2689 Amendments of Pascal DURAND
Amendment 72 #
2023/2114(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas all the previous enlargements have been coherent with the mission of the European Union to politically unify the European continent around the principles of Democracy, Rule of Law, shared prosperity and peace while respecting the identities of the Member States;
Amendment 105 #
2023/2114(INI)
Motion for a resolution
Recital C
Recital C
C. whereas accession to the EU must always be a merit-based procedure whereby each applicant is assessed on their own merit in fulfilling the Copenhagen criteria, in particular those of ensuring continuously full respect for human rights, democracy and the rule of law; whereas positive outcomes should be sought as quickly as possible, while avoiding fast- tracking or counterproductive fixed deadlines;
Amendment 131 #
2023/2114(INI)
Motion for a resolution
Recital E
Recital E
E. whereas candidate countries must also demonstrate their adherence to the fundamental values of the EU by aligning also with the common foreign and security policy;
Amendment 169 #
2023/2114(INI)
Motion for a resolution
Recital H
Recital H
H. whereas under the current institutional framework, the EU already faces considerable challenges in crisis management and strategic decision- making; whereas it is clear that the EU institutions and decision-making mechanisms were not designed for a Union that could be composed of up to 37 Member States; whereas before the next enlargement takes place, significant pre- enlargement reforms are needed to guarantee that the EU is able to absorb new members and to promote their successful integration; whereas this implies significant changes in the EU’s institutional framework, including toin particular the decision-making procedures, and the possible introduction of differentiated integration solutions; whereas in order to achieve this, the EU should take full advantage of the flexibility afforded by the Treaty of Lisbon and consider the possibility of treaty change, including via adaptations introduced by the accession treaties;
Amendment 198 #
2023/2114(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the mechanism to ensure compliance with the EU’s fundamental principles and values and the acquis communautaire must also be strengthened in parallel with the next enlargement in order to be complied with before it;
Amendment 217 #
2023/2114(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas enlargement can only be performed to countries which are not occupied by foreign powers and with stabilised and recognized borders at the moment of their accession;
Amendment 260 #
2023/2114(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that enlargement is of the utmost strategic importance for the EU, and all the more so in the face of Russia’s war of aggression against Ukraine; stresses that an enhanced enlargement policy has become one of the strongest geopolitical tool at the EU’s disposal; points out that enlargement is a strategic investment in peace, security and prosperity, as well as a driver for democracy and European values on the continent;
Amendment 373 #
2023/2114(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that European institutional reforms have to be performed before the accession of new Member States and must include simplified decision-making procedures, moving away from unanimity and replacing it with qualified majority voting provisions in areas such as the protection of democracy, human rights and the rule of law, sanctions and relevant foreignforeign and defence policyies decisions having an interest for the European Union;
Amendment 441 #
2023/2114(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that the composition of the Commission must take into account enlargement andenlargement must lead to a simplification of the portfolios attribution within the college of the Commission and discontinue the practice of appointing one commissioner by Member State, recalls in this regard the flexibility provided for in the Treaty of Lisbon;
Amendment 37 #
2023/2104(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes that European Council Decision (EU) 2023/2061 has taskrequested the Parliament withto proposinge an objective, fair, durable and transparent seat allocation method implementing the principle of degressive proportionality, without prejudice to the prerogatives of the institutions under the Treaties
Amendment 70 #
2023/2104(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that the method chosen should be understandable, avoiding a level of complexity that citizens cannot understand;
Amendment 12 #
2023/2085(INI)
Motion for a resolution
Recital C
Recital C
C. whereas EU citizens lack sufficient awareness, knowledge and understanding of the rights, civic duties and freedoms deriving from their EU citizenship; whereas there are still substantial shortcomings in the practical application of EU citizenship, some of which are caused by the non-uniform implementation of EU legislation by the Member States;
Amendment 18 #
2023/2085(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the Conference on the Future of Europe has to be recognized as a concrete manifestation of the exercise of democratic rights by the European citizens,
Amendment 26 #
2023/2085(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that EU citizenship comprises the shared and common European democratic identity and the specific rights, civic duties and freedoms attached to it, and that the exercise of those rights strengthens citizens’ link with the EU and its democratic legitimacy, as well as offering them additional rights;
Amendment 31 #
2023/2085(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that the construction of EU citizenship must move forward to address the needs and challenges of the 21st century and the complexity generated by globalisation and new technologies; stresses the negative impact of the growing digital divide on the exercise of citizenship rightdigitalization of democratic processes as insufficient digital literacy and access to connection terminals creates a digital divide between citizens, as it leaves a section of the public alienated from the European project;
Amendment 37 #
2023/2085(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Regrets the fact that the Commission did not specifically mention the reinforcement of EU citizenship and potential ways to achieve this in its communication following up on the CoFE24 ; recalls that the Council did show willingness to strengthen citizenship in the technical assessment it published in relation to the CoFE; but has not proposed, undertaken nor realized measures in order to meet this goal. _________________ 24 Commission communication of 17 June 2022 entitled ‘Conference on the Future of Europe – Putting Vision into Concrete Action’ (COM(2022)0404).
Amendment 42 #
2023/2085(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deplores the fact that mobile citizens are less likely to exercise their right to vote and run for office in European, local and municipal elections in their Member States of residence, with the reasons for this including insufficient information, language barriers, difficulties in registering to vote and the low success rate of non- national candidates;
Amendment 48 #
2023/2085(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Is concerned by the fact that mobile citizens are treated differently to nationals by their Member States of residence as regards access to social and institutional benefits; calls the Member States for a better implementation of the ECJ case- law prohibiting such discriminations;
Amendment 60 #
2023/2085(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States and local authorities to fully implement the existing directives on mobile citizens’ rights and reiterates its call to extend mobile citizens’ rights to national and, regional and local elections;
Amendment 62 #
2023/2085(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to guarantee the right of their expatriate nationals to vote in their country of origin, where recognised, by creating the material and regulatory conditions allowing their vote and by removing the bureaucratic obstacles that hinder and sometimes prevent the exercise of this right; Considers it essential to ensure uniform application of the right to vote in the European elections for EU citizenship residents outside of the EU;
Amendment 69 #
2023/2085(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Member States to put an end toand sanction accordingly ‘golden visa’ programmes and investor schemes and any other similar national schemes that lead to the acquisition of their citizenship and involve the direct or indirect sale of EU citizenship, as these undermine the very concept of EU citizenship and violate of EU principles and values;
Amendment 77 #
2023/2085(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States to invest in adapting school curriculaadapt existing curricula or create new ones in order to teach the history of Europe and the European Union in order to increase awareness of the added value of being a European and an EU citizen;
Amendment 81 #
2023/2085(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to develop public consultations tailored to citizens, especially young people, in order to increase citizens’ participation; calls on the Commission, in this regard, to further improve the ‘Have your say’ portal; recalls the Commission that the model for such consultations must follow the guidelines established during the Conference on the Future of Europe and not rely on smaller and less diverse samples of citizens;
Amendment 85 #
2023/2085(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Calls in this regard the Commission to study the possibility of creating, based on the Conference's experience, a permanent citizen consultation mechanism, which would allow citizen to be convened in the European Parliament on a regular basis, in order to give their opinions and recommendations on actual and future Union’s policies;
Amendment 91 #
2023/2085(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Reiterates the need to draw up an EU citizenship statute, on the basis of Article 25 TFEU, that compiles and updates existing citizenship rights and duties and establishes new ones; recalls that both the drafting of the EU citizenship statute and the updating and creation of these new rights should be carried out within the framework of the Treaties;
Amendment 99 #
2023/2085(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Urges the Member States to complement the Union's action to fight the digital divide among their population and to implement with great celerity the various recommendations of the European Parliament on the fight against foreign interferences and any kind of disinformation as they represent existential threat to democracy and the very exercise of citizens' rights;
Amendment 105 #
2023/2085(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Reiterates its call for the convening of a Convention for the revision of the Treaties, as provided for in Article 48 TEU; strongly believes that the Convention should carefully assess how to strengthen EU citizenship and citizens' participation further, beyond the current Treaties;
Amendment 2 #
2023/2016(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the Proposal of a Manifesto for a Federal Europe: Sovereign, Social and Ecological, adopted by the Spinelli Group on 29 August 2022 [1] https://thespinelligroup.eu/wp- content/uploads/2022/10/20220912_Propo sal-Manifesto-for-a-Federal-Europe- political-social-and-ecological.pdf.
Amendment 20 #
2023/2016(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises the important role of European political parties and foundations in contributing to the debate on European public policy issues and in forming European political awareness; stresses that Article 21 of Regulation (EU, Euratom) No 1141/2014 encourages European political parties to conduct their own European elections campaigns, which must remain in line with Union values, and which are complementary to but distinct from the campaigns of their member parties; notes, however, that owing to restrictive measures at European and national levels, European political parties cannot fully participate in European election campaigns; stresses, moreover, that they are not allowed to campaign in referendums that concern European matters; encourages European political parties to reach an agreement on how to adapt the provisions in this resolution to develop the electoral campaign to the European elections and on how to proceed during the post-electoral process;
Amendment 25 #
2023/2016(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the enhanced visibility of European political parties in public debates and media campaigns; insists that all national political parties should make the logos of the European political parties visible on ballots; calls on the European political parties to draft manifestos in good time ahead of the elections so as to be able to share their proposals; considers that European political parties’ manifestos should be known before the elections, which requires clear and transparent rules on campaigning; welcomes in this context the European Campaign Action Plan ("E- CAP") guidance developed by the Authority for European Political Parties and European Political Foundations that assists European political parties in planning their campaigns in light of the applicable rules and principles. This guidance confirms that the participation of lead candidates ("Spitzenkandidaten") in campaigns and the distinct visibility of the European political parties are positive enablers in accordance with the existing legal framework.
Amendment 71 #
2023/2016(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Considers that access to information about the election campaign is a necessary condition for improving citizen's participation in the election; Calls on the Member States to encourage their national media to cover the elections in such a way as to enable European citizens to exercise their right to vote and to perceive the European dimension of their choice;
Amendment 4 #
2023/0368(COD)
Proposal for a decision
Recital 3
Recital 3
(3) To reduce the reporting burden on undertakings, as set out in the Commission Communication on ‘Long-term competitiveness of the EU: looking beyond 2030’10 , undertakingsenable undertakings to carry out high-quality sustainability reporting, they should be allowed to focus first on the implementation of sustainability reporting requirements laid down in Delegated Regulation (EU) XX/XXX. For that reason, the time limit for the adoption of the delegated acts containing the complementary sustainability reporting requirements referred to in Article 29b(1), third subparagraph, of Directive 2013/34/EU should be postponed by 2 years. _________________ 10 COM(2023)168.
Amendment 7 #
2023/0368(COD)
Proposal for a decision
Recital 3 a (new)
Recital 3 a (new)
(3 a) The adoption of sector-specific sustainability standards, however, is instrumental for companies to be able to comply with reporting requirements and for investors to rely on comparable information. The Commission should thus consider the adoption of said standards as a priority, especially as regards sectors with high impact.
Amendment 12 #
2023/0368(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive 2013/34/EU
Article 29b – paragraph 1 – subparagraph 4 (new)
Article 29b – paragraph 1 – subparagraph 4 (new)
(1 a) In Article 29b(1), the following fourth subparagraph is inserted: Without prejudice to the third subparagraph, in the delegated acts referred to in the first subparagraph, the Commission shall: by 30 June 2024, specify information that undertakings are to report that is specific to sectors associated with oil and gas activities (upstream and mid-downstream) that are included in Sections A to H and Section L of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council;1a by 31 December 2024, specify information that undertakings are to report that is specific to sectors associated with coal mining and mining activities that are included in Sections A to H and Section L of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council; by 30 June 2025, specify information that undertakings are to report that is specific to sectors associated with financial services and textile activities that are included in Sections A to H and Section L of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council. _________________ 1a Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (OJ L 393, 30.12.2006, p. 1).
Amendment 124 #
2023/0177(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) It is important to lay down rules ensuring that ESG ratings provided by ESG rating providers authorised in the Union are of adequate quality, are subject to appropriate requirements and ensure market integrity. Those rules would apply to overall ESG ratings capturing Environmental, Social and Governance factors, and to ratings that are only looking at a single Environmental, Social or Governance factor or sub-component of that factorthese factors individually.
Amendment 134 #
2023/0177(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) To ensure a higher-level transparency, ESG rating providers should disclose information to the public on the methodologies, models and key rating assumptions which those providers use in their ESG rating activities and in each of their ESG ratings product. In light of the uses of ESG ratings by investors, they should, to the greatest extent possible, take into account all relevant information, in each of the materiality dimensions, on sustainability matters falling within the scope of the rated entity’s activities. As a result, the rating products should explicitly disclose whicaddress both dimensions of the double materiality, the rating addresses, whether it is boat is, both the material financial risk to the rated entity and the material impact of the rated entity on the environment and society in general or whether it takes into account only one. On the one hand, an impact dimension pertains to the undertaking’s material actual or potential, positive or negative impacts on people or the environment over the short-, medium- and long-term. Impacts include those connected with the undertaking’s own operations and upstream and downstream value chain, including through its products and services, as well as through its business relationships, as defined in the delegated act supplementing Directive 2013/34/EU. On the other hand, a financial dimension should be considered if it triggers or could reasonably be expected to trigger material financial effects ofn them. They undertaking. This is the case when a sustainability matter generates or may generate risks or opportunities that have a material influence, or could reasonably be expected to have a material influence, on the undertaking's development, financial position, financial performance, cash flows, access to finance or cost of capital over the short-, medium- or long-term. ESG rating providers should also explicitly disclose whether the rating addresses other dimensions. For the same reason, ESG rating providers should provide more detailed information on the methodologies, models and key rating assumptions to subscribers of ESG ratings. That information should enable users of ESG ratings to perform their own due diligence when assessing whether to rely or not on those ESG ratings. Disclosure of information concerning models should however not reveal sensitive business information or impede innovation.
Amendment 250 #
2023/0177(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1 – introductory part
Article 9 – paragraph 2 – subparagraph 1 – introductory part
The Commission mayshall, where applicable, adopt an implementing decision stating that the legal framework and supervisory practice of a third country ensures that:
Amendment 254 #
2023/0177(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
For the purposes of point (a), the Commission shall take into account whether the legal framework and supervisory practice of a third country ensures compliance with the IOSCO recommendations for ESG Ratings published in November 2021 as well as with all Europan Union legislation relating to sustainability disclosure, including Regulation (EU) 2019/2088 of the European Parliament and of the Council, Regulation (EU) 2020/852 of the European Parliament and of the Council and Directive (EU) 2022/2464 of the European Parliament and of the Council.
Amendment 265 #
2023/0177(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
For the purposes of point (b) of the first subparagraph, ESMA may consider that compliance of the provision of the ESG rating to be endorsed with the IOSCO recommendations for ESG ratings as well as with all Europan Union legislation relating to sustainability disclosure, including Regulation (EU) 2019/2088 of the European Parliament and of the Council, Regulation (EU) 2020/852 of the European Parliament and of the Council and Directive (EU) 2022/2464 of the European Parliament and of the Council is equivalent to compliance with the requirements of this Regulation.
Amendment 282 #
2023/0177(COD)
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Third country ESG rating providers that wish to be recognised as referred to in paragraph 1 shall comply with the requirements established in this Regulation and apply for recognition to ESMA. ESG rating providers may fulfil that condition by applying the IOSCO recommendations on ESG ratings provided that such application is equivalent to compliance with the requirements established in this Regulation and, for the ESG rating of the undertakings in the scope of Directive 2013/34/EU of the European Parliament and of the Council, that it takes into account information of the rated entity’s activities on sustainability matters, as defined in Article 2, subparagraph b, point 17 of Directive 2013/34/EU of the European Parliament and of the Council, for each of the materiality dimensions.
Amendment 296 #
2023/0177(COD)
Proposal for a regulation
Article 14 – paragraph 7 a (new)
Article 14 – paragraph 7 a (new)
7a. ESG rating providers, when providing E, S and G ratings, either aggregated or separately, shall, to the greatest extent possible, take into account all material sustainability information, for each of the materiality dimensions.
Amendment 309 #
2023/0177(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. Any person directly or indirectly linked to the ESG rating providers by control shall not provide any of the following activities:
Amendment 418 #
2023/0177(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
In carrying out their duties under this Regulation, ESMA, the Commission or any public authorities of a Member State shall not interfere with the content of ESG ratings or methodologies, provided the latter two comply with the obligations laid down in this Regulation.
Amendment 453 #
2023/0177(COD)
Proposal for a regulation
Article 45 – paragraph 6
Article 45 – paragraph 6
6. A delegated act adopted pursuant to Articles 7, 9, 10, 11, 22, 33, 34 and 40 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by [two months] at the initiative of the European Parliament or of the Council.
Amendment 454 #
2023/0177(COD)
Proposal for a regulation
Article 45 – paragraph 8 a (new)
Article 45 – paragraph 8 a (new)
Amendment 8 #
2022/2172(INI)
C a. whereas legislative proposals to introduce Financial Transaction Taxes (FTT) were the first attempt within the Union to establish enhanced cooperation in the area of taxation but have been hindered by national vetoes.
Amendment 9 #
2022/2172(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. Whereas according to the European Commission 26% of anthropogenic methane emissions come from organic wastes.
Amendment 26 #
2022/2172(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines that more genuine own resources should not lead to a reduction of national contribution of the Member States to the Union’s budget; calls for an immediate and permanent increase of the Own Resources ceiling; reiterates its position in favour of the abolition of all rebates and corrections, the simplification of the VAT-based own resource, the unity of the European Budget and the use of fines and fees as extra revenue for the EU budget;
Amendment 140 #
2022/2172(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Is ready to consider maintaining Member States’ GNI contributions at current nominal levels in exchange for the establishment of new own resources that would not only pay the interest and principal repayments of the insurances but would also finance a more ambitious and efficient EU budget;
Amendment 150 #
2022/2172(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for the establishment of a biowaste-based own resource; underlines that, under this mechanism, a share of GNI-based contributions would be replaced by a new distribution key requiring Member States recyclusing less biowaste to contribute more than Member States that recycluse more biowaste, in a proportionate way for electricity and heat production, in a proportionate way that also respects the Do No Significant Harm Principle (DNSH); considers that this own resource would incentivise Member States to resort less to landfills;
Amendment 159 #
2022/2172(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Concludes that the current financing of the EU budget is in breach of the intention of the founding fathers and the spirit of the Treaties; calls, therefore, for negotiations with the Council in a bid to redefine the Union's budgetary balance by limiting the percentage of resources from national contributions in favour of new own resources.
Amendment 18 #
2022/2051(INL)
Draft opinion
Recital C
Recital C
C. whereas the Conference puts forward proposals and measures impacting agriculture and rural areas towards more climate and environmental sustainability as well as high animal welfare standards;
Amendment 24 #
2022/2051(INL)
Draft opinion
Recital C a (new)
Recital C a (new)
C a. Whereas the Conference brought forward proposals to improve the protection of animals, including through high and common animal welfare norms;
Amendment 90 #
2022/2051(INL)
Draft opinion
Paragraph 2 – indent 1 – paragraph 1 – point e d (new)
Paragraph 2 – indent 1 – paragraph 1 – point e d (new)
(e d) To ensure high animal welfare standards;
Amendment 5 #
2022/2046(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that the sudden emergence of severe European-wide crises, such as the pandemic and Russia’s war of aggression against Ukraine, and their detrimental economic spillover, have tested the multiannual financial framework (MFF) and underlined the need for the MFF to be strengthened and managed in a more flexible, yet sustainable, manner; therefore sees a need for thea structural revision of the MFF and calls on the Commission to conduct an in-depth review of the functioning of the current MFF and to proceed with a legislative proposal for comprehensive MFF revision as soon as possible, and no later than the first quarter of 2023;
Amendment 7 #
2022/2046(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that under the Interinstitutional Agreement of 16 December 20201 , where a proposal for a new MFF or for a substantial revision has been presented, the institutions have committed to seeking to determine specific arrangements for cooperation and dialogue between them throughout the procedure leading to its adoption; reaffirms its commitment to this Agreement and expresses its readiness to engage with the other institutions to devise and implement ambitious and future-proof budget solutions; _________________ 1 Point 15 of the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (OJ L 433 I, 22.12.2020, p. 28)
Amendment 8 #
2022/2046(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the vital role played by the European Parliament in the preparation, review and scrutiny of the MFF; reiterates its view that any future decisions on the budgetary architecture of the Union should safeguard the community method and ensure that the Parliament is fully involved in the decision-making process; recalls that all elements of the MFF package must be implemented in accordance with the principle of mutual sincere cooperation, as laid down in Article 13(2) of the Treaty on European Union; regrets the use of instruments to advance legislation without European Parliament’s consent or influence;
Amendment 10 #
2022/2046(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Invites the Commission to propose new own resources ahead of the timeline envisaged in the legally binding roadmap for the current MFF by the end of 2023; points out that these new resources should generate sufficient income to ensure that the common debt can be effectively repaid;
Amendment 15 #
2022/2046(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that the Conference on the Future of Europe has proposed strengthening the Union budget through new own resources2 and that the European Parliament should decide on the Union budget as it is the right of parliaments at national level3 ; calls in that regard for the European Parliament to be more closely associated with the Commission and the Council in the process of adopting new own resources; stresses that the Conference provided additional momentum for a revision of the current MFF; _________________ 2 Conference on the Future of Europe proposal 16. 3 Conference on the Future of Europe proposal 39.4, third bullet.
Amendment 19 #
2022/2046(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. WelcomesTakes the view that the Recovery and Resilience Facility has been an effective and critical tool in times of crisis, supporting economic convergence between Member States and enabling the financing of strategic cross-border projects with European added value; takes note of the application by the Commission of the Rule of Law Conditionality Regulation5 laying down the rules necessary for the protection of the Union budget in the case of breaches of the principles of the rule of law in the Member States which affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way; regrets the delay in the enforcement of the Rule of Law Conditionality mechanism and calls on the Commission to strengthen its oversight of the milestones and targets to be met by the Member States; underlines that funds cannot be disbursed if Member States do not uphold the rule of law and comply with all relevant ECJ rulings; _________________ 5 Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget (OJ L 433 I, 22.12.2020, p. 1).
Amendment 25 #
2022/2046(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Reiterates its call for the activation of the passerelle clause provided for in Article 312(2) TFEU so as to allow the Council to adoption the MFF Regulation by qualified majority; recalls its proposals that the ordinary legislative procedure be applied for the adoption of the MFF Regulation; calls for Article 311(3) TFEU to be amended so as to allow the European Parliament to give its consent in the process of adopting new own resources.
Amendment 2 #
2022/2015(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas transparency and accountability are a precondition for citizens’ trust in EU institutions;
Amendment 3 #
2022/2015(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
A b. whereas transparency is corollary of the principles of openness enshrined in the EU treaties;
Amendment 7 #
2022/2015(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas Article 15(3) TFEU, which has been inserted by the Lisbon Treaty, extends the scope of the transparency obligation to all institutions, bodies, offices and agencies, while the ECB, the EIB and the CJEU are only covered in the exercise of their administrative tasks;
Amendment 17 #
2022/2015(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that any update to Regulation (EC) No 1049/2001, whether with regard to the extension of its institutional scope or its recast, should faithfully integrate the principles established by the case law and adapt the regulation to technological developments without constituting a step back compared to the current legislative framework;
Amendment 19 #
2022/2015(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Invites the EU institutions to improve findability and accessibility of the documents related to search on their internet pages;
Amendment 22 #
2022/2015(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Invites theCalls on all EU institutions to ensure the systematic provision of dataall documents in an open, machine- readable format, which is especially essential for numerical or financial data;
Amendment 30 #
2022/2015(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on all relevant EU institutions to increase the number and to enlarge the categories of documents they directly make available in their public registers;
Amendment 37 #
2022/2015(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Recalls that the Council as any other institution has the obligation to demonstrate how and why publication of the information would harm a legitimate interest protected by one of the exceptions; points out that it should explain why it considers this harm substantial enough to override the public interest in accessing that document;
Amendment 41 #
2022/2015(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Insists that the systematic publication of the mandate to start trilogue negotiations and of the final position of the Council endorsing the outcome of the negotiations is a bare minimum and that in order to mirror the transparency of Parliament in the legislative negotiations, the Council should also systematically record the identity of Member States when they express their positions in Council;
Amendment 46 #
2022/2015(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Recalls that the Court of Justice has observed that it is precisely transparency concerning legal advice that contributes to conferring greater legitimacy on the institutions in the eyes of European citizens and increasing their confidence in them by allowing divergences between various points of view to be openly debated (judgment of 4 September 2018, ClientEarth v Commission);
Amendment 49 #
2022/2015(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Recalls conclusion 39 of the Conference on the Future of Europe, asking to “ensure transparency of decision-making by allowing independent citizens’ observers to closely follow the decision-making process, guaranteeing broader right of access to documents, and develop on this basis stronger links and an enhanced dialogue between citizens and the EU institutions;
Amendment 16 #
2022/0906(COD)
Draft Regulation
Recital 8
Recital 8
(8) Having regard to the substantive criterion applicable to the distribution between the Court of Justice and the General Court of jurisdiction to give preliminary rulings, it is necessary, for reasons of legal certainty and expedition, for the referring courts not themselves to decide the question as to which of the Courts of the Union has jurisdiction to hear and determine a request for a preliminary ruling. Every request for a preliminary ruling must therefore be submitted to a single court, namely the Court of Justice, which will determine, in accordance with detailed rules to be set out in its Rules of Procedure, whether the request falls exclusively within one or several specific defined areas laid down in the Statute of the Court of Justice of the European Union and, accordingly, whether that request must be dealt with by the General Court. The Court of Justice will continue to have jurisdiction to adjudicate on requests for a preliminary ruling that, notwithstanding that they may be connected to those specific areas, also concern other areas, since the first subparagraph of Article 256(3) of the Treaty on the Functioning of the European Union does not provide any possibility of transferring to the General Court jurisdiction to give preliminary rulings in areas other than the specific areas. The Court of Justice will also continue to have jurisdiction when requests for preliminary rulings raise questions that relate to provisions of primary law, general principles of law, or the Charter of Fundamental Rights, even if the legal context of the main proceedings falls within one of the specific areas indicated in Article 50b, paragraph 1, of the Statute.
Amendment 21 #
2022/0906(COD)
Draft Regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Should the General Court find that, during the examination of a request for a preliminary ruling, it does not have jurisdiction according to Article 50b, paragraph 1, of the Statute, it shall refer the request to the Court of Justice.
Amendment 30 #
2022/0906(COD)
Draft Regulation
Recital 13
Recital 13
(13) With this in mind, it is necessary, first, to extend that mechanism to appeals whose subject matter is a decision of the General Court concerning the decision of an independent board of appeal of an office, body or agency of the Union which, on 1 May 2019, had such an independent board of appeal but to which Article 58a of the Statute of the Court of Justice of the European Union does not yet refer. Such appeals concern cases which have already been considered twice, initially by an independent board of appeal, then by the General Court, with the result that the right to effective judicial protection is fully guaranteed.
Amendment 31 #
2022/0906(COD)
Draft Regulation
Recital 14
Recital 14
Amendment 41 #
2022/0906(COD)
Draft Regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Protocol No 3 on the Statute of the Court of Justice of the European Union
Article 50b – paragraph 1a (new)
Article 50b – paragraph 1a (new)
1a. When a request for a preliminary ruling raises questions that relate to provisions of primary law, general principles of law, or the Charter of Fundamental Rights, it shall remain within the jurisdiction of the Court of Justice even if the legal context of the main proceedings falls within one of the specific areas indicated in paragraph 1.
Amendment 45 #
2022/0906(COD)
Draft Regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Protocol No 3 on the Statute of the Court of Justice of the European Union
Article 50b – paragraph 2
Article 50b – paragraph 2
2. Every request for a preliminary ruling made under Article 267 of the Treaty on the Functioning of the European Union shall be submitted to a single court, namely the Court of Justice. After verifying, in accordance with the detailed rules set out in its Rules of Procedure, that the request for a preliminary ruling comes exclusively within one or within several of the areas to which paragraph 1 refers, the Court of Justice shall transmit that request to the General Court.
Amendment 48 #
2022/0906(COD)
Draft Regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Protocol No 3 on the Statute of the Court of Justice of the European Union
Article 50b – paragraph 2a (new)
Article 50b – paragraph 2a (new)
2a. Where the General Court finds that it does not have jurisdiction to hear and determine a request for preliminary ruling, it shall refer the request back to the Court of Justice.
Amendment 49 #
2022/0906(COD)
Draft Regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Protocol No 3 on the Statute of the Court of Justice of the European Union
Article 58a – paragraph 2 – indent 2
Article 58a – paragraph 2 – indent 2
Amendment 53 #
2022/0906(COD)
Draft Regulation
Article 4 a (new)
Article 4 a (new)
Article4a 1. At the latest three years after the entry into force of the current Regulation, the Court of Justice shall present to the European Parliament, the Council, and the Commission a report on its implementation and impact. 2. This report shall include, inter alia: - the total number of requests for preliminary rulings received under Article 267 TFEU and the average length for dealing with preliminary ruling cases; - the number of requests for preliminary rulings in each of the specific areas indicated in Article 50b, paragraph 1, of the Statute, and the average length for dealing with preliminary ruling cases in these areas; - the number of requests for preliminary rulings in these specific areas that were transferred to the General Court, and the average length for dealing with preliminary ruling cases in these areas in the General Court; - the number of requests for preliminary rulings that despite falling within one of these specific areas were not transferred to the General Court, as well as the number of requests that were first transferred to the General Court but then referred to the Court of Justice.
Amendment 45 #
2022/0212(BUD)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls for the European Financial Reporting Advisory Group (EFRAG) to receive sufficient public funding to ensure its independence, in particular to develop high-quality sustainability reporting standards that contribute to the European public good and meet the needs of Union undertakings;
Amendment 144 #
2022/0051(COD)
Proposal for a directive
Recital 19
Recital 19
(19) As regards regulated financial undertakings providing loan, credit, or other financial services, including equity investment services, “value chain” with respect to the provision of such services should be limited to the activities of the clients receiving such services, and the subsidiaries thereof whose activities are linked to the contract in question. Clients that are households and natural persons not acting in a professional or business capacity, as well as small and medium sized undertakings, should not be considered to be part of the value chain. The activities of the companies or other legal entities that are included in the value chain of that client should not be covered.
Amendment 178 #
2022/0051(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Under the due diligence obligations set out by this Directive, a company should identify actual or potential adverse human rights and environmental impacts. In order to allow for a comprehensive identification of adverse impacts, such identification should be based on quantitative and qualitative information. For instance, as regards adverse environmental impacts, the company should obtain information about baseline conditions at higher risk sites or facilities in value chains. Identification of adverse impacts should include assessing the human rights, and environmental context in a dynamic way and in regular intervals: prior to a new activity or relationship, prior to major decisions or changes in the operation; in response to or anticipation of changes in the operating environment; and periodically, at least every 12 months, throughout the life of an activity or relationship. Regulated financial undertakings providing loan, credit, or other financial services, including equity investment should identify the adverse impacts only at the inception of the contract and prior to each funding instalment, including for multi-stage funding projects. When identifying adverse impacts, companies should also identify and assess the impact of a business relationship’s business model and strategies, including trading, procurement and pricing practices. Where the company cannot prevent, bring to an end or minimize all its adverse impacts at the same time, it should be able to prioritize its action, provided it takes the measures reasonably available to the company, taking into account the specific circumstances.
Amendment 334 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The value chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of establisthed business relationships of the company. It should encompass upstream established direct and indirect business relationships that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.
Amendment 346 #
2022/0051(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their value chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to established business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the value chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that company.
Amendment 374 #
2022/0051(COD)
Proposal for a directive
Recital 28
Recital 28
(28) In order to ensure that due diligence forms part of companies’ corporate policies, and in line with the relevant international framework, companies should integrate due diligence into all their corporate policies and have in place a due diligence policy. The due diligence policy should contain a description of the company’s approach, including in the long term, to due diligence, a code of conduct describing the rules and principles to be followed by the company’s employees and subsidiaries; a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to established business relationships. The code of conduct should apply in all relevant corporate functions and operations, including procurement and purchasing decisions. Companies should also update their due diligence policy annually.
Amendment 401 #
2022/0051(COD)
Proposal for a directive
Recital 34
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant. Where necessary due to the complexity of prevention measures, companies should develop and implement a prevention action plan. Companies should seek to obtain contractual assurances from a direct partner with whom they have an established business relationship that it will ensure compliance with the code of conduct or the prevention action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ value chain. The contractual assurances should be accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also make investments which aim to prevent adverse impacts, provide targeted and proportionate support for an SME with which they have an established business relationship such as financing, for example, through direct financing, low-interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of training, management systems upgrading, and collaborate with other companies.
Amendment 402 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘value chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘value chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services, including equity investment, and of other companies belonging to the same group whose activities are linked to the contract in question. The value chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
Amendment 411 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) ‘independent third-party verification’ means verification of the compliance by a company, or parts of its value chain, with human rights and environmental requirements resulting from the provisions of this Directive by an auditor that is accredited in a Member State for conducting certifications that are based on internationally recognised standards that address human rights and environmental matters and which is independent from the company, free from any conflicts of interests, has experience and competence in environmental and human rights matters and is accountable for the quality and reliability of the audit;
Amendment 416 #
2022/0051(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Under the due diligence obligations set out by this Directive, if a company identifies actual human rights or environmental adverse impacts, it should take appropriate measures to bring those to an end. It can be expected that a company is able to bring to an end actual adverse impacts in their own operations and in subsidiaries. However, it should be clarified that, as regards established business relationships, where adverse impacts cannot be brought to an end, companies should minimise the extent of such impacts. Minimisation of the extent of adverse impacts should require an outcome that is the closest possible to bringing the adverse impact to an end. To provide companies with legal clarity and certainty, this Directive should define which actions companies should be required to take for bringing actual human rights and environmental adverse impacts to an end and minimisation of their extent, where relevant depending on the circumstances.
Amendment 421 #
2022/0051(COD)
Proposal for a directive
Recital 39
Recital 39
(39) So as to comply with the obligation of bringing to an end and minimising the extent of actual adverse impacts under this Directive, companies should be required to take the following actions, where relevant. They should neutralise the adverse impact or minimise its extent, with an action proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Where necessary due to the fact that the adverse impact cannot be immediately brought to an end, companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Companies should also seek to obtain contractual assurances from a direct business partner with whom they have an established business relationship that they will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain. The contractual assurances should be accompanied by the appropriate measures to verify compliance. Finally, companies should also make investments aiming at ceasing or minimising the extent of adverse impact, provide targeted and proportionate support for an SMEs with which they have an established business relationship and collaborate with other entities, including, where relevant, to increase the company’s ability to bring the adverse impact to an end.
Amendment 436 #
2022/0051(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Companies should monitor the implementation and effectiveness of their due diligence measures. They should carry out periodic assessments of their own operations, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitigation of human rights and environmental adverse impacts. Such assessments should verify that adverse impacts are properly identified, due diligence measures are implemented and adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 months and be revised in-between if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen.
Amendment 507 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts and environmental adverse impacts, including material impacts on climate change, with respect to their own operations, the operations of their subsidiaries, and the value chain operations carried out by entities with whom the company has an established business relationship and
Amendment 518 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
Amendment 521 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. When companies referred to in Article 3, point (a)(iv), provide credit, loan or other financial services, including equity investment, identification of actual and potential adverse human rights impacts and adverse environmental impacts shall be carried out only before providing that service. and prior to each funding instalment, including for multi-stage funding contracts.
Amendment 559 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point ii
Article 2 – paragraph 1 – point b – point ii
(ii) agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, animal products, wood, food, and beverages;
Amendment 569 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii a (new)
Article 2 – paragraph 1 – point b – point iii a (new)
(iiia) International shipping
Amendment 591 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) Undertakings and groups as referred to in Article 3, paragraphs 4, and 7 of Directive 2013/34/EU.
Amendment 599 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. By way of derogation from paragraph 5, point (b), when companies referred to in Article 3, point (a)(iv), provide credit, loan or other financial services, including equity investment, they shall not be required to terminate the credit, loan or other financial service contract when this can be reasonably expected to cause substantial prejudice to the entity to whom that service is being provided.
Amendment 669 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘adverse environmental impact’ means an adverse impact on the environment resulting from the violation of one of the prohibitions and obligations pursuant to the international environmental conventions listed in the Annex, Part II; , or from the failure to comply with obligation under the following:
Amendment 671 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b – point i (new)
Article 3 – paragraph 1 – point b – point i (new)
(i) a violation of the obligations set out in Directive 2008/99/EC (Environmental Crime Directive) of the European Parliament and of the Council,
Amendment 672 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b – point ii (new)
Article 3 – paragraph 1 – point b – point ii (new)
(ii) Any adverse impact on one of the following environmental categories as defined by Regulation (EU) 2020/852(Taxonomy Regulation): (a) climate change mitigation, including as regards scope 1, scope 2 and, where relevant, scope 3greenhouse gas emissions; (b) climate change adaptation; (c) water and marine resources; (d) resource use and the circular economy; (e) pollution; (f) fauna and flora, nature-related impacts on and risks for biodiversity and ecosystems.
Amendment 678 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
7. By way of derogation from paragraph 6, point (b), when companies referred to in Article 3, point (a)(iv), provide credit, loan or other financial services, including equity investment, they shall not be required to terminate the credit, loan or other financial service contract, when this can be reasonably expected to cause substantial prejudice to the entity to whom that service is being provided.
Amendment 692 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Article 3 – paragraph 1 – point e – introductory part
(e) ‘business relationship’ means a relationship with a contractor, subcontractor or any other legal entities (‘partner’)subsidiaries and commercial relationships of an undertaking throughout its value chain, including suppliers and sub- contractors which are directly linked to the undertaking’s business operations, products or services and any other legal entities (‘partner’) which are under the control of an undertaking.
Amendment 699 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – point i
Article 3 – paragraph 1 – point e – point i
(i) with whom the company has a commercial agreement or to whom the company provides financing, insurance or reinsurance, or other forms of credit, including private equity and investment.
Amendment 705 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) ‘control’ means the possibility for an undertaking to exercise decisive influence on another undertaking, in particular by ownership or the right to use all or part of the assets of the latter, or by rights or contracts or any other means, having regard to all factual considerations, which confer decisive influence on the composition, voting or decisions of the decision making bodies of an undertaking;
Amendment 728 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘value chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companieundertakings within the meaning of point (a)(iv), ‘value chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, insurance, reinsurance and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question, including private equity and investment. The value chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities. The downstream value chain of those regulated financial undertakings shall only cover clients that are direct business partners;
Amendment 740 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) ‘independent third-party verification’ means verification of the compliance by a company, or parts of its value chain, with human rights and environmental requirements resulting from the provisions of this Directive by an auditorIndependent Assurance Service Provider (IASP) as defined in Article 2 of Directive 2006/43/EC and by an auditor that is registered as a consequence of approval in accordance with Article 3 of Directive 2006/43/EC or accredited in a Member State for conducting certifications that are based on internationally recognised standards that address human rights and environmental matters and which is independent from the company, free from any conflicts of interests, has experience and competence in environmental and human rights matters and is accountable for the quality and reliability of the audit;
Amendment 809 #
2022/0051(COD)
Proposal for a directive
Article 17 – paragraph 8
Article 17 – paragraph 8
8. Member States shall guarantee the independence of the supervisory authorities and shall ensure that they, and all persons working for or who have worked for them and auditors or accredited experts acting on their behalf, exercise their powers impartially, transparently and with due respect for obligations of professional secrecy. In particular, Member States shall ensure that the authority is legally and functionally independent from the companies falling within the scope of this Directive or other market interests, that its staff and the persons responsible for its management are free of conflicts of interest, subject to confidentiality requirements, and that they refrain from any action incompatible with their duties.
Amendment 851 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to established business relationships;
Amendment 861 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Amendment 874 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 2
Article 22 – paragraph 2 – subparagraph 2
Amendment 883 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their value chains, from their established business relationships, in accordance with paragraph 2, 3 and 4.
Amendment 904 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. When companies referred to in Article 3, point (a)(iv), provide credit, loan, assurance, reinsurance or other financial services, including equity and investment, identification of actual and potential adverse human rights impacts and adverse environmental impacts shall be carried out only before providing that service. and prior to each funding instalment, including for multi-stage funding contracts. To that end, they shall take appropriate measures to identify actual and potential adverse human rights impacts and adverse environmental impacts related to the provision of financial services throughout the entire operations chain of the client provided for that service.
Amendment 959 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) provide targeted and proportionate support for an SME with which the company has an established business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME;
Amendment 1016 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. By way of derogation from paragraph 5, point (b), when companies referred to in Article 3, point (a)(iv), provide credit, loan, assurance, reinsurance or other financial services, including equity and investment, they shall not be required to terminate the credit, loan or other financial service contract when this can be reasonably expected to cause substantial prejudice to the entity to whom that service is being provided.
Amendment 1054 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) seek contractual assurances from a direct partner with whom it has an established business relationship that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the value chain (contractual cascading). When such contractual assurances are obtained, paragraph 5 shall apply.
Amendment 1120 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
7. By way of derogation from paragraph 6, point (b), when companies referred to in Article 3, point (a)(iv), provide credit, loan assurance, reinsurance or other financial services, including equity and investment, they shall not be required to terminate the credit, loan or other financial service contract, when this can be reasonably expected to cause substantial prejudice to the entity to whom that service is being provided.
Amendment 1216 #
2022/0051(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 months and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments.
Amendment 1224 #
2022/0051(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that companies that are not subject to reporting requirements under Articles 19a, 29a and 2940a of Directive 2013/34/EU report on the matters covered by this Directive by publishing on their website an annual statement in a language customary in the sphere of international business. The statement shall be published by 30 April each year, covering the previous calendar year. that is audited or assured with an assurance in line with the requirements outlined in Directive 2006/43/EC57a. The statement shall be published by 30 April each year, covering the previous calendar year and be drawn up in accordance with the due diligence reporting standards adopted pursuant to Article 29b or where applicable with Article 40b of Directive 2013/34/EU providing those are without prejudice to any Union requirement on those undertakings to conduct a due diligence process. For companies referred to in Article 3 point (a)(iv) or reporting on a voluntary basis, these reporting obligations should be without prejudice of Article 4(1) of Regulation (EU) 2019/2088 to Article 4(3), Article 4(4)57b. _________________ 57a Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts 57b Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability- related disclosures in the financial services sector pursuant
Amendment 1260 #
2022/0051(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
In order to provide support to companies to facilitate their compliance with Article 7(2), point (b), and Article 8(3), point (c), the Commission shall adopt guidance prior to the first application date of this Directive about voluntary model contract clauses.
Amendment 1270 #
2022/0051(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, mayshall issue guidelines prior to the first application date of this directive, including for specific sectors or specific adverse impacts.
Amendment 1280 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall, in order to provide information and support to companies and the partners with whom they have established business relationships in their value chains in their efforts to fulfil the obligations resulting from this Directive, set up and operate individually or jointly dedicated websites, platforms or portals. Specific consideration shall be given, in that respect, to the SMEs that are present in the value chains of companies.
Amendment 1301 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Companies may rely on industry schemes and multi-stakeholder initiatives to support the implementation of their obligations referred to in Articles 5 to 11 of this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. The Commission and the Member States may facilitate the dissemination of information on such schemes or initiatives and their outcome. The Commission, in collaboration with Member States, mayshall issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
Amendment 1320 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that companies referred to in Article 2(1), point (a), and Article 2(2), point (a), shall adopt a plan to ensure that the business model and strategy of the company are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement. This plan shall under the United Nations Framework Convention on Climate Change adopted on 12December 2015 (the ‘Paris Agreement’) and the objective of achieving climate neutrality by 2050 as established in Regulation (EU) 2021/1119 of the European Parliament and of the Council, and, where relevant, the exposure of the undertaking to coal-, oil- and gas-related activities. This plan shall include implementing actions and related financial and investment plans and, in particular, identify, on the basis of information reasonably available to the company, the extent to which climate change is a risk for, or an impact of, the company’s operations. Where applicable, it shall be designed according to requirements referred to in Article 19a, 29b and 40b of Directive 2013/34/EU.
Amendment 1341 #
2022/0051(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Each Member State shall designate one or more supervisory authorities to supervise compliance with the obligations laid down in national provisions adopted pursuant to Articles 6 to 11 and Article 15(1) and (2) (‘supervisory authority’) and ensure the supervisory authorities designated are sufficiently resourced to supervise the measures set out in this Directive.
Amendment 1352 #
2022/0051(COD)
Proposal for a directive
Article 17 – paragraph 8
Article 17 – paragraph 8
8. Member States shall guarantee the independence of the supervisory authorities and shall ensure that they, and all persons working for or who have worked for them and auditors or expertaccredited experts under internationally recognised standards on human rights and environment matters acting on their behalf, exercise their powers impartially, transparently and with due respect for obligations of professional secrecy. In particular, Member States shall ensure that the authority is legally and functionally independent from the companies falling within the scope of this Directive or other market interests, that its staff and the persons responsible for its management are free of conflicts of interest, subject to confidentiality requirements, and that they refrain from any action incompatible with their duties.
Amendment 1358 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that the supervisory authorities have adequate powers and resources to carry out the tasks assigned to them under this Directive, including the power to request information and carry out investigations related to compliance with the obligations set out in this Directive and with the obligations set out in Article 1 of Directive 2013/43/EU when it is deemed necessary to fulfil the obligation of this directive.
Amendment 1381 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 5 – point b a (new)
Article 18 – paragraph 5 – point b a (new)
(ba) to exclude undertakings listed in the register referred to in Article 21 paragraph 8a from participating public procurement tender processes;
Amendment 1385 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 5 – point c a (new)
Article 18 – paragraph 5 – point c a (new)
(ca) to put in place dissuasive sanction for companies referred to in Article 2 in order to refraining them from entering into new or from extending existing business relationships with a third- country company that is listed in the public register referred to in Article 21 paragraph 8a.
Amendment 1465 #
2022/0051(COD)
Proposal for a directive
Article 21 – paragraph 8 a (new)
Article 21 – paragraph 8 a (new)
8a. The European Network of Supervisory Authorities shall keep and make publically available a register of third-country undertakings that do not comply with the requirements of this Directive. The competent supervisory authority shall list third-country undertakings that do not comply with the sanctions they may face in accordance with Article 20. Supervisory authorities shall make publically available the information necessary to identify European and third-country undertakings that failed to comply with the due diligence requirement referred to in Article 4.
Amendment 1468 #
2022/0051(COD)
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21a Revenues The revenues generated by the application of pecuniary sanctions referred to in Article 20(3) shall be accrued against the costs of the operation and maintenance of national supervisory authorities. Any revenue remaining after covering these costs shall constitute internal assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) No 2018/1046 of the European Parliament and of the Council. Those remaining revenues shall be assigned to cover the costs of the operation and maintenance of the European Network of Supervisory Authorities and to the Union budget.
Amendment 1496 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Amendment 1507 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 2
Article 22 – paragraph 2 – subparagraph 2
Amendment 1584 #
2022/0051(COD)
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The power to adopt delegated acts referred to in Article 11 shall be conferred on the Commission for an indeterminate period of 5 years from … [date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5-year period. The delegation of power shall be tacitly extended for periods of timean identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 1701 #
2022/0051(COD)
Proposal for a directive
Annex I – Part II – point 12 a (new)
Annex I – Part II – point 12 a (new)
12a. Violation of the greenhouse gas emissions reduction objectives of the Paris Agreement under the United Nations Framework on Climate Changes
Amendment 19 #
2021/2229(INL)
Recital F a (new)
F a. whereas compliance with the principle of degressive proportionality, as prescribed in Article 14(2) TEU, has been systematically thwarted by political negotiations in Parliament and the Council based on other criteria;
Amendment 20 #
2021/2229(INL)
Recital F b (new)
F b. whereas, in order to respect the letter of the treaties, a permanent calculation mechanism should be put in place in order to establish a composition that reflects the demographic developments in the Member States of the Union;
Amendment 22 #
2021/2229(INL)
Paragraph 2
Amendment 31 #
2021/2229(INL)
Paragraph 4 a (new)
4 a. Recalls that Article 4(3) TEU establishes a duty of sincere cooperation and a mutual legal obligation for the Union and the Member States to assist each other in carrying out tasks which flow from the Treaties; recalls in this regard that Council should start negotiations with Parliament not from the moment when it considers that a majority or unanimity can be achieved but within a reasonable timespan from the moment a file has been transferred to its secretary; considers that the postponement of a decision on the modification of the European electoral law is against the duty of loyal cooperation and has a negative impact on the next composition of the European Parliament;
Amendment 33 #
2021/2229(INL)
Paragraph 5
Amendment 39 #
2021/2229(INL)
Paragraph 5 a (new)
5 a. Proposes to establish a permanent mechanism for calculating the composition of Parliament and suggests, as it is done in the Council of the European Union, to give a mandate to Eurostat to produce updated statistics one month before the mid-term and a recommendation on the composition of Parliament based on these; commits to draw up its proposal to the Council on the basis of these technical recommendations;
Amendment 40 #
2021/2229(INL)
Paragraph 5 b (new)
5 b. Instructs the Committee on Constitutional Affairs to propose the details of such a procedure that would implement the requirements of the article 14(2) TEU and include a permanent calculation method used to establish degressive proportionality;
Amendment 48 #
2021/2229(INL)
Annex to the motion for a legislative resolution
Article 3 – paragraph 1
resolution 1. The number of representatives in the European Parliament elected in each Member State for the 2024-2029 parliamentary term is set as follows: Belgium 21 Bulgaria 17 Czech Republic 21 Denmark 154 Germany 96 Estonia 7 Ireland 143 Greece 21 Spain 6159 France 79 Croatia 12 Italy 76 Cyprus 6 Latvia 98 Lithuania 11 Luxembourg 6 Hungary 21 Malta 6 Netherlands 3129 Austria 2019 Poland 52 Portugal 21 Romania 33 Slovenia 98 Slovakia 154 Finland 154 Sweden 21
Amendment 9 #
2021/2162(INI)
Motion for a resolution
Recital A
Recital A
A. whereas, following the entry into force of the multiannual financial framework (MFF) for 2021-2027, the Commission published a roadmap and launched a public consultation with a view to aligning the Financial Regulation, where appropriate, with the rules agreed by the legislator as part of the MFF 2021-2027 package, and to proposing limited and targeted improvements required by the evolving situation, for instance following the COVID-19 crisis or in the context of the growing opportunities for digitalisation, as well as improvements regarding crisis management, administrative simplifications for EU funds recipients, and protection of EU financial interests in accordance with the general principles embedded in the Union Treaties, in particular the values laid down in Article 2 TEU, as well as in accordance with the principle of sound financial management enshrined in Article 317 TFEU and in the Rule of Law Conditionality Regulation;
Amendment 12 #
2021/2162(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the Commission acknowledged1a the need to reflect on amendments to the Financial Regulation that prevent selecting bidders that can be in a situation of conflict of interests and to improve implementation guidelines (Vademecum on public procurement) on the application of the notion of conflicting professional interests; _________________ 1a Case 853/2020/KR
Amendment 15 #
2021/2162(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas respect for the rule of law is an essential precondition for compliance with the principles of sound financial management;
Amendment 17 #
2021/2162(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that the revision should seek to modernise the rules applicable to the EU budget in line with its latest evolutions and in line with the budgetary principles, and to strengthen public procurement rules avoiding any potential conflict of interests, including professional conflict of interests, whether immediately apparent or not and to increase parliamentary oversight, democratic accountability and the ability to respond to citizens’ needs;
Amendment 18 #
2021/2162(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that the revision should seek to modernise the rules applicable to the EU budget in line with its latest evolutions and in line with the budgetary principles, and to increase respect of the EU values, protection of the financial interests of the EU, parliamentary oversight, democratic accountability and the ability to respond to citizens’ needs quickly, particularly in times of crises;
Amendment 22 #
2021/2162(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is of the opinion that, while a global overhaul of the rules applicable to the budget is not needed at this time, the Financial Regulation must be subject to targeted improvements; red tape reduction and simplifications, in particular where they increase transparency and democratic scrutiny; increase the accessibility to the EU funding for the citizens, SMEs, local and regional authorities;
Amendment 28 #
2021/2162(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is of the opinion that, while a global overhaul of the rules applicable to the budget is not needed at this time, the Financial Regulation must be subject to targeted improvements and simplifications, in particular where they increase rule of law, transparency and democratic scrutiny;
Amendment 31 #
2021/2162(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the number and scope of off-budget instruments have grown significantly in the past decade, and that NGEU has taken this practice to the next level, by greatly, if temporarily, increasing the magnitude of the EU budget in the form of external assigned revenue, and creating liabilities until 2058 through borrowing for lending and borrowing for direct EU expenditure; warns that these developments put at risk central budgetary principles such as unity and budgetary accuracy, equilibrium and universality; notes that NGEU, financed through the EU budget is the largest amount the EU has ever proposed to redress its economy after the impact of COVID-19 pandemic; expresses its confidence that in crises, innovative instruments like NGEU will be used in order to enable the European Union to act and support its Member States; invites the Commission to propose a more transparent system of governance for the off-budget instruments, that involves both arms of budgetary authority, the European Parliament and the Council; warns that the risks of fraud and misuse of these funds is significant; calls that the modifications of the Financial Regulation should reinforce the link between NGEU- funded recovery measures and the EU's objectives and values;
Amendment 32 #
2021/2162(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the number and scope of off-budget instruments have grown significantly in the past decade, and that NGEU has taken this practice to the next level, by greatly, if temporarily,Welcomes that NGEU has greatly increasinged the magnitude of the EU budget allowing the form of external assigned revenue, andUnion to face one of its greatest challenges of its existence; notes that it has creatinged liabilities until 2058 through borrowing for lending and borrowing for direct EU expenditure; warns that these developments put at risk central budgetary principles such as unity and budgetary accuracy, equilibrium and universality;
Amendment 42 #
2021/2162(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is concerned that these mechanisms pose a serious challenge toNotes that the number and scope of off-budget instruments have grown significantly in the past decade; Believes that off-budget instruments funded by external assigned revenues limit the ability of the Parliament to fulfil its decision-making, scrutiny and discharge functions; strongly believes that EU financial rules must be updated as regards the role of the budgetary authority in relation to these mechanisms, in order to bring them closer to the principles and responsibilities set out in the Treaties;
Amendment 47 #
2021/2162(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes with concern the increasing use of the Article 122 TFEU for setting new mechanisms and bodies with budgetary implications to the EU budget under which the Parliament’s role is limited to mere right to information and calls on ensuring an appropriate role of the Parliament in the budgetary scrutiny of such initiatives;
Amendment 57 #
2021/2162(INI)
8. Calls for the revision of reporting requirements on the Commission’s debt management strategy, including maturity and schedule of payments and including the role of new own resources in the repayment of the debt, to adapt them to the increased complexity and risk of borrowing and lending operations;
Amendment 68 #
2021/2162(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the clear link between respect for the rule of law and the efficient implementation of the Union budget in accordance with the article 2 TEU and the principles of sound financial management: economy, efficiency and effectiveness, as laid down in the Financial Regulation; recalls that, upon adoption of the Conditionality Regulation, Parliament, the Council and the Commission agreed to consider including the content of the Conditionality Regulation into the Financial Regulation upon its next revision and urges the Commission to make this proposal; calls on the Commission to examine possibilities to strengthen coherence between the two instrumenall EU instruments that allow the protection of the financial interests of the Union, the respect of the EU values and rule of law, including the recommendations from the rule of law reports;
Amendment 71 #
2021/2162(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Reiterates that ensuring the respect of all the values enshrined in article 2 of the TEU is a form of ensuring the protection of the EU budget and of the EU’s financial interests; highlights that Regulation 2021/1060 (CPR) equipped the Commission with strong ex-ante control mechanisms to ensure that managing authorities are in full compliance with the respect of EU values, in particular the non-discrimination principle; believes, however, that there is still a strong risk that final beneficiaries of EU funds use them in a way that is not compliant with EU values throughout their execution; calls therefore on the Commission to include in the Financial Regulation provisions setting out ex-post control mechanisms and procedures ensuring that every euro of the EU budget is used for projects or organisations that respect EU values, in addition to existing mechanisms; believes that a mandatory single, inter-operable and transparent database of direct and ultimate beneficiaries of EU funds would facilitate the detection of such breaches of EU values;
Amendment 72 #
2021/2162(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Underlines the limited capacity of the Union to sanction breaches of the rule of law by EU Member States; considers that the Union should further strengthen its tools for the protection of the rule of law; believes government entities breaching rule of law principles pose a serious threat to public funds (national and European) as those authorities cannot be fully trusted for their management; calls therefore on the Commission to include in its proposal for a revision of the Financial Regulation new provisions allowing the Commission to suspend or reduce EU funds for EU Member States that do no respect the rule of law, including when no EU funds are directly put at risk, when it implements the Union budget under shared, direct or indirect management;
Amendment 75 #
2021/2162(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Highlights that the role of the European Public Prosecutor’s Office (EPPO) is to investigate and prosecute fraud against the budget of the European Union and other crimes against the EU's financial interests; underlines the importance of cooperation between the EU institutions, the Member States, and the European Anti-Fraud Office (OLAF) with the EPPO; calls on the remaining Member States to ensure that their European and Delegated Prosecutors are appointed in a timely and impartial manner; recalls the need to provide the EPPO with adequate resources in order to ensure its proper functioning;
Amendment 77 #
2021/2162(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that it is important to know who benefits from EU funds in order to protect the financial interests of the EU and to detect fraud, corruption and conflicts of interest in particular; notes that data for identifying economic operators and their beneficial owners is not easily, or not at all, accessible12 ; considers that the centralisation of the information in a single, interoperable EU database with information on direct and ultimate beneficiaries would overcome the identified fragmentation and lack of transparency; notes that digitalisation of the management of EU funds coupled with a comprehensive definition of conflict of interest at the European level will increase the efficiency for the protection of the financial interests of the EU; _________________ 12Study on the largest 50 beneficiaries in each EU Member State of CAP and Cohesion Funds, requested by the CONT Committee, PE 679.107 - May 2021.
Amendment 82 #
2021/2162(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls on the Member States and the Commission to ensure greater interoperability of IT systems, of existing European and national databases and data-mining tools for the purposes of risk analysis and detection of fraud;
Amendment 83 #
Amendment 84 #
2021/2162(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Regrets that the Commission did not plan to conduct an impact assessment for the modification of the Financial Regulation, despite that while the proposal will only target specific modifications, there is no clear evidence that the final text of this revision or future modifications cannot have any direct economic, environmental and social impacts; recalls that according to the European Court of Auditors, an impact assessment could have provided clear information on the accessibility of EU funds for EU citizens, which the revision of the Financial Regulation needs to improve;
Amendment 113 #
Amendment 114 #
2021/2162(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Emphasises that the rules of implementation of the budget must reflect a clear methodology for climate mainstreaming that allow for effective and efficient tracking of funds used in tackling climate change for both climate mitigation and adaptation strands; requests the Commission to introduce the necessary provisions in the Financial regulation; the modifications should also be consistent with the modifications made so far to help the tracking of climate spending in the EU budget;
Amendment 115 #
Amendment 116 #
2021/2162(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Underlines the importance of accurate monitoring of expenditure contributing to halting and reversing the decline of biodiversity, on the basis of an effective, transparent and comprehensive methodology to be set out by the Commission, in cooperation with the European Parliament and the Council; calls on the Commission to speed up its work in this regard and introduce provisions related to the biodiversity spending tracking in the Financial regulation;
Amendment 122 #
2021/2162(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. SuggeInsists that the Financial Regulation be revised to guarantee the appropriate role of Parliament in the setting up, supervision and scrutiny of any new trust fund, including in the drawing up of the constitutive agreement and the mobilisation of the Union’s contribution, the implementation, continuation and possible liquidation; reiterates that Parliament should be involved as observer, and able to monitor the activities of the governing bodies of a trust fund; stresses that timely, regular and figure- based information on the implementation of a trust fund is essential to allow Parliament to exercise its democratic oversight and scrutiny role;
Amendment 126 #
2021/2162(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Calls on the Commission to ensure that Union trust funds bring clear visibility for the Union and to raise awareness of their results and achievements by reinforcing provisions on efficiency incommunication to citizens and stronger synergies between the communication activities, in a similar vein as on the ESI funds;
Amendment 128 #
2021/2162(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that the Commission’s Vademecum on public procurement was last updated in January 2020; notes that the current definition of ‘professional conflict of interest’ is limited to a conflicting interest that affects the capacity of an economic operator to perform a contract; calls on the Commission to provide for a more explicit definition and to ensure that its implementation rules on public procurement do not permit the awarding of policy-related service contracts to undertakings that are under the economic control of a parent company or a group that owns shares related to activities that are not in line with the EU’s environmental, social and Green Deal objectives; believes that such a revised definition should take into account the risk of conflict of interests of a performer that is developing sectoral guidelines it will have to comply with, with particular scrutiny when it comes to policy-related projects and studies;
Amendment 130 #
2021/2162(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that the Commission’s Vademecum on public procurement was last updated in January 2020; notes that the current definition of ‘professional conflict of interest’ is limited to a conflicting inter but has not been made public nor shared with the European Parliament for opinion; requests that affects the capacity of an economic operatorthe Parliament should be able to perform a contract; calls on the Commission to provide for a more explicit definition and to ensure that its implementation rules on public procurement do not permit the awarding of policy-related service contracts to undertakings that are under the economic control of a parent company or a group that owns shares related to activities that are not in line with the EU’s environmental, social and Green Deal objectiveulate an opinion on future revision of the Commission’s Vademecum on public procurement; calls on the Commission to share regular updates with the Parliament’s relevant committees on the revision of its Vademecum before it is finalised either through the discharge procedure of the European Commission or during dedicated hearings;
Amendment 133 #
2021/2162(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Asks the Commission to amend Article 167 – c) of the Financial Regulation to include professional conflict of interests, that is based on a revised definition, to the list of criteria for awarding policy-related service contracts;
Amendment 134 #
2021/2162(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Stresses that the General Conditions of the Commission’s public procurement contracts for services contain standard provisions on professional conflicting interests with requirements from contractors to proactively notify situations that could constitute a conflict of interests; asks the Commission to perform additional checks and thorough verifications before the signature of the contract, in order to avoid relying on voluntary notifications only from the applicants and to better assess possible professional conflict of interests; calls on the Commission to develop adequate sanctions, such as a temporary ban from public tender procedures, for economic operators that would be found in a situation of professional conflict of interests;
Amendment 4 #
2021/2108(DEC)
Draft opinion
Recital C a (new)
Recital C a (new)
C a. Whereas the European Council and the Council, as Union institutions, should be democratically accountable towards the citizens of the Union, in so far as they are beneficiaries of the general budget of the Union;
Amendment 10 #
2021/2108(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Regrets the Council’s continuing refusal to engage in loyal cooperation in the framework of the discharge procedure for more than a decade, which prevents Parliament making an informed decision, and its lack of respect for Parliament’s role as guarantor of the democratic accountability of the Union budget;
Amendment 11 #
2021/2108(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls the role of Parliament and of other institutions in the discharge procedure, as provided for by TFEU, in particular Article 319 thereof, and by the Financial Regulation, in particular Articles 260 to 263 thereof; underlines that Parliament's role is reinforced by a well-established and respected practice;
Amendment 15 #
2021/2108(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Reiterates that the budget of the European Council and of the Council should be divided into two separate budgets to increase transparency, and to improve expenditure efficiency and accountability;
Amendment 3 #
2021/2071(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— having regards to its resolution of 10 June 2021 on the rule of law situation in the European Union and the application of the Conditionality Regulation (EU, Euratom) 2020/20921a _________________ 1a Texts adopted, P9_TA(2021)0287.
Amendment 11 #
2021/2071(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Commission decided to abide by the non-binding European Council conclusions of December 2020 and declared that it would develop guidelines for the application of the Regulation;
Amendment 13 #
2021/2071(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas, in its resolution of 25 March 2021 on the application of Regulation (EU, Euratom) 2020/2092, the rule-of-law conditionality mechanism, Parliament requested the Commission to adopt the guidelines no later than 1 June 2021 and after having consulted Parliament;
Amendment 20 #
2021/2071(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note ofRegrets the Commission’s intention to develop guidelines for the application of the Regulation; reiterates once again its view that the text of the Regulation is clear and does not require any additional interpretation in order to be applied;
Amendment 26 #
2021/2071(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that guidelines are not legally binding; notdeplores that the Commission is deviating from its usual practice of drafting guidelines for the application of a legal act only in cases where the actual implementation of the act over a certain period of time shows the need for guidance;
Amendment 29 #
2021/2071(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Strongly regrets the Commission’s failure to respond to Parliament’s request and to adopt its guidelines by 1 June 2021; reiterates its call on the Commission to draft the guidelines as soon as possible in close cooperation with Parliament ; reminds the Commission that Parliament already started the necessary preparations for potential court proceedings under Article 265 of the TFEU against the Commission;
Amendment 35 #
2021/2071(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. UDeplores the time wasted by the Commission since the entry into force of the Regulation; urges the Commission to avoidct without any further delay in the application of the Regulation and to investigate swiftly and thoroughly any potential breaches of the principles of the rule of law in the Member States that affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way; reiterates that the situation in some Member States already warrants immediate investigation under the Regulation;
Amendment 41 #
2021/2071(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. AskRequests the Commission to report to Parliament on a quarterly or semi-annual basis regarding new and ongoing cases under investigation, starting as soon as possible with the first cases;
Amendment 46 #
2021/2071(INI)
6 a. Calls on the Commission to clarify in the guidelines that breaches of the rule of law in a Member state which result from decisions or events that took place prior to 1 January 2021 still fall within the scope of the regulation as long as their effect is still ongoing;
Amendment 51 #
2021/2071(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Draws particular attention to the list of indicative breaches of the principles of the rule of law laid down in Article 3 of the Regulation; calls onurges the Commission to investigate potential occurrences of the breaches included in that list in the Member States, while pointing out that other practices or omissions by public authorities may also be relevant;
Amendment 64 #
2021/2071(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Considers that the Commission’s annual Rule of Law report constitutes an objective, impartial, fair, and qualitative assessment of breaches of the principles of rule of law; believes that where the conclusions of the annual reports highlight individual or systemic breaches of the rule of law which affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way, they should be directly linked to the triggering of the conditionality mechanism; calls on the Commission to clarify, in the guidelines, a methodology to create a clear and direct link, when relevant, between the annual reports and the conditionality mechanism;
Amendment 67 #
2021/2071(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Highlights that civil society, including independent NGOs and citizens, is at the forefront to identify potential breaches of the rule of law at local and national level, and should therefore be involved in their reporting; calls on the Commission to establish, in the guidelines, an efficient, user-friendly, and easily accessible online one-stop shop for citizens and civil society to report both fraud and corruption cases related to EU Funds, as well as individual or systemic breaches in their Member State, guaranteeing anonymity and leading, where deemed relevant by its services, to further investigations by the OLAF, the EPPO or the Commission;
Amendment 75 #
2021/2071(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Recalls that the Regulation provides a clear definition of the rule of law, which must be understood in relation to the other values of the Union, including fundamental rights and non- discrimination; is of the opinion that state-sponsored discrimination against minorities has a direct impact on the projects on which Member States decide or not to spend EU money, and therefore directly affects the protection of the financial interests of the Union; calls on the Commission to take this into account when drafting the guidelines;
Amendment 80 #
2021/2071(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that measures under the Regulation are necessary in particular in cases where other procedures set out in Article 7 TEU, in the Common Provision Regulation (CPR), in the Financial regulation or in other sector-specific or financial legislation would not allow the Union budget to be protected more effectively; stresses that this does not mean that the Regulation is to be considered as a ‘last resort’, but rather that the Commission can use a wide range of procedures to protect the Union’s financial interests, to be chosen on a case- by-case basis depending on their efficiency and effectiveness;
Amendment 91 #
2021/2071(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that ‘systemic’ breaches, for instance those affecting the functioning of the justice system, the independence of judges or the neutrality of public authorities, have in general a clear inand direct impact on the proper management, spending and control of Union funds;
Amendment 97 #
Amendment 98 #
2021/2071(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Believes that transparency is essential to foster the confidence of Member States and citizens in the conditionality mechanism: points out that each step of the procedure of the Regulation should therefore be taken in a fully transparent way;
Amendment 99 #
2021/2071(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Calls on the Commission to set up, in the guidelines, the transparency rules and principles that it will apply when triggering the Conditionality Mechanism;
Amendment 100 #
2021/2071(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Believes that transparency implies, in particular: - disclosing the sources used by the Commission to trigger the Mechanism, - disclosing the content of the written notifications sent to the Members States, - disclosing the answers received from the Member States and the remedies proposed, - disclosing the Commission’s assessment leading to the potential lifting of adopted measures under the Mechanism, - keeping the European Parliament informed and involved at every step of the process to ensure the democratic scrutiny of the Mechanism and of EU funds;
Amendment 2 #
2021/2054(INL)
Motion for a resolution
Recital B
Recital B
B. whereas with regard to budget implementation, the application of that principle implies that European citizens should know where, and for what purpose, funds are spent by the Union;
Amendment 5 #
2021/2054(INL)
Motion for a resolution
Recital C
Recital C
C. whereas public knowledge about the spending of Union funds is essential for the acceptance of this spending and is also crucial in order to ensure accountability, credibility and ensure better control of spending including avoidance of misuse, fraud, corruption and of conflicts of interests;
Amendment 6 #
2021/2054(INL)
Motion for a resolution
Recital F
Recital F
F. whereas there are currently major differences in how these systems are designed, how they work and how to retrieve and share information from them;
Amendment 8 #
2021/2054(INL)
Motion for a resolution
Recital G
Recital G
G. whereas there are many systems that do not include unique identification numbers for naturphysical persons and companies;
Amendment 10 #
2021/2054(INL)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas digitalisation of the European reporting, monitoring and audit is the most useful instrument to avoid disinformation if information is publicly available;
Amendment 11 #
2021/2054(INL)
Motion for a resolution
Recital J
Recital J
J. whereas Parliament in 2020 initiated a study with a view to identify the 50 largest beneficiaries of CAP and structural funds in each Member State based on publicly available information, which has provided interesting findings but also has illustrated how difficult it is still to identify clearly many final beneficiaries;
Amendment 15 #
2021/2054(INL)
Motion for a resolution
Recital L
Recital L
L. whereas some companies and naturphysical persons operate in more than one Member State;
Amendment 17 #
2021/2054(INL)
Motion for a resolution
Recital N
Recital N
N. whereas all these factors illustrate that there is an urgent need to create a single standardised Union-wide interoperable digital system for Member States‘ implementing authorities to report about the beneficiaries of CAP and, structural and cohesion funds and all the other funds in order to enable national control and audit authorities, Union institutions and the public to obtain reliable information about the identity of final beneficiaries, how much they receive and from which funds;
Amendment 20 #
2021/2054(INL)
Motion for a resolution
Recital O
Recital O
O. whereas such a system should ensure data format harmonisation, be machine readable, contain unique identification numbers, include search and sort functions and be interoperable so that data can be aggregated not only in respect of one policy or fund but across all policies, funds and Member States and should concern direct, indirect and also shared management;
Amendment 23 #
2021/2054(INL)
Motion for a resolution
Recital P a (new)
Recital P a (new)
P a. whereas such a system must be developed in conjunction with the highest level of cyber security in order to avoid any attempt of cyber attacks on this system used in all Member States;
Amendment 31 #
2021/2054(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that ensuring trust in the financial management of the Union funds is essential for overall trust in the Union institutions and thereby the credibility in the project of further European integration;
Amendment 37 #
2021/2054(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Considers furthermore that transparency ensured with a digitalisation program creating an integrated, interoperable and harmonised system could be the best instrument to fight against disinformation across all Members states;
Amendment 69 #
2021/2054(INL)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Insists that such a system should be developed with a high level of cybersecurity to avoid security breaches or cyberattack possible in each Member State;
Amendment 19 #
2021/2048(REG)
Proposal for a decision
Paragraph 2 – point a
Paragraph 2 – point a
Amendment 21 #
2021/2048(REG)
Parliament's Rules of Procedure
Rule 213 – paragraph 1
Rule 213 – paragraph 1
1. At the first committee meeting after the appointment of committee members pursuant to Rule 209, and again two and a half years thereafter, the committee shall elect a bureau consisting of a Chair and of Vice-Chairs from among its full members in separate ballots. The number of Vice- Chairs to be elected shall be determined by Parliament upon a proposal by the Conference of Presidents. The diversity of Parliament must be reflected in the composition of the bureau of each committee; it shall not be permissible to have an . The Chair and the first Vice- Chair of a committee shall be of different genders. Gender balance shall male or all femalso apply to the other members of the bBureau or for all of the Vice-Chai.. It shall not be permissible for all bureau members to come from the same Member State.
Amendment 1 #
2021/2046(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a Calls on the Commission to further support the development of trustworthy AI systems in order to render transport safer, more efficient, accessible, affordable and inclusive;
Amendment 2 #
2021/2046(INI)
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b Calls on the Commission to work closely with Member States on the design, implementation and enforcement of trustworthy AI standards in the Union; notes that the Union has the potential to become a global leader in promoting a socially responsible and sustainable approach to AI technology and its use;
Amendment 3 #
2021/2046(INI)
Draft opinion
Paragraph -1 c (new)
Paragraph -1 c (new)
-1c Highlights that the European approach to AI technology should secure people’s trust, serve the public interest, and strengthen shared social responsibility; considers the development of trustworthy, ethically responsible and technically robust AI to be an important enabler for sustainable and smart mobility that is safe and accessible; in this regard, calls on the Commission to continue to promote the uptake of AI in the transport sector and to ensure that Union fundamental rights are respected, notably taking into account a human-centred approach to AI technologies;
Amendment 4 #
2021/2046(INI)
Draft opinion
Paragraph -1 d (new)
Paragraph -1 d (new)
-1d Recommends the development of Union-wide trustworthy AI standards for all modes of transport, notably with regard to interoperability and sharing of data acquired through smart applications, while respecting data protection rules
Amendment 5 #
2021/2046(INI)
Draft opinion
Paragraph -1 e (new)
Paragraph -1 e (new)
-1e Calls on the Commission to develop civil liability rules for the use of AI technologies, which would create trust in the use of AI systems, also in the mobility sector, whereby the establishment of guidelines for a harmonised risk classification scheme of AI-enabled technologies in all modes of transport, notably intelligent transport systems, should be a key priority;
Amendment 8 #
2021/2046(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls the role and incentive potential of intellectual property rights for smart mobility, which is a fast-growing and innovative sector with – among others – a major social impact;
Amendment 15 #
2021/2046(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that in a sector, such as the mobility sector, exclusivity over data rights can produce a barrier to market entry, increased transaction costs, and a barrier to innovation that is harmful to operators, SMEs, and the publice rights on data, can hamper new market entries, and become a barrier to innovation, notably harmful for SMEs and start-ups; calls in this respect on the Commission to establish rules on the interoperability and portability of data for operators and users and to address the risk of monopolies in this sector;
Amendment 24 #
2021/2046(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Supports the use of artificial intelligence for the transport of the future, with features such as predictive maintenance, while continuing to pay attention to the centrality of the human factortresses that the EU sustainable and smart mobility would benefit from a new regulatory framework, which addresses emerging technologies and their use in the transport sector, such as AI technologies; recalls in this regard the need for a clear ethical framework for achieving trustworthy AI, including safety, security, the respect of human autonomy, oversight and liability aspects, which will increase benefits that are shared by all and will be key to boosting investment in research and innovation, development of skills and the uptake of AI by public services;
Amendment 30 #
2021/2046(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b Reiterates the need for a balance between, on the one hand, the green mobility and, on the other hand, the goal of leaving no one behind; in this regard, emphasizes the need for mobility to be available at affordable prices for all, to be better connected for rural and remote areas and to offer proper social conditions according to The European Pillar of Social Rights;
Amendment 31 #
2021/2046(INI)
Draft opinion
Paragraph 3c (new)
Paragraph 3c (new)
3c Recalls the potential of blockchain technology in the transport sector in order to trace corporate environmental and social sustainability commitments, including for the import of raw and processed materials; calls on the Commission to make full use of blockchain technologies to monitor value chains, while equally monitoring and avoiding indirect adverse effects, such as exponential growth of energy consumption;
Amendment 45 #
2021/2046(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 51 #
2021/2046(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 16 #
2021/2025(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the Commission’s report is a partial response to the Council’s failure to trigger the procedure under Article 7(1) of the Treaty on European Union (TEU), as requested by the Commission in 2017 and Parliament in 2018Parliament´s report on EU mechanism on democracy, the rule of law and fundamental rights (2015/2254(INL)1a ; regrets that the Council has failed to resume hearings under Article 7 of the TEU since December 2019; notes that the failure to apply Article 7 of the TEU, also due to the requirement of unanimity for the sanctions mechanism, enables continued divergence from the values enshrined in Article 2 of the TEU; and weakens one of the most important instruments of the Union´s rule of law toolbox; _________________ 1aEuropean Parliament resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (2015/2254(INL))
Amendment 23 #
2021/2025(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. RegretUnderlines that the report is a first step to reply to Parliament´s requests but fails to fully address all Union values set out in Article 2 of the TEU, such as democracy and fundamental rights; reiterates the need to have a single monitoring system for democracy, the rule of law and fundamental rights, as proposed by Parliament1 ; calls on the Council and the Commission to engage in discussions to set up such a mechanism via an interinstitutional agreement; _________________ 1European Parliament resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights (texts adopted, P9_TA(2020)0251).
Amendment 30 #
2021/2025(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the methodology of the report, which focuses on four pillars: independence of the judiciary, the anti- corruption framework, media pluralism, and checks and balances; invites the Commission to include in the next editions an assessment of how the right to a fair trial is guaranteed in Member States, with particular attention paid to the right of defence, the fight against impunity and equality between prosecution and defence parties; believes that the report should go beyond monitoring and include preventive and corrective elements with a clear outline of enforcement measuresinvites the Commission to include in future reports data related to the level of compliance of Member States with CJEU rulings and to signal the cases of resistance to apply them;
Amendment 33 #
2021/2025(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 37 #
2021/2025(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Believes that the report should go beyond monitoring and include clear recommendations regarding preventive and corrective actions that must be adopted by concerned Member;
Amendment 40 #
2021/2025(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Calls on the Commission to further invest in tools for the collection and analysis of data, ensure the diversity of relevant information sources and ensure transparency about methodology and criteria when including or excluding facts, so as to further substantiate the findings in future reports;
Amendment 47 #
2021/2025(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to use all tools at its disposal to counter violations of EU values, such as infringement procedures, including expedited procedures, actions to ensure compliance with the judgments of the Court of Justice and applications for interim measures before the Court; welcomes the new rule of law conditionality mechanism and asks that it be fully enforced, without delay, with regard to all EU funds, including Next Generation EU;
Amendment 50 #
2021/2025(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to develop proposals to further strengthening of the Rule of Law toolbox if, despite the current instruments and efforts, significant violations of the values enshrined in Article 2 of the TEU persist; proposes to expand the scope of the non- discrimination clause in the European Charter of Fundamental Rights, and to render it universal, to enable the enforcement of the Rule of Law in Member States and the Union consistent with article 14 of the European Human Rights Convention; calls, in the meantime, on all EU institutions to give the non-discrimination clause the broadest possible legal interpretation;
Amendment 115 #
2021/2018(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Is of the opinion that the introduction of a general obligation to report publicly on any donation received regardless of its value would make any external influences on European political parties more transparentstrengthened scrutiny by the Authority of reported aggregate donations under 500 Euros would make any external influences on European political parties more transparent; the Authority should focus such scrutiny to cases where it observes significant and sudden increases in the aggregate number of small donations;
Amendment 121 #
2021/2018(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Is, moreover, of the opinion that in order to strengthen the transparency of funding, donations by the same donor to a European political party, its national member parties and their regional substructures should be considered to be a single donation and subject to publication by the European political parAuthority;
Amendment 130 #
2021/2018(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 103 #
2021/0422(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The acceleration of climate change, biodiversity loss and environmental degradation, paired with tangible examples of their devastating effects, have led to the recognition of the green transition as the defining objective of our time and a matter of intergenerational equity. Therefore, when Union legislation covered by this Directive evolves, this Directive should also cover any updated or amended Union legislation falling within the scope of criminal offences defined under this Directive, when the obligations under Union law remain unchanged in substance. However, when new legal instruments prohibit new conduct harmful to the environment, this Directive should be amended in order to add to the categories of criminal offences also the new serious breaches of Union environmental law. Such amendments should be limited to the incorporation of new criminal offences as per Article 3 of this Directive and, when relevant, related provisions.
Amendment 113 #
2021/0422(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Sanctions for the offences should be effective, dissuasive and proportionate. To this end, minimum levels for the maximum term of imprisonment should be set for natural persons. Accessory sanctions are often seen as being more effective than financial sanctions especially for legal persons. Additional sanctions or measures should be therefore available in criminal proceedings. These should include the obligation to reinstate the environment, exclusion from access to public funding, including tender procedures, grants and concessions and withdrawal of permits and authorisations. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases. For instance, in such cases where an offender is not in the capacity to reinstate the environment, additional sanctions may take the form of a financial penalty equating to the full economical and societal cost of the damage caused.
Amendment 121 #
2021/0422(COD)
Proposal for a directive
Recital 16
Recital 16
(16) A further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. Where the death of, or serious injury to, a person, have been caused and where these elements are not already constituent for the criminal offence, these could be considered as aggravating circumstances. Equally, when an environmental criminal offence causes substantial and irreversible or long- lasting damage to an entire ecosystem, this should be an aggravating circumstance because of its severity, including in cases comparable to ecocide. As the illegal profits or expenditure that can be generated or avoided through environmental crime are an important incentive for criminals, these should be taken into account when determining the appropriate level of sanctioning in the individual case. Sanctions should therefore always be high enough to ensure that prosecuted offenders cannot profit from their crimes, and cover, at least, the real environmental cost of the damage, based on the ecological, social and monetary value of the supplied ecosystem service lost or temporarily lost. All the proceeds derived from criminal and non-criminal fines should be used by Member States to combat environmental crime and protect the environment, through the means prescribed in this Directive.
Amendment 127 #
2021/0422(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Where the crimes are of a continuing nature, they should be brought to an end as soon as possible. Where offenders have made financial gains, such gains should be confiscated. and reused, where feasible, for environmental crime prevention, detection and prosecution, and environmental conservation and restoration.
Amendment 134 #
2021/0422(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Furthermore, judicial and administrative authorities in the Member States should have at their disposal a range of criminal sanctions and other measures to address different types of criminal behaviour in a tailored and effective manner. The Commission should develop sentencing guidelines in order to contribute to the harmonization of those sanctions and measures across Member States.
Amendment 142 #
2021/0422(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law, peopleindividuals and civil society organisations perform a service of public interest and play a key role in exposing and preventing such breaches, and thus safeguarding the welfare of society. Individuals in contact with an organisation in the context of their work-related activities are often the first to know about threats or harm to the public interest and the environment. Persons who report irregularities are known as whistleblowers. Potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation. Such persons should benefit from balanced and effective whistleblowers protection set out under Directive (EU) 2019/1937of the European Parliament and of the Council25 . _________________ 25 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305/17).
Amendment 147 #
2021/0422(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Other natural or legal persons may also possess valuable information concerning potential environmental criminal offences. They may binclude members of the community affected, civil society organisations, or members of society at large taking an active part in protecting the environment. Such persons who report environmental crimes as well as persons who cooperate with the enforcement of such offences should be provided the necessary protection, support and assistance in the context of criminal proceedings, so that they are not disadvantaged for their cooperation but supported and assisted. These persons should also be protected from being harassed or unduly prosecuted for reporting such offences or their cooperation in the criminal proceedings.
Amendment 151 #
2021/0422(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The Union continues to be concerned with the rise in environmental criminal offences and their effects, which undermine the effectiveness of Union environmental legislation. These offences are moreover increasingly extending beyond the borders of the Member States in which the offences are committed. Such offences pose a threat to the environment, climate, human health as well as human and fundamental rights and therefore call for an appropriate and effective response.
Amendment 158 #
2021/0422(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The effective detection, investigation, prosecution and adjudication of environmental criminal offences should be improved. The list of environmental criminal offences which were set out in Directive 2008/99/EC should be revised and additional categories of offences based on the most serious breaches of Union environmental law should be added. Provisions on sanctions should be strengthened in order to enhance their deterrent effect as well as the enforcement chain in charge of detecting, investigating, prosecuting and adjudicating environmental criminal offences.
Amendment 160 #
2021/0422(COD)
Proposal for a directive
Recital 30
Recital 30
(30) To ensure an effective, integrated and coherent enforcement system that includes administrative, civil and criminal law measures, Member States should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. Member States should assist each other thoroughly and without delay, in accordance with their national laws and the existing Union legal framework. Following the applicable rules, Member States should also cooperate through EU agencies, in particular Eurojust and Europol, as well as with EU bodies, including the European Public Prosecutor’s Office (EPPO) and the European Anti-Fraud Office (OLAF), in their respective areas of competence.
Amendment 163 #
2021/0422(COD)
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) In some cases, however, these existing judicial cooperation schemes have proved to be inefficient at combating environmental crimes of cross-border nature in a timely manner. With its own powers and authority to conduct cross- border investigations and prosecutions, the European Prosecutor’s Office (EPPO) is uniquely equipped to combat serious environmental crimes affecting two or more Member States. The EPPO’s competences being currently limited to financial crimes, the Commission should draw up a report on the possibility and modalities of the extension of competences of the EPPO to include serious cross-border environmental crimes, and present it to the Council and the European Parliament.
Amendment 166 #
2021/0422(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The environment should be protected in a wide sense, as set out under Article 3 (3) TEU and Article 191 TFEU, covering all natural resources - air, water, soil, wild fauna and flora including habitats, ecosystems and species populations - as well as services provided by natural resources. Similarly, environmental damage should also be understood in a wide sense, as comprising not only the market value of the damaged natural resources, but also the ecological and societal values of the services provided by those natural resources.
Amendment 167 #
2021/0422(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) Eurojust and Europol should be recognised as focal points to support Member States in the development of their national strategies, promoting coordination and exchanges of best practices across the relevant national authorities. Eurojust and Europol should also be used, whenever possible, to encourage and strengthen international cooperation with third countries.
Amendment 168 #
2021/0422(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The acceleration of climate change, biodiversity loss and environmental degradation, paired with tangible examples of their devastating effects, have led to the recognition of the green transition as the defining objective of our time and a matter of intergenerational equity. Therefore, when Union legislation covered by this Directive evolves, this Directive should also automatically cover any updated or amended Union legislation falling within the scope of criminal offences defined under this Directive, when the obligations under Union law remain unchanged in substance. However, when new legal instruments prohibit new conduct harmful to the environment, this Directive should be amended in order to add to the categories of criminal offences also the new serious breaches of Union environmental law. In such cases, the amendment of the Directive should be limited to the incorporation of new criminal offences and only concern Article 3 and related provisions of the Directive in order to reflect such new incorporation.
Amendment 170 #
2021/0422(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Qualitative and quantitative thresholds used to define environmental criminal offences should be clarified by providing a non-exhaustive list of circumstances which should be taken into account when assessing such thresholds by authorities which investigate, prosecute and adjudicate offences. This should promote the coherent application of the Directive and a more effective fight against environmental crimes as well as provide for legal certainty. However, such thresholds or their application should not make the investigation, prosecution or adjudication of criminal offences excessively difficult. In order to ensure a consistent and coherent approach among Member States, the Commission should issue guidelines to facilitate, to the extent possible, a harmonised understanding of the qualitative and quantitative thresholds across Member States. The guidelines should be science-based, produced in cooperation with relevant experts and other relevant stakeholders and may include a summary of existing relevant case law, real-life examples or common benchmarks.
Amendment 170 #
2021/0422(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in order to protect the environment more effectively and to ensure its legal representation in criminal proceedings.
Amendment 176 #
2021/0422(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Sanctions for the offences should be effective, dissuasive and proportionate. To this end, minimum levels for the maximum term of imprisonment should be set for natural persons. Accessorydditional sanctions are often seen as being more effective than financial sanctifor natural persons - especially for legal persons. Additional sanctions or measures should be therefore available in criminal proceedings. These should include the obligation to reinstate the environment, exclusion from access to public funding, including tender procedures, grants and concessions and withdrawal of permits and authorisations. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual casesin the form of an obligation to reinstate the environment or finance its reinstatement within a reasonable timeframe, where such restoration is possible, or other forms of sanctions with financial consequences, such as fines - can have complementary, and sometimes even more important deterrent effect and therefore the use of such additional sanctions should be encouraged whenever possible.
Amendment 178 #
2021/0422(COD)
Proposal for a directive
Recital 14 b (new)
Recital 14 b (new)
(14 b) In order to ensure the deterrent as well as educational effect of sanctions, it is important to first ensure the identification, tracing, seizing, freezing and definitive confiscation of all the proceeds from and instrumentalities used or intended to be used in the commission or contribution to the commission of environmental offences. Member States should ensure that such proceeds or instrumentalities can be identified, traced, frozen, seized and confiscated even when their ownership has been changed on purpose. Sanctions with financial consequences for the offender, both natural and legal persons, should apply to the offender´s own resources and not to the confiscated assets deriving from the offence. Where live animals are subject to seizing, Member States should ensure that their competent authorities are able to adopt interim measures regarding their placement pending the investigation, prosecution or adjudication of the offence with the aim of ensuring adequate care for them.
Amendment 185 #
2021/0422(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Member States should lay down rules concerning limitation periods necessary in order to enable them to counter environmental criminal offences effectively, without prejudice to national rules that do not set limitation periods for investigation, prosecution and enforcement. Given that some types of environmental crimes are detected long after they were comitted, the limitation periods should commence from the time of the detection of the offence.
Amendment 195 #
2021/0422(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law, people and organisations, such as civil society organisations perform a service of public interest and play a key role in exposing and preventing such breaches, and thus safeguarding the environment and welfare of society. Individuals in contact with an organisation in the context of their work-related activities are often the first to know about threats or harm to the public interest and the environment. Persons who report irregularities are known as whistleblowers. Potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation. Such persons, both natural and legal, should benefit from balanced and effective whistleblowers protection set out under Directive (EU) 2019/1937 of the European Parliament and of the Council25 . Environmental defenders are also on the frontline of the consequences of environmental crime and are very often subject to threaths, intimidation, violence or even murder. Therefore they should also benefit from adequate and effective protection. Whistleblowers as well as environmental defenders should also receive adequate protection from strategic lawsuits against public participation aiming to silence them. _________________ 25 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305/17).
Amendment 204 #
2021/0422(COD)
Proposal for a directive
Recital 29
Recital 29
(29) To ensure successful enforcement, Member States should make available effective investigative tools for environmental offences such as those which exist in their national law for combating organised crime, financial crime, cybercrime, corruption or other serious crimes. These tools should include among others the interception of communications, covert surveillance including electronic surveillance, controlled deliveries, the monitoring of bank accounts and other financial investigation tools as well as the use of an agent. These tools should be applied in line with the principle of proportionality and in full respect of the Charter of Fundamental Rights of the European Union. In accordance with national law, the nature and gravity of the offences under investigation should justify the use of these investigative tools. The right to the protection of personal data must be respected.
Amendment 205 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) the discharge, emission or introduction of a quantity of materials, energy or substances or ionising radiation into air, soil or water which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 206 #
2021/0422(COD)
Proposal for a directive
Recital 30
Recital 30
(30) To ensure an effective, integrated and coherent enforcement system that includes administrative, civil and criminal law measures, Member States should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. Member States should also ensure assistance, coordination and coperation at strategic and operational level between each other as well as with third countries. Following the applicable rules, Member States should also cooperate through EU agencies, in particular Eurojust and Europol, as well as with EU bodies, including the European Public Prosecutor’s Office (EPPO) and the European Anti-Fraud Office (OLAF), in their respective areas of competence. The EPPO, with its own powers and authority to coordinate investigations and prosecutions in cross-border cases, is currently best placed to combat the most serious environmental crimes, therefore an extention of its mandate is imminently necessary and the Commission should present a report to this end, assessing the possibilities and modalities. The extension of the EPPO´s mandate would ensure that those environmental crimes for which reinforcement of the criminal law response is unlikely to be achieved through traditional channels of judicial cooperation, are adequately addressed.
Amendment 209 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the placing on the market, including online market, of a product which, in breach of a prohibition or another requirement, causes or is likely to cause death or serious injury to any person or substantial damage to air, water or soil quality, or to animals or plants as a result of the product's use on a larger scale;
Amendment 214 #
2021/0422(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive establishes minimum rules concerning combatting environmental crime and on the definition of criminal offences and sanctions as well as on facilitating the work of and cooperation between law enforcement authorities in order to protect the environment more effectively.
Amendment 215 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c – introductory part
Article 3 – paragraph 1 – point c – introductory part
(c) the manufacture, placing on the market, including online market, or use of substances, whether on their own, in mixtures or in articles, including their incorporation into articles, when:
Amendment 226 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Article 3 – paragraph 1 – point e – introductory part
(e) the collection, transport, treatment, recovery or disposal of waste, the supervision of such operations and the after-care of disposal sites, including action taken as a dealer or a broker (waste management), when an unlawful conduct:
Amendment 229 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) the discharge, emission or introduction of a quantity of materials or, energy, substances or ionising radiation into air, soil or water which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 230 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – point i
Article 3 – paragraph 1 – point e – point i
(i) concerns hazardous waste as defined in Article 3(2) of Directive 2008/98/EC of the European Parliament and of the Council39 and is undertaken in a non-negligible quantity; _________________ 39 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3–30).
Amendment 239 #
2021/0422(COD)
(h) the ship-source discharges of polluting substances referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship-source pollution and on the introduction of penalties, including criminal penalties, into any of the areas referred to in Article 3(1) of that Directive, provided that the ship-source discharges do not satisfy the exceptions set in Article 5 of that Directive; this provision shall not apply to individual cases, where the ship- source discharge does not cause deterioration in the quality of waterthe marine environment, unless repeated cases by the same offender in conjunction result in deterioration in the quality of waterthe marine environment; _________________ 42 Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (OJ L 255, 30.9.2005, p. 11– 21).
Amendment 240 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – point i
Article 3 – paragraph 1 – point e – point i
(i) concerns hazardous waste as defined in Article 3(2) of Directive 2008/98/EC of the European Parliament and of the Council;39 and is undertaken in a non-negligible quantity; _________________ 39 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3–30).
Amendment 243 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) the shipment of waste, within the meaning of Article 2(35) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council40 when such shipment is undertaken in a non- negligible quantity, whether executed in a single shipment or in several shipments which appear to be linked; _________________ 40 Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, 12.7.2006, p. 1).
Amendment 246 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) the ship-source discharges of pollution referred to in Article 3(8) of the Directive 2008/56/EC or polluting substances referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship- source pollution and on the introduction of penalties, including criminal penalties, into any of the areas referred to in Article 3(1) of that Directive, provided that the ship- source discharges do not satisfy the exceptions set in Article 5 of that Directive; this provision shall not apply to individual cases, where the ship- source discharge does not cause deterioration in the quality of water or the marine environment, unless repeated cases by the same offender in conjunction result in deterioration in the quality of water or the marine environment; _________________ 42 Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (OJ L 255, 30.9.2005, p. 11– 21).
Amendment 253 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) the killing, destruction, taking of, possession, sale or offering for sale, including online, of a specimen or specimens of wild fauna or flora species listed in Annexes IV and V (when species in Annex V are subject to the same measures as those adopted for species in Annex IV) to Council Directive 92/43/EEC49 and the species referred to in Article 1 of Directive 2009/147/EC of the European Parliament and of the Council50 , except for cases where the conduct concerns a negligible quantityas well as the destruction of the habitats of such specimenes; _________________ 49 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7–50). 50 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7–25).
Amendment 254 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) the killing, destruction, taking of, possession, sale or offering for sale, including online, of a specimen or specimens of wild fauna or flora species listed in Annexes IV and V (when species in Annex V are subject to the same measures as those adopted for species in Annex IV) to Council Directive 92/43/EEC49 and the species referred to in Article 1 of Directive 2009/147/EC of the European Parliament and of the Council50 , except for cases where the conduct concerns a negligible quantity of such specimens; _________________ 49 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7–50). 50 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7–25).
Amendment 255 #
2021/0422(COD)
(m) trading, including online, in specimens of wild fauna or flora species or parts or derivatives thereof listed in Annexes A, B and BC to Council Regulation (EC) No 338/9751 , except for cases where the conduct concerns a negligible quantity of such specimens; _________________ 51 Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 61, 3.3.1997, p. 1).
Amendment 255 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) trading, including online, in specimens of wild fauna or flora species or parts or derivatives thereof listed in Annexes A and B to Council Regulation (EC) No 338/9751 , excepand imports of specimens, part for casderivatives wthere the conduct concerns a negligible quantity of such specimensof listed in Annex C of the same Regulation; _________________ 51 Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 61, 3.3.1997, p. 1).
Amendment 259 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) illegal harvesting of timber and/or the placing or making available on the Union market, including online, of illegally harvested timber or of timber products that were made of illegally harvested wood, falling within the scope of Regulation (EU) No 995/2010 of the European Parliament and of the Council52 , except for cases where the conduct concerns a negligible quantity; [If a Regulation on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010 is adopted before this Directive, point (n) to be replaced with a criminal offence within the scope of Article 3 of that Regulation.] _________________ 52 Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (OJ L 295, 12.11.2010, p. 23–34).
Amendment 260 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point n a (new)
Article 3 – paragraph 1 – point n a (new)
(n a) illegal logging, as defined in Article 2(5a);
Amendment 264 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
(o) any conduct which causes the deterioration of a habitat within a protected site or a significat disturbance of a species for which the site has been designated, within the meaning of Article 6(2) of the Directive 92/43/EEC, when this deterioration is significant;
Amendment 267 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) production, placing on the market, including online, import, export, use, emission or release of ozone depleting substances as defined in Article 3 (4) of Regulation (EC) No 1005/2009 of the European Parliament and of the Council54 or of products and equipment containing or relying on such substances; _________________ 54 Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (OJ L 286, 31.10.2009, p. 1–30)
Amendment 271 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point r b (new)
Article 3 – paragraph 1 – point r b (new)
(r b) starting a forest fire;
Amendment 271 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point r a (new)
Article 3 – paragraph 1 – point r a (new)
(ra) initiation of a forest fire, when this initiation is caused either by a deliberate or reckless conduct, or by serious negligence.
Amendment 273 #
2021/0422(COD)
Amendment 281 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 3 – point e a (new)
Article 3 – paragraph 3 – point e a (new)
(e a) the amount of financial benefits gained by the offender, including cost of compliance;
Amendment 287 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. Member States shall ensure that their national legislation specifies that at least one of the following elements shall be taken into account, where relevant, when assessing whether the damage or likely damage is substantial for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraph 1, points (a) to (e), (i), (j), (k) and (p):
Amendment 289 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 5 – point c
Article 3 – paragraph 5 – point c
(c) the protection or conservation status of the habitat or the fauna or flora species concerned;
Amendment 290 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 5 – point d
Article 3 – paragraph 5 – point d
(d) the cost of restoration ofestimated cost of reinstatement of the environmental damage.
Amendment 290 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 3 – point d
Article 3 – paragraph 3 – point d
(d) spread of the damage, including its potential cross-border nature;
Amendment 291 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 5 – point d a (new)
Article 3 – paragraph 5 – point d a (new)
(d a) the monetary value of the environmental damage caused by the offence;
Amendment 292 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 3 – point e a (new)
Article 3 – paragraph 3 – point e a (new)
(ea) the financial benefits derived from the damage caused by the perpetrators;
Amendment 295 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 3 – point e b (new)
Article 3 – paragraph 3 – point e b (new)
(eb) the full financial cost of the environmental damage, including societal costs;
Amendment 297 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 5 b (new)
Article 3 – paragraph 5 b (new)
5 b. In order to ensure consistency and coherence across Member States for the purpose of law enforcement and to prevent forum shopping by offenders, the Commission shall, within [X] months after the entry into force of this Regulation and in consultation with relevant experts and stakeholders and following a science-based approach, issue guidelines to facilitate common understanding among Member States of the qualitative and quantitaive thresholds referred to in paragraph 3, 4 and 5 of this Article.
Amendment 297 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 3 – point e c (new)
Article 3 – paragraph 3 – point e c (new)
(ec) the conservation status of the species, population or habitats affected;
Amendment 299 #
2021/0422(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall take the necessary measures to ensure that an attempt to commit any of the criminal offences referred to in Article 3 (1) points (a), (b), (c), (d), (e), (f), (h), (i), (j), (k), (m), (n), (p) (ii), (q), (r) when committed intentionally is punishable as a criminal offence.
Amendment 299 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 3 – point e d (new)
Article 3 – paragraph 3 – point e d (new)
(ed) whether the offence was committed in the framework of a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA, or is linked to murder, corruption, money laundering, fraud, document counterfeit, extortion, coercion and other forms of intimidation.
Amendment 305 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 5 – introductory part
Article 3 – paragraph 5 – introductory part
5. Member States shall ensure that their national legislation specifies that the following elements shall be taken into account when assessing whether the quantity is negligible or non-negligible for the purposes of the investigation, prosecution and adjudication of offences referred to in paragraph 1, points (e), (f), (l), (m), (n):
Amendment 306 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 5 – point b
Article 3 – paragraph 5 – point b
(b) the extent to which the regulatory threshold, value or another mandatory parameter or hazardousness and toxicity threshold is exceeded;
Amendment 308 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 5 – point d
Article 3 – paragraph 5 – point d
(d) the cost of restoration of environmental damage, taking into account the ecological, social and monetary value of the supplied ecosystem service, such as carbon storage, lost or temporarily lost.
Amendment 312 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point b
Article 5 – paragraph 5 – point b
(b) fines, where relevant proportionate to the environmental damage caused and/or to the financial benefits gained by the offender;
Amendment 315 #
2021/0422(COD)
2. Member States shall take the necessary measures to ensure that an attempt to commit any of the criminal offences referred to in Article 3 (1) points (a), (b), (c), (d), (e), (f), (h), (i), (j), (k), (m), (n), (p) (ii), (q), (r) when committed intentionally is punishable as a criminal offence.
Amendment 333 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) the obligation to reinstate the environment within a given periodor finance its reinstatement within a reasonable time period where such reinstatement is possible, and cover the cost of any residual damage where complete reinstatement is not possible;
Amendment 339 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point a
Article 5 – paragraph 5 – point a
(a) obligation to reinstate the environment within a given time period, or to compensate for the damage caused, if the perpetrator is not in capacity to conduct such a reinstatement;
Amendment 342 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point b
Article 5 – paragraph 5 – point b
(b) fines, proportionate to the financial benefits derived from the damage caused by the perpetrators, and all the proceeds of which shall be used by Member States to combat environmental crime and protect the environment;
Amendment 354 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 361 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the offence caused destruction or irreversible or long-lasting substantial damage to the environment, a habitat, species of wild fauna or flora covered by Council Regulation (EC) No 338/9751, Council Directive 92/43/EEC and Directive 2009/147/EC of the European Parliament and of the Council or an ecosystem;
Amendment 364 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b b (new)
Article 8 – paragraph 1 – point b b (new)
(b b) the offence caused destruction or damage to a site of critical infrastructure or a site of cultural heritage;
Amendment 365 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b c (new)
Article 8 – paragraph 1 – point b c (new)
(b c) the offence was committed in an area of conservation or protection at national, European or international level;
Amendment 367 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(c a) the offence involved any of the following elements: corruption, fraud, money laundering, extortion, coercion or any other forms of intimidation;
Amendment 373 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – point j a (new)
Article 8 – paragraph 1 – point j a (new)
(j a) the offender committed an offence referred to in Article 3(1) while subject to a derogation under Article 15(4) of Directive 2010/75/EU;
Amendment 374 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – point j b (new)
Article 8 – paragraph 1 – point j b (new)
(j b) the offence caused unnecessary and avoidable suffering of animals.
Amendment 381 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) criminal or non-criminal fines, the proceeds of which should all be used by Member States to combat environmental crime and to protect the environment;
Amendment 383 #
2021/0422(COD)
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
Amendment 384 #
2021/0422(COD)
Proposal for a directive
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
Member States shall ensure that: a) the confiscated financial proceeds or instrumentalities from the offences, or where relevant the financial assests obtained from selling material proceeds or instrumentalities from the offences, are used to combat environmental crime in line with Article 12a of this Directive; b) confiscated wildlife products are offered to appropriate public entities for genuine educational, scientific and conservation purposes or properly destroyed, if their use for these purposes is not practicable.
Amendment 385 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 385 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) the obligation to reinstate the environment within a given period or to compensate for the damage caused, if the perpetrator is not in capacity to conduct such a reinstatement;
Amendment 389 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least ten years of imprisonment, for a period of at least ten years from the time when the offence was commitdetected, when offences are punishable;
Amendment 391 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least six years of imprisonment, for a period of at least six years from the time when the offence was commitdetected, when offences are punishable;
Amendment 392 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
(c) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least four years of imprisonment, for a period of at least four years from the time when the offence was commitdetected, when offences are punishable.
Amendment 398 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point j
Article 7 – paragraph 2 – point j
(j) obligation, subject to a periodic penalty payment, of companies to install due diligence schemes for enhancing compliance with environmental standards;
Amendment 403 #
2021/0422(COD)
Proposal for a directive
Article 12 – paragraph 1 – point d a (new)
Article 12 – paragraph 1 – point d a (new)
(d a) the offence is committed for the benefit of a legal person established on its territory;
Amendment 409 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by fines, the maximum limit of which shall be not less than 510% of the total worldwide turnover of the legal person [/undertaking] in the three business years preceding the fining decisiondetection of the offence.
Amendment 410 #
2021/0422(COD)
Proposal for a directive
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
Amendment 410 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 412 #
2021/0422(COD)
Proposal for a directive
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(c) the offence has created a severe risk for the environment or the conservation of native wildlife populations and their habitats on its territory.
Amendment 414 #
2021/0422(COD)
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
Where an offence referred to in Articles 3 and 4 falls within the jurisdiction of more than one Member State, these Member States shall swiftly cooperate to determine which Member State shall conduct criminal proceedings. The matter shall, where appropriate and in accordance with Article 12 of Council Framework Decision 2009/948/JHA59 , be referred to Europol and/or Eurojust. _________________ 59 Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings (OJ L 328, 15.12.2009, p. 42).
Amendment 415 #
2021/0422(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. In cases referred to in paragraph 1, points (c), (d) and (da), Member States shall take the necessary measures to ensure that the exercise of their jurisdiction is not subject to the condition that a prosecution can be initiated only following a denunciation from the State of the place where the criminal offence was committed.
Amendment 416 #
2021/0422(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12 a National funds for preventing and combatting environmental crime and facilitation of environmental protection 1. Member States shall, within 9 months from the entry into force of this Directive, establish and maintain a national fund, or where relevant adjust such an existing fund, aimed at combatting environmental crime and facilitation of environmental protection, including, for example, through financing of: a) prevention measures, including but not limited to those referred to in Article 15; b) combatting environmental crime, more specifically, the national authorities that detect, investigate, prosecute or adjudicate environmental offences, including for the purposes referred to in Articles 16, 17, 18 and 19; c) facilitation of environmental protection, including financing rescue centers that take adequate care for confiscated live animals. 2. The fund shall be financed at least through: a) the criminal and non-criminal fines as referred to in Articles 5 and 7; b) the proceeds derived from and instrumentalities used or intended to be used in the commission or contribution to the commission of the offence that have been confiscated in accordance with Article 10 of this Directive; c) where the complete reinstatement of the environment is not possible, the cost of the residual damage, paid by the offender;
Amendment 417 #
2021/0422(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall take the necessary measures to ensure thatfull application of the protection granted under Directive (EU) 2019/1937, is applicable to any natural persons reporting criminal offences referred to in Articles 3 and 4 of this Directive and to take the necessary measures to ensure a similar adequate level of protection for any legal persons reporting these offences.
Amendment 420 #
2021/0422(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall take the necessary measures to ensure that any natural and legal persons reporting offences referred to in Articles 3 and 4 of this Directive and providing evidence or otherwise cooperating with the investigation, prosecution or adjudication of such offences are provided the necessary support and assistance in the context of criminal proceedings.
Amendment 421 #
2021/0422(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. Member States shall take the necessary measures to ensure that natural and legal persons reporting criminal offences referred to in Articles 3 and 4 of this Directive are protected against strategic lawsuits against public participation, in line with the Directive 2022/... [Directive of the European Parliament and of the Council on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings].
Amendment 422 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the offence caused destruction or irreversible or long-lasting substantial damage to an ecosystem, or to protected species referred to in Article 3(1) points (l) and (m);
Amendment 423 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) the offence was committed in the framework of a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA56 or involved corruption, money laundering, fraud, extortion, coercion or other forms of intimidation; _________________ 56 Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime, OJ L 300/42.
Amendment 429 #
2021/0422(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall take appropriate action, such as research and education programmes, including studies on the origin and motivation for committing environmental crimes as well as information and awareness- raising campaigns and research and education programmes,, including on proactive law enforcement and anti-corruption measures, and targeting the general public, the private sector as well as national authorities with the aim to reduce overall number of environmental criminal offences, raise public awareness and reduce the risk of population of becoming a victim of an environmental criminal offence. Where appropriate, Member States shall act in cooperation with the relevant stakeholders, including experts, civil society organisations focused on environmental protection and competent authorities which detect, investigate, prosecute and adjudicate environmental criminal offences.
Amendment 429 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – point j
Article 8 – paragraph 1 – point j
(j) the offender actively obstructs inspection, custom controls or investigation activities, destroys any available evidence, or intimidates or interferes with witnesses or complainants.;
Amendment 432 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – point j a (new)
Article 8 – paragraph 1 – point j a (new)
(j a) the offence was committed within the remit of a protected site, such as a Natura 2000 area;
Amendment 433 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – point j b (new)
Article 8 – paragraph 1 – point j b (new)
(j b) the offender committed the offence while already benefiting from a derogation lawfully delivered by a competent authority;
Amendment 434 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – point j c (new)
Article 8 – paragraph 1 – point j c (new)
(j c) the offence caused the extensive and avoidable suffering of animals.
Amendment 441 #
2021/0422(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall take the necessary measures to ensure that effective investigative tools, such asincluding those which are used in organised crime, financial crime, cybercrime, corruption or other serious crime cases, are also available for investigating or prosecuting offences referred to in Articles 3 and 4.
Amendment 443 #
2021/0422(COD)
Proposal for a directive
Article 19 – title
Article 19 – title
Coordination and cooperation between competent authorities within and between Member States and with relevant bodies at EU level
Amendment 444 #
2021/0422(COD)
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
Member States shall take the necessary measures to establish appropriate mechanisms for coordination and cooperation at strategic and operational levels among all their competent authorities involved in the prevention of and the fight against environmental criminal offences. Such mechanisms shall be aimedtake the form of specialised coordination bodies with a designated contact point and shall aim at least at:
Amendment 445 #
2021/0422(COD)
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
Member States shall take the necessary measures to ensure frozen and confiscated assets are appropriately managed, according to their nature, and, where possible, used to fund reparations.For example, where appropriate, Member States shall consider: (a) using confiscated assets to repair damages caused, compensate victims, or finance measures aimed at preventing and combating similar crimes; (b) using confiscated financial assets to cover costs associated with the appropriate management housing and care of confiscated live animals; (c) destroying confiscated wildlife products or offering them to appropriate public entities for genuine educational and conservation purposes.
Amendment 447 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall take the necessary measures to provide for a limitation period that enables the investigation, prosecution, trial and judicial adjudication of criminal offences referred to in Articles 3 and 4 for a sufficient period of time after the commisspublic detection of those criminal offences, in order for those criminal offences to be tackled effectively.
Amendment 449 #
2021/0422(COD)
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
Member States shall ensure that, where relevant, their competent authorities that detect, investigate, procesute or adjudicate environmental offences referred to in Article 3 and 4, exchange information, consult and actively cooperate with relevant bodies at EU level, such as Europol and Eurojust, and including OLAF and EPPO to the extent relevant to their respective competences.
Amendment 450 #
2021/0422(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Amendment 454 #
2021/0422(COD)
Proposal for a directive
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) the modes of coordination and cooperation between the competent authoritinational authorities and between the competent national authorities and the competent national authorities of other Member States;
Amendment 455 #
2021/0422(COD)
Proposal for a directive
Article 20 – paragraph 1 – point f
Article 20 – paragraph 1 – point f
(f) the procedures and mechanisms for regular monitoring and, evaluation and reporting of the results achieved;
Amendment 455 #
2021/0422(COD)
(a) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least ten years of imprisonment, for a period of at least ten years from the time when the offence was commitpublicly detected, when offences are punishable;
Amendment 457 #
2021/0422(COD)
Proposal for a directive
Article 21 – paragraph 2 – point c
Article 21 – paragraph 2 – point c
(c) the average length of the criminal investigations of environmental crimes as well as of criminal proceedings;
Amendment 458 #
2021/0422(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall ensure that a consolidated review of their statistics is regularly published. the statistical data referred to in paragraph 2 and a consolidated review of their statistics are published annually. The following year after the standard format referred to in Article 22 is established, Member States shall start using it for their annual publications of statistics.
Amendment 461 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least six years of imprisonment, for a period of at least six years from the time when the offence was commitpublicly detected, when offences are punishable;
Amendment 467 #
2021/0422(COD)
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
3. By [OP – please insert the date - five years after the transposition period is over], the Commission shall carry out an evaluation of the impact of this Directive as well as the need to update the list of offences in Article 3 and submit a report to the European Parliament and to the Council. Member States shall provide the Commission with necessary information for the preparation of that report.
Amendment 468 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
(c) of offences referred to in Articles 3 and 4 which are punishable by a maximum sanction of at least four years of imprisonment, for a period of at least four years from the time when the offence was commitpublicly detected, when offences are punishable.
Amendment 482 #
2021/0422(COD)
Proposal for a directive
Article 12 – paragraph 1 – point d a (new)
Article 12 – paragraph 1 – point d a (new)
(d a) the offence is committed for a legal person established on its territory.
Amendment 491 #
2021/0422(COD)
Proposal for a directive
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
Amendment 494 #
2021/0422(COD)
Proposal for a directive
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(c) the offence has created a severe risk for the environment, including native wildlife populations and their habitats, on its territory.
Amendment 496 #
2021/0422(COD)
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
Where an offence referred to in Articles 3 and 4 falls within the jurisdiction of more than one Member State, these Member States shall cooperate to determine which Member State shall conduct criminal proceedings. The matter shall, where appropriate and in accordance with Article 12 of Council Framework Decision 2009/948/JHA59 , be referred to Eurojust as well as Europol. _________________ 59 Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings (OJ L 328, 15.12.2009, p. 42).
Amendment 502 #
2021/0422(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall take the necessary measures to ensure that protection is granted to any natural person under Directive (EU) 2019/1937, ias applicable towell as legal persons reporting criminal offences referred to in Articles 3 and 4 of this Directive.
Amendment 504 #
2021/0422(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall take the necessary measures to ensure that natural and legal persons reporting offences referred to in Articles 3 and 4 of this Directive and providing evidence or otherwise cooperating with the investigation, prosecution or adjudication of such offences are provided the necessary protection, support and assistance in the context of criminal proceedings.
Amendment 517 #
2021/0422(COD)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
Member States shall ensure public access to the information on the referrals of environmental crime to the authorities and the number of open judicial proceedings concerning such crime, including those resulting from the referrals.
Amendment 522 #
2021/0422(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
In addition to strengthening their investigation and prosecution arsenal and implementing dissuasive sanctions, Member States shall take appropriate action, such as information and awareness- raising campaigns and research and education programmes, to reduce overall environmental criminal offences, raise public awareness and reduce the risk of population of becoming a victim of an environmental criminal offence. Where appropriate, Member States shall act in cooperation with the relevant stakeholders.
Amendment 524 #
2021/0422(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that national authorities which detect, investigate, prosecute or adjudicate environmental offences have a sufficient number of qualified staff, including prosecutors and police authorities, and sufficient financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive. In particular, Member States shall strengthen their enforcement and judicial chains in the remit of environmental crimes by establishing or, where relevant, strengthening specialised law enforcement units, as well as specialised coordination bodies, memoranda of understanding between competent authorities, national enforcement networks and joint training activities.
Amendment 526 #
2021/0422(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
When environmental offences are suspected to be of a cross-border nature, national authorities shall swiftly refer the information related to these cases to appropriate bodies, such as the Commission, Eurojust, Europol, the OLAF, and, in the event of an extension of its competences to environmental crimes, the EPPO.
Amendment 531 #
2021/0422(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall take the necessary measures to ensure that effective investigative tools, such as those which are used in organised crime, financial crime, cybercrime or other serious crime cases, are also available for investigating or prosecuting offences referred to in Articles 3 and 4.
Amendment 534 #
2021/0422(COD)
Proposal for a directive
Article 19 – title
Article 19 – title
19 Coordination and cooperation between competent authorities within a Member State and across Member States
Amendment 536 #
2021/0422(COD)
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
Member States shall take the necessary measures to establish appropriate mechanisms for coordination and cooperation at strategic and operational levels among all their competent authorities involved in the prevention of and the fight against environmental criminal offences. Such mechanisms may take the form of units and bodies referred to in Article 16 (1) of this Directive and shall be aimed at least at:
Amendment 540 #
2021/0422(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19 a Investigation of environmental crime at EU level The Commission shall, within 12 months from the entry into force of this Directive and pursuant to Article 86(4) TFEU, draw up a report on the possibility and modalities of the extension of competences of the EPPO to include serious cross-border environmental crimes, and present it to the Council and the European Parliament.
Amendment 542 #
2021/0422(COD)
Proposal for a directive
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) the modes of coordination and cooperation between the competent authorities as well as between their competent authorities and other Member States;
Amendment 546 #
2021/0422(COD)
Proposal for a directive
Article 20 – paragraph 1 – point f
Article 20 – paragraph 1 – point f
(f) the procedures and mechanisms for regular monitoring and, evaluation and reporting of the results achieved;
Amendment 561 #
2021/0422(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall ensure that a consolidated review of their statistics is regularly publishedpublished and made easily accessible at least every three years.
Amendment 566 #
Amendment 569 #
2021/0422(COD)
Proposal for a directive
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2 a. The Commission shall develop guidelines in order to assist the Member States in the preparation of harmonised, effective, dissuasive and proportionate sanctions.
Amendment 573 #
2021/0422(COD)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The Commission shall by [OP – please insert the date - two years after the transposition period is over], submit a report to the European Parliament and to the Council assessing the extent to which the Member States have taken the necessary measures to comply with this Directive, and providing recommendations to Member States. Member States shall provide the Commission with the necessary information for the preparation of that report, including, but not limited to, data referred to in Article 21 (2).
Amendment 577 #
2021/0422(COD)
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
3. By [OP – please insert the date - five years after the transposition period is over], the Commission shall carry out an evaluation of the impact of this Directive and submit a report to the European Parliament and to the Council. Member States shall provide the Commission with necessary information for the preparation of that report, including, but not limited to, data referred to in Article 21 (2).
Amendment 43 #
2021/0381(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
Amendment 53 #
2021/0381(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The information to be included in the transparency notice should be provided in the advertisement itself or be easily retrievable on the basisPolitical advertising publishers should ensure that each political advertisement contains a clear indication of where the transparency notice could be easily retrieved. The requirement that the information about the transparency notice is to be clearly visible means that it should feature prominently in the advertisement. In this respect, use could , for example, be made of an in dedication provided in the advertisemented webpage link, a Quick Response code (or "QRcode"), or equivalent clear and user-friendly technical means. The requirement that the information about the transparency notice is to be inter alia clearly visible should entail that it features prominently in or with the advertisement. The requirement that information published in the transparency notice is to be easily accessible, machine readable where technically possible, and user friendly should entail that it addresses the needs of people with disabilities. Annex I of Directive 2019/882 (European Accessibility Act) contains accessibility requirements for information, including digital information that should be used to render political information accessible for persons with disabilities.
Amendment 54 #
2021/0381(COD)
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55 a) Where a particular advertisement does not comply with this Regulation, mechanisms provided by the publisher should enable individuals to flag the advertisement concerned. Where those mechanisms are not available, individuals should be able to report such political advertisement directly to the competent authorities in accordance with this Regulation.
Amendment 55 #
2021/0381(COD)
Proposal for a regulation
Recital 65 a (new)
Recital 65 a (new)
(65 a) Symmetry should be ensured between the rules on political advertising services provided online and offline, in order to ensure that they are both enforced in a predictable and coherent way;
Amendment 57 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to political advertising prepared, placed, promoted, published or disseminated in the Unionone or moreMember States or at European Union level, or directed to individuals in one or severalmore Member States or at the European Union level, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used.
Amendment 61 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
10. ‘relevant electorate’ means the body of individuals eligible to vote in the election or referendum being contested in theat the European Union level or in a Member State in which a political advertisement circulates, which may be the entire electorate of the European Union or of a Member State;
Amendment 64 #
2021/0381(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Political advertising services shall be available only to a sponsor, or to a service provider acting on behalf of a sponsor, who is a citizen of the Union, or to a natural or legal person residing or established in the Union.
Amendment 76 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4 a. Where the mechanisms stipulated in paragraph 1 are not available, the competent authorities of the Member States shall enable individuals to notify them, directly and free of charge, that a particular advertisement does not comply with this Regulation. Member States shall designate a single authority competent to receive and process such reports.
Amendment 79 #
2021/0381(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Service providers that provide political advertising services in the Union but do not have an establishment in the Union shall designate, in writing, a natural or legal person as their legal representative in one of the Member States where the provider offers its services. Member States shall keep publicly available registers of all legal representatives registered on their territory under this Regulation.
Amendment 52 #
2021/0380(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order for the information to be digitally usable, entities should submit to the collection bodies the information in a data extractable format or, where required under Union law, in a machine-readable format. Entities should also accompany the information they submit to the collection bodies with the metadata requested by those collection bodies. The Commission should be empowered to adopt implementing technical standards developed by the relevant European Supervisory Authority specifying the metadata for each piece of information, the data structuring of the information and information for which a machine-readable format is required and which machine- readable format is to be used in that case. In respect of standards concerning sustainability information, the Joint Committee of the European Supervisory Authorities should consult the European Financial Reporting Advisory Group (EFRAG) on the development of these draft implementing standards. All standards should seek to make ESAP future-proof and consider potential interoperability at a global level in the future, thus should draw upon global standards and best practices where relevant.
Amendment 54 #
2021/0379(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order for the information to be digitally usable, the entities should submit to the collection bodies the information in a data extractable format or, where required under Union law, in a machine-readable format. The entities should also accompany the information they submit to the collection bodies with the metadata requested by those collection bodies. The Commission should be empowered to adopt implementing technical standards developed by the relevant European Supervisory Authority specifying the metadata for each piece of information, the data structuring of the information, and the information for which the machine- readable format is required and which machine-readable format is to be used in that case. In respect of standards concerning sustainability information, the Joint Committee of the European Supervisory Authorities should consult the European Financial Reporting Advisory Group (EFRAG) on the development of these draft implementing standards. All standards should seek to make ESAP future-proof and consider potential interoperability at a global level in the future, thus should draw upon global standards and best practices where relevant.
Amendment 56 #
2021/0379(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) Collection bodies should not be responsible for verifying the accuracy of the content of the information, unless mandated to do so in accordance with the relevant Union law listed in the Annex to this Regulation. Entities subject to mandatory reporting should be responsible for ensuring the accuracy of the information submitted owing to their legal obligations under the relevant Union law listed in the Annex to this Regulation or national law.
Amendment 65 #
2021/0379(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2002/87/EC
Article 30b – paragraph 1– subparagraph 2 – point b – point v a (new)
Article 30b – paragraph 1– subparagraph 2 – point b – point v a (new)
(v a) the country of establishment of the entity;
Amendment 66 #
2021/0379(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2002/87/EC
Article 30b – paragraph 1 – point b – point v b (new)
Article 30b – paragraph 1 – point b – point v b (new)
Amendment 69 #
2021/0379(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2002/87/EC
Article 30b – paragraph 4 – subparagraph 2 a (new)
Article 30b – paragraph 4 – subparagraph 2 a (new)
To ensure consistency with the digital mark-up of sustainability information, ESMA shall consult the European Financial Reporting Advisory Group on the development of draft implementing standards pertaining to the disclosure of sustainability information.
Amendment 81 #
2021/0378(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The information to be made publicly accessible on ESAP should be collected by collection bodies designated for the purpose of collecting the information that the entities are under an obligation to make public. In order to ensure the efficient functioning of ESAP, the collection bodies should make the information available to ESAP in automated ways through a single application programming interface. For the information to be digitally usable and searchable, entities should make such information available in a data extractable format or, where required by Union law, in a machine- readable format. Compared to data extractable formats, machine-readable formats are file formats structured so that software applications can easily identify, recognise and extract specific data, including individual statements of fact, and their internal structure. To ensure that entities submit the information in the correct format and to address possible technical issues encountered by the entities, the collection bodies should provide technical assistance to those entities.
Amendment 85 #
2021/0378(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Apart from the information in relation to financial services, capital markets and sustainability that has to be made public under Union law, investors, market participants, advisors, academia and the public at large may have an interest in obtaining other information that an entity wants to make accessible. Small and medium-sized enterprises, that are not subject to the mandatory disclosure requirements under Union law, may want to make more information publicly accessible in order to become more visible to potential investors and thereby increase funding and diversify funding opportunities. Also, market participants may want to provide more information than that required by law or to make public the information required by national law but not available at Union level in order to complement the information provided to the public at the Union level. Any entity should therefore be allowed to make financial, sustainability- related and other relevant information accessible on ESAP. Pursuant to the principle of data miniSuch voluntary submisatsion, entities should ensure that no personal data are included, except where those data constitute a necessary element of the information about their economic activities, including when the name of the entity coincides with the name of the owner. Where such information contains personal data, the entities should ensure that they can rely for such disclosure on one of the lawful grounds of processing laid down in Article 6 of Regulation (EU) 2016/679 of the European Parliament and of the Council26 . _________________ 26 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1) should, nonetheless, be subject to the same format and data quality requirements so as not to jeopardise the integrity of the ESAP. Moreover, entities that are not subject to mandatory reporting, in accordance with the Union law listed in the Annex to this Regulation, that choose to voluntarily submit information corresponding to that due under Union law, should ensure that they submit a complete data set to facilitate comparison and contextualise the data.
Amendment 88 #
2021/0378(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) Pursuant to the principle of data minimisation, entities should ensure that no personal data are included, except where those data constitute a necessary element of the information about their economic activities, including when the name of the entity coincides with the name of the owner. Where such information contains personal data, the entities should ensure that they can rely for such disclosure on one of the lawful grounds of processing laid down in Article 6 of Regulation (EU) 2016/679 of the European Parliament and of the Council1a . _________________ 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 89 #
2021/0378(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to enable entities and the public to identify the collection bodies providing information to ESAP, ESMA should publish on its website a list of the collection bodies and keep it up to date. The designation of collection bodies should be at the discretion of Member States but should respect the “file-once principle”.
Amendment 97 #
2021/0378(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Re-using information that is available on ESAP can improve the functioning of the internal market and promote the development of new services that combine and make use of such information. It is therefore necessary, where justified on grounds of a public interest objective, to allow re-use of the information that is available on ESAP for purposes other than the purposes for which the information was drawn up. However,, unless it is justified on grounds of a public interest objective to place conditions on the use and re-use of that information. These conditions should be subject to objective, proportionate and non- discriminatory conditions. For that purpose, conditions corresponding to those laid down in open, standard licences within the meaning of Directive (EU) 2019/1024 of the European Parliament and of the Council27 should apply. The licensing terms of those standard licences should allow for data and content to be freely accessible, used, modified and shared by anyone for any purpose. ESMA should bear no liability for the use and re-use of information accessible on ESAP. The submission of information by the collection bodies should either not be subject to conditions or be subject to an open standard licence enabling the licensing terms applying for information accessible in the ESAP. _________________ 27 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
Amendment 99 #
2021/0378(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) The validation procedure should be limited to verifying compliance with this Regulation, including the formatting requirements. Collection bodies should not be responsible for verifying the accuracy of the content of the information, unless mandated to do so in accordance with the relevant Union law listed in the Annex to this Regulation. Entities subject to mandatory reporting should be responsible for ensuring the accuracy of the information submitted owing to their legal obligations under the relevant Union law listed in the Annex to this Regulation or national law.
Amendment 102 #
2021/0378(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) ESAP should provide users with access to information for free and without discrimination and should make it possible for those users to search, access and download the information through ESAP. However, taking into account the need to protect ESMA from an excessive financial burden in relation to costs incurred for serving the needs of intensive users, if any, ESMA should have the ability to generate revenues. Therefore, by way of derogation from the principle that information should be accessible free of charge, ESMA should be allowed to impose fees for those specific services, including for services with high maintenance costs due to searches for and downloads of very large volumes of information or to frequent access to ESAP. Public bodies, academic institutions, and civil society organisations should not be subject to fees. The calculation of fees should be transparent and based on clear principles. Any fees imposed should, however, not exceed the cost of the service provided.
Amendment 103 #
2021/0378(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) ESAP should provide users with access to information for free and without discrimination and should make it possible for those users to search, access and download the information through ESAP. However, taking into account the need to protect ESMA from an excessive financial burden in relation to costs incurred for serving the needs of intensive users, if any, ESMA should have the ability to generate revenues. Therefore, by way of derogation from the principle that information should be accessible free of charge, ESMA should be allowed to impose fees for those specific services, including for services with high maintenance costs due to searches for very large volumes of information or to frequent access to ESAP. Any fees imposed should, however, not exceed the cost of the service provided. Entities responding to at least one of the overriding reasons in the public interest as defined in Directive (EU) 2018/958 of the European Parliament and of the Council should always be exempted from such fees.
Amendment 109 #
2021/0378(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to build and maintain public trust in ESAP and to protect each entity from undue alteration of its information, ESAP should ensure data integrity and credibility of the source of the information submitted to the collection bodies. Therefore, information submitted by the entities should include a qualified electronic seal attached to the information submitted as defined in Article 3(20), of Regulation (EU) No 910/2014 of the European Parliament and of the Council29 . A specific legal entity identifier may be a mandatory attribute of that certificate. That seal or signature acquired by ESAP should be made available to users. Where available, the legal entity identifier should be based on a globally recognised standard in order to facilitate interoperability. _________________ 29 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
Amendment 114 #
2021/0378(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) To ensure a smooth processing of the information received or drawn-up by the collection bodies and made available to ESAP, it is necessary to lay down certain clear and detailed requirements specifying the format and the metadata of that information and which collection bodies should collect such information. In order to ensure the quality of the information submitted to ESAP by the collection bodies, it is also necessary to define the characteristics of the automated validations to be carried out on each information reaching the collection bodies, and the characteristics of the qualified electronic seal to be attached to that information by the entities. To ensure the use and re-use of data on ESAP, a list of the designated open standard licences would need to be defined. To facilitate the searching, finding, retrieving of the data in a timely manner, the characteristics of the application programming interface and the metadata to be implemented will also need to be designed. Additional requirements as regards efficient search functions will need to be implemented such as the specific legal entity identifier, the classification of the type of information, and the categories of the size of the entities. To that purpose, the Joint Committee of the European Supervisory Authorities should develop draft implementing technical standards. Additionally, ESMA might develop draft implementing technical standards to determine the nature and extent of the specific services for which fees may be charged and the associated fee structureIn respect of standards concerning sustainability information, the Joint Committee of the European Supervisory Authorities should consult the European Financial Reporting Advisory Group (EFRAG) on the development of these draft implementing standards, in particular on standards defining requirements for the accessibility formats of sustainability information. All standards should seek to make ESAP future-proof and consider potential interoperability at a global level in the future, thus should draw upon global standards and best practices where relevant. Additionally, ESMA might develop draft implementing technical standards to determine the nature and extent of the specific services for which fees may be charged and the associated fee structure. To ensure full transparency of the cases when fees may be charged, ESMA should make public and easily available on ESAP the thresholds of volumes of information and the frequencies above which those fees apply. The Commission should be empowered to adopt those implementing technical standards by means of implementing acts pursuant to Article 291 TFEU and in accordance with Article 15 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council30 , No 1094/2010 of the European Parliament and of the Council31 and No 1095/2010 of the European Parliament and of the Council32 . _________________ 30 Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12). 31 Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (OJ L 331, 15.12.2010, p. 48). 32 Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).
Amendment 129 #
2021/0378(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘metadata’ means structured information that makes it easier to retrieve, use, contextualise or manage an information resource, including by describing, explaining, or locating that information resource.
Amendment 137 #
2021/0378(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) use, at least, a data extractable format for drawing up that information;
Amendment 138 #
2021/0378(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ensure that no personal data are included, except where the personal data constitute a necessary element of the information about its economic activities, including when the name of the entity coincides with the name of the owner. If personal data is justifiably included, this shall be specified.
Amendment 140 #
2021/0378(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 (new)
Article 3 – paragraph 1 – subparagraph 1 (new)
Information submitted on a voluntary basis that corresponds to the information referred to in Article(1), point (a), must be done so in a manner that ensures the information is comprehensive, contextualised, and comparable with information submitted on a mandatory basis.
Amendment 147 #
2021/0378(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(c a) the minimum data fields that must be completed if information corresponding to that referred to in Article 1(1), point (a) is submitted on a voluntary basis.
Amendment 170 #
2021/0378(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 (new)
Article 5 – paragraph 2 – subparagraph 1 (new)
Collection bodies shall notify the entities of the rejection and the reasons thereof within a reasonable timeframe.
Amendment 171 #
2021/0378(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Entities shallubject to mandatory reporting shall be responsible for ensuring the accuracy of the information submitted owing to their legal obligations under the relevant Union law listed in the Annex to this Regulation or national law. Entities shall also ensure the accuracy of the information they submit to the collection bodies on a voluntary basis.
Amendment 175 #
2021/0378(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. As regards the information falling under this Regulation, the collection bodies shall not exercise the right of the maker of a database, referred to in Article 7(1) of Directive 96/9/EC of the European Parliament and of the Council33 , tor any other intellectual property rights, in a way that prevents or restricts the use and re- use of the contents of the database or to restrict re- use of those contentspursuant to Article 9. _________________ 33 Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ L 77, 27.3.1996, p. 20).
Amendment 181 #
2021/0378(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) the legal entity identifier of the entity that submitted the information and, where applicable, the legal entity identifier of its subsidiaries;
Amendment 184 #
2021/0378(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point c
Article 7 – paragraph 3 – point c
(c) the type of information submitted by the entity that submitted the information;
Amendment 186 #
2021/0378(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point e a (new)
Article 7 – paragraph 3 – point e a (new)
(e a) the country of establishment of the entity;
Amendment 187 #
2021/0378(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point e b (new)
Article 7 – paragraph 3 – point e b (new)
(e b) the industry sector(s) of the entity’s economic activities;
Amendment 189 #
2021/0378(COD)
Proposal for a regulation
Article 7 – paragraph 4 – point d a (new)
Article 7 – paragraph 4 – point d a (new)
(d a) the categories of industry sectors referred to in paragraph 3, point (eb).
Amendment 190 #
2021/0378(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4 a. To ensure consistency with the digital mark-up of sustainability information, for the purpose of paragraphs 1, 2 and 3, the Joint Committee of the European Supervisory Authorities shall consult the European Financial Reporting Advisory Group on the development of draft implementing standards pertaining to the disclosure of sustainability information.
Amendment 195 #
2021/0378(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
ESMA may, however, charge fees for specific services that involve searches and downloads for a very large volume of information or for frequently updated information, except when those services are used by civil society organisations, public bodies and academic institutions. Those fees shall not exceed the cost incurred by ESMA for the provision of the service.
Amendment 202 #
2021/0378(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point e a (new)
Article 8 – paragraph 3 – point e a (new)
(e a) any entity responding to at least one of the overriding reasons in the public interest as defined in article 6 of Directive (EU) 2018/95835a . _________________ 35a Directive (EU) 2018/958 of the European Parliament and of the Council of 28 June 2018 on a proportionality test before adoption of new regulation of professions
Amendment 205 #
2021/0378(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4 a. If ESMA decides to charge fees to certain users of ESAP or for certain services of ESAP, it shall publish and make easily accessible on the ESAP website the fee structure, the volume thresholds, if relevant, and rate, and review the rate and thresholds on an annual basis.
Amendment 209 #
2021/0378(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. ESMA shall implement appropriate technical processes to automatically notify a collection body that the information submitted does not comply with the requirements laid down in Article 5(1), point (b). The collection body shall notify the submitting entity of the rejection and the reasons for in accordance with Article 2(2), subparagraph 2.
Amendment 66 #
2021/0372(CNS)
Proposal for a directive
Recital 8
Recital 8
(8) In line with International and European standards, including, the requirements of International Covenant on Civil and Political Rights and the law of the European Convention on Human Rights, Member States should not only recognize and respect the right of Union citizens to vote and to stand as a candidate but also ensure easy access to their electoral rights by removing as manyll obstacles to participation in elections as possible.
Amendment 70 #
2021/0372(CNS)
Proposal for a directive
Recital 9
Recital 9
(9) In order to facilitate the exercise by Union citizens of their right to vote and to stand as a candidate in their country of residence, such citizens should be allowed to request the registration on the electoral roll of the host Member State as soon as they register or notify the authorities of their residence. Non-national citizens should in any case be entered on the electoral roll in sufficient time in advance of polling day. The formalities applicable to their registration should be as simple as possible. It should be sufficient for the Union citizens concerned to produce a valid identity card and a formal declaration that includes elements evidencing their entitlement to participate in the elections. Once registered, non- national Union citizens should remain on the electoral roll under the same conditions as Union citizens who are nationals of the Member State concerned, for as long as they satisfy the conditions for exercising the right to vote. Additionally, Union citizens should provide the competent authorities with contact information, enabling those authorities to keep them informed on a regular basis.
Amendment 71 #
2021/0372(CNS)
Proposal for a directive
Recital 10
Recital 10
(10) While Member States are competent to determine the right to vote or to stand as a candidate in elections to the European Parliament as regards nationals who reside outside their territory, the fact that non-national Union citizens have been entered on the electoral roll of their Member State of residence should not in itself constitute grounds for their removal from the electoral roll of their home Member State for other types of elections. The risk of de-registration from the electoral roll of the home Member State for other types of elections is one of the main factors discouraging non-national Union citizens from participating in elections to the European Parliament, with the result that the views of non- national Union citizens are disproportionately less well represented than those of citizens who are nationals of the Member State concerned.
Amendment 72 #
2021/0372(CNS)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10 a) The prevention of removal from the electoral roll of non-national Union citizens’ home Member States for other types of elections should require the adoption of effective and innovative tools at the European level. The creation of a European electoral certificate allows for the registration of Union citizens in the electoral rolls of multiple Member States for the elections to the European Parliament, while averting double voting.
Amendment 75 #
2021/0372(CNS)
Proposal for a directive
Recital 13
Recital 13
(13) Union citizens who have been deprived of their right to vote and to stand as candidates, on the basis of an individual civil law or criminal law decision taken by the competent authority, should be precluded from exercising that right in the Member State of residence in elections to the European Parliament. When receiving an application for registration as a voter, Member States may in duly justified cases require from the citizen concerned a formal declaration confirming that they have not been deprived of their right to vote. When standing as candidates in their country of residence, Union citizens should be required to produce a statement confirming that they have not been deprived of the right to stand in the elections to the European Parliament.
Amendment 76 #
2021/0372(CNS)
Proposal for a directive
Recital 14
Recital 14
(14) It should be possible for the Member State of residence to check that Union citizens who have expressed a desire to exercise their right to stand as candidates have not been deprived of that right in their home country. The adoption of a European electoral certificate should enable the exchange of information between Member States in this regard. Where a Member State receives a request to that effect from the Member State of residence, it should provide the necessary confirmation within a time-limit allowing for the admissibility of the candidacy to be effectively assessed. The personal data being exchanged may only be processed for that purpose. Given the fundamental importance of electoral rights, failure by the home Member State to provide timely information on the status of a Union citizen should not result in the deprivation of the right to stand as a candidate in the Member State of residence. In cases where the relevant information is provided at a later stage, the Member State of residence should ensure, by appropriate measures and in accordance with the procedures provided for by its national law, that Union citizens deprived of the right to stand in their home Member State who were registered as candidates or have already been elected, are prevented from being elected or from exercising their mandate.
Amendment 83 #
2021/0372(CNS)
Proposal for a directive
Recital 21
Recital 21
(21) In order to improve the accessibility of electoral information, such information should be made available in at least one other official language of the Union than that or those of the host Member State, broadly understood by the largest possible number of Union citizens residing on its territory. Member States should be encouraged to provide information also in the native language of the non-national Union citizen. Member States may use different official languages of the Union in specific parts of their territory or their regions depending on the language understood by the largest group of Union citizens residing therein.
Amendment 86 #
2021/0372(CNS)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21 a) Non-national Union citizens should receive information about the possibility of voting or standing as a candidate when they register as residents of a Member State of which they are not nationals. Information pertaining to the registration as a voter or as a candidate should also be provided periodically, ahead of European elections, in a timely manner, to all voters and persons entitled to stand as candidates pursuant to Article 3. Moreover, non-national Union citizens should be duly informed about their distinct rights under the municipal and European electoral systems.
Amendment 95 #
2021/0372(CNS)
Proposal for a directive
Recital 26
Recital 26
(26) Data regarding the exercise of rights and the application of this Directive can be useful in theis critical in the evaluation of the relevant Union policy and identification of measures necessary to ensure the effective exercise of Union citizens’ electoral rights. In order to increase and improve the collection of dataand reporting of data by Member States for elections to the European Parliament, it is necessary to introduce regular monitoring and to harmonise the reporting of implementation by Member States. In parallel, the Commission should assess the application of this Directive, and submit a report including such an assessment to the European Parliament and to the Council, after each election to the European Parliament.
Amendment 103 #
2021/0372(CNS)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take the necessary measures to enable a Union voter who has expressed the wish to be registered as a voter to be entered on the electoral roll sufficiently in advance of polling day. Member States shall enable registration as soon as the voter concerned registers for residence
Amendment 108 #
2021/0372(CNS)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Member State of residence shall inform the persons concerned in gooda timely manner and in clear and plain language, in their native language, or in official languages of the Union other than that or those of the host Member State, broadly understood by the largest possible number of Union citizens residing on its territory of the decision taken on their application for entry on the electoral roll or of the decision concerning the admissibility of their application to stand as a candidate.
Amendment 110 #
2021/0372(CNS)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. In case of errors in the electoral rolls or in the lists of candidates to the European Parliament, the person concerned shall be informed thereof in a timely manner and entitled to legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals.
Amendment 121 #
2021/0372(CNS)
Proposal for a directive
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4 a. The designated authority shall collaborate with other competent authorities to ensure that citizens are informed of their rights under this Directive as soon as they register for residence in the Member State concerned. A person entitled to vote and stand as a candidate pursuant to Article 3 who establishes his residence in the country concerned, shall automatically receive information about their rights under this Directive. That information shall also be provided periodically, sufficiently ahead of the elections to the European Parliament, to all voters and persons entitled to stand as candidates pursuant to Article 3.
Amendment 122 #
2021/0372(CNS)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The home Member State shall ensure that measures referred to in paragraph 1 do not prevent its nationals from voting or standing as candidates in other types of elections. Appropriate measures, such as the adoption of a common European Electoral Certificate, shall be taken at the Union level to support the efforts of Member States to avoid de-registration of mobile Union citizens from electoral rolls for other types of elections, while preventing double voting and securing equal treatment among national and non-national Union citizens.
Amendment 131 #
Amendment 133 #
2021/0372(CNS)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Within six months after each election to the European Parliament Member States shall send detailed information to the Commission on the application of this Directive in their territory. In addition to general observations, the report shall contain uniform statistical data on the participation in elections to the European Parliament of Union voters and Union citizens entitled to stand as candidates and a summarydetailed overview of the measures taken to support it.
Amendment 134 #
2021/0372(CNS)
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2 a. The Commission is empowered to adopt delegated acts in accordance with Article 20 concerning a template and the form of the data to be collected for the purposes of paragraph 1 of this Article.
Amendment 136 #
2021/0372(CNS)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Within twoone years after the 2029 elections to the European Parliament, the Commission shall assess its application and produce an evaluation report on the progress towards achievement of the objectives contained herein. The evaluation shall also include a review on the functioning of Article 13.
Amendment 139 #
2021/0372(CNS)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 9, 10, 13 and 137 shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Directive.
Amendment 100 #
2021/0366(COD)
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems and repealing Regulation (EU) No 995/2010 (Text with EEA relevance)
Amendment 101 #
2021/0366(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Forests provide a broad variety of environmental, economic and social benefits, including timber and non-wood forest products and environmental services essential for humankind, as they harbour most of the Earth’s terrestrial biodiversity. They maintain ecosystem functions, help protect the climate system, provide clean air and play a vital role for the purification of waters and soils as well as for water retention. In addition, forests provide subsistence and income to about one third of the world’s population and their destruction has serious consequences for the livelihoods of the most vulnerable people, including indigenous peoples and local communities who heavily depend on forest ecosystems18. Furthermore, deforestation and forest degradation reduce essential carbon sinks and increase the likelihood of new diseases spreading from animals to human. Deforestation, forest degradation and the conversion and degradation of other ecosystems also increase contacts between wild animals and farmed animals and humans, thereby increasing the likelihood of new diseases spreading and the risks of new epidemics and pandemics. __________________ 18 Commission Communication of 27 July 2019 ’Stepping up EU Action to Protect and Restore the World’s Forests’, COM(2019) 352 final.
Amendment 108 #
2021/0366(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Climate breakdown induces the loss of biodiversity globally and biodiversity loss aggravates climate change, they are inextricably linked, as recent studies have confirmed. Biodiversity helps mitigate climate change. Insects, birds and mammals act as pollinators, seed dispersers and can help store carbon more efficiently, directly or indirectly. Forests and other ecosystems also ensure a continuous replenishment of water resources and prevention of droughts and their deleterious effects to local communities, including indigenous peoples. Drastically reducing deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems and systemically restoring forests and other ecosystems is the single largest nature-based opportunity for climate mitigation.
Amendment 115 #
2021/0366(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Climate change, biodiversity loss and, deforestation and the conversion of other ecosystems are concerns of the highest global importance, affecting the survival of humanity and sustained living conditions on Earth. The acceleration of climate change, biodiversity loss and environmental degradation, paired with tangible examples of their devastating effects on nature, human living conditions and local economies, have led to the recognition of the green transition as the defining objective of our time and a matter of gender equality and of intergenerational equity.
Amendment 116 #
2021/0366(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Union consumption is a considerable driver of deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems on a global scale. The initiative’s Impact Assessment estimated that without an appropriate regulatory intervention EU consumption and production of the sixeight commodities included in the scope (wood, cattle, soy, palm oil, cocoa and, coffee, maize and rubber) will rise to approximately 248,000 hectares of deforestation annually by 2030.
Amendment 124 #
2021/0366(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Combatting deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems constitutes an important part of the package of measures needed to reduce greenhouse gas emissions and to comply with the Union's commitment under the European Green Deal as well as with the 2015 Paris Agreement on Climate Change33, and with the legally binding commitment under the EU Climate Law to reach climate neutrality by 2050 and reduce greenhouse gas emissions by at least 55 % below 1990 levels by 2030. __________________ 33 Ratified by the EU on 5 October 2016, and entered into force on 4 November 2016.
Amendment 126 #
2021/0366(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Primary forests are unique and irreplaceable. Plantation forests and planted forests are less biodiverse and protect the environment less well than primary and natural forests; it is therefore appropriate to distinguish clearly between different types of forests in connection with the implementation of this Regulation.
Amendment 127 #
2021/0366(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Combatting deforestation, forest degradation and the conversion and degradation of other ecosystems also requires consumer awareness of healthier consumption patterns having a smaller environmental footprint.
Amendment 128 #
2021/0366(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) Plant proteins for feeding livestock contribute greatly to deforestation and the conversion of other ecosystems worldwide; deforestation and the conversion of other ecosystems can be countered in particular by reducing the Union’s dependence on imported plant proteins and promoting locally and sustainably sourced plant proteins. The achievement of the objectives of this Regulation must be accompanied by an increase in protein autonomy and the implementation of a Union strategy on plant proteins.
Amendment 130 #
2021/0366(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Union imported and consumed one third of the globally traded agricultural products associated with deforestation between 1990 and 2008. Over that period, Union consumption was responsible for 10% of worldwide deforestation associated with the production of goods or services. Even if the relative share of EU consumption is decreasing, EU consumption is a disproportionally large driver of deforestation. The Union should therefore take action to minimise global deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems driven by its consumption of certain commodities and products and thereby seek to reduce its contribution to greenhouse gas emissions and global biodiversity loss as well as promote sustainable production and consumption patterns in the Union and globally. To have the greatest impact, Union policy should aim at influencing the global market, not only supply chains to the Union. Partnerships and efficient international cooperation with producer and consumer countries are fundamental in that respect.
Amendment 132 #
2021/0366(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Halting deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems is an essential part of the SDGs. This Regulation should contribute in particular to meeting the goals regarding life on land (SDG 15), climate action (SDG 13), responsible consumption and production (SDG 12), zero hunger (SDG 2) and good health and well-being (SDG 3). The relevant target 15.2 to halt deforestation by 2020 has not been met, underlining the urgency of ambitious and effective action.
Amendment 142 #
2021/0366(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In order to ensure consistency with the Union’s commitments under the Paris Agreement, which calls for the protection of forests in order to contribute to the fight against climate change, and in the context of the review of the Union’s trade policy, sustainable forest management should be strengthened in trade agreements negotiated by the Union. Robust clauses on deforestation, forest degradation and the conversion and degradation of other ecosystems should be included where relevant in the negotiating mandates, and sustainability benchmarks for relevant raw materials should be included as part of negotiations on the granting of new trade preferences. The issue of deforestation, forest degradation and the conversion and degradation of other ecosystems should be strengthened in the implementation or in the review of the ‘trade and sustainable development’ chapters, with a differentiated approach being adopted that takes into account the development levels and economic situations of our trade partners.
Amendment 144 #
2021/0366(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) TIn coordination with the Member States, the Commission should continue to work in partnership with producer countries, and more generally in cooperation with international organisations and bodies, and should be reinforcing its support and incentives with regard to protecting forests and other ecosystems and the transition to deforestation-free production, acknowledging the role of indigenous people, improving governance and land tenure, increasing law enforcement and promoting sustainable forest management, ecotourism, climate-resilient agriculture, sustainable intensification and diversification, agro- ecology and agroforestry. In doing so it should acknowledgThe Commission should cooperate with producer countries so that they can develop national strategies for the sustainability of their relevant sectors and fully recognise the role of indigenous people in protecting forests and other ecosystems. Building upon the experience and lessons learned in the context of the already existing initiatives, the Union and the Member States should work in partnership with producer countries, upon their request, to exploit the multi- functionalities of forest and other ecosystems, support them in the transition to sustainable forest management of forests and other ecosystems, and address global challenges while meeting local needs and paying attention to the challenges faced by smallholders in line with the Communication to Stepping up Action to Protect and Restore the World’s Forests. The partnership approach should help producer countries in protecting, restoring and sustainably using forests and other ecosystems, hence contributing to the objective of this Regulation to reduce deforestation and forest degradation. , forest degradation and the conversion and degradation of other ecosystems.
Amendment 150 #
2021/0366(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) Smallholders should receive fair remuneration for their production and should not be penalised by this Regulation by having to bear costs relating to the traceability requirement and the transition to sustainable farming practices. These costs should be fairly distributed throughout the value chain. The Commission should therefore carry out an assessment, as soon as possible after the entry into force of this Regulation, of the specific needs in terms of technical and financial assistance and capacity enhancement for smallholders to comply with the new rules.
Amendment 151 #
2021/0366(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Another important action announced in the Communication is the establishment of the EU Observatory on deforestation, forest degradation, changes in the world’s forest cover and associated drivers (“EU Observatory”) launched by the Commission in order to better monitor changes in the world’s forest cover and related drivers. Moreover, building on already existing monitoring tools, including Copernicus products, the EU Observatory will facilitate access to information on supply chains for public entities, consumers and business, providing easy-to-understand data and information linking deforestation, forest degradation, and changes in the world’s forest cover to EU demand/trade for commodities and products. The EU Observatory will thus directly support the implementation of this Regulation by providing scientific evidence in regard to global deforestation and forest degradation and related trade. The EU Observatory should have stable and sufficient resources and should participate in the establishment of a rapid alert system for operators, traders, civil society and competent authorities where the forest cover analysis reveals deforestation or forest degradation activity. In order to facilitate the implementation of this Regulation, the Commission should also examine how the EU Observatory can contribute to the analysis of relevant legislation in producer countries, including tenure rights and the procedural right to give free, prior and informed consent. The EU Observatory will cooperate closely with relevant international organisations, civil society organisations, research institutes, and third countries. It will also cooperate with the competent authorities of the Member States with a view to centralising the data and the results of the controls which they carry out on the spot. As part of the review of this Regulation, the Commission should examine how the EU Observatory could also be tasked with monitoring changes in other natural carbon-rich and biodiversity-rich ecosystems covered by this Regulation.
Amendment 162 #
2021/0366(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The definition of “deforestation- free” should be sufficiently broad to cover both deforestation and forest degradation, ias well as the conversion and degradation of other ecosystems. It should provide legal clarity, and it should be measurable based on quantitative, objective and internationally recognised data.
Amendment 163 #
2021/0366(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The Regulation should cover those commodities whose Union consumption is the most relevant in terms of driving global deforestation and forest degradation as well as the conversion and degradation of other ecosystems and for which a Union policy intervention could bring highest benefits per unit value of trade. An extensive review of scientific literature, namely of primary sources estimating the impact of EU consumption on global deforestation and linking that footprint to specific commodities, was carried out as a part of the study supporting the Impact Assessment and cross-checked via extensive consultation with stakeholders. That process delivered a first list of eight commodities. Wood was directly included in the scope as it was already covered by the EUTR. The list of the commodities was then further reduced via an efficiency analysis in the Impact Assessment. This efficiency analysis compared the hectares of deforestation linked to EU consumption, as estimated in a recent research paper44, for each of those commodities with their average value of EU imports. According to the research paper used for the efficiency analysis, sixthe eight commodities analysed represent the largest sharemore than 95% of EU-driven deforestation among the total of eight commodities analysed in that research paper: palm oil (33,95%), soy (32,83%), wood (8,62%), cocoa (7,54%), coffee (7,01%) and beef (5,01%). __________________ 44 Pendrill F., Persson U. M., Kastner, T. 2020.
Amendment 170 #
2021/0366(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Obligations concerning relevant commodities and products should be laid down by this Regulation in order to effectively combat deforestation, forest degradation and the conversion and degradation of other ecosystems, and to promote deforestation- free supply chains.
Amendment 172 #
2021/0366(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Many international organisations and bodies (e.g. Food and Agriculture Organization of the United Nations, the Intergovernmental Panel on Climate Change, United Nations Environment Programme, the Paris Agreement, International Union for the Conservation of Nature, Convention on Biological Diversity) have developed work in the field of deforestation and forest degradation as well as the conversion and degradation of other ecosystems and the definitions in this Regulation build on this work.
Amendment 175 #
2021/0366(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) To strengthen the Union’s contribution to halting deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems, and to ensure that commodities and products from supply chains related to deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems are not placed on the Union market, relevant commodities and products should not be placed or made available on the Union market, nor exported from the Union market unless they are deforestation-free and have been produced in accordance with the relevant legislation of the country of production and with international human rights law, including the right to prior, free and informed consent. To confirm that this is the case, they should always be accompanied by a due diligence statement.
Amendment 181 #
2021/0366(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) On the basis of a systemic approach, operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the Union market comply with the deforestation-free and legality requirements of this Regulation. To that end, operators should establish and implement due diligence procedures. The due diligence procedure required by this Regulation should include three elements: information requirements, risk assessment and risk mitigation measures. The due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the Union market, including information demonstrating that requirements relating to the absence of deforestation and forest degradation and, forest degradation and conversion and degradation of other ecosystems are fulfilled, and that the country of production has complied with the legality requirements are fulfillednd with international human rights law, including the right to prior, free and informed consent, inter alia by identifying the country and area of production, including geo-location coordinates of relevant plots of land. These geo-location coordinates that rely on timing, positioning and/or Earth observation could make use of space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus). On the basis of this information, operators should carry out a risk assessment. Where a risk is identified, operators should mitigate such risk to achieve no or negligible risk. Only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this Regulation, should the operator be allowed to place the relevant commodity or product on the Union market or to export it.
Amendment 184 #
2021/0366(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) Operators and traders and the competent authorities of the Member States should be able to benefit from the tools made available by the Union when collecting and retranscribing the information required for the due diligence procedure. The agencies in charge of EGNOS/Galileo and Copernicus should strengthen their synergies in order to allow for a holistic approach. Operators and traders, in cooperation with the Commission, should support farmers, particularly smallholders, indigenous peoples and local communities, so that they can procure and make appropriate use of the necessary tools to collect information, including geo-location, and to take ownership of them in a sustainable manner.
Amendment 191 #
2021/0366(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) In order to recognise good practice, certification or other third party verified schemes could be used in the risk assessment procedure, however, they should notunder no circumstances substitute the operator’s responsibility as regards due diligence.
Amendment 195 #
2021/0366(COD)
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38a) There is a direct link between deforestation and the conversion of ecosystems and violations of human rights, in particular those of indigenous peoples and local communities. Special attention should be paid to their needs and their full inclusion in the implementation of this Regulation should be promoted. Full respect for international texts and standards, including ILO Convention No 160 on Indigenous and Tribal Peoples, the right to free, prior and informed consent (FPIC) as described by the FAO, and the United Nations Declaration on the Rights of Indigenous Peoples should also be promoted.
Amendment 196 #
2021/0366(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Responsibility for enforcing this Regulation should lie with the Member States, and their competent authorities should be required to ensure that this Regulation is fully complied with. A uniform enforcement of this Regulation as regards relevant commodities and products entering or leaving the Union market can only be achieved through systematic exchange of information and cooperation amongst competent authorities, customs authorities and the Commission. The Commission should, in particular, carry out an analysis of the sanctions applied by the Member States and conduct an exchange with them in order to promote harmonised implementation of this Regulation.
Amendment 202 #
2021/0366(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The effective and efficient implementation and enforcement of this Regulation are essential to achieving its goals. To this end, the Commission should set up and manage an information system to support the operators and the competent authorities in presenting and accessing the necessary information on relevant commodities and products placed on the market. The operators should submit the due diligence statements to the information system. The information system should be accessible to competent authorities and customs authorities to facilitate fulfilling their obligations under this Regulation. The information system should also be accessible for a wider public, with the anonymised datadata being anonymised – apart from information concerning the European list of non-compliant operators and traders – and provided in an open and machine- readable format in line with the Union’s Open Data Policy.
Amendment 205 #
2021/0366(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The risk of non-compliant commodities and products being placed on the Union market varies depending on the commodity and product as well as on its country of origin and production. Operators sourcing commodities and products from countries or parts thereof that present a low risk of growing, harvesting or producing relevant commodities in violation of this Regulation should be subject to fewer obligations, thereby reducing compliance costs and administrative burden. Commodities and products from high-risk countries or parts thereof should be subject to enhanced scrutiny by the competent authorities.
Amendment 209 #
2021/0366(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) For this reason, the Commission should assess the risk of deforestation and forest degradation risk, forest degradation and conversion and degradation of other ecosystems at a level of a country or parts thereof based on a range of criteria that reflect both quantitative, objective and internationally recognised data, and indications that the countries are actively engaged in fighting deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems. This benchmarking information should make it easier for operators in the Union to exercise due diligence and for competent authorities to monitor and enforce compliance, while also providing an incentive for producer countries to increase the sustainability of their agricultural production systems and reduce their impact on deforestation impactand the conversion of other ecosystems. This should help making supply chains more transparent and sustainable. This benchmarking system should be based on a threewo-tier classification of countries to be regarded as low, standard or high risk. In order to ensure appropriate transparency and clarity, the Commission should in particular make publicly available the data being used for benchmarking, the reasons for the proposed change of classification and the reply of the country concerned. For relevant commodities and products from low risk countries or parts of countries identified as low-risk, operators should be allowed to apply a simplified due diligence, whilst cCompetent authorities should be required to apply enhanced scrutiny on relevant commodities and products from high risk countries or parts of countries identified as high-risk. The Commission should be empowered to adopt implementing measures to establish the countries or parts thereof that present a low or high risk of producing relevant commodities and products that are not compliant with this Regulation. The Commission should intensify the dialogue and cooperation, in particular with countries or regions identified as high risk, in order to support them in the transition towards sustainable supply chains.
Amendment 216 #
2021/0366(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) The checks of operators and traders by competent authorities should cover the due diligence systems and the compliance of the relevant commodities and products with the provisions of this Regulation. The checks should be based on a risk-based plan of checks. The plan should contain risk criteria that enable competent authorities to carry out a risk analysis of the due diligence statements submitted by operators and traders. The risk criteria should take into account the risk of deforestation, forest degradation and conversion and degradation of other ecosystems associated to relevant commodities and products in the country of production, the history of compliance of operators and traders with the obligations of this Regulation and any other relevant information available to competent authorities. The risk analysis of due diligence statements should allow competent authorities the identification of operators, traders and relevant commodities and products to be checked, and should be carried out using electronic data processing techniques in the information system which collects the due diligence statements.
Amendment 220 #
2021/0366(COD)
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52a) The Commission should publish the names of operators and traders not in compliance with this Regulation. This could help increase the pressure from consumers and civil society on non- compliant operators and traders to source from supply chains that are free from deforestation, forest degradation and the conversion and degradation of other ecosystems.
Amendment 221 #
2021/0366(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Taking into account the international character of deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems and related trade, competent authorities should cooperate with each other, with customs authorities of the Member States, with the Commission, as well as with the administrative authorities of third countries. Competent authorities should also cooperate with the competent authorities for the supervision and enforcement of other EU legislative instruments that set out due diligence requirements in the value chain with regard to adverse human rights or environmental impacts.
Amendment 224 #
2021/0366(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) While tThis Regulation addresses deforestation and forest degradation, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, protecting forests should not lead towell as the conversion orand degradation of other natural ecosystems. Ecosystems such as wetlands, savannahs and peatlands are highly significant to global efforts to combat climate change, as well as other sustainable development goals and their conversion or degradation require particular urgent attention. To address this, the Commission should assess the need and feasibility of extending the scope to other ecosystems and to further commodities two years after the entry into force. At the same time, the Commission should also undertake a review of the relevant products as listed in Annex I of this Regulation by way of a delegated act. These other ecosystems shall be included in the scope of this Regulation in order not to shift the problem of deforestation and forest degradation to these ecosystems. These ecosystems are highly significant to global efforts to combat climate change, as well as to other sustainable development goals, and their conversion or degradation must be prevented.
Amendment 226 #
2021/0366(COD)
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54a) Two years after the entry into force of this Regulation, the Commission should present an assessment of the need to extend the list of relevant products in Annex I to other relevant commodities or products, as well as to other ecosystems.
Amendment 228 #
2021/0366(COD)
Proposal for a regulation
Recital 58
Recital 58
Amendment 230 #
2021/0366(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) Since the objective of this Regulation, fighting against deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems by reducing the contribution of consumption in the Union, cannot be achieved by the Member States individually and can therefore, by reason of its scale, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 239 #
2021/0366(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation lays down rules regarding the placing and making available on the Union market, as well as the export from the Union market, of cattle, cocoa, coffee, oil palm, soya and wood, wood, maize and rubber (“relevant commodities”) and products, as listed in Annex I, that contain, have been fed with or have been made using relevant commodities (“relevant products”), with a view to
Amendment 246 #
2021/0366(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) minimising the Union’s contribution to deforestation and forest degradation and to the conversion and degradation of other ecosystems worldwide
Amendment 253 #
2021/0366(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(ba) addressing human rights violations linked to the production of the commodities covered by this Regulation.
Amendment 267 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘deforestation’ means the conversion of forest to, in particular, agricultural or mining use, whether human-induced or not, including the conversion of primary forest to planted forest or plantation forest;
Amendment 280 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘forest’ means land spanning more than 0,5 hectares with trees higher than 5 meters and a canopy cover of more than 10%, or trees able to reach those thresholds in situ, excluding agricultural plantations and land that is predominantly underunder other use, including agricultural or urban land use;
Amendment 288 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘other ecosystems’ means land with high carbon stocks and land with a high biodiversity value, such as grasslands, savannahs, peatlands and wetlands; this definition extends to ecosystems managed by humans but having an ecological function, structure and biodiversity comparable to natural ecosystems;
Amendment 307 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘forest degradation’ means harvesting operations that are not sustainable and causeand other ecosystem degradation’ means a reduction or loss of the biological or economic productivity and complexity of forest ecosystems, resul affecting in the long-term reduction of the overall supply of benefits from forest, which includes wood, biodiversity and other procomposition of species and the structure and/or function of those forest ecosystems, whether or not the reductsion or servicdisappearances has direct human causes;
Amendment 308 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6a) ‘conversion of other ecosystems’ means changing a natural ecosystem to another land use, including the severe degradation of an ecosystem or the use of practices resulting in a lasting change in the structure, species composition or function of the ecosystem;
Amendment 311 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 323 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – introductory part
Article 2 – paragraph 1 – point 8 – introductory part
(8) ‘deforestation-free’ means that the relevant commodities and products, including those used for or contained in relevant products, were produced on land that has not been subject to deforestation, forest degradation or the conversion or degradation of other ecosystems after 31 December 2020;
Amendment 326 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
Amendment 332 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b
Article 2 – paragraph 1 – point 8 – point b
Amendment 341 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘produced’ means grown, harvested, raised, fed from (from birth to slaughter) or obtained on relevant plot of land;
Amendment 345 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
(11a) ‘right to free, prior and informed consent’ means the right of indigenous peoples and local communities to give and withdraw their consent prior to the establishment of an activity that could affect their rights, land or territories, resources, activities or food security, and to do so through representatives chosen by the local communities or indigenous peoples and in accordance with their norms, customs and values;
Amendment 383 #
2021/0366(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) they have been produced in accordance with the relevant legislation of the country of production as well as international law on human rights, in particular the rights of indigenous peoples and local communities, including the right to free, prior and informed consent; and
Amendment 391 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Operators shall exercise due diligence prior to placing relevant commodities and products on or prior to their export from the Union market in order to ensure their compliance with Article 3(a), (b) and (ba). To that end, they shall use a framework of procedures and measures, hereinafter referred to as a ‘due diligence’, as set out in Article 8.
Amendment 395 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 5 – point a
Article 4 – paragraph 5 – point a
(a) the relevant commodities and products are not compliant with Article 3(a), (b) or (ba);
Amendment 397 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 5 – point b
Article 4 – paragraph 5 – point b
(b) the exercise of due diligence has revealed a non-negligible risk that the relevant commodities and products are not compliant with Article 3(a), (b) or (ba);
Amendment 401 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Operators that have received new information, including substantiated concerns, or information provided via the rapid alert mechanism, that the relevant commodity or product that they have already placed on the market is notat risk of not being in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they placed the relevant commodity or product on the market. In the case of exports from the Union market, the operators shall inform the competent authority of Member State which is the country of production.
Amendment 405 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. Operators shall take the necessary measures: (a) to consult broadly and without delay with the stakeholders potentially impacted by this Regulation, in particular those that are most vulnerable; and (b) to provide adequate assistance and fair remuneration to their suppliers, in particular small operators, so that they can comply with the rules, in particular with regard to the geolocation requirement, and to ensure that the costs resulting from the implementation of this Regulation are fairly shared among the different actors in the value chain.
Amendment 452 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point h
Article 9 – paragraph 1 – point h
(h) adequate and verifiable information that the production has been conducted in accordance with relevant legislation of the country of production, including any arrangement conferring the right to use the respective area for the purposes of the production of the relevant commoditythe legal status of land (ownership/title including both formal and customary rights of indigenous peoples and local communities to lands, territories and resources) and evidence of free, prior and informed consent;
Amendment 457 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point h a (new)
Article 9 – paragraph 1 – point h a (new)
(ha) information on the working conditions of the people who were responsible for the harvesting, processing and treatment of the relevant commodities and products and the conditions under which those activities took place, for the purpose of verifying compliance with the human rights obligations of this Regulation;
Amendment 477 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) the presence of forests and other ecosystems in the country and area of production of the relevant commodity or product;
Amendment 483 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) prevalence of deforestation or forest degradation, forest degradation or conversion or degradation of other ecosystems in the country, region and area of production of the relevant commodity or product;
Amendment 488 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) concerns in relation to the country of production and origin, such as level of corruption, prevalence of document and data falsification, lack of law enforcement, violations of human rights and of the rights of indigenous peoples and local communities, armed conflict or presence of sanctions imposed by the United Nations Security Council or the Council of the European Union;
Amendment 494 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point g
Article 10 – paragraph 2 – point g
(g) the risk of mixing with products of unknown origin or produced in areas where deforestation or forest degradation, forest degradation or conversion or degradation of other ecosystems has occurred or is occurring;
Amendment 495 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point i a (new)
Article 10 – paragraph 2 – point i a (new)
(ia) information provided via the rapid alert mechanism;
Amendment 501 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Except where the analysis undertaken in accordance with paragraph 1 allows the operator to ascertain that there is no or negligible risk that the relevant commodities or products are not compliant with the requirements of this Regulation, the operator shall adopt prior to placing the relevant commodities and products on the Union market or to their export risk mitigation procedures and measures that are adequate to reach no or negligible risk. This may include requiring additional information, data or documents, undertaking independent surveys or audits, strengthening the capacities of and providing adequate support to suppliers to modify their practices or other measures pertaining to information requirements set out in Article 9.
Amendment 523 #
2021/0366(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Unless otherwise provided by other EU legislative instruments that lay down requirements regarding sustainability value chain due diligence, operators which are not SMEs shall, on an annual basis, publicly report as widely as possible, including on the internet, on their due diligence system including on the steps taken by them to implement their obligations as set out in Article 8 and the necessary measures set out in Article 4(7a). Operators falling also within the scope of other EU legislative instruments that lay down requirements regarding value chain due diligence may fulfil their reporting obligations under this paragraph by including the required information when reporting in the context of other EU legislative instruments.
Amendment 532 #
2021/0366(COD)
Proposal for a regulation
Article 12
Article 12
Amendment 573 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. To carry out the checks referred to in paragraph 1, the competent authorities shall establish a plan based on a risk-based approach. The plan shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. In establishing and reviewing the risk criteria, the competent authorities shall take into account in particular the assignment of risk to countries or parts thereof in accordance with Article 27, the history of compliance of an operator or trader with this Regulation and any other relevant information. Based on the results of the checks and the experience on implementation of the plans, the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness. When reviewing the plans, the competent authorities shallmay establish a reduced frequency of checks for those operators and traders who have shown a consistent record of full compliance with the requirements under this Regulation.
Amendment 585 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 11
Article 14 – paragraph 11
11. Without prejudice to the checks under paragraphs 5 and 6, competent authorities shall conduct checks referred to in paragraph 1 when they are in possession of evidence or other relevant information, including based on the rapid alert mechanism or on substantiated concerns provided by third parties under Article 29, concerning potential non-compliance with this Regulation.
Amendment 591 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 13
Article 14 – paragraph 13
13. The competent authorities shall keep records of the checks indicating in particular their nature and results, as well as on the measures taken in case of non- compliance. Records of all checks shall be kept for at least 510 years.
Amendment 596 #
2021/0366(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c a (new)
Article 15 – paragraph 1 – point c a (new)
(ca) the use of any technical and scientific means to determine whether the relevant commodity or product is ‘deforestation free’, including Earth observation data such as that obtained from the Copernicus programme and tools;
Amendment 604 #
2021/0366(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point g
Article 15 – paragraph 1 – point g
Amendment 616 #
2021/0366(COD)
Proposal for a regulation
Article 18 – paragraph -1 (new)
Article 18 – paragraph -1 (new)
-1. Without prejudice to the obligation of operators to exercise due diligence as provided for in Article 8 and in order to provide assistance to operators and competent authorities in checking the legality requirement referred to in Article 3(b), the Commission shall draw up a non-exhaustive list of relevant legislation in producer countries in consultation with them and any other relevant stakeholders, in particular indigenous peoples and local communities.
Amendment 617 #
2021/0366(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Competent authorities shall cooperate with each other, with authorities from other Member States, with the Commission, and, if necessary, with administrative authorities of third countries in order to ensure compliance with this Regulation, including as regards the implementation of field audits.
Amendment 618 #
2021/0366(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Competent authorities shall exchange information necessary for the enforcement of this Regulation. This shall include giving access to and exchange of data on operators and traders including due diligence statements, the nature and results of the controls carried out and any sanctions imposed with other Member States’ competent authorities to facilitate the enforcement of this Regulation.
Amendment 621 #
2021/0366(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. At the request of a competent authority, Member States shall provide to it, without undue delay, the necessary information to ensure compliance with this Regulation.
Amendment 626 #
2021/0366(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall make available to the public and the Commission, at the latest by 30 April of each year, information on the application of this Regulation during the previous calendar year. This information shall include their plans for checks, the number and the results of the controls carried out on operators and traders, including the contents of these checks, the volume of relevant commodities and products checked in relation to the total quantity of relevant commodities and products placed on the market, the countries of origin and of production of relevant commodities and products as well as the measures taken in case of non-compliance, including the sanctions imposed, and the costs of controls recovered.
Amendment 628 #
2021/0366(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission services shall make publicly available, on an annual basis, a Union-wide overview of the application of this Regulation based on the data submitted by the Member States under paragraph 1. Where appropriate, and in order to promote the effective implementation of this Regulation, the Commission shall make recommendations with a view to encouraging the harmonisation of sanctions between Member States.
Amendment 641 #
2021/0366(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Where relevant commodities or products were produced in a country or part thereof listed as high risk in accordance with Article 27, or there is a risk of relevant commodities or products produced in such countries or parts thereof entering the relevant supply chain, each Member State shall ensure that the annual checks carried out by their competent authorities cover at least 1520% of the operators placing, making available on or exporting from the Union market each of the relevant commodities on their market as well as 1520% of the quantity of each of the relevant commodities placed or made available on or exported from their market from high risk countries or parts thereof.
Amendment 644 #
2021/0366(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Where, following the checks referred to in Article 15 and 16, possible serious shortcomings have been detected, or risks have been identified pursuant to Article 14(6), the competent authorities may take immediate interim measures, including seizure or suspension of the placing or making available on and exporting from the Union market of the relevant commodities and products. Member States shall inform the Commission and the competent authorities of other Member States about such measures directly.
Amendment 649 #
2021/0366(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Without prejudice to Article 23, where competent authorities establish that an operator or trader has not complied with its obligations under this Regulation or that a relevant commodity or product is not compliant with this Regulation, they shall without delay require the relevant operator or trader to take appropriate and proportionate corrective action to bring the non-compliance to an end as soon as possible.
Amendment 655 #
2021/0366(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) destroyonating the relevant commodity or product or donating it to charitable or public interest purposes.
Amendment 658 #
2021/0366(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point d a (new)
Article 22 – paragraph 2 – point d a (new)
(da) rectifying flaws in the exercise of due diligence in order to prevent possible future infractions.
Amendment 681 #
2021/0366(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point d a (new)
Article 23 – paragraph 2 – point d a (new)
(da) in the case of serious or repeated violations, suspension or withdrawal of the right to submit due diligence statements;
Amendment 690 #
2021/0366(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Without prejudice to the obligations under Directive 2008/99/EC, Member States shall apply criminal sanctions in the case of serious or repeated violations of this Regulation.
Amendment 693 #
2021/0366(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23a Establishment of a European list of non- compliant operators and traders 1. The Commission shall draw up a list of operators and traders who have failed to fulfil their obligations under this Regulation. An operator or trader shall be included on that list if an administrative authority or a court of a Member State has imposed on it, in accordance with Article 23 of this Regulation, sanctions which are final. 2. Member States shall notify the Commission without delay of any final administrative or criminal sanction or penalty imposed on an operator or trader for failure to comply with its obligations under this Regulation. 3. Upon receipt of such notification the Commission shall, without delay, include the operator or trader concerned on the list and inform the operator and trader concerned of its inclusion, and update the information system (‘Register’) referred to in Article 31. 4. Member States shall establish more frequent checks on operators and traders on the list, including at least one check within two years of their inclusion on the list.
Amendment 694 #
2021/0366(COD)
Proposal for a regulation
Article 23 b (new)
Article 23 b (new)
Article 23b Removal from the European list of non- compliant operators and traders The Commission shall remove an operator or trader from the list of non- compliant operators and traders referred to in Article 23a two years after the last administrative or criminal sanction or penalty, provided no other administrative or criminal sanction or procedure concerning an alleged infringement has been reported. The Commission shall, without undue delay, notify the competent authorities of the removal of an operator or trader from the list and update the information system (‘Register’) referred to in Article 31.
Amendment 695 #
2021/0366(COD)
Proposal for a regulation
Article 23 c (new)
Article 23 c (new)
Amendment 708 #
2021/0366(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The Commission shall develop an electronic interface based on the EU Single Window Environment for Customs to enable the transmission of data, in particular the notifications and requests referred to in Article 24, paragraphs 5 to 8, between national customs systems and the information system referred to in Article 31. This electronic interface shall be in place at the latest fourone years from the date of adoption of the relevant implementing act referred to in paragraph 3.
Amendment 711 #
2021/0366(COD)
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. The Commission mayshall develop an electronic interface based on the EU Single Window Environment for Customs to enable:
Amendment 720 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. This Regulation establishes a threewo- tier system for the assessment of countries or parts thereof. Unless identified in accordance with this Article as presenting a low or high risk, countries shall be considered as presenting a standard risk. The Commission may identify countries or parts thereof that present a low or high risk of producing relevant commodities or products that are not compliant with Article 3, point (a). The list of the countries or parts thereof that present a low or high risk shall be published by means of implementing act(s) to be adopted in accordance with the examination procedure referred to in Article 34(2). That list shall be updated as necessary in light of new evidence.
Amendment 724 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The identification of low and high risk countries or parts thereof pursuant to paragraph 1 shall take into account information provided by the country concerned and by other stakeholders, such as civil society, including indigenous peoples and local communities, and be based on the following assessment criteria:
Amendment 731 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) rate of deforestation and forest, forest degradation and ecosystem conversion and degradation,
Amendment 741 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point d
Article 27 – paragraph 2 – point d
(d) whether the nationally determined contribution (NDC) to the United Nations Framework Convention on Climate Change covers emissions and removals from agriculture, forestry and land use which ensures that emissions from deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems are accounted towards the country's commitment to reduce or limit greenhouse gas emissions as specified in the NDC;
Amendment 744 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point e
Article 27 – paragraph 2 – point e
(e) agreements and other instruments concluded between the country concerned and the Union that address deforestation or forest degradation, forest degradation and the conversion and degradation of other ecosystems and facilitates compliance of relevant commodities and products with the requirements of this Regulation and their effective implementation;
Amendment 745 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point f
Article 27 – paragraph 2 – point f
(f) whether the country concerned has national or subnational laws in place, including in accordance with Article 5 of the Paris Agreement and the United Nations Declaration on the Rights of Indigenous Peoples, and takes effective enforcement measures to avoid and sanction activities leading to deforestation and forest degradation or the conversion and degradation of other ecosystems, as well as the human rights violations linked to these phenomena, and in particular whether sanctions of sufficient severity to deprive of the benefits accruing from deforestation or forest degradation, forest degradation or the conversion and degradation of other ecosystems are applied.
Amendment 759 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 2 – point c
Article 27 – paragraph 3 – subparagraph 2 – point c
(c) the consequences of its identification as a high or low risk country.
Amendment 762 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 4 a (new)
Article 27 – paragraph 4 a (new)
4a. Where a country is placed in the higher risk category, the Commission shall propose that the country engage in sustained dialogue and cooperation, in accordance with Article 28, in order to develop an ongoing partnership aimed at creating the necessary conditions for that country to be able to return to the standard risk category.
Amendment 765 #
2021/0366(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The CommissionIn a coordinated approach, the Commission and the Member States shall engage with producer countries concerned by this Regulation to develop partnerships and cooperation to jointly address deforestation and forest degradation. Such partnerships and cooperation mechanisms, forest degradation and the conversion and degradation of other ecosystems, as well as the human rights violations linked to these phenomena. Such partnerships and cooperation mechanisms shall prioritise countries in the higher risk category pursuant to Article 27 and will focus on the conservation, restoration and sustainable use of forests, deforestation, forest degradation and the conversion and degradation of other ecosystems, and the transition to sustainable commodity production, consumption, processing and trade methods and, where appropriate, the development of ecotourism based on sustainable management of forests and other biodiversity-rich ecosystems. Partnerships and cooperation mechanisms may include structured dialogues, adequate support programmes and actions, administrative arrangements and provisions in existing agreements or agreements that enable producer countries to make the transition to an agricultural production that facilitates the compliance of relevant commodities and products with the requirements of this regulation. Partnerships and cooperation mechanisms shall pay particular attention to smallholders in order to enable them to transition to sustainable farming practices and to comply with the requirements of this Regulation. In the context of programming under the Global Europe instrument, adequate financial resources must be available to help meet the support needs of smallholders. Such agreements and their effective implementation will be taken into account as part of the benchmarking under Article 27 of this Regulation.
Amendment 771 #
2021/0366(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Partnerships and cooperation shall have adequate financial resources and shall take full account of the information and alerts provided by the EU Observatory. They should allow the full participation of all stakeholders, including civil society, indigenous people, local communities, women and the private sector including, SMEs and smallholders.
Amendment 776 #
2021/0366(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Partnerships and cooperation shall promote the development of integrated land use planning processes, relevant legislations, fiscalincluding tenure rights and the procedural right to give or withhold free, prior and informed consent, fiscal or trade incentives and other pertinent tools to improve forest, other ecosystem and biodiversity conservation, sustainable management and restoration of forests, tackle the conversion of forests and vulnerable ecosystems to other land uses, optimise gains for the landscape, tenure security, agriculture productivity and competitiveness, transparent supply chains, strengthen the rights of forest or other ecosystem dependent communities including smallholders, indigenous peoples and local communities, and ensure public access to forest management documents and other relevant information.
Amendment 779 #
2021/0366(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Commission shall engage in international bilateral and multilateral discussion on policies and actions to halt deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems, including in multilateral fora such as Convention on Biological Diversity, Food and Agriculture Organization of the United Nations, United Nations Convention to Combat Desertification, United Nations Environment Assembly, United Nations Forum on Forests, United Nations Framework Convention on Climate Change, World Trade Organisation, G7 and G20. Such engagement shall include the promotion of the transition to sustainable agricultural production and sustainable forest and other ecosystems management as well as the development of transparent and sustainable supply chains as well as continue efforts towards identifying and agreeing robust standards and definitions that ensure a high level of protection of forest and other ecosystems.
Amendment 790 #
2021/0366(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Competent authorities shall, without undue delay, diligently and impartially assess the substantiated concerns and take the necessary steps, including checks and hearings of operators and traders, with a view to detecting potential breaches of the provisions of this Regulation and, where appropriate, interim measures under Article 21 to prevent the placing making available on and export from the Union market of relevant commodities and products under investigation.
Amendment 793 #
2021/0366(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The competent authority shall, as soon as possible and no later than 30 days from the receipt of the substantiated concern and in accordance with the relevant provisions of national law, inform the natural or legal persons referred to in paragraph 1, which submitted observations to the authority, of its decision to accede to or refuse the request for action and shall provide the reasons for it.
Amendment 815 #
2021/0366(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The Commission shall establish and maintain, by the date established in Article 36(2), an information system (“Register”) which shall contain the due diligence statements made available pursuant to Article 4(2) and the European list of non- compliant operators and traders referred to in Article 23b.
Amendment 817 #
2021/0366(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point c
Article 31 – paragraph 2 – point c
(c) registration of the outcome of controls on due diligence statements and the sanctions imposed;
Amendment 818 #
2021/0366(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point e
Article 31 – paragraph 2 – point e
(e) registration of the European list of non-compliant operators and traders and allow the risk profiling of operators, traders and relevant commodities and products for the purpose of identifying high risk consignments according to the risk analysis in Article 14(4);
Amendment 823 #
2021/0366(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. IWithout prejudice to the provisions laid down in Articles 23a, 23b and 23c on the European list of non-compliant operators and traders and in line with the EU’s Open Data Policy, and in particular the Directive (EU) 2019/102451 , the Commission shall provide access to the wider public to the complete anonymised datasets of the information system in an open format that can be machine-readable and that ensures interoperability, re-use and accessibility. __________________ 51 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56–83).
Amendment 827 #
2021/0366(COD)
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Amendment 831 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. No later than two years after the entry into force, the Commission shall carry out a first review of this Regulation, and shall present a report to the European Parliament and the Council accompanied, if appropriate, by a legislative proposal. The report shall focus in particular on an evaluation of the need and the feasibility of extending the scope of this Regulation to other ecosystems, including land with high carbon stocks and land with a high biodiversity value such as grasslands, peatlands and wetlands and further commoditiesas well as on proposals for additional support measures for farmers, in particular smallholders, indigenous peoples and local communities on the basis of the impact assessment and continuous assessment carried out under Article 31a.
Amendment 847 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point a (new)
Article 32 – paragraph 2 – point a (new)
(aa) sanctions imposed by Member States and the need for and feasibility of encouraging harmonisation between Member States in order to ensure more effective implementation of the Regulation
Amendment 848 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point b
Article 32 – paragraph 2 – point b
Amendment 856 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Without prejudice to the general review under paragraph 1, a first review of Annex I shall be carried out by the Commission no later than two years after the entry into force of this Regulation, and thereafter at regular intervals in order to assess whether it is appropriate to amend or extend the relevant products listed in Annex I in order to ensure that all products that contain, have been fed with or have been made using relevant commodities are included in that list, unless the demand for those products has a negligible effect on deforestation, forest degradation and the conversion and degradation of other ecosystems. The reviews shall be based on an assessment of the effect of the relevant commodities and products on deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems, and take into account changes in consumption, as indicated by scientific evidence.
Amendment 342 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2013/36/EU
Article 76 – paragraph 2 – subparagraph 2
Article 76 – paragraph 2 – subparagraph 2
Member States shall ensure that the management body develops specific plans and quantifiable targets to monitor and address the risks arising in the short, medium and long-term from the misalignment of the business model and strategy of the institutions, with the Regulation (EU) 2021/1119 (European Climate Law), and other relevant Union policy objectives or broader transition trends towards a sustainable economy in relation to environmental, social and governance factors.;
Amendment 347 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b a (new)
Article 1 – paragraph 1 – point 14 – point b a (new)
Directive 2013/36/EU
Article 76 – paragraph 2 a (new)
Article 76 – paragraph 2 a (new)
(ba) the following paragraph is inserted: ‘2a. To ensure coherence with Directive 2021/0104(COD), the transition plans shall include implementing actions and related financial and investment plans, to ensure that the undertaking's business model and strategy are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement; and the objective of achieving climate neutrality by 2050 as established in Regulation (EU) 2021/1119 (European Climate Law), and where relevant, the exposure of the undertaking to coal, oil and gas-related activities. Those plans shall also include emissions on scope 1, scope 2 and, where relevant, scope 3 greenhouse gas emissions; a description of the time-bound targets related to sustainability matters set by the undertaking, including where appropriate absolute greenhouse gas emission reduction targets at least for 2030 and 2050, a description and of the progress the undertaking has made towards achieving those targets, and a specification of whether the undertaking’s targets related to environmental matters are based on conclusive scientific evidence.’
Amendment 361 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2013/36/EU
Article 87 a – paragraph 4
Article 87 a – paragraph 4
4. Competent authorities shall assess and monitor developments of institutions’ practices concerning their environmental, social and governance strategy and risk management, including the plans to be prepared in accordance with Article 76, as well as the progress made and the risks towards achieving the targets set in accordance with Article 76 in order to adapt their business models to the relevant policy objectives of the Union or broader transition trends towards a sustainable economy, taking into account sustainability related product offering, transition finance policies, related loan origination policies, and environmental, social and governance related targets and limits.
Amendment 372 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2013/36/EU
Article 87 a – paragraph 5 – subparagraph 1 – point d a (new)
Article 87 a – paragraph 5 – subparagraph 1 – point d a (new)
(da) the methodologies and the content of the plans, targets and criteria mentioned in (a), (b), (c) and (d)of this paragraph shall be aligned, where relevant, to sustainability reporting as defined in Directive [CSRD]
Amendment 521 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Directive 2013/36/EU
Article 98 – paragraph 9 – subparagraph 1 a (new)
Article 98 – paragraph 9 – subparagraph 1 a (new)
The assessment of the institutions’ plans and targets, as well as the progress made towards achieving those targets, as referred to in Article 76(2), to achieve climate neutrality by 2050 at the latest, set out in Regulation (EU) 2021/1119 as well as other relevant Union policy objectives in relation to environmental, social and governance factors.
Amendment 527 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25 – point a – point ii a (new)
Article 1 – paragraph 1 – point 25 – point a – point ii a (new)
Directive 2013/36/EU
Article 104 – paragraph 1 – point m a (new)
Article 104 – paragraph 1 – point m a (new)
(ma) require the reinforcement of the climate targets, transition plans, and actions implemented in accordance with Article 76.
Amendment 216 #
2021/0295(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In its Communication of 11 December 2019 on the European Green Deal19 , the Commission made a commitment to integrate better into the Union’s prudential framework the management of climate and environmental risks. The European Green Deal is the Union’s new growth strategy, which aims to transform the Union into a modern, resource-efficient and competitive economy with no net emissions of greenhouse gases by 2050. It will contribute to the objective of building an economy that works for the people, strengthening the Union’s social market economy, helping to ensure that it is future-ready and that it delivers stability, jobs, growth and investment. In its proposal of 4 March 2020 for a European Climate Law, the Commission proposed to make the objective of climate neutrality and climate resilience by 2050 binding in the Union. That proposal was adopted by the European Parliament and by the Council and it entered into force on 29 July 202120 . The Commission’s ambition to ensure global leadership by the EU on the path towards 2050 was reiterated in the 2021 Strategic Foresight Report21 , which identifies the building of resilient and future-proof economic and financial systems as a strategic area of action. To reflect that ambition, the insurance framework should be updated to ensure that insurance and reinsurance undertakings manage and mitigate climate and environmental risks. __________________ 19 COM(2019)640 final 20 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1). 21 COM(2021)750 final
Amendment 219 #
2021/0295(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The EU sustainable finance framework will play a key role in meeting the targets of the European Green Deal and environmental regulation should be complemented by a sustainable finance framework which channels finance to investments that reduce exposure to these climate and environmental risks. In its Communication of 6 July 2021 on a Strategy for Financing the Transition to a Sustainable Economy22 , the Commission committed to propose amendments to Directive 2009/138/EC to consistently integrate sustainability risks in risk management of insurers by requiring climate change scenario analysis by insurers. As a result, sustainability risks should be reflected in underwriting and investment decisions. __________________ 22 COM(2021)390
Amendment 223 #
2021/0295(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) To ensure an orderly transition towards the objective of carbon neutrality as established in Regulation (EU) 2021/1119(European Climate Law), insurance and reinsurance undertakings in the scope of Directive (EU) 2021/0104 (COD) [CSRD Directive], as regards corporate sustainability reporting shall develop and adopt a transition plan to ensure that their business model and strategy are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement.
Amendment 248 #
2021/0295(COD)
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27 a) EIOPA is required to initiate and coordinate Union-wide assessments of the resilience of financial institutions to adverse market developments according to Article 32 of Regulation (EU) No 1094/2010. A first IORP stress test was launched in April 2022 with results expected in December 2022. Similarly, national supervisory authorities should perform stress tests on climate but also on environmental and social risks.
Amendment 250 #
2021/0295(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In order to guarantee the highest degree of accuracy of the information disclosed to the public, a substantial part of the solvency and financial condition report should be subject to audit. Such audit requirement should cover the balance sheet assessed in accordance with the valuation criteria set out in Directive 2009/138/EC.
Amendment 296 #
2021/0295(COD)
Proposal for a directive
Recital 78
Recital 78
(78) Achieving the environmental and climate ambitions of the Green Deal requires the channelling of large amounts of investments from the private sector, including from insurance and reinsurance companies, towards sustainable investments. The provisions of Directive 2009/138/EC on the capital requirements should not impede sustainable investments by insurance and reinsurance undertakings but should reflect the full risk of investments in environmentally harmful activities. While there is not sufficient evidence at this stage on risk differentials between environmentally or socially harmful and other investments, such evidence may become available over the next years. In order to ensure an appropriate assessment of the relevant evidence, EIOPA should monitor and report by 2023 on the evidence on the risk profile of environmentally, including fossil fuel-related assets, or socially harmful investments. Where appropriate, EIOPA’s report should advise on changes to Directive 2009/138/EC and to the delegated and implementing acts adopted pursuant to that Directive. EIOPA may also inquire whether it would be appropriate that certain environmental risks, other than climate change-related, should be taken into account and how. For instance, if evidence so suggests, EIOPA could analyse the need for extending scenario analyses as introduced by this Directive in the context of climate change-related risks to other environmental risks.
Amendment 437 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21 – point c
Article 1 – paragraph 1 – point 21 – point c
Directive 2009/138/EC
Article 41 – paragraph 3 – subparagraph 1
Article 41 – paragraph 3 – subparagraph 1
3. Insurance and reinsurance undertakings shall have written policies in relation to at least risk management, internal control, internal audit, remuneration, stewardship and, where relevant, outsourcing and a written transition plan as described in Article 44a. They shall ensure that those policies arend the transition plan are properly implemented.
Amendment 466 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point b c (new)
Article 1 – paragraph 1 – point 23 – point b c (new)
Directive 2009/138/EC
Article 44 – paragraph 4 a (new)
Article 44 – paragraph 4 a (new)
(bc) the following paragraph is inserted: "4a. The risk management system shall cover any sustainability risks to which the insurance or reinsurance undertaking is exposed to."
Amendment 476 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 23 a (new)
Article 1 – paragraph 1 – point 23 a (new)
Directive 2009/138/EC
Article 44 a (new)
Article 44 a (new)
(23a) The following article is inserted: 'Article 44a Transition plan 1. In order to demonstrate alignment with the Green Deal and the objective of carbon neutrality by 2050 at the latest as established in Regulation (EU) 2021/1119(European Climate Law),insurance and reinsurance undertakings in scope of Directive (EU)2021/0104 (COD) [CSRD Directive] shall develop and adopt a transition plan by no later than [1 year after the date of the application of the Directive]. 2. The plan shall be approved by the administrative, management or supervisory body of the insurance or reinsurance undertaking. The plan shall be reviewed at least every 2 years. 3. The plan shall be subject to the disclosure obligations referred to in article 19aand article 29a of the Directive amending Directive 2013/34/EU, Directive 2004/109/EC, Directive2006/43/EC and Regulation (EU) No 537/2014, as regards corporate sustainability reporting.'
Amendment 505 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2009/138/EC
Article 45a – paragraph 5
Article 45a – paragraph 5
5. By way of derogation from paragraphs 2, 3 and 4, insurance and reinsurance undertakings that are classified as low-risk profiAt regular intervals, the undertaking concerned shall perform a backward analysis on previous climate change scenarios to disclose to what extent their tools and principles undertakings shall neither be required to specify climate change scenarios nor to assess their impactsed when conducting their long-term climate change scenario analyses lead to an overestimation or underestimation onf the business of the undertaking.;materiality of its exposure to climate change risks.
Amendment 508 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2009/138/EC
Article 45a – paragraph 5 a (new)
Article 45a – paragraph 5 a (new)
5a. In order to ensure common, uniform and consistent application of this Article, EIOPA shall develop guidelines to facilitate common supervisory tools and specify the principles to be used when conducting long-term climate change scenario analyses referred to in Article 45a.
Amendment 518 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point b
Article 1 – paragraph 1 – point 26 – point b
Directive 2009/138/EC
Article 51 – paragraph 1a – point b
Article 51 – paragraph 1a – point b
(b) a brief description of the capital management and the risk profile of the undertaking., including in relation to sustainability risks;
Amendment 519 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point b
Article 1 – paragraph 1 – point 26 – point b
Directive 2009/138/EC
Article 51 – paragraph 1a – points b a (new) and b b (new)
Article 51 – paragraph 1a – points b a (new) and b b (new)
(b a) where the undertaking conducts a climate scenario analysis described in Article 45a, a description of the latest results; (b b) a description of the implementation of the transition plan described in Article 44a.
Amendment 541 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Directive 2009/138/EC
Article 51a – paragraph 1
Article 51a – paragraph 1
1. For insurance and reinsurance undertakings other than low-risk profile undertakings and captive insurance undertakings and captive reinsurance undertakings, the balance sheet disclosed as part of the solvency and financial condition report or as part of the single solvency and financial condition report shall be subject to an audit requirement.
Amendment 774 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Directive 2009/138/EC
Article 256c – paragraph 1
Article 256c – paragraph 1
1. Member States shall require a participating insurance or reinsurance undertaking, an insurance holding company or a mixed financial holding company of a group, to be subject to an audit requirement for the consolidated balance sheet disclosed as part of the group solvency and financial condition report or as part of the single solvency and financial condition report.
Amendment 782 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 91
Article 1 – paragraph 1 – point 91
Directive 2009/138/EC
Article 304a – paragraph 1 – subparagraph 1
Article 304a – paragraph 1 – subparagraph 1
1. EIOPA, after consulting the ESRB, shall assess, on the basis of available data and the findings of the Platform on Sustainable Finance referred to in Article 20 of Regulation (EU) 2020/852 of the European Parliament and of the Council* and the EBA in the context of its work under the mandate set out in Article 501c, point (c), of Regulation (EU) 575/2013 whether a dedicated prudential treatment of exposures related to assets or activities associated substantially with environmental or social objectives would be justified. In particular, EIOPA shall assess the potential effects of a dedicated prudential treatment of exposures related to assets and activities which are associated substantially with environmental and/or social objectives or which are associated substantially with harm to such objectives on the protection of policy holders and financial stability in the Union, including fossil fuel related- assets.
Amendment 792 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 91
Article 1 – paragraph 1 – point 91
Directive 2009/138/EC
Article 304a – paragraph 2 a (new)
Article 304a – paragraph 2 a (new)
2a. EIOPA shall evaluate whether and to what extent insurance and reinsurance undertakings assess their material exposure to biodiversity-related risks as part of the assessment referred to in Article 45(1). EIOPA shall subsequently assess which actions should be taken to ensure that insurance and reinsurance undertakings dully consider these risks. EIOPA shall submit a report on its findings to the Commission by 28 June 2023.
Amendment 2 #
2020/2275(INI)
Draft opinion
Paragraph 1 – point 1
Paragraph 1 – point 1
1. ‘whereas the citizens of the Union have the right enshrined in Article 11(4) TEU to apply to the Commission directly to ask it to submit a proposal, within the framework of its powers, for a legal act of the Union for the purpose of implementing the Treaties; whereas the Court of Justice of the European Union has confirmed in its case law that the notion of a ‘legal act for the purpose of implementing the Treaties’ should not be interpreted restrictively and that by virtue of Article 288 TFEU such an act can mean both legislative and non- legislative measures’; whereas, in that same spirit, the EU competences relevant to the proposal should also not be interpreted restrictively;
Amendment 3 #
2020/2275(INI)
Draft opinion
Paragraph 2 – point 2
Paragraph 2 – point 2
2. ‘whereas the Commission has listed a number of problems relating to the implementation of Regulation (EU) 2011/211 and whereas the new Regulation (EU) 2019/788 aims to address those issues in detail with regard to the effectiveness of the ECI as an instrument, and to bring improvements to the way it operates; whereas its implementation needs to be assessed effectively and in a timely manner, i.e. no later than 1January 2024, and every four years thereafter’;
Amendment 6 #
2020/2275(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Paragraph 22 of the draft report of the Committee on Petitions touching upon the exclusive competences of AFCO should be changed as follows: 'Calls on the Ombudsman to check that the Union’s interests are not undermined by maladministration, cases of corruption or conflicts of interest, including in the context of Next Generation EU, the European recovery plan; emphasises that respect for the rule of law is an essential condition for access to EU funds; takes the view that this conditionality concerning respect for the rule of law and the fact that the European Union does not compromise on its values are factors that can strengthen citizens’ trust in the Union';
Amendment 9 #
2020/2275(INI)
Draft opinion
Paragraph 6 – point 6 a (new)
Paragraph 6 – point 6 a (new)
6 a. 'Believes that, in accordance with Article 15 of Regulation (EU) 2019/788 on the ECI, in case the Commission, within the given deadlines, has failed to publish its intentions, or has set out in a communication that it intends not to take action on an ECI which has met the procedural requirements and is in line with the Treaties, in particular the core values of the Union, enshrined in Article 2 of the TEU, Parliament could, in line with Rule 222 of its Rules of Procedures, decide to follow up on the ECI with a legislative own-initiative report (INL); urges the Commission to commit itself to submitting a legislative proposal following Parliament’s adoption of such an INL; proposes in that regard to modify the current framework agreement between Parliament and the Commission; asks that the ECI regulation be amended to incentivise the Commission to table a legislative proposal where the ECI submitted meets the relevant requirements';
Amendment 10 #
2020/2275(INI)
Draft opinion
Paragraph 7 – point 7
Paragraph 7 – point 7
7. ‘Calls on the Commission to clearly inform the public about the division of competences between the Union and the Member States to make sure that ECIs concern subjects and issues that fall within the remit of EU competences to propose legal acts, and to provide practical and timely advice to the organisers on the drafting of ECIs and make adequate use of the possibility to partially register an ECI; emphasises that recently registered and ongoing ECIs have called for the EU to take more action, particularly in the fields of environmental protection, human and animal health, and civil and political rights’; therefore reiterates the need to give the EU competences relevant to the proposal the broadest possible interpretation';
Amendment 14 #
2020/2275(INI)
Draft opinion
Paragraph 8 – point 8
Paragraph 8 – point 8
8. ‘Asks the Commission to fully assess experiences with the introduction ofevaluate the temporary measures in Regulation (EU) 2020/1042, with particular regard to the extension of the collection periods and its impact on organisers’ ability to mobilise support for their ECIs, in order to inform inter alia the review process of Regulation (EU) 2019/788’;
Amendment 16 #
2020/2275(INI)
Draft opinion
Paragraph 10 – point 10
Paragraph 10 – point 10
10. ‘Highlights the need to establish a proper follow-up mechanism for unsuccessful ECIs in order to takeeffectively assess citizens’ input seriously, including redirecting citizens to the Committee on Petitions, as the lack of impact could lead to disengagement; underlines the role that the Committee on Petitions must play throughout hearing processes; calls on the Commission to collaborate in a timely manner with Parliament after an ECI is deemed valid in order to enable Parliament to make full use of the three-month period for the organisation of hearings and prepare the plenary debates and resolutions on valid ECIs; insists that the objective of the longer timeframe under Regulation (EU) 2019/788 by which the Commission should respond to valid ECIs is fundamentally to enable the Commission to take full account of the views and positions on the ECIs expressed during the examination phase and to take due consideration of the possible options for the proposals for legal acts’;
Amendment 24 #
2020/2272(ACI)
Proposal for a decision
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Proposes that the annual report will include information on registrants who have been convicted for fraud, corruption, non-payment of tax or social security obligations, or who are based in the list of non-cooperative tax jurisdictions;
Amendment 25 #
2020/2272(ACI)
Proposal for a decision
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Proposes that the annual report will include information on registrants who have been investigated and finally removed from the register because of non- compliance with the Code of Conduct;
Amendment 26 #
2020/2272(ACI)
Proposal for a decision
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls for the inclusion of an analysis of the effects that new rules of transparency have on decision-making procedures and the impact that these rules have on the perception that citizens have of the Union institutions;
Amendment 49 #
2020/2272(ACI)
Proposal for a decision
Paragraph 16
Paragraph 16
16. Notes that observance of the code of conduct, set out in Annex III to the Agreement is part of the eligibility criteria and that registrants are to take into account confidentiality requirements and rules applicable to the former members and staff of the institutions which apply to them after leaving office; considers that a reference to the values and principles of Article 2 of the Treaty on European Union (TEU) should be included in the Code of Conduct;
Amendment 56 #
2020/2272(ACI)
Proposal for a decision
Paragraph 20
Paragraph 20
20. Welcomes the undertaking to increase resources for maintenance, development and promotion of the register, as well as the Council’s formal contribution to the secretariat; believes that such commitments to the joint scheme should enhance the capacity of the Secretariat to provide timely guidance to the registrants and support them in the registration and update of the requested data; nevertheless, insists, in particular, that human resources are very limited in proportion to the number of registrants in comparison with similar national schemes and that that limitation hampers the efficiency of the operation of the register; calls on the institutions to ensure the provision of the resources necessary in order to guarantee the proper functioning of the Secretariat and the Management Board;
Amendment 11 #
2020/2269(INI)
Motion for a resolution
Citation 22
Citation 22
Amendment 82 #
2020/2269(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the value of the intra-EU trade in live animals was EUR 8.6 billion in 2018, with bovine animals, pigs and poultry having the highest values; whereas the export of live animals represents around EUR 1.6 billion and provides around 60 000 direct jobs and 300 000 indirect jobs, especially in rural areas14 ; _________________ 14 At a Glance – ‘EU trade and transport of live animals’, European Parliament, Directorate-General for Parliamentary Research, Members’ Research Service, 7 February 2020.;
Amendment 88 #
2020/2269(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas live animal transport within the EU and from the EU to third countries causes great animal suffering and the live export trade is known to involve risks of exceedingly rough handling and extremely cruel methods of slaughter;
Amendment 101 #
2020/2269(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas it is possible to transport meat and genetic material instead of live animals as countries are already trading meat/carcasses and embryos;
Amendment 138 #
2020/2269(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that the Commission, in its 2011 report on the impact of Regulation (EC) No 1/2005, reported about a gap between the requirements of the legislation and available scientific evidence; additionally, the Commission identified the enforcement of the regulation as a major challenge, partly because of differences in the interpretation of the requirements and partly because of the lack of controls by the Member States, recalls that the report underlines the fact that implausible transport plans are approved;
Amendment 144 #
2020/2269(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. ConsidersTakes note that Regulation (EC) No 1/2005 does not fully take into account the different transport needs of animalsll the animals transported, according to their species, age, size and physical condition, orincluding specific feeding and watering requirements, temperatures and handling requirements, and the pre-and post-loading requirements of fish;
Amendment 160 #
2020/2269(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Concludes that many of the problems in animal transport originate from unclearlegislative provisions unfit to ensure the welfare of the animals transported, lack of political will by Member States to address breaches of the law, misleading requirements and the lack of clear definitions in the current regulation, leaving room forwhich leave room for interpretation. All of this, often is at the source of systematic violations, uneven application of the rules and for, increased risks for animals, and for unfair competition among operators in the sector, leaving companies and Member States which abide by the rules facing unfair competition from those which do not;
Amendment 176 #
2020/2269(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the fact that the Commission has mandated EFSA to assess the most recent scientific information available on the welfare of the main terrestrial farm species during transport and on risks to their well-being, and highlights the urgent need to assess the most recent scientific information on the welfare of fish and companion animals during transport;
Amendment 196 #
2020/2269(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls attention to the numerous reports and information from citizens, NGOs and audit reports on animal welfare problems during transport and non- compliance with the regulation, in particular concerning long journeys and transport to third countries, compromising the European Union’s obligation to ensure the protection of animal welfare during transport from loading until final destination;
Amendment 206 #
2020/2269(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Takes note of the information provided by DG SANTE in its official Audit Report regarding the failure of the Member States audited in implementing Regulation (EC) No 1/2005 as well as the high risk of animal suffering during the transport of EU animals to third countries;
Amendment 210 #
2020/2269(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Acknowledges the letters sent by the Commission, in the framework of the Farm to Fork strategy, asking Member States to ensure immediate and full compliance with EU requirements, including on animal welfare during transport, and expressing its determination to take legal action in the event of systematic non-compliance; notes that no infringements proceedings have been opened by the Commission against any Member State, which should be made in the case of non-compliance;
Amendment 213 #
2020/2269(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Acknowledges the letters sent by the Commission, in the framework of the Farm to Fork strategy, asking Member States to ensure immediate and full compliance with EU requirements, including on animal welfare during transport, and expressing its determination to take legal action in the event of systematic non-compliance; notes that unfortunately no infringements proceedings have been opened by the Commission against any Member State;
Amendment 219 #
2020/2269(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the most frequently documented violations during road transports are linked to the lack of headroom and space, animals being unfit for transport, overcrowding, transport during extreme temperatures and journey durationanimals’ dehydration due to inappropriate watering devices or lack or water supply, transport during extreme temperatures, journey duration, disregard for the CJEU ruling C-424/13, non-realistic journey logs and non-feasible contingency plan; additionally notes that the communication on findings from official controls between competent authorities from different Member States remains poor; stresses that these violations are greatly facilitated by weak enforcement measures by authorities and by too little controls (quantitative and qualitative); stresses that sanctions are too weak and not dissuasive;
Amendment 226 #
2020/2269(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes that the most frequently documented violations on transport by sea are lack of knowledge by the competent authorities when inspecting livestock, lack of trained personnel handling the animals on the vessel, lack of legislated temperature and humidity requirements during the sea transport and lack of contingency plans for transporters as well as for competent authorities;
Amendment 232 #
2020/2269(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Notes that there is no systematic and evidenced-based communication system between competent authorities from third countries and member states on fulfilment of legislated animal welfare requirements would have been needed;
Amendment 243 #
2020/2269(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recognises that faultnegligent practices have been reported in the loading of animals without observing the requirements for their separation in accordance with age, size and whether they have horns and whether they are pregnant (heifers); recognises that unsuitable loading facilities and improper handling of animals during loading on vessels, leading to animals falling into the water must be stopped immediately and controls as well as sanctions must be established in case of infringements;
Amendment 251 #
2020/2269(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes note of several reports of incorrect handling during animal loading and unloading, causing unnecessary stress and suffering; stresses that proper animal handling results in shorter loading and unloading times, reduced weight loss, fewer injuries and wounds and, ultimately, better meat quality; underlines that the risk for AMR increases when animals are transported in close and stressful spaces;
Amendment 260 #
2020/2269(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that according to Regulation (EC) No 1/2005, the farmer, the driver and transport companies share equal responsibility for assessing whether animals are fit for transport; notes that the most common breaches in this respect concern the transport of pregnant animals, animals more than 90 % of the way through gestation, which sometimes give birth on board, downers (with physiological weakness and/or wounds or a pathological condition), and animals with wounds or prolapsmixing of weaned and unweaned animals in the same consignment, not respecting the specific needs of unweaned animals, and animals with wounds or prolapses; insists that revision of the Regulation includes provision that those responsible for assessing whether animals are fit for transport are liable, should those animals proved to be unfit for transport; stresses that unweaned, pregnant as well as end of career animals are particularly vulnerable animal categories;
Amendment 271 #
2020/2269(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Recognises the inhomogeneous and improper training of police and veterinary authorities to ensure proper controls at any stage of the journey; takes note that proper control is often subject to individual efforts and interest, while systemic controls are lacking;
Amendment 287 #
2020/2269(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is very concerned about the number of reports of inappropriate vehicles being used to transport live animals, whether by land or by sea, and recognises the major differences between the Member States in interpreting and enforcing the regulation, as far as the approval of the means of transport is concerned , with emphasis on road vehicles being routinely authorized to transport unweaned animals even though they are not fulfilling the legislative requirements of the watering system (open water source drinkers), and on the authorisation of unsuitable vessels;
Amendment 303 #
2020/2269(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Takes note of the Commission’s findings that, with some exceptions, the systems in place for livestock vessel approval are insufficient to minimise the risks, mainly because the majority of the competent authorities inspecting livestock vessels do not have adequate procedures, or access to specific technical expertise (e.g. a veterinarian, a marine surveyor), to verify vessels’ systems for water pumps, ventilation and drainage, all of which are critical for animal welfare during a journey on a livestock vessel;
Amendment 330 #
2020/2269(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that the vehicles used for transporting animals inside and outside the Union are often not equipped with air cooling systems; highlights that though air ventilation systems move the air through the animal compartment, the temperature inside the vehicle will nevertheless mainly reflect the external temperature, in particular when the vehicle is stationarysult in a higher temperature than the external temperature, due to additional up- heating of the vehicle by the animals body heat, in particular when the vehicle is stationary; notes that these vehicles are therefore inadequate and should not be used;
Amendment 348 #
2020/2269(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recalls that the Official Controls Regulation (EU) No 2017/625 will replace, as of 15 December 2022, several provisions of Regulation (EC) No 1/2005, namely on checks on long journeys, training of the competent authorities’ staff, checks at exit points, emergency measures in the case of non-compliance, mutual assistance and exchange of information, infringements and on-the-spot checks by the Commission; emphasises the need for frequent and thorough inspections;
Amendment 358 #
2020/2269(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Notes that further improvements to data collection systems and to TRACES can and should be made in the current legislative framework, to help harmonise procedures between Member States’ competent authorities;
Amendment 379 #
2020/2269(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Is aware that there are insufficient checks in somthe majority of the Member States, in particular road checks and retrospective checks;
Amendment 411 #
2020/2269(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40a. Regrets that, against the experts’ opinions (i.e., OIE, EFSA, and FVE) stating that animals should be transported as short as possible and, when feasible, their transport avoided, Regulation (EC) No. 1/2005 allows for long- and very-long journeys;
Amendment 422 #
2020/2269(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Regrets the fact that, in spite of the mandatory use of control post facilities for unloading, watering, feeding and resting of animals during long journeys, the drivers of the vehicles do not always stop in keeping with the requirements ofas required by the regulation, as has been reported on various occasions;
Amendment 434 #
2020/2269(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Takes note of the indications that many competent authorities often approve and stamp journey logs with unrealistically short estimated journey times, in clear contravention of the provisions of Regulation 1/2005;
Amendment 450 #
2020/2269(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. NoteRegrets that Regulation (EC) No 1/2005 only contains a general provision on temperature, lacking indications about the temperature-humidity index and about species- and category- as well as age-specific optimal temperature ranges, that take into account factors such as shearing, body condition, etc.;
Amendment 459 #
2020/2269(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Recalls that the means of transport by road for long journeys must be fitted with a temperature monitoring and recording system, as well as with a means of recording such data; regrets the lack of mandatory requirements for such systems in livestock vessels, regrets the lack of mandatory requirements for such systems for short distance journeys;
Amendment 469 #
2020/2269(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47a. Regrets the fact that provisions are not made for the welfare of fish in spite of them being in the scope of the regulation, being transported in large numbers, having immune systems especially vulnerable to stress, in spite of the Commission repeatedly identifying the shortfalls of the regulation with regards to fish, and as divergent and non- comprehensive guidelines are increasingly developed across Europe;
Amendment 474 #
2020/2269(INI)
Motion for a resolution
Paragraph 47 b (new)
Paragraph 47 b (new)
47b. Recalls that EFSA in 2004 concluded that the transport of very young terrestrial farmed animals should be avoided;
Amendment 481 #
2020/2269(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Stresses the vulnerability of unweaned animals and that the current minimum age for the transport of calves is too low; believes that the minimum age of very young animals should be corrected to a minimum age of being unweaned, meaning being able to feed on solid feed and drink water of drinkers working with over pressure method; highlights that, according to various experts and the former sub-group of the EU Animal Platform on Animal Welfare, more scientific evidence is needed to support good practices in the long-distance transport of unweaned animals and that the current provisions of Regulation (EC) No 1/2005 are not adapted to the needs of these animals;
Amendment 488 #
2020/2269(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Stresses the vulnerability of unweaned animals and that the current minimum age for the transport of calves is too low and therefore should be raised; highlights that, according to various experts and the former sub-group of the EU Animal Platform on Animal Welfare, more scientific evidence is needed to support good practices in the long-distance transport of unweaned animals and that the current provisions of Regulation (EC) No 1/2005 are not adapted to the needs of these animals;
Amendment 499 #
2020/2269(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Recallgrets that, although according to the regulation, watering devices shall function properly and be appropriately designed and positioned for the different categories of animals (size and species) to be watered on board the vehicle, water is often reported as not available to animals because the devices are inappropriate for the species transported, the devices are filthy and covered in manure, or the water supply is not switched on;
Amendment 543 #
2020/2269(INI)
Motion for a resolution
Paragraph 53 a (new)
Paragraph 53 a (new)
53a. Stresses that overloading may lead to suffering of animals and can be one of the causes also leading to accidents, such as capsizing during transports by sea as was the case at Queen Hind; stresses the lack of possibilities to unload, shade, feed and water animals at ports (within and outside the EU) and border crossings;
Amendment 572 #
2020/2269(INI)
Motion for a resolution
Paragraph 55
Paragraph 55
55. NotStresses that once livestock consignments crosses the EU border, respect for animal welfare standards may be difficult tocannot be guaranteed, both en route and on arrival, as third countries are not bound by EU legislatione lack of control by the EU authority in third countries; recalls the judgement of the Court of Justice of the European Union, which states that EU welfare rules are binding until the final place of destination in third countries, and that EU authorities must approve animal transports only when compliance with the EU rules can be guaranteed until final destination;
Amendment 597 #
2020/2269(INI)
Motion for a resolution
Paragraph 59
Paragraph 59
59. Agrees with the Commission that the presence of a qualified veterinarian during loading for long journeys to non-EU countries constitutes good practice16 ; stresses that a veterinarian at border crossings and an independent EU control body at the final destinations to check the status of the animals when arriving at the final destination would be necessary to ensure compliance to EU legislation and enforcement of the relevant CJEU; _________________ 16 Final report of an audit carried out in the Netherlands from 20 February 2017 to 24 February 2017 in order to evaluate animal welfare during transport to non-EU countries, European Commission, Directorate-General for Health and Food Safety, 2017.
Amendment 615 #
2020/2269(INI)
Motion for a resolution
Paragraph 63
Paragraph 63
63. Recognises that currently third countries’ authorities, transporters or ships’ masters do not provide routine feedback on the condition of animals during the sea - and road-leg of their journey, or on the condition in which they arrive at destination.; recognises that there are no official statistics about the number of animals arriving dead in third countries;
Amendment 618 #
2020/2269(INI)
Motion for a resolution
Paragraph 63 a (new)
Paragraph 63 a (new)
63a. Stresses that the revised Transport Regulation must be aligned with the Farm to Fork and thus promote a local and short food chain where animals are not transported outside the EU; invites the Commission to put forward a strategy to shift from live transport to a meat, carcasses, genetic material only trade;
Amendment 628 #
2020/2269(INI)
Motion for a resolution
Paragraph 63 b (new)
Paragraph 63 b (new)
63b. Stresses the fact that until the already existing legislative requirements are put in place, the transport of animals should be limited as much as possible;
Amendment 2 #
2020/2260(INI)
Motion for a resolution
Citation 1
Citation 1
- having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Article 192(1) and Article 13 (Title II) thereof,
Amendment 61 #
2020/2260(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens; Council Directive 2007/43/EC of 28 June 2007 laying down minimum rules for the protection of chickens kept for meat production; Council Directive 2008/120/EC of 18 December 2008 laying down minimum standards for the protection of pigs; Council Directive 2008/119/EC of 18 December 2008 laying down minimum standards for the protection of calves; Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport; Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing,
Amendment 88 #
2020/2260(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- having regards to Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms,
Amendment 117 #
2020/2260(INI)
Motion for a resolution
Citation 24 a (new)
Citation 24 a (new)
- having regard to the European Commission’s Scientific Opinion No. 3/2017 - Food from the Oceans,
Amendment 146 #
2020/2260(INI)
Motion for a resolution
Citation 36 a (new)
Citation 36 a (new)
- having regard to the 2020 report commissioned by the European Parliament’s Committee on Petitions, entitled “Ending the Cage Age: Looking for Alternatives”,
Amendment 245 #
2020/2260(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas European citizens are increasingly concerned about the welfare of animals in the agricultural sector and expect the EU to transition away from intensive farming practices, like caged farming; whereas the European Citizens’ Initiative (ECI) “End the Cage Age”, which calls on the EU to phase-out the use of cages in animal farming, has collected nearly 1.4 million certified signatures, qualifying as one of the few successful ECIs; whereas the European Committee of the Regions committed to the objective of ending caged farming and many EU member states already adopted national legislation which goes beyond the minimum EU standards, increasing the urgency for legislative action, at the EU level, to end this inhumane practice and ensuring a level-playing field for farmers across the EU;
Amendment 289 #
2020/2260(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the European model of a multifunctional agricultural sector, driven by family farms, continues to ensure quality food production, local supply chains, good agriculture practices, high environmental standards and vibrant rural areas throughout the EU; whereas this agricultural model is endangered by the ongoing takeover of production capacities by industrial and multinational companies that rely on large-scale, automated and cage-based production methods;
Amendment 309 #
2020/2260(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the European mModel of a multifunctional agricultural sectore, driven by family farms, continues toshould ensure quality food production, local supply chains, good agriculture practices, high environmental and animal welfare standards and vibrant rural areas throughout the EUuropean Union;
Amendment 390 #
2020/2260(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas genome editing methods have a high technical potential to make the whole genome available for genetic changes, very often resulting in complex patterns of genetic change (genotypes) and profound intended changes in the biological characteristics (phenotypes), even if no additional genes are inserted; whereas organisms derived from genome editing are covered by the Cartagena Biosafety Protocol of the Convention on Biological Diversity;
Amendment 601 #
2020/2260(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the announcement of an impact-assessed proposal for a legislative framework for sustainable food systems; invites the Commission to use this proposal to set out a holistic common food policy aimed at improving animal welfare and reducing the environmental and climate footprint of the EU food system in order toand make Europe the first climate- neutral continent by 2050 and strengthen its resilience; encourages the Commission to use this proposal to ensure the EU’s food security in the face of climate change and biodiversity loss,; urges the Commission to leading a global transition towards sustainability from farm to fork, based on the principle of a multifunctional agricultural sector while ensuring consistency between policies by taking into account the existing legislation in order to enable all actors in the European food system to develop long-term plans based on realistic and transparent objectiveagro-ecological practices, the protection of animal welfare, the restoration of biodiversity, the transport of meat/carcasses and genetic material rather than live animals, fair incomes for farmers and full transparency and accountability towards consumers; suggests that the respective base lines and progress achieved in each Member State be taken into account, while promoting the exchange of know-how and best practices between Member States; stresses the need to include the entire food and beverage chains including processing, marketing, distribution and retail in the transformation of the food system;
Amendment 750 #
2020/2260(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 1039 #
2020/2260(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that each years, in the EU alone, over 300 million farmed animals spend all, or a significant part, of their lives imprisoned in cages; stresses that this practice causes tremendous suffering, as these sentient beings cannot perform most of their natural behaviours, resulting in physical and psychological illness; calls on the Commission to put forward, without delay, a legislative proposal to phase-out the use of cages for all farmed animals, while ensuring, together with Member States, appropriate measures to assist farmers in this transition;
Amendment 1115 #
2020/2260(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the notion of rewarding carbon sequestration in soils; stresses, however, that intensive and industrial agriculture and farming models with negative impacts on biodiversity should not receive climate funding , nor be incentivised; calls for the proposals to be in line with the animal welfare and environmental objectives and the ‘do no harm’ principle of the Green Deal;
Amendment 1164 #
2020/2260(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the importance of seed security and diversity, notably of promoting EU-grown plant proteins to deliver locally sourced food and feed stuffs with high nutritional value while granting farmers access to quality seeds for plant varieties adapted to the pressures of climate change, including traditional and locally-adapted varieties, while ensuring access to innovative plant breeding in order to contribute to healthy seeds and protect plants against harmful pests and diseases; raises awareness of the potential negative effects of concentration and monopolisation in the seed sector;
Amendment 1189 #
2020/2260(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that the precautionary principle in regard to GMOs has to be applied in accordance with the judgment of the Court of Justice of the European Union of 25 July 2018 in Case C-528/16, which includes the need for companies to provide methods to identify the relevant organisms as well as mandatory approval process, including risk assessment and labelling.
Amendment 1235 #
2020/2260(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for CAP National Strategic Plans to ensure adequate financial support and incentives to promote new ecological ‘green’ business models for agriculture and artisanal food production, notably through fostering short supply chains and, shifting to the transport of meat/carcasses and genetic material instead of live animals, increasing the proportion of high animal welfare farming systems and supporting quality food production;
Amendment 1440 #
2020/2260(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for primary producers to be supported in making the transition to greater sustainability, including cage-free animal farming, through the encouragement of cooperation and collective actions as well as through competition rules and the enhancement of possibilities for cooperation within the common market organisations for agricultural, fishery and aquaculture products, and thus for farmers’ and fishers’ position in the supply chain to be strengthened in order to enable them to capture a fair share of the added value of sustainable production;
Amendment 1445 #
2020/2260(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for support to primary producers to be supported in makingin the transition to greater sustainability through the encouragement of, including cage-free animal farming, by encouraging cooperation and collective actions as well as through competition rules and theby enhancement ofing the possibilities for cooperation within the common market organiszations for agricultural, products and fishery and aquaculture products, and thus forstrengthening farmers’ and fishers’ position in the supply chain to be strengthened in order to enable them to capture a fair share of the added value of sustainable production;
Amendment 1491 #
2020/2260(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Commission to follow up on Directive (EU) 2019/633 on unfair trading practices22 and the EU code of conduct on responsible business and marketing practices by producing a monitoring framework for the food and retail sectors and providing for legal action if progress in integrating, animal welfare, economic, environmental and social sustainability into corporate strategies is insufficient, and in so doing promoting and rewarding the efforts of sustainable agricultural producers while increasing the availability and affordability of healthy, sustainable food options andand higher animal welfare food while also reducing the overall environmental footprint of the food system; stresses the importance of halting and addressing the consolidation and concentration in the grocery retail sector in order to ensure fair prices for farmers; _________________ 22OJ L 111, 25.4.2019, p. 59.
Amendment 1577 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Regrets that unsubstantiated and often misleading claims and images are used on food packaging, decreasing the transparency of products for consumers; emphasises the need to regulate front of pack claims and images making it difficult for consumers to make healthy, animal welfare and environmentally friendly food choices;
Amendment 1586 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Welcomes Council Conclusions of 15 December 2020 on an EU-wide animal welfare label; recalls that a majority of European citizens are interested in receiving information on farmed animal welfare when buying animal products; calls on the Commission to develop a harmonised multi-tiered animal welfare labelling system clearly and concisely indicating the methods used for the production during the rearing, transport and slaughter and underpinned by science-based animal welfare indicators, including minimum EU standards and exceeding them, empowering consumers to make informed choices;
Amendment 1591 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Urges the Commission to revise, improve and expand the animal welfare acquis in the light of the latest scientific evidence and to introduce updated science-based species-specific animal welfare requirements for all farmed species, with special attention to the stunning methods and parameters used before slaughter and to ensure effective protection to all the animals transported for commercial reasons, to stop long- distance transports, and to promote a meat and carcasses and genetic material intra- and extra-EU trade; demands that the ‘One Welfare’ approach should guide the review process;
Amendment 1594 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Recalls that an overwhelming majority of European citizens want better protection for all farmed animal species and hence calls for the thorough revision of the animal welfare acquis, with special focus on improving and expanding Directive 98/58/EC and Regulations 1/2005 and 1009/2009, in light of the latest scientific evidence and to introduce updated science-based animal welfare requirements for all farmed species, including farmed fish;
Amendment 1596 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14e. Welcomes the recognition that better animal welfare improves animal health and reduces the need for medication, while also contributing to protecting biodiversity; calls on the Commission to proactively promote a decisive transition towards higher animal welfare and nature-inclusive farming and aquaculture practices, which can deliver ecological services while also better safeguarding animal and human health and welfare;
Amendment 1897 #
2020/2260(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Highlights the recognition in the strategy that Europeans’ diets are not in line with recommendations for healthy eating, and that a population-wide shift in consumption patterns is needed towards more healthy and plant-based foods and less red and processed meatanimal products, sugars, salt, and fats, which will also benefit animal welfare and the environment; emphasises that EU-wide guidelines, including clear targets, for sustainable and healthy diets would bring clarity to consumers on what constitutes a healthy and sustainable diet and inform Member States’ own efforts to integrate sustainability elements in national dietary advice; calls on the Commission to develop such guidelines and specific actions to effectively promote healthy plant-based diets;
Amendment 1980 #
2020/2260(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for a revision of public procurement legislation, including minimum mandatory criteria in schools and other public institutions to encourage organic and local food production and to promote more healthywith higher animal welfare standards and to promote healthier and plant-based diets by creating a food environment that enables consumers to makemakes healthy choices the healthy choice; siest ones;
Amendment 2088 #
2020/2260(INI)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24c. Stresses that EFSA links with industry-funded groups, in particular in assessing the risks of GM foods and pesticides law are eroding public confidence; Calls EFSA to provide clear and transparent reasons when selecting and excluding studies from the peer- reviewed literature; Calls EFSA to make accessible all data and information on which it bases risk assessments; urges the Commission to establish independent peer-reviews to EFSA’s opinions;
Amendment 2236 #
2020/2260(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Recalls the global responsibility of European food systems and their key role in setting global standards for food safety, environmental protection and animal welfare; calls on the Commission and the Member States to ensure that all food and feed products imported to the EU fully meet relevant EU regulations and standards applied in the EU and to provide development assistance to support primary producers from developing countries in meeting those standards; welcomes the Commission’s intention to take the environmental impacts of requested import tolerances into account;
Amendment 2266 #
2020/2260(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Welcomes the commitment made by the EU to pursue the development of Green Alliances on sustainable food systems with all its partners in bilateral, regional and multilateral fora; reminds that sustainable food systems are linked to improved welfare of animals;
Amendment 5 #
2020/2245(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the EU has experienced severe under investment since the financial crisis while facing an urgent investment demand to cope with the required green and digital transformation of the economy and society;
Amendment 6 #
2020/2245(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. Whereas the EIB is expected to support a fair green transition through the Just Transition Mechanism;
Amendment 7 #
2020/2245(INI)
Motion for a resolution
Recital F
Recital F
F. whereas public policy goals such as social coheterritorial and social cohesion, youth unemployment, tackling povery and social exclusion and sustainable development should be at the core focus and targets of the Bank;
Amendment 13 #
2020/2245(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
H b. whereas EIB plays a central role in the efforts of the EU to ensure the implementation of the Agenda for Sustainable Development;
Amendment 26 #
2020/2245(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. 9b Calls on the EIB to increase financing to address the technological transition, support development of skills adapted to the current and future labour market needs, further promote the investment in digital skills of employees and entrepreneurs, digital infrastructure and capacity-building for digitalization, provide funds for long term research and innovation, SMEs, support the social economy and enhance social and territorial cohesion, namely by filling current investment gaps in public housing and infrastructure;
Amendment 27 #
2020/2245(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
Amendment 33 #
2020/2245(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Takes note of the results presented in the European Investment Advisory Hub Report 2019; commendhighlights the positive impact of the European Investment Advisory Hub (EIAH); calls to further strengthen the EIB’s in-house financial and capacities to ensure long-lasting commitment to the implementation and long-term financing horizon of EU missions such as cancer, adapting to climate change, ensuring a fair transition in the regions most impacted by the Green Deal transformations, protecting our oceans, living in greener cities and ensuring soil health and food; welcomes that in following up ECA’s recommendation a ‘Study on the root causes of the geographical spread of EFSI supported investment in response to recommendation 5 of the European Court of Auditors [Click and drag to move] ‘ performance audit on EFSI’ was presented in July 2019; takes note of the conclusions of this analysis; observes that the EFSI Steering Board emphasised the importance of achieving wide geographical distribution of EFSI investment to contribute to sustainable long-term economic convergence across the Union;
Amendment 36 #
2020/2245(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls for strengthening technical assistance and financial expertise of local and regional authorities, especially in regions with low investment capacity, before project approval, in order to improve accessibility; calls for a more intensified cooperation with national promotional banks and institutions;
Amendment 41 #
2020/2245(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the EIB’s use of a progressively increasing shadow cost of carbon as part of the overall approach to ensure that EIB operations are consistent with the 1.5˚C target, while ensuring a just transition towards a carbon-neutral economy that leaves no one behind;
Amendment 75 #
2020/2245(INI)
Motion for a resolution
Subheading 4 a (new)
Subheading 4 a (new)
Notes that the EIB is bound by the EU Charter of Fundamental Rights and that human rights principles are integrated into its due diligence procedures and standards, including publicly available ex- ante assessments; Calls on the EIB to ensure that its complaints mechanism is fully functional in order to detect and redress possible human rights violations in EIB-related projects;
Amendment 81 #
2020/2245(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Calls on the EIB to fully support the achievement of United Nations Sustainable Development Goals through its activities within the framework of specific mandates decided by the EU Council of Ministers and the European Parliament;
Amendment 94 #
2020/2245(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the EIB to finalise the revision of the EIB Group Anti Fraud Policy (AFP) launched in 2019, in line with demands expressed by the European Parliament; welcomes the intensive dialogue between EIB and OLAF on its updating; invites the EIB to take advantage of the OLAF’s support role, enhanced with the new Commission Anti-Fraud Strategy (CAFS) adopted in April 2019; maintains that the EPPO’s mandate should include the prosecution of criminal activities affecting the EIB financing; Calls for a stronger external scrutiny of EIB by the Court of Auditors;
Amendment 95 #
2020/2245(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Reiterates the importance of the involvement of local stakeholdersrelevant national, regional and local stakeholders, including climate experts, trade unions, civil society actor, business representatives, SMEs and academia when assessing impact of iInvestments; emphasises that consultations must be inclusive of all the interested communities, accessible to vulnerable groups, tailored on peculiarities of the stakeholders and continuous throughout the project lifecycle; calls for respecting the principle of compliance with the principle of free, prior, and informed consent from all the affected communities (besides the indigenous population) in case of land and natural resource-based investments, asks the EIB to report on the implementation of the above principles;
Amendment 99 #
2020/2245(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Points out that the Union has increasingly made use of financial instruments and budgetary guarantees provided to the EIB Group; recalls that, at present, the EIB Group operations not financed by the Union budget, but which still serve the same Union objectives, do not come under the Court’s audit mandate; points out that this results in the Court being unable to provide a complete overview of the links between the EIB Group operations and the Union budget; Calls on the EIB group to improve its accountability on these issues and suggests the idea of a quarterly dialogue with relevant committees of the Parliament to participate to the investment strategy of the EIB and ensure adequate oversight; stresses the importance of greater Parliament scrutiny over decision of the EIB board of directors and points to the possibility of Parliament having observer status in the board’s meetings to ensure better information sharing demands from the Commission to increase its transparency towards Parliament on the positions it takes in the EIB board of directors; asks for a Memorandum of Understanding between the EIB Group and the Parliament to improve Parliament’s access to EIB documents and data related to strategic orientation and financing policies in order to strengthen the Bank’s accountability; asks for the revision of the current Tripartite Agreement between the Commission, EIB and the Court with a view to define rules of engagement which enhance the role of the Court and further strengthen its auditing powers regarding EIB operations financed with EIB’s share capital;
Amendment 194 #
2020/2220(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that the introduction of a joint constituency from which forty-six members of the European Parliament shall be elected and in which lists are headed by each political family’s candidate for the post of President of the Commission could offer an opportunity to enhance the democratic and transnational dimension of the European elections; believes that the goal of establishing a joint constituency is achievable only if geographical, demographic and gender balance is ensured, by guaranteeing that smaller Member States are not put at a competitive disadvantage compared to the larger Member States; suggests in this respect by introducing bminding demographic representation in the lists for the joint constituency, such as maximum thresholds for candidates residing in the same Member State and a minimum obligatory representation of nationals of different Member Statesimum and maximum obligatory representation of nationals of different Member States; suggests in this respect introducing binding demographic representation in the lists for the joint constituency; encourages that European parties and movements to appoint candidates in the joint lists coming from all Member States;
Amendment 227 #
2020/2220(INL)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Proposes to allow for a temporary replacement of a Member in the case of maternity leave, parental leave or severe illness;
Amendment 306 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Recital 9
Annex to the motion for a resolution – Recital 9
(9) A European Electoral Authority should be established for the management of the Union-wide constituency. Such a European Electoral Authority would be essential for coordinating information on the European elections and monitoring the implementation of the common standards of the European electoral law, by ensuring an efficient exchange of information and best practices between national bodies. In addition.
Amendment 318 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Recital 11
Annex to the motion for a resolution – Recital 11
(11) Citizens of the Union have the right to participate in its democratic life, in particular by voting or standing as candidates in elections to the European Parliament. Member States should take the measures necessary to allow those of their citizens residing or working in third countries outside the Union, those who are, travellers, homeless or who are serving a prison sentence in the EU, to exercise the right to vote in elections to the European Parliament. Access to polling stations should also be facilitated for all citizens, and in particular for persons with disabilities.
Amendment 398 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 5
Annex to the motion for a resolution – Article 5
Member States shall ensure that all citizens of the Union, including those living or working in a third country outside the Union, travellers and those who are homeless or who are serving a prison sentence in the EU, are entitled to and are able to exercise their right to vote in elections to the European Parliament, and, with regard to those citizens serving a prison sentence, without prejudice to national law or court decisions handed down in accordance with national law.
Amendment 404 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 6 – paragraph 1
Annex to the motion for a resolution – Article 6 – paragraph 1
1. No one shall vote more than once in any election of members of the European Parliament in the national constituencies, as well as not more than once in the election of members of the European Parliament in the Union-wide constituency.
Amendment 416 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 8 – paragraph 1
Annex to the motion for a resolution – Article 8 – paragraph 1
1. Member States shall provide for postal voting in elections to the European Parliament, including for citizens living in a third countryoutside the Union, and shall adopt measures that ensure that postal voting is accessible, in particular for persons with disabilities. Member States shall adopt all necessary measures to ensure the reliability and secrecy of the vote, and the protection of personal data in accordance with applicable Union law.
Amendment 440 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 11 – paragraph 1 a (new)
Annex to the motion for a resolution – Article 11 – paragraph 1 a (new)
Amendment 484 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 5
Annex to the motion for a resolution – Article 15 – paragraph 5
Amendment 486 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 6
Annex to the motion for a resolution – Article 15 – paragraph 6
Amendment 490 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 7
Annex to the motion for a resolution – Article 15 – paragraph 7
Amendment 492 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 8
Annex to the motion for a resolution – Article 15 – paragraph 8
Amendment 504 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 13
Annex to the motion for a resolution – Article 15 – paragraph 13
13. For candidates living in a third country outside the Union, the candidate’s place of residence for the purposes of the composition of the list shall be their one before leaving the European Union. For citizens of the Union born and resident in a third country outside the Union, the place of residence for the purposes of drawing up of the list shall correspond to that of the candidate’s Member State of nationality.
Amendment 506 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 14
Annex to the motion for a resolution – Article 15 – paragraph 14
14. The lists of candidates for the Union-wide constituency shall include a number of candidates equal to the number of mandates as provided for in paragraph 1, and at least 27 candidates residing in each of the Member States.
Amendment 508 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 15
Annex to the motion for a resolution – Article 15 – paragraph 15
Amendment 515 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 17
Annex to the motion for a resolution – Article 15 – paragraph 17
Amendment 523 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 18
Annex to the motion for a resolution – Article 15 – paragraph 18
Amendment 536 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 22 – point c a (new)
Annex to the motion for a resolution – Article 15 – paragraph 22 – point c a (new)
(ca) To ensure that the transnational seats are truly European, a correction mechanism will be introduced so that the Members chosen via the transnational lists stem from all Member States. Starting from the 46th seat upwards candidates-elect will be substituted by the next candidate-elect of the same list originating from a Member State that has not yet been included in the results. Starting with a candidate from the least populated Member State until at least one of the Members elected on the European lists originates from each of the 27 Member States.
Amendment 537 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 22 – point c b (new)
Annex to the motion for a resolution – Article 15 – paragraph 22 – point c b (new)
(cb) In order to prevent an overrepresentation of elected Members from the EU-wide constituency residing in a single Member State, there will be a ceiling of 6 seats for any given Member State rounded upwards. If more than 6 seats are filled with elected Members from a single Member State, the other Members-elect from the same Member State will be substituted by a candidate from the same European list who falls within the criterion of the ceiling.
Amendment 540 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 23
Annex to the motion for a resolution – Article 15 – paragraph 23
23. In the event of death, resignation, loss of political rights or withdrawal of the mandate of a member of Parliament elected in the Union-wide constituency, the vacancy shall be filled by the next candidate ion the list of candidates inof which the member who has died, resigned or withdrawn was originally elected.
Amendment 551 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 16 – paragraph 1
Annex to the motion for a resolution – Article 16 – paragraph 1
1. Each European electoral entity permitted by the European Electoral Authority to table a list of candidates for members of the European Parliament in the Union-wide constituency shall appoint a general electoral administratorn official campaign accountant responsible for drawing up a general accounting plan for the income and expenses of the electoral campaign.
Amendment 553 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 16 – paragraph 2 –subparagraph 1
Annex to the motion for a resolution – Article 16 – paragraph 2 –subparagraph 1
2. The general electoral administratorofficial campaign accountant shall be a citizen of the Union who has not been convicted of crimes resulting in their disqualification from election or employment in public office in their Member State of residence.
Amendment 554 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 16 –paragraph 2 – subparagraph 2
Annex to the motion for a resolution – Article 16 –paragraph 2 – subparagraph 2
The general electoral administratorofficial campaign accountant shall not be a candidate for elections.
Amendment 558 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 16 – paragraph 4
Annex to the motion for a resolution – Article 16 – paragraph 4
Amendment 620 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 19 – paragraph 2
Annex to the motion for a resolution – Article 19 – paragraph 2
2. Member States may not officially make public the results of their count until after the close of polling in the Member State whose electors are the last to vote until thepublish results before the close of the polling time indicated in paragraph 1.
Amendment 623 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 19 – paragraph 3
Annex to the motion for a resolution – Article 19 – paragraph 3
Amendment 648 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 26 – paragraph 5 a (new)
Annex to the motion for a resolution – Article 26 – paragraph 5 a (new)
5a. The Parliament may on the request of the member concerned, and in full agreement with the Member State concerned or the Electoral authority, propose a temporary replacement for a member linked to parental leave or a severe illness.
Amendment 664 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 2 – subparagraph 2
Annex to the motion for a resolution – Article 27 – paragraph 2 – subparagraph 2
The Authority shall exercise all the functions related to the electoral process of the Union-wide constituency and liaise with the authorities referred to in Article 18. It may also provide assistance in case of difficulties related to the interpretation of the lists submitted by the National authorities.
Amendment 676 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 3 – subparagraph 1
Annex to the motion for a resolution – Article 27 – paragraph 3 – subparagraph 1
3. The Authority shall be composed of one member appointed by each Member State, who shall be professors of law or political science. The members of the Authority will elect its president, vice- president, and secretary by simple majority, in a separate vote. The Authority shall take decisions by consensus or, if that is not possible, by simple majority.
Amendment 681 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 3 – subparagraph 2
Annex to the motion for a resolution – Article 27 – paragraph 3 – subparagraph 2
The members of the Authority shall not be members of the European Parliament, national parliament or government, hold any electoral mandate or be a current or former employee of any EU institution or of any European political party or movement, or of any European political foundation.
Amendment 694 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 4 – subparagraph 5
Annex to the motion for a resolution – Article 27 – paragraph 4 – subparagraph 5
The five-year term of the Authority shall begin 30 days after the beginning of the parliamentary term as referred to in Article 20, except for the first term of the Authority which will start a year before the elections of 2024 and will exceptionally last 6 years.
Amendment 704 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 7 – subparagraph 1
Annex to the motion for a resolution – Article 27 – paragraph 7 – subparagraph 1
7. The European Electoral Authority shall be financed by the general bugdget of the European Union, including the remuneration of the members of the Authority during the electoral period.
Amendment 715 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 30
Annex to the motion for a resolution – Article 30
Amendment 302 #
2020/2215(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that stereotypes and taboo surrounding menstruation remain widespread in our societies, and that these can delay diagnosis of diseases such as the endometriosis disease, which despite affecting 1 women on 10 of reproductive age, being the first cause of women's infertility, causing chronic pelvic pain, has a median delay of 8 years for its diagnosis and for which there is no cure ; Calls on Member states to ensure comprehensive and scientifically accurate education about menstruation, to raise awareness and to launch major information campaigns on endometriosis targeting the public, healthcare professionals and legislators, and to invest on research about the causes and treatments of this disease;
Amendment 3 #
2020/2201(INI)
Motion for a resolution
Recital A
Recital A
A. whereas according to several Eurobarometer surveys, a large proportion of EU citizens are not satisfied with the way democracy works in the EU and tend to distrust the EU institutions; whereas not only is this perception presentmeasured at EU level, but also at national level;
Amendment 7 #
2020/2201(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas Article 165 (2) of the Treaty on European Union mandates the EU to encourage the development of youth exchanges and of exchanges of socio-educational instructors, and to encourage the participation of young people in democratic life in Europe;
Amendment 10 #
2020/2201(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the legal and political impact of the only bottom-up instruments for citizens in the EU, namely the European Citizens’ Initiative (ECI), complaints to the European Ombudsman and petitions to Parliament, is rather minimal; whereas the European Ombudsman recommendations are not legally binding;
Amendment 14 #
2020/2201(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas Article 11 (1) of the TEU provides that institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action;
Amendment 16 #
2020/2201(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Amendment 17 #
2020/2201(INI)
Motion for a resolution
Recital E
Recital E
E. whereas online public consultations carried out by the Commission are mostly aimed at a particular target group, are not widely disseminated and run for a limited amount of time, meaning that they do not reach a significant proportion of the population;
Amendment 18 #
2020/2201(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the European Court of Auditors in a comprehensive review of the Commission's consultation policy in 2019 recommended that the Commission should improve the way it reaches out to citizens to promote greater participation;
Amendment 20 #
2020/2201(INI)
Motion for a resolution
Recital F
Recital F
F. whereas Citizens’ Dialogues conducted by the Commission are a way to provide information to citizens rather than to engage with them in a debate about their vision and what they would like to see change in the EU and do not provide a feedback mechanism to inform citizens about the outcomes of their participation;
Amendment 21 #
2020/2201(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the existing participatory instruments, such as the ECI, public consultations and Citizens’ Dialogues, do not provide very effective means for citizens to influence EU decision-making; whereas this is largely due to the lack of effective follow-up in the decision-making process at institutional level;
Amendment 26 #
2020/2201(INI)
Motion for a resolution
Recital H
Recital H
H. whereas most forms of participation are generally used by organised interest groups and not by individual citizens; whereas individual citizens are largely unaware of the existing participatory instruments and therefore underrepresented in views and data collected through the existing instruments;
Amendment 29 #
2020/2201(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the current participatory instruments do not maximise the potential of citizens’ participation when it comesand therefore insufficiently contribute to strengthening the democratic legitimacy of the EU and increasing citizens’ sense of ownership towards an EU that reflects their needs and visions;
Amendment 30 #
2020/2201(INI)
Motion for a resolution
Recital J
Recital J
J. whereas reforming the existing participatory instruments, while paying particular attention to the most underrepresented groups of society, notably young people, and further developing a European public sphere can contribute to reinforcing the democratic legitimacy of the EU;
Amendment 32 #
2020/2201(INI)
Motion for a resolution
Recital K
Recital K
K. whereas there is a need to enhance the European dimension of citizenship education, by improving theircitizens' understanding of the EU, in order to enable citizens’their participation;
Amendment 33 #
2020/2201(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas there is the need to recognise the work of civil society organisations in civic education and learning, and to encourage a holistic approach to citizenship education, including both formal and non-formal education and informal learning;
Amendment 34 #
2020/2201(INI)
Motion for a resolution
Recital L
Recital L
L. whereas existing successful projects on citizen participation, such as European HomeParliaments and EU Youth Dialogue, have demonstrated that citizens would like to be included in EU decision- making processes on a regular basis; whereas the Council remains a closed- door institution as confirmed by the European Ombudsman’s inquiry OI/2/2017/TE into the Council’s lack of transparency regarding public access to its legislative documents and its decision- making process;
Amendment 35 #
2020/2201(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. whereas the European Citizens' Consultations of 2018 provide valuable experience of engagement with citizens on European topics; whereas the lack of concrete follow-up and continuity in the process led to mixed results from this participatory effort;
Amendment 45 #
2020/2201(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines that there is an underlying tension between the vision of a EU centred around Member States and a EU centred around EU institutions which can be surpassed by developing an approach and instruments for a European Union of citizens;
Amendment 48 #
2020/2201(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that the existing participatory instruments should be improved and new ones developed, to make citizens’ participation more accessible, inclusive, meaningful and effective;
Amendment 50 #
2020/2201(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that the existing participatory instruments should be improved to make citizens’ participation more accessible and effective;
Amendment 55 #
2020/2201(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines the benefits of engaging with citizens in the development of a European public sphere and in the reinforcement of the democratic legitimacy of the EU;
Amendment 59 #
2020/2201(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises that the EU institutions have to be informed of citizens’ concerns and need to be more attentive to these concernmust provide appropriate follow-up in the ensuing decision-making process;
Amendment 61 #
2020/2201(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines the need to engage with young people in particular in a political debate on the future of Europe, as today’s decisions will determine their futur and involve them consistently in participatory mechanisms and regularly held citizens' dialogues, as today’s decisions will determine their future; stresses the need for a module on EU functioning and history to be included in educational curricula and calls on the Commission to propose guidelines for such a module;
Amendment 66 #
2020/2201(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to launch an annual European Union Olympiad competition on EU functioning and history for young people in high-schools, in order to boost interest, participation and debate on EU affairs;
Amendment 70 #
2020/2201(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the need for permanent participatory mechanisms to allow for citizens’ participation in EU decision- making; considers that the Conference on the Future of Europe should discuss mechanisms for the active participation of citizens in the consultation process leading to the establishment of the annual Work Programme of the Commission and of the State of the Union address; notes that such a mechanism could work on an annual basis, starting in the first months of each year with national citizens agoras that should prepare the priorities to be discussed in a transnational European Citizens Agora which could be held on Europe Day; points out that the priorities resulting from the European Citizens Agora should be presented to the EU institutions in order to feed into the consultation mechanism that leads to the establishment of the annual Work Programme of the Commission;
Amendment 73 #
2020/2201(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the need for permanent participatory mechanisms to allow for citizens’ participation in EU decision- making at all stages and beyond the act of voting and other existing channels and instruments;
Amendment 77 #
2020/2201(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Points out that the current concept and practice of Citizens’ Dialogues should be reinforced and updated;
Amendment 81 #
2020/2201(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights the fact that regularly held citizens’ dialogue participation processes with citizens could serve different purposes, such as determining annual political or legislative priorities, developing specific proposals in relation to specific questions, discussing institutional matters or deciding on the spending of certain public resources;
Amendment 84 #
2020/2201(INI)
8. Recalls that citizens’ dialogues should intend to provide a means for individuals to express their ideas and concerns; underlines the fact that they have to be participatory, inclusive, open, deliberate, transnational, transparent, accountable, effective, visible and attractive;
Amendment 87 #
2020/2201(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses the need to enhance the European dimension of citizenship education in order to enable citizens’ participation and ability to act as responsible citizens and to fully participate in civic and social life at both, the European level as well as the Member State level, based on understanding of social, economic, legal and political concepts and structures, as well as global developments and sustainability;
Amendment 88 #
2020/2201(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Proposes to establish a European Network for Citizenship Education to provide a platform for exchange on best- practices and knowledge on methods of enhancing the European dimension of citizenship education;
Amendment 89 #
2020/2201(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Calls on the Commission to develop a comprehensive European strategy to enhance citizenship competences in the EU and develop supportive measures aimed at providing equal access to citizenship education to all people residing in the EU to enable them to exercise their political rights;
Amendment 100 #
2020/2201(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that the purpose, rules and timeframes of citizens’ dialogues must be communicated from the very beginning in order for them to be effective;
Amendment 101 #
2020/2201(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that the purpose of citizens’ dialogueany participatory process must be communicated from the very beginning in order for them to be effective;
Amendment 102 #
2020/2201(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Emphasises the need to have a good balance between a common format and diverse national practices for the regularly held citizens` dialogues in order to provide citizens with an European framework that accommodates various traditions of deliberation at the national level;
Amendment 104 #
2020/2201(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls that, prior to the launching of these dialogueany participatory process, the EU institutions must commit themselves to following up on their outcome in the light of their competences and legislative procedures; notes that citizens’ disappointment often stems from politicians over-promising and under- delivering;
Amendment 109 #
2020/2201(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that the outcome of the participatory process must be clearly defined, so that it can be subject to ainstitutions must actively provide assistance to the participants throughout the participatory process enabling an appropriate legally binding follow-up; proposes that participants should be provided with written feedback at the end of such exercises, since they ensure the accountability of the institutions and the credibility of such processes;
Amendment 110 #
2020/2201(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls for fact-checking and moderation with regards to disinformation in the functioning of online platforms that are used to engage with citizens;
Amendment 113 #
2020/2201(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that citizens’ participatory processes, as the work of the EU administration, must adhere to the highest possible level of transparency;
Amendment 114 #
2020/2201(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Underlines the potential of new technologies which can provide new avenues to engage with citizens, to ensure an effective bottom-up approach and improve the capacity of citizens to hold institutions accountable;
Amendment 116 #
2020/2201(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Highlights the need to establish a proper follow-up mechanism forframework for the follow-up on citizens’ dialogues in order to take citizens’ input seriouslyeffectively into account; proposes that part of the follow- up could be to translate the outcome into initiative reports and public hearings and to involve citizens throughout these steps;
Amendment 117 #
2020/2201(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Believes that, in accordance with Article 15 of Regulation (EU) 2019/788 on the ECI, in case the Commission, within the given deadlines, has failed to publish its intentions, or has set out in a communication that it intends not to take action on a European Citizens’ Initiative (ECI), which has met the procedural requirements and is in line with the Treaties, in particular the core values of the Union, enshrined in Article 2 TEU, Parliament could decide to follow up the ECI with a legislative own-initiative report (INL); urges the Commission to commit itself to submit a legislative proposal following Parliament’s adoption of such an INL; proposes in that regard to modify the current framework agreement between the European Parliament and the European Commission;
Amendment 127 #
2020/2201(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Proposes the establishment of an independent civil society organisation or foundationnetwork that brings together different democracy initiatives and that focuses on making citizens more influential in policy- making;
Amendment 133 #
2020/2201(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Proposes the introduction of a citizens’ consult' participations mechanisms for pilot projects, since this would enable citizens to be involved inluding ‘participatory budgeting’ to allow the shaping of the expenditure side of the Union's budget and would therefore pave the way towards creating a participative budget at EU level‘crowdsourcing’ to enable citizens to be involved in the co-creation of policies with EU decision-makers;
Amendment 143 #
2020/2201(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Underlines the need for a solid follow-up on the outcome of the Conference, keeping citizens informed on the different steps in the resulting decision-making process, ensuring the dialogue with citizens is meaningful and continues after the formal end of the Conference on the Future of Europe;
Amendment 144 #
2020/2201(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
Amendment 1 #
2020/2142(DEC)
Draft opinion
Recital A
Recital A
A. whereas, under the terms of Article 319 of the Treaty on the Functioning of the European Union (TFEU), the European Parliament shall give a discharge to the Commission in respect of the implementation of the general budget of the European Union; whereas the Council’s budget is a section of the Union budget;
Amendment 3 #
2020/2142(DEC)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas, under the terms of Article 319 (2) TFEU, the Commission must submit to the European Parliament, at the latter’s request, any necessary information concerning the execution of expenditure and the operation of financial control systems;
Amendment 7 #
2020/2142(DEC)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas the European Court of Justice’s case-law supports the right of taxpayers and public opinion to be kept informed on the use of public revenues;
Amendment 8 #
2020/2142(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Regrets that,Stresses the need for a Memorandum of Understanding between the European Parliament, the Council and the Commission on the provision of the information necessary for the European Parliament to take an informed decision on discharge; regrets that negotiations with the Council to that end have still not resumed and this despite the letter sent by Parliament's Committee on Budgetary Control on 25 May 2020 to the secretary- general of the Council to inform that Parliament's Committee on Budgetary Control has been mandated by Parliament's Conference of Presidents to reopen negotiations with the Council on cooperation during the annual discharge procedure, those negotiations have not yet resumed;
Amendment 14 #
2020/2142(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Is of the opinion that Parliament should address its decisions on discharge in respect of the implementation of the budget to the Commission alone, while continuing the practice of adopting accompanying resolutions with observations addressed to each of the Union’s institutions and bodies, so as to ensure that no section of the EU budget is implemented without proper scrutiny;
Amendment 17 #
2020/2142(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. ConsidersSuggests that, while the current situation could be improved through better cooperation between the Union institutions within the Treaty framework, a revision of the Treaties could ultimately be required, so as to offer more legal clarity with regard to the discharge procedure by giving the European Parliament the explicit competence to grant discharge to all institutions and bodies individually; believes, in that regard, that the Conference on the fFuture of Europe provides an opportunity to discuss such a proposals to enhanc and explore possible ways to increase transparency and democratic accountability with regard to the protection of the Union’s financial interests.
Amendment 21 #
2020/2141(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that Rule 11 of the Rules of Procedure has introduced an obligation for rapporteurs, shadow rapporteurs and committee chairs to publish information on meetings held with interest representatives in the context of their reports; notes with satisfaction that, since the start of the new legislature, the necessary infrastructure has been available on Parliament’s website to allow Members to publish scheduled meetings with interested representatives in order to improve transparency; stresses, however, that the tool for publication of meetings needs further improvement in order to fulfil its function to make Parliament more open, transparent, and accountable to citizens;
Amendment 24 #
2020/2141(DEC)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Notes that 324 out of the 705 of current Members had published at least one meeting with an interest representative by 01 December 2020 on Parliament’s website; urges Parliament to take appropriate measures to ensure that all rapporteurs, shadow rapporteurs and committee chairs comply with the obligation to publish their lobby meetings, including by enhancing its communication towards Members about the obligation of publishing such information and to further encourage the publication of lobby meetings on Parliament’s website in all other cases as well;
Amendment 36 #
2020/2141(DEC)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Recalls nevertheless that the turnout remained too low in certain countries; considers that this type of communication campaign should be ongoing, with a particular focus on those countries;
Amendment 122 #
2020/2141(DEC)
Motion for a resolution
Paragraph 79 a (new)
Paragraph 79 a (new)
79 a. Stresses that Parliament’s establishment plans have remained relatively stable since 2012, while at the same time increasing the number of temporary staff ; highlights the number of contract staff employed by the European Parliament has increased by 121% between 2012 and 2018 to compensate for the replacement of permanent staff, with a similar trend in 2019; notes the Court’s annual reports on the implementation of the Union budget for 2019 did not scrutinise whether these replacements have resulted from transfers of employees based in Strasbourg or Luxembourg to Brussels; calls on the Parliament’s human resources unit to share information on staff relocation at Parliament's three places of work since 2012, either as part of the annual discharge procedure or by sharing relevant information to the Court for inclusion in the next annual reports on budget implementation;
Amendment 190 #
2020/2141(DEC)
Motion for a resolution
Paragraph 92 a (new)
Paragraph 92 a (new)
92 a. welcomes that 100% of all A4 paper used in Parliament's offices is recycled and welcomes the significant decrease of paper purchase in 2019 compared to 2018; welcomes the Parliament's efforts to increase the number of paperless meetings and calls for more training to be ofered to all Members, staff and APAs about the paperless tools which have been created to enable less documents to be printed and for further communication campaigns;
Amendment 192 #
2020/2141(DEC)
Motion for a resolution
Paragraph 92 b (new)
Paragraph 92 b (new)
92 b. Calls for further ambitious actions to be undertaken swiftly and believes that the ultimate goal should be a Parliament free of single-use plastic;
Amendment 24 #
2020/2140(DEC)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes that the new regulation on a general regime of conditionality for the protection of the Union budget is applicable since 1st January 2021;stresses that the Court of Justice of the European Union has already unequivocally established in its recent judgment in case C-5/16 Poland v EP & Council[1]that statements contained in European Council Conclusions cannot prevail over or modify the text of the regulation;calls therefore on the European Commission, as “Guardian of the Treaties" to apply the regulation from the date it entered into force and start the rule of law mechanisms when it is necessary; [1] Judgment of 21 June 2018, EU:C:2018:483.
Amendment 37 #
2020/2140(DEC)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Recalls that Commission established the Early Detection and Exclusion System to reinforce the protection of the Union's financial interests and to ensure sound financial management and to ensure that those companies and beneficial owners cannot benefit from EU funds who have been convicted in relation of fraud or corruption or other criminal activities related to use of Union funds, or against whom at least OLAF issued judicial recommendations to the criminal authorities of the Member States as of 1 January 2016; deplores the fact that this “EU blacklist” contains only 5 companies at the moment, is of the opinion that this tool could help the EU institutions and national bodies to better fight and prevent corruption and fraud in the Member States; calls therefore on the Commission to improve its use of this tool to connect the blacklist to the OLAF and EPPO and the national databases and create an automated system, which updates this database with reliable and timely information;
Amendment 198 #
2020/2140(DEC)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41 a. Welcomes that the Commission’s work on the next EU’s financial programming and budget initiated before and throughout 2019 led to the introduction of a legally binding timetable, of new EU-wide streams of revenue, or ‘own resources’ intended to repay common European borrowing; Recalls the predominance of the Gross National Incomes (GNI) contributions in the EU budget; Stresses that new own resources come at a reduction of the share of national GNI-based contributions in the financing of the Union’s annual budget and do not therefore contribute to an overall increase of the EU budget; Urges the Commission to propose a diversification of its revenue sources to ensure the EU becomes truly independent vis-a-vis Member States’ contributions while significantly increasing the budget for EU programmes.
Amendment 233 #
2020/2140(DEC)
Motion for a resolution
Paragraph 62 a (new)
Paragraph 62 a (new)
Amendment 321 #
2020/2140(DEC)
Motion for a resolution
Paragraph 94 – indent 1 b (new)
Paragraph 94 – indent 1 b (new)
- Calls on the Commission urgently to start working on an effective methodology, where relevant, and in accordance with sectoral legislation, for monitoring climate spending and its performance in view of achieving an overall target of at least30 % of the total amount of the 2021-2027 Union budget and Next Generation EU(NGEU) expenditures supporting climate objectives;
Amendment 367 #
2020/2140(DEC)
Motion for a resolution
Paragraph 102 a (new)
Paragraph 102 a (new)
102 a. Is deeply concerned that since 2019 a growing number of Managing Authorities of European Structural and Investment Funds (ESIF) in Poland have adopted resolutions declaring themselves free from so-called ‘LGBTI ideology’ or have adopted ‘Regional Charters of Family Rights’ discriminating in particular against single-parent and LGBTI families; Insists on the fact that, in line with Regulation No 1303/20131a, the use of EU funds must comply with the principle of non-discrimination; Highlights that the new Common Provisions Regulation (CPR) for shared management funds entered into force in 2021 further reinforces the need of compliance of EU funds with the anti- discrimination principle and the charter of fundamental rights; _________________ 1aRegulation laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation
Amendment 368 #
2020/2140(DEC)
Motion for a resolution
Paragraph 102 b (new)
Paragraph 102 b (new)
102 b. Believes that there is a clear risk of breach of the anti-discrimination provisions regulating the use of EU funds in these municipalities and regions;
Amendment 369 #
2020/2140(DEC)
Motion for a resolution
Paragraph 102 c (new)
Paragraph 102 c (new)
102 c. Calls on the Commission to carry an in-depth audit of the use of ESIF in these regions since 2019 and its compliance with EU law, in particular with the anti-discrimination provisions; Calls of the Commission to make use of every tool at its disposal, including financial corrections and fines, in case it finds clear evidence of misuse of funds on those grounds; Asks the Commission to report to the discharge authority the findings of this investigation;
Amendment 500 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 – indent 4 – point f a (new)
Paragraph 128 – indent 4 – point f a (new)
f a. underlines that agriculture can also remove the emissions from atmosphere naturally, through for example soil carbon sequestration.
Amendment 510 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 – indent 5 – point e b (new)
Paragraph 128 – indent 5 – point e b (new)
e b. Deplores the low level of organic farming in Europe, which is only 7.5% given the resources invested
Amendment 512 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 – indent 5 – point e d (new)
Paragraph 128 – indent 5 – point e d (new)
e d. Calls the EC to put in place a performance based model in the CAP that should work based on these same indicators , giving quantified values to identify milestones; Insist on the need to provide significant additional information on performance towards achieving policy objectives on biodiversity and climate actions.
Amendment 513 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 – indent 5 – point e e (new)
Paragraph 128 – indent 5 – point e e (new)
e e. emphasises that better insight is needed into sectors such as agriculture and forestry; calls on the Commission to take account of suggested further improvements in reporting how EU and national mitigation policies contribute to meeting emission reduction targets
Amendment 514 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 – indent 5 – point e f (new)
Paragraph 128 – indent 5 – point e f (new)
e f. Insists that the Commission propose to introduce a specific mechanism of complaint into the CAP rules to support the farmers confronted with land-grabbing malpractices, criminal structures or organised crime or persons being subject to forced or slave labour.
Amendment 4 #
2020/2133(INI)
Motion for a resolution
Citation 13
Citation 13
— having regard to the recommendations of Transparency International, the Council of Europe’s Group of States against Corruption (GRECO), and the Organisation for Economic Co-operation and Development (OECD),
Amendment 8 #
2020/2133(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the TEU stipulates that ‘the Union shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions, bodies and agencies’; whereas this implies that public decisions are taken in the interest of the common good and not according to the financial power of individual actors;
Amendment 9 #
2020/2133(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that the European institutions have a fragmented approach to the prevention of conflicts of interest and that each institution applies its own rules; considers that the establishment of a new ethics body could contribute to a harmonised interpretation of existing rules and to strengthening their implementation;
Amendment 10 #
2020/2133(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Notes that the European Parliament has established the Advisory Committee on the Conduct of Members as the body responsible for giving Members guidance on the interpretation and implementation of the Code of Conduct; it also assesses alleged breaches of the Code of Conduct and advises the President on possible action to be taken;
Amendment 23 #
2020/2133(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the shortcomings of the current EU ethics framework derive largely from the fact that it relies on a self- regulatory approach and lacks adequate human, due to the absence of EU Criminal law, and financialsufficient resources and competences to verify information;
Amendment 34 #
2020/2133(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the European Court of Auditors recommended, in its Special Report 13/2019, the use of a harmonised approach to handling ethical issues within the EU institutions;
Amendment 42 #
2020/2133(INI)
6. Considers that for proper expertise to be acquired, the future ethics body should have a permanent, independent and collegiate structure, and that its composition could be based either on specific institutional positions, such as that of the President of the Court of Justice, or on the nomination of experts by each EU institution; considers that the members of the college must offer guarantees in terms of independence, impartiality, integrity, probity and experience;
Amendment 42 #
2020/2133(INI)
Motion for a resolution
Recital G
Recital G
G. whereas allsome lead candidates in the 2019 European elections committed tosupported the creation of an independent ethics body common to all EU institutions; whereas the President of the Commission committed tosupports it in her political guidelines and whereas Parliament has already supported this view;
Amendment 53 #
2020/2133(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recommends therefore that, while fully keeping its competence on the matter, the Committee on Legal Affairs decide on the existence of a conflict of interest after having received a non-binding recommendation by such an independent expert advisory body, which would have the effect of strengthening its action;
Amendment 62 #
2020/2133(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Believes furthermore that this future advisory body could also be entrusted with thea broader task ofsupport role in order to examininge conflicts of interest within the EU institutions and agencies in general, including for Members of the European Parliament and senior officials, playing, in a complementary and balanced way, a preventive role via awareness raising and ethical guidance powers on the one hand, and a compliance role on the other.
Amendment 69 #
2020/2133(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that the examination of conflicts of interest should be carried out on taking up a post, during the performance of the duties involved and on leaving a post; is of the opinion that such an examination should include the checking of statements made and compliance with the rules on transparency and lobbying the European institutions;
Amendment 69 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – introductory part
Paragraph 2 – introductory part
2. Considers that the new EU Ethics Body should be delegated a list of competences to implementpropose and advise on ethics rules for Members and staff; takes the view that this list should include by way of a minimum the competences provided for in:
Amendment 72 #
2020/2133(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Considers that an institutional culture based on prevention, support and transparency requires close cooperation with the various bodies and institutions subject to oversight; considers that, in due course, internal administrative services responsible for ethical issues could be replaced by contact points responsible for relations with the European ethics body;
Amendment 74 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 2
Paragraph 2 – indent 2
- Parliament’s Rules of Procedure: Rules 2, 10(5, 6 and 7) and 11, 176(1), Annex I, Articles 1 to 3, 4(6), 5 and 6 and Annex II,
Amendment 76 #
2020/2133(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Considers that such a body should have investigative powers, as well as the power to request and have access to administrative documents;
Amendment 77 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 3
Paragraph 2 – indent 3
- the Commission’s Rules of Procedure: Article 9, its Code of Conduct, Article 2 and Articles 5-11, and Annex II, and its Decision of 25 November 2014 on the publication of information on meetings held between Members of the Commission and organisations or self-employed individuals, and the same decision for Directors-General,
Amendment 79 #
2020/2133(INI)
Draft opinion
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Considers that the consultation, prevention and support tasks of the future ethics body could be accompanied by the possibility of sanctions in order to ensure that its recommendations are followed up; considers that the publication or forwarding of recommendations and opinions could constitute a form of sanction in itself; stresses that such a body should not replace the CJEU;
Amendment 80 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 4
Paragraph 2 – indent 4
- the Staff Regulation’s Articles 11, 11(a), 12, 12(a), 12(b), 13, 15, 16, 17, 19, 21(a), 22(a), 22(c), 24, 27 and 40, applying mutatis mutandis to all personnel employed by the agencies if signatories of the IIA
Amendment 83 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls the difference between Members of Parliament who are elected and receive allowances, and civil servants who are appointed and receive a salary; stresses that for the former, control should take place after the election, and for the latter before the appointment
Amendment 86 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2 d. Points out, however, that the final decision making concerning the adoption of ethics rules as well as decisions on sanctions remain the prerogative of the participating Institutions
Amendment 90 #
2020/2133(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that the Members and staff of the participating institutions should be covered by the agreement before, during and in some cases after the term of office or service in line with the applicable rules; considers that this should apply to Members of Parliament, Commissioners and all EU staff falling under the scope of the Staff Regulation;
Amendment 95 #
2020/2133(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that the IIA should be open to the participation of all EU institutions and bodies; believes that the IIA should allow the Ethics Body to conclude agreements with national authorities with a view to ensuring the exchange of information and best practices necessary for the performance of its tasks;
Amendment 106 #
2020/2133(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the participating institutions should entrust the EU Ethics Body with monitoring powers over ethics standards, as well as advisory, investigative and enforcement powersthe capacity to propose sanctions, if appropriate;
Amendment 108 #
2020/2133(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Highlights that public officials are not in a position to conduct self- assessments concerning matters of conflict of interest or the respect of ethical standards; underlines that this task should fall under the competence of the EU Ethics body, as an independent specialised third party;
Amendment 118 #
2020/2133(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Believes that the EU ethics body should conduct studies, compile annual statistics on financial interest declarations, revolving door cases and other relevant information;
Amendment 119 #
2020/2133(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Considers that the new EU Ethics Body should have competence to contribute by way of proposals to the development and periodic update of a common ethical framework for the EU institutions, including common rules and a common model for declarations of financial interests in a machine-readable format;
Amendment 125 #
2020/2133(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Considers that the EU Ethics Body should be given the task to develop an EU public portal with relevant information on ethics rules, reports on best practices, studies, statistics, as well as a database containing the declarations of financial interests of all the participating institutions;
Amendment 135 #
2020/2133(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that in relation to its enforcement powers, the body cshould take over from the Appointing Authority in dealing with staff ethics obligations, and that in relation to Members of Parliament or Commissioners, the body could be granted enforcement powers within the limits of the provisions contained in the Treaties, and without prejudice to any additional mechanisms provided for in Parliament’s Rules of Procedure, in particular concerning termination of officeissue recommandations to the responsible authorities of the respective participative Institutions and without prejudice to any additional mechanisms;
Amendment 172 #
2020/2133(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Suggests that each institution choose these members in particular from among former judges of the CJEU, former or current members of highest courts of Member States, former Members of the European Parliament, former staff of the participating institutions and bodies, former EU Ombudsmen, and members of the ethics authorities in Member States; suggests further that the body elect a President and two Vice- Presidents from among its members;
Amendment 187 #
2020/2133(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Proposes a two-step approach whereby, in the event that the EU Ethics Body becomes aware of a breach or possible breach of ethics rules, it first recommends actions to put an end to the breach; considers that this first preventive step should ensure confidentiality and the right of the person to be heard; suggests that in the event that the individual concerned refuses to take the appropriate actions, the EU Ethics Body should make relevant information, without prejudice to the GDPR, about the case publicly available and drecideommend, if appropriate, on sanctions; considers that this two-step approach should apply provided that there are no reasonable grounds to believe that the individual acted in bad faith and recommends that intentional breach, gross negligence, the concealment of evidence and non- compliance with the obligation to cooperate should be, as such, subject to sanctions, even when the breach itself has ceased;
Amendment 1 #
2020/2132(INI)
Draft opinion
Recital 1 a (new)
Recital 1 a (new)
A. whereas the Commission shall promote the general interest of the Union and take appropriate initiatives to that end; whereas Union legislative acts may only be adopted on the basis of a Commission proposal, except where the Treaties provide otherwise, as laid down in Article 17 of the Treaty of European Union (TEU);
Amendment 1 #
2020/2132(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to its resolution of 15 January 2020 on the European Parliament’s position on the Conference on the Future of Europe,
Amendment 2 #
2020/2132(INI)
Draft opinion
Recital 1 b (new)
Recital 1 b (new)
B. whereas the Treaties grant Parliament the direct right of initiative only in very limited cases, namely its own composition, the election of its members and their Statute, the Statute of the European Ombudsman, to initiate a rule of law procedure, to set up temporary inquiry committees and to initiate Treaty revisions; whereas Parliament has the right to request from the Commission to submit any appropriate proposal on matters it considers relevant for a Union act for the purpose of implementing the Treaties, according to Article 225 of the Treaty on the Functioning of the European Union (TFEU); whereas Rule 47 of the Rules of Procedure of the European Parliament (RoP) further details this indirect right of initiative;
Amendment 2 #
2020/2132(INI)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
— having regard to its resolution of 18 June 2020 on the European Parliament’s position on the Conference on the Future of Europe,
Amendment 3 #
2020/2132(INI)
Draft opinion
Recital 1 c (new)
Recital 1 c (new)
C. whereas Article 225 TFEU obliges the Commission to give reasons, in case it would not submit a legislative proposal as requested by Parliament; recalls thereby the compulsory character of this Treaty provision;
Amendment 4 #
2020/2132(INI)
Draft opinion
Recital 1 d (new)
Recital 1 d (new)
D. whereas the European Parliament is the only directly elected EU institution, which at the same time has less legislative initiative powers than most national parliaments;
Amendment 5 #
2020/2132(INI)
Draft opinion
Recital 1 e (new)
Recital 1 e (new)
E. whereas Ms Ursula von der Leyen, before she was elected President of the Commission, committed to respond to legislative initiatives, when adopted by a majority of Parliament’s members and in full respect of the proportionality, subsidiarity, and better law-making principles;
Amendment 6 #
2020/2132(INI)
Draft opinion
Recital 1 f (new)
Recital 1 f (new)
F. whereas the Conference on the Future of Europe will be an avenue for further reflection with civil society on how to best strengthen the Parliament’s right of initiative with regards to better law- making;
Amendment 7 #
2020/2132(INI)
Draft opinion
Recital 1 g (new)
Recital 1 g (new)
Amendment 15 #
2020/2132(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Believes that, in accordance with Article 15 of Regulation (EU) 2019/788, in case the Commission has failed to publish its intentions or has set out in a communication that it intends not to take action on a European Citizens’ Initiative (ECI) that has met the procedural requirements, Parliament could decide to follow up with an INL report that is based on the ECI; Urges the Commission to commit itself to submit a legislative proposal following the adoption of a Parliament’s initiative that is based on an ECI that has met the procedural requirements and that is in line with the Treaties and the core values of the Union enshrined in Article 2 TEU; Proposes in that regard to modify the Interinstitutional Framework Agreement on relations between the European Parliament and the European Commission;
Amendment 26 #
2020/2132(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises that Parliament fully adheres to the interinstitutional agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making, which stresses the necessity of a prior "European added value" analysis as well as a "cost of non- Europe" assessment;
Amendment 45 #
2020/2132(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Notes that these developments are part of a wider trend whereby aforementioned institutions increasingly usurp decision-making power in all EU policy fields; stresses that this practice erodes the institutional balance of the EU as established by the Treaties; believes that the balance should be restored in favour of democratic legitimacy through equivalent rights for Parliament;
Amendment 54 #
2020/2132(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Regrets that, until 2019, the follow- up on Parliament’s legislative initiative reports adopted pursuant to Article 225 of the TFEU showed that the Commission had only delivered legislative proposals following Parliament requests in a minority of cases8 ; further regrets that the deadlines for the Commission to respond to Parliament requests and to put forward legislative proposals were not adhered to in most casespractically never adhered to; _________________ 8 Study entitled ‘The European Parliament’s right of initiative’, p. 54 (see footnote 7 above).
Amendment 65 #
2020/2132(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Strongly believes that when the Treaties are next revised, Parliament, as the only directly elected EU institution, should be granted the right to initiate legislationa genuine and general right to initiate legislation; such right of initiative should at least apply in those policy fields in which Parliament is empowered to enact legislation as co- legislator;
Amendment 72 #
2020/2132(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is deeply convinced that a general and direct right of initiative would further strengthen the democratic legitimacy of the Union and empower Union citizens; believes that it would reflect the evolution over time of the competences of the Union and its institutionstowards a genuine European democracy, and is of the opinion that Parliament, as the only directly elected EU institution, should be granted the right to propose legislation and policy initiatives, as national parliaments may, when the Treaties are next revised;
Amendment 96 #
2020/2132(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Commits to continue exploring the full potential offurther strengthen Parliament’s indirect right of initiative as provided for in the Treaties and further developed in interinstitutional agreements and through the commitment of President von der Leyen; calls on the Commission and the Council to jointly evaluate the functioning of the 2010 Framework Agreement and to engage in discussions on a revision to ensure its provisions and timeframes can be effectively upheld;
Amendment 98 #
2020/2132(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Considers it appropriate to review its internal rules, procedures and requirements, also with regard to the drafting of legislative initiative reports under Article 225 of the TFEU to ensure that proposals are focused and well- substantiated; points, in this regard, to the need to address requests to the Commission alone and to ensure that the content of legislative initiative reports remains within the scope of the subject matter of the authorised report; underlines that the adoption of focused and well- substantiated reports under Article 225 of the TFEU by the Parliament requires that the necessary technical and administrative capacity therefor is ensured;
Amendment 99 #
2020/2132(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Recognises that legislative own- initiative reports (INL) find their basis in Art. 225 of the Treaty of the Functioning of the European Union, and therefore commits to favour these instruments as the primary means to request the submission of legislative proposals by the Commission;
Amendment 103 #
2020/2132(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Believes that the Commission, when assessing the subsidiarity, proportionality and better lawmaking principles as part of its follow-up on Parliament requests for legislative proposals under Article 225 of the TFEU, should take due account of the accompanying analyses concerning ‘European added value’ and the ‘cost of non-Europe’ produced by Parliament; points out that under the Interinstitutional Agreement on Better Law-Making, the Commission is already obliged to respond to any issues raised by the co-legislators in relation to such analyses; believes, furthermore, that the Commission should clearly refer to Parliament’slink draft proposals adopted under Article 225 of the TFEU when such proposals are followed by a legislative initiativeto the relevant INL or INI reports, providing a clear “legislative influence footprint”;
Amendment 104 #
2020/2132(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Commits to foster a stronger coordination with the Committee of the Regions and with the Economic and Social Committee by giving due account to their opinions into legislative own- initiative reports. Believes that, given the specific nature of these requests, a revised Framework Agreement should incentivize the Commission to transpose these own- initiative reports into a legislative proposal;
Amendment 106 #
2020/2132(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
Amendment 112 #
2020/2132(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Recalls the importance of citizens’ and civil society participation for the democratic legitimacy of the EU; calls on all EU institutions to involve them in a meaningful way in decision-making at all stages of the policy cycle;
Amendment 113 #
2020/2132(INI)
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30 b. Recalls that the Conference on the Future of Europe provides the opportunity to assess the EU’s institutional status quo and give new impetus to European democracy; calls on all participants to the Conference to consider a genuine right of initiative for the European Parliament;
Amendment 24 #
2020/2098(REG)
Title XIII a (new) – rule 237 a (new)
Amendment 31 #
2020/2098(REG)
Title XIII a (new) – rule 237 c (new)
Amendment 220 #
2020/2088(INI)
13. Acknowledges that despite the fact that the agreed reform of the Electoral Law has not yet been ratified by some Member States, further improvements are required, such as provisions for remote voting operations in defined or exceptional circumstances, the possibility for temporary replacement of Members to a period of absence in case of maternity, parental leave or severe illness, as well as on the elections in the joint European constituency;
Amendment 11 #
2020/2085(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas European citizens are increasingly concerned about animal suffering and improving the welfare of farm animals is an insistent and important demand from consumers; whereas high animal welfare standards contribute to the quality of products and farmers must be able to benefit from all the necessary support from the European Union to meet the expectations of European consumers by making a transition to models that better respect animal sensitivity;
Amendment 77 #
2020/2085(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that the COVID 19 pandemic has showed the interconnection between the health of humans, animals and the environment as evidenced notably by the case of animals bred for their fur; insists on the need to improve animal health in animal agriculture as part of the One Health approach ; calls on the European Commission to also develop the One Welfare approach as part of the revision of the legislation on animal welfare;
Amendment 88 #
2020/2085(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Takes note of the citizens' initiative "End the Cage Age" and calls for the revision of Directive 98/58 which would provide for a phasing out of cage farming systems as soon as possible as well as adequate measures to support farmers in this transition and ensure a fair level playing field;
Amendment 92 #
2020/2085(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Stresses that legislation relating to the welfare of farm animals must be species specific and should be compatible with scientific data relating to animal sensitivity and be updated as scientific knowledge evolves;
Amendment 106 #
2020/2085(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the Council’s efforts to promote the development of an EU animal welfare label based on harmonised and technically substantiated criteria; takes the view that this label should provide consumers with information relating to all stages of the life of farm animals from birth including transport and slaughter;
Amendment 112 #
2020/2085(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Deplores the low level of checks on compliance with animal welfare legislation; calls for increased efforts in monitoring implementation and for the use of harmonised and appropriate sanctions in all Member States; calls on the European Commission to launch infringement procedures against Member States that fail to meet their animal welfare obligations without delay;
Amendment 126 #
2020/2085(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Encourages the Member States to strengthen awareness of animal welfare in the context of school courses and in particular in agricultural training courses;
Amendment 134 #
2020/2085(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Draws attention to the importance of animal welfare during transport and welcomes the establishment of the ANIT committee of inquiry; recalls that the transport of live animals leads too often to severe animal welfare problems; calls on the European Commission and the Member States to encourage a transition to the transport of meat, carcasses and genetic material and to explore the possibilities of using and developing mobile slaughterhouses and on-farm slaughter;
Amendment 143 #
2020/2085(INI)
3a. Welcomes the renewing of the mandate of the Platform on Animal Welfare by the European Commission; takes the view that exchanges of good practices should be further strengthened and that the experts of the Platform should be entitled to make recommendations for new legislation or revising existing ones where needed;
Amendment 199 #
2020/2085(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Points out that individual management practices often have a greatersubstantial influence on animal welfare than rules alone; calls on the Commission to adopt a more output-oriented approach to future projects;
Amendment 14 #
2020/2075(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls urgently on the Commission and the European Council to closely integrate the European Pillar of Social Rights into the economic governance of the Union;
Amendment 23 #
2020/2075(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that the Eurogroup and the Euro Summit are informal formations of the Union; notes that this represents a significant impediment to the democratic legitimacy of the Union as a whole and calls for their integration into the treaty framework;
Amendment 26 #
2020/2075(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recalls that according to the protocol 14 TFEU, each Member State is destined to adopt the Euro;
Amendment 27 #
2020/2075(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
Amendment 29 #
2020/2075(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Recalls that according to the article 121 and 126 TFEU, the European Parliament cannot scrutinize nor amend the recommendations made by the Council inside the framework of the European Semester; Considers urgent a treaty revision in order to increase democratic legitimacy by a Parliament's approval of the recommendations;
Amendment 44 #
2020/2075(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls the importance of pargender equality; regrets that only applications from male candidates have been submitted to Parliament for the latest posts to be filled in the economic bodies of the Union;
Amendment 40 #
2020/2072(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Insists that the Annual Monitoring Cycle should be governed, at all its stages, by the principles of transparency, impartiality, and equality between Member States, be based on objective evidence, protected from any malicious disinformation strategy and lead to effective and realistic measures;
Amendment 55 #
2020/2072(INL)
Draft opinion
Paragraph 5 – subparagraph 1 (new)
Paragraph 5 – subparagraph 1 (new)
Stresses that the Council of Europe plays a crucial role in monitoring the respect of fundamental rights and the rule of law in Europe. Insists therefore that consultations with the Council and foremost the Venice Commission should take place on a regular basis and that their assessment should inform the evaluations and recommendations of the new joint monitoring mechanism.
Amendment 91 #
2020/2072(INL)
Draft opinion
Paragraph 11
Paragraph 11
11. Highlights that the Conference on the Future of Europe provides a momentum for better understanding the need to protect Union values in this context; therefore, in the event of Treaty changes being made and address the crisis of the Union founding values in this context; proposes to enhance the effectiveness of the Article 7 by ensuring the future, the effectiveness of the Article 7 procedure should be enhancedpresence of the Parliament in Article 7 hearings, and in the event of Treaty changes being made in the future, by removing the requirement for unanimity and reinforcing the sanction mechanism;
Amendment 74 #
2020/2027(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Acknowledges the intrinsic value of ecosystems and their right to protection and calls for the introduction of mechanisms to allow environmental organisations initiate legal proceedings on their behalf; calls for reporting and monitoring of the full restoration of ecosystems; stresses also the need for legal recognition of the shared world heritage;
Amendment 37 #
2020/0289(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Article 9(4) Aarhus Convention requires that court proceedings under the scope of Article 9(3) Aarhus Convention should not be prohibitively expensive. In order to ensure that judicial proceedings under Article 12 Regulation (EC) 1367/2006 are not prohibitively expensive and that costs are foreseeable for the applicant, the EU institutions or bodies should thrive to make reasonable cost requests when they are successful in litigation and should, in particular, not seek to pass on the costs of external representation.
Amendment 56 #
2020/0289(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1367/2006
Article 4 – paragraph 2
Article 4 – paragraph 2
1a. Article 4(2) shall be replaced by the following: ‘2. The environmental information to be made available and disseminated shall be updated as appropriate. In addition to the documents listed in Article 12(2) and (3) and in Article 13(1) and (2) of Regulation (EC) No 1049/2001, the databases or registers shall include the followingfollowing shall be included in the databases or registers as soon as they are consolidated: (a) texts of international treaties, conventions or agreements, and of Community legislation on the environment or relating to it, and of policies, plans and programmes relating to the environment; (aa) the positions of Member States as expressed in decision-making procedures leading to the adoption of Union legislation and administrative acts on the environmental or relating to it; (b) progress reports on the implementation of the items referred to under (a) where prepared or held in electronic form by Community institutions or bodies; (c) steps taken in proceedings for infringements of Community law from the stage of the reasoned opinion pursuant to Article 226(1) of the Treaty; (d) reports on the state of the environment as referred to in paragraph 4; (e) data or summaries of data derived from the monitoring of activities affecting, or likely to affect, the environment; (f) authorisations with a significant impact on the environment, and environmental agreements, or a reference to the place where such information can be requested or accessed; (fa) environmental impact studies and risk assessments concerning environmental elements, or a reference to the place where such information can be requested or accessed.’
Amendment 3 #
2019/2213(BUD)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the European Parliament has repeatedly called on the Council to strengthen the Union's Budget, especially concerning own resources as foreseen by the article 311 TFEU;
Amendment 4 #
2019/2213(BUD)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the focus on national issues by the Members of the European Council has led to a deadlock in the negotiations of the Union's budget; whereas , despite the calls from the European Citizens to act, this deadlock is due to a general lack of ambition, unwillingness to create genuine own-resources and a dysfunctional Institutional procedure in setting-up the EU Budget;
Amendment 5 #
2019/2213(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that communicreal and effective communication and consultation with citizens should be among the top priorities for the EU budget in order to ensure broad, active and effective involvement of citizens in the Conference on the Future of Europe;
Amendment 11 #
2019/2213(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that according to the treaties Members or former Members of the European Union are bound to their budgetary obligations until the end of their commitments and that not respecting these would have durable consequences for the mutual trust in their future relations.
Amendment 13 #
2019/2213(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Supports the creation of dedicated budget lines for the organisation and roll- out of the Conference on the Future of Europe in the budgets of various EU institutions and bodies, and the provision of the resources necessary for the achievement of the Conference goals; calls on the Commission and the Council to take into account in their allocated budget lines for the Conference the high level of ambition for this event as set by the Parliament in its resolution on this issue1a; _________________ 1aEuropean Parliament resolution of 15 January 2020 on the European Parliament’s position on the Conference on the Future of Europe (2019/2990(RSP))
Amendment 16 #
2019/2213(BUD)
2a. Insists that, considering the imperious need to have a solid budget to tackle the challenges of our time, the budget negotiations are not a session of horse trading between Member States; reiterates therefore its plea to the rapid setting up of genuine own resources as foreseen in article 311 TFUE in order to constitute a Union's budget more dependent on the common European interest than on consideration of domestic political nature;
Amendment 18 #
2019/2213(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the need for sufficient commitment to and payment appropriations for the Europe for Citizens Programme, the Rights, Equality and Citizenship Programme and the European Citizens’ Initiative, as these instruments are vital for intensifying the participatory democracy processes in the EU, building citizens’ trust and enhancing their understanding of EU policies; Calls for development of effective educational and communication programs, which should focus on the European history and to explain to the citizens both the challenges facing the European Union and the added value of belonging to a strong inclusive and democratic Union.
Amendment 23 #
2019/2213(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Insists that proper levels of financing be secured to enable the activities of the EU institutions and bodies, such as the Commission Representations, to counter disinformation. Underlines that East StratCom Task Force is underfinanced; Calls for a substantial increase in its budget in order for the EU to successfully counter-attack disinformation and foreign interferences; Calls for more information campaigns to better explain EU policies in the Eastern Partnership countries; Points out the paramount importance of the protection of our European democracies and exhorts the Member States to attribute more resources to tackling this issue;
Amendment 14 #
2019/2207(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Insists that Member States are responsible forbound to ensuringe a high level of mutual trust, which is premised on their obligation to respect the Treaties, in particular Article 4 §3 of the TEU), the Charter of Fundamental Rights and EU legislation, as well as on the adherence of their institutions to EU values, including the respect for the rule of law (Article 2 of the TEU);
Amendment 20 #
2019/2207(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights that the establishment of an EU mechanism on democracy, the rule of law and fundamental rights will contribute to reinforcing mutual trust between Member States; notes that a breach of Article 7 of the TEU by a Member States jeopardizes the good application of the FDEAW by diminishing the trust among Parties;
Amendment 34 #
2019/2207(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the FDEAW should be fully broughte advantages of integrating the FDEAW fully under the Lisbon Treaty as a new legislative instrumentEU regulation; is convinced that this would provide substantial benefits in terms of democratic legitimacy, legal certainty and transparency, enhance coherence with other criminal law instruments, and allow for clarification of ‘judicial authority’ as an autonomous concept of EU law; recalls however that this integration should not be done at the cost of a swift amelioration of the current framework application;
Amendment 44 #
2019/2207(INI)
Draft opinion
Paragraph 6 (new)
Paragraph 6 (new)
6 a. Proposes in that regard, that during the current legislative period the European Parliament holds regular hearings with Member-States and Eurojust in order to increase dialogue and transparency among the parties of the FDEAW;
Amendment 9 #
2019/2199(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Suggests to amend the tasks of the European Agency for Fundamental Rights to allow it to alert the Court of Justice to the European Union in case Member States do not adhere to the Charter of Fundamental Rights of the European Union or the European Convention on Human Rights and Fundamental Freedoms;
Amendment 28 #
2019/2199(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Suggests that the Conference on the Future of Europe should consider providing the Court of Justice of the European Union with jurisdiction over all aspects of EU law, in accordance with the principle of separation of powers; points out that extending the jurisdiction of the Court would also facilitate the accession of the EU to the Convention for the Protection of Human Rights and Fundamental Freedoms;
Amendment 31 #
2019/2199(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Stresses the importance of ensuring, in all Member States, effective and coherent protection of the rule of law and prevention of infringements of fundamental rights, and acknowledges that the rule of law plays a key role in preventing infringements of fundamental rights; recalls that fundamental rights are part and parcel of the EU's values and that Article 7 of the TEU contains a mechanism for responding to any serious, persistent breach or clear risk of a serious breach by a Member State of the values referred to in Article 2 of the TEU, and highlights that Article 7 should be applied uniformly to all Member States to ensure equality of treatment;
Amendment 34 #
2019/2199(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Recalls however, that the major obstacle in applying Article 7(2) of the TEU, in case of the existence of a serious and persistent breach of the fundamental values of the European Union in a Member State in accordance with Article 7(2) of the TEU, is the requirement of unanimity in Council;
Amendment 35 #
2019/2199(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Proposes that the Conference of Europe reviews the sanctions mechanisms provided by Article 7(3) of the TEU in order to better guarantee the protection of rule of law and of fundamental rights; recalls that the proposal for a regulation on the protection of the Union's budget in case of generalised deficiencies as regards to the rule of law in the Member States1 would allow introducing sanctions aimed at Member States whose disregard of the rule of law endangers the sound implementation of the EU budget and the financial interests of the EU; highlights, however, the need for changes to the EU Treaty in order to reinforce the overall sanctions mechanisms provided by Article 7 (3); 1COM(2018)0324 -2018/0136(COD)
Amendment 36 #
2019/2199(INI)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. Insists that the respect of the rule of law should be included as binding and enforceable criteria in the treaties concluding the accession of new Member States to the EU;
Amendment 15 #
2019/2132(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the crucial role of national parliaments in the pre-legislative scrutiny of draft EU laws and in their correct implementation by the Member Statesso that Member States are then better able to implement them correctly and promptly;
Amendment 34 #
2019/2132(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Regrets that there has been a 20% increase in the number of infringement proceedings on EU single market related legislation since December 2017, including 15.6% since 2018, and calls on Member States to transpose EU law quicker and more diligently;
Amendment 37 #
2019/2132(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Notes with concern that the EU average for transposition delays has increased with directives in 2019 having taken three months longer to be transposed into national legislation than in 2018;
Amendment 38 #
2019/2132(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Underlines the importance of the principle set out in paragraph 43 of the Inter-Institutional Agreement on Better Law-Making, that when the Member States, in the context of transposing directives into national law, choose to add elements that are in no way related to that Union legislation (also known as ‘gold- plating’), such additions should be made identifiable either through the transposing act(s) or through associated documents; notes that this information is often still lacking; calls on the Commission and the Member States to act jointly and consistently to tackle the lack of transparency and other problems related to ‘gold-plating’ as this practice can put unnecessary burdens on citizens, businesses and administrations;
Amendment 39 #
2019/2132(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Reaffirms that the Court of Justice of the European Union (CJEU) has the exclusive competence to interpret EU law;
Amendment 43 #
2019/2132(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the European Commission to launch infringement procedures if a Member State does not apply or respect the fundamental values referred to in Article 2 TEU, including the rule of law;
Amendment 2 #
2019/2057(DEC)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas all institutions are bound to cooperate to ensure the smooth functioning of the discharge procedure in full respect of the relevant provisions in the TFEU and in the relevant secondary law; whereas the lack of cooperation from the Council in the discharge procedure has resulted in Parliament’s refusal to grant discharge to the Secretary-General of the Council since 2009; whereas the sustained lack of cooperation from the Council makes it impossible for Parliament to take an informed decision on granting a discharge, which, as a result, has a lasting negative effect on citizens’ perception of the credibility of the EU institutions and of transparency in the use of EU funds; whereas this lack of cooperation also has an adverse impact on the functioning of the institutions and discredits the procedure for political scrutiny of budget management as laid down in the Treaties;
Amendment 11 #
2019/2057(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Believes that answers to a number of recurring questions in the questionnaires to the different institutions, bodies and agencies, such as those on gender- and geographical balance, conflict of interests, lobbying and whistle-blowers' protection, could possibly be included in the evaluation report on the Union's finances, drawn up in accordance with Article 318 TFEU, insofar as these issues have a link with the implementation of the budget; recalls that the report referred to in Article 318 TFEU is explicitly mentioned in Article 319(1) TFEU as one of the documents to be examined in the context of the discharge procedure;
Amendment 14 #
2019/2057(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Considers that the commitments of the Commissioners-designate constitute a positive change in attitude compared to the stance taken by the Commission hitherto, as expressed in its letter of 23 January 2014, in which it stated that the Commission should not be expected to oversee the implementation of the budgets of the other institutions;
Amendment 15 #
2019/2057(DEC)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Suggests that, if the negotiations on a memorandum of understanding are not resumed swiftly, Parliament insists on inserting a “rdv-clause”, in the context of the negotiations on the next MFF, in the proposal for an Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, by which the three institutions would commit themselves to jointly defining the practical arrangements for the sharing and provision of the necessary information to the European Parliament in the framework of the discharge procedure, as well as to starting negotiations to that effect without delay;
Amendment 18 #
2019/2057(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recalls that each institution and body is required under the Financial Regulation to take appropriate measures to act on the observations accompanying the European Parliament’s discharge decision and to report on the measures taken in light of those observations; points out that a refusal by an institution to comply with this requirement, after being called upon to act, might give rise to an action for failure to act under Article 265 TFEU;
Amendment 2 #
2019/2028(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises the need to continue efforts to fight fake news and disinformation with proper and independent levels of financing for these activities.
Amendment 3 #
2019/2028(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the proposed increases of 3,1% in commitment appropriations, but regrets the decrease of 3,8% in payment appropriations for the ‘Europe for Citizens’ programme; condemns the Council for its position to reduce by 4,4% the commitments appropriations for that aim considering that it was one of the key institutional demands of the Parliament. Welcomes the 5,3% increase in commitment appropriations and 21,3% in payment appropriations for the “Rights, Equality and Citizenship” programme but regrets the Council position to reduce by 3,5% the commitment appropriations. Welcomes the fact that a dedicated amount is allocated for the budgetary line of the European Citizens Initiative (ECI).
Amendment 6 #
2019/2028(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to make the necessary proposals to fund the proposed Conference on the Future of Europe in order to guarantee its institutional independence.
Amendment 31 #
2018/2855(RSP)
Paragraph 1
1. Expects all online platforms to ensure full compliance with Union data protection law, namely the GDPR and Directive 2002/58/EC (e-Privacy) and to help users understand how their personal information is processed in the targeted advertising model, and that effective controls are available, which includes greater transparency in relation to the privacy settings, and the design and prominence of privacy notices, and separate consent or other legal bases for different purposes of processing;
Amendment 38 #
2018/2855(RSP)
Paragraph 5
5. Takes the view that the digital age requires electoral laws to be adapted to this new digital reality and suggests Member States introduce an obligatory system of introduce an obligatory system of digital imprints for electronic campaigning and advertising. Any form of political advertising should include easily accessible and understandable information on the publishing organisation and who is legally responsible for spending so that it is clear who sponsored campaigns, similar to existing requirements for printed campaign materials currently in place in various Member States; insists that transparency should also include complete information about the criteria for selecting the target group of the specific political advertising and the expected size of the target group;
Amendment 41 #
2018/2855(RSP)
Paragraph 7
7. Recommends all online platforms dalls that the processing of personal data for political advertistingu ish political uses of their online advertising products a different purpose and therefore requires a separate legal basis such as consent from thei one for commercial usesadvertising;
Amendment 44 #
2018/2855(RSP)
Paragraph 8
8. Believes that the requirement to verify the identity, location and sponsor of political advertisements recently introduced by Facebook in the US is a good initiative which will increase transparency and contribute to the fight against election meddling by foreign actors; urges Facebook to introduce the same requirements for political advertisements in Europe; calls on the Member States to adjust their electoral laws to this effect;
Amendment 75 #
2018/2855(RSP)
Paragraph 21
21. Calls on all online platforms to urgently roll out planned transparency features in relation to political advertising, which should include consultation and evaluation of these tools by national authorities in charge of electoral observation and control; insists that such political and electoral advertising should not be done on the basis of individual user profiles; regrets that the Commission in its Recommendation from 12 September 2018 only focuses on transparency and not on a clear ban on individually targeted political advertising;
Amendment 82 #
2018/2855(RSP)
Paragraph 24
24. Takes the view that data protection authorities should have the same, if not more technical expert knowledge as those organisations under scrutiny. Suggests this objective could be reached by introducing funding by a levy on the sector concerned;
Amendment 23 #
2018/2113(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas the conditions under which negotiations took place with the United Kingdom on its withdrawal from the European Union were exemplary in terms of their transparency and the involvement of Parliament;
Amendment 43 #
2018/2113(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets the fact that the politicisation of the Commission has not been followed by a subsequent Treaty change, which would have enabled the consolidation of the Commission’s role as the European executive branch through the adoption of provisions that would allow holding individual commissioners to account and woulof measures changing its composition and lowering the threshold required for a motion of censure;
Amendment 44 #
2018/2113(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Believes the aim of such a review ought to be to transform the Commission into a genuine executive whose members come from a political majority determined by the European elections and are chosen by the President of the Commission for their professional profile and no longer simply on the basis of suggestions by Member States; suggests that the number of Commissioners should be the result of political choices linked to portfolios and no longer be linked to the number of Member States;
Amendment 53 #
2018/2113(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Regrets the fact that in the absence of sincere cooperation by the Council, it is not possible to scrutinise the Council's budget through the institutional practice of budgetary discharge by Parliament and that this situation constitutes a serious failure to comply with obligations in the Treaty which stipulate that Parliament shall scrutinise the whole of the Union's budget;
Amendment 54 #
2018/2113(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Suggests, so that budgetary control by Parliament may de facto be extended to the whole of the Union budget, starting negotiations between the Council, the Commission and Parliament to ensure Parliament has the right to have access to information on implementation of its budget by the Council, either directly or via the Commission, and that the Council answers written questions from Parliament and attends hearings and debates on the implementation of its budget; considers that should these negotiations fail, Parliament ought to grant discharge to the Commission only and should include in this overall discharge separate resolutions concerning the Union's various institutions, bodies and agencies, thereby ensuring that none of the sections of the EU budget are implemented without due transparency;
Amendment 68 #
2018/2113(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on Parliament to reinforce its capacity for assessment of thescrutiny of the preparation and implementation of delegated and implementing acts;
Amendment 77 #
2018/2113(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Notes that the transparency and strong involvement of Parliament in the negotiations with the United Kingdom has had a positive impact on their outcome, creating a climate of trust and unity; calls on the Commission to reform its international negotiations practices by drawing inspiration from the working methods set up by the Task Force for the Preparation and Conduct of the Negotiations with the United Kingdom so that the negotiation of other international agreements, including trade agreements, may benefit from the same transparency and inclusiveness;
Amendment 83 #
2018/2113(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Undertakes to exercise its prerogatives in order to start up a process of revising the Treaties so the Union may be equipped with a proper constitution establishing a fully functional parliamentary democracy; considers that this democracy should be based on a proper separation of powers, a bicameral parliamentary system in which the Commission would be the government upholding civic, economic, social and environmental rights;
Amendment 6 #
2018/2112(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas with the exception of the Financial Transaction Tax, all enhanced cooperation initiatives could have been adopted in Council by qualified majority voting if this had been the rule instead of unanimity voting;
Amendment 10 #
2018/2112(INI)
Motion for a resolution
Recital H
Recital H
H. whereas it seems likely, without the use of bridging clauses to move from unanimity to qualified majority voting in the Council and in the absence of a thorough reform of the Treaties, it seems possible in the future that the Member States would need to resort more and more often to the provisions on enhanced cooperation in order to address common problems and to attain common goals;
Amendment 22 #
2018/2112(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that the period covering two consecutive Council presidencies should be the maximum time period toit should be concluded that the objectives of cooperation cannot be attained by the Union as a whole, as required by the wording of Article 20 TEU, if during a period covering two consecutive Council presidencies no substantive progress has been made in the Council;
Amendment 24 #
2018/2112(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recommends that a request by Member States wishing to establish enhanced cooperation between themselves should in principle be based on objectives at least as ambitious as those presented by the Commission before it is established that they cannot be achieved within a reasonable time by the Union as a whole;
Amendment 33 #
2018/2112(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 38 #
2018/2112(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Finds it necessary to strengthen Parliament’s role in enhanced cooperation; believes that, to this end, standing committees should be entrusted with the task of following each case of enhanced cooperation from adoption through to the end of its period of application, and of examining possible additional areas where this tool could be useful; recommends that each standing committee be free to decide what form of internal organisation would be most suitable for this purpose; advises that, when it comes to the vote, only those MEPs elected in Member States participating in the enhanced cooperation should have the right to vote, but that this vote should ultimately be confirmed by a formal vote in plenary as a whole;
Amendment 40 #
2018/2112(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Takes the view that operating expenditure linked to enhanced cooperation should be borne by the participating Member States, and if this cost is borne by the EU budget the non- participating Member States should be reimbursed, unless the Council decides otherwise in accordance with Article 332 (TFEU);
Amendment 44 #
2018/2112(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 55 #
2018/2112(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Suggests that the next revision of the Treaties should explore the possibility of regions or sub-national entities playing a role in enhanced cooperation where this cooperation relates to an area of exclusive competence of the level in question with due respect for national constitutions;
Amendment 75 #
2018/2110(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Given (i) the high and systematic violations of the Transport Regulation from Member States, and (ii) considering the insufficient resources the Commission invests to carry out official audits on animal welfare during transport, calls on a Committee of Inquiry to be set up to investigate alleged contraventions and maladministration in the application of Union law in relation to animal welfare during transport within and outside the EU;
Amendment 133 #
2018/2110(INI)
4a. Calls on the Commission to take action against the Member States which systematically fail to implement and enforce the Regulation;
Amendment 135 #
2018/2110(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Parliament to set up a Committee of Inquiry to investigate alleged contraventions and maladministration in the application of Union law in relation to animal welfare during transport within and outside the EU, given the numerous and systematic violations of the Regulation 1/2005 by Member States, and considering the insufficient resources that the Commission invests in undertaking official audits on animal welfare during transport.
Amendment 155 #
2018/2110(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Commission to draw up, after consultation of National Contact Points, a list of operators guilty of repetitive and serious breaches of the Regulation based on inspection and implementation reports; calls on the Commission to publish and update this list frequently, and also to promote examples of best practice, both in transport and governance;
Amendment 262 #
2018/2110(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls to limit journeys of unweaned animals to both a maximum distance of 50km and a maximum duration of 1.5 hours, given the difficulty of ensuring their welfare during transport;
Amendment 318 #
2018/2110(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Insists that animal welfare legislation should be based on science and the latest technology; Stresses that detailed provisions addressing specific needs in various types of transport should be updated, as per Article 30 of Regulation 1/2005, whenever they appear no longer to ensure compliance for a particular species or types of transport, and in the case of new scientific advice; deplores the fact that, despite clear recommendations from EFSA and Parliament’s request in its 2012 resolution, the Commission has failed to update the rules on animal transport with the latest scientific evidence; calls on the Commission, therefore, to update the rules on the basis of the latest scientific knowledge and technology, in particular as regards factors including sufficient ventilation and coolingtemperature control in all vehicles, appropriate drinking systems and liquid feed, particularly for unweaned animals, and specificreduced stocking densities and specified sufficient minimum headroom;
Amendment 423 #
2018/2110(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses that unless animal transport and welfare standards in third countries are aligned with those of the EU and their implementation is sufficient to ensure compliance with the regulation, live animal transport journeys to third countries should also be forbidden, in addition to the prohibition of live animal exports;
Amendment 5 #
2018/2099(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomNotes the creation of the EII, and welcomes the establishment of PESCO and the reinforcement of the EDF as important steps towards strengthening the Union’s security and defence, in close cooperation and full complementarity with NATO;
Amendment 12 #
2018/2099(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that several Member States have recently called for an EU Security Council, an EU Battle Group and a European intelligence unit acting as a databasellowing for intelligence cooperation; meanwhile, endorses the inauguration of a permanent operational headquarter and the increase of the EDA’s budget;
Amendment 20 #
2018/2099(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that any future Convention or Intergovernmental Conference should consider esttransforming the current capabilishing a European forceties into permanently pooled national contingents forming multinational units of modest size, highly skilled and designed for specific tasks with the capability of intervening in conflicts and peacekeeping missions in line with tasks of Article 43 (1) (TEU);
Amendment 23 #
2018/2099(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 14 #
2018/2094(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European Union is an example of supranational integration without equal and has brought lasting peace, prosperity and welfare to its peoples, whereas today it continues to embody one of the greatest political ambitions Europeans have held, and whereas peace, prosperity and shared security are unthinkable without a united Europe endowed with the resources and powers needed to meet the challenges of the 21st century;
Amendment 22 #
2018/2094(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas, among the major challenges the Union must meet, that of putting the public interest ahead of private interests, and more particularly the most powerful of those, is one of the most important and most fundamental;
Amendment 23 #
2018/2094(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas in order to meet it the Union should guarantee the independence of its civil servants, its elected representatives and its political office-holders, in particular by monitoring their dealings with lobby groups, guaranteeing the impartiality of the expert advice on which they base their decisions and making decision-making processes as transparent as possible;
Amendment 31 #
2018/2094(INI)
Motion for a resolution
Recital D
Recital D
D. whereas in view of the multiple current and future challenges facing the Union, in a hostile global world, in particular those concerning migration, climate change, the gradual depletion of biodiversity, the safeguarding of the environment and public health, widening socioeconomic inequalities and increasing levels of exclusion, terrorism, security, completing the EMU, globalisation, climate change, international trade, foreign affairs and defence, the development of the social pillar, and the fight against anti-EU populism, nationalism, intolerance and xenophobia, the objective enshrined the Lisbon Treaty of creating an ever closer union among the peoples of Europe should continue to inspire the actions taken by the Union; whereas these clear challenges can only be addressed if tackled together;
Amendment 36 #
2018/2094(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas by ratifying the Paris Agreement the Union has undertaken to continue the efforts to limit the increase in global temperatures to 1.5 °C by comparison with pre-industrial levels, and whereas this objective can only be achieved if we revise upwards our targets for reductions in greenhouse gas emissions, the share of the energy mix accounted for by renewables and energy savings;
Amendment 44 #
2018/2094(INI)
Motion for a resolution
Recital F
Recital F
Amendment 87 #
2018/2094(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the crisis has produced an imbalance between the main institutions of the Union, and that the Council, and in particular the European Council, is exercising its own political initiative to the detriment of the Commission’s right of initiative and Parliament's power of scrutiny;
Amendment 91 #
2018/2094(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reiterates that the unanimity, which the Treaties require in some fundamental matters, is an almost insurmountable obstacle in important moments and decisions, and advocates therefore, with regard to decision-making procedures, the principle of qualified majority voting (QMV) in Council and the use of the ordinary legislative procedure in all areas where this is possible; recalls that under the current Treaties this can be achieved by using the various passerelle clauses or, in the case of enhanced cooperation, by using Article 333 TFEU;
Amendment 96 #
2018/2094(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes in this regard the announcement by President Juncker in his State of the Union address of 13 September 2017 of the intention to propose using QMV in the Council for matters such as the common consolidated corporate tax base (CCTB), VAT and taxation of the digital economy, but regrets that the MFF regulation is not among the subjects listedand calls for that proposal to be put into practice; takes the view that, in order to guarantee more effective financing of European public policies, the MFF should also be one of the subjects for which QMV is introduced in the Council; takes the view, further, that Article 116 TFEU should be employed as of now in an effort to eliminate fiscal dumping between Member States;
Amendment 107 #
2018/2094(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Reiterates its suggestion to transform the Council into a true legislative chamber, on an equal footing with Parliament, and to improve the transparency of its functioning and of the EU decision-making process in general; points in this context to the special report by the Ombudsman on the transparency of the Council’s legislative process, which finds evidence of maladministration, and the initiative of a majority of national parliaments calling for more transparency from the Council and informal bodies such as the Eurogroup, in line with similar requests made by Parliament in this respect; takes the view that in general, as co-legislators, the Council and Parliament should be equally transparent, which means, inter alia, that the standpoints defended by the representatives of the Member States, from the stage involving consideration in working parties, should be made public and that MEPs should be able to attend the relevant meetings as observers;
Amendment 117 #
2018/2094(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 123 #
2018/2094(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Proposes a major transparency drive at EU level, with a view to increasing the transparency of decision- making on public policy and guaranteeing that decisions are taken in the public interest and not unduly influenced by private interests; considers that that drive should be based on the establishment of a high authority responsible for ruling out conflicts of interest among civil servants, political office-holders and elected representatives, the mandatory preparation of a legislative footprint, the introduction of a genuine, binding transparency register covering all the Union institutions and agencies, the strengthening of the arrangements for the provision of public expertise independent of the Union and the strict enforcement of citizens' right to information, including as guaranteed by the Aarhus Convention;
Amendment 124 #
2018/2094(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Takes the view that, in order to meet the objectives set in the Paris Agreement, the Union should revise upwards its targets for reductions in greenhouse gas emissions, the share of the energy mix accounted for by renewables and energy savings and commit itself to moving towards a zero- carbon economy by phasing out the use of fossil fuels;
Amendment 125 #
2018/2094(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Takes the view that, in order to halt the dramatic loss of biodiversity and guarantee a healthy environment for current and future generations, the Union should take effective action to combat all sources of pollution by introducing and strictly enforcing more ambitious standards, targeting the most polluting industries in particular, whether they operate in the area of agri-foods, chemicals, pharmaceuticals, energy, transport or finance, and by taking active steps to combat deforestation and over- fishing and promoting a new farming model which safeguards the environment, farmers' livelihoods and animal welfare;
Amendment 126 #
2018/2094(INI)
Motion for a resolution
Paragraph 9 d (new)
Paragraph 9 d (new)
9d. Calls on the Commission to bring about a radical paradigm shift in its commercial policy by ensuring that the public interest, human rights, the combating of climate disruption, environmental protection and the safeguarding of social rights are the primary objectives in any negotiation with third countries;
Amendment 127 #
2018/2094(INI)
Motion for a resolution
Paragraph 9 e (new)
Paragraph 9 e (new)
9e. Proposes the introduction of a green card for national and regional parliaments with legislative powers, so that they can make proposals at EU level; takes the view that, in order to improve the representation of citizens at EU level, democratic criteria should be applied in the Member States in order to ensure that all the national parliaments can scrutinise the standpoints adopted by their governments in the Council and in the Eurogroup;
Amendment 133 #
2018/2094(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Takes the view that minimum social protection rules can already be introduced on the basis of the Treaties as they stand; calls for the introduction in the eurozone of automatic stabilisers which are open to all other Member States wishing to take part; takes the view that these automatic stabilisers should incorporate at least a European unemployment insurance system and a minimum income fixed at 60% of the median national income; proposes that work should start on a roadmap for the gradual pooling of public debt among the eurozone countries;
Amendment 146 #
2018/2094(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the convergence of positions taken by France and Germany on the idea of a budgetary capacity for the euro area; reiterates its view that this capacity should be developed within the EU framework and should be open to Member States which have not yet joined the euro, but wish to do so; takes the view that this budget, to be used to fund joint investments, may be established on the basis of enhanced cooperation and should be funded by an own resources system;
Amendment 167 #
2018/2094(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Points out that the MFF should be consistent with the Union's climate and environmental commitments and ensure that European public money is used to finance our societies' green transition; considers that, with that aim in view, at least half the EU budget should be earmarked to cover expenditure on measures to combat climate disruption and that no European programme should serve to fund the use of fossil fuels;
Amendment 168 #
2018/2094(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Points out that, if shared challenges are to be met, the EU budget should on no account be reduced below 2020 levels, Brexit notwithstanding; takes the view, further, that no rebates should be granted under the MFF and that the MFF should mostly be funded from own resources; considers that the EU budget should reflect the Union's political priorities, in particular its climate-related and environmental ambitions, and the need to combat socioeconomic inequalities and all forms of discrimination, including those based on gender;
Amendment 169 #
2018/2094(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Regrets that, to date, there has been no practical follow-up neither to its call for a convergence code – to be adopted by codecision – in order to have a more effective framework for economic policy coordination, nor to its call for an interinstitutional agreement (IIA) to be concluded to give Parliament a more substantial role in the European Semester; recalls in this context its suggestion that budgetary calendars at national and European level need to be better coordinated throughout the process in order to better involve both the European Parliament and national parliaments in the European Semester; takes the view that this convergence code should incorporate economic objectives, but also environmental and social ones, in such a way as to make the Union the guarantor not only of a balanced budget, but also of measures to combat socioeconomic inequalities, the exploitation of resources and environmental degradation and can intervene when the Member States fail to meet these criteria;
Amendment 181 #
2018/2094(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the Council decision establishing permanent structured cooperation (PESCO), and the Coordinated Annual Review on Defence (CARD) and the European Defence Fund (EDF) as important steps towards a common defence policy, and notes proposals by certain Member States for an EU Security Council and a European Intervention Initiative; recalls its call for the establishment of a permanent Council of Defence Ministers chaired by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), and underlines the importance of appropriate democratic accountability of decisions taken in this area and the need for reinforced cooperation between the European Parliament and national parliaments in this regard;
Amendment 185 #
2018/2094(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Deplores the absence of agreement among the Member States on the priorities and implementation of an EU-level comprehensive immigration policy, which would make it possible to organise and regulate migratory flows, control our external borders more effectively, cooperate with countries of origin and transit, and guarantee respect for the fundamental rights of migrants and asylum seekers, among other objectives; underlines that the obvious contradictions in interests exposed by Member States need to be overcome in order not to jeopardise the European integration project; points out that one effective, rational and safe way of preventing the human dramas linked to the displacement of persons forced to flee their homes is to establish legal channels for migration;
Amendment 191 #
2018/2094(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Takes the view that the Dublin system does not guarantee either reception arrangements for asylum seekers which are such as to safeguard their dignity and their fundamental rights or solidarity between Member States, and that it should therefore be overhauled as a matter of urgency; considers that a new system should be based on the fair allocation of asylum seekers within the Union, in keeping with objective criteria which take account of their emotional and family ties;
Amendment 196 #
2018/2094(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines its determination to continue with the Spitzenkandidaten process for the election of the next Commission President, and welcomes the support of the Commission and certain Member States in this respect; underlines that it will reject any candidate in the investiture procedure of the Commission President who was not appointed as a Spitzenkandidat in the run-up to European Parliament elections and who does not have a sufficient parliamentary majority; takes the view that the European Council should propose for the post of Commission President the candidate most likely to secure a parliamentary majority; points out that that person will not necessarily be the candidate from the political grouping which won the European elections; considers it essential to strengthen the socipolitical legitimacy of the European elections and the supranational role of the European Parliament as an exponent of European citizenship and European sovereignty;
Amendment 207 #
2018/2094(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Regrets the frequent and widespread temptation, made possible by the Council's opaque working methods, to attribute unpopular decisions to Brussels and to free national authorities of their responsibilities and politics, given that this unjust and opportunistic attitude damages Europe, promotes anti-European nationalism and discredits the EU institutions;
Amendment 211 #
2018/2094(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Underlines the need to strengthen the European public spherace as a supranational area of European democracydemocratic space; takes the view that this must involve, for example, the Europeanisation of public debates, in particular in the media, devoting more time in school curricula to the functioning of the Union and its powers, and significantly strengthening the tools for citizens' participation in political life, such as the European citizens' initiative, which should be significantly upgraded; stresses that the major challenges Europe is facing must be addressed and discussed from a European perspective and not only from a national perspective; points out that, for this reason, European democracy needs agenuine European identity, a genuinely European demos, more European institutional education and a deliberative, more participatory and less national social frameworkcitizenship, which should, ultimately, be granted directly by the Union to any person living on EU territory, irrespective of their nationality;
Amendment 220 #
2018/2094(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the approach taken to the current negotiations on the United Kingdom’s orderly withdrawal from the European Union, and underlines the remarkable unity displayed by the EU institutions and Member States; notes that experience in the negotiations to date has shown the enormous complexities of such decishighlighted the extent of the dangers which the decision to leave the Union is creating for the nationals of a State, its economy, its businesses and its ability to exert influence on the world stage; takes the view, whilst expressing regret at the United Kingdom's decision to leave the Union, that Brexit could offer the Union an opportunity to consolidate its political integrations;
Amendment 231 #
2018/2094(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines once more that neither national sovereignty nor subsidiarity can justify or legitimise the systematic refusal on the part of a Member State to comply with the fundamental values of the European Union which inspired the introductory articles of the European Treaties, which every Member State has willingly endorsed and committed to respect; underlines furthermore that upholding these values is fundamental for the cohesion of the European project, the rights of all Europeans and the mutual trust needed among the Member States; recalls its recommendation to establish a binding European mechanism for democracy, the rule of law and fundamental rights;
Amendment 235 #
2018/2094(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Reiterates that the process of reflection on the future of Europe and on a review of the Lisbon Treaty should eventually lead to a Convention being convened – guaranteeing inclusiveness through its composition of representatives and providing a platform for reflecshould eventually lead to a genuine constitutional development process designed to endow the Union with a concise and comprehensible Constitution which safeguards fundamental rights and the separation of powers, defines the nature of the institutions and engagement with stakeholders and citizens – with a view to discussing and drawing conclustheir respective powers, sets out the decision-making processes and lays down the division of competences between the varionus from the varioulevels of power; takes the view that this cContribstitutions to th cannot be preflection process on the future of Europe by the institutions and opared by the heads of state and government at an intergovernmental conference and that it is high time that citizens were given the opportunity to draw up together, bodies of the Union and the proposals put forward by heads of state or government, national parliaments and civil society and in citizen consultatioy means of a democratic constitutional development process involving an open and collaborative phase, the document which will lay down rules governing their society; takes the view that the text should be ratified by means of a trans-European referendum requiring a double majority of States and citizens;
Amendment 239 #
2018/2094(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Considers that that Constitution should introduce a two-chamber federal parliamentary system in which the Commission would be a fully fledged executive and the Council, transformed into an upper chamber representing the States or, where appropriate, the regions, would act as co-legislator alongside a Parliament endowed with a legislative right of initiative, including in the budgetary and fiscal sphere, and a large proportion of whose Members would be elected from a common constituency; takes the view that in such a Union the Commission presidency should be elected by the European Parliament on the basis of a political majority and a clear programme and that its composition should be determined without interference from the Member States;
Amendment 241 #
2018/2094(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Takes the view that, if the Union is to guarantee certain fundamental and enforceable rights and objectives in practice, a pillar of civic, economic, social and environmental rights should be incorporated into primary EU law; considers that this would endow the EU with powers to act in these areas and to respond each time these rights were violated, thereby ensuring full gender equality throughout its territory, combating all forms of discrimination and guaranteeing press freedom, the protection of minorities, media pluralism, access to public goods and services, the right to a healthy environment, etc.;
Amendment 11 #
2018/2089(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises the fact that once available on the market, automated vehicles will have a deep impact on the distribution and consumption of consumer goods and there is an urgent need to assess this impact and provide measures to support the affected markets and people.
Amendment 21 #
2018/2089(INI)
3a. Underlines that the liability of manufacturers and operators of automated vehicles or vehicles containing automated parts needs to be clearly regulated and both consumers and third parties need to have proper rights and redress mechanisms.
Amendment 33 #
2018/2089(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises that prior to making them available on the market, automated vehicles, like many other products, need to undergo a prior ethical assessment and their functioning and characteristics should also take into account ethical aspects.
Amendment 1 #
2018/2070(ACI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to its legislative resolution of 16 September 2020 on the draft Council decision on the system of own resources of the European Union1a, _________________ 1a Texts adopted, P9_TA(2020)0220.
Amendment 4 #
2018/2070(ACI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. Whereas the implementation of the budgetary discipline and cooperation between the institutions on budgetary matters and sound financial management requires the Council to share necessary information with Parliament in the framework of the discharge procedure concerning the European Council and the Council, so as to ensure that Parliament has the necessary information on how the Council is implementing its budget, either directly or via the Commission;
Amendment 6 #
2018/2070(ACI)
Motion for a resolution
Recital D
Recital D
D. Whereas the new agreement contains important new elements in particular a roadmap for the introduction of new own resources during the next seven years, that will be sufficient to cover the interests and repayment costs of the European Union Recovery Instrument (Next Generation EU (NGEU)); whereas revenue from own resources in excess of the needs for repayment will continue to fund the Union budget as general revenue in line with the principle of universality; whereas the new agreement also contains provisions on enhanced budgetary scrutiny of the spending of Next Generation EU (NGEU) fundingfunds under the European Union Recovery Instrument (NGEU) and arrangements to monitor spending on climate and biodiversity objectives and on gender equality and mainstreaming;
Amendment 13 #
2018/2070(ACI)
Motion for a resolution
Recital G
Recital G
G. Whereas this agreement, furthermore, contains a commitment to seek arrangements for cooperation between the institutions for future MFF negotiationincludes for the first time provisions relating to cooperation and dialogue on the part of the institutions during the negotiations on the MFF, aimed at operationalising the treaty requirements, according to which the institutions are to take any measure necessary to facilitate the adoption of a MFF and to promote consultation and the reconciliation of their positions on budgetary matters, so as to strengthen dialogue and transparency of the whole negotiation process;
Amendment 5 #
2018/2023(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Action Plan on Alternative Fuels Infrastructure; stresses also the benefits of low-carbon innovations to the EU’s global competitive position and calls for the EU to become a global leader on decarbonisation; urges the Member States and industry, furthermore, to demonstrate an enhanced level of ambition and to speed up its implementation, including by developing efficient, complete and coherent national policy frameworks in order to ensure the necessary stability for investments from both public and private sources;
Amendment 7 #
2018/2023(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Reminds that in order to comply with the Paris Agreement objectives, greenhouse gas emissions from transport sector will need to be near zero by 2050; highlights therefore that the sustainability of the alternative-fuel based vehicles depends highly on the use of renewable energy sources;
Amendment 14 #
2018/2023(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines that the availability and accessibility of charging and refuelling infrastructure, both in public and private facilities, are crucial for increasing consumer acceptance towards alternative-fuels vehicles;
Amendment 18 #
2018/2023(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the importance of accurate, timely, easily understandable and transparent information to consumers; notes in this respect the relevance of the planned price comparison as well as external costs between alternative and conventional fuels; requests that this information be collected and processed by an open data platform;
Amendment 24 #
2018/2023(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Commission and the Member States to phase-out direct and indirect subsidies for fossil fuels and step up financial support for the deployment of alternative fuels infrastructure; notes the relevance of priority-setting in the next MFF; calls on the Member States to acknowledgessess the positive effects of fiscal incentives.
Amendment 1 #
2018/0336(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The members of the committee of eminent experts should be independent. In addition to the current requirements included in Article 11 (1), members should neither belong to a national or regional party in the European Union nor be former members of the European Parliament, the Council or the Commission.
Amendment 4 #
2018/0336(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU, Euratom) No 1141/2014
Article 6 – paragraph 5
Article 6 – paragraph 5
The Director of the Authority shall be assisted by staff, with respect to which he and shall exercise the powers conferred by the Staff Regulations on the appointing authority and by the Conditions of Employment of Other Servants on the authority empowered to conclude a contract of employment of other servants (‘the appointing authority powers’).16 The Authority may make use in any areas of its work of other seconded national experts or other staff not employed by the Authority. _________________ 16 Regulation No 31 (EEC), 11 (EAEC), laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community, (OJ P 045 14.6.1962, p. 1385)
Amendment 7 #
2018/0336(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 1141/2014
Article 10a – paragraph 1
Article 10a – paragraph 1
If the Authority becomes aware of a decision of a supervisory authority within the meaning of point 21 of Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council17 finding that a natural or legal person has infringed applicable rules on the protection of personal data and if it follows from that decision, or where there are otherwise reasonable grounds to believe, that the infringement is linked to political activities by a European political party or a European political foundation in the context of elections to the European Parliament, the Authority shall refer this matter to the committee of independent eminent persons established by Article 11. The committee shall give an opinion as to whether the European political party or the European political foundation concerned has deliberately influenced or attempted to influence the outcome of elections to the European Parliament by taking advantage of that infringement. The Authority shall request the opinion without undue delay and no later than 1 month after the decision of the supervisory authority. The committee shall deliver its opinion within a short, reasonable deadline set by the Authoritytwo months. _________________ 17 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), (OJ L 119, 4.5. 2016, p. 1).
Amendment 8 #
2018/0336(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU, Euratom) No. 1141/2014
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
(3a) In Article 11, paragraph 1, subparagraph 1 is replaced by the following: “A committee of independent eminent persons is hereby established. It shall consist of six members, with the European Parliament, the Council and the Commission each appointing two members. The members of the committee shall be selected on the basis of their personal and professional qualities. They shall neither be members or former members of the European Parliament, the Council or the Commission, nor hold any electoral mandate, be officials or other servants of the European Union or, be current or former employees of a European political party or a European political foundation. or members of a national or regional political party of the European Union.”
Amendment 9 #
2018/0336(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 b (new)
Article 1 – paragraph 1 – point 3 b (new)
Regulation (EU, Euratom) No. 1141/2014
Article 11 – paragraph 1 – subparagraph 3
Article 11 – paragraph 1 – subparagraph 3
(3b) In Article 11, paragraph 1, subparagraph 3 is replaced by the following: “The committee shall be renewed within six months after two years and a half of the end of the first session of the European Parliament following each election to the European Parliament. The mandate of the members shall not be renewable.”
Amendment 11 #
2018/0336(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EU, Euratom) No. 1141/2014
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
(4a) In Article 11, the following paragraph is added: “3a. The European Parliament shall make public on the website referred to in Article 32, the following: (a) the procedure followed by the European Parliament, the Council and the Commission to appoint the members of the committee; (b) the appointing decisions of the members of the committee; (c) the declaration of independence and absence of conflict of interests of each of the members of the committee; (d) the rules of procedure adopted by the committee; and (e) the opinions given by the committee to the Authority.”
Amendment 1158 #
2018/0224(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Particular attention shall be paid to the principle of proportionality, the right to privacy, the right to the protection of personal data, the right to the physical and mental integrity of a person, the right to non-discrimination and the need to ensure high levels of human health protection. Particular attention shall also be paid to the intrinsic value of animals and their right to be treated as sentient creatures.
Amendment 1161 #
2018/0224(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d
Article 15 – paragraph 2 – point d
(d) for activities making use of human embryonic stem cells or animals, as appropriate, details of licensing and control measures that shall be taken by the competent authorities of the Member States concerned as well as details of the ethics approvals that shall be obtained before the activities concerned start.
Amendment 1163 #
2018/0224(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Proposals shall be systematically screened to identify those actions raising complex or serious ethics issues and submit them to an ethics assessment. The ethics assessment shall be carried out by the Commission unless it is delegated to the funding body. For actions involving the use of animals, human embryonic stem cells or human embryos, an ethics assessment shall be mandatory. Ethics screenings and assessments shall be carried out with the support of ethics experts. The Commission and the funding bodies shall ensure the transparency of the ethics procedures as much as possible.
Amendment 1467 #
2018/0224(COD)
Proposal for a regulation
Article 45 – paragraph 3 a (new)
Article 45 – paragraph 3 a (new)
3a. Adopted scientific methods and approaches that can provide scientific evidence and technical support to Union policies shall be reported by the recipients of Union funds to the Commission or funding body. The Commission shall clarify information requirements, paying particular attention to actions raising ethical issues according to Article 15. Such information shall not compromise protection of intellectual property.
Amendment 67 #
2018/0206(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) At Union level, the European Semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation. Member States develop their own national multiannual investment strategies in support of those reform priorities. Those strategies should be developed in partnership between national, regional and local authorities, include a gender perspective and be presented alongside the yearly National Reform Programmes as a way to outline and coordinate priority investment projects to be supported by national and/or Union funding. They should also serve to use Union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the programmes supported by the Union under the European Regional Development Fund, the Cohesion Fund, the European Social Fund Plus, the European Maritime and Fisheries Fund and the European Agricultural Fund for Rural Development, the European Investment Stabilisation Function and InvestEU, where relevant. n level, the European Semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation. Member States develop their own national multiannual investment strategies in support of those reform priorities. Those strategies should be presented alongside the yearly National Reform Programmes as a way to outline and coordinate priority investment projects to be supported by national and/or Union funding. They should also serve to use Union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the programmes supported by the Union under the European Regional Development Fund, the Cohesion Fund, the European Social Fund Plus, the European Maritime and Fisheries Fund and the European Agricultural Fund for Rural Development, the European Investment Stabilisation Function and InvestEU, where relevant.
Amendment 70 #
2018/0206(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Council of […] adopted revised guidelines for the employment policies of the Member States to align the text with the principles of the European Pillar of Social Rights, with a view to improving Europe's competitiveness and making it a better place to invest, create jobs and foster social cohesion. In order to ensure the full alignment of the ESF+ with the objectives of these guidelines, particularly as regards employment, education, training and the fight against social exclusion, poverty and discrimination, the ESF+ should support Member States, taking account of the relevant Integrated Guidelines and relevant country-specific recommendations adopted in accordance with Article 121(2) TFEU and Article 148(4) TFEU and, where appropriate, at national level, the national reform programmes underpinned by national strategies. The ESF+ should also contribute to relevant aspects of the implementation of key Union initiatives and activities, in particular the "Skills Agenda for Europe" and, the European Education Area and the Action Plan on the integration of third-country nationals, relevant Council Recommendations and other initiatives such as the Youth Guarantee, Upskilling Pathways and on Integration of the long- term unemployed.
Amendment 72 #
2018/0206(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The Union is confronted with structural challenges arising from social inequalities, economic globalisation, the management of migration flows and the increased security threatrelated inclusion challenges, clean energy transition, technological change and an increasingly ageing workforce, demographic challenges, unequal access to education and social protection, unbalanced distribution of care responsibilities, an increasingly ageing workforce, lack of employment opportunities and growing skills and labour shortages in some sectors and regions, experienced especially by SMEs. Taking into account the changing realities of the world of work, the Union should be prepared for the current and future challenges by investing in relevantengaging in the just transition, investing in quality and inclusive education and training, lifelong learning and skills, making growthlabour markets more inclusive and by improving employment, education and social policies, including in view of labour mobility and by fighting against gender gaps and women’s discrimination.
Amendment 75 #
2018/0206(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) To anticipate challenges and take concrete steps towards a socially and environmentally sustainable economy, just transition roadmaps, developed in cooperation with local and regional governments and stakeholders, should be included in the operational programmes, outlining regional and local strategies towards a climate-friendly and resource efficient future, with the aim of social inclusion, quality job creation, sustainability and investment geared towards supporting future-oriented local development.
Amendment 77 #
2018/0206(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non- compliance. For grants, this should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as envisaged in Article 125(1) of the Financial Regulation. To implement measures linked to the socio- economic integratclusion of third country nationals, and in accordance with Article 88 of the Common Provisions Regulation, the Commission may reimburse Member States using simplified cost options including the use of lump sums.
Amendment 79 #
2018/0206(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to streamline and simplify the funding landscape and create additional opportunities for synergies through integrated funding approaches, the actions which were supported by the Fund for European Aid to the Most Deprived ('FEAD'), the European Union Programme for Employment and Social Innovation and the Programme for the Union's action in the field of health should be integrated into one ESF+. The ESF+ should therefore include three strands: the ESF+ strand under shared management, the Employment and Social Innovation strand, and the Health strand. This should contribute to reducing the administrative burden linked to the management of different funds, in particular for Member States and beneficiaries, whilst maintaining simpler rules for simpler operations such as the distribution of food and/or basic material assistance.
Amendment 82 #
2018/0206(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The integration of the Programme for the Union's action in the field of health with the ESF+ will also create synergies between the developments and testing of initiatives and policies to improve the effectiveness, resilience and sustainability of health systems developed by the HIn view of this wider scope of the ESF+ it is appropriate to foresee that the aims to enhance the effectiveness of inclusive and gender-equal labour markets and promote access to quality employment, to improve the access to and the quality of education, training and care, as well as to promote social inclusion and health strand of the ESF+ Programme and their implementation in the Member States by the tools provided by the other strands of the ESF+ Regulationto eradicate poverty are not only implemented under shared management, but also under direct and indirect management under the Employment and Social Innovation and Health strands for actions required at Union level.
Amendment 83 #
2018/0206(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The ESF+ should aim to promote high-quality employment through active interventions enabling (re)integration into the labour market, notably for youth, persons with disabilities and people with chronic diseases, the long-term unemployed and the economically inactive, as well as those facing multiple forms of discrimination through promoting self– employment and the social economy. The ESF+ should aim to improve the functioning of labour markets by supporting the modernisation and flexibility towards various target groups of labour market institutions such as the Public Employment Services in order to improve their capacity to provide intensified targeted and individual counselling and guidance during the job search and the transition to employment and to enhance workers’ mobility. The ESF+ should promote women's participation in the labour market through measures aiming to ensure, amongst others, improved work/life balance and access to childcaresupport workers’ mobility. The ESF+ should aim at tackling precarious employment in order to ensure that all types of work contracts offer decent working conditions with proper social security coverage in line with Article 9 TFEU, the European Charter of Fundamental Rights, the European Social Charter and the ILO Decent Work Agenda. The ESF+ should promote participation of women and sustainable employment that guarantees equal opportunities with special attention to single mothers in the labour market through measures aiming to ensure, amongst others, the respect of the principle of equal pay for work of equal value, improved work/life balance and access to affordable childcare and other care services or support to foster gender equality. The ESF + should also aim to provide a healthy and well-adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce. The ESF+ should also support measures aimed to facilitate the transition of young people between education and employment.
Amendment 92 #
2018/0206(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The Commission and the Member States shall ensure that gender equality and the integration of the gender perspective is a binding principle in all phases of programming, from shaping the priorities of the operational programmes to the implementation, monitoring and evaluation, and that key actions for gender mainstreaming receive support.
Amendment 94 #
2018/0206(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The ESF+ should support Member States’ efforts at all levels of government including at regional and local level to tackle poverty with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all, tackling discrimination and addressing health inequalities and housing deprivation, including homelessness, while putting special emphasis on combatting the feminisation of poverty. This implies mobilising a range of policies targeting the most disadvantaged people regardless of their age, including children, marginalised communities such as the Roma, and the working poorpeople with disability, illness and/or chronic conditions, the working poor, the homeless, third-country nationals, including refugees, asylum seekers, undocumented migrants and stateless persons, and all other people facing multiple social challenges and multiple forms of discrimination. The ESF+ should promote the active inclusion of people far from the labour market with a view to ensuring their socio-economic integrationclusion and full participation in society. The ESF+ should be also used to enhance social rights through timely and equal access to affordable, sustainable and high quality services such as healthcarecounselling, healthcare, childcare and early childhood education and long-term care, in particular family and community-based care services, and access to decent energy-efficient affordable housing, including social housing. The ESF+ should contribute to the modernisation of social protection systems and social services with a view in particular to promoting their accessibility and coverage.
Amendment 104 #
2018/0206(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The ESF+ should support policy and system reforms in the fields of employment, social inclusion, healthcare and long-term care, and education and training. In order to strengthen alignment with the European Semester, Member States should allocate an appropriate amount of their resources of the ESF+ strand under shared management to implement relevant country-specific recommendations relating to structural challenges which it is appropriate to address through multiannual investments falling within the scope of the ESF+. The Commission and the Member States shouldshould review the operational programmes to assess whether they sufficiently address the country-specific recommendations. The Commission and the Member States should involve local and regional authorities meaningfully in the process to ensure coherence, coordination and complementarity between all levels of government and between the shared- management and the EaSI and Health strands of ESF+ and the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument. In particular, the Commission and the Member State should ensure, in all stages of the process, effective coordination in order to safeguard the consistency, coherence, complementarity and synergy among sources of funding, including technical assistance thereof respecting the partnership principle.
Amendment 111 #
2018/0206(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) All Member States have ratified the UN Convention on the Rights of the Child which constitutes the standard in the promotion and protection of the rights of the child. The promotion of children’s rights is an explicit objective of Union policies, and the Charter of Fundamental Rights of the European Union requires that the best interests of the child be a primary consideration in all Union action. The ESF+ should support actions promoting effective interventions that contribute to the realisation of children’s rights.
Amendment 115 #
2018/0206(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Efficient and effective implementation of actions supported by the ESF+ depends on good governance and partnership between all actors at the relevant territorial levels and the socio- economic actors, in particular regional and local authorities, the social partners and civil society. It is therefore essential that Member States encourage the participation of social partners and civil society in the implementation of the ESF+ under shared management with special emphasis on NGOs delivering employment, care, education and social services and working in the field of anti-discrimination and/or defending human rights. It is therefore essential that Member States ensure the meaningful participation of regional and local authorities, social partners and civil society in the strategic governance of the ESF+ under shared management from shaping priorities for operational programmes to implementing, monitoring and evaluating the results and impact. Furthermore, for the sake of safeguarding non-discrimination and equal opportunities, it is vital that equality bodies and national human rights institutions are also involved in each stage.
Amendment 118 #
2018/0206(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) With a view to fully tapping into the potential of cross-sectorial cooperation and to improving synergies and coherence with other policy fields to achieve the general objectives of the ESF+, sport and physical activity should be used as a tool in ESF+ actions aimed, in particular, at fighting youth unemployment, improving social inclusion of marginalised groups, health promotion, and disease prevention.
Amendment 119 #
2018/0206(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The Member States and the Commission should ensure that ESF+ contributes to the promotion of equality between women and men in accordance with Article 8 TFEU to foster equality of treatment and opportunities between women and men in all areas, including regarding participation in the labour market, terms and conditions of employment and career progression. They should also as well as the economic independence of women, education and skills upgrading and the reintegration of female victims of violence into society and into the labour market. Synergies and policy coherence with the Rights and Values programme in this should ensure that ESF+ can mainstream and upscale actions. The Commission and the Member States should ensure that the ESF+ promotes equal opportunities for all, without discrimination in accordance with Article 10 TFEU and promotes the inclusion in society of persons with disabilities and chronic diseases on equal basis with others and contributes to the implementation of the United Nations Convention on the Rights of Persons with Disabilities with regard to, inter alia, education, work, employment and accessibility. These principles should be taken into account in all dimensions and in all stages of the preparation, monitoring, implementation and evaluation of programmes, in a timely and consistent manner while ensuring that specific actions are taken to promote gender equality and equal opportunities. The ESF+ should also promote accessibility in line withe the UN Convention on the Rights of Persons with Disabilities and the transition from residential/institutional care to family and community-based care, in particular for those who face multiple discrimination. The ESF+ should not support any actionMeasures for the shift from institutional to family and community-based care should be implemented through national deinstitutionalisation strategies and action plans. The ESF+ should not support any action that does not respect fundamental rights as set out in the Charter of Fundamental Rights and, in particular, actions that contributes to segregation or to social exclusion or the reproduction of gender stereotypes. Regulation (EU) No [future CPR] provides that rules on eligibility of expenditure are to be established at national level, with certain exceptions for which it is necessary to lay down specific provisions with regard to the ESF+ strand under shared management.
Amendment 123 #
2018/0206(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Social experimentation is a small- scale project testing which allows gathering evidence on the feasibility of social innovations. It should be possible for feasible ideaand encouraged for ideas to be tested at local level and for feasible ones to be pursued on a wider scale or intransferred to other contexts in different regions or Member States with financial support from the ESF+, as well as from or in combination with other sources.
Amendment 124 #
2018/0206(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) ESF+ lays down provisions intended to achieve freedom of movement for workers on a non-discriminatory basis by ensuring the close cooperation of the central. The public employment services of Member States with one anoth, the social partners and with the Commission should work closely together. The European network of employment services, with the involvement of the social partners and relevant civil-society organisations, should promote a better functioning of the labour markets by facilitating the non-precarious cross- border mobility of workers and a greater transparency, of information on the labour markets with disaggregated data, as well as greater skills recognition. The ESF+ scope also includes developing and supporting targeted mobility schemes with a view to filling vacancies where labour market shortcomings have been identified. Furthermore, the scope of the ESF+ covers cross-border partnerships between regional public employment services and social partners and their activities to promote voluntary and fair mobility, as well as transparency and integration of cross-border labour markets through information, advice and placement. In many border regions they play an important role in the development of a genuine European labour market.
Amendment 129 #
2018/0206(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34a) Transnational cooperation has significant added value and should therefore be supported by all Member States with the exception of duly justified cases taking account of the principle of proportionality. It is also necessary to reinforce the Commission’s role in facilitating exchanges of experience and coordinating implementation of relevant initiatives.
Amendment 131 #
2018/0206(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The Health strand of the ESF+ should contribute to disease prevention throughout the lifetime of the Union's citizens and to health promotion by addressing health risk factors such as tobacco use and passive smoking, harmful use of alcohol, consumption of illicit drugs and reduction of drugs- related health damage, unhealthy dietary habits, exposure to indoor and outdoor air pollution and physical inactivity and foster supportive environments for healthy lifestyles in order to complement Member States action in line with the relevant strategies. The Health strand of the ESF+ should mainstream effective prevention models, innovative technologies and new business models and solutions to contribute to innovative, efficient and sustainable health systems of the Member States and facilitate access to better and safer healthcare for European citizens.
Amendment 132 #
2018/0206(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) Non-communicable diseases are responsible for over 80 % of premature mortality in the Union and an effective prevention entails multiple cross-sectoral actions and cross border dimensions. In parallel, the European Parliament and the Council underlined the need to minimise the public health consequences of serious cross-border threats to health such as communicable diseases and other biological, chemical, environmental and unknown threats, by supporting preparedness and response capacity building.
Amendment 133 #
2018/0206(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Reflecting the importance of tackling climate change and the just transition in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Regulation will contribute to mainstream climate action in the Union's policies and to the achievement of an overall target of 25 % of the EU budget expenditures supporting climate objectives. Relevant actions will be identified during the preparation and implementation, and reassessed in the context of the mid- term evaluation.
Amendment 138 #
2018/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) 'basic material assistance' means goods which fulfil the basic needs of a person for a life with dignity, such as clothing, hygiene goods, including female hygienic and care products, and school material;
Amendment 139 #
2018/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9a) ‘just transition roadmap’ means a strategy outlining regional actions towards a climate-friendly and resource- efficient economy;
Amendment 140 #
2018/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 – introductory part
Article 2 – paragraph 1 – point 15 – introductory part
(15) 'social enterprise' means an undertaking, regardless of its legal form, or a natural person whichose
Amendment 141 #
2018/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 – point a
Article 2 – paragraph 1 – point 15 – point a
(a) in accordance with its Articles of Association, Statutes or with any other legal document that may result in liability under the rules of the Member State where it is located, has as its primary social objective the achievement of measurable, positive social impacts rather than generating profitsocial or societal objective of the common good is the reason for the commercial activity, often in the form other purposes, and wf a hicgh provides services or goods that generate a social return, and/or employs methods of production of goods or services that embodies social objectiveslevel of social innovation;
Amendment 143 #
2018/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 – point b
Article 2 – paragraph 1 – point 15 – point b
(b) uses its profits first and foremost to achieve its primary social objective, and has predefined procedures and rules covering any distribution of profits that ensure that such distribution does not undermine the primaryprofits are mainly reinvested to achieve this social objective;
Amendment 144 #
2018/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 – point c
Article 2 – paragraph 1 – point 15 – point c
(c) is managed in an entrepreneurial, accountablmethod of organisation or the ownership system reflects the aund transparent way, in particular by involving workers, customers and stakeholders impacted by its business activitiesertaking’s mission, using democratic or participatory principles or focusing on social justice;
Amendment 150 #
2018/0206(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
The ESF+ shall support, complement and add value to the policies of the Member States to ensure gender equality, equal opportunities, access to the labour market, fair working conditions, social protection and inclusionnon- discrimination, social protection for all, access to basic services, including affordable energy efficient housing, inclusion, in particular of third-country nationals and marginalised communities, and a high level of human health protection.
Amendment 166 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point ii a (new)
Article 4 – paragraph 1 – point ii a (new)
Amendment 167 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point iii
Article 4 – paragraph 1 – point iii
(iii) promoting women’s labour market participationgender equality in all areas by ensuring women’s economic independence and labour market participation respecting the principle of equal pay for equal work and for work of equal value, and offering at least a living wage, a better work/life balance including equal access to childcareaffordable, inclusive and non-segregated quality early childhood education and childcare and other care services or support, a healthy and well– adapted working environment addressing health risks and disease risk factors, adaptation of workers, enterprises and entrepreneurs to change, and active and healthy ageing;
Amendment 174 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point vii
Article 4 – paragraph 1 – point vii
(vii) fostering active inclusion and full participation in society with a view to promoting equal opportunities, non- discrimination, democracy and active participation, and improving employabilitylabour opportunities and social inclusion;
Amendment 179 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point 2
Article 4 – paragraph 2 – point 2
2. a greener, low carbon Europe through the improvement of education and training systems necessary for the adaptation of skills and qualifications, the upskilling of all, including the labour forceawareness-raising among the population about sustainable development and lifestyles, the creation of new high- quality jobs in sectors related to the environment, climate and energy, and the circular and bioeconomy.
Amendment 189 #
2018/0206(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Gender Equality between men and women and equal opportunities, and non- discrimination
Amendment 190 #
2018/0206(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. All programmes implemented under the ESF+ strand under shared management, as well as the operations supported by the Employment and Social Innovation and Health strands shall ensure equality between men and womenof all genders throughout their preparation, implementation, monitoring and evaluation. These operations include increasing the participation and progress of women in employment, combating the feminisation of poverty, gender stereotypes and intersecting discrimination in the labour market and in education and training in the frame of gender mainstreaming obligations. They shall also promote equal opportunities and accessibility for all, without discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation throughout their preparation, implementation, monitoring and evaluationnationality, residence or employment status, religion or belief, disability, chronic diseases, age, sexual orientation, sex characteristics, gender expression or gender identity throughout their preparation, implementation, monitoring and evaluation. They shall also aim to improve accessibility for persons with disabilities, as set out in Article 9 of the UN Convention on the Rights of Persons with Disabilities, including access to the labour market.
Amendment 194 #
2018/0206(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The Member States and the Commission shall support specific targeted actions aimed at, in particular, increasing the long- term participation of women in working life, respecting the principle of equal pay for equal work and work of equal value and being paid at least a living wage, and at improving their professional development, combating the feminisation of poverty, reducing gender segregation and gender stereotypes in education and training, the labour market and beyond, and to promote a work- life balance for all, including more balanced sharing of care responsibilities between all genders.
Amendment 195 #
2018/0206(COD)
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. The Member States shall integrate the gender perspective into all phases of programming, from shaping the priorities of the operational programmes to the delivery, monitoring and evaluation and enhance their commitment to gender budgeting by establishing specific targets with their corresponding budget allocations. Gender budgeting shall be recognised as an important instrument of equal opportunities policy in order to make gender gaps in equal participation transparent, thereby strengthening gender equality in the ESF+.
Amendment 196 #
2018/0206(COD)
Proposal for a regulation
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
1c. The Member States and the Commission shall promote equal opportunities for all, without discrimination based on sex, racial or ethnic origin, religion or belief, disability, age, sex characteristics, gender expression and gender identity or sexual orientation through mainstreaming the principle of non- discrimination, as referred to in Article 7 of Regulation (EU) No 1303/2013. Through the ESF+, the Member States and the Commission shall also support specific actions that aim to combat all forms of discrimination as well as to improve accessibility for persons with disabilities and for those facing multiple discrimination, thereby enhancing social inclusion and reducing inequalities.
Amendment 197 #
2018/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Member States and the Commission shall also support specific targeted actions and the development of national strategies and action plans to promote the principles referred to in paragraphs 1 to 1(c) within any of the objectives of the ESF+, including improving accessibility for all and the transition from residential/institutional care to family and community-based care.
Amendment 199 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Member States shall concentrate the ESF+ resources under shared management on interventions that address the principles and rights set out in the European Pillar of Social Rights and take into account the social challenges identified, among others, in their national reform programmes, in the European Semester as well as in the relevant country- reports and country- specific social recommendations adopted in accordance with Article 121(2) TFEU and Article 148(4) TFEU, and take into account principles and rights set out in the European Pillar of Social Rights well as and in line with the Paris Agreement and the UN Sustainable Development Goals.
Amendment 200 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Member States and, where appropriate the Commission, shall foster synergies and ensure coordination, complementarity and coherence between the ESF+ and other Union funds, programmes and instruments such as the ERDF, InvestEU, the Rights and Values Instrument, Erasmus, the Asylum and Migration Fund and the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument, both in the planning phase and during implementation. Member States and, where appropriate the Commission, shall optimise mechanisms for coordination to avoid duplication of effort and ensure close cooperation between those managing authorities responsible for implementation to deliver integrated approaches, coherent and streamlined support actions.
Amendment 202 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall allocate an appropriate amount of their ESF+ resources under shared management to address challenges identified in relevant country reports and country-specific social recommendations adopted in accordance with Article 121(2) TFEU and Article 148(4) TFEU and in the European Semester falling within the scope of the ESF+ as set out in Article 4 and in line with the requirements as set out in Article 11.
Amendment 214 #
2018/0206(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Respect for fundamental rights The Member States and the Commission shall ensure respect for fundamental rights and compliance with the Charter of Fundamental Rights of the European Union in the implementation of the funds. Any cost incurrent for action that is not in line with the European Charter of Fundamental Rights shall not be eligible in accordance with Article 58(2) of the Common Provisions Regulation xx/xx and Commission Delegated Regulation (EU) No 240/2014.
Amendment 215 #
Amendment 216 #
2018/0206(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Each Member State shall ensure adequate participation of social partners and civil society organisations in the delivery of employment, education and social inclusion, in accordance with Article 6 of the Common Provisions Regulation xx/xx and Commission Delegated Regulation (EU) No 240/2014, meaningful participation of local and regional authorities, social partners and civil society organisations and service users in the strategic governance of the ESF+ in all phases of programming, from shaping the priorities of the operational programmes to the delivery, monitoring and evaluation of all policies supported by the ESF+ strand under shared management.
Amendment 220 #
2018/0206(COD)
Proposal for a regulation
Article 11 – title
Article 11 – title
Support to relevant country-specific recomthe social dimension of the European Semester and the implemendtation of the European Pillar of Social Rights
Amendment 221 #
2018/0206(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
The actions addressing the social challenges identified in relevant country reports and country-specific social recommendations and in the European Semester as referred to in Article 7(2) shall be programmed under one or more dedicated priorities. Member States shall ensure consistency, coherence and synergies of these priorities with the European Pillar of Social Rights and the Sustainable Development Goals, taking into account local and regional challenges. The Commission shall undertake yearly reviews and assess whether the proposed operational programmes are sufficient to address the problems identified in the country-specific social recommendations with a view of implementing the European Pillar of Social Rights. Where the operational programmes or the corrective actions proposed by the Member States are insufficient, the Commission shall propose their readjustment.
Amendment 224 #
2018/0206(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Direct staff costs shall be eligible for a contribution from the general support of the ESF+ strand under shared management provided that their level is not higher than 100% of the usual remuneration for the profession concerned in the Member State as demonstrated by Eurostat data unless collective agreements apply.
Amendment 226 #
2018/0206(COD)
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
6. The Commission is empowered to adopt delegated acts in accordance with Article 38 to amend the indicators in Annex I where considered necessary to ensure effective assessment of progress in the implementation of programmes which shall include a gender impact assessment to monitor the implementation of the ESF+ programmes with regard to gender equality.
Amendment 229 #
2018/0206(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The food and/or basic material assistance provided to the most deprived persons may be purchased by or on behalf ofin consultation with the beneficiary or made available free of charge to the beneficiary.
Amendment 232 #
2018/0206(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point d
Article 23 – paragraph 1 – point d
(d) to develop and provide specific support services to workers, employers and job-seekers with a view to the development of integrated European labour markets, ranging from pre- recruitment preparation to post-placement assistance to fill vacancies in certain sectors, professions, countries, border regions or for particular groups (e.g. cross-border workers and persons in vulnerable peoplesituations);
Amendment 233 #
2018/0206(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point d a (new)
Article 23 – paragraph 1 – point d a (new)
(da) to support cross-border partnerships between public employment services, civil society and social partners to promote a cross-border labour market and cross-border mobility with socially just conditions;
Amendment 234 #
2018/0206(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point f
Article 23 – paragraph 1 – point f
(f) to support networking at Union level and dialogue with and among relevant stakeholders in the fields referred to in Article 4 and contribute to build up the institutional capacity of these stakeholders, including the public employment services (PES), social security institutions, microfinance institutions and institutions providing finance to social enterprises and social economy and non-governmental organisations;
Amendment 236 #
2018/0206(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point g
Article 23 – paragraph 1 – point g
(g) to support the development of social enterprises and the emergence of a social investment market, facilitating public and private interactions and the participation of foundations, civil- society organisations and philanthropic actors in that market;
Amendment 237 #
2018/0206(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point b – point i
Article 24 – paragraph 2 – point b – point i
(i) cross-border partnerships and support services providing information, advice and placement for workers, including apprentices, interns and trainees and commuters, as well as jobseekers and employers in cross-border regions;
Amendment 239 #
2018/0206(COD)
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25a Governance 1. The Commission shall consult stakeholders within the Union, in particular social partners and civil society organisations, on the employment and social innovation work programmes, their priorities and strategic orientation and their implementation. 2. The Commission shall establish the necessary links with the Employment Committee, the Social Protection Committee, the Advisory Committee on Health and Safety at Work, the group of Directors-General for Industrial Relations and the Advisory Committee on Free Movement of Workers to ensure that they are regularly and appropriately informed about progress made in the implementation of the programme. The Commission shall also inform other committees dealing with strategies, instruments and actions relevant to the programme. 3. The results of the actions implemented under the employment and social innovation strand shall be communicated at regular intervals and in an appropriate form and transmitted to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions, as well as the social partners and the public in order to maximise the impact, sustainability and added value of these results at Union level.
Amendment 245 #
2018/0206(COD)
Proposal for a regulation
Article 40 – paragraph 3 a (new)
Article 40 – paragraph 3 a (new)
3a. The ESF+ Committee may invite representatives of the European Investment Bank and the European Investment Fund as well as representatives of the relevant civil society organisations to its meetings.
Amendment 246 #
2018/0206(COD)
Proposal for a regulation
Article 40 – paragraph 5 – subparagraph 2
Article 40 – paragraph 5 – subparagraph 2
The opinions of the ESF+ Committee shall be adopted by an absolute majority of the votes validly cast, and shall be communicated to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, for information. The Commission shall inform the ESF+ Committee in writing of the manner in which it has taken account of its opinions.
Amendment 247 #
2018/0206(COD)
Proposal for a regulation
Annex I – paragraph 1
Annex I – paragraph 1
All personal data are to be broken down by gender (female, male, 'non binary'). If certain results are not possible to register or relevant, data for those results do not have to be collected and reported. Personal data are to be surveyed anonymously.
Amendment 70 #
2018/0205(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 2 – point a
Article 6 – paragraph 1 – point 2 – point a
Directive 2010/63/EU
Article 54 – paragraph 1 – subparagraph 3
Article 54 – paragraph 1 – subparagraph 3
Amendment 71 #
2018/0205(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 2 – point a
Article 6 – paragraph 1 – point 2 – point a
Directive 2010/63/EU
Article 54 – paragraph 1 a (new)
Article 54 – paragraph 1 a (new)
1a. The Commission shall, no later than 10 November 2020 and at least every five years thereafter, carry out an evaluation of this Directive and of its implementation, based in particular on the information received from the Member States pursuant to Article 54(1), and taking into account advancements in the development of alternative methods not entailing the use of animals. The Commission shall report to the European Parliament and to the Council on the results of this evaluation and accompany such reports, if necessary, by appropriate legislative proposals.
Amendment 76 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 2009/103/EC
Article 1 – point 1
Article 1 – point 1
-1 In Article 1, point 1 is amended as follows: 1. ‘vehicle’ means any motor vehicle intended for travel on land and propelled solely by mechanical power or where the mechanical power is designed to propel the motor vehicle to speeds in excess of 25 km/h, but not running on rails, and any trailer, whether or not coupled;
Amendment 1 #
2018/0166R(APP)
Draft opinion
Paragraph –1 (new)
Paragraph –1 (new)
-1. whereas under Article 8 of the TFEU the EU is committed to promoting equality between men and women and ensuring gender mainstreaming in all of its actions;
Amendment 3 #
2018/0166R(APP)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that reform of the revenue side should go hand in hand with reform of expenditure and of rebates and corrections, in order to increase the European added value of EU expenditure by ensuring a visible link between expenditure and EU policies and priorities, and by supporting EU policies in the key areas of EU competence which demonstrate high potential for European added value, such as the protection of fundamental rights, the single market, migration and asylum policies, the promotion of gender equality, environmental protection and climate action, energy union, common defence policy, and the reduction of fiscal heterogeneity in the single market, as recommended in the Monti report1 ; _________________ 1 Final report and recommendations of the High-Level Group on Own Resources on the future financing of the EU, adopted in December 2016.
Amendment 9 #
2018/0166R(APP)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that EU spending should be given the appropriate flexibility and be the subject of proper democratic scrutiny and accountability, which necessitates the full involvement of Parliament in every phase of the Multiannual Financial Framework (MFF) Regulation decision-making process in respect of its prerogatives as co- legislator; calls, therefore, to move the qualify majority voting in the Council and for closer dialogue between the Council and Parliament when negotiating the next MFF before the Council formally submits for Parliament’s consent its proposal for the MFF Regulation, and warns against the European Council’s usual top-down approach of setting the overall ceilings per heading rather than assessing the actual needs of the programmes first;
Amendment 12 #
2018/0166R(APP)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses the importance of maintaining post-Brexit budgets at the same level in terms of volume as the 2020 budget;
Amendment 18 #
2018/0166R(APP)
Draft opinion
Paragraph 5
Paragraph 5
5. Reiterates its intention to closely examine all elements of the proposal concerning the rule of law conditionality clause and to introduce the necessary provisions to guarantee that the final beneficiaries of the Union budgeconsiders that suspending EU spending in a Member State should only happen as a last resort and in accordance with Article 7 TEU; proposes that the rule of law conditionality clause should consist in temporarily suspending the principle of shared management can in no way be affected by breaches of rules for which they are not responsibled allow the EU Commission, in close cooperation with regional and local authorities, to directly manage EU funding;
Amendment 21 #
2018/0166R(APP)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recalls that gender equality is enshrined in the EU Treaty and should be included in all EU activities so as to deliver equality in practice; stresses that gender budgeting must become an integral part of the MFF by including a clear commitment in the MFF Regulation;
Amendment 22 #
2018/0166R(APP)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Stresses that the next MFF should take full account of the commitments made by the EU in the context of COP 21;
Amendment 24 #
2018/0166R(APP)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 35 #
2018/0166R(APP)
Draft opinion
Paragraph 8
Paragraph 8
8. Welcomes the fact that the Commission’s proposed new own resources categories that are linked to policies with a high European added value, with the aim not of increasing the overall tax burden for citizens, but of reducing the burden on national treasuries and generating an awareness, among citizens, ofgenerating an autonomous EU budget which demonstrates the added value of European integration; considers, however, that the proposal lacks ambition and autonomous EU budget which demonstrates the added value of European integrationsks to explore other sources of new own resources such as in environment and climate, in transport, in tax justice and the fight against tax avoidance.
Amendment 65 #
2018/0145(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Over the past decades, developments in vehicle safety have contributed significantly to the overall reduction in the number of road fatalities and severe injuries. However, these reductions have recently stalled in the Union due to various factors, such as structural and behavioural factors, and waccording to the latest figures available, 25 300 people died in 2017 on EU roads, a figure that has stagnated in the last four years. In addition, 135 000 people are seriously injured in collisions every years. Further to the safety measures to protect car occupants, the implementation of specific measures to prevent fatalities and injuries of vulnerable road users, such as cyclists and pedestrians, is needed to protect users outside of the vehicle. Without new initiatives on general road safety, the safety effects of the current approach will no longer be able to off-set the effects of increasing traffic volumes. Therefore, the safety performance of vehicles needs to be further improved as part of an integrated road safety approach and in order to protect vulnerable road users better.
Amendment 71 #
2018/0145(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Technical progress in the area of advanced vehicle safety systems offers new possibilities for reducing casualty numbers. In order to minimise the number of severe injuries and fatalities, some of the relevant new technologies need to be introduced as a package to increase the cost- effectiveness of such features.
Amendment 79 #
2018/0145(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Establishing rules for the mandatory introduction of these safety measures is one aspect of this Regulation. It is also necessary to ensure the acceptance of this equipment by consumers by providing them clear and easy-to-understand information on their functioning.
Amendment 89 #
2018/0145(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The introduction of event (accident) data recorders storing a range of crucial vehicle data over a short timeframe before, and during and after a triggering event (for example, the deployment of an airbag) is a valuable step in obtaining more accurate, in-depth accident data. Motor-vehicles should therefore be required to be equipped with such recorders. It should also be a requirement that such recorders are capable for recording and storing data in such a way that the anonymised data can be used for statistical purposes by Member States to conduct road safety analysis and assess the effectiveness of specific measures taken.
Amendment 93 #
2018/0145(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Any processing of personal data, such as information about the driver processed in event (accident) data recorders or information about the driver on drowsiness and attention monitoring or advanced distraction recognition, should be carried out in accordance with EU legislation on data protection, in particular the General Data Protection Regulation28. In addition, the processing of personal data collected through the 112- based eCall in-vehicle system is subject to specific safeguards29. __________________ 28 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1. 29 Regulation (EU) 2015/758 of the European Parliament and of the Council of 29 April 2015 concerning type-approval requirements for the deployment of the eCall in-vehicle system based on the 112 service and amending Directive 2007/46/EC, OJ L 123, 19.5.2015, p. 77In addition, the processing of personal data collected through the 112- based eCall in-vehicle system is subject to specific safeguards.
Amendment 96 #
2018/0145(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Historically, Union rules have limited the overall length of truck combinations which resulted in the typical cab-over-engine designs as they maximise the cargo space. However, the high position of the driver led to an increased blind spot area and poorer direct visibility around the truck cab. This is a major factor for truck accidents involving vulnerable road users. The number of casualties could be reduced significantly by improving direct vision. Requirements should therefore be introduced to improve the direct vision so as to enhance the direct visibility of vulnerable road users from the driver’s seat by removing blind spots in front and on the sides of truck cabins.
Amendment 123 #
2018/0145(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 3
Article 3 – paragraph 2 – point 3
(3) ‘intelligent speed assistance’ means a system to aid the driver in observing the appropriate speed for the road environment by providing dedicated and appropriate haptic feedback through the accelerator pedal withcontrol based on speed limit information obtained through observation of road signs and signals, based on infrastructure signals or electronic map data, or both, made available in-vehicle;
Amendment 128 #
2018/0145(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 3 a (new)
Article 3 – paragraph 2 – point 3 a (new)
(3a) ‘speed limiter’ means a device that prevents a vehicle from being driven faster than an officially specified speed;
Amendment 129 #
2018/0145(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 4
Article 3 – paragraph 2 – point 4
(4) ‘alcohol interlock installation facilitation’ means a standardised interface facilitating the fitment of aftermarket alcohol interlock devices in motor vehicles’ means a device in motor vehicle that prevents a vehicle to be driven if the driver shows to have an alcohol concentration in his/her blood that is higher than the officially specified alcohol limit;
Amendment 149 #
2018/0145(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 13
Article 3 – paragraph 2 – point 13
(13) ‘event (accident) data recorder’ means a system recording and storing critical crash- related parameters and information before, and during and after a collision;
Amendment 154 #
2018/0145(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 27 a (new)
Article 3 – paragraph 2 – point 27 a (new)
(27a) ‘anti-dooring system’ means a system detecting vulnerable road users, such as cyclists, advancing towards a vehicle and preventing the opening of the vehicle’s doors for a short period of time so as to prevent a collision;
Amendment 157 #
2018/0145(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Manufacturers shall ensure that vehicles are designed, constructed and assembled so as to prevent or minimise the risk of fatality or injury to vehicle occupants and vulnerable road users.
Amendment 163 #
2018/0145(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The Commission is empowered toshall adopt delegated acts in accordance with Article 12 to amending Annex II in order to take account of technical progress and regulatory developments, in particular in relation to the matters listed in points (a) to (f) of paragraph 5 of this Article and with a view to ensuring a high level of general safety of vehicles, systems, components and separate technical units and a high level of protection of vehicle occupants and vulnerable road users.
Amendment 164 #
2018/0145(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. In order to ensure that a high level of general safety of vehicles and of protection of vehicle occupants and vulnerable road users is attained, the Commission is empowered toshall adopt delegated acts in accordance with Article 12 tosupplementing this Regulation by laying down detailed rules concerning the specific test procedures and technical requirements for type-approval of vehicles, systems, components and separate technical units with regard to the requirements listed in Annex II.
Amendment 170 #
2018/0145(COD)
Proposal for a regulation
Article 5 – paragraph 4 – introductory part
Article 5 – paragraph 4 – introductory part
4. The Commission is empowered toshall adopt delegated acts in accordance with Article 12 to lay down detailed rules concerning specific test procedures and technical requirements for:
Amendment 172 #
2018/0145(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point b
Article 5 – paragraph 4 – point b
(b) the type-approval of tyres, including in its worn state for wet grip performance, and technical requirements concerning their installation.
Amendment 175 #
2018/0145(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point b a (new)
Article 5 – paragraph 4 – point b a (new)
(ba) the type-approval test for wet grip performance of tyres mounted for vehicles of M1 category at worn stage;
Amendment 176 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) intelligent speed assistance, including speed limiters;
Amendment 179 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) alcohol interlock installation facilitation, including alcohol interlock devices installation;
Amendment 187 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) anti-dooring system;
Amendment 188 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f b (new)
Article 6 – paragraph 1 – point f b (new)
(fb) accident data recorder.
Amendment 192 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) it shall be possible for the driver to feel through dedicated and appropriate haptic feedback on the accelerator pedacontrol that the applicable speed limit is reached or exceeded;
Amendment 206 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) it shall be possible for the driver to temporarily override the system’s prompted vehicle speed smoothly through normal operation of the accelerator pedal without need for kick-downcontrol while some resistance shall be felt by the driver;
Amendment 217 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
Amendment 221 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. A motor vehicle equipped with an advanced distraction recognition system in accordance with point (d) of paragraph 1, may be considered to meet the requirement in point (c) of that paragraph too. Such systems shall not record or store any data.
Amendment 224 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. The Commission is empowered toshall adopt delegated acts in accordance with Article 12 to lay down detailed rules concerning the specific test procedures and technical requirements for:
Amendment 229 #
2018/0145(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Vehicles of categories M1 and N1 shall be equipped with most- technologically advanced systems to detect vulnerable road users located in close proximity to the front or nearside of the vehicle and providing a warning so as to avoid collision with vulnerable road users.
Amendment 232 #
2018/0145(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Vehicles of categories M1 and N1 shall be equipped with a lane-keeping system and lane-departure systems.
Amendment 235 #
2018/0145(COD)
Proposal for a regulation
Article 7 – paragraph 4 – introductory part
Article 7 – paragraph 4 – introductory part
4. Advanced emergency braking systems and, advanced pedestrians and cyclists warning and anti-collision systems, lane- keeping and lane-departure systems shall meet the following requirements in particular:
Amendment 241 #
2018/0145(COD)
Proposal for a regulation
Article 7 – paragraph 4 – point a
Article 7 – paragraph 4 – point a
(a) it shall be possible to switch off systems only one at a time, for a short period of time depending on the operation to be performed, and only at standstill with the parking brake engaged, by a complex sequence of actions to be carried out by the driver;
Amendment 248 #
2018/0145(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 259 #
2018/0145(COD)
Proposal for a regulation
Article 7 – paragraph 7 – introductory part
Article 7 – paragraph 7 – introductory part
7. The Commission is empowered toshall adopt delegated acts in accordance with Article 12 to lay down detailed rules concerning the specific test procedures and technical requirements for:
Amendment 261 #
2018/0145(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission is empowered toshall adopt delegated acts in accordance with Article 12 to lay down detailed rules concerning the specific test procedures and technical requirements for the type- approval of frontal protection systems referred to in paragraph 1 of this Article, including technical requirements concerning their construction and installation.
Amendment 263 #
2018/0145(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Vehicles of categories M2, M3, N2 and N3 shall be equipped with most- technologically advanced systems capable of detecting vulnerable road users located in close proximity to the front or nearside of the vehicle and providing a warning so as tor avoiding collision with such vulnerable road users. These systems shall be designed and fitted in two phases providing: (a) a warning in the first phase; (b) a warning and braking so as to avoid collision with vulnerable road users in the second phase.
Amendment 268 #
2018/0145(COD)
Proposal for a regulation
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
(a) it shall be possible to switch off systems only one at a time, for a short period of time depending on the operation to be performed, and only at standstill with the parking brake engaged, by a complex sequence of actions to be carried out by the driver;
Amendment 274 #
2018/0145(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Vehicles of categories M2, M3, N2 and N3 shall be designed and constructed so as to enhance the direct visibility of vulnerable road users from the driver seat and eliminate blind spots to the front and sides of truck cabins. Specifities of N2 and N3 vehicles shall be taken into account when designing the specific requirements for direct vision.
Amendment 280 #
2018/0145(COD)
Proposal for a regulation
Article 9 – paragraph 7 – introductory part
Article 9 – paragraph 7 – introductory part
7. The Commission is empowered toshall adopt delegated acts in accordance with Article 12 to lay down detailed rules concerning the specific test procedures and technical requirements for:
Amendment 282 #
2018/0145(COD)
Proposal for a regulation
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. The Commission is empowered toshall adopt delegated acts in accordance with Article 12 to:
Amendment 295 #
2018/0145(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. In order to ensure the safe operation of automated vehicles on public roads, the Commission is empowered toshall adopt delegated acts in accordance with Article 12 to lay down requirements relating to the systems and other items listed in points (a) to (e) of paragraph 1 of this Article, and to lay down detailed rules concerning the specific test procedures and technical requirements for the type-approval of automated vehicles with regard to those requirements.
Amendment 298 #
2018/0145(COD)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16a Review and reporting 1. By ... [4 years after the date of application of this Regulation] and every three years thereafter, the Commission shall submit an evaluation report to the European Parliament and Council on the effectiveness of the safety measures and systems introduced by this Regulation. Where appropriate, this report shall assess the possibility to introduce further requirements by amending this Regulation. 2. The Commission shall report to the European Parliament before and after every session of the UNECE’s World Forum for Harmonisation of Vehicle Regulations (WP. 29) on the state of play of the discussions taking place, as well as on the progress achieved within this framework on the implementation of vehicle safety features and technologies mentioned in this Regulation.
Amendment 306 #
2018/0145(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
It shall apply from [PO: Please insert the date 3618 months following the date of entry into force of this Regulation].
Amendment 314 #
2018/0145(COD)
Proposal for a regulation
Annex II – Table – subheading 2 – line 4
Annex II – Table – subheading 2 – line 4
Advanced emergency braking for pedestrian C C C C C C and cyclist
Amendment 317 #
2018/0145(COD)
Proposal for a regulation
Annex II – Table – subheading 2 – line 4a (new)
Annex II – Table – subheading 2 – line 4a (new)
Pedestrian and cyclist C C C C collision warning
Amendment 318 #
2018/0145(COD)
Proposal for a regulation
Annex II – Table – subheading 2 – line 5 a (new)
Annex II – Table – subheading 2 – line 5 a (new)
Anti-dooring system A A A A A A A
Amendment 320 #
2018/0145(COD)
Proposal for a regulation
Annex II – Table – subheading 2 – line 6
Annex II – Table – subheading 2 – line 6
Pedestrian and cyclist B B B B B B B collision warning
Amendment 326 #
2018/0145(COD)
Proposal for a regulation
Annex II – Table – subheading 3 – line 10 a (new)
Annex II – Table – subheading 3 – line 10 a (new)
Tyre safety performance UN Regulation N° D in the worn state 117
Amendment 333 #
2018/0145(COD)
Proposal for a regulation
Annex II – Table – subheading 5 – line 1
Annex II – Table – subheading 5 – line 1
Amendment 339 #
2018/0145(COD)
Proposal for a regulation
Annex II – Table – subheading 5 – line 5
Annex II – Table – subheading 5 – line 5
Event (accident) data B B5 B B B5 B B5 B B5 B recorder
Amendment 347 #
2018/0145(COD)
Proposal for a regulation
Annex II – Notes to the table – point D
Annex II – Notes to the table – point D
Date for refusal to grant EU type-approval: [PO: Please insert the date 48 months after the date of application of this Regulation] Date and for the prohibition of the registration of vehicles, as well as the placing on the market and entry into service of components and separate technical units: [PO: Please insert the date 824 months after the date of application of this Regulation]
Amendment 138 #
2018/0114(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The freedom of establishment and the development of the internal market are no stand-alone principles or objectives of the EU. They should always be balanced with, in particular in the context of this Directive, the Union’s principles and objectives regarding social progress, the promotion of a high level of employment and the guarantee of adequate social protection, embedded in Article 3 of the Treaty on the European Union and Article 9 of the TFEU. It is therefore clear that the development of the internal market should contribute to social cohesion and upward social convergence, and should not fuel competition between social systems, putting pressure on those systems to lower their standards.
Amendment 139 #
2018/0114(COD)
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) EU policy should also contribute to the promotion and reinforcement of social dialogue, in line with article 151 TFEU. It is therefore also the objective of this Directive to secure employees’ information, consultation and participation rights and to ensure that any cross-border mobility of companies can never lead to the lowering of these rights. Ensuring information, consultation and participation of employees is essential for all such actions to succeed.
Amendment 140 #
2018/0114(COD)
Proposal for a directive
Recital 2 c (new)
Recital 2 c (new)
(2c) The freedom of establishment should also in no way undermine the principles regarding the countering fraud and any other illegal activities affecting the financial interests of the Union included in article 310 of the TFEU.
Amendment 141 #
2018/0114(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In the absence of harmonisation of Union law, the definition of the connecting factor that determines the national law applicable to a company or firm falls, in accordance with Article 54 of the TFEU, within the competence of each Member State to so define. Article 54 of the TFEU places the factor of the registered office, the central administration and the principal place of business of a company or firm at the same degree of connection. Therefore, as clarifiUntil now, the interpretation provided in the case-law,42 of the Court of Justice42 stated that where the Member State of new establishment, namely the destination Member State, requires only the transfer of the registered office as a connecting factor for the existence of a company under its national legislation, the fact that only the registered office (and not the central administration or principal place of business) is transferred does not as such exclude the applicability of the freedom of establishment under Article 49 of the TFEU. The choice of the specific form of company in cross-border mergers, conversions and divisions or the choice of a Member State of establishment are inherent in the exercise of the freedom of establishment guaranteed by the TFEU as part of a Single Market. _________________ 42 Judgment of the Court of Justice of 25 October 2017, Polbud – Wykonawstwo, C- 106/16, ECLI:EU:C:2017:804, paragraph 29.
Amendment 142 #
2018/0114(COD)
Proposal for a directive
Recital 4
Recital 4
(4) These developments in the case-law have opened up new opportunities for companies and firms in the Single Market in order to foster economic growth, effective competition and productivity. At the same time, in the absence of a level playing field in the form of coherent social and fiscal rules, these developments went hand-in-hand with the proliferation of letterbox companies and abusive practices, constituting artificial arrangements and circumventing fiscal and social security obligations as well as undercutting workers’ rights. The objective of a Single Market without internal borders for companies must also be reconciled with other objectives of European integration such as social protection (in particularfor all, the protection of workers)' rights, the protection of creditors and the protection of shareholders. Such objectives, i, as well as the fight against attacks on financial interests of the EU via for example money laundering and tax evasion. In the absence of harmonised rules specifically regarding cross-border conversions, are pursued by Member States throughMember States have developed a number of multifarious legal provisions and administrative practices. As a result, whereas companies are already able to merge cross-border, they experience a number of legal and practical difficulties when wishing to perform a cross-border conversion. Moreover, the national legislation of many Member States provides for the procedure of domestic conversions without offering an equivalent procedure for converting cross-border.
Amendment 148 #
2018/0114(COD)
Proposal for a directive
Recital 6
Recital 6
(6) It is appropriate therefore to provide procedural and substantive rules on cross-border conversions which would contribute to the abolition of restrictions on freedom of establishment and provide at the same time adequate and proportionate protection for stakeholders such as employees, creditors and minority shareholders. Loopholes need to be closed and opportunities for abuses related to tax, social security and the rights of different stakeholders, need to be prevented. It is therefore key to reorient the direction taken by the Court of Justice and clarify that it should not be possible for a company to move its registered office without moving their head office in ority shareholdersder to carry out a substantial part of its economic activity in the member state of destination.
Amendment 153 #
2018/0114(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The concepts of information and consultation of employees need to be clarified with the objectives of reinforcing the effectiveness of dialogue at transnational level. The definition of ‘consultation’ should allow for the expression of an opinion to be properly used in the decision-making process.
Amendment 155 #
2018/0114(COD)
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) This directive establishes minimum requirements applicable throughout the Member States while allowing and encouraging Member States to provide more favourable protection of employees.
Amendment 160 #
2018/0114(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The right to merge, divide or convert an existing company formed in a Member State into a company governed by another Member State may in certain circumstancesshould never be used for abusive purposes such as for the circumvention of labour standards, social security payments, tax obligations, creditors', minority shareholders' rights or rules on employees participation, as this is the case for example of letterbox companies. In order to combat such possible abuses, a general principle of Union law, Member States are required to ensure that companies do not use the cross- border conversion, merger or division procedure in order to create artificial arrangements aimed at obtaining undue tax, solely or partially, at obtaining tax or social security advantages or at unduly prejudicing the legal or contractual rights of employees, creditors or members. In so far as it constitutes a derogation from a fundamental freedom, tThe fight against abuses must be interpreted strictly and be based on an individual assessment of all relevant circumstances. A common procedural and substantive framework which describes the margin of discretion and allows for the diversity of approach by Member States whilst at the same time settingsets out the requirements to streamline the actions to be taken by national authorities to fight abuses in conformity with Union law should be laid down, whilst describing, where strictly necessary, the margin of discretion allowed for Member States.
Amendment 162 #
2018/0114(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) For the assessment of an artificial arrangement for tax purposes, competent authorities in the Member States shall take into account at least a number of factors laid down in Commission’s Recommendation of 6 December 2012 (2012/772/EU) on “aggressive tax planning”
Amendment 164 #
2018/0114(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Given the complexity of cross- border conversions and the multitude of the interests concerned, it is appropriate to provide for an ex-ante control in order to create legal certainty. To that effect, a structured and multi-layered procedure should be set out whereby the competent authorities of both the departure and the destination Member State ensure that a decision on the approval of a cross-border conversion is taken in a fair, objective and non-discriminatory manner on the basis of all relevant elements and by taking into account all legitimate public interests, in particular, the protection of employees, members and creditors. Member States should also perform an ex-post verification in cases where new information has become available only after the finalisation of the procedure to check the legitimate character of the conversion and take appropriate action in case of irregularities.
Amendment 166 #
2018/0114(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To allow all stakeholders' legitimate interests to be taken into account in the procedure governing a cross-border conversion, the company should disclose the draft terms of the cross-border conversion containing the most important information about the proposed cross- border conversion, including the envisaged new company form, the instrument of constitution and the proposed timetable for the conversion. Members, creditors and employees of the company carrying out the cross-border conversion should be notified and be given this information in due time in order that they can submit comments with regard to the proposed conversion.
Amendment 173 #
2018/0114(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to provide information to its employees, the company carrying out the cross-border conversion should prepare a report explaining the implications of the proposed cross-border conversion for employees. The report should explain in particular the implications of the proposed cross-border conversion on the safeguarding of the jobs of the employees, information on the procedures by which arrangements for the involvement of employees in the definition of their rights to participation in the converted company are determined and on the possible options for such arrangements, whether there would be any material change in the employment relationships and the locations of the companies’ places of business and how each of these factors would relate to any subsidiaries of the company. This requirement should not however apply where the only employees of the company are in its administrative organ. The provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of Directive 2002/14/EC of the European Parliament and of the Council43 or Directive 2009/38/EC of the European Parliament and of the Council44 . _________________ 43 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29). 44 Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast) (OJ L 122, 16.5.2009, p. 28).
Amendment 176 #
2018/0114(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to assess the accuracy of the information contained in the draft terms of conversion and in the reports addressed to the members and employees and to provide factual elements necessary to assess whether the proposed conversion constitutes an artificial arrangement, an independent expert report should be required to be prepared in order to assess the proposed cross-border conversion. In order to secure the independence of the expert, t, the competent authority, following an application by the company, should appoint two experts from a pre-selected list, that have no past or current link with the company concerned and are paid a pre-set fee by the company. The experts should be appointed by the competent authority,not work for the same firm and should together have expertise in the fields of company law, taxation and fiscal law, social security and workers’ rights. The independent experts should be appointed within one month following anthe application by the company and should deliver their report within two months after their appointment. In this context, the expert report should present all relevant information to enable the competent authority in the departure Member State to take an informed decision as to whether or not to issue the pre- conversion certificate. To this end, the experts should be able to obtain all the relevant company information and documents, meet with employees and employee representatives, and carry out all necessary investigations in order to gather all the evidence required. The experts should use information, in particular net turnover and profit or loss, number of employees and the composition of balance sheet collected by the company in view of the preparation of financial statements in accordance with Union law and the law of Member States. However, in order to protect any confidential information, including business secrets of the company, such information should not form part of the expert’s final report which itself would be publically available.
Amendment 179 #
2018/0114(COD)
Proposal for a directive
Recital 14
Recital 14
(14) With a view to avoiding disproportionate costs and burdens for smaller companies carrying out the cross- border conversion, Member States can set lower procedural and independent expert fees for micro and small enterprises, as defined in the Commission Recommendation 2003/361/EC45 , should be exempted from the requirement to produce an independent expert report. However, these companies can resort to an independent expert report to prevent litigation costs with creditors. _________________ 45 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 181 #
2018/0114(COD)
Proposal for a directive
Recital 15
Recital 15
(15) On the basis of the draft terms of conversion and the reports, the general meeting of the members of the company should decide on whether or not to approve those draft terms. It is important that the majority requirement for such a vote should be sufficiently high in order to ensure that the decision to convert is a collective one. In addition, members should also have the right to vote on any arrangements concerning employee participation, if they have reserved that right during the general meeting.
Amendment 186 #
2018/0114(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In order to ensure that employee participation is not unduly prejudiced as a result of the cross-border conversion, where the company carrying out the cross- border conversion is operating under an employee participation system in the departure Member State, the company should be obliged to take a legal form allowing for the exercise of such participation, including through the presence of representatives of the employees in the appropriate management or supervisory organ of the company in the destination Member State. Moreover, in such a case, a bona fide negotiation between the company and its employees should take place, along the lines of the procedure provided for in Directive 2001/86/EC, with a view to finding an amicable solution reconciling theto ensure the employees' rights of the company to carry out a cross-border conversion with the employees' rights of participationinformation, consultation and participation. The agreement should ensure that at least the same level of all elements of employee involvement as applicable in the company before the conversion, continues to apply. As a result of those negotiations, either a bespoke and agreed solution or, in the absence of an agreement, the application of standard rules as set out in the Annex to Directive 2001/86/EC should apply, mutatis mutandis. In order to protect either the agreed solution or the application of those standard rules, the company should not be able to remove the information, consultation and participation rights through carrying out subsequent domestic or cross-border conversion, merger or division within threen years.
Amendment 187 #
2018/0114(COD)
(20) In order to prevent the circumvention of employee participation rights by means of a cross-border conversion, the company carrying out a conversion which is registered in the Member State which provides for the employee participation rights, should not be able to perform a cross-border conversion without first entering into negotiations with its employees or their representatives when the average number of employees employed by that company is equivalent to four fifths of the national threshold for triggering such employee participation.
Amendment 190 #
2018/0114(COD)
Proposal for a directive
Recital 21
Recital 21
(21) To ensure a proper allocation of tasks among Member States and an efficient and effective ex-ante and ex-post control of cross-border conversions, both the departure and the destination Member States should designate the appropriate competent authorities. In particular, the competent authorities of the departure Member States should have the power to issue a pre-conversion certificate without which the competent authorities in the destination Member State should not be able to complete the cross-border conversion procedure. A list of national competent authorities in the Member States shall be prepared and publish by the Commission. Member States’ competent authorities are expected to collaborate together in cases of cross- border conversions.
Amendment 192 #
2018/0114(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The issue of the pre-conversion certificate by the departure Member State should be scrutinised to ensure the legality of the cross-border conversion of the company. The competent authority of the departure Member State should decide on the issue of the pre-conversion certificate within one month of the application by the companyreception of report by the independent experts, unless it has serious concerns as to the existence of an artificial arrangement aimed at obtaining undue tax advantages or unduly prejudicing the legal or contractual rights of employees, creditors or members. In such a case, the competent authority should carry out an in-depth assessment. However, this in- depth assessment should not be carried out systematically, but it should be conducted on a case-by-case basis, where there are serious concerns as to the existence of an artificial arrangement. For their assessment, competent authorities should take into account at least a number of factors laid down in this Directive which however should be only considered as indicative factors in the overall assessment and not be considered in isolation. In order not to burden companies with an overly lengthy procedure, this in-depth assessment should in any event be concluded within twofive months of informing the company that the in-depth assessment will be carried out.
Amendment 194 #
2018/0114(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The issue of the pre-conversion certificate by the departure Member State should be scrutinised to ensure the legality of the cross-border conversion of the company. The competent authority of the departure Member State should decide on the issue of the pre-conversion certificate within one month of the application by the companydate of receipt of the report by the independent expert, unless it has serious concerns as to the existence of an artificial arrangement aimed at obtaining undue tax advantages or unduly prejudicing the legal or contractual rights of employees, creditors or members. In such a case, the competent authority should carry out an in-depth assessment. However, this in-depth assessment should not be carried out systematically, but it should be conducted on a case-by-case basis, where there are serious concerns as to the existence of an artificial arrangement. For their assessment, competent authorities should take into account at least a number of factors laid down in this Directive which however should be only considered as indicative factors in the overall assessment and not be considered in isolation. In order not to burden companies with an overly lengthy procedure, this in-depth assessment should in any event be concluded within twofive months of informing the company that the in-depth assessment will be carried out.
Amendment 195 #
2018/0114(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The issue of the pre-conversion certificate by the departure Member State should be scrutinised to ensure the legality of the cross-border conversion of the company. The competent authority of the departure Member State should decide on the issue of the pre-conversion certificate within onetwo months of the application by the companydate of receiving the independent expert report, unless it has serious concerns as to the existence of an artificial arrangement aimed at obtaining undue tax advantages or unduly prejudicing the legal or contractual rights of employees, creditors or members. In such a case, the competent authority should carry out an in-depth assessment. However, this in-depth assessment should not be carried out systematically, but it should be conducted on a case-by-case basis, where there are serious concerns as to the existence of an artificial arrangement. For their assessment, competent authorities should take into account at least a number of factors laid down in this Directive which however should be only considered as indicative factors in the overall assessment and not be considered in isolation. In order not to burden companies with an overly lengthy procedure, this in-depth assessment should in any event be concluded within twofive months of informing the company that the in-depth assessment will be carried out.
Amendment 197 #
2018/0114(COD)
Proposal for a directive
Recital 23
Recital 23
(23) After having received a pre- conversion certificate and the full report of the independent experts, and after verifying that the incorporation requirements in the destination Member State are fulfilled, the competent authorities of the destination Member State should register the company in the business register of that Member State. Only after this registration should the competent authority of the departure Member State strike the company off its own register. It should not be possible for the competent authority of the destination Member State to challenge the accuracy of the information provided by the pre- conversion certificate within a month after receiving the certificate, based on information that was not included in the report. The destination Member State should communicate this information to the departure Member State, after which it can decide to withdraw the certificate or to maintain it. If the departure Member State decides to maintain the certificate, the destination Member State should respect that decision. This is without prejudice to the possibility to take actions against the company when new elements have emerged that indicate the existence of an artificial arrangement, after the conclusion of the conversion. As a consequence of the cross-border conversion, the converted company should retain its legal personality, its assets and liabilities and all rights and obligations, including rights and obligations arising from contracts, acts or omissions.
Amendment 202 #
2018/0114(COD)
Proposal for a directive
Recital 26
Recital 26
(26) The evaluation of the implementation of the cross-border merger rules in Member States has shown that the number of cross-border mergers in the Union has significantly increased. However, this evaluation has also revealed certain shortcomings in relation specifically to creditor protectionemployee, creditor and shareholder protection as well as to the lack of simplified procedures which impede the full effectiveness and efficiency of those cross-border merger rules.
Amendment 203 #
2018/0114(COD)
Proposal for a directive
Recital 28
Recital 28
(28) In order to further enhance the existing cross-border merger procedure, it is necessary to simplify those merger rules, where appropriate, whilst at the same time ensuring that stakeholders, and in particular employees, are adequately protected. Therefore, the existing cross- border merger rules should be modified in order to obaligen the management or administrative organs of the merging companies to prepare separate reports detailing the legal and economic aspects of the cross-border merger for both members and for employees. The obligation onrules for cross-border mergers with those on cross-border conversions and divisions, and to oblige the management or administrative organs of the merging companyies to prepare separathe report for the members may however be waived, where those members are already informed abouts detailing the legal and economic aspects of the pcroposed merger. However, the report prepared for employees may only be waived where the merging companies and their subsidiaries do not havess-border merger for members, creditors anyd employees other than those who form part of the management or administrative organ.
Amendment 208 #
2018/0114(COD)
Proposal for a directive
Recital 31
Recital 31
(31) The lack of harmonisation of safeguards for employees, members or creditors has been identified an obstacle for cross-border mergers by different stakeholders. MEmployees, members and creditors should be offered at least the same level of protection regardless of the Member States in which the merging companies are situated. This is without prejudice to the Member States’ rules on protecting employees, creditors or shareholders which are outside the scope of the harmonised measures, such as transparency requirements.
Amendment 211 #
2018/0114(COD)
Proposal for a directive
Recital 35 a (new)
Recital 35 a (new)
(35a) In order to assess the accuracy of the information contained in the draft terms of merger and in the reports addressed to the members and employees and to provide factual elements necessary to assess whether the proposed merger constitutes an artificial arrangement, an independent expert report should be required to be prepared in order to assess the proposed cross-border merger. In order to secure the independence, the competent authority, following an application by the company, should appoint two experts from a pre-selected list, that have no past or current link with the company concerned and are paid a pre-set fee by the company. The experts should not work for the same firm and should together have expertise in the fields of company law, taxation and fiscal law, social security and workers’ rights. The independent experts should be appointed within one month following the application by the company and should deliver their report within two months after their appointment. In this context, the expert report should present all relevant information to enable the competent authority in the departure Member State to take an informed decision as to whether or not to issue the pre-merger certificate. To this end, the experts should be able to obtain all the relevant company information and documents, meet with employees and employee representatives, and carry out all necessary investigations in order to gather all the evidence required. The experts should use information, in particular net turnover and profit or loss, number of employees and the composition of balance sheet collected by the company in view of the preparation of financial statements in accordance with Union law and the law of Member States.
Amendment 212 #
2018/0114(COD)
Proposal for a directive
Recital 35 b (new)
Recital 35 b (new)
(35b) A list of national competent authorities in the Member States shall be prepared and publish by the Commission. Member States’ competent authorities are expected to collaborate together in cases of cross-border mergers.
Amendment 214 #
2018/0114(COD)
Proposal for a directive
Recital 40
Recital 40
(40) The right of companies to carry out a cross-border division may in certain circumstances be used for abusive purposes such as for the circumvention of labour standards, social security payments, tax obligations, creditors' or members' rights or rules on employees participation. In order to combat such abuses, as a general principle of Union law, Member States are required to ensure that companies do not use the cross-border division procedure in order to create artificial arrangements aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees, creditors or members. In so far as it constitutes a derogation from a fundamental freedom, the fight against abuses must be interpreted strictly and. The fight against abuses must be based on an individual assessment of all relevant circumstances. A common procedural and substantive framework which describes the margin of discretion and allows for the diversity of approaches by Member States whilst at the same time settingsets out the requirements to streamline the actions to be taken by national authorities to fight abuses in conformity with Union law should be laid down, whilst describing, where strictly necessary, the margin of discretion allowed for Member States.
Amendment 221 #
2018/0114(COD)
Proposal for a directive
Recital 44
Recital 44
(44) In order to provide information to its employees, the company being divided should prepare a report explaining the implications of the proposed cross-border division for employees. The report should explain in particular the implications of the proposed cross-border division on the safeguarding of the jobs of the employees, information on the procedures by which arrangements for the involvement of employees in the definition of their rights to participation in the converted company are determined and on the possible options for such arrangements, whether there would be any material change in the conditions of employment and the locations of the companies’ places of business, and how each of these factors would relate to any subsidiaries of the company. The provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of Directives 2001/23/EC, 2002/14/EC or 2009/38/EC.
Amendment 226 #
2018/0114(COD)
Proposal for a directive
Recital 45
Recital 45
(45) In order to ensureassess the accuracy of the information contained in the draft terms of division and in the reports addressed to the members and employees and to provide factual elements necessary to assess whether the proposed division constitutes an artificial arrangement which could not be authorised, an independent expert report to assess the division plan should be required to be prepared. In order to secure the independence of the expert, t in order to assess the proposed cross-border division. In order to secure the independence, the competent authority, following an application by the company, should appoint wo experts from a pre- selected list, that have no past or current link with the company concerned and are paid a pre-set fee by the company. The experts should be appointed by the competent authority,not work for the same firm and should together have expertise in the fields of company law, taxation and fiscal law, social security and workers’ rights. The independent experts should be appointed within one month following anthe application by the company and should deliver their report within two months after their appointment. In this context, the expert report should present all relevant information to enable the competent authority ofin the departure Member State of the company being divided to take an informed decision as to whether or not to issue the pre-division certificate. To this end, the experts should be able to obtain all the relevant company information and documents, meet with employees and employee representatives, and carry out all necessary investigations in order to gather all the evidence required. The experts should use information, in particular net turnover and profit or loss, number of employees and the composition of balance sheet collected by the company in view of the preparation of financial statements in accordance with Union law and the law of Member States. However, in order to protect any confidential information, including business secrets of the company, such information should not form part of the expert’s final report which itself would be publically available.
Amendment 232 #
2018/0114(COD)
Proposal for a directive
Recital 51
Recital 51
(51) To ensure the proper allocation of tasks among Member States and an efficient and effective ex-ante and ex-post control of cross-border divisions, the competent authority of the Member State of the company being divided should have the power to issue a pre-division certificate without which the authorities of the Member States of the recipient companies should not be able to complete the cross- border-division procedure. A list of national competent authorities in the Member States shall be prepared and publish by the Commission. Member States’ competent authorities are expected to collaborate together in cases of cross- border divisions.
Amendment 233 #
2018/0114(COD)
Proposal for a directive
Recital 52
Recital 52
(52) The issue of the pre-division certificate by the Member State of the company being divided should be scrutinised to ensure the legality of the cross-border division. The competent authority should decide whether to issue a pre-division certificate within one month of the application by the company has been submitteddate of receipt of the report by the independent expert, unless it has serious concerns as to the existence of an artificial arrangement aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees, creditors or members. In such a case, the competent authority should carry out an in-depth assessment. However, this in-depth assessment should not be carried out systematically but it should be conducted on a case-by-case basis where there are serious concerns as to the existence of an artificial arrangement. For their assessment, competent authorities should take into account at least a number of factors laid down in this Directive which however should be only considered as indicative factors in the overall assessment and not be considered in isolation. In order not to burden companies with an overly lengthy procedure, this in-depth assessment should in any event be concluded within twofive months informing the company that the in-depth assessment will be carried out.
Amendment 234 #
2018/0114(COD)
Proposal for a directive
Recital 52
Recital 52
(52) The issue of the pre-division certificate by the Member State of the company being divided should be scrutinised to ensure the legality of the cross-border division. The competent authority should decide whether to issue a pre-division certificate within one month of the application by the company has been submitteddate of receipt of the report by the independent expert, unless it has serious concerns as to the existence of an artificial arrangement aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees, creditors or members. In such a case, the competent authority should carry out an in- depth assessment. However, this in-depth assessment should not be carried out systematically but it should be conducted on a case-by-case basis where there are serious concerns as to the existence of an artificial arrangement. For their assessment, competent authorities should take into account at least a number of factors laid down in this Directive which however should be only considered as indicative factors in the overall assessment and not be considered in isolation. In order not to burden companies with an overly lengthy procedure, this in-depth assessment should in any event be concluded within twofive months informing the company that the in-depth assessment will be carried out.
Amendment 236 #
2018/0114(COD)
Proposal for a directive
Recital 52
Recital 52
(52) The issue of the pre-division certificate by the Member State of the company being divided should be scrutinised to ensure the legality of the cross-border division. The competent authority should decide whether to issue a pre-division certificate within one month of the application by the company has been submittedreceipt of the report of the independent expert, unless it has serious concerns as to the existence of an artificial arrangement aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees, creditors or members. In such a case, the competent authority should carry out an in- depth assessment. However, this in-depth assessment should not be carried out systematically but it should be conducted on a case-by-case basis where there are serious concerns as to the existence of an artificial arrangement. For their assessment, competent authorities should take into account at least a number of factors laid down in this Directive which however should be only considered as indicative factors in the overall assessment and not be considered in isolation. In order not to burden companies with an overly lengthy procedure, this in-depth assessment should in any event be concluded within twofive months informing the company that the in-depth assessment will be carried out.
Amendment 237 #
2018/0114(COD)
Proposal for a directive
Recital 55
Recital 55
(55) In order to ensure that employee participation is not unduly prejudiced as a result of the cross-border division where the company carrying out the cross-border division is operating under an employee participation system, the companies resulting from the division should be obliged to take a legal form allowing for the exercise of participation, including through the presence of representatives of the employees in the appropriate management or supervisory organs of the companies. Moreover, in such a case, a bona fide negotiation between the company and its employees should take place, along the lines of the procedure provided for in Directive 2001/86/EC, with a view to finding an amicable solution reconciling the right of the company to carry out a cross-border division with the employees'' rights of participationinformation, consultation and participation. The agreement should ensure that at least the same level of all elements of employee involvement as applicable in the company before the conversion, continues to apply. As a result of those negotiations, either a bespoke and agreed solution or, in the absence of an agreement, the application of standard rules as set out in the Annex to Directive 2001/86/EC should apply mutatis mutandis. In order to protect either the agreed solution or the application of those standard rules, the company should not be able to remove the information, consultation and participation rights through carrying out subsequent domestic or cross-border conversions, mergers or divisions within 310 years.
Amendment 238 #
2018/0114(COD)
Proposal for a directive
Recital 56
Recital 56
(56) In order to prevent the circumvention of the employee participation rights by means of a cross- border division, the company carrying out a division which is registered in the Member State which provides for the employee participation rights, should not be able to perform a cross-border division without first entering into negotiations with its employees or their representatives when the average number of employees employed by that company is equivalent to four fifths of the national threshold for triggering such employee participation.
Amendment 239 #
2018/0114(COD)
Proposal for a directive
Recital 58
Recital 58
(58) The provisions of this Directive do not affect the legal or administrative provisions, including the enforcement of tax rules in cross-border conversions, mergers and divisions, of national law relating to the taxes of Member States, or its territorial and administrative subdivisions. Departure Member States shall for example have the right to impose taxes on hidden reserves of departing companies that have not yet been subject to taxation in the departing member state, in accordance with the case law of the European Court of Justice.
Amendment 240 #
2018/0114(COD)
Proposal for a directive
Recital 58 a (new)
Recital 58 a (new)
(58a) Companies willing to make full use of the benefits of the internal market through cross-border conversions, mergers or divisions shall submit in return to an adequate level of transparency and good corporate governance. Public Country by Country Reporting is an efficient and appropriate tool to increase transparency of multinational enterprises activities and to enable the public to assess their impact on the real economy. It will also improve shareholders ability to properly evaluate the risks taken by companies, lead to investment strategies based on accurate information and enhance decision-makers possibility to assess the efficiency and the impact of national legislations. Therefore, a set of financial information shall be published ahead of the cross-border operation ahead of its execution.
Amendment 242 #
2018/0114(COD)
Proposal for a directive
Recital 63
Recital 63
(63) The Commission should carry out an evaluation of this Directive. Pursuant to paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 201652 that evaluation should be based on the five criteria of efficiency, effectiveness, relevance, coherence and value added and should provide the basis for impact assessments of possible further measures. _________________ 52This evaluation should pay particular attention to the impact of this Directive in detecting and preventing cases of cross- border conversions, mergers or divisions representing artificial arrangements. _________________ 52 OJ L123, 12.5. 2016, p. 1. OJ L123, 12.5. 2016, p. 1.
Amendment 257 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 b – paragraph 6 a (new)
Article 86 b – paragraph 6 a (new)
(6a) "information" means the transmission by the employer to the employees and/or employees' representatives at the relevant level, of data which concern the company itself and any of its subsidiaries or establishments situated in another Member State, in order to enable them to acquaint themselves with the subject matter and to examine it. This shall take place at a time, in a manner and with a content which allows the employees and representatives to undertake an in-depth assessment of the possible impact and, where appropriate, prepare consultations with the competent organ of the company;
Amendment 259 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 b – paragraph 6 a (new)
Article 86 b – paragraph 6 a (new)
(6a) "participation" means the influence of the employees and/or the employees' representatives in the affairs of a company by way of the right to elect or appoint some of the members of the company's supervisory or administrative organ;
Amendment 260 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 b – paragraph 6 b (new)
Article 86 b – paragraph 6 b (new)
(6b) "consultation" means the exchange of views and establishment of dialogue between the employees and/or the employees' representatives and the employer, with the employee’s opinion being taken into account in the decision- making process within the company. This shall take place at a time, in a manner and with a content which allows the employees and representatives ,on the basis of information provided, to express an opinion on the measures envisaged. It shall allow to meet with the Executive management and obtain a reasoned and exhaustive response before the final decision is adopted;
Amendment 261 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 b – paragraph 6 d (new)
Article 86 b – paragraph 6 d (new)
(6d) "artificial arrangement" means any structure, transaction, scheme, action, operation or agreement or a series of these put in place to avoid or circumvent companies’ obligations, where the company has an intention to avoid or circumvent these obligations or where the action is considered to lack genuine economic substance, regardless of the intentions of the company. This includes, but is not limited to, obligations related to legal or contractual rights of employees, creditors or members, employees’ participation or obligations related to taxation or social security;
Amendment 262 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 b – paragraph 6 e (new)
Article 86 b – paragraph 6 e (new)
(6e) "economic substance" means factual criteria, which can be used to define the taxable presence of an undertaking, such as the existence of human and physical resources specific to the entity, its management autonomy, its legal reality, the revenues it generates and, where appropriate, the nature of its assets;
Amendment 263 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 b – paragraph 6 f (new)
Article 86 b – paragraph 6 f (new)
(6f) "head office" means the place where key management, and commercial decisions are made that are necessary for the conduct of the entity’s business as a whole;
Amendment 273 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c – paragraph 2 – point e a (new)
Article 86 c – paragraph 2 – point e a (new)
(ea) the company is under investigation, is being prosecuted or has been convicted in the last 3 years for infringements of employment legislation or workers’ rights, social or tax fraud, tax evasion, tax avoidance or money laundering or any other financial crime;
Amendment 275 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c – paragraph 2 – point e b (new)
Article 86 c – paragraph 2 – point e b (new)
(eb) the company has a backlog in tax or social security payments;
Amendment 276 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c – paragraph 2 – point e c (new)
Article 86 c – paragraph 2 – point e c (new)
(ec) the company is under investigation, is being prosecuted or has been convicted in the last 3 years for causing environmental damage;
Amendment 277 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c – paragraph 2 – point e d (new)
Article 86 c – paragraph 2 – point e d (new)
(ed) the company is under investigation, is being prosecuted or has been convicted in the last 3 years for violations of fundamental or human rights;
Amendment 284 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c – paragraph 3
Article 86 c – paragraph 3
3. Member States shall ensure that the competent authority of the departure Member State shall not authorise the cross- border conversion where it determines, after an examination of the specific case and having regard to all relevant facts and circumstances, that it constitutes an artificial arrangement aimed at obtaining undue tax advantages or at unduly prejudor has a strong suspiciong the legal or contractual rights of employees, creditors or minority membersat it constitutes such an arrangement.
Amendment 286 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c – paragraph 3 a (new)
Article 86 c – paragraph 3 a (new)
3a. The company carrying out the cross-border conversion shall provide substantive information to demonstrate it has an actual establishment and pursues genuine and substantial economic activity in the destination Member State. To this end, at least the following conditions have to be met: (a) The EBIDTA generated by the operations of the Company in the destination member State in the last two fiscal years corresponds at least to 25%EBITDA generated by the Company in the European Union; (b) The company shall have a fixed establishment performing substantial business activities with material premises, a relevant number of workers employed on permanent basis, and a management body that is materially equipped to negotiate business with third parties. In any case, the head office of the converted Company shall be relocated to the destination Member state within 5 months from the date on which the cross- border conversion takes effect, according to article86r
Amendment 288 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
4a. This Directive is without prejudice to the enforcement of tax rules in national law, including the possibility for the departure Member States to impose a tax on hidden reserves of the converting company before the conversion takes effect, in accordance with the jurisprudence of the European Court of Justice.
Amendment 289 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c – paragraph 4 b (new)
Article 86 c – paragraph 4 b (new)
4b. Departure Member States may tax unrealised capital gains at the time of the cross-border conversion of a company. The company may then choose between immediate payment of the amount of tax and a deferred payment of the amount of tax, together with interest in accordance with the applicable national legislation. If the company opts for the latter, the departure Member State may request the provision of a bank guarantee.
Amendment 297 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1 – point d a (new)
Article 86 d – paragraph 1 – point d a (new)
(da) detailed information on the transfer of the head office;
Amendment 298 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1 – point d b (new)
Article 86 d – paragraph 1 – point d b (new)
(db) The reasons for the conversion;
Amendment 303 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1 – point j
Article 86 d – paragraph 1 – point j
(j) the likely repercussions of the cross-border conversion on employment, , wage development and company level social dialogue including board level representation of employee representatives
Amendment 305 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1 – point k a (new)
Article 86 d – paragraph 1 – point k a (new)
(ka) the name of the ultimate undertaking and, where applicable, the list of all its subsidiaries, a brief description of the nature of their activities and their respective geographic allocation;
Amendment 306 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1 – point k b (new)
Article 86 d – paragraph 1 – point k b (new)
(kb) the number of employees on a full- time equivalent basis;
Amendment 307 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1 – point k c (new)
Article 86 d – paragraph 1 – point k c (new)
(kc) fixed assets other than cash or cash equivalents; the amount of the net turnover, including a distinction between the turnover made with related parties and the turnover made with unrelated parties;
Amendment 308 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 – paragraph 1 – point k d (new)
Article 86 – paragraph 1 – point k d (new)
(kd) the amount of profit or loss before income tax;
Amendment 309 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1 – point k e (new)
Article 86 d – paragraph 1 – point k e (new)
(ke) the amount of income tax accrued (current year)which is the current tax expense recognised on taxable profits or losses of the financial year by undertakings and branches resident for tax purposes in the relevant tax jurisdiction;
Amendment 310 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1 – point k f (new)
Article 86 d – paragraph 1 – point k f (new)
(kf) the amount of income tax paid which is the amount of income tax paid during the relevant financial year by undertakings and branches resident for tax purposes in the relevant tax jurisdiction;
Amendment 311 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 – paragraph 1 – point k g (new)
Article 86 – paragraph 1 – point k g (new)
(kg) the amount of accumulated earnings and stated capital;
Amendment 312 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1 – point k h (new)
Article 86 d – paragraph 1 – point k h (new)
(kh) details of public subsidies received and any donations made to politicians, political organisations or political foundations;
Amendment 313 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1 – point k i (new)
Article 86 d – paragraph 1 – point k i (new)
(ki) whether undertakings, subsidiaries or branches benefit from preferential tax treatment, from a patent box or equivalent regimes;
Amendment 314 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 Directive (EU) 2017/1132
Article 1 – paragraph 1 – point 3 Directive (EU) 2017/1132
2. In addition to the official languages of the departure and destination Member States, Member States shall allow the company carrying out the cross-border conversion to use a language customary in the sphere of international business and finance in order to draw up the draft terms of a cross-border conversion and all other related documents. Member States shall specify which language will prevail in the case of discrepancies identified between the different linguistic versions of those documents. Members, employees or creditors shall have the possibility to comment on these draft terms. The comments shall be included in the final report and be made public.
Amendment 338 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 3
Article 86 e – paragraph 3
3. The report referred to in paragraph 1 of this Article, shall be made available, at least electronically, to the members not less than two months before the date of the general meeting referred to in Article 86i. That report shall also be made similarly available to the representatives of the employees of the company carrying out the cross-border conversion or, where there are no such representatives, to the employees themselves, and to the European Works Council, where applicable.
Amendment 373 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point c
Article 86 f – paragraph 2 – point c
(c) any material changes in the conditions of employment, including the conditions laid down in law and collective agreements, and in the location of the company’s places of business;
Amendment 377 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point d
Article 86 f – paragraph 2 – point d
(d) whether the factors set out in points (a), (b) and (c) also relate to any subsidiaries, branches or controlled undertakings according to art 3 of Directive 2009/38/EC of the company.
Amendment 380 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point d a (new)
Article 86 f – paragraph 2 – point d a (new)
(da) where appropriate, information on the procedures by which arrangements for the involvement of employees in the definition of their rights to participation in the converted company are determined pursuant to Article 86l and on the possible options for such arrangements;
Amendment 382 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point d b (new)
Article 86 f – paragraph 2 – point d b (new)
(db) the implications of the cross- border conversion on the future business of the company and on the management's strategic plan;
Amendment 384 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point d c (new)
Article 86 f – paragraph 2 – point d c (new)
(dc) the implications of the cross- border conversion for members;
Amendment 386 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point d d (new)
Article 86 f – paragraph 2 – point d d (new)
(dd) the rights and remedies available to members opposing the conversion in accordance with Article 86j
Amendment 391 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 3
Article 86 f – paragraph 3
3. The report referred to in paragraph 1 of this Article, shall be made available, at least electronically, to the representatives of the employees of the company carrying out the cross-border conversion or, where there are no such representatives, to the employees themselves and to the European Works Council, where applicable, not less than two months before the date of the general meeting referred to in Article 86i. That report shall also be made similarly available to the members of the company carrying out the cross-border conversion.
Amendment 394 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 3 a (new)
Article 86 f – paragraph 3 a (new)
3a. The European Works Councils, where applicable, the national employee representation bodies and the trade unions represented in the company shall have appropriate resources to conduct a thorough analysis on the report.
Amendment 400 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 4 a (new)
Article 86 f – paragraph 4 a (new)
4a. The Executive management or the administrative organ of the company which intends to carry out the cross- border conversion, shall provide a motivated and written response to the employee opinion before the date of the general meeting referred to in Article 86i.
Amendment 402 #
2018/0114(COD)
Amendment 412 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Article 86g Examination by an independent experts
Amendment 415 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 1
Article 86 g – paragraph 1
Member States shall ensure that the company carrying out the cross-border conversion applies not less than two months before the date of the general meeting referred to in Article 86i to the competent authority designated in accordance with Article 86m(1), to appoint antwo experts to examine and assess the draft terms of the cross-border conversion and the reports referred to in Articles 86e and 86f, subject to the proviso set out in paragraph 6 of this Article.
Amendment 425 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 2
Article 86 g – paragraph 2
2. The competent authority shall appoint antwo independent experts within five working daysone month from the application referred to in paragraph 1 and the receipt of the draft terms and reports. The experts shall be independent from the company carrying out the cross-border conversion and may be a naturappointed on the basis of a pre-selected list that was specifically established for the purpose of assessing cross-border conversions. The list shall include natural persons on the basis of their personal expertise. The fields of expertise to be reflected in the list should include at least company law, taxation and fiscal law, social security and workers’ rights. Together, the two independent experts shall cover all of the fields of expertise mentioned in this paragraph. An expert may operate on their own behalf or on behalf of a legal person depending upon the law of. Member States shall define fixed rates for the fees paid to the indeparture Member Stateendent experts, which shall be paid by the company applying for the conversion. The experts shall be independent from the company carrying out the cross-border conversion . Member States shall take into account, in assessing the independence of the experts, the framework established in Articles 22 andto 22b of Directive 2006/43/EC. In addition: (a) the experts or the legal person on whose behalf he or she is operating, shall not have performed work, in whatever capacity, for the company applying for the conversion in the five years prior to his or her appointment or vice versa; and (b) the two experts appointed shall not operate on behalf of the same legal person.
Amendment 433 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 3
Article 86 g – paragraph 3
3. The two experts shall draw up a written report within two months after their appointment, providing at least:
Amendment 440 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 3 – point b
Article 86 g – paragraph 3 – point b
(b) a description of all factual elements necessary for the competent authority, designated in accordance with Article 86m(1), to carry out an in-depth assessment to determine whether the intended cross-border conversion constitutes an artificial arrangement in accordance with Article 86n, including at a minimum the following: (i) the characteristics of the establishment in the destination Member State, including the intent, the sector, the investment, the net turnover and profit or loss, (ii) the number of employees, the composition of the balance sheet, working in the country of destination, the number of employees working in another country grouped according to the country of work, the number of employees posted or sent in the year prior to the conversion within the meanings of Regulation (EC) No 883/2004 and Directive96/71/EC, the number of employees working simultaneously in more than one Member State within the meaning of Regulation (EC) No 883/2004, (iii) the tax residence, (iv) the assets and their location, (v) the habitual place of work of the employees and of specific groups of employees, (vi) the places where social contributions are due and; (vii) the commercial risks assumed by the converted company in the destination Member State and the departure Member State (viii) the composition of the balance sheet and of the financial statement in the destination member state and in all Member States in which the company operates in the last two fiscal years.
Amendment 444 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 3 a (new)
Article 86 g – paragraph 3 a (new)
3a. Whenever relevant, the independent experts shall ask questions to and receive information from the competent authority of the destination Member State. The competent authority shall ensure communication between the independent expert and other authorities in that Member State responsible for any of the areas touched upon by this Directive.
Amendment 449 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 5
Article 86 g – paragraph 5
5. Member States shall ensure that information submitted to the independent expert can only be used for the purpose of drafting their report and that confidential information, including business secrets, shall not be disclosed. Where appropriate, the expert may submit a separate document containing any such confidential information to the competent authority, designated in accordance with Article 86m(1) and that separate document shall only be made available to the company carrying out the cross- border conversion and not be disclosed to any other party.
Amendment 453 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 6
Article 86 g – paragraph 6
6. Member States shall exemptmay apply lower independent expert fees for 'micro' and 'small enterprises' as defined in Commission Recommendation 2003/361/EC (**) from the provisions of this Article.
Amendment 465 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 Directive (EU) 2017/1132
Article 1 – paragraph 1 – point 3 Directive (EU) 2017/1132
1. After taking note of the reports referred to in Articles 86e, 86f and 86g, where applicable, the general meeting of the company carrying out the conversion shall decide, by means of a resolution, whether to approve the draft terms of the cross-border conversion. Prior to taking a decision, all applicable information and consultation rights have to be met in a way and at such a time that an opinion by the employees can be taken into consideration. The company shall inform the competent authority designated in accordance with Article 86m(1) of the decision of the general meeting.
Amendment 490 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l – paragraph 3
Article 86 l – paragraph 3
3. In the cases referred to in paragraph 2 of this Article, theThe information, consultation and participation of employees in the converted company and their involvement in the definition of such rights shall be the object of an agreement between the employees and the management and shall be regulated by the Member States, mutatis mutandis and subject to paragraphs 4 to 7 of this Article, in accordance with the principles and procedures laid down in Article 12(2), (3) and (4) of Regulation (EC) No 2157/2001 and the following provisions of Directive 2001/86/EC:
Amendment 491 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l – paragraph 3 – point b
Article 86 l – paragraph 3 – point b
(b) Article 4(1), Article 4(2)(a), (b), (c) (g) and (h), Article 4(3) and Article 4(4);
Amendment 494 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l – paragraph 3 – point e
Article 86 l – paragraph 3 – point e
(e) the first subparagraph of Article 7(1);
Amendment 496 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l – paragraph 3 – point g
Article 86 l – paragraph 3 – point g
(g) the Annex, with the exclusion of points (a) en (b) of Part 3 of the Annex, instead of which the following will apply as a minimum: The employees of the Company, its subsidiaries and establishments and/or the representative body shall have the right to elect and appoint a number of members of the administrative or supervisory body of the converted company equal to two representatives in companies up from 50 employees, one third in companies having from 250 employees to 1000 employees and parity in companies with more than 1000 employees.
Amendment 497 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l – paragraph 3 a (new)
Article 86 l – paragraph 3 a (new)
3a. The agreement reached shall provide for at least the same level of employee participation as operated in the company prior to the conversion as well as at least the level that would apply following the rules in force concerning employee participation, if any, in the destination Member State. This level shall be measured by reference to the proportion of employee representatives amongst the members of the administrative or supervisory organ or their committees or of the management group which covers the profit units of the company, subject to employee representation.
Amendment 501 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l – paragraph 4 – point a
Article 86 l – paragraph 4 – point a
Amendment 503 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l – paragraph 4 – point b
Article 86 l – paragraph 4 – point b
Amendment 505 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 Directive (EU) 2017/1132
Article 1 – paragraph 1 – point 3 Directive (EU) 2017/1132
(c) shall ensure that the rules on employee participation that applied prior to the cross-border conversion continue to apply until the date of application of any subsequently agreed rules or in the absence of agreed rules until the application of default rules in accordance with point (ag) of Part 3 of the Annexagraph 3.
Amendment 507 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 Directive (EU) 2017/1132
Article 1 – paragraph 1 – point 3 Directive (EU) 2017/1132
Amendment 509 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l – paragraph 7
Article 86 l – paragraph 7
7. Where the converted company is operating under an employee participation system, that company shall be obliged to take measures to ensure that employees' participation rights are protected in the event of any subsequent cross-border or domestic merger, division or conversion for a period of threen years after the cross- border conversion has taken effect, by applying mutatis mutandis the rules laid down in paragraphs 1 to 6.
Amendment 511 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 m – paragraph 1
Article 86 m – paragraph 1
1. Member States shall designate the authority competent to scrutinise the legality of the cross-border conversion as regards that part of the procedure which is governed by the law of the departure Member State and to issue a pre- conversion certificate attesting compliance with all the relevant conditions and the proper completion of all procedures and formalities in the departure Member State. The competent authority shall set up appropriate coordination mechanisms with other authorities and bodies in that Member State working in the policy fields covered by this Directive.
Amendment 514 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 m – paragraph 2 – point b
Article 86 m – paragraph 2 – point b
(b) the reports referred to in Articles 86e, 86f and 86g, as appropriate, and including the employees’ opinion and response of the management referred to in article 86f paragraphs 4 and 4a;
Amendment 522 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 m – paragraph 7 – introductory part
Article 86 m – paragraph 7 – introductory part
7. Member States shall ensure that the assessment by the competent authority is carried out within one month of the date of receipt of the information concerning the approval of the conversion by the general meeting of the companyreport by the independent expert. It shall have one of the following outcomes:
Amendment 528 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 n – paragraph 1 – subparagraph 1
Article 86 n – paragraph 1 – subparagraph 1
Member States shall ensure in order to assess whether the cross-border conversion constitutes an artificial arrangement within the meaning of Article 86c(3), that the competent authority of the departure Member State carries out an in-depth assessment of all relevant facts and circumstances and shall take into account at a minimum the following: (i) the characteristics of the establishment in the destination Member State, including the intent, the sector, the investment, the net turnover and profit or loss, (ii) the number of employees, working in the country of destination, the number of employees working in another country grouped according to the country of work, the number of employees posted in the year prior to the conversion within the meanings of Regulation (EC) No 883/2004and Directive 96/71/EC, the number of employees working simultaneously in more than one Member State within the meaning of Regulation (EC) No 883/2004,the composition of the balance sheet, (iii) the tax residence, (iv) the assets and their location, (v) the habitual place of work of the employees and of specific groups of employees, (vi) the places where social contributions are due, (vii) and the commercial risks assumed by the converted company in the destination Member State and the departure Member State. , and (viii) the composition of the balance sheet and of the financial statement in the destination member state and in all member States in which the company operates in the last two fiscal years.
Amendment 535 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 n – paragraph 1 a (new)
Article 86 n – paragraph 1 a (new)
Where relevant, the competent authority shall ask questions to and receive information from the competent authority of the destination Member State. The competent authority shall ensure communication between the independent expert and other authorities in that Member State responsible for any of the areas touched upon by this Directive.
Amendment 536 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 n – paragraph 2
Article 86 n – paragraph 2
2. Member States shall ensure that where the competent authority referred to in paragraph 1 decides to carry out an in- depth assessment, it is able to hear the company and all parties that have submitted observations pursuant Article 86h(1)(c) in accordance with national law. The competent authorities referred to in paragraph 1 may also hear any other interested third parties in accordance with national law. The competent authority shall take its final decision regarding the issue of the pre-conversion certificate within two five months from the start of the in-depth assessment.
Amendment 538 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 p – paragraph 1
Article 86 p – paragraph 1
Member States shall designate an authority competent to scrutinise the legality of the cross-border conversion as regards that part of the procedure which is governed by the law of the destination Member State and to approve the cross-border conversion where the conversion complies with all the relevant conditions and the proper completion of all procedures and formalities in the destination Member State. The competent authority shall set up appropriate coordination mechanisms with other authorities and bodies in that Member State working in the policy fields covered by this Directive.
Amendment 550 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 u
Article 86 u
However, if during the year following the date on which the cross-border conversion takes effect, new information on this cross-border conversion are brought to the attention of the competent authorities alleging of genuine suspicion of fraud, the competent authorities shall proceed to a revised assessment of the facts of the case and can take effective, proportionate and dissuasive sanctions, including financial penalties, in cases of artificial arrangements.
Amendment 552 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive (EU) 2017/1132
Article 119 – paragraph 2 a (new)
Article 119 – paragraph 2 a (new)
(4a) In article 119, the new paragraph is inserted: "information" means the transmission by the employer to the employees and/or employees' representatives at the relevant level, of data which concern the company itself and any of its subsidiaries or establishments situated in another Member State, in order to enable them to acquaint themselves with the subject matter and to examine it. This shall take place at a time, in a manner and with a content which allows the employees and representatives to undertake an in-depth assessment of the possible impact and, where appropriate, prepare consultations with the competent organ of the company;
Amendment 553 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 b (new)
Article 1 – paragraph 1 – point 4 b (new)
Directive (EU) 2017/1132
Article 119 – paragraph 2 b (new)
Article 119 – paragraph 2 b (new)
Amendment 554 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 c (new)
Article 1 – paragraph 1 – point 4 c (new)
Directive (EU) 2017/1132
Article 119 – paragraph 2 c (new)
Article 119 – paragraph 2 c (new)
(4c) In article 119, the new paragraph is inserted: "participation” means the influence of the employees and/or the employees' representatives in the affairs of a company by way of the right to elect or appoint some of the members of the company's supervisory or administrative organ
Amendment 555 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 d (new)
Article 1 – paragraph 1 – point 4 d (new)
Directive (EU) 2017/1132
Article 119 – paragraph 2 d (new)
Article 119 – paragraph 2 d (new)
(4d) In article 119, the new paragraph is inserted: “artificial arrangement” means any structure, transaction, scheme, action, operation or agreement or a series of these put in place to avoid or circumvent companies’ obligations, where the company has an intention to avoid or circumvent these obligations or where the action is considered to lack genuine economic substance, regardless of the intentions of the company. This includes, but is not limited to, obligations related to legal or contractual rights of employees, creditors or members, employees’ participation or obligations related to taxation or social security;
Amendment 556 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 e (new)
Article 1 – paragraph 1 – point 4 e (new)
Directive (EU) 2017/1132
Article 119 – paragraph 2 e (new)
Article 119 – paragraph 2 e (new)
Amendment 557 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 f (new)
Article 1 – paragraph 1 – point 4 f (new)
Directive (EU) 2017/1132
Article 119 – paragraph 2 f (new)
Article 119 – paragraph 2 f (new)
(4f) In article 119, the new paragraph is inserted: “head office” means the place where key management, and commercial decisions are made that are necessary for the conduct of the entity’s business as a whole;
Amendment 558 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 120 – paragraph 4
Article 120 – paragraph 4
4. Member States shall ensure that this Chapter does not apply to the company or companies where: where a company intends to carry out a cross-border merger, the Member States concerned verify that the cross-border merger complies with the conditions laid down in this paragraph. A company shall not be entitled to carry out a cross- border merger in any of the following circumstances:
Amendment 560 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 120 – paragraph 4 – point e a (new)
Article 120 – paragraph 4 – point e a (new)
(ea) a company is under investigation, is being prosecuted or has been convicted in the last 3years for infringements of employment legislation or workers’ rights, social or tax fraud, tax evasion, tax avoidance or money laundering or any other financial crime;
Amendment 562 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 120 – paragraph 4 – point e b (new)
Article 120 – paragraph 4 – point e b (new)
(eb) a company has a backlog in tax or social security payments;
Amendment 563 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 120 – paragraph 4 – point e c (new)
Article 120 – paragraph 4 – point e c (new)
(ec) a company is under investigation, is being prosecuted or has been convicted in the last 3 years for causing environmental damage;
Amendment 564 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 120 – paragraph 4 – point e d (new)
Article 120 – paragraph 4 – point e d (new)
(ed) the company is under investigation, is being prosecuted or has been convicted in the last 3 years for violations of fundamental or human rights;
Amendment 565 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 120 – paragraph 4 a (new)
Article 120 – paragraph 4 a (new)
4a. Member States shall ensure that the competent authorities of the Member States concerned shall not authorise the cross-border merger where it determines, after an examination of the specific case and having regard to all relevant facts and circumstances, that it constitutes an artificial arrangement, or has a strong suspicion that it constitutes such an arrangement.
Amendment 566 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 120 – paragraph 4 b (new)
Article 120 – paragraph 4 b (new)
4b. The companies carrying out the cross-border merger shall provide substantive information to demonstrate they have an actual establishment and pursue genuine and substantial economic activity in the different Member States concerned. To this end, at least the following condition has to be met: The company shall have a fixed establishment performing substantial business activities with material premises, a relevant number of workers employed on permanent basis, and a management body that is materially equipped to negotiate business with third parties.
Amendment 567 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Directive (EU) 2017/1132
Article 120 – paragraph 5 a (new)
Article 120 – paragraph 5 a (new)
(5a) In article 120, the following paragraph 5 is inserted: This Directive is without prejudice to the enforcement of tax rules in national law, including the possibility for the departure Member States to impose a tax on hidden reserves of the converting company before the conversion takes effect, in accordance with of the European Court of Justice
Amendment 568 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 b (new)
Article 1 – paragraph 1 – point 5 b (new)
Directive (EU) 2017/1132
Article 120 – paragraph 5 b (new)
Article 120 – paragraph 5 b (new)
(5b) In article 120, the following paragraph 6 is inserted: Member States may tax unrealised capital gains at the time of the cross-border merger of companies. The companies may then choose between immediate payment of the amount of tax and a deferred payment of the amount of tax, together with interest in accordance with the applicable national legislation. If a company opts for the latter, the Member State may request the provision of a bank guarantee.
Amendment 570 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point -a (new)
Article 1 – paragraph 1 – point 7 – point -a (new)
Directive (EU) 2017/1132
Article 122 – introductory part
Article 122 – introductory part
(-a) In Article 122, the introductory part is replaced by the following: The management or administrative organ of each of the merging companies shall draw up the common draft terms of a cross-border merger. The common draft terms of a cross-border merger shall include at least the following elements:
Amendment 573 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b a (new) Directive (EU) 2017/1132
Article 1 – paragraph 1 – point 7 – point b a (new) Directive (EU) 2017/1132
(ba) the following points (o) and (p) are added: (o) detailed information on the head office; (p) the reasons for the merger;
Amendment 574 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b b (new)
Article 1 – paragraph 1 – point 7 – point b b (new)
Directive (EU) 2017/1132
Article 122 – point b b (new)
Article 122 – point b b (new)
(bb) the following points (q) to (y) are added: (q) the name of the ultimate undertaking and, where applicable, the list of all its subsidiaries, a brief description of the nature of their activities and their respective geographic allocation; (r) the number of employees on a full- time equivalent basis; (s) fixed assets other than cash or cash equivalents; the amount of the net turnover, including a distinction between the turnover made with related parties and the turnover made with unrelated parties; (t) the amount of profit or loss before income tax; (u) the amount of income tax accrued (current year) which is the current tax expense recognised on taxable profits or losses of the financial year by undertakings and branches resident for tax purposes in the relevant tax jurisdiction; (v) the amount of income tax paid which is the amount of income tax paid during the relevant financial year by undertakings and branches resident for tax purposes in the relevant tax jurisdiction; (w) the amount of accumulated earnings; stated capital; (x) details of public subsidies received and any donations made to politicians, political organisations or political foundations; (y) whether undertakings, subsidiaries or branches benefit from preferential tax treatment, from a patent box or equivalent regimes.
Amendment 575 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive (EU) 2017/1132
Article 122 – second subparagraph
Article 122 – second subparagraph
In addition to the official language of each Member State of the merging companies, Member States shall allow the merging companies to use a language customary in the sphere of international business and finance to draw up the common draft terms of a cross-border merger and all other related documents. Member States shall specify which language will prevail in the case of discrepancies identified between the different linguistic versions of those documents. Members, employees or creditors shall have the possibility to comment on these draft terms. The comments shall be included in the final report and be made public.;
Amendment 596 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 – paragraph 3
Article 124 – paragraph 3
3. The report shall be made available, at least electronically, to the members of each of the merging companies not less than one month before the date of the general meeting referred to in Article 126. The report shall also be made similarly available to the representatives of the employees of each of the merging companies, or where there are no such representatives, to the employees themselves and to the European Works Council, where applicable. However, where the approval of the merger is not required by general meeting of the acquiring company in accordance with Article 126(3), the report shall be made available, at least one month before the date of the general meeting of the other merging company or companies.
Amendment 612 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 2 – point c
Article 124a – paragraph 2 – point c
(c) any material changes in the conditions of employment, including the conditions laid down in law and collective agreements, and in the locations of the companies’ places of business;
Amendment 613 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 2 – point d
Article 124a – paragraph 2 – point d
(d) whether the factors set out in points (a), (b) and (c) also relate to any subsidiaries, branches or controlled undertakings according to art 3 of Directive 2009/38/EC of the merging companies.
Amendment 615 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 2 point d a (new)
Article 124a – paragraph 2 point d a (new)
(da) the rights and remedies available to members opposing the conversion in accordance with Article 126a;
Amendment 616 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 2 – point d b (new)
Article 124a – paragraph 2 – point d b (new)
(db) where appropriate, information on the procedures by which arrangements for the involvement of employees in the definition of their rights to participation in the converted company are determined pursuant to Article 86l and on the possible options for such arrangements;
Amendment 617 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 2 – point d c (new)
Article 124a – paragraph 2 – point d c (new)
(d c) the implications of the cross- border conversion on the future business of the company and on the management's strategic plan;
Amendment 618 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 Directive (EU) 2017/1132
Article 1 – paragraph 1 – point 10 Directive (EU) 2017/1132
(d d) the implications of the cross- border conversion for members;
Amendment 621 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 3 – subparagraph 1
Article 124a – paragraph 3 – subparagraph 1
The report referred to in paragraph 1 of this Article, shall be made available, at least electronically, to the representatives of the employees of each of the merging companies or, where there are no such representatives, to the employees themselves, and to the European Works Council, where applicable, not less than one month before the date of the general meeting referred to in Article 126. The report shall also be made similarly available to the members of each of the merging companies.
Amendment 623 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 3 a (new)
Article 124a – paragraph 3 a (new)
The European Works Councils, where applicable, the national employee representation bodies and the trade unions represented in the company shall have appropriate resources to conduct a thorough analysis on the report.
Amendment 625 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 4 a (new)
Article 124a – paragraph 4 a (new)
4 a. The Executive management or the administrative organ of the company which intends to carry out the cross- border merger, shall provide a motivated and written response to the employee opinion before the date of the general meeting referred to in Article 126.
Amendment 627 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 5
Article 124a – paragraph 5
Amendment 629 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 a (new)
Article 1 – paragraph 1 – point 10 a (new)
Directive (EU) 2017/1132
Article 124b (new)
Article 124b (new)
Amendment 630 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 b (new)
Article 1 – paragraph 1 – point 10 b (new)
Directive (EU) 2017/1132
Article 125 – title
Article 125 – title
(10 b) The title of Article 125 is amended as follows: "Independent expert report for the members"
Amendment 633 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Directive (EU) 2017/1132
Article 126 – paragraph 1
Article 126 – paragraph 1
1. After taking note of the reports referred to in Articles 124, 124a and 125, as appropriate, the general meeting of each of the merging companies shall decide, by means of a resolution, on the approval of the common draft terms of the cross-border merger. Prior to taking a decision, all applicable information and consultation rights have to be met in a way and at such a time that an opinion by the employees can be taken into consideration.;
Amendment 649 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – introductory part
Article 1 – paragraph 1 – point 18 – introductory part
Directive (EU) 2017/1132
Article 133
Article 133
(18) Article 133 is amended as follows: replaced by the following: 1. The information, consultation and participation of employees in the converted company and their involvement in the definition of such rights shall be the object of an agreement between the employees and the management and shall be regulated by the Member States, mutatis mutandis and subject to paragraphs 2 to 5 of this Article, in accordance with the principles and procedures laid down in Article 12(2) and (4) of Regulation (EC) No2157/2001 and the following provisions of Directive 2001/86/EC: (a) Article 3(1),(2)(a)(i), 2(b) and (3), the first indent of the first subparagraph of Article3(4), the second subparagraph of Article 3(4), Article 3(5), the third subparagraph of Article 3(6) and Article 3(7); (b) Article 4(1),Article 4(2)(a),(b) (c)(g) and (h), Article 4(3) and Article 4(4); (c) Article 5; (d) Article 6; (e) Article 7(1);(f) Articles 8, 9, 10 and 12; (g) the Annex, with the exclusion of points (a) en (b) of Part 3, instead of which the following will apply as a minimum: The employees of the Company, its subsidiaries and establishments and/or the representative body shall have the right to elect and appoint a number of members of the administrative or supervisory body of the converted company equal to two representatives in companies up from 50 employees, one third in companies having from 250 employees to 1000 employees and parity in companies with more than 1000 employees. 2.The agreement reached shall provide for at least the same level of employee participation as operated in the company prior to the conversion as well as at least the level that would apply following the rules in force concerning employee participation, if any, in the destination Member State. This level shall be measured by reference to the proportion of employee representatives amongst the members of the administrative or supervisory organ or their committees or of the management group which covers the profit units of the company, subject to employee representation. 3. When regulating the principles and procedures referred to in paragraph 1, Member States shall ensure that the rules on employee participation that applied prior to the cross-border conversion continue to apply until the date of application of any subsequently agreed rules or in the absence of agreed rules until the application of default rules in accordance with point (g) of paragraph 1. 4. When regulating the principles and procedures referred to in paragraph 3, Member States shall ensure that the rules on employee participation that applied prior to the cross-border conversion continue to apply until the date of application of any subsequently agreed rules or in the absence of agreed rules until the application of default rules in accordance with point (g) of paragraph 1. 5. Where the company carrying out the conversion is operating under an employee participation system, that company shall be obliged to take a legal form allowing for the exercise of participation rights. 7. Where the converted company is operating under an employee participation system, that company shall be obliged to take measures to ensure that employees' participation rights are protected in the event of any subsequent cross-border or domestic merger, division or conversion for a period of three ten years after the cross-border conversion has taken effect, by applying mutatis mutandis the rules laid down in paragraphs 1 to 4. 8. A company shall communicate to its employees the outcome of the negotiations concerning employee participation without undue delay.
Amendment 657 #
2018/0114(COD)
(3 a) "information" means the transmission by the employer to the employees and/or employees' representatives at the relevant level, of data which concern the company itself and any of its subsidiaries or establishments situated in another Member State, in order to enable them to acquaint themselves with the subject matter and to examine it. This shall take place at a time, in a manner and with a content which allows the employees and representatives to undertake an in-depth assessment of the possible impact and, where appropriate, prepare consultations with the competent organ of the company;
Amendment 659 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160b – point 3 b (new)
Article 160b – point 3 b (new)
(3 b) "participation” means the influence of the employees and/or the employees' representatives in the affairs of a company by way of the right to elect or appoint some of the members of the company's supervisory or administrative organ;
Amendment 660 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160b – point 3 c (new)
Article 160b – point 3 c (new)
(3 c) “consultation" means the exchange of views and establishment of dialogue between the employees and/or the employees' representatives and the employer, with the employee’s opinion being taken into account in the decision- making process within the company. This shall take place at a time, in a manner and with a content which allows the employees and representatives ,on the basis of information provided, to express an opinion on the measures envisaged. It shall allow to meet with the Executive management and obtain a reasoned and exhaustive response before the final decision is adopted;
Amendment 661 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160b – point 3 d (new)
Article 160b – point 3 d (new)
(3 d) “artificial arrangement” means any structure, transaction, scheme, action, operation or agreement or a series of these put in place to avoid or circumvent companies’ obligations, where the company has an intention to avoid or circumvent these obligations or where the action is considered to lack genuine economic substance, regardless of the intentions of the company. This includes, but is not limited to, obligations related to legal or contractual rights of employees, creditors or members, employees’ participation or obligations related to taxation or social security;
Amendment 662 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160b – point 3 e (new)
Article 160b – point 3 e (new)
(3 e) 'economic substance' means factual criteria, which can be used to define the taxable presence of an undertaking, such as the existence of human and physical resources specific to the entity, its management autonomy, its legal reality, the revenues it generates and, where appropriate, the nature of its assets;
Amendment 663 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160b – point 3 f (new)
Article 160b – point 3 f (new)
(3 f) “head office" means the place where key management, and commercial decisions are made that are necessary for the conduct of the entity’s business as a whole;
Amendment 667 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160d – paragraph 2 – point e a (new)
Article 160d – paragraph 2 – point e a (new)
(e a) the company is under investigation, is being prosecuted or has been convicted in the last 3 years for infringements of employment legislation or workers’ rights, social or tax fraud, tax evasion, tax avoidance or money laundering or any other financial crime;
Amendment 669 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160d – paragraph 2 – point e b (new)
Article 160d – paragraph 2 – point e b (new)
(e b) the company has a backlog in tax or social security payments;
Amendment 670 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160d – paragraph 2 – point e c (new)
Article 160d – paragraph 2 – point e c (new)
(e c) the company is under investigation, is being prosecuted or has been convicted in the last 3 years for causing environmental damage;
Amendment 671 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160d – paragraph 2 – point e d (new)
Article 160d – paragraph 2 – point e d (new)
(e d) the company is under investigation, is being prosecuted or has been convicted in the last 3 years for violations of fundamental or human rights;
Amendment 675 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160d – paragraph 3
Article 160d – paragraph 3
3. The Member State of the company being divided shall ensure that the competent authority shall not authorise the division when it determines, after an examination of the specific case and having regard to all relevant facts and circumstances, that it constitutes an artificial arrangement aimed at obtaining undue tax advantages or at unduly prejudor has a strong suspiciong the legal or contractual rights of employees, creditors or membersat it constitutes such an arrangement.
Amendment 678 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160d – paragraph 3 a (new)
Article 160d – paragraph 3 a (new)
3 a. The company carrying out the cross-border division shall provide substantive information to demonstrate it has an actual establishment and pursues genuine and substantial economic activity in the destination Member State. To this end, at least the following conditions have to be met: a) The EBIDTA generated by the operations of the Company in the destination Member State in the last two fiscal years corresponds at least to 25%EBITDA generated by the Company in the European Union; b) The company shall have a fixed establishment performing substantial business activities with material premises, a relevant number of workers employed on permanent basis, and a management body that is materially equipped to negotiate business with third parties.
Amendment 680 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160d – paragraph 4 a (new)
Article 160d – paragraph 4 a (new)
4 a. This Directive is without prejudice of the enforcement of tax rules in national law, including the possibility for the Member State of origin to impose a tax on hidden reserves of the dividing company before the division takes effect, in accordance with the jurisprudence of the European Court of Justice.
Amendment 681 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160d – paragraph 4 b (new)
Article 160d – paragraph 4 b (new)
4 b. Member States may tax unrealised capital gains at the time of the cross- border division of a company. The company may then choose between immediate payment of the amount of tax and a deferred payment of the amount of tax, together with interest in accordance with the applicable national legislation. If the company opts for the latter, the Member State of origin may request the provision of a bank guarantee.
Amendment 683 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160e – paragraph 1 – point d a (new)
Article 160e – paragraph 1 – point d a (new)
(d a) detailed information on the head office;
Amendment 684 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160e – paragraph 1 – point d b (new)
Article 160e – paragraph 1 – point d b (new)
(d b) The reasons for the division;
Amendment 685 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160e – paragraph 1 – point e
Article 160e – paragraph 1 – point e
(e) the likely repercussions of the cross-border division on employment , wage development and company level social dialogue including board level representation of employee representatives;
Amendment 687 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160e – paragraph 1 – point r a (new)
Article 160e – paragraph 1 – point r a (new)
(r a) (r a) the name of the ultimate undertakings and, where applicable, the list of all its subsidiaries, a brief description of the nature of their activities and their respective geographic allocation; (rb) the number of employees on a full- time equivalent basis; (rc) fixed assets other than cash or cash equivalents; the amount of the net turnover, including a distinction between the turnover made with related parties and the turnover made with unrelated parties; (rd) the amount of profit or loss before income tax; (re) the amount of income tax accrued (current year) which is the current tax expense recognised on taxable profits or losses of the financial year by undertakings and branches resident for tax purposes in the relevant tax jurisdiction; (rf) the amount of income tax paid which is the amount of income tax paid during the relevant financial year by undertakings and branches resident for tax purposes in the relevant tax jurisdiction; (rg) the amount of accumulated earnings; stated capital; (rh) details of public subsidies received and any donations made to politicians, political organisations or political foundations; (ri) whether undertakings, subsidiaries or branches benefit from preferential tax treatment, from a patent box or equivalent regimes.
Amendment 688 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160e – paragraph 4
Article 160e – paragraph 4
4. In addition to the official languages of the Member States of the recipient companies and the one being divided, Member States shall allow the company to use a language customary in the sphere of international business and finance in order to draw up the draft terms of cross-border division and all other related documents. Member States shall specify which language will prevail in case of discrepancies among different linguistic versions of those documents. Members, employees or creditors shall have the possibility to comment on these draft terms. The comments shall be included in the final report and be made public.
Amendment 706 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 3
Article 160g – paragraph 3
3. The report referred to in paragraph 1 of this Article shall be made available, at least electronically, to the members of the company being divided not less than two months before the date of the general meeting referred to in Article 160k. That report shall also be made similarly available to the representatives of the employees of the company being divided or, where there are no such representatives, to the employees themselves, and to the European Works Council, where applicable.
Amendment 725 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 2 – point c
Article 160h – paragraph 2 – point c
(c) any material change in the conditions of employment, including the conditions laid down in law and collective agreements, and the locations of the companies’ places of business;
Amendment 727 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 2 – point d
Article 160h – paragraph 2 – point d
(d) whether the factors set out in points (a), (b) and (c) also relate to any subsidiaries, branches or controlled undertakings according to art 3 of Directive 2009/38/EC of the company being divided.
Amendment 729 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 2 – point d a (new)
Article 160h – paragraph 2 – point d a (new)
(d a) the implications of the cross- border conversion for members;
Amendment 730 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 2 – point d b (new)
Article 160h – paragraph 2 – point d b (new)
(d b) where appropriate, information on the procedures by which arrangements for the involvement of employees in the definition of their rights to participation in the converted company are determined pursuant to Article 160j and on the possible options for such arrangements;
Amendment 732 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 2 – point d c (new)
Article 160h – paragraph 2 – point d c (new)
(d c) the implications of the cross- border conversion on the future business of the company and on the management's strategic plan;
Amendment 735 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 2 – point d d (new)
Article 160h – paragraph 2 – point d d (new)
(d d) the implications of the cross- border conversion for members;
Amendment 739 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 3
Article 160h – paragraph 3
3. The report referred to in paragraph 1 shall be made available, at least electronically, to the representatives of the employees of the company being divided or, where there are no such representatives, to the employees themselves, and to the European Works Council, where applicable, not less than two months before the date of the general meeting referred to in Article 160k. The report shall also be made similarly available to the members of the company being divided.
Amendment 740 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 3 a (new)
Article 160h – paragraph 3 a (new)
3 a. The European Works Councils, where applicable, the national employee representation bodies and the trade unions represented in the company shall have appropriate resources to conduct a thorough analysis on the report.
Amendment 743 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 4 a (new)
Article 160h – paragraph 4 a (new)
4 a. The Executive management or the administrative organ of the company which intends to carry out the cross- border conversion, shall provide a motivated and written response to the employee opinion before the date of the general meeting referred to in Article 160k.
Amendment 746 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 5
Article 160h – paragraph 5
Amendment 750 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160i – title
Article 160i – title
Article 160i Examination by an independent experts
Amendment 752 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160i – paragraph 1 – subparagraph 1
Article 160i – paragraph 1 – subparagraph 1
Member States shall ensure that the company being divided applies to the competent authority, designated in accordance with Article 160o(1), not less than two months before the date of the general meeting referred to in Article 160k, to appoint antwo experts to examine and assess the draft terms of cross-border division and the reports referred to in Articles 160g and 160h, subject to the proviso set out in paragraph 6 of this Article.
Amendment 755 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160i – paragraph 2
Article 160i – paragraph 2
2. The competent authority shall appoint antwo independent experts within five working days ofone month from the application referred to in paragraph 1 and the receipt of the draft terms and reports. The experts shall be independent from the company being divided and may be a naturappointed on the basis of a pre-selected list that was specifically established for the purpose of assessing cross-border divisions. The list shall include natural persons on the basis of their personal expertise. The fields of expertise to be reflected in the list should include at least company law, taxation and fiscal law, social security and workers’ rights. Together, the two independent experts shall cover all of the fields of expertise mentioned in this paragraph. An expert may operate on his or her own behalf or on behalf orf a legal person depending upon the law of the Member State concerned. Member States shall define fixed rates for the fees paid to the independent experts, which shall be paid by the company applying for the division. The experts shall be independent from the company carrying out the cross-border division. Member States shall take into account, in assessing the independence of the experts, the framework established in Articles 22 andto 22b of Directive 2006/43/EC. In addition: (a) the experts or the legal person on whose behalf he or she is operating, shall not have performed work, in whatever capacity, for the company applying for the conversion in the five years prior to his or her appointment or vice versa; and (b) the two experts appointed shall not operate on behalf of the same legal person.
Amendment 758 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160i – paragraph 3
Article 160i – paragraph 3
3. The expert shall draw up a written report within two months after his or her appointment, providing at least:
Amendment 760 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160i – paragraph 3 – point f
Article 160i – paragraph 3 – point f
(f) a description of all factual elements necessary for the competent authority designated in accordance with Article 160o(1), to carry out an in-depth assessment to determine whether the intended cross-border division constitutes an artificial arrangement in accordance with Article 160p, at a minimum the following: (i) the characteristics of the establishments in the destination Member States concerned of the recipient companies, including the intent, the sector, the investment, the net turnover and profit or loss, (ii) the number of employees, the composition of the balance sheet, working in the country of destination, the number of employees working in another country grouped according to the country of work, the number of employees posted or sent in the year prior to the conversion within the meanings of Regulation (EC) No 883/2004 and Directive96/71/EC, the number of employees working simultaneously in more than one Member State within the meaning of Regulation (EC) No 883/2004, (iii) the tax residence, (iv) the assets and their location, (v)the habitual place of work of the employees and of specific groups of employees, (vi) the places where social contributions are due and; (vii) the commercial risks assumed by the company being divided in the Member States of the recipient companies. nverted company in the destination Member State and the departure Member State (viii) the composition of the balance sheet and of the financial statement in the destination member state and in all member States in which the company operates in the last two fiscal years.
Amendment 762 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160i – paragraph 3 a (new)
Article 160i – paragraph 3 a (new)
3 a. Whenever relevant, the independent experts shall ask questions to and receive information from the competent authority of the destination Member State. The competent authority shall ensure communication between the independent expert and other authorities in that Member State responsible for any of the areas touched upon by this Directive.
Amendment 764 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160i – paragraph 5
Article 160i – paragraph 5
5. Member States shall ensure that information submitted to the independent expert can only be used for the purpose of drafting the report and that confidential information, including business secrets, shall not be disclosed. Where appropriate, the expert may submit a separate document containing confidential information to the competent authority designated in accordance with Article 160o(1) and that separate document shall only be made available to the company being divided and not be disclosed to any third party.
Amendment 767 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160i – paragraph 6
Article 160i – paragraph 6
6. Member States shall exemptmay apply lower independent expert fees for micro and small enterprises as defined in Commission Recommendation 2003/361/EC (**) from the provisions of this Article.
Amendment 770 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160k – paragraph 1
Article 160k – paragraph 1
1. After taking note of the reports referred to in Articles 160g, 160h and 160i, where applicable, the general meeting of the company being divided shall decide by means of a resolution, whether to approve the draft terms of cross-border division. Prior to taking a decision, all applicable information and consultation rights have to be met in a way and at such a time that an opinion by the employees can be taken into consideration. The company shall inform the competent authority designated in accordance with Article 160o(1) of the decision of the general meeting.
Amendment 779 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 1
Article 160n – paragraph 1
Amendment 781 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 2
Article 160n – paragraph 2
Amendment 784 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 3
Article 160n – paragraph 3
3. In the cases referred to in paragraph 2, theThe information, consultation and participation of employees in the companies resulting from the cross-border division and their involvement in the definition of such rights shall be the object of an agreement between the employees and the management and shall be regulated by the Member States, mutatis mutandis and subject to paragraphs 4 to 7 of this Article, in accordance with the principles and procedures laid down in Article 12(2), (3) and (4) of Regulation (EC) No 2157/2001 and the following provisions of Directive 2001/86/EC:
Amendment 785 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 3 – point b
Article 160n – paragraph 3 – point b
(b) Article 4(1), Article 4(2)(a), (b), (c), (g) and (h), Article 4(3) and Article 4(4);
Amendment 786 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 3 – point e
Article 160n – paragraph 3 – point e
(e) the first subparagraph of Article 7(1);
Amendment 787 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 3 – point g
Article 160n – paragraph 3 – point g
(g) the Annex, with the exclusion of points (a) en (b) of pPart 3 of the Annex, instead of which the following will apply as a minimum: The employees of the Company, its subsidiaries and establishments and/or the representative body shall have the right to elect and appoint a number of members of the administrative or supervisory body of the converted company equal to two representatives in companies up from 50 employees, one third in companies having from 250 employees to 1000 employees and parity in companies with more than 1000 employees.
Amendment 789 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 3 a (new)
Article 160n – paragraph 3 a (new)
3 a. The agreement reached shall provide for at least the same level of employee participation as operated in the company prior to the conversion as well as at least the level that would apply following the rules in force concerning employee participation, if any, in the destination Member State. This level shall be measured by reference to the proportion of employee representatives amongst the members of the administrative or supervisory organ or their committees or of the management group which covers the profit units of the company, subject to employee representation.
Amendment 791 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 4
Article 160n – paragraph 4
Amendment 792 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 4 – point b
Article 160n – paragraph 4 – point b
Amendment 793 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 4 – point c
Article 160n – paragraph 4 – point c
(c) shall ensure that the rules on participation that applied prior to the cross- border division continue to apply until the date of application of any subsequently agreed rules or in the absence of agreed rules until the application of default rules in accordance with point (ag) of Ppart 3 of the Annexagraph 3.
Amendment 794 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 5
Article 160n – paragraph 5
Amendment 795 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 7
Article 160n – paragraph 7
7. Where the company resulting from the cross-border division is operating under an employee participation system, that company shall be obliged to take measures to ensure that employees' participation rights are protected in the event of any subsequent cross-border or domestic merger, division or conversion for a period of threen years after the cross-border division has taken effect, by applying, mutatis mutandis, the rules laid down in paragraphs 1 to 6.
Amendment 796 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160o – paragraph 1
Article 160o – paragraph 1
1. Member States shall designate the national authority competent to scrutinise the legality of the cross-border divisions as regards the part of the procedure which is governed by the law of the Member State of the company being divided, and to issue a pre-division certificate attesting compliance with all relevant conditions, and the proper completion of all procedures and formalities in that Member State. The competent authority shall set up appropriate coordination mechanisms with other authorities and bodies in that Member State working in the policy fields covered by this Directive.
Amendment 798 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160o – paragraph 2 – point b
Article 160o – paragraph 2 – point b
(b) the reports referred to in Articles 160g, 160h and 160i, as appropriate, and including the employees’ opinion and response of the management;
Amendment 799 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160p – paragraph 1 – subparagraph 1
Article 160p – paragraph 1 – subparagraph 1
Member States shall ensure in order to assess whether the cross-border division constitutes an artificial arrangement within the meaning of Article 160d(3) of this Directive, the competent authority of the company being divided shall carry out an in-depth assessment of all relevant facts and circumstances and shall take into account at a minimum the following: (i) the characteristics of the establishment in the destination Member States concerned, including the intent, the sector, the investment, the net turnover and profit or loss, (ii) the number of employees, working in the country of destination, the number of employees working in another country grouped according to the country of work, the number of employees posted in the year prior to the conversion within the meanings of Regulation (EC) No 883/2004and Directive 96/71/EC, the number of employees working simultaneously in more than one Member State within the meaning of Regulation (EC) No 883/2004,the composition of the balance sheet, (iii) the tax residence, (iv) the assets and their location, (v) the habitual place of work of the employees and of specific groups of employees,(vi) the places where social contributions are due, (vii) and the commercial risks assumed by the company being divided in the Member State of that company and Member States of recipient companienverted company in the destination Member State and the departure Member State., and (viii)the composition of the balance sheet and of the financial statement in the destination member state and in all member States in which the company operates in the last two fiscal years.
Amendment 803 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160p – paragraph 1 – subparagraph 2 a (new)
Article 160p – paragraph 1 – subparagraph 2 a (new)
Where relevant, the competent authority shall ask questions to and receive information from the competent authority of the other Member State. The competent authority shall ensure communication between the independent expert and other authorities in that Member State responsible for any of the areas touched upon by this Directive.
Amendment 804 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160p – paragraph 2
Article 160p – paragraph 2
2. Member States shall ensure that where the competent authority referred to in paragraph 1 of this Article decides to carry out an in-depth assessment, it is able to hear the company and all parties that have submitted observations pursuant Article 160j(1) in accordance with national law. The competent authorities referred to in paragraph 1 may also hear any other interested third parties in accordance with national law. The competent authority shall take its final decision regarding the issue of the pre-division certificate within twofive months from the start of the in-depth assessment.
Amendment 805 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160r – paragraph 1
Article 160r – paragraph 1
Member States shall designate an authority competent to scrutinise the legality of the cross-border divisions as regards that part of the procedure which concerns the completion of the cross-border division governed by the law of the Member States of the recipient companies and to approve the cross-border division where it complies with all the relevant conditions and all the procedures and formalities in that Member State have been properly completed. The competent authority shall set up appropriate coordination mechanisms with other authorities and bodies in that Member State working in the policy fields covered by this Directive.
Amendment 810 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160w – paragraph 2 (new)
Article 160w – paragraph 2 (new)
However, if during the year following the date on which the cross-border conversion takes effect, new information on this cross-border conversion are brought to the attention of the competent authorities alleging of genuine suspicion of fraud, the competent authorities shall proceed to a revised assessment of the facts of the case and can take effective, proportionate and dissuasive sanctions, including financial penalties, in cases of artificial arrangements.
Amendment 22 #
2018/0106(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 16, 19 (2), 33, 43, 50, 53(1), 62, 77 (2), 78, 79, 83(1), 91, 100, 103, 109, 114, 153, 157, 168, 169, 192, 207 and 325(4) thereof and to the Treaty establishing the European Atomic Energy Community, and in particular Article 31 thereof,
Amendment 44 #
2018/0106(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 46 #
2018/0106(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Persons who report information, particularly about threats or harm to the public interest obtained in the context of their work- related activities, make use of their right to freedom of expression. The right to freedom of expression, enshrined in Article 11 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and in Article 10 of the European Convention on Human Rights (ECHR), encompasses freedom of information as well as media freedom and pluralism.
Amendment 47 #
2018/0106(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Persons need specific legal protection where they acquire the information they report through their work-related activities and theand their decision to refpore run thet it results in a risk of work-related or other retaliation (for instance, for breaching the duty of confidentiality or loyaltyUnion legislation on trade secrets). The underlying reason for providing them with protection is their position of economic vulnerability vis-à-vis the person on whom they de facto depend for work. When there is no such work-related power imbalance (for instance in the case of ordinary complainants or citizen bystanders) there is no need for protection against retaliationare reporting or on whom they de facto depend for work.
Amendment 48 #
2018/0106(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Effective enforcement of Union law requires that protection is granted to the broadest possible range of categories of persons, who, irrespective of whether they are EU citizens or third-country nationals, by virtue of work-related activities (irrespective of the nature of these activities, whether they are paid or not), have privilegedhave access to information about breaches that would be in the public’s interest to report and who may suffer retaliation if they report them. Member States should ensure that the need for protection is determined by reference to all the relevant circumstances and not merely by reference to the nature of the relationship, so as to cover the whole range ofall persons connected in a broad sense to the organisation where the breach has occurredto the report.
Amendment 52 #
2018/0106(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Protection should also extend to further categories of natural or legal persons, who, whilst not being 'workers' within the meaning of Article 45 TFEU, can play a key role in exposing breaches of the law and may find themselves in a position of economic vulnerability in the context of their work-related activitiesvis-à-vis the legal or natural person reported on. For instance, in areas such as product safety, suppliers are much closer to the source of possible unfair and illicit manufacturing, import or distribution practices of unsafe products; in the implementation of Union funds, consultants providing their services are in a privileged position to draw attention to breaches they witness. Such categories of persons, including self- employed persons providing services, freelance, contractors, sub-contractors and suppliers, are typically subject to retaliation in the form of early termination or cancellation of contract of services, licence or permit, loss of business, loss of income, coercion, intimidation or harassment, blacklisting/business boycotting or damage to their reputation. Shareholders and persons in managerial bodies, may also suffer retaliation, for instance in financial terms or in the form of intimidation or harassment, blacklisting or damage to their reputation. Protection should also be granted to candidates for employment or for providing services to an organisation who acquired the information on breaches of law during the recruitment process or other pre-contractual negotiation stage, and may suffer retaliation for instance in the form of negative employment references or blacklisting/business boycotting.
Amendment 54 #
2018/0106(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Effective detection and prevention of serious harm to the public interest requires that the information reported which qualifies for protection covers not only unlawful activities but also abuse of law, namely acts or omissions which do not appear to be unlawful in formal terms but defeat the object or the purpose of the law or constitute a danger or potential threat to the public interest.
Amendment 57 #
2018/0106(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Effective prevention of breaches of Union law requires that protection is also granted to persons who provide information about potential breaches, which have not yet materialised, but are likely to be committed. For the same reasons, protection is warranted also for persons who do not provide positive evidence but raise reasonable concerns or suspicions. At the same time, protection should not apply to the reporting of information which is already in the public domain or of unsubstantiated rumours and hearsay.
Amendment 66 #
2018/0106(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to Article 294(2) andthe Treaty on the Functioning of the European Union, and in particular Articles 16, 19 (2), 33, 43, 50, 53(1), 62, 77 (2), 78, 79, 83(1), 91, 100, 103, 109, 114, 153, 157, 168, 169, 192, 207 and 325(4) of the Treaty on the Functioning of the European Union andthereof and to the Treaty establishing the European Atomic Energy Community, and in particular Article 31 thereof,
Amendment 70 #
2018/0106(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Provided the confidentiality of the identity of the reporting person or its anonymity is ensured, it is up to each individual private and public legal entity to define the kind of reporting channels to set up, such as in person, by post, by physical complaint box(es), by telephone hotline or through an online platform (intranet or internet). However, reporting channels should not be limited to those amongst the tools, such as in-person reporting and complaint box(es), which do not guarantee anonymity nor confidentiality of the identity of the reporting person.
Amendment 71 #
2018/0106(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Third parties may also be authorised to receive reports on behalf of private and public entities, provided they offer appropriate guarantees of respect for independence, confidentiality or where relevant, anonymity, data protection and secrecy. These can be external reporting platform providers, external counsel or auditors or trade union representatives.
Amendment 72 #
2018/0106(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Persons who work for an organisation or are in contact with it in the context of their work-related activities are often the first to know about threats or harm to the public interest which arise in this context. The purpose of this Directive is to create a climate of trust that enables whistleblowers to report observed or suspected breaches of law, wrongdoing and threats to the public interest. By ‘blowing the whistle’ they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society. However, potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation.
Amendment 79 #
2018/0106(COD)
Proposal for a directive
Recital 61
Recital 61
(61) The requirement of a tiered use of reporting channels, as a general rule, is necessary to ensure that the information gets to the persons who can contribute to the early and effective resolution of risks to the public interest as well as to prevent unjustified reputational damage from public disclosure. At the same time, some exceptions to its application are necessary, allowing the reporting person to choose the most appropriate channel depending on the individual circumstances of the case. Moreover, iIt is necessary to protect public disclosures taking into account democratic principles such as transparency and accountability, and fundamental rights such as freedom of expression and media freedom, whilst balancing the interest of employers to manage their organisations and to protect their interests with the interest of the public to be protected from harm, in line with the criteria developed in the case-law of the European Court of Human Rights57 . _________________ 57 One of the criteria for determining whether retaliation against whistleblowers making public disclosures interferes with freedom of expression in a way which is not necessary in a democratic society, is whether the persons who made the disclosure had at their disposal alternative channels for making the disclosure; see, for instance, Guja v. Moldova [GC], no 14277/04, ECHR 2008.
Amendment 81 #
2018/0106(COD)
Proposal for a directive
Recital 62
Recital 62
Amendment 84 #
2018/0106(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In certain policy areas, bBreaches of Union law may cause serious harm to the public interest, in the sense of creating significant risks for the welfare of society. Where weaknesses of enforcement have been identified in those areas, and whistleblowers are in a privileged position to disclose breaches, it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducingto ensure that there are effective reporting channels.
Amendment 84 #
2018/0106(COD)
Proposal for a directive
Recital 63
Recital 63
Amendment 86 #
2018/0106(COD)
Proposal for a directive
Recital 65
Recital 65
(65) Reporting persons should be protected against any form of retaliation, whether direct or indirect, taken by their employer or customer/recipient of services and by persons working for or acting on behalf of the latter, including co-workers and managers in the same organisation or in other organisations with which the reporting person is in contact in the context of his/her work-related activities, where retaliation is recommended or tolerated by the concerned person. Protection should be provided against retaliatory measures taken vis-à-vis the reporting person him/herself but also those that may be taken vis-à-vis the legal entity he/she represents, such as denial of provision of services, blacklisting or business boycotting. Protection against retaliation should also be granted to natural or legal persons closely linked to the reporting person, irrespective of the nature of the activities, and whether they are paid or not. Indirect retaliation also includes actions taken against relatives of the reporting person who are also in a work-related connection with the latter’s employer or customer/recipient of services and workers’ representatives who have provided support to the reporting person.
Amendment 87 #
2018/0106(COD)
Proposal for a directive
Recital 77 a (new)
Recital 77 a (new)
(77 a) Following an individual assessment, any third country national who reports information falling into the scope of this directive and suffers from a well-founded fear of persecution or would face a real risk of suffering serious harm because of the report and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country can be considered as qualifying as a refugee or beneficiary of subsidiary protection in accordance with chapters II and III of Directive2011/95/EU
Amendment 89 #
2018/0106(COD)
Proposal for a directive
Recital 78
Recital 78
(78) Penalties are necessary to ensure the effectiveness of the rules on whistleblower protection. Penalties against those who take retaliatory or other adverse actions against reporting persons can discourage further such actions. Penalties against persons who make a report or disclosure demonstrated to be knowingly false are necessary to deter further malicious reporting and preserve the credibility of the system. The proportionality of such penalties should ensure that they do not have a dissuasive effect on potential whistleblowers.
Amendment 93 #
2018/0106(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Accordingly, common minimum standards ensuring effective whistleblower protection should apply in those acts and policy areas where i) there is a need to strengthen enforcement; ii) under-reporting by whistleblowers is a key factor affecting enforcement, and iii) breaches of Union law cause serious harmundermine to the public interest.
Amendment 95 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to enhancing the enforcement of Union law and policies in specific areas, this Directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or, abuse of law or threats to the public interest, including:
Amendment 96 #
2018/0106(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The importance of whistleblower protection in terms of preventing and deterring breaches of Union rules on transport safety which can endanger human lives has been already acknowledged in sectorial Union instruments on aviation safety38 and maritime transport safety39 , which provide for tailored measures of protection to whistleblowers as well as specific reporting channels. These instruments also include the protection from retaliation of the workers reporting on their own honest mistakes (so called ‘just culture’). It is necessary to complement and expand upon the existing elements of whistleblower protection in these two sectors as well as to provide such protection to enhance the enforcement of safety standards for other transport modes, namely road and railway transport. _________________ 38 Regulation (EU) No 376/2014 of the European Parliament and of the Council, of 3 April 2014, on the reporting, analysis and follow-up of occurrences in civil aviation (OJ L 122, p. 18). 39 Directive 2013/54/EU, of the European Parliament and of the Council, of 20 November 2013, concerning certain flag State responsibilities for compliance with and enforcement of the Maritime Labour Convention (OJ L 329, p. 1), Directive 2009/16/EC of the European Parliament and of the Council, of 23 April 2009, on port State control (OJ L 131, p. 57).
Amendment 97 #
2018/0106(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Evidence-gathering, preventing, detecting and addressing environmental crimes and unlawful conduct or omissions as well as potential breaches against the protection of the environment remain a challenge and need to be reinforced as acknowledged in the Commission Communication "EU actions to improve environmental compliance and governance" of 18 January 201840 . Whilst whistleblower protection rules exist at present only in one sectorial instrument on environmental protection41 , the introduction of such protection appearis necessary to ensure effective enforcement of the Union environmental acquis, whose breaches can cause serious harm to the public interest with possible spill-over impacts across national borders. This is also relevant in cases where unsafe products can cause environmental harm. _________________ 40 COM(2018) 10 final. 41 Directive 2013/30/EU of the European Parliament and of the Council, of 12 June 2013, on safety of offshore oil and gas operations (OJ L 178, p. 66).
Amendment 100 #
2018/0106(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Enhancing the protection of whistleblowers would also favour preventing and deterring breaches of Euratom rules on nuclear safety, radiation protection and responsible and safe management of spent fuel and radioactive waste and would be reinforce the enforcement of existing provisions of the revised Nuclear Safety Directive44 on the effective nuclear safety culture and, in particular, Article 8 b (2) (a), which requires, inter alia, that the competent regulatory authority establishes management systems which give due priority to nuclear safety and promote, at all levels of staff and management, the ability to question the effective delivery of relevant safety principles and practices and to report in a timely manner on safety issues. _________________ 44 Council Directive 2014/87/Euratom of 8 July 2014 amending Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations (OJ L 219, 25.7.2014, p. 42–52).
Amendment 100 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – introductory part
Article 1 – paragraph 1 – point a – introductory part
a) breaches falling within the scope of the Union acts set out in the Annex (Part I and Part II) as regards, including but not limited to the following areas:
Amendment 102 #
2018/0106(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In the same vein, whistleblowers’ reports can be key to detecting and preventing, reducing or eliminating risks to public health and to consumer protection resulting from breaches of Union rules which might otherwise remain hidden. In particular, consumer protection is also strongly linked to cases where unsafe products can cause considerable harm to consumers. Whistleblower protection should therefore be introduced in relation to relevant Union rules adopted pursuant to Articles 114, 168 and 169 TFEU.
Amendment 103 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – point ii
Article 1 – paragraph 1 – point a – point ii
(ii) financial services, prevention of money laundering and terrorist financing, corruption and organized crime;
Amendment 105 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – point viii
Article 1 – paragraph 1 – point a – point viii
(viii) public health and public safety;
Amendment 106 #
2018/0106(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The protection of privacy and personal data is another area where whistleblowers are in a privileged position to disclose breaches of Union law which can seriously harm the public interest. Similar considerations apply for breaches of the Directive on the security of network and information systems45 , which introduces notification of incidents (including those that do not compromise personal data) and security requirements for entities providing essential services across many sectors (e.g. energy, health, transport, banking, etc.) and providers of key digital services (e.g. cloud computing services). Whistleblowers' reporting in this area is particularly valuable to prevent security incidents that would affect key economic and social activities and widely used digital services. It helps ensuring the continuity of services which are essential for the functioning of the internal market and the wellbeing of society. _________________ 45 Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union.
Amendment 106 #
2018/0106(COD)
(viii a) asylum and migration law;
Amendment 107 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – point ix a (new)
Article 1 – paragraph 1 – point a – point ix a (new)
(ix a) employment and working conditions;
Amendment 108 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – point ix b (new)
Article 1 – paragraph 1 – point a – point ix b (new)
(ix b) tax fraud, tax evasion and tax optimisation;
Amendment 109 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – point ix c (new)
Article 1 – paragraph 1 – point a – point ix c (new)
(ix c) violations of human rights or of the rights enshrined in the European Charter of Fundamental Rights;
Amendment 110 #
2018/0106(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Each time a new Union act for which whistleblower protection is relevant and can contribute to more effective enforcement is adopted, consideration should be given to whether to amendit should be added to the Annex to the present Directive in order to place it under its scope.
Amendment 110 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – point ix d (new)
Article 1 – paragraph 1 – point a – point ix d (new)
(ix d) company law;
Amendment 111 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
b) competition law, especially breaches of Articles 101, 102, 106, 107 and 108 TFEU and breaches falling within the scope of Council Regulation (EC) No 1/2003 and Council Regulation (EU) No 2015/1589;
Amendment 112 #
2018/0106(COD)
Proposal for a directive
Recital 20
Recital 20
(20) This Directive should be without prejudiceis a complement to the protection afforded to employees when reporting on breaches of Union employment law. In particular, in the area of occupational safety and health, Article 11 of Framework Directive 89/391/EEC already requires Member States to ensure that workers or workers' representatives shall not be placed at a disadvantage because of their requests or proposals to employers to take appropriate measures to mitigate hazards for workers and/or to remove sources of danger. Workers and their representatives are entitled to raise issues with the competent national authorities if they consider that the measures taken and the means employed by the employer are inadequate for the purposes of ensuring safety and health.
Amendment 112 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
d) breaches relating to the internal market, as referred to in Article 26(2) TFEU, particularly as regards acts which breach the rules of corporate tax or arrangements whose purpose is to obtain a tax advantage that defeats the object or purpose of the applicable corporate tax law.
Amendment 113 #
2018/0106(COD)
Proposal for a directive
Recital 21
Recital 21
(21) This Directive should be without prejudice to the protection of national security and other classified information which Union law or the laws, regulations or administrative provisions in force in the Member State concerned require, for security reasons, to be protected from unauthorised access. In particular, Moreover, the provision of this Directive should not affectbe read together with the obligations arising from Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information or Council Decision of 23 September 2013 on the security rules for protecting EU classified information.
Amendment 115 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Where specific rules on the reporting of breaches are provided for in sector-specific Union acts listed in Part 2 of the Annex, those rules shall apply. The provisions of this Directive shall be applicable for all matters relating to the protection of reporting persons not regulated in those sector-specific Union acts. This paragraph shall apply only in cases where the protection foreseen in sector- specific acts is higher than the one guaranteed by this Directive.
Amendment 116 #
2018/0106(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Persons who report information, particularly about threats or harm to the public interest obtained in the context of their work- related activities, make use of their right to freedom of expression. The right to freedom of expression, enshrined in Article 11 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and in Article 10 of the European Convention on Human Rights (ECHR), encompasses freedom of information as well as media freedom and pluralism.
Amendment 117 #
2018/0106(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Persons need specific legal protection where they acquire the information they report through their work-related activities and theand their decision to refpore run thet it results in a risk of work-related or other retaliation (for instance, for breaching the duty of confidentiality or loyaltyEU legislation on trade secrets). The underlying reason for providing them with protection is their position of economic vulnerability vis-à-vis the person on whom they de facto depend for work. When there is no such work-related power imbalance (for instance in the case of ordinary complainants or citizen bystanders) there is no need for protection against retaliationare reporting or on whom they de facto depend for work.
Amendment 118 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to reporting persons workingand facilitators in the private or public sector who acquired information on breaches in a work-related context including, at least, the following:
Amendment 119 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
a) persons having the status of worker, with the meaning of Article 45 TFEU, regardless of whether they are paid or unpaid;
Amendment 120 #
2018/0106(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Effective enforcement of Union law requires that protection is granted to the broadest possible range of categories of persons, who, irrespective of whether they are EU citizens or third-country nationals, by virtue of work-related activities (irrespective of the nature of these activities, whether they are paid or not), have privileged access to information about breaches that would be in the public’s interest to report and who may suffer retaliation if they report them. Member States should ensure that the need for protection is determined by reference to all the relevant circumstances and not merely by reference to the nature of the relationship, so as to cover the whole range ofall persons connected in a broad sense to the organisation where the breach has occurredto the report.
Amendment 122 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. Without prejudice to Articles 22a, 22b and 22c of Regulation No 31 (EEC), 11 (EAEC), this Directive shall also apply to the officials and the other servants of the European Union and the European Atomic Energy Community who report information on any of the breaches referred to in Article 1.
Amendment 124 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall also apply to reporting persons whose work-based relationship is yet to begin in cases where information concerning a breach has been acquired during the recruitment process or other pre-contractual negotiation and whose work-based relationships that have terminated.
Amendment 128 #
2018/0106(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Protection should also extend to further categories of natural or legal persons, who, whilst not being 'workers' within the meaning of Article 45 TFEU, can play a key role in exposing breaches of the law and may find themselves in a position of economic vulnerability in the context of their work-related activitiesvis-à-vis the legal or natural person reported on. For instance, in areas such as product safety, suppliers are much closer to the source of possible unfair and illicit manufacturing, import or distribution practices of unsafe products; in the implementation of Union funds, consultants providing their services are in a privileged position to draw attention to breaches they witness. Such categories of persons, including self- employed persons providing services, freelance, contractors, sub-contractors and suppliers, are typically subject to retaliation in the form of early termination or cancellation of contract of services, licence or permit, loss of business, loss of income, coercion, intimidation or harassment, blacklisting/business boycotting or damage to their reputation. Shareholders and persons in managerial bodies, may also suffer retaliation, for instance in financial terms or in the form of intimidation or harassment, blacklisting or damage to their reputation. Protection should also be granted to candidates for employment or for providing services to an organisation who acquired the information on breaches of law during the recruitment process or other pre-contractual negotiation stage, and may suffer retaliation for instance in the form of negative employment references or blacklisting/business boycotting.
Amendment 129 #
2018/0106(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Effective whistleblower protection implies protecting also further categories of persons who, whilst not relying on their work-related activities economically, may nevertheless suffer retaliation for exposing breaches. Retaliation against volunteers and unpaid trainees may take the form of no longer making use of their services, or of giving a negative reference for future employment or otherwise damaging their reputation. Retaliation against investigators or reporters could take the form of strategic litigation suits, for example regarding libel or defamation.
Amendment 130 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘breaches’ means actual or potential unlawful activities, omissions or abuse of law relating to the Union acts and, notably in areas falling within the scope referred to in Article 1 and in the Annex;
Amendment 133 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘abuse of law’ means acts or omissions falling within the scope of Union law which do not appear to be unlawful in formal terms but defeat the object or the purpose pursued by the applicable rules or represent a danger or a potential danger to the public interest;
Amendment 134 #
2018/0106(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Effective detection and prevention of serious harm to the public interest requires that the information reported which qualifies for protection covers not only unlawful activities but also abuse of law, namely acts or omissions which do not appear to be unlawful in formal terms but defeat the object or the purpose of the law or otherwise present a real or potential threat to the public interest.
Amendment 135 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘information on breaches’ means evidenceinformation about actual breaches as well as reasonable suspicions about potential breaches which have not yet materialised;
Amendment 136 #
2018/0106(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Effective prevention of breaches of Union law requires that protection is also granted to persons who provide information about potential breaches, which have not yet materialised, but are likely to be committed. For the same reasons, protection is warranted also for persons who do not provide positive evidence but raise reasonable concerns or suspicions. At the same time, protection should not apply to the reporting of informaunsubstantiated rumours and hearsay. Protection should be given to individuals working at institutions which is already in the public domain or of unsubstantiated rumours and hearsayithin the Union, but also to individuals working in European entities located outside Union territory. It should also apply to officials as well as other employees and interns working at the institutions, agencies and bodies of the Union.
Amendment 137 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘report’ means the provision of information relating to a breach which has occurred or is likely to occur in the organisation at which the reporting person works or has worked or in another organisation with which he or she is or was in contact through his or her work;
Amendment 138 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘disclosure’ means making information on breaches acquired within the work-related context available to the public domain;
Amendment 141 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘reporting person’ means a natural or legal person who reports or discloses information on breaches acquired in the context of his or her work-related activities;
Amendment 142 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 9 a (new)
Article 3 – paragraph 1 – point 9 a (new)
(9 a) "facilitator" means a natural or legal person who contributes directly or indirectly to the reporting process;
Amendment 144 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘retaliation’ means any threatened or actual act or omission prompted by the internal or, external reporting which occurs in a work-related context andor disclosure and which causes or may cause unjustified detriment to the reporting person, suspected reporting person or their family members, relatives and facilitators;
Amendment 153 #
2018/0106(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Such channels and procedures shall allow for reporting by employees of the entity. They mayshall allow for reporting by other persons who are in contact with the entity in the context of their work-related activities, referred to in Article 2(1)(b),(c) and (d), but the use of internal channels for reporting shall not be mandatory for these categories of persons.
Amendment 160 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
a) channels for receiving the reports which are designed, set up and operated in a manner that ensures an acknowledgment of the receipt of a report within 5 working days, that ensures the confidentiality or anonymity of the identity of the reporting person and prevents access to non- authorised staff members;
Amendment 161 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
d) a reasonable timeframe, not exceeding three monthirty days following the report, to provide feedback to the reporting person about the follow-up to the report;
Amendment 162 #
2018/0106(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Provided the anonymity or confidentiality of the identity of the reporting person is ensured, it is up to each individual private and public legal entity to define the kind of reporting channels to set up, such as in person, by post, by physical complaint box(es), by telephone hotline or through an online platform (intranet or internet). However, reporting channels should not be limited to those amongst the tools, such as in-person reporting and complaint box(es), which do not guarantee anonymity nor confidentiality of the identity of the reporting person.
Amendment 162 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
d a) the opportunity for the reporting person, with no obligation to do so, to look over, examine and comment on the final report at the end of the investigation, and that his/her comments must be included in the final report, and in the published version of the report, where applicable;
Amendment 163 #
2018/0106(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Third parties may also be authorised to receive reports on behalf of private and public entities, provided they offer appropriate guarantees of respect for independence, confidentiality, the possibility for anonymity data protection and secrecy. These can be external reporting platform providers, external counsel or auditors or trade union representatives.
Amendment 164 #
2018/0106(COD)
Proposal for a directive
Recital 44
Recital 44
(44) Internal reporting procedures should enable private legal entities to receive and investigate in full confidentiality and with respect of anonymity if appropriate reports by the employees of the entity and of its subsidiaries or affiliates (the group), but also, to any extent possible, by any of the group’s agents and suppliers and by any person who acquires information through his/her work-related activities with the entity and the group.
Amendment 164 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point b
Article 5 – paragraph 2 – subparagraph 1 – point b
(b) physical meetings with the person or department designated to receive reports accompanied, if the reporting person requests it, by a union representative, by a representative of civil society or his/her legal representative.
Amendment 169 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
a) establish independent and autonomous external reporting channels, which are both secure and ensure confidentiality , for receiving and handling information provided by the reporting person and allow for anonymous reporting;
Amendment 170 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
b) acknowledge receipt of the report within 5 working days, give feedback to the reporting person about the follow-up of the report within a reasonable timeframe not exceeding three months or six months in duly justified casewo months;
Amendment 171 #
2018/0106(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Persons who are considering reporting breaches of Union law should be able to make an informed decision on whether, how and when to report. Private and public entities having in place internal reporting procedures shall provide information on these procedures as well as on procedures to report externally to relevant competent authorities. Such information must be easily understandable and easily accessible, including, to any extent possible, also to other persons, beyond employees, who come in contact with the entity through their work-related activities, such as service-providers, distributors, suppliers and business partners. For instance, such information may be posted at a visible location accessible to all these persons and to the web of the entity and may also be included in courses and trainings on ethics and integrity. They should also provide information on rights guaranteed to whistleblowers, particularly their right to disclosure guaranteed by this Directive, and their right to turn to civil society organisations involved in whistleblower protection to this end, in particular those who provide strategic and legal advice to whistleblowers.
Amendment 171 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
b a) gives the reporting person the opportunity, without compelling him/her, to look over, examine and comment on the draft report over the course of the investigation, and the final report before it is published at the end of the investigation and, where relevant, take his/her comments into account;
Amendment 172 #
2018/0106(COD)
Proposal for a directive
Recital 48
Recital 48
(48) Effective detection and prevention of breaches of Union law requires ensuring that potential whistleblowers can easily and in full confidentiality and anonymity bring the information they possess to the attention of the relevant competent authorities which are able to investigate and to remedy the problem, where possible.
Amendment 173 #
2018/0106(COD)
Proposal for a directive
Recital 48 a (new)
Recital 48 a (new)
(48a) In all cases, the reporting person should be informed of the investigation’s progress and should be able to access the draft report at least once so as to be able to revise it, comment on it and correct it if necessary, albeit with no obligation to do so. These comments must be incorporated and taken into account in the monitoring of the investigation. The reporting person should be informed of the investigation's outcome and should be able to revise and comment on the final report of the investigation. These comments must be included in the final report.
Amendment 176 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that any authority which has received a report but does not have the competence to address the breach reported transmits it to the competent authority in line with clear procedures for handling all disclosed information securely with due regard to confidentiality or anonymity and that the reporting person is informed.
Amendment 179 #
2018/0106(COD)
Proposal for a directive
Recital 58
Recital 58
(58) Protection of personal data of the reporting and concerned person, as well as of the report itself is crucial in order to avoid unfair treatment or reputational damages due to disclosure of personal data, in particular data revealing the identity of a person concerned. Hence, in line with the requirements of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, hereinafter also referred to as 'GDPR'), competent authorities should establish adequate data protection procedures specifically geared to the protection of the reporting person, the concerned person and any third person referred to in the report that should include a secure system within the competent authority with restricted access rights for authorised staff only.
Amendment 180 #
2018/0106(COD)
Proposal for a directive
Recital 59
Recital 59
(59) The regular review of the procedures of competent authorities and the exchange of good practices between them and competent civil society organisations should guarantee that those procedures are adequate and thus serving their purpose.
Amendment 182 #
2018/0106(COD)
Proposal for a directive
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
c) physical meeting with dedicated staff members of the competent authority. accompanied, if the reporting person requests it, by a union representative by a representative of civil society or his/her legal representative.
Amendment 184 #
2018/0106(COD)
Proposal for a directive
Recital 61
Recital 61
(61) The requirement of a tiered use of reporting channels, as a general rule, is necessary to ensure that the information gets to the persons who can contribute to the early and effective resolution of risks to the public interest as well as to prevent unjustified reputational damage from public disclosure. At the same time, some exceptions to its application are necessary, allowing the reporting person to choose the most appropriate channel depending on the individual circumstances of the case. Moreover, iIt is necessary to protect public disclosures taking into account democratic principles such as transparency and accountability, and fundamental rights such as freedom of expression and media freedom, whilst balancing the interest of employers to manage their organisations and to protect their interests with the interest of the public to be protected from harm, in line with the criteria developed in the case-law of the European Court of Human Rights57 . _________________ 57 One of the criteria for determining whether retaliation against whistleblowers making public disclosures interferes with freedom of expression in a way which is not necessary in a democratic society, is whether the persons who made the disclosure had at their disposal alternative channels for making the disclosure; see, for instance, Guja v. Moldova [GC], no 14277/04, ECHR 2008.
Amendment 185 #
2018/0106(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall establish procedures to ensure that, where a report being initially addressed to a person whoor to an authority that has not been designated as responsible handler for reports that person is refrained from disclosing any information that might identify the reporting or the concerned person., clear procedures are established for handling all disclosed information securely with due regard to confidentiality or anonymity;
Amendment 187 #
2018/0106(COD)
Proposal for a directive
Recital 62
Recital 62
Amendment 190 #
2018/0106(COD)
Proposal for a directive
Recital 63
Recital 63
Amendment 195 #
2018/0106(COD)
Proposal for a directive
Recital 65
Recital 65
(65) Reporting persons should be protected against any form of retaliation, whether direct or indirect, taken by their employer or customer/recipient of services and by persons working for or acting on behalf of the latter, including co-workers and managers in the same organisation or in other organisations with which the reporting person is in contact in the context of his/her work-related activities, where retaliation is recommended or tolerated by the concerned person. Protection should be provided against retaliatory measures taken vis-à-vis the reporting person him/herself but also those that may be taken vis-à-vis the legal entity he/she represents, such as denial of provision of services, blacklisting or business boycotting. Protection against retaliation should also be granted to natural or legal persons closely linked to the reporting person, irrespective of the nature of the activities, and whether they are paid or not. Indirect retaliation also includes actions taken against relatives of the reporting person who are also in a work-related connection with the latter’s employer or customer/recipient of services and workers’ representatives who have provided support to the reporting person.
Amendment 197 #
2018/0106(COD)
Proposal for a directive
Recital 67
Recital 67
(67) Potential whistleblowers who are not sure about how to report or whether they will be protected in the end may be discouraged from reporting. Member States should ensure that relevant information is provided in a user-friendly way and is easily accessible to the general public and support the work of CSOs providing this information. Individual, impartial and confidential advice, free of charge, should be available on, for example, whether the information in question is covered by the applicable rules on whistleblower protection, which reporting channel may best be used and which alternative procedures are available in case the information is not covered by the applicable rules (‘signposting’). Access to such advice can help ensure that reports are made through the appropriate channels, in a responsible manner and that breaches and wrongdoings are detected in a timely manner or even prevented.
Amendment 204 #
2018/0106(COD)
Proposal for a directive
Recital 74
Recital 74
(74) Action taken against reporting persons outside the work-related context, through proceedings, for instance, related to defamation, breach of copyright, trade secrets, confidentiality and personal data protection, can also pose a serious deterrent to whistleblowing. The protection of whistleblowers provided for in this Directive shall prevail over Directive (EU) 2016/943 of the European Parliament and of the Council58 exempts reporting persons from the civil redress measures, procedures and remedies it provides for that, in case the alleged acquisition, use or disclosure of the trade secret was carried out for revealingcan reasonably be assumed to serve as proof of actual misconduct, wrongdoing or illegal activity, provided that the respondent acted for the purpose of protecting the general public interest. Also in other proceedings, reporting persons should be able to rely on having made a report or disclosure in accordance with this Directive as a defence. In such cases, the person initiating the proceedings should carry the burden to prove any intent on the part of the reporting person to violate the law. _________________ 58 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).
Amendment 206 #
2018/0106(COD)
Proposal for a directive
Recital 75
Recital 75
(75) A significant cost for reporting persons contesting retaliation measures taken against them in legal proceedings can be the relevant legal fees. Although they could recover these fees at the end of the proceedings, they might not be able to cover them up front, especially if they are unemployed and blacklisted. Assistance for criminal legal proceedings, particularly in accordance with the provisions of Directive (EU) 2016/1919 of the European Parliament and of the Council59 and more generally support to those who are in serious financial need might be key, in certain cases,is key for the effective enforcement of their rights to protection. _________________ 59 Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings (OJ L 297 4.11.2016, p. 1).
Amendment 207 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A reporting person shall qualify for protection under this Directive provided he or she has reasonable grounds to believe that the information reported was true at the time of reporting and that this information falls within the scope of this Directive regardless of the reporting channel chosen.
Amendment 209 #
2018/0106(COD)
Proposal for a directive
Recital 77
Recital 77
(77) Any person who suffers prejudice, whether directly or indirectly, as a consequence of the reporting or disclosure of inaccurate or misleading information should retain the protection and the remedies available to him or her under the rules of general law. Where sufficient evidence has been produced demonstrating that such inaccurate or misleading report or disclosure was made deliberately and knowingly, the concerned persons should be entitled to compensation in accordance with national law.
Amendment 210 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. A person who anonymously reported information on breach and whose identity was revealed shall also qualify for protection under this Directive.
Amendment 211 #
2018/0106(COD)
Proposal for a directive
Recital 78
Recital 78
(78) Penalties are necessary to ensure the effectiveness of the rules on whistleblower protection. Penalties against those who take retaliatory or other adverse actions against reporting persons can discourage further such actions. Penalties against persons who make a report or disclosure demonstrated to be knowingly false are necessary to deter further malicious reporting and preserve the credibility of the system. The proportionality of such penalties should ensure that they do not have a dissuasive effect on potential whistleblowers.
Amendment 212 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 214 #
2018/0106(COD)
Proposal for a directive
Recital 80
Recital 80
(80) This Directive introduces minimum standards and Member States should have the power and be encouraged to introduce or maintain more favourable provisions to the reporting person, provided that such provisions do not interfere with the measures for the protection of concerned persons.
Amendment 215 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 217 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
Member States shall take the necessary measures to prohibit any form of retaliation, whether direct or indirect, against reporting persons meeting the conditions set out in Article 13, or any kinds of actions, whether direct or indirect, that could discourage reporting persons from exercising the rights protected by this Directive, including in particular in the form of:
Amendment 222 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to enhancing the enforcement of Union law and policies in specific areas, this Directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or, abuse of law or threats to the public interest, including:
Amendment 224 #
2018/0106(COD)
Proposal for a directive
Article 15 – paragraph 8 a (new)
Article 15 – paragraph 8 a (new)
8 a. Member States shall ensure that, following an individual assessment, any third country national who reports information falling into the scope of this directive and suffers from a well-founded fear of persecution or would face a real risk of suffering serious harm because of the report and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country can be considered as qualifying as a refugee beneficiary of subsidiary protection in accordance with chapters II and III of Directive 2011/95/EU.
Amendment 227 #
2018/0106(COD)
Proposal for a directive
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
d) breach the duty of maintaining the confidentiality of the identity of reporting persons or take actions that uncover or aim at uncovering the identity of the reporting persons in case of anonymous reporting.
Amendment 229 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – introductory part
Article 1 – paragraph 1 – point a – introductory part
(a) breaches falling within the scope of the Union acts set out in the Annex (Part I and Part II) as regards, including but not limited to the following areas:
Amendment 229 #
2018/0106(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 232 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – point ii
Article 1 – paragraph 1 – point a – point ii
(ii) financial services, prevention of money laundering and terrorist financing, corruption and organised crime;
Amendment 233 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – point v
Article 1 – paragraph 1 – point a – point v
(v) protection of the environment, sustainable development, waste management, sea, air and noise pollution, protection and management of water and soils, protecting the natural world and biodiversity as well as combating climate change and wildlife crime;
Amendment 234 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – point viii
Article 1 – paragraph 1 – point a – point viii
(viii) public health or public safety ;
Amendment 235 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – point x a (new)
Article 1 – paragraph 1 – point a – point x a (new)
(xa) employment and working conditions;
Amendment 237 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – point x b (new)
Article 1 – paragraph 1 – point a – point x b (new)
(xb) tax fraud, tax evasion and tax optimisation;
Amendment 238 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – point x c (new)
Article 1 – paragraph 1 – point a – point x c (new)
(xc) violations of human rights or of the rights enshrined in the European Charter of Fundamental Rights;
Amendment 239 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – point x d (new)
Article 1 – paragraph 1 – point a – point x d (new)
(xd) company law;
Amendment 241 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) competition law, especially breaches of Articles 101, 102, 106, 107 and 108 TFEU and breaches falling within the scope of Council Regulation (EC) No 1/2003 and Council Regulation (EU) No 2015/1589;
Amendment 243 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) breaches relating to the internal market, as referred to in Article 26(2) TFEU, particularly as regards acts which breach the rules of corporate tax or arrangements whose purpose is to obtain a tax advantage that defeats the object or purpose of the applicable corporate tax law.
Amendment 246 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Where specific rules on the reporting of breaches are provided for in sector-specific Union acts listed in Part 2 of the Annex, those rules shall apply. The provisions of this Directive shall be applicable for all matters relating to the protection of reporting persons not regulated in those sector-specific Union acts. This paragraph shall apply only in cases where the protection foreseen in sector-specific acts is higher than the one guaranteed by this directive.
Amendment 253 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to reporting persons workingand facilitators in the private or public sector who acquired information on breaches in a work-related context including, at least, the following:
Amendment 255 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) persons having the status of worker, or former workers, with the meaning of Article 45 TFEU, regardless of whether they are paid or unpaid;
Amendment 265 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) any persons working under the supervision and direction of contractors, subcontractors, service providers and suppliers.
Amendment 271 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall also apply to reporting persons whose work-based relationship is yet to begin in cases where information concerning a breach has been acquired during the recruitment process or other pre-contractual negotiation and to work-based relationships that have terminated .
Amendment 275 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. Without prejudice to Articles 22a, 22b and 22c of Regulation No 31 (EEC), 11 (EAEC), this Directive shall also apply to the officials and the other servants of the European Union and the European Atomic Energy Community who report information on any of the breaches referred to in Article 1.
Amendment 284 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘breaches’ means actual or potential unlawful activities, omissions or abuse of law relating to the Union acts and, notably in areas falling within the scope referred to in Article 1 and in the Annex;
Amendment 292 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘abuse of law’ means acts or omissions falling within the scope of Union law which do not appear to be unlawful in formal terms but defeat the object or the purpose pursued by the applicable rules or represent a danger or a potential danger to the public interest;
Amendment 297 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘information on breaches’ means evidenceinformation about actual breaches as well as reasonable suspicions about potential breaches which have not yet materialised;
Amendment 300 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘report’ means the provision of information relating to a breach which has occurred or is likely to occur in the organisation at whichand/or in the event of a serious, imminent threat or where the reporting person works or has worked or in another organisation with which he or she is or was in contact through his or her work is a risk of irreversible damage to human life, the environment and/or public health;
Amendment 301 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘reporting person’ means a natural or legal person who reports or discloses information on breaches acquired in the context of his or her work-related activitior who contributes, assists or aids to reveal or make public information on breaches;
Amendment 303 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘disclosure’ means making information on breaches acquired within the work-related context available to the public domain;
Amendment 309 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘retaliation’ means any threatened or actual act or omission prompted by the internal or, external reporting which occurs in a work-related context andor disclosure and which causes or may cause unjustified detriment to the reporting person, suspected reporting person or their family members, relatives and facilitators;
Amendment 315 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘follow-up’ means any action taken by the recipient of the report, made internally or externally, to assess the accuracy of the allegations made in the report and, where relevant, to address the breach reported, including actions such as internal enquiry, investigation, prosecution, action for recovery of funds and closure as well as any other appropriate remedial or mitigation action;
Amendment 321 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
(14) ‘competent authority’ means any nationallegally responsible Union or Member State authority entitled to receive reports in accordance with Chapter III and designated to carry out the duties provided for in this Directive, in particular as regards the follow up of reports. These include but are not limited to: a) Competent agencies; b) Law enforcement, including investigative authorities, such as police and prosecution authorities; c) Oversight agencies including for example inspection bodies and state auditors; d) Elected officials including Members of Parliament, parliamentary committees; or e) Any other specialised agencies or commissions, such as ombudspersons, data protection authorities or any other body established to receive complaints.
Amendment 329 #
2018/0106(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Such channels and procedures shall allow for reporting by employees of the entity. They mayshall allow for reporting by other persons who are in contact with the entity in the context of their work-related activities, referred to in Article 2(1)(b), (c) and (d), but the use of internal channels for reporting shall not be mandatory for these categories of persons.
Amendment 336 #
2018/0106(COD)
Proposal for a directive
Article 4 – paragraph 3 – point c a (new)
Article 4 – paragraph 3 – point c a (new)
ca) private legal entities of any size whose conducted activities are likely to constitute a danger to the environment or to public health.
Amendment 350 #
2018/0106(COD)
Proposal for a directive
Article 4 – paragraph 6 – point d a (new)
Article 4 – paragraph 6 – point d a (new)
da) European Union institutions, agencies and bodies.
Amendment 352 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
a) channels for receiving the reports which are designed, set up and operated in a manner that ensures an acknowledgement of the receipt of a report within 5 working days, that ensures the confidentiality or anonymity of the identity of the reporting person and prevents access to non-authorised staff members;. Recipients of disclosed information within the workplace shall include, but not be limited to: - Line-managers, superiors or representatives of the organisation; - Human resources, ethics officers, work councils or other bodies in charge of mediating conflicts at work, including conflicts of interest; - Internal financial oversight bodies within the organisation; - Disciplinary bodies within the organisation.
Amendment 356 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
c) diligent follow up to the report by the designated person or department; and appropriate and timely action if needed;
Amendment 360 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
d) a reasonable timeframe, not exceeding three month30 days following the report, to provide feedback to the reporting person about the follow-up to the report;
Amendment 361 #
2018/0106(COD)
da) the opportunity for the reporting person, with no obligation to do so, to look over, examine and comment on the final report at the end of the investigation, and that his/her comments must be included in the final report, and in the published version of the report, where applicable;
Amendment 364 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point a
Article 5 – paragraph 2 – subparagraph 1 – point a
(a) written reports in electronic or paper format and/or oral report through telephone lines, whether recorded or unrecorded in case the phone conversation is recorded, the prior consent of the reporting person is necessary;
Amendment 366 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point b
Article 5 – paragraph 2 – subparagraph 1 – point b
(b) physical meetings with the person or department designated to receive reports accompanied, if the reporting person requests it, by a union representative, by a representative of civil society or his/her legal representative.
Amendment 367 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Reporting channels, including digital mechanisms, and institutional arrangements shall provide for safe, secure, confidential and anonymous disclosures.
Amendment 374 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
a) establish independent and autonomous external reporting channels, which are both secure and ensure confidentiality, for receiving and handling information provided by the reporting person and allow for anonymous reporting;
Amendment 375 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
b) acknowledge receipt of the report within 5 working days, give feedback to the reporting person about the follow-up of the report within a reasonable timeframe not exceeding three months or six months in duly justified casewo months;
Amendment 376 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
ba) gives the reporting person the opportunity, without compelling him/her, to look over, examine and comment on the draft report over the course of the investigation, and the final report before it is published at the end of the investigation and, where relevant, take his/her comments into account.
Amendment 379 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Reporting channels, including digital mechanisms, and institutional arrangements shall provide for safe, secure, confidential and anonymous disclosures.
Amendment 382 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that any authority which has received a report but does not have the competence to address the breach reported transmits it to the competent authority and that the reporting person is informed. Member States shall ensure that competent authorities receiving reports they do not have competence to address have clear procedures for handling all disclosed information securely with due regard to confidentiality or anonymity.
Amendment 390 #
2018/0106(COD)
Proposal for a directive
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
ca) they guarantee free and independent advice and legal support for reporting persons and intermediaries.
Amendment 391 #
2018/0106(COD)
Proposal for a directive
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
c) physical meeting with dedicated staff members of the competent authority accompanied, if the reporting person requests it, by a union representative by a representative of civil society or his/her legal representative.
Amendment 393 #
2018/0106(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States and EU Bodies shall establish procedures to ensure that, where a report being initially addressed to a person who has not been designated as responsible handler for reports that person is refrained from disclosing any information that might identify the reporting or the concerned person.
Amendment 396 #
2018/0106(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that competent authorities have an adequate number of competent staff members dedicated to handling reports. Dedicated staff members shall receive specific training for the purposes of handling reports.
Amendment 402 #
2018/0106(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
b) a reasonable timeframe, not exceeding threewo months or sixfour months in duly justified cases, for giving feed-back to the reporting person about the follow-up of the report and the type and content of this feed-back;
Amendment 404 #
2018/0106(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c a (new)
Article 9 – paragraph 1 – point c a (new)
ca) giving the reporting person the opportunity, without compelling him/her, to look over, examine and comment on the draft report over the course of the investigation, and the final report before it is published at the end of the investigation and, where relevant, take his/her comments into account.
Amendment 413 #
2018/0106(COD)
Proposal for a directive
Article 10 – paragraph 1 – point g a (new)
Article 10 – paragraph 1 – point g a (new)
ga) contact information of CSOs where legal advice can be obtained free of charge.
Amendment 428 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A reporting person shall qualify for protection under this Directive provided he or she has reasonable grounds to believe that the information reported was true at the time of reporting and that this information falls within the scope of this Directive, regardless of the reporting channel.
Amendment 435 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. A person reporting externallywho anonymously disclosed information that falls within the scope of this directive and whose identity was revealed shall also qualify for protection under this Ddirective where one of the following conditions is fulfilled :.
Amendment 436 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
Amendment 437 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
Amendment 440 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 2 – point d
Article 13 – paragraph 2 – point d
d) he or she could not reasonably be expected to use internal reporting channels in light of the subject-matter of the report;eleted
Amendment 443 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 2 – point e
Article 13 – paragraph 2 – point e
Amendment 444 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 2 – point f
Article 13 – paragraph 2 – point f
Amendment 449 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 464 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
Member States shall take the necessary measures to prohibit any form of retaliation, whether direct or indirect, against reporting persons meeting the conditions set out in Article 13, or any kinds of actions, whether direct or indirect, that could chill whistleblowers from exercising the rights protected by this Directive, including in particular in the form of:
Amendment 465 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point g
Article 14 – paragraph 1 – point g
g) coercion, intimidation, harassment or ostracism at the workplace, discrimination or ostracism;
Amendment 466 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point k
Article 14 – paragraph 1 – point k
k) damage, including to the person’s reputation, particularly on social media, or financial loss, including loss of business and loss of income;
Amendment 469 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point n a (new)
Article 14 – paragraph 1 – point n a (new)
na) mandatory psychiatric or medical referrals;
Amendment 471 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point n b (new)
Article 14 – paragraph 1 – point n b (new)
nb) loss of benefits or status;
Amendment 472 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point n c (new)
Article 14 – paragraph 1 – point n c (new)
nc) retaliatory investigations;
Amendment 473 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point n d (new)
Article 14 – paragraph 1 – point n d (new)
n d) cancellation of duties;
Amendment 474 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point n e (new)
Article 14 – paragraph 1 – point n e (new)
n e) suspension of revocation of security clearance;
Amendment 475 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point n f (new)
Article 14 – paragraph 1 – point n f (new)
n f) obstruction or cancellation of retirement benefits;
Amendment 476 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point n g (new)
Article 14 – paragraph 1 – point n g (new)
n g) failure by managers to make reasonable efforts to prevent retaliation;
Amendment 477 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point n h (new)
Article 14 – paragraph 1 – point n h (new)
n h) initiation of retaliatory lawsuits or prosecutions;
Amendment 478 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point n i (new)
Article 14 – paragraph 1 – point n i (new)
n i) wilful ignorance of the retaliation by a supervisor or supervisory body who are tasked with monitoring the protected person;
Amendment 479 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point n j (new)
Article 14 – paragraph 1 – point n j (new)
n j) breaching the confidentiality and anonymity of the reporting person and other persons protected by this Directive;
Amendment 480 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point n k (new)
Article 14 – paragraph 1 – point n k (new)
n k) denying the rights of defence, including excessive delays in the handling of cases within the place of work;
Amendment 485 #
2018/0106(COD)
Proposal for a directive
Article 15 – paragraph 7
Article 15 – paragraph 7
7. In addition to the exemption from measures, procedures and remedies provided for in Directive (EU) 2016/943, in judicial proceedings, including for defamation, breach of copyright, breach of secrecy or for compensation requests based on private, public, or on collective labour law, reporting persons shall have the right to rely on having made a report or disclosure in accordance with this Directive to seek dismissal. The reporting persons shall benefit from the best protective measures in Member States where the entity in question, or the group of which it is a subsidiary, are located wherever relevant.
Amendment 494 #
2018/0106(COD)
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16 a Rights of Persons Implicated Member States shall ensure that any findings or reports resulting from an assessment or an investigation of, or prompted by, one or more protected disclosure(s) does not unjustly prejudice any individual, whether directly or indirectly. The right to a fair hearing or trial shall also be fully respected.
Amendment 499 #
2018/0106(COD)
Proposal for a directive
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
d) breach the duty of maintaining the confidentiality or the anonymity of the identity of reporting persons.
Amendment 502 #
2018/0106(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall provide for effective, proportionate and dissuasive penalties applicable to persons making malicious or abusive reports or disclosures, including measures for compensating persons who have suffered damage from malicious or abusive reports or disclosures by retaining the protection and applying the rules of general law.
Amendment 505 #
2018/0106(COD)
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17 a No Waiver of Rights and Remedies The rights and remedies provided for under this Directive may not be waived or limited by any agreement, policy, form or condition of employment, including by any pre-dispute arbitration agreement. Any attempt to waive or limit these rights and remedies shall be considered void and unenforceable and may be subject to penalty or sanction.
Amendment 516 #
2018/0106(COD)
Proposal for a directive
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. When transposing this directive Member States may consider the establishment of an independent whistleblower protection authority.
Amendment 518 #
Amendment 519 #
Amendment 520 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point A
Annex I – part I – point A
Amendment 521 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point A – point 1
Annex I – part I – point A – point 1
Amendment 522 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point A – point 1 – point i
Annex I – part I – point A – point 1 – point i
Amendment 523 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point A – point 1 – point ii
Annex I – part I – point A – point 1 – point ii
Amendment 524 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point A – point 1 – point iii
Annex I – part I – point A – point 1 – point iii
Amendment 525 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point A – point 1 – point iv
Annex I – part I – point A – point 1 – point iv
Amendment 526 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point A – point 2
Annex I – part I – point A – point 2
Amendment 528 #
2018/0106(COD)
Amendment 529 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point A – point 2 – point ii
Annex I – part I – point A – point 2 – point ii
Amendment 530 #
Amendment 531 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point B – paragraph 1 – introductory part
Annex I – part I – point B – paragraph 1 – introductory part
Amendment 533 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point B – paragraph 1 – point i
Annex I – part I – point B – paragraph 1 – point i
Amendment 534 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point B – paragraph 1 – point ii
Annex I – part I – point B – paragraph 1 – point ii
Amendment 535 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point B – paragraph 1 – point iii
Annex I – part I – point B – paragraph 1 – point iii
Amendment 536 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point B – paragraph 1 – point iv
Annex I – part I – point B – paragraph 1 – point iv
Amendment 537 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point B – paragraph 1 – point v
Annex I – part I – point B – paragraph 1 – point v
Amendment 538 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point B – paragraph 1 – point vi
Annex I – part I – point B – paragraph 1 – point vi
Amendment 539 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point B – paragraph 1 – point vii
Annex I – part I – point B – paragraph 1 – point vii
Amendment 540 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point B – paragraph 1 – point viii
Annex I – part I – point B – paragraph 1 – point viii
Amendment 541 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point B – paragraph 1 – point ix
Annex I – part I – point B – paragraph 1 – point ix
Amendment 542 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point B – paragraph 1 – point x
Annex I – part I – point B – paragraph 1 – point x
Amendment 543 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point B – paragraph 1 – point xi
Annex I – part I – point B – paragraph 1 – point xi
Amendment 544 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point C
Annex I – part I – point C
Amendment 545 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point C – point 1
Annex I – part I – point C – point 1
Amendment 547 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point C – point 1 – point ii
Annex I – part I – point C – point 1 – point ii
Amendment 548 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point C – point 1 – point iii
Annex I – part I – point C – point 1 – point iii
Amendment 549 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point C – point 2
Annex I – part I – point C – point 2
Amendment 551 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point D
Annex I – part I – point D
Amendment 552 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point D – point 1
Annex I – part I – point D – point 1
Amendment 553 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point D – point 2
Annex I – part I – point D – point 2
Amendment 554 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point D – point 3
Annex I – part I – point D – point 3
Amendment 556 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point D – point 4
Annex I – part I – point D – point 4
Amendment 558 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point E
Annex I – part I – point E
Amendment 563 #
2018/0106(COD)
Amendment 565 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point G
Annex I – part I – point G
Amendment 567 #
Amendment 570 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point I
Annex I – part I – point I
Amendment 572 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – point J
Annex I – part I – point J
Amendment 575 #
Amendment 576 #
Amendment 577 #
2018/0106(COD)
Proposal for a directive
Annex I – part II – point B
Annex I – part II – point B
Amendment 578 #
2018/0106(COD)
Proposal for a directive
Annex I – part II – point C
Annex I – part II – point C
Amendment 57 #
2018/0064(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a European Labour Authority and Social Security (text with relevance for the EEA and for Switzerland)
Amendment 63 #
2018/0064(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The free movement of workerpersons, freedom of establishment and freedom to provide services are fundamental principles of the internal market of the Union, enshrined in the Treaty on the Functioning of the European Union (TFEU).
Amendment 65 #
2018/0064(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Pursuant to Article 3 TEU, the Union is to work for a highly competitive social market economy, aiming at full employment and social progress and promote social justice and protection. In accordance with Article 9 TFEU, the Union, in defining and implementing its policies and activities, is to take into account requirements linked to, inter alia, the promotion of a high level of employment, the guarantee of an adequate social protection, the fight against social exclusion as well as discrimination, and the promotion of a high level of education, training and the protection of human health.
Amendment 71 #
2018/0064(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour and Social Security Authority (the ‘Authority’) should be established in order to help strengthen fairnesssocial justice and trust in the Single Market. To that effect, the Authority should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross- border labour mobility and other situations as well as access to relevant services, support compliance and cooperation between the Member States to ensure the effective application and enforcement of the Union law in these areas, and mediate and facilitate a solution in case of cross- border disputes or labour market disruptions.
Amendment 81 #
2018/0064(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared work. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third-country nationalundeclared work and restrictions on rights and benefits, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 87 #
2018/0064(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To ensure they can benefit from a fairsocially just and effective internal market, the Authority should promote opportunities for individuals and employers to be mobile or provide services and recruit anywhere within the Union. This includes supporting the cross-border mobility of individuals by facilitating access to cross-border mobility services, such as the cross-border matching of jobs, traineeships and apprenticeships and by promoting mobility schemes such as 'Your first EURES job' or 'ErasmusPRO’ as well as facilitating access to all other relevant services in the Member State of residence or stay, such as healthcare. The Authority should also contribute to improving transparency of information, including on rights and obligations stemming from Union law, and access to services to individuals and employers, in cooperation with other Union information services, such as Your Europe Advice, and taking full advantage and ensuring consistency with the Your Europe portal, which will form the backbone of the future single digital gateway53 . _________________ 53 Regulation [Single Digital Gateway – COM(2017)256]
Amendment 96 #
2018/0064(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In view of the fairjust, simple and effective application of Union law, the Authority should support cooperation and timely exchange of information between Member States. Together with other staff, National Liaison Officers working within the Authority should support Member States’ compliance with cooperation obligations, speed up exchanges between them through procedures dedicated to reducing delays, and ensure links with other national liaison offices, bodies, and contact points established under Union law. The Authority should encourage the use of innovative approaches to effective and efficient cross-border cooperation, including electronic data exchange tools such as the Electronic Exchange of Social Security Information (EESSI) system and the Internal Market Information (IMI) system, and should contribute to further digitalising procedures and improving IT tools used for message exchange between national authorities.
Amendment 97 #
2018/0064(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To increase Member States' capacity, to ensure protection of people exercising their free movement rights and to tackle irregularities with a cross-border dimension in relation to Union law within its scope, the Authority should support the national authorities and social partners in carrying out national concerted and joint inspections, including by facilitating the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of Member States or upon their agreement to the Authority's suggestion. The Authority should provide strategic, logistical, and technical support to Member States participating in the national concerted or joint inspections in full respect of confidentiality requirements. Inspections should be carried out in agreement with the Member States concerned and take place fully within the legal framework of national law of Member States concerned, which should follow up on the outcomes of the national concerted and joint inspections according to national law.
Amendment 101 #
2018/0064(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to keep track of emerging trends, challenges, or loopholes, gaps and inconsistencies in the areas of labour mobility and social security coordination as well as other related areas, the Authority should develop an analytical and risk assessment capacity. This should involve carrying out labour market analyses and studies, as well as peer reviews. The authority should monitor potential imbalances in terms of skills and cross-border labour flows, including their possible impact on territorial cohesion. The Authority should also support the risk assessment referred to in Article 10 of Directive 2014/67/EU. The Authority should ensure synergies and complementarity with other Union Agencies or services or networks. This should include seeking input from SOLVIT and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the Authority. The Authority should also facilitate and streamline data collection activities provided for by the relevant Union laws within its scope. This does not entail the creation of new reporting obligations for Member States.
Amendment 102 #
2018/0064(COD)
(17) The Authority should provide a platform for resolving disputes between Member States in relation to the application of Union law that falls within its scope. It should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination, which are valued by Member States60 and their importance is recognised by the Court of Justice61 . Member States should be able to refer cases to the Authority for mediation according to standard procedures put in place for this purpose. TIn those cases, the Authority should ohear the Member States as well as the persons concerned to ensure it has a full picture of the situation. The Authority should mainly deal with disputes between Member States, while individuals and employers facing difficulties with exercising their Union rights should primarily continue to have at their disposal the national and Union services dedicated to dealing with such cases, such as the SOLVIT network to which the Authority should refer such cases. TWhe SOLVIT network should also be able ton, however, the Authority, following a prima facie assessment, considers it would be better to directly deal with the case concerned, it should do so. Upon its own initiative or at the request of a person concerned, the SOLVIT network refer to the Authority for its consideration cases brought to their attention in which the problem canis not being solved, for example due to differences between national administrations or when no solution has been provided to the person concerned in due time. _________________ 60 Council, Partial general approach of 26 October 2017 on the proposal for a Regulation amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 13645/1/17. 61 Case C-236/88 EU:C:1990:303, paragraph 17; Case C-202/97 EU:C:2000:75, paragraphs 57-58; Case C- 178/97 EU:C:2000:169, paragraphs 44-45; Case C-2/05 EU:C:2006:69, paragraphs 28-29; Case C-12/14 EU:C:2016:135, paragraphs 39-41; Case C-359/16 EU:C:2018:63, paragraphs 44-45.
Amendment 106 #
2018/0064(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) To facilitate the management of labour market adjustments, the Authority should facilitate cooperation among relevant stakeholders in order to address labour market disruptions affecting more than one Member State, such as cases of restructuring or major projects impacting employment in border regions. The Authority should also facilitate such cooperation to address structural problems in access to labour and social rights due to inconsistencies between national schemes, such as differences in pension age, access to benefits for self- employed persons or in assessing to what extent a person with a disability is fit for work.
Amendment 108 #
2018/0064(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Member States, the social partners, experts nominated by the European Parliament, and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the Authority. The composition of the Management Board, including the selection of its Chair and Deputy-Chairs, should respect the principles of gender balance, experience and qualification. In view of the effective and efficient functioning of the Authority, the Management Board, in particular, should adopt an annual work programme, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. Representatives from countries other than Union Member States, which are applying the Union rules within the scope of the Authority, may participate in the meetings of the Management Board as observers.
Amendment 114 #
2018/0064(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Authority should directly rely on the expertise of relevant stakeholders in the areas under its scope through a dedicated Stakeholder Group. The members should be representatives of Union-level social partners and civil society organisations as part of the transparent and regular dialogue with representative associations and civil society in accordance with Article 11(1)and (2) TFEU. In carrying out its activities, the Stakeholder Group will take due account of the opinions and draw on the expertise of the Advisory Committee for the Coordination of Social Security Systems established by Regulation (EC) No 883/2004 and the Advisory Committee on the Free Movement of Workers established pursuant to Regulation (EU) No 492/2011.
Amendment 125 #
2018/0064(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Since the objectives of this Regulation to support the free movement of workerpersons and services and to contribute to strengthening fairnesssocial justice in the internal market cannot be sufficiently achieved by the Member States acting in an uncoordinated manner, but can rather, by reason of the cross-border nature of those activities and the need for increased cooperation between Member States, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 126 #
2018/0064(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, as referred to in Article 6 of the Treaty on European Union, as well as in full respect of applicable international labour and human rights law,
Amendment 131 #
2018/0064(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the European Labour and Social Security Authority (‘the Authority’).
Amendment 132 #
2018/0064(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authority shall contribute to the consistent, efficient and effective application of European labour and social legislation as well as equal access to social security and adequate social protection for all persons using their free movement rights. The Authority shall assist Member States and the Commission in matters relating to cross-border labour mobility and the coordination of social security systems within the Union.
Amendment 140 #
2018/0064(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The Authority shall facilitate and support a reinforced cooperation between Member States, social partners, other stakeholders and the Commission in all labour and social matters with a cross- border dimension.
Amendment 141 #
2018/0064(COD)
Proposal for a regulation
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
Amendment 146 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The objective of the Authority shall be to contribute to ensuring fair labnon-precariours mobility in the internalEuropean Union market. To this end, the Authority shall:
Amendment 156 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) mediate and facilitate a solution in cases of cross-border disputes between national authorities or labour market disruptions, labour market disruptions or cross-border enforcement problems.
Amendment 160 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) facilitate and improve access to information by individuals and employers on rights and obligations in cross-border situations as well as access torelated to free movement as well as access to relevant services, including social services, in particular health care and cross-border labour mobility services, in accordance with Articles 6 and 7;
Amendment 165 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) carry out analyses and risk assessments on issues of cross-border labour mobilityrelated to persons exercising their right of free movement, and propose follow-up policy measures and operational actions, in accordance with Article 11;
Amendment 168 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) support Member States and all relevant social partners and stakeholders with capacity-building regarding the effective enforcement of relevant Union law, in accordance with Article 12;
Amendment 170 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f a (new)
Article 5 – paragraph 1 – point f a (new)
(fa) mediate in disputes between persons and Member States' authorities on the application of relevant Union law, in accordance with Article 13a;
Amendment 172 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(ga) facilitate cooperation between relevant stakeholders in the event of structural problems in access to labour and social rights due to gaps or inconsistencies between Member States’ systems, in accordance with Article 14a;
Amendment 173 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g b (new)
Article 5 – paragraph 1 – point g b (new)
(gb) advise the European Parliament, the Council and the Commission on any initiative which it considers to be appropriate to encourage the effective enforcement of Union law in relation to people exercising their right of free movement;
Amendment 175 #
2018/0064(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
6 Information on cross-border labour mobility
Amendment 177 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
The Authority shall improve the availability, quality and accessibility of information offered to individuals and employers to facilitate labour mobility across the Union, in accordance with Regulation (EU) 589/2016 on EURES and Regulation [Single Digital Gateway – COM(2017)256]. To that end, the Authority shall:
Amendment 178 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) provide relevant information on theall rights and obligations of individuals in cross-border labour mobility situations especially with regard to social security rights, taxation, rights at work and social protection;
Amendment 185 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) provide relevant information to employsocial partners, relevant stakeholders and employers, workers and job seekers on labour rules, and the living and working conditions applicable to workers in cross-borderfree movement labour mobility situations, including postedfrontier and posted workers, EU Blue Card holders, intra-corporate transferees, long-term residents, and the family members of those workers;
Amendment 194 #
2018/0064(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
7 Access to cross-border labour mobility services and other relevant services
Amendment 196 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Authority shall provide services to individuals and employers to facilitate labour mobility across the Union. To that end, the Authority shall in particular:
Amendment 198 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) cooperate with other Union initiatives and networks, such as the European Network of Public Employment Services, the European Enterprise Network and the Border Focal Point as well as civil society organisations active in the field, in particular to identify and overcome cross- border obstacles to labour mobility;
Amendment 201 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
The Authority shall facilitate cooperation between Member States , social partners and relevant stakeholders, and support their effective compliance with cooperation obligations, including on information exchange, as defined in Union law within the scope of the Authority’s competences.
Amendment 214 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point e
Article 8 – paragraph 1 – subparagraph 2 – point e
(e) report to the Commission on a quarterly basis about unresolved requests between Member States, and if considered necessary, refer those to mediation in accordance with Article 13 and Article 13a.
Amendment 218 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Authority shall promote and monitor the use of electronic tools and procedures for message exchange between national authorities, including the Internal Market Information (IMI) system and the Electronic Exchange of Social Security Information (EESSI) system.
Amendment 221 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
Amendment 231 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. An agreement for setting up a joint inspection ('the joint inspection agreement') between the participating Member States, and/or social partners and relevant stakeholders with a legitimate interest and the Authority shall set out the conditions for carrying out such an exercise. The joint inspection agreement mayshall include provisions which enable joint inspections, once agreed and planned, to take place at short notice. The Authority shall develop binding guidelines for concerted and joint inspections and establish a model agreement.
Amendment 236 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The Authority shall provide operative, legal, logistical and technical support, which may include translation and interpretation services, to Member State and legal assistance, to Member States or social partners carrying out concerted or joint inspections.
Amendment 242 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. National authorities or social partners carrying out a concerted or joint inspection shall report back to the Authority on the outcomes within their respective Member States and on the overall operational running of the concerted or joint inspection. The Authority shall establish a template for their reports, taking into account the necessity to avoid unnecessary administrative burden. The results of joint inspections may be used as evidence in the Member State with the same legal value of information collected within their own territory.
Amendment 244 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Information on concerted and joint inspections shall be included in quarterly reports to be submitted to the Management Board and to the Stakeholder Group. A yearly report on the inspections supported by the Authority shall be included in the Authority's annual activity report. This report shall include a list of cases in which Member States refused to participate in a joint inspection.
Amendment 248 #
2018/0064(COD)
Proposal for a regulation
Article 11 – title
Article 11 – title
11 Cross-border labour mobility analyses and risk assessment and recommendations
Amendment 249 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Authority shall assess risks and carry out analyses regarding cross-border labour flows, such as labour market imbalances, sector-specific threats and recurring problems encountered by individuals and employers in relation to cross-border mobility, undeclared work, fraud and exploitations as well as analysis related to cross-border social security matters, including portability of pensions. For that purpose, the Authority shall ensure complementarity with, and draw on the expertise of, other Union agencies or services, including in the areas of skills forecasting and health and safety at work. Upon a request by the Commission, the Authority may carry out focused in-depth analyses and studies to investigate specific labour mobility issuesThe Authority shall carry out focused in- depth analyses and studies to investigate specific mobility issues. The Authority shall also assess risks and carry out analyses regarding cross-border social security coordination in order to identify possible gaps and areas of improvement. The Authority shall conduct any assessment making full use of the work of other Agencies and in particular the work of Eurofound. The Agency shall avoid duplication of work. When completing risk assessments, the Authority shall always take into account the cost of non- action.
Amendment 252 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point c a (new)
Article 11 – paragraph 2 – point c a (new)
(ca) formulate recommendations addressed to both the Commission and the Member States to ensure the effective enforcement of Union law in relation to the work of the Authority, including in relation to fighting undeclared work, ensuring fair decent working conditions, fighting tax evasion and ensuring proper social protection for all.
Amendment 253 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Authority shall regularly report, after discussion with the Stakeholder Group, its findings to the Commission and the European Parliament, as well as directly to the Member States concerned, outlining possible measures to address identified weaknesses. The report shall be published by 15th March of the following year at the latest, and taken into account by the country-specific recommendations, when relevant.
Amendment 256 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The Authority shall collect statistical data, disaggregated by gender, age, income level, occupation and labour marked status, compiled and provided by Member States in the areas of Union law within the scope of the Authority’s competences. In doing so, the Authority shall seek to streamline current data collection activities in those areas. Where relevant, Article 16 shall apply. The Authority shall liaise with the Commission (Eurostat) and share the results of its data collection activities, where appropriate.
Amendment 257 #
2018/0064(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
The Authority shall support Member States, social partners and civil society organisations with capacity building aimed at promoting the consistent enforcement of the Union law in all areas covered by this Regulation. The Authority shall, in particular, carry out the following activities:
Amendment 258 #
2018/0064(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) develop common guidelines for use by Member States, social partners and civil society organisations including guidance for inspections in cases with a cross-border dimension, as well as shared definitions and common concepts, building on relevant work at the Union level, in accordance with ILO Labour Inspection Convention No 81;
Amendment 261 #
2018/0064(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) promote the exchange and dissemination of experiences and good practices, including examples of cooperation between the relevant national authorities, social partners and civil society organisations;
Amendment 262 #
2018/0064(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d a (new)
Article 12 – paragraph 1 – point d a (new)
(da) improve the knowledge and mutual understanding of the different national systems and practices related to free movement of persons and access to adequate social protection and the methods and legal framework for action;
Amendment 263 #
2018/0064(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point e a (new)
Article 12 – paragraph 1 – point e a (new)
(ea) increase the capacity of enforcement bodies to better tackle cross- border aspects including sufficient staff resources, training and financial resources.
Amendment 266 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. In the event of disputes between Member States regarding the application or interpretation of Union law in areas covered by this Regulation where no agreement was reached between the institutions concerned, the Authority may perform a mediation role.
Amendment 268 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Upon request of one of the Member States concerned by a dispute, the Authority shall launch a mediation procedure before its Mediation Board set up for this purpose in accordance with Article 17(2). The Authority may also launch a mediation procedure on its own initiative before the Mediation Board, including on the basis of a referral from SOLVIT, subject to the agreement of all Member States concerned by that dispute. The Authority shall reconcile the points of view within three months of the date on which the matter was brought before it.
Amendment 271 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. The Member States shall inform the persons concerned about the dispute and about the case being brought to the Authority.
Amendment 274 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. When presenting a case for mediation by the Authority, Member States and all other parties that are heard by the Authority or involved in the case shall ensure that all personal data related to that case is anonymised and the Authority shall not process the personal data of individuals concerned by the case at any point in the course of the mediation procedure.
Amendment 277 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. To ensure the Authority is fully informed about the situation, it shall hear the Member States as well as the persons concerned, under the condition that these persons have agreed to this, before taking a decision. Within one week after the matter was brought before the Authority, Member States shall ask the persons concerned in written if they want to address the Authority in person and ask for a reply within another month.
Amendment 278 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Cases in which there are ongoing court proceedings at national or Union level shall not be admissible for mediation by the Authority, unless all parties concerned have agreed to this. In such cases, all court proceedings will be suspended until the mediation procedure has been finalised.
Amendment 282 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5a. The competent authorities and institutions shall take the necessary measures to apply the decision of the Authority without prejudice to the right of the authorities, institutions and persons concerned to have recourse to the procedures and tribunals provided for by national or Union legislation.
Amendment 285 #
2018/0064(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Mediation between Member States and persons concerned 1. In the event of disputes between one or more Member States and one or more persons concerned regarding the application or interpretation of Union law in areas covered by this Regulation, the Authority may perform a mediation role. 2. Upon receiving a request for mediation from an individual, the Authority shall perform a prima facie assessment of the case, following which it may decide to launch a mediation procedure or to refer the case to SOLVIT. 3. SOLVIT shall, upon its own initiative or at the request of a person concerned, refer cases to the Authority in which no solution was found, in particular due to differences between national administrations or when no solution has been provided to the person concerned within three months after the dispute has emerged. 4. Article 13(3) to (6) shall also apply in cases of mediation concerning a dispute between Member States and persons concerned.
Amendment 289 #
2018/0064(COD)
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14a Cooperation in case of structural problems in access to labour and social rights The Authority shall facilitate cooperation between relevant stakeholders in order to provide solutions for people experiencing problems in accessing labour and social rights in cross-border situations, including social security benefits, as a result of structural differences between the systems of different Member States concerned.
Amendment 290 #
2018/0064(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
The Authority shall coordinate, develop and apply interoperability frameworks to guarantee the exchange of information between Member States and also with the Authority. Those interoperability frameworks shall be based on and supported by the European Interoperability Framework70 and by the European Interoperability Reference Architecture referred to in Decision (EU) 2015/2240 of the European Parliament and of the Council71 . At the request of the Authority, national authorities shall provide the Authority with all the necessary information, in specified formats, to carry out the tasks conferred on it by this Regulation, provided that they have legal access to the relevant information. The information shall be accurate, coherent, complete and timely. _________________ 70 Communication from the Commission to the European Parliament, the Council, the European Economic Social Committee and the Committee of the Regions: European Interoperability Framework – Implementation Strategy - COM(2017) 134 final. 71 Decision (EU) 2015/2240 of the European Parliament and of the Council of 25 November 2015 establishing a programme on interoperability solutions and common frameworks for European public administrations, businesses and citizens (ISA2 programme) as a means for modernising the public sector (OJ L 318, 4.12.2015, p. 1).
Amendment 294 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Management Board shall be composed of (a) one senior representative from each Member State and(b) two representatives of the Commission, all of whom have voting rights. (c) six social partner representatives and (d) three independent experts appointed by the European Parliament, all of whom have voting rights. The senior representatives of each Member State and their substitutes shall present professional competences in both labour law and social security regulations.
Amendment 296 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. Members of the Management Board representing Member States, social partners and their alternates shall be appointed by the Council on the basis of lists of candidates submitted by the Member States and the European employers’ and employees’ organisations respectively. Where, based on proposals by the Member States and the social partners, the gender balance is highly disproportionate, i.e. less than 30% of one gender, the Council shall delay the appointment until this is rectified, and invite Member States to bring forward more balanced proposals. The Commission shall appoint the members who are to represent it with due respect to gender balance. The responsible Committee of the European Parliament shall appoint, respecting gender balance, the experts referred to under point 1(d) after verifying that the appointments raise no conflicts of interest.
Amendment 298 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 2 a (new)
Article 18 – paragraph 3 – subparagraph 2 a (new)
Union level social partners shall appoint all social partner representatives
Amendment 300 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 3
Article 18 – paragraph 3 – subparagraph 3
The Member States, the social partners and the Commission shall make efforts to limit the turnover of their representatives on the Management Board in order to ensure continuity of the Board's work. All parties shall aim to achieve balanced representation between men and women on the Management Board.
Amendment 303 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The term of office for members and their alternates shall be four years. That term shall be extendable renewable once.
Amendment 304 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Representatives from third countries, which are applying the Union law in areas covered by this Regulation, may participate in the meetings of the Management Board as observers. Each member and alternate member shall sign a written declaration of interests when taking office and shall update it when there is a change of circumstances in that regard.
Amendment 305 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 5 a (new)
Article 18 – paragraph 5 a (new)
5a. Members of the Stakeholder Group may attend all meetings of the Management Board as observers.
Amendment 308 #
2018/0064(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point f
Article 19 – paragraph 1 – point f
(f) adopt rules for the prevention and management of conflicts of interest in respect of its members, as well as the members of the Stakeholder Group and the working groups and panels of the Authority set up in accordance with Article 17(2) as well as seconded national experts in accordance with Article 34, and shall publish annually on its website the declaration of interests of the Management Board members;
Amendment 309 #
2018/0064(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point h a (new)
Article 19 – paragraph 1 – point h a (new)
(ha) discuss proposals and recommendations by the Stakeholder Group and provide a reasoned answer;
Amendment 311 #
Amendment 314 #
2018/0064(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
The Management Board shall elect atwo Chairperson and a Deputy Chairpersons from among the members with voting rights, andwho shall strive forbe elected respecting the gender balance. The Chair person and the Deputy Chairpersons shall be elected by a majority of two-thirds of the members of the Management Board with voting rights.
Amendment 315 #
2018/0064(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
In the event that a first vote does not reach the two-thirds majority, a second vote shall be organised whereby the Chairperson and Deputy Chairpersons shall be elected by a simple majority of the members of the Management Board with voting rights.
Amendment 316 #
2018/0064(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 3
Article 20 – paragraph 1 – subparagraph 3
Amendment 317 #
2018/0064(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The term of office of the Chairperson and the Deputy Chairpersons shall be four years. Their term of office may be renewed once. Where, however, their membership of the Management Board ends at any time during their term of office, their term of office shall automatically expire on that date.
Amendment 319 #
2018/0064(COD)
Proposal for a regulation
Article 21 – paragraph 7 a (new)
Article 21 – paragraph 7 a (new)
7a. The minutes of the meetings of the Management Board shall be published on the Authority’s website. The agenda of the meetings of the Management Board shall be provided in advance to the Stakeholder Group.
Amendment 327 #
2018/0064(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Stakeholder Group shall be chaired by the Executive Directoits elected chair and shall meet at least twice a year on the initiative of the Executive Director or at the request of the Commission or at the request of 20% of its members.
Amendment 328 #
2018/0064(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Stakeholder Group shall be composed of six(a) ten representatives of Union- level and/or national social partners equally representing trade unions and employer’s organisations, of which at least six represent a sectorial interest, 6 representatives of civil society organisations; (b) eight representatives of civil society organisations; (c) and two representatives of the Commission.
Amendment 333 #
2018/0064(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. (a) The members and alternate members of the Stakeholder Group referred to in 4(a), shall be nominated by their respective organisations and appointed by the Management Board. The Management Board shall also appoint alternate members, in accordance with the same conditions as members, who shall automatically rep European Social Partners with due respect to gender balance and ensuring adequate representation of SMEs and appointed by the Management Board. (b) The members and alternate members of the Stakeholder Group referred to in 4(b), shall be nominated by the European Economic and Social Committee. EES will pay particular attention to geographic balance, gender balance and representation of the different fields of activity of CSOs (inter alia pensions, health care, gender equality, migration, youth and disability) and appointed by the Management Board. (c) The members and alternate members of the Stakeholder Group referred to in 4(c), shall be nominated by the European Commission with due respect to gender balance any members who are absent or indisposed. To the extent possible, an appropriate gender balance shall be respected, as well as adequate representation of SMEs. d appointed by the Management Board. (d) Where based on nominations under point (a-c) gender balance is highly disproportionate, i.e. less than 30% of one gender, the Management Board shall delay the appointment until this is rectified and invites nominating organisations to bring forward more balanced proposals. (e) All members of the Stakeholder Group must demonstrate relevant professional knowledge and skills. The Management Board shall also appoint alternate members, in accordance with the same conditions as members, who shall automatically replace any members who are absent or indisposed.
Amendment 335 #
2018/0064(COD)
Proposal for a regulation
Article 24 – paragraph 7
Article 24 – paragraph 7
7. The Authority shall make public the opinions, and advice and recommendations of the Stakeholder Group and the results of its consultations, except in case of confidentiality requirements.
Amendment 339 #
2018/0064(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The Management Board shall appoint the Executive Director from a list of candidates proposed by the Commission, following an open and transparent selection procedure. When there are two candidates of equal merit, the Management Board shall give preference to the under-represented gender.
Amendment 343 #
2018/0064(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Regulation (EC) No 1049/2001 shall apply to documents held by the Authority. The Management Board shall, within six months of the date of its first meeting, adopt the detailed rules for applying Regulation (EC) No 1049/2001. Regulation (EC) No 45/2001 shall apply to the processing of personal data by the Authority.
Amendment 346 #
2018/0064(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
The activities of the Authority as well as activities, national, concerted or joint inspections carried out with the involvement of staff of the Authority shall be subject to the inquiries of the European Ombudsman in accordance with Article 228 TFEU.
Amendment 347 #
2018/0064(COD)
Proposal for a regulation
Article 42 a (new)
Article 42 a (new)
Article 42a Whistleblower protection Persons bringing cases to the Authority, including on labour or social security fraud, either directly or via national enforcement authorities, shall be protected against any unfavourable treatment by their employer.
Amendment 48 #
2017/2278(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to use public procurement strategically in order to promote a sustainable, circular, ethical and socially responsible economy, as well as innovation, SME growth and competition; underlines that this requires Member States to signal such policies at the highest level and support, to this end, procurers and practitioners in the public administration; is of the opinion that in this regard awareness-raising and information of all actors involved is necessary;
Amendment 85 #
2017/2278(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that innovative, socio- economic, ethical and environmental considerations are legitimate and essential award criteria in public procurement, butand that contracting authorities canshould also pursue green, innovative or social goals through well- thought-out specifications and by allowing variant offers;
Amendment 7 #
2017/2054(INL)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the modification of the distribution of seats among the Member States should not be arbitrary, but should be based on a mathematical principle, to be applied in a pragmatic manner so that no Member State loses seats in the 2019- 2024 parliamentary term;
Amendment 8 #
2017/2054(INL)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas in the long term the distribution of seats should be calculated using a mathematical formula which establishes a clear, transparent and objective relationship between the population of each Member State and the number of seats it is allocated in Parliament, in keeping with the requirements laid down in the Treaties;
Amendment 10 #
2017/2054(INL)
Motion for a resolution
Recital B
Recital B
B. whereas the United Kingdom submitted its withdrawal notification under Article 50 TEU on 29 March 2017 and therefore the Treaties and all acquis shawill cease to apply to it on the date of entry into force of the withdrawal agreement, or failing that, two years after the date of submission of its notification, meaning at the latest on 29 March 2019, unless the European Council, in agreement with the United Kingdom, unanimously decides to extend that periodat the latest on 29 March 2019;
Amendment 25 #
2017/2054(INL)
Motion for a resolution
Recital E
Recital E
E. whereas a modification of the electoral law of the EU will be necessary to create the legal basis for such a joint constituencyseveral Member States recently came out in favour of establishing a joint constituency with effect from the 2019 European elections;
Amendment 49 #
2017/2054(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recognises the legal uncertainty created byat the triggering of Article 50 of the Treaty on European Union by the United Kingdom, the unknown date for finalisation of the Brexit on 29 March 2017 and the United Kingdom Government’s stated resolve not to prolong the negotiations abeyond the impossibility of adjusting, without a change in the Treaty, the Council’s qualified majority voting system, which should be defined in connection with the allocation of seats in Parliament in order to better ensure the inter-institutional balancetwo- year period specified by Article 50(3) of the Treaty on European Union mean that the United Kingdom will cease to be a European Union Member State on 29 March 2019 and will thus not have seats in the European Parliament as from the 2019-2024 parliamentary term;
Amendment 53 #
2017/2054(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that, whilst the a number of mathematical formulas display great potential for providingwould enable Parliament to propose a permanent system for the distribution of seats in the future, the political and legal uncertainty as a result of the UK’s withdrawal from the EU ultimately make it politically unviable for Parliament to suggest a permanent system at this stage;
Amendment 60 #
2017/2054(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 67 #
2017/2054(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 76 #
2017/2054(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. PropoEmphasises that this new distribution of seats should be fair, objective and based on the following principles: respect foe fact that the United Kingdom will vacate seats will facilitate the introduction in 2019 of a system for the distribution of seats which meets the criteria laid down in Article 14 of the Treaty on European Union, and in particular the principle of degressive proportionality, which entails no loss of seats for any Member State, and the use of only a minimal fraction of the seats vacated by the UKwhich makes it possible to allocate a significant number of seats to the joint constituency;
Amendment 86 #
2017/2054(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Takes the view, in that connection, that among the mathematical formulas proposed the application of the Cambridge compromise, subject to the twin provisos that no Member State should lose a seat and that 700 seats should be distributed among the 27 Member States, would be the most appropriate for the 2019-2024 parliamentary term;
Amendment 91 #
2017/2054(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines that the new distributionsystem proposed would allow for a reduction in the size of Parliament to 699 members plus the President, thereby leaving sufficient room for manoeuvre to accommodate potential future enlargements of the EU and members elected in a joint constituencydistribute 700 seats among the 27 Member States and allocate 50 seats to the joint constituency for the 2019-2024 parliamentary term;
Amendment 101 #
2017/2054(INL)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Takes the view that the number of seats allocated to the joint constituency should gradually be increased as from the 2024-2029 parliamentary term;
Amendment 102 #
2017/2054(INL)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Takes the view, in that connection, that seats should be allocated among the Member States using the Power Compromise method as from the 2024- 2029 parliamentary term;
Amendment 104 #
2017/2054(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 114 #
2017/2054(INL)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Urges the Council to adopt Parliament’s proposal for a decision amending the Act on the election of the Members of the European Parliament by direct universal suffrage so that the joint constituency can take effect as from 2019;
Amendment 122 #
2017/2054(INL)
Motion for a resolution
Annex – recital 3
Annex – recital 3
(3) From the 2019 European elections after the adoption of the legal basis for transnational lists, a nu, 50 Members of representatives in the European Parliament should be elected in a joint constituency comprising the entire territory of the Union;
Amendment 130 #
2017/2054(INL)
Motion for a resolution
Annex – Article 3 – paragraph 1 – subparagraph 1
Annex – Article 3 – paragraph 1 – subparagraph 1
The number of representatives in the European Parliament elected in each Member State for the 2019 - 2024 parliamentary term shall be the one provided for in Article 3 of the European Council Decision 2013/312/EU of 28 June 20132. __________________ 2European Council Decision No 2013/312/EU of 28 June 2013 establishing thefixed by means of the modified application of the Cambridge compromise2a, with the total size of Parliament limited to 700 seats and with no Member State losing a seat. __________________ 2a A 700-Seat no-loss composition ofor the 2019 European Parliament (OJ L 181 of 29.6.2013- G.R. Grimmett, F. Pukelsheim, V. Ramirez Gonzalez, W. Słomczyński, pK. 57).Życzkowski - 22 August 2017
Amendment 133 #
Amendment 143 #
2017/2054(INL)
Motion for a resolution
Annex – Article 3 – paragraph 1 – subparagraph 2 – table
Annex – Article 3 – paragraph 1 – subparagraph 2 – table
Belgium 21 Bulgaria 17 Czech Republic 21 Denmark 14 Germany 96 Estonia 7 Ireland 13 Greece 21 Spain 58 France 780 Croatia 12 Italy 764 Cyprus 6 Latvia 8 Lithuania 11 Luxembourg 6 Hungary 21 Malta 6 Netherlands 28 Austria 19 Poland 51 Portugal 21 Romania 32 Slovenia 8 Slovakia 14 Finland 14 Sweden 21
Amendment 148 #
2017/2054(INL)
Motion for a resolution
Annex – Article 3 – paragraph 2
Annex – Article 3 – paragraph 2
Amendment 160 #
2017/2054(INL)
Motion for a resolution
Annex – Article 3 – paragraph 3
Annex – Article 3 – paragraph 3
Amendment 164 #
2017/2054(INL)
Motion for a resolution
Annex – Article 3 a (new)
Annex – Article 3 a (new)
Article 3 a From the legislative period 2024-2019 onwards, the number of representatives in the European Parliament elected in each Member State shall be based on the following formula: - Four base seats shall be assigned to each Member State, plus one additional seat per adjusted population unit or part thereof using the divisor method with upward rounding. - The number of base seats, the power, and the divisor are determined so that six seats will be allocated to the least populous Member State, 96 seats will be allocated to the most populous Member State, and the total number of the seats allocated will be 700. - In accordance with Article 1, the distribution of seats shall be degressively proportional, subject to rounding upwards.
Amendment 170 #
2017/2054(INL)
Motion for a resolution
Annex – Article 4 – paragraph 1
Annex – Article 4 – paragraph 1
Sufficiently far in advance of the beginning of the 2024 – 2029 parliamentary term, the European Parliament shall submit to the European Council, in accordance with Article 14(2) of the Treaty on European Union, a proposal for a permanent method for the allocation of seats between Member Statesn increase in the number of seats allocated to the joint constituency.
Amendment 12 #
2017/2053(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes note of the opportunity presented by Brexit to reconsider the current system ofget rid of all rebates and corrections, which are not only contrary to the letter and spirit of the Treaties, but which have also proven to shift the focus of discussions from the European added value of the EU budget to the ‘net balance’ effect on the contributions of Member States without taking into account the spill over effects of the EU budget;
Amendment 21 #
2017/2053(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that any reform of the system of own resources should be based on the principles of subsidiary, solidarity, sustainability and comprehensibility for European citizens;
Amendment 15 #
2017/2052(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Warns against the possibility that the upcoming Brexit negotiations might shroud the outcome of negotiations on the next MFF; recalls the difficulty of assessing the impact of Brexit on both the interinstitutional process and funding under the forthcoming MFF, and considstresses, however, the importance of maintaining post-Brexit budgets at the same level in terms it unlikely that the long-term EU budgets can be increased in this contexof volume as the 2020 budget;
Amendment 27 #
2017/2052(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for increased complementarity between national and regional budgets and the EU budget, and for European funding to focus on areas that deliver genuine European added value and in which such well-targeted spending at European level can produce savings at national level.
Amendment 31 #
2017/2052(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that the next MFF should take full account of the commitments made by the EU in the context of COP 21;
Amendment 44 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 2 – point –a (new)
Annex I – part B – point 1 – point 2 – point –a (new)
(-a) the fourth subparagraph of paragraph 1 is replaced by the following: "After the registration is confirmed in accordance with paragraph 2, for the purpose of including it in the register, the organisers may provide the proposed citizens’ initiative in other languages authorised by the Member States in accordance with applicable national law. The Commission shall provide free translation services into all the official languages of the Union.";
Amendment 48 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 2 – point a a (new)
Annex I – part B – point 1 – point 2 – point a a (new)
Amendment 52 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 2 – point b – paragraph 2
Annex I – part B – point 1 – point 2 – point b – paragraph 2
“3. The Commission may register an initiative partially and shall refuse the registration in whole or in part if the conditions laid down in paragraph 2 are not met.
Amendment 54 #
2017/2024(INL)
Where it refuses to register a proposed citizens’ initiative or part thereof, the Commission shall inform the organisers exhaustively and in full detail of the reasons for such refusal and of all possible judicial and extrajudicial remedies available to them. If a part of a proposed citizens’ initiative does not meet the conditions laid down in paragraph 2, the Commission shall give to the organisers a period of 10 days to amend their request for registration.
Amendment 55 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 2 – point b – paragraph 4
Annex I – part B – point 1 – point 2 – point b – paragraph 4
For the purposes of this Article, special attention shouldall be paid to Article 296(2) of the Treaty on the functioning of the European Union.
Amendment 58 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 3 – point –a (new)
Annex I – part B – point 1 – point 3 – point –a (new)
(-a) The first subparagraph of paragraph 1 is replaced by the following: "The organisers or, if applicable, the organisation created by them in accordance with Article 3(2) of this Regulation shall be responsible for the collection of the statements of support from signatories for a proposed citizens’ initiative which has been registered in accordance with Article 4.";
Amendment 78 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 4 a (new)
Annex I – part B – point 1 – point 4 a (new)
(4a) in Article 7, paragraph 2 is replaced by the following: "2. In at least one quarter of the Member States, signatories shall comprise, at the time of registration of the proposed citizens’ initiative, at least the minimum number of citizens set out in Annex I. Those minimum numbers shall correspond to the number of the Members of the European Parliament elected in each Member State, multiplied by the total number of Members of the European Parliament at the moment of registration."
Amendment 81 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 5 – point a – paragraph 2
Annex I – part B – point 1 – point 5 – point a – paragraph 2
“within three monthsone month of the adoption of the motion for resolution referred to in Article 11a, set out in a communication its legal and political conclusions on the citizens’ initiative, the action it intends to take, if anyd, and itsin full detail, the reasons for taking or not taking that action. ”
Amendment 88 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 5 – point b – paragraph 2
Annex I – part B – point 1 – point 5 – point b – paragraph 2
“In the case of a successful citizens’ initiative, in the normal run of events there is a presumption that the Commission will submit a legislative proposal to the European Parliament and to the Council within twelve months of the end of the three month period referred to in point (c). If the Commission is of the opinion that there are good reasons not to submit such a proposal, then it shall duly justify its decision. For the purposes of this Article, special attention should be paid to Article 296(2) of the Treaty on the functioning of the European Union..
Amendment 94 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 7 – paragraph 2
Annex I – part B – point 1 – point 7 – paragraph 2
“1. The European Parliament shall hold a debate on those citizens’ initiatives that successfully meet all of the criteria laid down in this Regulation during the plenary session following the public hearing referred to in Article 11. Those debates may shall be concluded by the adoption of a motion for resolution .”;containing the European Parliament’s recommendation to the Commission on the actions needed as a follow up to the citizens’ initiative.
Amendment 97 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 7 – paragraph 2 a (new)
Annex I – part B – point 1 – point 7 – paragraph 2 a (new)
2a. Where the conclusions in the communication of the Commission referred to in Article 10(1)(c) and the recommendation of the European Parliament referred to in paragraph 1 differ, the European Parliament may exercise the right conferred on it under Article 225 of the Treaty on the Functioning of the European Union (TFEU)."
Amendment 97 #
2017/2007(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. Whereas 3D printing has a role to play in reducing energy and natural resources consumption in the purpose of fighting the climate change; whereas the use of 3D printing would minimise waste in production and prolong lifespan of consumer products by enabling production of replacement parts at consumer level;
Amendment 50 #
2017/0354(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The concept of overriding reasons of public interest is an evolving concept developed by the Court of Justice in its case-law in relation to Articles 34 and 36 of the Treaty. This concept covers, inter alia, the effectiveness of fiscal supervision, the fairness of commercial transactions, protection of consumers, protection of the health and lives of persons, animals and plants, protection of the environment, the maintenance of press diversity and the risk of seriously undermining the financial balance of the social security system. Such overriding reasons, where legitimate differences exist from one Member State to another, may justify the application of national rules by the competent authorities. However, such decisions need to be duly justified, and the principle of proportionality must always be respected, regard being had to whether the competent authority has in fact made the least restrictive decision possible. Furthermore, administrative decisions restricting or denying market access in respect of goods lawfully marketed in another Member State must not be based on the mere fact that the goods under assessment fulfil the legitimate public objective pursued by the Member State in a different way from the way that domestic goods in that Member State fulfil that objective.
Amendment 62 #
2017/0354(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The evidence required to demonstrate that goods are lawfully marketed in another Member State varies significantly from Member State to Member State. This causes unnecessary burdens delays and additional costs for economic operators, while preventing national authorities from obtaining the information necessary for assessing the goods in a timely manner. This may inhibit application of the mutual recognition principle. It is therefore essential to make it easier for economic operators to demonstrate that their goods are lawfully marketed in another Member State. Economic operators should be able to benefit from a voluntary process of self- declaration, which should provide competent authorities with all necessaryessential information on the goods and on their compliance with the rules applicable in that other Member State. The use of the declaration does not prevent nationalshall not be a substitute for the competent authorities from' taking a decision restricting market access, on the condition that such a decision is proportionate and respects the mutual recognition principle and this Regulation.
Amendment 84 #
2017/0354(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) While a competent authority is assessing goods before deciding whether or not it should deny or restrict market access, it should not be able to take decisions suspending market access, except where rapid intervention is requirin application of the precautionary principle. The power temporarily to suspend the placing of goods on the market should be used to prevent harm to the safety and health of users or, to prevent the goods being made available where the making available of such goods is generally prohibited on grounds of public morality or public security, including for example the prevention of crime, or for any other overriding reason of public interest.
Amendment 125 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The producer of goods, or goods of a given type, that are being or are to be made available on the domestic market in a Member State ('the Member State of destination') may draw up a non-binding declaration (a 'mutual recognition declaration') in order to demonstrate tonotify the competent authorities of the Member State of destination that the goods, or goods of that type, are lawfully marketed in another Member State.
Amendment 127 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
The mutual recognition declaration shall in no way constitute authorisation for the goods concerned to be made available on the market. The Member State's competent authority may proceed with an assessment of the goods in accordance with Article 5 of this Regulation.
Amendment 142 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Economic operators shall be responsible for the content and accuracy of the information, including translated information, that they themselves provide in the mutual recognition declaration.
Amendment 149 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
Amendment 162 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point a
Article 4 – paragraph 8 – point a
(a) any relevantnecessary information concerning the characteristics of the goods or type of goods in question;
Amendment 166 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point b
Article 4 – paragraph 8 – point b
(b) any relevantnecessary information on the lawful marketing of the goods in another Member State;
Amendment 184 #
2017/0354(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where, on completion of an assessment under paragraph 1, the competent authority of a Member State takes an administrative decision with respect to the goods, it shall communicate its decision within 20at the earliest possible date, and within no more than 15 working days, to the relevant economic operator referred to in paragraph 1, to the Commission and to the other Member States. Notification to the Commission and to the other Member States shall be done by means of the system referred to in Article 11.
Amendment 201 #
2017/0354(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. While the competent authority of a Member State is carrying out an assessment of goods pursuant to Article 5, it shall notmay temporarily suspend the making available of those goods on the domestic market in that Member State, exceptin application of the precautionary principle, in one or the other of the following situations:
Amendment 208 #
2017/0354(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the making available of the goods, or goods of that type, on the domestic market in that Member State is generally prohibited in that Member State on grounds of public morality or public security or for any other overriding reason of public interest.
Amendment 223 #
2017/0354(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission shall, within three months ofon receipt of the request referred to in paragraph 1, enter into communication at the earliest possible date with the relevant economic operator or operators and the competent authorities who took the administrative decision in order to assess the compatibility of the administrative decision with the principle of mutual recognition and this Regulation.
Amendment 228 #
2017/0354(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Following completion of its assessment, the Commission mayshall, within no more than 10 weeks, issue an opinion identifying concerns that should, in its view, be addressed in the SOLVIT case and, where appropriate, making recommendations to assist in solving the case.
Amendment 237 #
2017/0354(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 (new)
Article 9 – paragraph 1 – subparagraph 1 (new)
Member States shall notify the Commission of the designated Product Contact Points on their territory.
Amendment 248 #
2017/0354(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. For the purposes of Articles 5, 6, and 10, the Union information and communication support system set out in [Regulation on compliance and enforcement] shall be used, except as provided in Article 7. The decisions taken pursuant to Article 6 shall be publicised.
Amendment 252 #
2017/0354(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. The Union mayshall finance the following activities in support of this Regulation:
Amendment 255 #
2017/0354(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. By (…), and every fivthree years thereafter, the Commission shall carry out an evaluation of this Regulation against the objectives it pursues and shall submit a report thereon to the European Parliament, to the Council and to the European Economic and Social Committee.
Amendment 177 #
2017/0353(COD)
Proposal for a regulation
Article premier – paragraph 2
Article premier – paragraph 2
It also provides a framework for the market surveillance of such products to ensure that thoonly those which comply with all EU laws can be marketed, and that these products fulfil requirements providing a high level of protection of public interests such as health and safety in general, health and safety in the workplace, the protection of consumers, protection of the environment and security.
Amendment 179 #
2017/0353(COD)
Proposal for a regulation
Article premier – paragraph 2
Article premier – paragraph 2
It also provides a framework for the market surveillance of such products to ensure that those products fulfil requirements providing a high level of protection of public interests such as health and safety in general, health and safety in the workplace, the protection of consumers, protection of the environment and, security or any other matter of general interest.
Amendment 186 #
2017/0353(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to all products or parts of these products that are subject to the Union harmonisation legislation set out in the Annex to this Regulation (‘Union harmonisation legislation’).
Amendment 224 #
2017/0353(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The identity and contact details of the person responsible for compliance information with respect to the product shall be indicated on or identifiable from information indicated on the product, or its packaging, the parcel or an accompanying document.
Amendment 248 #
2017/0353(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 291 #
2017/0353(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall ensure that their market surveillance authorities and single liaison office have the necessary resources and trained personnel, including sufficient budgetary and other resources, expertise, procedures and other arrangements and personnel involved in monitoring on the ground, for the proper performance of their duties.
Amendment 299 #
2017/0353(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b a (new)
Article 12 – paragraph 1 – point b a (new)
(ba) application of the precautionary principle.
Amendment 378 #
2017/0353(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point h
Article 14 – paragraph 3 – point h
(h) the power to take temporary measures, where there are no other effective means available to prevent a serious risk, including in particular temporary measures requiring hosting service providers to remove, disable or restrict access to content or to suspend or restrict access to a website, service or account or requiring domain registries or registrars to put a fully qualified domain name on hold for a specific period of time; this power is exercised in accordance with the procedures set out under paragraph 2(c).
Amendment 395 #
2017/0353(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Market surveillance authorities shall exercise their powers in accordance with the principle of proportionalityecautionary principle.
Amendment 398 #
2017/0353(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Market surveillance authorities shall perform appropriate checks on the characteristics of products on an adequate scale, by means of documentary checks and, where appropriate, physical and laboratory controls on the basis of a representative samplecarried out in conditions of real use, on the basis of a representative sample that covers at least one-fifth of the products per group of products and is selected on a random basis.
Amendment 410 #
2017/0353(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
Use of information, professional and commercial secrecy
Amendment 411 #
2017/0353(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Market surveillance authorities shall observe the principle of confidentiality where necessary in order to protect professional and commercial secrets or to preserve personal data pursuant to national legislation, subject to the requirement that information be made public to the fullest extent possible in order to protect the interests of end-users in the Union.
Amendment 527 #
2017/0353(COD)
1. The Commission shall develop and maintain an information and communication system for the collection and storage of information, in a structured form, on issues relating to the enforcement of Union harmonisation legislation, and for giving consumers access to all useful information regarding market surveillance activities and their results. The Commission, single liaison offices, and authorities designated in accordance with Article 26(1) shall have access to that system.
Amendment 548 #
2017/0353(COD)
Proposal for a regulation
Article 61 – paragraph 2 – point a
Article 61 – paragraph 2 – point a
Amendment 551 #
2017/0353(COD)
Proposal for a regulation
Article 61 – paragraph 2 – point b
Article 61 – paragraph 2 – point b
(b) the nature, gravity and duration of the non-compliance taking into account the harm caused to end-users and traders marketing similar or comparable products;
Amendment 554 #
2017/0353(COD)
Proposal for a regulation
Article 61 – paragraph 2 – point e a (new)
Article 61 – paragraph 2 – point e a (new)
(ea) the profit generated by the marketing of the non-compliant product.
Amendment 39 #
2017/0237(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Urban, and suburban and regional rail passenger services are different in character from long-distance services. Member States should therefore be allowed to exempt urban, and suburban and regional rail passenger services which are not cross- border services within the Union from certain provisions on passengers' rights.
Amendment 45 #
2017/0237(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Users’ rights to rail services include the receipt of information regarding the service both before and during the journey. Whenever possible, rRailway undertakings and ticket vendors should provide this information in advance and as soon as possiblin real-time. That information should be provided in accessible formats for persons with disabilities or persons with reduced mobility.
Amendment 54 #
2017/0237(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The increasing popularity of cycling across the Union has implications for overall mobility and tourism. An increase in the use of both railways and cycling in the modal split reduces the environmental impact of transport. Therefore, railway undertakings should facilitate the combination of cycling and train journeys as much as possible, in particular by allowing. In particular by providing mandatory bicycle stands for the carriage of assembled bicycles on board trainof all kinds of passenger trains, including on high- speed, long-distance and cross-border journeys.
Amendment 61 #
2017/0237(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Railway undertakings should facilitate the transfer of rail passengers from one operator to another by the provision of through-tickets, whenever possible.
Amendment 75 #
2017/0237(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 79 #
2017/0237(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In cooperation with infrastructure managers and railway undertakings, station managers should prepare and make publicly available contingency plans to minimise the impact of major disruptions by providing stranded passengers with adequate information and care.
Amendment 103 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) urban, and suburban and regional rail passenger services as referred to in Directive 2012/34/EU, except cross-border services within the Union;
Amendment 134 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 19 a (new)
Article 3 – paragraph 1 – point 19 a (new)
(19 a) ‘application programming interface’ within the meaning of this Regulation means an electronic interface for the retrieval of information on schedules and timetables, intermodal connections, including real-time information of possible delays, available seats, applicable fares, mandatory reservations and special conditions, the accessibility of transport services, that also allows purchasing tickets, through- tickets, and reservations.
Amendment 139 #
2017/0237(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Without prejudice to social tariffs, railway undertakings or ticket vendors shall offer contract conditions and tariffs to the general public without direct or indirect discrimination on the basis of the final custompassenger’s nationality or residence, or the place of establishment of the railway undertaking or ticket vendor within the Union.
Amendment 145 #
2017/0237(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Passengers shall be entitled to take bicycles on board the train, whethere appropriate for a reasonable fee. They shall keep their bicycles under supervision during the journey and ensure that no inconvenience or damage is caused to other passengers, mobility equipment, luggagssembled or not, free of charge on board the train, including on high-speed, long-distance and cross- border trains. All trains shall be equipped with a well-indicated, dedicated space for rail operations. The carriage of bicycles may be refused or restricted for safety or operational reasons, provided that rthe carriage of at least 8 assembled bicycles. Railway undertakings, ticket vendors, tour operators and, where appropriate, station managers shall inform passengers of the conditions for such a refusal or restrictionbicycle carriage on all services in accordance with Regulation (EU) No 454/2011.
Amendment 157 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Railway undertakings and ticket vendors offering transport contracts on behalf of one or more railway undertakings shall provide the passenger, upon request, with at least the information set out in Annex II, Part I in relation to the journeys for which a transport contract is offered by the railway undertaking concerned. Ticket vendors offering transport contracts on their own account, and tour operators, shall provide this information where available.
Amendment 164 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by using up-to-date communication technologies . Particular attention shall be paid to ensuring that tusing easily-accessible, commonly used and real-time up-to-date communication technologies, including non-proprietary technologies . This information is shall be accessible to persons with disabilities in accordance with the accessibility requirements laid down in Directive XXX and Regulation 454/2011 .
Amendment 167 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Station managers and infrastructure managers shall make real-time data relating to trains, including those operated by other railway undertakings available to railway undertakings and ticket vendors, in a non- discriminatory manner. They shall communicate any delays or changes that may occur to passengers in real-time.
Amendment 170 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4 a. Rail travel publicity, booking information as well as tickets shall mention the data on emissions as well as the energy consumption and source of a train journey.
Amendment 176 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Railway undertakings and ticket vendors shall offer tickets and, where available, through- tickets and reservations. They shall make all possible efforts to offer through-tickets, including for journeys across borders and with more than one railway undertaking. Booking these tickets shall be accessible and non- discriminatory, including for persons with disabilities and persons with reduced mobility
Amendment 184 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – introductory part
Article 10 – paragraph 2 – subparagraph 1 – introductory part
Without prejudice to paragraphs 3 and 4, railway undertakings and ticket vendors shall distribute tickets to passengers via at least onetwo of the following points of sale:
Amendment 188 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Amendment 189 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Railway undertakings shall offer the possibility to obtain tickets for the respective service on board the train, unless this is limited or denied on grounds relating to security or antifraud policy or compulsory train reservation or reasonable commercial grounds.
Amendment 192 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 4 – introductory part
Article 10 – paragraph 4 – introductory part
4. Where there is no ticket office or fully-accessible ticketing machine in the station of departure, passengers shall be informed at the station:
Amendment 201 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Where there is no ticket office or accessible ticketing machine in the station of departure, persons with disabilities and persons with reduced mobilityall passengers shall be permitted to buy tickets on board the train at no extra cost.
Amendment 202 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
Amendment 208 #
2017/0237(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Application Programming Interfaces to Travel Information and Reservation Systems 1. Railway undertakings shall publicly provide non-discriminatory access to all travel information as referred to in Article 9 through application programming interfaces. 2. Railway undertakings shall allow tour operators and ticket vendors to issue tickets, through-tickets, and reservations, as well as provide them with all necessary data or information to the end that they can successfully conclude a complete transport contract to issue tickets, including through-tickets, and reservations, through application programming interfaces, on a non- discriminatory basis. Such data or information include but are not restricted to schedules and timetables, intermodal connections, available seats, applicable fares, mandatory reservations and special conditions. 3. Railway undertakings shall ensure that the technical specifications of the application programming interfaces are well-documented, and openly accessible at no charge. They shall ensure that the dedicated communication interfaces make use of open standards, commonly used protocols, and machine-readable formats. Where no standards, protocols, or formats exist, railway undertakings shall make use of open documentation, development, and standardisation processes in their creation and make the standards, protocols, or formats, as well as the documentation accessible free of charge. 4. Railway undertakings shall ensure that, except for emergency situations, any change to the technical specification of their application programming interfaces is made available to tour operators and ticket vendors in advance as soon as possible and no less than 3 months before a change is implemented. Railway undertakings shall document emergency situations and make the documentation available to competent authorities on request. 5. Railway undertakings shall ensure that access to the application programming interfaces is provided in anon- discriminatory way, at the same level of availability and performance, including support, access to all documentation, standards, protocols, and formats. Tour operators and ticket vendors shall not be disadvantaged when compared with the railway undertakings themselves. 6. Application programming interfaces shall be established within 1 year after the entry into force of this Regulation. 7. Without prejudice to paragraphs 1-6 of this Article, railway undertakings shall not be permitted to establish technical measures that prevent or disadvantage parties from retrieving information from publicly available sources other than the application programming interfaces, such as their websites.
Amendment 213 #
2017/0237(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Re-routing transport service providers shall pay particular attention to providingrovide to persons with disabilities and persons with reduced mobility with a comparable level of accessibility to the alternative service.
Amendment 217 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) 25 % of the ticket price for a delay of 630 to 1159 minutes,
Amendment 221 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) 50 % of the ticket price for a delay of 120 minutes or more.60 to 119 minutes;
Amendment 222 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b a (new)
Article 17 – paragraph 1 – point b a (new)
(ba) 100% of the ticket price for a delay of 120 minutes or more.
Amendment 223 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b b (new)
Article 17 – paragraph 1 – point b b (new)
(bb) Holders of a seasonal ticket or reduction pass shall receive a compensation as mentioned under points (a)and (b) and based on the normal price of a ticket.
Amendment 227 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Paragraph 1 also applies to passengers who hold a travel pass or season ticket. If they encounter recurrent delays or cancellations during the period of validity of the travel pass or season ticket, they may request adequate compensation in accordance with the railway undertaking’s compensation arrangements. These arrangements shall state the criteria for determining delay and for the calculation of the compensation. Where delays of less than 630 minutes occur repeatedly during the period of validity of the travel pass or season ticket, the delays shall be counted cumulatively and passengers shall be compensated in accordance with the railway undertaking’s compensation arrangements.
Amendment 232 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The compensation of the ticket price shall be paid within one month after the submission of the request for compensation. The compensation may be paid in vouchers and/or other services if the terms are flexible (in particular regarding the validity period and destination). The compensation shall be paid in money at the request of the passenger. within the same payment system as the ticket was bought at the request of the passenger. By no means shall the passenger be discouraged from requesting compensation.
Amendment 239 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. The passenger shall not have any right to compensation if he is informed of a delay before he buys a ticket, or if a delay due to continuation on a different service or re-routing remains below 630 minutes.
Amendment 243 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
Amendment 265 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. In addition to the obligations on railway undertakings pursuant to Article 13a(3) of Directive 2012/34/EU, the station manager of a railway station handling at least 105 000 passengers per day on average over a year shall ensure that the operations of the station, the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station. The plan shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility; it shall ensure that stranded passengers are provided with adequate assistance and information, including in accessible formats in accordance with the accessibility requirements laid down in Directive XXX. Upon request, the station manager shall make the plan, and any amendments to it, available to the national enforcement body or to any other body designated by a Member StatThe plan shall also include requirements for the accessibility of alert and information systems. The station manager shall make the plan, and any amendments to it, publicly available. Station managers of railway stations handling fewer than 105 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations.
Amendment 271 #
2017/0237(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Railway undertakings and station managers shall, with the active involvement of representative organiszations of persons with disabilities and persons with reduced mobility, establish, or shall have in place, non- discriminatory access rulerules for barrier-free and independent access for the transport of persons with disabilities and persons with reduced mobility including their personal assistants. The rules shall allow the passenger to be accompanied by an assistance dog in accordance with any relevant national rules. service animal or an accompanying person, both free of charge, in accordance with any relevant national rules; they shall ensure that rail transport for persons with disabilities and persons with reduced mobility is immediate and spontaneous wherever possible.
Amendment 336 #
2017/0237(COD)
Proposal for a regulation
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3a. The national enforcement bodies, in collaboration with organisations representative of persons with disabilities and with reduced mobility, shall conduct regular audits of the assistance services provided in accordance with this Regulation and publish the results in accessible and commonly used formats.
Amendment 341 #
2017/0237(COD)
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 1
Article 33 – paragraph 3 – subparagraph 1
The body shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months. For complex cases, the body may, at its discretion, extend this period to six months. In such a case, it shall inform the passenger of the reasons for the extension and of the expected time needed to conclude the procedure. Only cases that involve legal proceedings may take longer than sixthree months. Where the body is also an alternative dispute resolution body within the meaning of Directive 2013/11/EU, the time limits laid down in that Directive shall prevail.
Amendment 342 #
2017/0237(COD)
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Article 33a Independent conciliation bodies The Member States shall install well- equipped independent conciliation bodies that will be easily accessible and affordable for passengers in case of conflict with rail undertakings, tour operators and ticket vendors on the enforcement of their rights.
Amendment 27 #
2017/0219(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU, Euratom) No. 1141/2014
Article 3 – paragraph 1 – point b – subparagraph 1
Article 3 – paragraph 1 – point b – subparagraph 1
Amendment 29 #
2017/0219(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU, Euratom) No. 1141/2014
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(1a) In Article 3, paragraph 1, the following point is inserted: ‘(ba) its members and its elected members in the European Parliament, national parliament or regional parliament or assembly, are not members of another European political party.’
Amendment 36 #
2017/0219(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU, Euratom) No. 1141/2014
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
(2a) In Article 18, the following paragraph 2a is inserted: “2a. Its member parties running in the elections of the European Parliament shall publish on their website the political programme and logo of the European political party to which they are affiliated, as well as information on the gender composition of their candidate lists and among their elected Members of the European Parliament.”
Amendment 38 #
2017/0219(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No. 1141/2014
Article 18 – paragraph 3 a
Article 18 – paragraph 3 a
3a. A European political party shall include in its application evidence demonstrating that its member parties have continuously published on their websites, during 12 months preceding the moment at which the applications is made, the political programme and logo of the European political party as well as information, in relation to each of the member partiethe information, in relation to each of its member parties that ran in the previous elections of the European political partyParliament, on the gender representation amongcomposition of their candidates at the laist elections to the European Parliaments and among their elected Members of the European Parliament.
Amendment 41 #
2017/0219(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU, Euratom) No. 1141/2014
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 52 #
2017/0219(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EU, Euratom) No. 1141/2014
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
(4a) In Article 20, after paragraph 1 the following paragraph is inserted: “1a. Donations to European political parties and European political foundations may be used to reimburse annual reimbursable expenditure of a European political party or to cover eligible costs of a European political foundation.”
Amendment 62 #
2017/0219(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EU, Euratom) No. 1141/2014
Article 32 – paragraph 1 – point j a (new)
Article 32 – paragraph 1 – point j a (new)
(6a) In Article 32, paragraph 1, the following point is inserted: “(ja) an updated list of Members of the European Parliament which are direct or indirect members of a European political party pursuant Article 17(1), (3) and 19(1).”
Amendment 64 #
2017/0219(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU, Euratom) No. 1141/2014
Article 40 a – paragraph 1
Article 40 a – paragraph 1
Amendment 18 #
2017/0035(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Experience has shown that, in the vast majority of cases, the appeal committee repeats the outcome of the examination committee and results in no opinion being delivered. The appeal committee has therefore not helped in providing clarity on Member State positions, or to overcome the absence of opinions in the examination procedure.
Amendment 22 #
2017/0035(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Where the act concerns the protection of the health or safety of humans, animals or plants, the granting of authorisations with regard to a product or substance should be subject to a qualified majority.
Amendment 23 #
2017/0035(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 27 #
2017/0035(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 33 #
2017/0035(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The Commission should have the possibility, in specific cases, to ask the Council to indicate its views and orientation on the wider implications of the absence of an opinion, including the institutional, legal, political and international implications. The Commission should take account of any position expressed by the Council within 3 months after the referral. In duly justified cases, the Commission may indicate a shorter deadline in the referralIn specific cases, at the request of the Commission, the European Parliament and the Council may decide to express their views on the wider implications of the outcome of the vote in the appeal committees, including the institutional, legal, political and international implications. In such cases, those views should be expressed within 3 months.
Amendment 35 #
2017/0035(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Transparency onshould be increased throughout the entire legislative process. In particular, the votes of individual Member State's representatives at the appeal committee level should be increased and the individual Member State representatives' votes should be made publicshould be made public. Where the act concerns particularly sensitive sectors, such as the protection of consumers or the health or safety of humans, animals or plants, greater importance should be given to the precautionary principle. Substantive reasons for votes on those sensitive acts should be given by each Member State representative. The Commission should also provide information on the composition of committees, including the persons present and the authorities and organisations to which those persons belong.
Amendment 40 #
2017/0035(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Where sustained difficulties arise in the implementation of a basic act, consideration should be given to reviewing the implementing powers conferred on the Commission in that basic act.
Amendment 43 #
2017/0035(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) No 182/2011
Article 3 – paragraph 7 – subparagraph 6
Article 3 – paragraph 7 – subparagraph 6
Amendment 47 #
2017/0035(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EU) No 182/2011
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Amendment 49 #
2017/0035(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 182/2011
Article 6 – paragraph 3a
Article 6 – paragraph 3a
3a. Where no opinion ishas been delivered inby the appeal committee, the Commission may refer the matter to the Council for an opinion indicating its views and orientation on the wider implications of the absence of opinion, including the institutional, legal, political and international implications. The Commission shall take account of any position expressed by the Councilask the European Parliament and the Council to express their views on the wider implications of the outcome of the vote in the appeal committee. Those expressions of views shall be delivered within 3three months after the referral. In duly justified cases, the Commission may indicate a shorter deadline in the referralof the Commission’s request.
Amendment 55 #
2017/0035(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b a (new)
Article 1 – paragraph 1 – point 2 – point b a (new)
Regulation (EU) No 182/2011
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
(ba) the following paragraph is inserted: “4a. By way of derogation from paragraph 3, where the basic act concerns the protection of the health or safety of humans, animals or plants and the draft implementing act provides for the grant of authorisations for a product or substance, such authorisations shall be approved only if the vote in accordance with paragraph 1 results in a positive opinion. This paragraph shall be without prejudice to the right of the Commission to propose a modified draft implementing act concerning the same subject matter.”
Amendment 58 #
2017/0035(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point -a (new)
Article 1 – paragraph 1 – point 3 – point -a (new)
Regulation (EU) No 182/2011
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(-a) in paragraph 1, point (c) is replaced by the following: “(c) the summary records, together with the lists of the persons present and the authorities and organisations to which those persons designated by the Member States to represent them belong;”
Amendment 61 #
2017/0035(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EU) No 182/2011
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) the voting results including, in the case of the appeal committee, the votes expressed by the representative of each Member Sta, broken down by representative of each Member State, together with the reasons for the vote;
Amendment 63 #
2017/0035(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EU) No 182/2011
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The references of all documents referred to in points (a) to (d), (f) and (g) of paragraph 1 as well as theAll documents and information referred to in points (e) and (h) of that paragraph 1 shall be made public in the register.
Amendment 67 #
2017/0035(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) No 182/2011
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
(3a) in Article 11, the following paragraph is added: “In addition, where either the European Parliament or the Council considers it to be appropriate to review the conferral of implementing powers on the Commission in the basic act, it may, at any time, call on the Commission to submit a proposal to amend that basic act.”
Amendment 68 #
2017/0035(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Rregulation shall not apply to pending procedures on which the appeal committee has already delivered an opinion on the date of entry into force of this Regulation.
Amendment 63 #
2016/2272(INI)
Motion for a resolution
Paragraph 4 – indent 1
Paragraph 4 – indent 1
- by encouraging that priority be given to repairing goods which are still under guarantee, except whereand facilitating measures that make the choice of repair attractive to the consumer in the context of the frepair is not expedient or would come at a proven additional costedom in choosing the remedy in cases of contractual non-conformity of goods under guarantee,
Amendment 70 #
2016/2272(INI)
Motion for a resolution
Paragraph 4 – indent 2
Paragraph 4 – indent 2
- by guaranteeing that the guarantee canshould be extended by a period equivalent to the time required to carry out the repair,
Amendment 76 #
2016/2272(INI)
Motion for a resolution
Paragraph 4 – indent 3
Paragraph 4 – indent 3
- by insisting that parts which are essential to the functioning of the product are replaceable, and by including the product’s reparability among its ‘key features’ and making fixing-it of essential components such as batteries and LEDs into products illegal, inter alia through a review of the Batteries Directive (2006/66/EC),
Amendment 88 #
2016/2272(INI)
Motion for a resolution
Paragraph 4 – indent 6 a (new)
Paragraph 4 – indent 6 a (new)
- by promoting the design and manufacturing of durable products with reparable and environmental friendly materials,
Amendment 99 #
2016/2272(INI)
Motion for a resolution
Paragraph 5 – indent 2
Paragraph 5 – indent 2
- by obliging marketers to supply essential parts at a reasonable price and within a reasonable period of time, for a minimum periodincluding after having placed the last product on the market,
Amendment 176 #
2016/2272(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Suggests to promote notification platforms for consumers for early failing and non-repairable products, such as the "Trop vite usé" platform initiative,
Amendment 199 #
2016/2272(INI)
Motion for a resolution
Paragraph 17 – indent 2 a (new)
Paragraph 17 – indent 2 a (new)
- - by reversing the burden of proof of non-conformity of a product from the consumer to the manufacturer,
Amendment 19 #
2016/2237(INL)
Motion for a resolution
Recital C
Recital C
C. whereas in some Member States specific legal forms have been created either by adapting the cooperative, mutual, association, or foundation model or though the introduction of legal forms that recognise the social commitment taken on by a plurality of entities and that include some features specific for social enterprises; whereas in other Member States social enterprises operate using pre- existing legal forms, including legal forms used by mainstream SMEs, such as the limited liability company;
Amendment 62 #
2016/2237(INL)
Motion for a resolution
Recital O
Recital O
O. whereas social enterprises should conduct a socially useful activity; whereas they may be active in a wide spectrum of activities; whereas social enterprises have typically engaged in the delivery of social services and work integration services for disadvantaged groups; whereas a common trend in national legislation has been to enlarge the range of activities in which social enterprises are entitled to engage, provided that they are of general interest and/or have a social utility, such as the provision of community services, including the educational, health, cultural and environmental fields; whereas these socially useful activities may be determined by law ex ante in a list or through a general clause;
Amendment 75 #
2016/2237(INL)
Motion for a resolution
Recital Q
Recital Q
Q. whereas social enterprises are not necessarily non-profit organisations but, on the contrary, they can also be for-profit; whereas this notwithstanding the main focus of social enterprises should be on social values and on having a positive and durable impact on society’s wellbeing and economic development, provided that their activities fully satisfy the criteria for obtaining the European social label, rather than making a profit for their owners, members or shareholders; whereas in th, and that an enterprise connection a constraint on distribution of profits and assets among members or shareholders, also known as ‘asset lock’, is essential to social enterprises; whereas a limited distribution of profits could be allowed, having regard to the legal form adopted by the socialmplies with the rules strictly limiting the return on capital and wage differentials within the enterprise, that it allows employees to have a say in decision-taking in accordance with the 'one person, one vote' principle, and that any profits are reinvested with a view to maintaining or developing the enterprise,'s but the procedures and rules covering that distribution should ensure that it does not undermine the primary objective of thesiness; whereas in this connection a constraint on distribution of profits and assets among members or shareholders, also known as ‘asset lock’, is essential to social enterprises; whereas the most significant proportion of profits made by a social enterprise should be reinvested or otherwise used to achieve its social purpose;
Amendment 77 #
2016/2237(INL)
Motion for a resolution
Recital S
Recital S
S. whereas social enterprises should be ruled following democratic governance models involving the persons affected by the activity in decisions to be taken, not least by applying the 'one person, one vote' principle; whereas this participatory model represents a structural procedure to control the actual pursuit of the organisation's social goals; whereas members’ power in decision-making should not be based only or primarily on any capital stake they may hold, even when the model adopted by the social enterprise is that of a commercial company;
Amendment 102 #
2016/2237(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the ‘European social label’ should be available for organisations that satisfyrigorously comply with a set of legal requirements in all of their activities, regardless of the legal form of their incorporation in a Member State; and that the label should be optional for the undertaking;
Amendment 111 #
2016/2237(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that a mechanism should be established in cooperation with Member States for the protection of the European social label and the prevention of the establishment and operation of ‘false’ social enterprises; this mechanism should ensure that enterprises bearing the European social label are monitored regularly regarding their compliance with the provisions set out in the label and apply effective and proportionate penalties for improperly obtaining or using the label;
Amendment 138 #
2016/2237(INL)
Motion for a resolution
Annex I – paragraph 3 – point c
Annex I – paragraph 3 – point c
(c) it should conduct a socially useful activity, as determined by law, either ex ante or through a general clausend solidarity-based activity, i.e. via its activities it should aim to provide support to vulnerable groups, to combat social exclusion, inequality and violations of fundamental rights, including at the international level, or to help protect the environment, biodiversity, the climate and natural resources;
Amendment 145 #
2016/2237(INL)
Motion for a resolution
Annex I – paragraph 3 – point e a (new)
Annex I – paragraph 3 – point e a (new)
(ea) it follows a fair compensation policy ensuring that the pay gap within the company may not exceed a ratio of 1/7.
Amendment 165 #
2016/2237(INL)
Motion for a resolution
Annex I – paragraph 17 a (new)
Annex I – paragraph 17 a (new)
Recommendation 8. The legislative act should set out a series of measures to promote the creation and development of social and solidarity-based enterprises. These measures should, as a minimum requirement, provide companies that have been recognised as social and solidarity-based enterprises with the following: – privileged access to public and private funding; – privileged conditions for access to public procurement contracts; – dedicated tax regimes.
Amendment 24 #
2016/2224(INI)
Motion for a resolution
Recital C
Recital C
C. whereas whistleblowers play an important role in reporting unlawful or improper conduct which underminesand exposing information in the public interest;
Amendment 28 #
2016/2224(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a number of publicised whistleblowing cases have shown that whistleblowing brings serious wrongdoinginformation of public interest such as unlawful or improper conduct to the attention of the public and of political authorities; whereas such wrongdoingsconduct haves therefore been subject to corrective measures;
Amendment 37 #
2016/2224(INI)
Motion for a resolution
Recital F
Recital F
F. whereas, in a number of cases, whistleblowers are subject to retaliatory action, intimidation and pressure with the intention of preventing or deterring them from whistleblowing or punishing them for having done so, whereas such pressure is particularly often exercised in the workplace where whistleblowers who have discovered information in the public interest in the context their working relationship may find themselves in a weaker position vis-à-vis employers;
Amendment 44 #
2016/2224(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the protection of whistleblowers is not guaranteed in a number of Member States, while many others have introduced advanced programmes tohat offer different degrees of protect themion; whereas the result of that is fragmented protection of whistleblowers in Europe, which makes it difficult for them to find out their rights and how to whistleblow, and creates legal insecurity in cross-border scenarios;
Amendment 60 #
2016/2224(INI)
Motion for a resolution
Recital I
Recital I
I. whereas Parliament has repeatedly called for the horizontal protection of whistleblowers in the EU;
Amendment 73 #
2016/2224(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 74 #
2016/2224(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes the high number of whistleblowing cases in workplace context, considers that next to the protection of the public interest and the rule of law, the protection of workers is an important goal of horizontal whistleblower legislation, which could be reflected in the legal basis of the future Commission proposal; considers however that whistleblowers should also be protected in cases that fall outside employer-employee relationships, including the self-employed, entrepreneurs, freelancers, consultants, temporary workers, interns, lawyers, board members, volunteers or people involved in an ongoing recruitment process;
Amendment 80 #
2016/2224(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes ‘whistleblower’ to mean anybody who reports on or reveals information on an unlawful or wrongful act or an act which undermines the public interest,in the public interest, including the European public interest, such as an unlawful or wrongful act which is or may be prejudicial to the public interest or information whose publication appears necessary in order to protect the public interest, irrespective of how the person concerned obtained the information in question; emphasises that this should include, but not be confined to, reporting in the context of his or her present or past working relationship, be it in the public or private sector, of a contractual relationship, or of his or her trade union or association activities;
Amendment 89 #
2016/2224(INI)
3. Considers that a breach of the public interest includes, but is not limited to, acts of corruption, conflicts of interest, unlawful usemismanagement of public funds, threats to the environment, health, public safety, national security and privacy and personal data protection, tax avoidance, attacks on consumers' and workers’ rights and other social rights, andbuses of power, attacks on human rights and fundamental freedoms and any act intended to conceal a breach of the public interest;
Amendment 98 #
2016/2224(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises that it must be possible to disclose information concerning the acts referred to in the previous paragraph even if the confidential nature of that information is safeguarded by a legal provision;
Amendment 104 #
2016/2224(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the role of whistleblowers in revealing serious attacks on the public interest has proved its significance on many occasions over a number of years and that whistleblowers have proved to be a crucial resource for investigative journalism and for an independent press; points out that guaranteeing the confidentiality of sources is fundamental to freedom of the press;
Amendment 110 #
2016/2224(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes with concernDeplores the fact that whistleblowers continue to be subject to civil and criminal proceedings in a number of Member States, while the existing means to defend, support and protect them are absent, insufficient or ineffective; notes that, in addition, the disparities between Member States lead to legal insecurity, forum shopping by companies involved in unethical practices and the risk of unequal treatment;
Amendment 120 #
2016/2224(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that one of the barriers to whistleblowers’ activities is the absence of clearly identified means of reporting; stresses that the absence of clearly identified means of reporting and the failure to follow up reports; stresses that this causes a number of whistleblowers to remain silent; expresses its concern about the retaliation and pressures which whistleblowers face when they address the guilty person or party in their organisation;
Amendment 125 #
2016/2224(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the credibility and validity of a report must be able to be assessed in part on the way in which it was made; bBelieves that it is necessary to establish a coherent system which enables reports to be delivered both inside and outside the organisation;
Amendment 132 #
2016/2224(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to study a tiered system enabling whistleblowing inside and outside the organisation; stresses that, to do so, clear procedures should be established; bBelieves that employers should be encouraged to introduce internal reporting procedures and that one person should be responsible for collecting reports in each organisation; considers that employee representatives should be involved in the assignment of that role; takes the view that the recipients of a report should be required to follow it up and to inform whistleblowers about the action taken on their reports;
Amendment 136 #
2016/2224(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the whistleblower should give priorityTakes the view that recourse to the organisation’'s internal reporting mechanisms or toand the competent authorities; stresses, however, that in the absence of a favourable response from the organisation, or if the whistleblower is at risk or urgently needs to report information, he or she must be able to turn to non-governmental organisations or the preshould be facilitated, in particular by means of information campaigns;
Amendment 138 #
2016/2224(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the whistleblower should give priority to teach organisation should set clear reporting channel allowing the whistleblower to blow the whistle inside his or her organisation’s internal reporting mechanisms or to the competent authorities; stresses, however,, underlines that each employee should be informed of that reporting procedure, which should guarantee confidentiality and a treatment of the alert in an reasonable time; underlines that in the absence of a favourable response from the organisation, or if the whistleblower is at risk or urgently needs to report information, he or she must be able to turn to non-governmental organisations or the press;
Amendment 140 #
2016/2224(INI)
11a. recalls the right of the public to be informed of any wrongdoing that undermines the public interest, underlines in that respect that it should always be possible for a whistleblower to publicly disclose information on an unlawful or wrongful act or an act which undermines public interest;
Amendment 144 #
2016/2224(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that reporting outside the organisation without first going through an internal step is not grounds to invalidate a report, file a lawsuit or refuse to give protectioTakes the view that whistleblowers should be free to choose the channel through which they report wrongdoing, which should include the option of informing the general public directly, and that they should be granted legal protection irrespective of the procedure chosen;
Amendment 155 #
2016/2224(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Considers that whistleblowers should have the option to file for interim relief to prevent retaliation such as dismissal, until there is an official outcome of any administrative, judicial or other proceedings
Amendment 161 #
2016/2224(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Expresses its concern about the practice of gagging orders, which involve filing or threatening to file lawsuits against the whistleblower not in an effort to have him or her convicted, but in an effort to bring about self-censorship or financial, mental or psychological exhaustion; takes the view, therefore, that the imposition of gagging orders should be punishable;
Amendment 166 #
2016/2224(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Points out the risk that whistleblowers run of having legal and civil proceedings brought against them; stresses that they are often the weaker party in trials; considers it necessary to provide for a reversal of the burden of proof in respect of retaliation against and pressure on whistleblowers; considers that the basis for whistleblower protection should be the information exposed, whether or not that information is in the public interest, whereas the intention of the whistleblower should be considered to be irrelevant, in order to remove incentives for attempts of character assassination by the parties bringing legal actions against whistleblowers, which could have a negative effect on whistleblowers even if a court decides in their favour; takes the view that confidentiality should be guaranteed throughout the proceedings;
Amendment 171 #
2016/2224(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Takes the view that whistleblowers should not be liable for prosecution, civil legal action or administrative or disciplinary penalties because they have made a report;
Amendment 174 #
2016/2224(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that the option to report anonymously would encourage whistleblowers to share information which they would not share otherwise; stresses, in that regard, that clearly regulated means of reporting anonymously should be introduced and that the identity of the whistleblower, and any information enabling him or her to be identified, should not be released without his or her consent; takes the view, in that connection, that any action which undermines whistleblowers' right to anonymity should be punished;
Amendment 179 #
2016/2224(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that nobody should lose the benefit of protection on the sole grounds that he or she has misjudged the facts or that the, that he or she wrongfully believed information to be in the public interest or that a perceived threat to the public interest did not materialise, provided that, at the time of reporting, he or she had reasonable grounds to believe them to be true;
Amendment 190 #
2016/2224(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the role that trade unions and civil society play in supporting and helping whistleblowers in their dealings within their organisation;
Amendment 195 #
2016/2224(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that, in addition to the professional risks, whistleblowers also face psychological and financial risks; believes that psychological support should be provided, that legal aid should be given to whistleblowers who ask for it, that financial aid should be given to those who express a duly justified need for it and that compensation for proven professional damages should be given as a protective measure if civil proceedings are brought against a whistleblowershould be given, irrespective of the damages suffered by the whistleblower as a result of making a report;
Amendment 201 #
2016/2224(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States to introduce an independent body responsible for collecting reports, verifying their credibility and, following them up at least by issuing binding recommendations, guiding whistleblowers, particularly in the absence of a positive response from their organisation, and providing them with financial assistance if necessary, in particular if they disclose facts which have cross-border implications or which directly concern the EU's institutions and bodies; suggests that this independent body should publish annual activity reports;
Amendment 211 #
2016/2224(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to propose the establishment of a similar body at EU level responsible for coordinating Member State activities, particularly in cross-border cases; believes that that European body should also be able to collect reports, verify their credibility, issue binding recommendations and guide whistleblowers when the response given by the Member State is obviously not appropriate; considers that the European Ombudsman’s mandate could be extended to serve that purpose;
Amendment 213 #
2016/2224(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Takes the view that this independent body should be given the budget it needs to carry out all its tasks; calls on the Commission, in that connection, to set up a European fund for whistleblowers in order to cover the cost of protecting them, in particular when they disclose information which has cross-border implications or which concerns the EU's institutions and bodies;
Amendment 216 #
2016/2224(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Considers that whistleblowers should have a meaningful opportunity to provide input to subsequent investigations or inquiries based on their disclosures;
Amendment 218 #
2016/2224(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Considers that whistleblowers should be allowed to clarify their complaint and provide additional information or evidence during an investigation;
Amendment 221 #
2016/2224(INI)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Considers that whistleblowers should also have the right to review and comment on the outcome of the investigation related to their disclosure;
Amendment 1041 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 118 – paragraph 7 a (new)
Rule 118 – paragraph 7 a (new)
7a. In the event of a change in the financial interests of a Commissioner during her/his term of office, this situation shall be subject to scrutiny by Parliament in accordance with Article 1(3) to (6) of Annex XVI. If a conflict of interests is identified during a Commissioner's term of office and the Commission fails to implement Parliament's recommendations for resolving that conflict of interests, Parliament may ask the President of the Commission to withdraw confidence in the Commissioner in question, pursuant to paragraph 5 of the Framework agreement on relations between the European Parliament and the European Commission.
Amendment 1278 #
2016/2114(REG)
Parliament's Rules of Procedure
Annex XVI – paragraph 1 – point a – interpretation –subparagraph 1 a (new)
Annex XVI – paragraph 1 – point a – interpretation –subparagraph 1 a (new)
The confirmation by the Committee responsible for Legal Affairs of the absence of any conflict of interests is an essential precondition for the holding of the hearing by the committee responsible. In the absence of such confirmation or if the Committee responsible for Legal Affairs identifies a conflict of interests, the procedure for appointing the Commissioner-designate shall be suspended.
Amendment 1279 #
2016/2114(REG)
Parliament's Rules of Procedure
Annex XVI – paragraph 6 b (new)
Annex XVI – paragraph 6 b (new)
The following guidelines shall be applied when the declarations of financial interests are scrutinised by the Committee responsible for Legal Affairs: (a) if, when scrutinising a declaration of financial interests, the Committee responsible for Legal Affairs deems, on the basis of the documents presented, the declaration to be accurate, complete and to contain nothing indicating an actual or potential conflict of interests in connection with the portfolio of the Commissioner-designate, its Chair shall send a letter confirming this fact to the committees responsible for the hearing or to the committees involved in the event of a procedure taking place during a Commissioner's term of office; (b) if the Committee responsible for Legal Affairs deems the declaration of interests of a Commissioner-designate to contain information which is incomplete or contradictory, or if there is a need for further information, it shall request this information from the Commissioner- designate and shall consider this before making its decision; (c) if the Committee responsible for Legal Affairs identifies a conflict of interests based on the declaration of financial interests or the supplementary information supplied by the Commissioner-designate, it shall draw up recommendations aimed at resolving the conflict of interests; the recommendations may include renouncing the financial interests in question and/or changes being made to the portfolio of the Commissioner-designate by the President of the Commission;
Amendment 7 #
2016/2101(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates the importance of a well- functioning and integrated Single Market to the recovery of the European economy after the financial crisis; supports the inclusion of Country-Specific Recommendations (CSRs) which go beyond narrow fiscal and macroeconomic targets and allow for a more balanced policy mix with the potential to help sustain a socially balanced recovery; welcomes this repositioning, as well as the streamlined structure of CSRs; calls for efforts to combat tax fraud and tax evasion to be stepped up;
Amendment 21 #
2016/2101(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the importance of ensuring consistency between ongoing and future Commission Single Market initiatives and the European Semester process, in particular those involving the Single Market and Digital Single Market Strategies; stresses, further, the need for investment to be concentrated on the priorities set in the Europe 2020 Strategy;
Amendment 30 #
2016/2101(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Member States to do all they can to foster a healthy business environment through innovation, energy efficiency, R&D and digitalisation, in order to create jobs, particularly through micro- businesses and SMEs, including enterprises in the social economy;
Amendment 64 #
2016/2057(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to explore the implementation of delinkage mechanisms, characterized by the uncoupling of R&D costs and the end prices of health products, to finance research and development as mentioned in the report of the United Nations Secretary General's high level Panel on access to medicines - Promoting innovation and access to health technologies; 1a __________________ 1a https://static1.squarespace.com/static/562 094dee4b0d00c1a3ef761/t/57d9c6ebf5e23 1b2f02cd3d4/1473890031320/UNSG+HL P+Report+FINAL+12+Sept+2016.pdf
Amendment 4 #
2016/2047(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underlines the urgent need to provide the Joint Transparency Register Secretariat with sufficient and adequate administrative and financial means in order to fulfil its tasks, as it plays a key role in ensuring fair and transparent activities of interest representatives; expects therefore an increase of its resources in the coming years, notably following the adoption of the new Inter- institutional agreement on the Transparency register;
Amendment 13 #
2016/2018(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Takes the view that the implementation of an agreement on 'better law-making should first and foremost stress the need to promote and implement at EU level public policies oriented towards social and environmental justice; considers that continuous-assessment mechanisms operating during the legislative procedure are likely to increase the bureaucracy and inertia of European institutions rather than improve the quality of European legislation;
Amendment 36 #
2016/2018(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the new IIA’s provisions on impact assessments, notably the principle that theyUnderlines that impact assessments may inform but never be a substitute for political decisions or cause undue delays to the legislative process; recalls that the Commission, in the Small Business Act, made a commitment to implementing the ‘think small first’ principle in its policymaking, and that this includes the SME test to assess the impact of forthcoming legislation and administrative initiatives on SMEs27 ; recalls that in its decision of 9 March 2016 on the new IIA Parliament stated that the wording of the new IIA does not sufficiently commit the three Institutions to include SME and competitiveness tests in their impact assessments28 ; underlines that, throughout the legislative procedure and in all assessments of the impact of proposed legislation, particular attention must be paid to the potential impacts on those who have least opportunity to present their concerns to decision takers, including SMEs and others who do not have the advantage of easy access to the Institutions; stresses the importance of taking into account and paying attention to the needs of SMEs at all stages of the legislative cycle and expresses satisfaction that the Commission’s Better Regulation Guidelines prescribe that potential impacts on SMEs and competitiveness should be considered and reported systematically in all impact assessments; encourages the Commission to consider how the impact on SMEs can be taken into account even better, including in connection with the European added value of a proposal, and intends to follow this issue closely in the years to come; _________________ 27 See Parliament’s resolution of 27 November 2014 on the revision of the Commission’s impact assessment guidelines and the role of the SME test (OJ C 289, 9.8.2016, p. 53), paragraph 16. 28 See Parliament’s resolution of 9 March 2016 on the conclusion of an Interinstitutional Agreement on Better Law-Making between the European Parliament, the Council of the European Union and the European Commission (Texts adopted, P8_TA(2016)0081), paragraph 4.
Amendment 43 #
2016/2018(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 98 #
2016/2018(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Is very concerned that the Council is trying almost systematically to replace delegated acts with either implementing acts or with detailed provisions in the legislative act itself; finds it particularly unacceptable that the Council is trying to use the post-Lisbon alignment to replace the regulatory procedure with scrutiny with implementing acts or with detailed provisions in the legislative act itself, instead of delegated acts;
Amendment 109 #
2016/2018(INI)
41. Deplores the fact that paragraphs 33 and 34 of the new IIA have not yet led to an improvement in the information flow from the Council, notably since there seems to be a general lack of information on the issues raised by the Member States within the Council and no systematic approach to facilitate the mutual exchange of views and information; notes with concern that the information flow usually varies greatly from Presidency to Presidency and varies between services of the Council’s General Secretariat; underlines the asymmetrical access to information between the co-legislators since the Council can attend parliamentary committee meetings when Parliament representatives are not invited to attend Council's working groups meetings;
Amendment 133 #
2016/2018(INI)
Motion for a resolution
Paragraph 53
Paragraph 53
53. WelcomNotes the Commission’s first annual burden survey undertaken in the context of simplification of EU legislation, for which it carried out a Flash Eurobarometer survey on business perceptions of regulation, interviewing over 10 000 businesses across the 28 Member States, mainly SMEs and reflecting the distribution of business in the EU; draws attention to the findings of the survey, which confirm that the focus on cutting unnecessary costs remains appropriate and suggest that there is a complex interplay of different factors that influence the perception of businesses, which may also be caused by variations in national administrative and legal set ups concerning the implementation of legislationis nevertheless concerned that the concept of Annual Burden Survey may give rise to the assumption that regulation would by their nature result in excessive administrative burdens; stresses that this exercise should also take into account the social and environmental benefits of the rules; points out that gold plating and even inaccurate media coverage can also affect such perception; agrees with the Commission that the only way to identify concretely what can actually be simplified, streamlined or eliminated is to seek views from all stakeholders on specific pieces of legislation or various pieces of legislation that apply to a particular sector; calls on the Commission to refine the annual burden survey, on the basis of the lessons learnt from the first edition, to apply transparent and verifiable data collection methods, to pay particular regard to SMEs’ needs, and to include both actual and perceived burdens, and to introduce a comparison with the "cost of non-Europe";
Amendment 10 #
2016/2010(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the Commission’s confirmation that the Postal Services Directive does not require any particular ownership structure for universal service providers (USPs); believes that USPs should not be prevented from investing and innovating in the provision of efficient and quality postal services; encourages providers and the public authorities to invest more in the postal sector so as to ensure its modernisation, renewal and the quality of the service it provides; considers it unacceptable to restrict the funding arrangements which Member States can use to perform their public service functions and that they must be free to choose whatever funding method they deem appropriate;
Amendment 17 #
2016/2010(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to monitor the evolving postal sector, including the growth of e-commerce and e-substitution, and to respond where necessary to ensure the sustainability of the USO; stresses that the diversity of postal services in Member States means that the Postal Services Directive needs to be applied with a degree of flexibility;
Amendment 30 #
2016/2010(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges the Commission to take full account of the occurrence, and further risk, of downgrading of job security and terms and conditions for workers in the postal sector, and to make specific provision to mitigate and avoid this in any proposed new legislation; and to require all operators to fully apply the legal or contractual provisions concerning employment, working and social security conditions and the exercise of fundamental rights, including the right to negotiate, conclude and enforce collective bargaining agreements and to take industrial action;
Amendment 35 #
2016/2010(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that geographical coverage and accessibility to universal services for parcel deliveries can and must be improved, especially for vulnerable consumers and those in remote areas; stresses the importance of ensuring accessibility to postal services for persons with disabilities and the consistency of the Postal Services Directive and the Accessibility Act;
Amendment 89 #
2016/2008(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points to the importance of e-voting as a system offering many potential advantages, in particular for young people, people with reduced mobility and people living or working in a Member State of which they are not a citizen or in a third country; recalls at the same time that e- voting needs to be implemented in compliance with the same legal principles of any democratic electoral process, namely, universal, equal, free, secret and direct suffrage and that e- voting needs to be implemented with measures sufficient to ensure the reliability of the result and data protection;
Amendment 104 #
2016/2008(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls the first successful European example of online voting in Estonia in its legally binding elections in 2005 as a positive example, but maintains that if the take-up of e-voting across Europe is to be successful, it will be necessary to assess the costs, benefits and challenges to develop e-voting at EU level, as well as the implications of different or divergent technological approaches;
Amendment 9 #
2016/2005(ACI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomesConsiders that the agreement reached between the institutions and considers this a good basis for establishing a new relationship between them with a view to delivering better law-making in the interest of the Union's citizens;
Amendment 15 #
2016/2005(ACI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes the view that an agreement on 'better legislation' should first and foremost stress the need to promote and implement at EU level public policies oriented towards social and environmental justice; considers that continuous-assessment mechanisms operating during the legislative procedure are likely to increase the bureaucracy and inertia of European institutions rather than improve the quality of European legislation;
Amendment 20 #
2016/2005(ACI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines the importance ofat the provisions of the new IIA on better law- making tools (impact assessments, public and stakeholder consultations, evaluations, etc.) for a well-iconfoirmed, inclusive and transparent decision-making process and for the correct application of legislation, whilst safeguarding the prerogatives legislators' prerogatives and will guarantee public consultation prior to adoption by the Commission of theany legislatorsive proposal; welcomes the aim of improving the implementation and application of Union legislation, inter alia through better identification of national measures that bear no relation to the Union legislation that is to be transposed ("'gold- plating"');
Amendment 41 #
2016/2005(ACI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines the importanceIs concerned at the introduction of the agreed "'Annual Burden Survey"', as a tool to help avoid overregulation and reduce administrative burdens; points out that the feasibility and desirability of establishing objectives for the reduction of burdens in specific sectors must be evaluated on a case-by-case basis in close cooperation between the institutions; welcomes in this respectthis gives rise to the assumption that the rules would by their nature result in excessive administrative burdens; stresses that this exercise should also take into account the social and environmental benefits of the rules; welcomes, however, the fact that the three institutions have agreed that impact assessments should also address the impact of proposals on administrative burdens, particularly as regards small and medium- sized enterprises; considers that clearer, stricter rules would be more likely to make legislation effective and easier to implement for small and medium-sized enterprises;
Amendment 53 #
2016/2005(ACI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Acknowledges that the agreed measures to improve the mutual exchange of views and information between Parliament and the Council in their capacity as legislators constitute a step forward, but considers that they do not yet establish a truly equal balance between the legislators throughout the legislative procedure in terms of mutual access to information and meetings; believes that this mutual access should include, on the side of Council, inter alia access to meetings and documents of COREPER and of Working Groups; warns that the agreed informal exchanges of views should not develop into a new arena of non-transparent interinstitutional negotiations;
Amendment 62 #
2016/2005(ACI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the commitment to ensure transparency of legislative procedures, but underlines the need for more concrete provisions and tools to achieve this; believes that this should include publication of all documents used during trilogue meetings before first-reading agreements are concluded;
Amendment 22 #
2016/0414(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In order for money laundering to be an effective tool against organised crime, it should not be necessary to identify the specifics of the crime that generated the property, let alone require a prior or simultaneous conviction for that crime. Prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another Member State or third country, provided it is a criminal offence in that Member State or third country. Member States may establish as a prerequisite the fact that the predicate offence would have been a crime in its national law, had it been committed there. This should not be interpreted as limiting the right to a fair trial.
Amendment 24 #
2016/0414(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) It is in the interest of justice that persons accused of an offence under Articles 3 and 4 of this Directive have a real opportunity to present their case and challenge the charges against them, and have access to the submissions and evidence against them.While the cases concerning terrorism and the financing of terrorism are of serious nature, there is an overriding imperative to disclose to individuals the essence of the case against them when they face the prospect of coercive measures by the State, so that they can give effective instructions to their lawyer or to the special lawyer.This Directive should also adhere to the principle of equality of arms between the parties.
Amendment 29 #
2016/0414(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Given the mobility of perpetrators and proceeds stemming from criminal activities, as well as the complex cross- border investigations required to combat money laundering, all Member States should establish their jurisdiction in order to enable the competent authorities to investigate and prosecute such activities. Member States should thereby ensure that their jurisdiction includes situations where an offence is committed by means of information and communication technology from their territory, whether or not based in their territory. Under the international human rights law concept of jurisdiction, States that are contracting parties to human rights treaties are obliged to secure the rights for individuals falling within their jurisdiction, even if such individuals are outside their territory.
Amendment 37 #
2016/0414(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. This Directive shall adhere in full to the Charter of Fundamental Rights of the European Union and the Convention for the Protection of Human Rights and Fundamental Freedoms.
Amendment 82 #
2016/0414(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Each Member State shall ensure that effective investigative tools, arising from the relevant legal framework, such as those used in countering organised crime or other serious crimes are available to persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 3 and 4.
Amendment 3 #
2016/0403(COD)
Proposal for a regulation
–
–
The Committee on Legal Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 58 #
Amendment 3 #
2016/0402(COD)
Proposal for a directive
–
–
The Committee on Legal Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 78 #
Amendment 29 #
2016/0337(CNS)
Proposal for a directive
Recital 1
Recital 1
(1) Companies which seek to do business across frontiers within the Union encounter serious obstacles and market distortions owing to the existence and interaction of 28 disparate corporate tax systems. Furthermore, tax planning structures have become ever-more aggressive and sophisticated over time, as they develop across various jurisdictions and effectively take advantage of the technicalities of a tax system or of mismatches between two or more tax systems for the purpose of reducing the tax liability of companies. Although those situations highlight shortcomings that are completely different in nature, they both create obstacles which impede the proper functioning of the internal market. Action to rectify those problems should therefore address both types of market deficiencies.
Amendment 30 #
2016/0337(CNS)
Proposal for a directive
Recital 2
Recital 2
(2) To support the proper functioning of the internal market, the corporate tax environment in the Union should be shaped in accordance with the principle that companies pay their fair share of tax in the jurisdiction(s) where their profits are generated. A corporate tax system which treats the Union as a single market for the purpose of computing the corporate tax base of companies would increase transparency of activities of multinational enterprises and enable the public to assess their impact on the economy. It is therefore necessary to provide for mechanisms that discourageprevent companies from taking advantage of mismatches amongst national tax systems in order to lower their tax liability. Groups with establishments within the Union should support the European Union principles of good governance. It is equally important to also stimulate growth and economic development in the internal market by facilitating cross-border trade and corporate investment. To this end, it is necessary to eliminate both double taxation and double non-taxation risks in the Union through eradicating disparities in the interaction of national corporate tax systems. At the same time, companies need an easily workable tax and legal framework for developing their commercial activity and expanding it across borders in the Union. In that context, remaining cases of discrimination should also be removed.
Amendment 33 #
2016/0337(CNS)
Proposal for a directive
Recital 5
Recital 5
(5) Many aggressive tax planning structures tend to feature in a cross- border context, which implies that the participating groups of companies possess a minimum of resources. On this premise, for reasons of proportionality, the rules on a common base should be mandatory only for companies which belong to a group of a substantial size. For that purpose, aA size-related threshold should be fixed on the basis of the total consolidated revenue of a group which files consolidated financial statements. In addition, to ensure coherence between the two steps of the CCCTB initiative, the rules on a common base should be mandatory for companies which would be considered as a group should the full initiative materialise. In order to better serve the aim of facilitating trade and investment in the internal market, the rules on a common corporate tax base should also be available, as an option, to companies which do not meet those criteria.
Amendment 38 #
2016/0337(CNS)
Proposal for a directive
Recital 8
Recital 8
(8) Taxable revenues should be reduced by business expenses and certain other items. Deductible business expenses should normally include all costs relating to sales and expenses linked to the production, maintenance and securing of income. To support innovation in the economy and modernise the internal market, deductions should be provided for research and development costs, including super-deduc only when it incentivizes companies to invest in the real economy and can have a positive impact on jobs, innovations, and those should be fully expensed in the year incurred (with the exception of immovable property). Small starting companies without associated enterprises which are particularly innovative (a category which will in particular cover start-ups) should also be supported through enhanced super-deductions for research and development costs. In order to ensure legal certainty, there should also be a list of non-deductible expensefuture oriented activities. Innovation should be promoted through investment and subsidies and not through tax exemptions.
Amendment 39 #
2016/0337(CNS)
Proposal for a directive
Recital 10
Recital 10
Amendment 46 #
2016/0337(CNS)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) it belongs to a consolidated group for financial accounting purposes with a total consolidated group revenue that exceeded EUR 7540 000 000 during the financial year preceding the relevant financial year;
Amendment 55 #
2016/0337(CNS)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 56 #
Amendment 19 #
2016/0336(CNS)
Proposal for a directive
Recital 1
Recital 1
(1) Companies which seek to do business across frontiers within the Union encounter serious obstacles and market distortions owing to the existence and interaction of 28 disparate corporate tax systems. Furthermore, tax planning structures have become ever-more aggressive and sophisticated over time, as they develop across various jurisdictions and effectively take advantage of the technicalities of a tax system or of mismatches between two or more tax systems for the purpose of reducing the tax liability of companies. Although those situations highlight shortcomings that are completely different in nature, they both create obstacles which impede the proper functioning of the internal market. Action to rectify these problems should therefore address both these types of market deficiencies.
Amendment 20 #
2016/0336(CNS)
Proposal for a directive
Recital 2
Recital 2
(2) To support the proper functioning of the internal market, the corporate tax environment in the Union should be shaped in accordance with the principle that companies pay their fair share of tax in the jurisdiction(s) where their profits are generated. A corporate tax system which treats the Union as a single market for the purpose of computing the corporate tax base of companies would increase transparency of activities of multinational enterprises and enable the public to assess their impact on the economy. It is therefore necessary to provide for mechanisms that discourageprevent companies from taking advantage of mismatches amongst national tax systems in order to lower their tax liability. Groups with establishments within the Union should support the European Union principles of good governance. It is equally important to also stimulate growth and economic development in the internal market by facilitating cross-border trade and corporate investment. To this end, it is necessary to eliminate both double taxation and double non-taxation risks in the Union through eradicating disparities in the interaction of national corporate tax systems. At the same time, companies need an easily workable tax and legal framework for developing their commercial activity and expanding it across borders in the Union. In that context, remaining cases of discrimination should also be removed.
Amendment 23 #
2016/0336(CNS)
Proposal for a directive
Recital 5
Recital 5
(5) Many aggressive tax planning structures tend to feature in a cross- border context, which implies that the participating groups of companies possess a minimum of resources. On this premise, for reasons of proportionality, the rules on a CCCTB should be mandatory only for groups of companies of a substantial size. For that purpose, aA size-related threshold should be fixed on the basis of the total consolidated revenue of a group which files consolidated financial statements. In addition, in order to better serve the aim of facilitating trade and investment in the internal market, the rules on a CCCTB should also be available, as an option, to those groups that fall short of the size- related threshold.
Amendment 35 #
2016/0336(CNS)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) it belongs to a consolidated group for financial accounting purposes with a total consolidated group revenue that exceeded EUR 7540 000 000 during the financial year preceding the relevant financial year;
Amendment 83 #
2016/0280(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Rapid technological developments continue to transform the way works and other subject-matter are created, produced, distributed and exploited. New business models and new actors continue to emerge. The objectives and the principles laid down by the Union copyright framework remain sound. However, legal uncertainty remains, for both rightholders and users, as regards certain uses, including cross-border uses, of works and other subject-matter in the digital environment. As set out in the Communication of the Commission entitled ‘Towards a modern, more European copyright framework’26 , in some areas it is necessary to adapt and supplement the current Union copyright framework. This Directive provides for rules to adapt certain exceptions and limitations to digital and cross-border environments, as well as measures to facilitate certain licensing practices as regards the dissemination of out-of- commerce works and the online availability of audiovisual works on video- on-demand platforms with a view to ensuring wider access to content. In order to achieve a well-functioning marketplace for copyright, there should also be rules on rights in publications, on the use of works and other subject-matter by online service providers storing and giving access to user uploaded content and on the transparency of authors' and performers' contracts. _________________ 26 COM(2015) 626 final. COM(2015) 626 final.
Amendment 281 #
2016/0280(COD)
Proposal for a directive
Recital 31
Recital 31
Amendment 295 #
2016/0280(COD)
Proposal for a directive
Recital 32
Recital 32
Amendment 312 #
2016/0280(COD)
Proposal for a directive
Recital 33
Recital 33
(33) For the purposes of this Directive, it is necessary to defineclarify the sconceptpe of press publication in a way that embraces only journalistic publications, published by a service provider, periodically or regularly updated in any media, for the purpose of informing or entertaining. Such publications would include, for instance, daily newspapers, weeklotection set out in Article s2 and 3 of Directive 2001/29/EC. In order to improve legal certainty for all concerned parties, and to ensure the freedom to carry out certain acts necessary for monthly magazines of general or special ithe normal functioning of the Internest and news websites. Periodical publications which are published for scientific or academic purposes, such as scientific journals, should not be covered by the protection granted to press publications under this Directive. This protection doess well as to take account of certain fundamental rights, these Articles should not extend to acts of hyperlinking, which do not constitute communication to the public.
Amendment 326 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 340 #
2016/0280(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 519 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 731 #
2016/0280(COD)
Proposal for a directive
Article 11
Article 11
Amendment 874 #
2016/0280(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13 a Where a performer has transferred or assigned the exclusive right of making available on demand, and independent of any agreed terms for such transfer or assignment, the performer shall have the right to obtain an equitable remuneration to be paid by the user for the making available to the public of his fixed performance. The right of the performer to obtain an equitable remuneration for the making available to the public of his performance shall be unwaivable and collected and administered by a performers' collective management organization.
Amendment 995 #
2016/0280(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 44 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point -a (new)
Article 1 – paragraph 1 – point 2 – point -a (new)
Directive (EU) 2015/849
Article 3 – paragraph 1 – point 4 – point f a (new)
Article 3 – paragraph 1 – point 4 – point f a (new)
(-a) in point (4), the following point is added: “(fa) offences relating to direct taxes and indirect taxes as defined in the national law of the Member States, taking into account Article 57 of this Directive.”
Amendment 48 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive (EU) 2015/849
Article 7 – paragraph 2 – subparagraph 1 a (new)
Article 7 – paragraph 2 – subparagraph 1 a (new)
Amendment 49 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive (EU) 2015/849
Article 9 – paragraph 2 – point c a (new)
Article 9 – paragraph 2 – point c a (new)
(2b) in Article 9(2), the following point is added: “(ca) the existence of robust systems to ensure that information on beneficial ownership is available to competent authorities of the third country without impediment”.
Amendment 50 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)
Article 1 – paragraph 1 – point 2 c (new)
Directive (EU) 2015/849
Article 9 – paragraph 2 – point c b (new)
Article 9 – paragraph 2 – point c b (new)
(2c) in article 9(2), the following point is added: “(cb) the existence of a proper sanctions regime in case of breach of law”.
Amendment 58 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/849
Article 14 – paragraph 5
Article 14 – paragraph 5
“5. Member States shall require that obliged entities apply the customer due diligence measures not only to all new customers but also at appropriate times to existing customers on a risk-sensitive basis, or when the relevant circumstances of a customer change, or when the obliged entity has a duty in the course of the relevant calendar year, to contact the customer for the purpose of reviewing any information related to the beneficial owner(s), in particular under Directive 2011/16/EU. Member States shall require that obliged entities contact the customer for the purpose of reviewing any information related to the beneficial owner(s) not later than... [one year after the date of entry into force of this Directive]”;
Amendment 60 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/849
Article 18a – paragraph 1 – point a
Article 18a – paragraph 1 – point a
(a) obtaining additional information on the customer and on the beneficial owner;
Amendment 61 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/849
Article 18a – paragraph 1 – point c
Article 18a – paragraph 1 – point c
(c) obtaining information on the source of funds or source of wealth of the customer and of the beneficial owner;
Amendment 62 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Directive (EU) 2015/849
Article 26 – paragraph 2
Article 26 – paragraph 2
(7a) Article 26(2)is replaced by the following: “2. Member States shall prohibit obliged entities from relying on third parties established in high-risk third countries. Member States may exempt branches and majority-owned subsidiaries of obliged entities established in the Union from that prohibition where those branches and majority-owned subsidiaries fully comply with the group-wide policies and procedures in accordance with Article 45”.
Amendment 63 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a (new)
Article 1 – paragraph 1 – point 9 – point -a (new)
Directive (EU) 2015/849
Article 30 – paragraph 1 – subparagraph 2 a (new)
Article 30 – paragraph 1 – subparagraph 2 a (new)
(-a) in paragraph 1, the following subparagraph is added: “Member States shall ensure that owners of shares or voting rights or ownership interest in corporate and other legal entities, including through bearer shareholdings, or through control via other means, disclose to those entities whether they are holding the interest in their own name and on their own account or on behalf of another person. Member States shall ensure that the natural person(s) who hold the position of senior managing official(s) in corporate and other legal entities, disclose to those entities whether they are holding the position in their own name or on behalf of another person”.
Amendment 65 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a a (new)
Article 1 – paragraph 1 – point 9 – point a a (new)
Directive (EU) 2015/849
Article 30 – paragraph 5 a (new)
Article 30 – paragraph 5 a (new)
(aa) the following paragraph is inserted: “5a. The information held in the register referred to in paragraph 3 of this Article on any corporate and legal entities other than those referred to in Article 1a(a) of Directive (EC) 2009/101 shall be publicly accessible. The information publicly accessible shall consist of at least the name, the date of birth, the nationality, the country of residence, contact details (without disclosure of a home address), the nature and extent of the beneficial interest held of the beneficial owner as defined in Article 3(6)(b). For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and open data standards, and subject to online registration. Member States may introduce a fee to cover the administrative costs”.
Amendment 89 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive (EU) 2015/849
Article 32 b (new)
Article 32 b (new)
Amendment 28 #
2016/0182(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Both organisations provided added value both to the sum of activities of their national members and to Union consumers in a way that national consumer advocacy groups were unable to deliver. National organisations dealing with all kinds of consumers' issues lack technical expertise in policy areas related to financial services. In addition, no other similar organisations have been identified at Union level so far. The evaluation also showed that no other applicant responded to the successive yearly calls for proposal since 2012, which tends to show that no other organisation is currently able to carry out similar Union- wide activities. Hence the need to support both organisations on a more sustainable mid-term basis.
Amendment 39 #
2016/0182(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) awareness and dissemination activities, including to a wide audience of financial services end-users and non- experts;
Amendment 42 #
2016/0182(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) activities reinforcing the interactions between the members of the organisations referred to in Article 3 and advocacys well as advocacy and policy advice activities fostering the positions of those members at Union level and promoting the public interest in financial regulation.
Amendment 44 #
2016/0182(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) to further enhance the participation of consumers and other financial services end-users, as well as stakeholders representing their interests, in Union and multilateral policy-making in the area of financial services;
Amendment 47 #
2016/0182(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Finance Watch and Better Finance shall be the sole beneficiaries of the Programme (‘beneficiaries’).
Amendment 50 #
2016/0182(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. In order to benefit from the Programme, these beneficiaries shall remain non-governmental, non-profit- making legal entities, independent of industry, commerce or business. They shall have no other conflicting interests and. They shall represent through their members the interests of Union consumers and other end-users in the field of financial services and seek to expand their network of active members within the Member States. The Commission shall ensure continued compliance with these criteria for the duration of the Programme by including them in the annual work programmes referred to in Article 7 and by assessing annually whether the beneficiaries meet these criteria before awarding the action grants referred to in Article 4.
Amendment 52 #
2016/0182(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Financing under the Programme shall be provided in the form of actionoperating grants awarded on an annual basis and shall be based on the proposals submitted by the beneficiaries in accordance with Article 7.
Amendment 56 #
2016/0182(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. In order to implement the Programme, the Commission shall adoptconfirm the beneficiaries' annual work programmes. Those annual work programmes shall set out the objectives to be pursued, the expected results of the actions performed by the beneficiaries, the method of implementation of those actions and the total amount required to perform those actions. They shall also contain a description of the actions to be financed, an indication of the amount allocated to each action and an indicative implementation timetable. For the actionoperating grants, the annual work programmes shall set out priorities and essential award criteria. The maximum rate of co-financing shall be 60% of eligible costs.
Amendment 58 #
2016/0182(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Commission shall adopt theconfirm the beneficiaries' annual work programmes by means of implementing acts.
Amendment 118 #
Amendment 119 #
2016/0149(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
Amendment 130 #
2016/0149(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This Regulation is without prejudice to the full application by all parcel delivery providers of all legal and contractual provisions concerning employment, working and social security conditions and the exercise of fundamental rights, including the right to negotiate, conclude and enforce collective bargaining agreements and to take industrial action.
Amendment 132 #
2016/0149(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a Member States may adopt or maintain in force more stringent provisions than those laid down in this Regulation for the benefit of users and where such provisions foster better user accessibility to efficient and affordable cross-border parcel delivery services.
Amendment 136 #
2016/0149(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point -a (new)
Article 2 – paragraph 2 – point -a (new)
(-a) "parcel" means a postal item with a weight not exceeding 31,5 kg; an item of correspondence alone shall not be considered a parcel;
Amendment 138 #
2016/0149(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) "parcel delivery services" means services involving the clearance, sorting, transport or distribution of postal items other than items of correspondence; transport alone shall not be considered a parcel delivery service; delivery of such items exceeding 31,5 kg shall not be considered a parcel delivery servicearcels;
Amendment 150 #
2016/0149(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) "terminal rates" means payments from the originating unparcel deliversaly service provider to the destination unparcel deliversaly service provider or intermediaries where applicable for the costs of cross- border parcel delivery services in the destination Member State.
Amendment 178 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) the number of persons working for thedirectly or indirectly for the parcel delivery services provider and involved in the provision of parcel delivery services in the Member State in which the provider is established in the previous calendar year; this information shall include quarterly breakdowns by reference to employment status, including whether full-time, part- time, temporary, on a non-guaranteed hours basis or self-employed and shall also cover persons working for subcontractors or companies to which the parcel delivery services provider outsources clearance, sorting, transport or distribution of parcels.
Amendment 187 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) the number of postal items other than items of correspondence and not exceeding 31,5 kg handledarcels handled over the previous calendar year in the Member State in which the parcels delivery service provider is established in the previous calendar year, broken down into national, incoming and outgoing cross- border postal items.
Amendment 196 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The national regulatory authorities may impose information requirements additional to those referred to in paragraphs 1 and 2 where3 provided that they are necessary and proportionate to ensure conformity with this Regulation.
Amendment 199 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. AThis Article shall not apply to any parcel delivery service provider which employs few, together with an 50 persons shall not be subject to the obligations under paragraph 1 y subsidiaries and linked undertakings, employs fewer thand 20 persons, unless that provider is established in more than one Member State. The number of persons shall include all those working on a full-time, part-time, temporary, non-guaranteed hours and self-employed basis.
Amendment 213 #
2016/0149(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. UnCross-border parcel deliversaly service providers providing parcel delivery servicesfalling within the scope of Article 3 shall provide the national regulatory authority of the Member State in which they are established with the public list of tariffs applicable on 1 January of each calendar year for the delivery of postal items falling within the categories listed in the Annex. That information shall be provided by 31 January of each calendar year at the latest.
Amendment 222 #
2016/0149(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. UnCross-border parcel deliversaly service providers providing parcel delivery servicesfalling within the scope of Article 3 shall provide the national regulatory authority with the terminal rates applicable on 1 January of each calendar year to postal items originating from other Member States. That information shall be provided by 31 January of each calendar year at the latest.
Amendment 233 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The national regulatory authority shall assess the affordability of cross- border tariffs included in the public lists of tariffs obtained in accordance with Article 4(1) within 3 months of receipt of that information. InThe purpose of that assessment, in particular the following elements shall be taken into account: shall be to assess whether the cost to individuals and small and medium- sized enterprises is affordable and to what extent the uptake of cross-border parcel delivery services is affected by delivery prices.
Amendment 241 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 246 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 252 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 257 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where the national regulatory authority concludes that cross-border tariffs referred to in paragraph 1 are not affordable, itIn carrying out that assessment, in particular the likely impact on the following shall be taken into account: (a) individual users with little disposable income; (b) individual and shmall request further necessary information and/or justification in relation to the level of those tariffs from the universal service providerand medium- sized enterprise users living or situated in remote or sparsely populated areas; (c) individual and small and medium- sized enterprise users that regularly use parcel delivery services.
Amendment 273 #
2016/0149(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 286 #
2016/0149(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Provision of information to users by traders All traders concluding sales contract with users that include the sending of cross- border parcels shall make available to users at the pre-contractual stage the following information, online or by other accessible means: (a) prices charged by them to users for cross-border parcel delivery; (b) cross-border delivery options offered, including track and trace, and mechanisms allowing the user to intervene throughout the delivery process, including regarding returns and to arrange redelivery or collection times where applicable; (c) details of their own and relevant parcel delivery service provider complaints processes and of the European Consumer Centre network for cross-border complaints.
Amendment 50 #
2016/0107(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
Amendment 51 #
2016/0107(COD)
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) Country-by-country reporting will also have a positive impact on employees' rights to information and consultation as foreseen in Directive 2002/14/EC and, by increasing knowledge on companies’ activities, on the quality of engaged dialogue within companies.
Amendment 79 #
2016/0107(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The public should be able to scrutinise all the activities of a group when the group has certain establishments within the Union. Groups with establishments within the Union should support the European Union principles of tax good governance. For groups which carry out activities within the Union only through subsidiary undertakings or branches, subsidiaries and branches should publish and make accessible the report of the ultimate parent undertaking. However for reasons of proportionality and effectiveness, the obligation to publish and make accessible the report should be limited to medium-sized or large subsidiaries established in the Union, or branches of a comparable size opened in a Member State. The scope of Directive 2013/34/EU should therefore be extended accordingly to branches opened in a Member State by an undertaking which is established outside the Union.
Amendment 80 #
2016/0107(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Multinational companies are operating worldwide and their strategies and behaviours have significant impacts on developing countries. Country-by- country reporting will therefore allow citizens and public authorities from those countries to monitor those companies’ activities. It will also provide the EU with some important information to increase consistency between internal policies and development policy.
Amendment 81 #
2016/0107(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to avoid double reporting for the banking sector, uUltimate parent undertakings which are subject to Directive 2013/36/EU of the European Parliament and of the Council21 and which include in their report prepared in accordance with Article 89 of Directive 2013/36/EU all its activities and all the activities of its affiliated undertakings included in the consolidated financial statements, including activities not subject to the provisions of Chapter 2 of Title 1 of Part Three of Regulation (EU) No 575/2013 of the European Parliament and of the Council22, should be exempted from the reporting requirements set out in this Directivecomply with reporting obligations set out in Directive 2013/34/EU as amended if the list of information to be disclosed is more comprehensive than that provided for in Article 89 of Directive 2013/36/EU. __________________ 21 Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338). 22 Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).
Amendment 89 #
2016/0107(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The report on income tax information should provide information concerning all the activities of an undertaking or of all the affiliated undertakings of a group controlled by an ultimate parent undertaking. The information should be based on the reporting specifications of BEPS’ Action 13 and should be limited to what is necessary to enable effective public scrutiny, in order to ensure that disclosure does not give rise to disproportionate risks or disadvantages. The report should also include a brief description of the nature of the activities. Such description might be based on the categorisation provided for in table 2 of the Annex III of Chapter V of the OECD “Transfer Pricing Guidelines on Documentation”. The report should include an overall narrative providing explanations, including in case of material discrepancies at group level between the amounts of taxes accrued and the amounts of taxes paid, taking into account corresponding amounts concerning previous financial years.
Amendment 90 #
2016/0107(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In order to ensure a level of detail that enables citizens to better assess the contribution of multinational undertakings to welfare in each Member State, the information should be broken down by Member State. Moreover, information concerning the operations of multinational enterprises should also be shown with a high level of detail as regards certain tax jurisdictions which pose particular challenges. For all other third country operations, the information should be given in an aggregate numberjurisdiction. Report on income tax information can only be meaningfully understood and used with disaggregated information for each jurisdiction.
Amendment 98 #
2016/0107(COD)
Proposal for a directive
Recital 10
Recital 10
(10) In order to strengthen responsibility vis-á-vis third parties and to ensure appropriate governance, the members of the administrative, management and supervisory bodies of the ultimate parent undertaking which is established within the Union and which has the obligation to draw up, publish and make accessible the report on income tax information, should be collectively responsible for ensuring the compliance with these reporting obligations. Given that mMembers of the administrative, management and supervisory bodies of the subsidiaries which are established within the Union and which are controlled by an ultimate parent undertaking established outside the Union or the person(s) in charge of carrying out the disclosures formalities for the branch may have limited knowledge of the content of the report on income tax information prepared by the ultimate parent undertaking, their responsibilitybut it is essential that they ensure they implement all necessary actions to publish and make accessible the report on income tax information should be limited.
Amendment 102 #
2016/0107(COD)
Proposal for a directive
Recital 11
Recital 11
(11) To ensure that cases of non- compliance are disclosed to the public, statutory auditor(s) or audit firm(s) should check whether the report on income tax information has been submitted and presented in accordance with the requirements of this Directive and, made accessible on the relevant undertaking’s website or on the website of an affiliated undertaking and that publicly-disclosed information is in line with the audited financial information by the undertaking.
Amendment 104 #
2016/0107(COD)
Proposal for a directive
Recital 13
Recital 13
Amendment 121 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 1 – subparagraph 1
Chapter 10 a – Article 48 b – paragraph 1 – subparagraph 1
Member States shall require ultimate parent undertakings governed by their national laws and having a consolidated net turnover exceeding EUR 750 000 000 as well aslarge groups or undertakings as defined in Article 3 of this Directive, including ultimate parent undertakings governed by their national laws and undertakings governed by their national laws that are not affiliated undertakings and having a net turnover exceeding EUR 750 000 000 to draw up and publish a report on income tax information on an annual basis.
Amendment 131 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 2
Chapter 10 a – Article 48 b – paragraph 2
2. Member States shall not apply the rules set out in paragraph 1 of this Articlfor public disclosure of information set out in this Directive to ultimate parent undertakings where such undertakings or their affiliated undertakings are subject to Article 89 of Directive 2013/36/EU oif the European Parliament and of the Council* and encomplist of information to be disclosed set out in this Directive is more comprehensive. In that casse, in a country-by-country report, information on all the activities of all the affiliated undertakings included in the consothe Commission shall submit a proposal for a legislative act to amend Article 89 of Directive 2013/36/EU in order to align the reporting oblidgated financial statement of those ultimate parent undertakingsions provided for in that Directive with those set out in this Directive.
Amendment 135 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 3 – subparagraph 1
Chapter 10 a – Article 48 b – paragraph 3 – subparagraph 1
Member States shall require the medium- sized and large subsidiary undertakings referred to in Article 3(3) and (4) which are governed by their national laws and controlled by an ultimate parent undertaking which has a consolidated net turnover exceeding EUR 7540 000 000 and which is not governed by the law of a Member State, to publish the report on income tax information of that ultimate parent undertaking on an annual basis.
Amendment 156 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 5 – point a
Chapter 10 a – Article 48 b – paragraph 5 – point a
(a) the undertaking which opened the branch is either an affiliated undertaking of a group which is controlled by an ultimate parent undertaking not governed by the law of a Member State and which has a consolidated net turnover exceeding EUR 7540 000 000 or an undertaking that is not an affiliated and which has a net turnover exceeding EUR 7540 000 000;
Amendment 161 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 5 – point b
Chapter 10 a – Article 48 b – paragraph 5 – point b
(b) the ultimate parent undertaking referred to in point (a) does not have a medium-sized or large subsidiary undertaking as referred to in paragraph 3 already subject to the reporting obligations.
Amendment 162 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 6
Chapter 10 a – Article 48 b – paragraph 6
6. Member States shallmay choose not to apply the rules set out in paragraphs 3 and 4 of this Article where an report on income tax information drawn up in accordance with Article 48c is made accessible to the public on the website of the ultimate parent undertaking not governed by the law of a Member State within a reasonable period of time, which shall not exceeding standards that correspond to the requirements laid down in Article 48b, 48c, 48d, 48e and 48f apply to an ultimate parent undertaking not governed by the law of a Member States, leading to a report on income tax information being made accessible to the public on the website of the ultimate parent undertaking within maximum 12 months after the balance sheet date and where the report identifiescontaining the name and registered office of the single subsidiary undertaking or the single branch governed by the law of a Member State which has published the report in accordance with Article 48d(1). In such a case, the European Commission shall first assess whether the non- European reporting obligations match the information required under this Directive before granting the Member States the possibility not to apply the rules set out in paragraphs 3 and 4. Such assessment shall be made public by the European Commission.
Amendment 170 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 2 – point a
Chapter 10 a – Article 48 c – paragraph 2 – point a
(a) a list of the names of undertakings and a brief description of the nature of the activities as well as their country of tax registration;
Amendment 179 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 2 – point b
Chapter 10 a – Article 48 c – paragraph 2 – point b
(b) the number of employees employed on a full-time equivalent basis;
Amendment 185 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 2 – point b c (new)
Chapter 10 a – Article 48 c – paragraph 2 – point b c (new)
(bc) tangible assets other than cash or cash equivalents as well as the assets value, and annual cost of maintaining those assets;
Amendment 188 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 2 – point b d (new)
Chapter 10 a – Article 48 c – paragraph 2 – point b d (new)
(bd) the volume of sales and purchases;
Amendment 190 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 2 – point c
Chapter 10 a – Article 48 c – paragraph 2 – point c
(c) the amount of the net turnover, which includesing the turnover made with related and unrelated parties;
Amendment 196 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 2 – point f a (new)
Chapter 10 a – Article 48 c – paragraph 2 – point f a (new)
(fa) stated capital;
Amendment 203 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 2 – point g a (new)
Chapter 10 a – Article 48 c – paragraph 2 – point g a (new)
(ga) public subsidies received;
Amendment 206 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 2 – point g b (new)
Chapter 10 a – Article 48 c – paragraph 2 – point g b (new)
(gb) whether undertakings, subsidiaries or branches benefit from a preferential tax treatment from a patent box or equivalent regimes;
Amendment 208 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 3 – subparagraph 1
Chapter 10 a – Article 48 c – paragraph 3 – subparagraph 1
The report shall present the information referred to in paragraph 2 separately for each Member State. Where a Member State comprises several tax jurisdictions, the information shall be combined at Member State levelpublished for each tax jurisdictions.
Amendment 212 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 3 – subparagraph 2
Chapter 10 a – Article 48 c – paragraph 3 – subparagraph 2
The report shall also present the information referred to in paragraph 2 of this Article separately for each tax jurisdiction which, at the end of the previous financial year, is listed in the common Union list of certain tax jurisdictions drawn up pursuant to Article 48g, unless the report explicitly confirms, subject to the responsibility referred to in Article 48e below, that the affiliated undertakings of a group governed by the laws of such tax jurisdiction do not engage directly in transactions with any affiliated undertaking of the same group governed by the laws of any Member Statenon- European tax jurisdiction on a disaggregated basis.
Amendment 216 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 3 – subparagraph 3
Chapter 10 a – Article 48 c – paragraph 3 – subparagraph 3
Amendment 232 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 4
Chapter 10 a – Article 48 c – paragraph 4
4. The report shall include at group level an overall narrative providing explanations, including on material discrepancies between the amounts disclosed pursuant to points (e) and (f) of paragraph 2, if any, taking into account if appropriate corresponding amounts concerning previous financial years.
Amendment 244 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 e – paragraph 1
Chapter 10 a – Article 48 e – paragraph 1
1. Member States shall ensure that the members of the administrative, management and supervisory bodies of the ultimate parent undertaking referred to in Article 48b(1), acting within the competences assigned to them under national law, have collectivare responsibilityle for ensuring that the report on income tax information is drawn up, published and made accessible in accordance with Articles 48b, 48c and 48d.
Amendment 245 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 e – paragraph 2
Chapter 10 a – Article 48 e – paragraph 2
2. Member States shall ensure that the members of the administrative, management and supervisory bodies of the subsidiary undertakings referred to in Article 48b(3) of this Directive and the person(s) designated to carry out the disclosure formalities provided for in Article 13 of Directive 89/666/EEC for the branch referred to in Article 48b(4) of this Directive, acting within the competences assigned to them by national law, have collective responsibility for ensuring that, to the best of their knowledge and ability, the report on income tax information is drawn up, published and made accessible in accordance with Articles 48b, 48c and 48d.
Amendment 248 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 f – paragraph 1
Chapter 10 a – Article 48 f – paragraph 1
Member States shall ensure that, where the financial statements of an affiliated undertaking are audited by one or more statutory auditor(s) or audit firm(s) pursuant to Article 34(1), the statutory auditor(s) or audit firm(s) also check whether the report on income tax information has been provided and made accessible in accordance with Articles 48b, 48c and 48d. The information referred to in Article 48c of this Directive shall be audited in accordance with Directive 2006/43/EC. The statutory auditor(s) or audit firm(s) shall indicate in the audit report if the report on income tax information has not been provided or made accessible in accordance with those Articles.
Amendment 250 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 g
Chapter 10 a – Article 48 g
Amendment 266 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 49 – paragraphs 2, 3, 3a and 5
Article 49 – paragraphs 2, 3, 3a and 5
Amendment 270 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2013/34/EU
Article 51 – paragraph 1 a (new)
Article 51 – paragraph 1 a (new)
Amendment 99 #
2016/0084(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Contaminants in CE marked fertilising products, such as cadmium, can potentially pose a risk to human and animal health and the environment as they accumulate in the environment and enter the food chain. Their content should therefore be limited in such products. Furthermore, impurities in CE marked fertilising products derived from bio-waste, in particular polymers but also metal and glass, should be either prevented or limited to the extent technically feasible by detection of such impurities in separately collected bio-waste before processing.
Amendment 108 #
2016/0084(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Products complying with all the requirements of this Regulation should be allowed to move freely on the internal market. Where one or more of the component materials in a CE marked fertilising product falls within the scope of Regulation (EC) No 1069/2009 of the European Parliament and of the Council18 , but reaches a point in the manufacturing chain beyond which it no longer poses any significant risk to public or animal health (the 'end point in the manufacturing chain'), it would represent an unnecessary administrative burden to continue subjecting the product to the provisions of that Regulation. Such fertilising products should therefore be excluded from the requirements of that Regulation. Regulation (EC) No 1069/2009 should therefore be amended accordingly. _________________ 18 Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ L 300, 14.11.2009, p. 1).
Amendment 119 #
2016/0084(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Certain substances and mixtures, commonly referred to as agronomic additives, improve the nutrient release pattern of a nutrient in a fertiliser. Substances and mixtures made available on the market with the intention of them being added to CE marked fertilising products for that purpose should fulfil certain efficacy, safety and environmental criteria at the responsibility of the manufacturer of those substances or mixtures, and should therefore as such be considered as CE marked fertilising products under this Regulation. Furthermore, CE marked fertilising products containing such substances or mixtures should be subject to certain efficacy and safety, safety and environmental criteria. Such substances and mixtures should therefore also be regulated as component materials for CE marked fertilising products.
Amendment 122 #
2016/0084(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) As products made up of substances and mixtures in addition to the fertilising elements are intended to be added to soil and released in to the environment, conformity criteria should apply to all materials in the product, in particular where they are small or break down into small fragments that can be dispersed throughout soil and into water systems and carried to the wider environment. Therefore biodegradability criteria and conformity testing should also be under realistic in-vivo conditions that take into consideration differential rates of decomposition under anaerobic conditions, in aquatic habitats or under water, in waterlogged conditions or in frozen soil.
Amendment 125 #
2016/0084(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Certain substances, mixtures and micro-organisms, commonly referred to as plant biostimulants, are not as such nutrients, but nevertheless stimulate plants' nutrition processes. Where such products aim solely at improving the plants' nutrient use efficiency, tolerance to abiotic and biotic stress, or crop quality traits, they are by nature more similar to fertilising products than to most categories of plant protection products. Such products should therefore be eligible for CE marking under this Regulation and excluded from the scope of Regulation (EC) No 1107/2009 of the European Parliament and of the Council21 . Regulation (EC) No 1107/2009 should therefore be amended accordingly. _________________ 21 Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).
Amendment 158 #
2016/0084(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
(ba) Directive 91/676/EEC
Amendment 160 #
2016/0084(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b b (new)
Article 1 – paragraph 2 – point b b (new)
(bb) Directive 2000/60/EC
Amendment 162 #
2016/0084(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point h a (new)
Article 1 – paragraph 2 – point h a (new)
(ha) Regulation (EC) N° 834/2007
Amendment 176 #
2016/0084(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Member States may maintain national rules that were in force before [date of entry into force of this Regulation] concerning restrictions on the content of cadmium in fertilising products at levels below those set out in Part II of Annex I down to the lowest level set out therein before that lowest level has become applicable. Such existing national measures shall be reported to the Commission by [six months after the date of entry into force of this Regulation] and may remain in force until the date when lower levels set out in Annex I, Part II apply. From [date of entry into force of this Regulation] until [xxx1a years after the date of application of this Regulation] Member States may adopt national rules that implement the lower limits for cadmium as set out in Part II of Annex I, where justified, in particular, on grounds such as the protection of public health or the environment. Member States shall notify such measures to the Commission in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services. _________________ 1a Insert date that will finally be agreed for the lowest level.
Amendment 184 #
2016/0084(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
As of [Publications Office, please insert date 10 years after date of application], only fertilising products that comply with the provisions on contaminants in Annex I, Part II may be made available on the market.
Amendment 186 #
2016/0084(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Manufacturers shall keep the technical documentation and the EU declaration of conformity for 105 years after the CE marked fertilising product covered by those documents has been placed on the market.
Amendment 194 #
2016/0084(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
When deemed appropriate with regard to the performance of, or the risks presented by, a CE marked fertilising product, manufacturers shall, to protect the health and safety of consumers and the environment, carry out sample testing of such fertilising products made available on the market, investigate, and, if necessary, keep a register of complaints, of non- conforming CE marked fertilising products and recalls of such products, and shall keep distributors informed of any such monitoring.
Amendment 202 #
2016/0084(COD)
Proposal for a regulation
Article 6 – paragraph 8 – subparagraph 2
Article 6 – paragraph 8 – subparagraph 2
Furthermore, where manufacturers consider or have reason to believe that CE marked fertilising products which they have placed on the market present a risk to human health, or an unacceptable risk to human, animal or plant health, to safety or to the environment, they shall immediately inform the competent national authorities of the Member States in which they made the fertilising products available on the market to that effect, giving details, in particular, of any non-compliance and of any corrective measures taken.
Amendment 227 #
2016/0084(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. When deemed appropriate with regard to the performance of or the risks presented by a CE marked fertilising product, importers shall, to protect the health and safety of consumers and the environment, carry out sample testing of such fertilising products made available on the market, investigate, and, if necessary, keep a register of complaints, of non- conforming CE marked fertilising products and recalls of such products, and shall keep distributors informed of any such monitoring.
Amendment 231 #
2016/0084(COD)
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. Importers shall, for 105 years after the CE marked fertilising product has been placed on the market, keep a copy of the EU declaration of conformity at the disposal of the market surveillance authorities and ensure that the technical documentation can be made available to those authorities, upon request.
Amendment 244 #
2016/0084(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The economic operators shall be able to present the information referred to in the first paragraph for 105 years after they have been supplied with the CE marked fertilising product and for 105 years after they have supplied the CE marked fertilising product.
Amendment 246 #
2016/0084(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 251 #
2016/0084(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The CE marking shall be affixed before the CE marked fertilising product is placed on the market. It may be followed by a pictogram or any other mark indicating a special risk or use.
Amendment 256 #
2016/0084(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
A CE marked fertilising product, containing or consisting of waste that has undergone a recovery operation andin accordance with this regulation, that complies with the requirements laid down in this Regulation shall be considered to comply with the conditions laid down in Article 6(1) of Directive 2008/98/EC and shall, therefore, be considered as having ceased to be waste from the moment the EU certificate of conformity is drawn up.
Amendment 261 #
2016/0084(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Where a notified body finds that the requirements set out in Annex I, Annex II or Annex III, or corresponding harmonised standards, common specifications referred to in Article 13 or other technical specifications, have not been met by a manufacturer, it shall require that manufacturer to take appropriate corrective measures and shall not issue a conformity certificate.
Amendment 264 #
2016/0084(COD)
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1
Article 37 – paragraph 1 – subparagraph 1
Where the market surveillance authorities of one Member State have sufficient reason to believe that a CE marked fertilising product presents an unacceptable risk to human, animal or plant health, to safety or to the environment or to other aspects of public interest protection covered by this Regulation, they shall carry out an evaluation in relation to the fertilising product concerned covering all the requirements laid down in this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities for that purpose.
Amendment 270 #
2016/0084(COD)
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 2
Article 37 – paragraph 1 – subparagraph 2
Where, in the course of the evaluation, the market surveillance authorities find that the CE market fertilising product does not comply with the requirements laid down in this Regulation, they shall without delay require the economic operator to take all appropriate corrective actions within a reasonable period to bring the fertilising product into compliance with those requirements, to withdraw the fertilising product from the market, or to recall it, or within a reasonable period, commensurate with the nature of the risk, as it may prescribe, and to remove the CE marking.
Amendment 274 #
2016/0084(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Where, having carried out an evaluation under Article 37(1), a Member State finds that although a CE marked fertilising product is in compliance with this Regulation it presents an unacceptable risk to human, animal or plant health, to safety or to the environment, it shall or to other aspects of public interest protection, it shall without delay require the relevant economic operator to take all appropriate measures within a reasonable period to ensure that the fertilising product concerned, when placedmade available on the market, no longer presents that risk, to withdraw the fertilising product from the market or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe.
Amendment 276 #
2016/0084(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. Where the non-compliance referred to in paragraph 1 persists, the Member State concerned shall take all appropriate measures to restrict or prohibit the CE marked fertilising product being made available on the market or ensure that it is recalled or withdrawn from the market orand that the CE marking is removed.
Amendment 287 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 43 to amend Annex I, Part I and Annexes II to IV for the purposes of adapting them to technical progress and facilitating internal market access and free movement for CE marked fertilising products
Amendment 315 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 4 a (new)
Article 42 – paragraph 4 a (new)
4a. The Commission shall review Annex I Part II ten years after the entry into force of this Regulation or in case there is any new relevant scientific information available as regards the toxicity and carcinogenicity of relevant contaminants or any new technological progress and innovation in the field of production and use of fertilising products
Amendment 318 #
2016/0084(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
Regulation (EC) 1107/2009
Article 3 – point 34
Article 3 – point 34
(3) "34. "plant biostimulant" means a productny naturally occurring substance or microorganism stimulating plant nutrition processes independently of ithe product's nutrient content, or any combination of such substances and/or microorganisms, with the sole aim of improving one or more of the following characteristics of the plant:
Amendment 321 #
2016/0084(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
Regulation (EC) 1107/2009
Article 3 – point 34 – point b
Article 3 – point 34 – point b
(b) tolerance to abiotic as well as biotic stress;
Amendment 324 #
2016/0084(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
Regulation (EC) 1107/2009
Article 3 – point 34 – point c
Article 3 – point 34 – point c
(c) crop quality traits.
Amendment 332 #
2016/0084(COD)
Proposal for a regulation
Article 46 a (new)
Article 46 a (new)
Article 46 a Review No later than [Publications office, please insert the date occurring two years after the date of application of this Regulation], the Commission shall assess the risks to human health and the environment from uranium contamination in fertilisers and report to the Council and the European Parliament. This report shall be accompanied, if appropriate, by a legislative proposal.
Amendment 333 #
2016/0084(COD)
Proposal for a regulation
Article 46 b (new)
Article 46 b (new)
Article 46 b By (Publications office, please insert the date 5 years after the date of entry into force), the Commission shall carry out a review of the conformity assessment procedure of micro-organisms
Amendment 481 #
2016/0084(COD)
Proposal for a regulation
Annex II – part II – CMC 2 – point 2
Annex II – part II – CMC 2 – point 2
Amendment 483 #
2016/0084(COD)
Proposal for a regulation
Annex II – part II – CMC 3 – point 1 – point c – introductory part
Annex II – part II – CMC 3 – point 1 – point c – introductory part
(c) Living or dead organisms or parts thereof, which are unprocessed or processed only by manual, mechanical or gravitational means, by dissolution in water, by flotation, by extraction with water, by steam distillation or by heating solely to remove water, or which are extracted from air by any means, except
Amendment 486 #
2016/0084(COD)
Proposal for a regulation
Annex II – part II – CMC 3 – point 5
Annex II – part II – CMC 3 – point 5
5. As of [Publications office: Please insert the date occurring 52 years after the date of application of this Regulation], the compost shall contain no more than 2,5 g/kg dry matter of macroscopic impurities in the form of plastics above 2 mm. By [Publications office: Please insert the date occurring 85 years after the date of application of this Regulation] the limit- value of 2,5 g/kg dry matter shall be re- assessed in order to take into account the progress made with regards to separate collection of bio-waste.
Amendment 491 #
2016/0084(COD)
Proposal for a regulation
Annex II – part II – CMC 7 – paragraph 1 – indent 2
Annex II – part II – CMC 7 – paragraph 1 – indent 2
Amendment 500 #
2016/0084(COD)
Proposal for a regulation
Annex II – part II – CMC 10 – point 2 – introductory part
Annex II – part II – CMC 10 – point 2 – introductory part
2. As of [Publications office, please insert the date occurring three years after the date of application of this Regulation], the following criterion shall be complied with: The polymer shall be capable of undergoing physical, biological decomposition, such that most of it ultimately decomposes into carbon dioxide (CO2), biomass and water. It shall have at least 90 % of the organic carbon converted into CO2 in maximum 124 months, in a biodegradability test as specified points (a)-(c) below, that shall also be carried out under realistic in-vivo conditions that take into consideration differential rates of decomposition under anaerobic conditions, in aquatic habitats or under water, in waterlogged conditions or in frozen soil.
Amendment 511 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 1 – point 2 – point e
Annex III – part 1 – point 2 – point e
(e) A description of all components above 5% by product weight in descending order of magnitude by dry weight, including an indication of the relevant component material categories ('CMC') as referred to in Annex II. Failure to fully label quantities under 5% may have a significant effect on the total characteristics of the mixture, and may add hazardous, unpermitted or inactive components e.g. industrial waste, synthetic compounds or sand. Meanwhile, organic farmers are only allowed to use organic (in the chemical sense) fertiliser components and products which are 100% in line with the Regulation (EC) No 834/2007, so they need to know exactly what additional components there are and how much, in case they are not permitted under Reg. 834/2007. Otherwise if the farmers are controlled after using such products containing non- permitted substances on their fields, they may be prevented from selling their products as organic or de-certified.Or. enJustification
Amendment 519 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(A) – paragraph 1 – point c
Annex III – part 2 – PFC 1(A) – paragraph 1 – point c
(c) numbers indicating the totalaverage content of the declared nutrients nitrogen (N), phosphorus (P) or potassium (K), followed by numbers in brackets indicating the total content of magnesium (Mg), calcium (Ca), sulphur (S) or sodium (Na),
Amendment 539 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – point 1 a (new)
Annex III – part 2 – PFC 1(C)(I) – point 1 a (new)
1a. Fertilising products that contains less than 5ppm of Cadmium, Arsenic, Lead, Chromium VI and Mercury, respectively, shall be eligible to use a visible "Green Label" in their packaging and label. The Commission shall be empowered to adopt delegated acts to adopt the technical standards of such label.
Amendment 222 #
2016/0014(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should strengthen the current type-approval framework, in particular through the introduction of provisions on market surveillance. Market surveillance in the automotive sector should be introdureinforced by specifying the obligations of the economic operators in the supply chain, the cresponsibilities ofation of an agency which will inter alia undertake market surveillance along with the enforcement authorities in the Member States, and the measures to be taken when automotive products are encountered on the market that represent serious safety or environmental risks or that do not comply with the type-approval requirements.
Amendment 227 #
2016/0014(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) An effective implementation of the type-approval requirements should be ensured by enhancing the provisions on conformity of production by, inter alia, providing for mandatory periodic audits of the conformity control methods as well as spot-checks and the continued conformity of the products concerned and by reinforcing the requirements relating to the competence, obligations and performance of the technical services that carry out tests for whole-vehicle type-approval under the responsibility of type-approval authorities . The proper functioning of technical services is crucial for ensuring a high level of safety and environmental protection and citizens' confidence in the system. The criteria for designation of technical services provided by Directive 2007/46/EC should be laid down in greater detail in order to assure their consistent application. The assessment methods of technical services in the Member States have a tendency to progressively differ due to the increased complexity of their work. Therefore, it is necessary to provide for procedural obligations that ensure an information exchange and monitoring of Member States' practices for the assessment, designation, notification and monitoring of their technical services. Those procedural obligations should remove any existing discrepancies in the methods used and in the interpretation of the criteria for the designation of technical services. Furthermore technical services should be regularly audited by a team consisting of representatives from the type approval authorities of two other Member States other than the original designating Member State, along with at least one representative of the Agency.
Amendment 235 #
2016/0014(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Designation and monitoring of technical services by the Member States, in accordance with detailed and strict criteria, should therefore be subject to supervisory controls at Union level, including independent audits conducted by the Agency as a condition for the renewal of their notification after five years. The position of technical services vis-à-vis manufacturers should be strengthened, including their right and duty to carry out unannounced factory inspections and to conduct physical or laboratory tests on products covered by this Regulation, in order to ensure continuous compliance by manufacturers after they have obtained a type-approval for their products.
Amendment 250 #
2016/0014(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) When, in spite of the measures taken to ensure a coherent application and follow up of the requirements by the Member States, the competence of a technical service is in doubt, the CommissionAgency should have the possibility to investigate individual cases.
Amendment 258 #
2016/0014(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) A robust compliance enforcement mechanism is necessary in order to ensure that the requirements under this Regulation are met. Ensuring compliance with the type-approval and conformity of production requirements of the legislation governing the automotive sector should remain the key responsibility of the approvalAgency in coordination with Member State competent authorities, as it is an obligation closely linked to the issuing of the type- approval and requires detailed knowledge of its content. It is therefore important that the performance of approval authorities is regularly verified by means of peer- reviewaudits, to ensure that a uniform level of quality and stringency is applied by all approval authorities in enforcing the type- approval requirements. Moreover, it is important to provide for the verification of the correctness of the type approval itself.
Amendment 261 #
2016/0014(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Closer coordination between national authorities through information exchange and coordinated assessments under the direction of a coordinating authoritthe Agency is fundamental for ensuring a consistently high level of safety and health and environmental protection within the internal market. This should also lead to more efficient use of scarce resources at national level. For this purpose a Forum should be established for Member States and the Commission to exchange information on and to coordinate their activities related to the enforcement of type-approval legislation. The currently informal cooperation between Member States in this respect would benefit from a more formal framework.
Amendment 265 #
2016/0014(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The rules on Union market surveillance and control of products entering the Union market provided for in Regulation (EC) No 765/2008 apply to motor vehicles and their trailers, and to systems, components and separate technical units intended for such vehicles without preventing Member States from choosing the competent authorities to carry out those tasks. Market surveillance may be a competence shared between the Agency and the different national authorities with the Agency in a coordinating role to take account of the national market surveillance systems in the Member States established under Regulation (EC) No 765/2008. Effective coordination and monitoring at Union and national levels should guarantee that approval and market surveillance authorities enforce the new type-approval and market surveillance framework.
Amendment 276 #
2016/0014(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to increase transparency in the approval process and facilitate the exchange of information and the independent verification by market surveillance authorities, approval authorities, the Agency and the Commission, type approval documentation should be provided in electronic format and be made publicly available, subject to exemptions due to protection of commercial interests and the protection of personal data.
Amendment 279 #
2016/0014(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The obligations of national authorities and the Agency concerning market surveillance provided in this Regulation are more specific than those laid down in Article 19 of Regulation (EC) No 765/2008 to take account of the specificities of the type- approval framework and the need to complement that framework with an effective market surveillance mechanism ensuring a robust ex-post verification of compliance of the products covered by this Regulation.
Amendment 282 #
2016/0014(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Those more specific obligations for the Agency and national authorities provided in this Regulation should include ex-post compliance verification testing and inspections of a sufficient number of vehicles placed on the market. The selection of the vehicles to be subject to this ex-post compliance verification should be based on an appropriate risk assessment which takes account of the seriousness of the possible non-compliance and the likelihood of its occurrence.
Amendment 287 #
2016/0014(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In addition, the CommissionAgency should organise and carry out or require to carry out ex-post compliance verification tests and inspections, independent from those carried out by Member States under their national market surveillance obligations. When non-compliance is established by those tests and inspections, or where it is found that a type approval has been granted on the basis of incorrect data the CommissionAgency should be entitled to initiate Union-wide remedial actions to restore the conformity of the vehicles concerned and to investigate the reasons for the incorrectness of the type approval. Appropriate fundingThese activities should be ensurfunded inby the general budget of the Union to enable the execution of such compliance verification testing and inspections. In viewlevy of an administrative fee equivalent to 1/ 2 500th of the budgretaryil constraints of the Multiannual Financial Framework 2014- 2020 the implementation of the legislative proposal will have to be built on existing resources and to be designed in such a manner that they do not generate additional financial resources. Tvehicle in euros paid to the Agency for each vehicle purchased in the European Union. The Agency and the Commission should be entitled to impose administrative fines where non-compliance is established.
Amendment 290 #
2016/0014(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) Market surveillance activities should cover 30% of new models placed on the market each year in order to verify whether these vehicles comply with applicable EU law.
Amendment 291 #
2016/0014(COD)
Proposal for a regulation
Recital 25 b (new)
Recital 25 b (new)
(25b) Market surveillance should also take into account a risk-based approach, with focus on inter alia data obtained from roadside remote monitoring units, complaints, reports from periodic technical inspection, expected life-span and previously identified problem vehicles, systems, components and separate technical units.
Amendment 292 #
2016/0014(COD)
Proposal for a regulation
Recital 25 c (new)
Recital 25 c (new)
(25c) In order to verify vehicle emissions, market surveillance authorities should inter alia make use of remote sensing technology to help identify which aspects such as high levels of air or noise pollution, of which vehicle models, should be subjected to further investigation. When doing so, the authorities shall cooperate and coordinate their activities with authorities responsible for periodic technical inspections pursuant to Directive 2014/45/EU on periodic roadworthiness tests for motor vehicles.
Amendment 293 #
2016/0014(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) In order to ensure a high level of vehicle functional safety, the protection of vehicle's occupants and other road users, and environmental and public health protection, the technical requirements and environmental standards applicable to vehicles, systems, components and separate technical units should continue to be harmonised and adapted to technical and scientific progress.
Amendment 296 #
2016/0014(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The objectives of this Regulation should not be affected by the fact that certain systems, components, separate technical units or parts and equipment can be fitted to or in a vehicle after that vehicle has been placed on the market, registered or entered into service. Appropriate measures should therefore be taken to ensure that the systems, components, separate technical units or parts and equipment that can be fitted to or in vehicles and that can significantly impair the functioning of systems that are essential for environmental protection or functional safety are controlled by an approval authority before they are placed on the market, registered or entered into service. The vehicle should continue to fulfil all type approval requirements fitting as a whole vehicle and its component systems, components, separate technical units or parts and equipment after the fitting of such systems, components, separate technical units or parts and equipment should not interfere with the function.
Amendment 298 #
2016/0014(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Conformity of production is one of the cornerstones of the EU type-approval system, and therefore the arrangements set up by the manufacturer to ensure such conformity should be approved by the competent authority or by an appropriately qualified technical service designated for that purposeAgency, and be subject to regular verification by means of independent periodic audits. In addition, approval authorities should ensure the verification of the continued conformity of the products concerned.
Amendment 308 #
2016/0014(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In order to ensure that all vehicles, systems, components and separate technical units placed on the market offer a high level of safety and environmental protection, the manufacturer or any other economic operator in the supply chain should take effective corrective measures, including the recall of vehicles, where a vehicle, system, component or separate technical unit presents a serious risk for users or the environment as referred to in Article 20 of Regulation (EC) No 765/2008. Approval authoritiThe Agency, with the competent authorities of Member States should be empowered to assess and verify whether those measures are sufficient. The authorities of other Member States' should have the right to take safeguard measures in case they would consider that the manufacturer's corrective measures are not sufficient.
Amendment 315 #
2016/0014(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) In order to ensure effective competition on the market for vehicle repair and maintenance information services, it is to be emphasised, and in order to clarify that the information concerned also covers information which needs to be provided to independent operators other than repairers, and in a format which allows further electronic processing so as to ensure that the independent vehicle repair and maintenance market as a whole can compete with authorised dealers, regardless of whether the vehicle manufacturer gives such information to authorised dealers and repairers directly , further clarifications with regard to the details of the information to be provided under Regulation (EC) No 715/2007 are necessary.
Amendment 317 #
2016/0014(COD)
Proposal for a regulation
Recital 37 b (new)
Recital 37 b (new)
(37b) Since there is currently no common structured process for the exchange of vehicle component data between vehicle manufacturers and independent operators, it is appropriate to develop principles for such an exchange of data. A future common structured process on the standardised format of the data exchanged should be developed by the European Committee for Standardization (CEN) formally, whereupon the mandate given to CEN does not predetermine the level of detail this standard will provide. The CEN's work should, in particular, reflect the interests and needs of vehicle manufacturers and independent operators alike and should also investigate solutions such as open data formats described by well defined meta-data to accommodate existing IT infrastructures.
Amendment 318 #
2016/0014(COD)
Proposal for a regulation
Recital 37 c (new)
Recital 37 c (new)
(37c) Without prejudice to vehicle manufacturers' obligation to provide Repair and Maintenance Information via their Website, the access to in-vehicle data, shall remain directly and independently accessible to Independent Operators.
Amendment 323 #
2016/0014(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The Agency and the Member States should lay down rules on penalties for the infringements of this Regulation and ensure that those rules are implemented. Those penalties should be effective, proportionate and dissuasive. Member States shall report the imposed penalties to the Commission annually, to monitor the coherence of the implementation of these provisions.
Amendment 326 #
2016/0014(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) In order to properly implement the compliance verification by the CommissionAgency and to ensure a level playing field for economic operators and national authorities, the CommissionAgency should be competent to impose harmonizsed administrative fines upon the economic operators found to have infringed upon this regulation regardless of where the vehicle, system, component or separate technical unit was originally type- approved.
Amendment 332 #
2016/0014(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Regulation also lays down the powers and responsibilities of the new European Vehicles Surveillance and Enforcement Agency (EVSEA).
Amendment 344 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘approval authority’ means the authority or authorities of a Member State, notified to the Commission by that Member State, with competence for all aspects of the type-approval of a vehicle, system, component or separate technical unit, or of the individual vehicle approval, for the authorisation process for parts and equipment, for issuing and, if appropriate, withdrawing or refusing approval certificates, for acting as the contact point for the approval authorities of the other Member States, for designating the technical services, and for ensuring that the obligations regarding the conformity of production of the manufacturer are met;
Amendment 347 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14 a (new)
Article 3 – paragraph 1 – point 14 a (new)
(14a) 'agency' means the European Vehicles Surveillance and Enforcement Agency (EVSEA), which is responsible for EU level market surveillance including conformity of production, auditing national type approval authorities, assisting audits of technical services, implementing EU wide penalties and making available a database containing inter alia data contained in the type approval certificate, the data submitted as part of the type approval procedure, coast-down coefficients, road- load coefficients and contact details of competent authorities;
Amendment 349 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 30
Article 3 – paragraph 1 – point 30
(30) ‘step-by-step type-approval’ means the procedure consisting of the step-by-step collection of the whole set of EU type- approval certificates for the systems, components and separate technical units forming part of a vehicle, and which leads, at the final stage, to the whole-vehicle type-approval;
Amendment 352 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 43
Article 3 – paragraph 1 – point 43
Amendment 353 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 46
Article 3 – paragraph 1 – point 46
(46) ‘'vehicle repair and maintenance information’' means all information required for diagnosing, servicing, inspecting, road worthiness testing, periodic monitoring, repairing, re- programming or re-initialising or for the remote diagnostic support of a vehicle as well as for the fitting on vehicles of components, separate technical units, parts and equipment, and that is used or provided by the manufacturer toincluding his authorised dealers and repairerpartners, dealers, repairers and network, to offer products or services for vehicle repair and maintenance purposes, including all subsequent amendments and supplements to that information;
Amendment 370 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2 a (new)
Article 6 – paragraph 1 – subparagraph 2 a (new)
That notification shall include the name of those authorities, their address, including their electronic address, and their competences. The Commission via the Agency shall make publically available on its website a list and details of the approval authorities and the market surveillance authorities.
Amendment 371 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall ensure a clear and strict legal and administrative separation of roles and responsibilities between type-approval authorities, technical services and manufacturers and that the principles of independence and transparency apply at each point of the type approval and market surveillance process.
Amendment 382 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1 a (new)
Article 6 – paragraph 5 – subparagraph 1 a (new)
Member States may also when cases of non-compliance are suspected in other Member States, take the necessary measures to ensure that market surveillance authorities be entitled to enter the premises of economic operators and seize the necessary samples of vehicles, systems, components and separate technical units for the purposes of compliance testing.
Amendment 383 #
2016/0014(COD)
Proposal for a regulation
Article 58 – paragraph 1 a (new)
Article 58 – paragraph 1 a (new)
1a. The European authority and the national authorities shall impose dissuasive sanctions in the event of violations by a manufacturer or technical service. In particular, if an instance of fraud is detected, the responsible authorities must be able to impose an immediate, compulsory recall of the vehicles and the withdrawal of their type approval certificates.
Amendment 384 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Member StatesAgency shall periodically review and assess the functioning of theirMember States' type-approval activities and the quality and accuracy of the type- approvals issued. Such reviews and assessments shall be carried out at least every fourtwo years and the results thereof shall be communicated to the other Member States and the Commission. The Member State concerned, the Forum and third parties. The Agency shall make a summary of the results accessible to the general public, in particular the number of type-approvals granted or rejected and the identity of the corresponding manufacturers and vehicle types.
Amendment 390 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every fourtwo years and the results thereof shall be communicated to the other Member States and the Commission, the Forum and third parties. The Member State concerned shall make a summary of the results accessible to the publicgeneral public, in particular the number of those vehicles, systems, components or separate technical units that are not in conformity together with the identity of the corresponding manufacturers.
Amendment 397 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7a. Member States shall enforce any measures regarding remedial action such as recalls, repairs, compensation and sanctions, in accordance with the Agency's decisions in case of non- compliance with the provisions of this Regulation and any other applicable law
Amendment 402 #
2016/0014(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Approval authorities shall implement and enforce the requirements of this Regulation in a uniform and consistent manner to ensure level playing field and avoid application of divergent standards across the Union. They shall fully cooperate with the Forum in its audit and oversight activities as regards the application of this Regulation and provide all the necessary information upon request.
Amendment 408 #
2016/0014(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Where an approval authority is informed in accordance with Articles 8(5), 9(5), 52(4) or 54, it shall take all necessary measures to review the approval granted and, where appropriate, correct or withdraw the approval depending on the reasons and the seriousness of the deviations demonstrated and shall systematically and without delay report cases of non-conformity to the Agency.
Amendment 419 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Market surveillance authorities shall perform regular checks to verify compliance of vehicles, systems, components and separate technical units with the requirements set out in this Regulation as well as with the correctness of the type approvals. Those checks shall be performed on an adequate scale, by means of documentary checks and real- drive and laboratory tests on the basis of statistically relevant samples. When doing so, market surveillance authorities shall take account of established principles of risk assessment, complaints and other information, including complaints, third- party testing, new technologies on the market, reports from periodic technical inspections and data from roadside remote monitoring units. Market surveillance authorities shall follow up on substantiated complaints.
Amendment 427 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Market surveillance authorities shall require economic operators to make the documentation and information available as they consider necessary for the purpose of carrying out their activities. This shall include access to software, algorithms, engine control units and any other technical specifications deemed necessary by the market surveillance authorities.
Amendment 434 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Market surveillance authorities shall take appropriate measures to alert users within their territories within an adequate timeframe14 calendar days of hazards they have identified relating to any vehicle, system, component and separate technical unit so as to prevent or reduce the risk of injury or other damage.
Amendment 444 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6a. Where technical services are designated for the purposes of this Article, market surveillance authorities shall ensure that a different technical service is used from the technical service that performed the original type approval test.
Amendment 445 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 6 b (new)
Article 8 – paragraph 6 b (new)
6b. Market surveillance authorities shall establish binding guidelines for recalls including repairs, compensation and sanctions in order to ensure uniform application and to provide certainty for manufacturers
Amendment 447 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every fourtwo years and the results thereof shall be communicated to the other Member States and the Commission. The Member State concerned shall make a summary of the results accessible to the public, the Agency and third parties upon request. These reviews and assessment should inter alia also concentrate on the independence of market surveillance activities and to the technological level of the tests performed. The Member State concerned shall make a summary of the results accessible to the general public, in particular the number and model names of those vehicles, systems, components or separate technical units that are not in conformity together with the identity of the corresponding manufacturers.
Amendment 463 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 10
Article 8 – paragraph 10
10. The Commission mayshall adopt implementing acts to lay down the criteria for setting out the scale, scope and frequency with which the compliance verification checks of samples taken referred to in paragraph 1 have to be performed. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 470 #
2016/0014(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
Compliance verification by the Commission and enforcement co- ordination with Member Statesand enforcement and transparency by the European Vehicle Surveillance and Enforcement Agency (EVSEA)
Amendment 483 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. In the case of category M and N vehicles, the Agency shall perform random compliance verification tests on at least 30% of the new models put on the EU market each year to verify if the vehicles in use comply with the Union safety and environmental legislation
Amendment 484 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
Amendment 487 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Manufacturers holding type- approvals or the economic operators shall, upon request, supply to the CommissionAgency a statistically relevant number of production vehicles, systems, components and separate technical units selected by the CommissionAgency that are representative for the vehicles, systems, components and separate technical units available for placing on the market under that type- approval. Those vehicles, systems, components and separate technical units shall be supplied for testing at the time and place and for the period the CommissionAgency may require.
Amendment 491 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
For the purpose of enabling the CommissionAgency to carry out the testing referred to in paragraphs 1 and 2this Article, Member States shall make available to the CommissionAgency all data related to the type- approval of the vehicle, systems, components and separate technical units subject to compliance verification testing. Those data shall include at least the information included in the type-approval certificate and its attachments referred to Article 26(1).
Amendment 495 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
For vehicles approved in accordance with the step-by-step or multistage type- approval procedure, Member States shall also provide the CommissionAgency with the type- approval certificate and its attachments referred to in Article 26(1) for the underlying type-approvals of systems, components and separate technical units.
Amendment 498 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. When a technical service is designated to undertake tests for the purposes of this paragraph, the Agency shall ensure that a different technical service is used from that performing tests for the original type-approval.
Amendment 508 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
Where the CommissionAgency establishes that the vehicles tested or inspected do not comply with the type-approval requirements laid down in this Regulation or any of the regulatory acts listed in Annex IV or that the type approval has been granted on the basis of incorrect data, it shall require in accordance with Article 54(8)empowered to take Union-wide remedial action such as ordering Union recalls of the vehicles, withdrawal of type approval concerned or it shall require without delay the economic operator concerned to take all appropriate corrective measures to bring the vehicles in compliance with those requirements, or it shall take restrictive measures, either by requiring the economic operator to withdraw the vehicles concerned from the market, or to recall them in an uniform manner across the union within a reasonable period of time, depending on the seriousness of the established non- compliance.
Amendment 516 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
Where those tests and inspections put into question the correctness of the type approval itself, the CommissionAgency shall inform the approval authority or authorities concerned as well as the Forum for Exchange of Information on Enforcement.
Amendment 517 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
The CommissionAgency shall publish annual reports of its findings following anyregarding compliance verification testing it has carried outand auditing. The reports shall be accessible to the general public, including the information on the results of the tests carried out and on the vehicles, systems, components or separate technical units that are not in conformity together with the identity of the corresponding manufacturers.
Amendment 522 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
The CommissionAgency shall publish a report of its findings following any compliance verification testing it has carried out.
Amendment 526 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3 a (new)
Article 9 – paragraph 5 – subparagraph 3 a (new)
The Agency shall coordinate the assessment and designation of technical services as provided for in Article 77, inter alia, the assessment check-list that comprehensively covers at least the requirements listed in Appendix 2 of Annex V.
Amendment 527 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3 b (new)
Article 9 – paragraph 5 – subparagraph 3 b (new)
The agency shall determine penalties for infringing the provisions of this Regulation as provided for in Article 89. These penalties shall be calculated per vehicle and be effective, dissuasive and proportionate
Amendment 528 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3 c (new)
Article 9 – paragraph 5 – subparagraph 3 c (new)
The Agency shall be financed through an administrative fee levied on all new vehicles sold in the Union in accordance with Article 30 (new).
Amendment 529 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. The Agency shall carry out audits of the national type-approval authorities in accordance with Article 71(8) every 3 years to ensure they comply with the requirements of this Regulation and carry out their duties in an independent and rigorous manner. This shall include a clear legal and administrative separation of functions between the national authorities and any other body representing private interests, such as technical services or manufacturers, to eliminate any conflicts of interest. The Agency shall ensure recommendations are applied. The audits shall include a verification of the national type approval procedures in order to evaluate correct and rigorous implementation of the requirements pursuant to this Regulation, a random sample check of the type approvals issued and an on-site visit to a technical service under the responsibility of the reviewed authority. The Agency may participate in the audit and decide on its participation on the basis of a risk assessment analysis. If the audit demonstrates that the authority concerned has breached any of the requirements of this Regulation, including on its independence, or has issued type-approvals to the vehicles, systems, components and separate technical units that are not in conformity with the Union safety or environmental requirements, it shall immediately take all steps necessary to bring its procedures back in compliance in line with the recommendations issued by the audit. Other Member States shall not recognise the type approvals issued to vehicles, systems, components and separate technical units by the authority concerned on their territory until full compliance with the requirements of this Regulation and the audit recommendations is put in place. The results of the audits shall be communicated to all Member States, to the Forum and third parties upon request, and a summary thereof shall be made publicly available. The Forum shall discuss the results of the audits, follow-up and ensure their recommendations are fully implemented. This audit may be contracted to an independent auditor.
Amendment 531 #
2016/0014(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Forum for Eexchange of Information on EnforcementU type approval
Amendment 535 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The CommissionAgency shall establish and, chair and oversee a Forum for Exchange of Information on Enforcement (‘('the Forum’').
Amendment 538 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
This Forum shall be composed of members appointed by the Member States. Members of the European Parliament, representatives of the Commission, as well as representatives of technical services, third-party testing organisations, safety and environment NGOs and consumer groups. It shall be chaired by the Agency.
Amendment 558 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Its advisory tasks shall comprise inter alia the promotion of good practand exchange of good practices between national competent authorities, and between technical services, the exchange of information on enforcement problems, cooperation, development of working methods and tools, development of an electronic information exchange procedure, evaluation of harmonised enforcement projects, penalties and joint inspections.
Amendment 561 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 a (new)
Article 10 – paragraph 2 – subparagraph 2 a (new)
The Forum may, on an ad hoc basis, invite stakeholders or third-party compliance verification testers to present concerns experienced or complaints and be informed on the result.
Amendment 577 #
2016/0014(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Amendment 581 #
2016/0014(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. For the purposes of EU type- approval, a manufacturer established outside the Union shall appoint a single representative established within the Union to represent the manufacturer before the approval authority, the Agency and the Commission. That manufacturer shall also appoint a single representative established within the Union for the purposes of market surveillance, who may be the same representative appointed for the purposes of EU type-approval.
Amendment 582 #
2016/0014(COD)
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. When applying for EU type- approval, the manufacturers shall demonstrate that the design of vehicles, systems components and separate technical units does not incorporate strategies that unnecessarily reduce the performance exhibited during relevant test procedures when the vehicles, systems, components and separate technical units are operated under conditions that may reasonably be expected to be encountered in normal operation and use. The manufacturer shall disclose all engine management strategies, including the justification and software and any other information related to these strategies
Amendment 586 #
2016/0014(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. The manufacturer shall be responsible to the approval authority and the Agency for all aspects of the approval procedure and for ensuring conformity of production, whether or not he is directly involved in all stages of the construction of a vehicle, system, component or separate technical unit.
Amendment 595 #
2016/0014(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
A manufacturer who considers that a vehicle, system, component, separate technical unit, or part or equipment that has been placed on the market or entered into service is not in conformity with this Regulation or that the type approval has been granted on the basis of incorrect data, shall immediately take the appropriate measures necessary to bring that vehicle, system, component, separate technical unit, part or equipment into conformity, to withdraw it from the market or to recall it, as appropriate.
Amendment 597 #
2016/0014(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The manufacturer shall immediately inform the approval authority and the Agency that has granted the approval in detail of the non- conformity and of any measures taken.
Amendment 601 #
2016/0014(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the manufacturer shall immediately provide detailed information on the non-conformity and on any measures taken to the approval and market surveillance authorities of the Member States and the Agency in which the vehicle, system, component, separate technical unit, part or equipment has been made available on the market or has entered into service to that effect.
Amendment 603 #
2016/0014(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2
Article 12 – paragraph 3 – subparagraph 2
The vehicle manufacturer shall keep at the disposal of the approval authorities, Commission and Agency a copy of the certificates of conformity referred to in Article 34.
Amendment 606 #
2016/0014(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1
Article 12 – paragraph 4 – subparagraph 1
The manufacturer shall, upon a reasoned request from a national authority, the Commission or the Agency, provide that authoritythem, through the approval authority, with a copy of the EU type- approval certificate or the authorisation referred to in Article 55(1) demonstrating conformity of the vehicle, system, component or separate technical unit, in a language that can be easily understood by the national authority.
Amendment 608 #
2016/0014(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2
Article 12 – paragraph 4 – subparagraph 2
The manufacturer shall, following a reasoned request from a national authority, the Agency or the Commission, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.
Amendment 611 #
2016/0014(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a a (new)
Article 13 – paragraph 1 – point a a (new)
(aa) following a reasoned request from an approval the Agency or the Commission, provide them with all the information and documentation necessary to demonstrate the conformity of production of a vehicle, system, component or separate technical unit; This shall include any testing specifications used during type approval and access to software and algorithms as requested
Amendment 612 #
2016/0014(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) following a reasoned request from an approval authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of production of acooperate with the approval or market surveillance authorities, the Agency or the Commission, at their request, on any action taken to eliminate the serious risk posed by vehicles, systems, component ors, separate technical units, parts or equipment covered by that mandate;
Amendment 620 #
2016/0014(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where the importer considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, and in particular that it does not correspond to its type-approval, he shall not place on the market, allow to enter into service or register the vehicle, system, component or separate technical unit, until it has been brought into conformity. Where he considers that the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, he shall inform the manufacturer and the market surveillance authorities and the Agency thereof. For type- approved vehicles, systems, components and separate technical units, he shall also inform the approval authority that has granted the type-approval.
Amendment 628 #
2016/0014(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
Where a vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the importer shall immediately provide detailed information on the serious risk to the manufacturer and the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been placed on the market. This information should also be sent to the Agency.
Amendment 630 #
2016/0014(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
The importer shall also inform the approval and market surveillance authorities, and the Agency of any action taken and give details, in particular of the serious risk and of corrective measures taken by the manufacturer.
Amendment 631 #
2016/0014(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The importer shall, for a period of ten years after the placing on the market of the vehicle and for a period of five years as from the placing on the market for a system, component or separate technical unit, keep a copy of the certificate of conformity at the disposal of the approval and market surveillance authorities and the Agency and ensure that the information package referred to in Article 24(4) can be made available to those authorities, upon request.
Amendment 634 #
2016/0014(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The importer shall, upon a reasoned request from a national authority or the Agency, provide that authority with all the information and documentation necessary to demonstrate the conformity of a vehicle, system, component or separate technical unit in a language that can be easily understood by that authority. The importer shall, following a reasoned request from a national authority or the Agency, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.
Amendment 640 #
2016/0014(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The distributor who considers that a vehicle, system, component or separate technical unit that he has made available on the market is not in conformity with this Regulation, shall inform the manufacturer or the importer, the importer and the type approval and market surveillance authorities and the Agency to ensure that the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it from the market or to recall it, as appropriate, are taken in accordance with Article 12(1) or Article 15(1).
Amendment 643 #
2016/0014(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the distributor shall immediately provide detailed information on that serious risk to the manufacturer, the importer and the approval and market surveillance authorities of the Member States and the Agency in which that vehicle, system, component, separate technical unit, part or equipment has been made available on the market. The distributor shall also inform them of any action taken and give details, in particular of the serious risk and of corrective measures taken by the manufacturer.
Amendment 647 #
2016/0014(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The distributor shall, following a reasoned request from a national authority or the Agency, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.
Amendment 651 #
2016/0014(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
(a) step-by-step type-approval; this shall not apply to type approval of separate systems
Amendment 652 #
2016/0014(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The EU type-approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements, and shall, where necessary, repeat original tests to verify that the performance of the systems and components that were approved separately are still in conformity with those type approvals when incorporated into a completed vehicle. Verification shall include inter alia a documentary check of all requirements covered by an EU type-approval for an incomplete type of vehicle granted in the course of a multi-stage procedure, even where granted for a different category of vehicle.
Amendment 659 #
2016/0014(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) all data, software, drawings, photographs and other relevant information including all engine management strategies deployed in different conditions of use;
Amendment 663 #
2016/0014(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
An application for a step-by-step type- approval shall, in addition to the information folder referred to in Article 22, be accompanied by the complete set of EU type-approval certificates, including the test reports, required pursuant to the applicable acts listed in Annex IV. This shall not apply to type approval of separate systems.
Amendment 672 #
2016/0014(COD)
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
The approval authority and technical services shall have access to the software and algorithms of the vehicle. Manufacturers shall give the software to the approval authorities and the technical service in a standardised form which can be read using generally available software programmes.
Amendment 680 #
2016/0014(COD)
Proposal for a regulation
Article 23 – paragraph 4 a (new)
Article 23 – paragraph 4 a (new)
4a. In the case of whole vehicle type- approval, the manufacturer shall provide detailed information, including technical justification, on any auxiliary engine management strategy used outside of the conditions specified in relevant EU legislative acts and test procedures.
Amendment 682 #
2016/0014(COD)
Proposal for a regulation
Article 24 – paragraph 4 – subparagraph 3
Article 24 – paragraph 4 – subparagraph 3
The approval authority shall keep the information package available for a period of ten years after the end of validity of the EU type-approval concerned. This information package should also be sent to the Agency.
Amendment 690 #
2016/0014(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The approval authority shall send, at three-monthly intervals, to the approval authorities of the other Member States and the Commission and the Agency a list of the EU type- approvals for systems, components or separate technical units it has issued, amended, refused to grant or withdrawn during the preceding period. That list shall contain the information specified in Annex XIV.
Amendment 693 #
2016/0014(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Where requested by an approval authority of another Member State or the CommissionAgency, the approval authority that has issued an EU type-approval shall, within one month of receiving that request, send to the requesting approval authority a copy of the EU type-approval certificate, together with the attachments, by means of a common secure electronic exchange system or in the form of a secure electronic file.
Amendment 696 #
2016/0014(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The approval authority shall without delay inform the approval authorities of the other Member States and the CommissionAgency of its refusal or withdrawal of any EU type-approval, stating the reasons for its decision.
Amendment 699 #
2016/0014(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Compliance with the technical requirements of this Regulation and of the regulatory acts listed in Annex IV shall be demonstrated by means of appropriate tests in accordance with the relevant regulatory acts listed in Annex IV, performed solely and in full by designated technical services.
Amendment 701 #
2016/0014(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The required tests shall be performed on those vehicles, systems, components and separate technical units that are strictly representative of the type to be approved. In the case of whole vehicle type- approval, the authorities shall ensure that the vehicles selected for testing will not lead to the results that are systematically divergent from the performance when those vehicles are operated under conditions that may reasonably be expected to be encountered in normal operation and use.
Amendment 705 #
2016/0014(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 88 to amend Annex XVI to ensure that manufacturers do not, in the design of the vehicles, systems, components and separate technical units, incorporate strategies that reduce the performance during relevant test procedures when these vehicles, systems, components and separate technical units are operated under conditions that reasonably may be expected to be encountered during normal operation and use. It shall also take account of technical and regulatory developments by updating the list of regulatory acts in respect of which virtual testing methods may be used by a manufacturer or a technical service and the specific conditions under which virtual testing methods are to be used.
Amendment 706 #
2016/0014(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
Amendment 711 #
2016/0014(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. An approval authority that has granted an EU type-approvalThe Agency shall take the necessary measures in accordance with Annex X to verify, where necessary in cooperation with thnational type approval authorities of the other Member States,, that the arrangements referred to in paragraphs 1 and 2 continue to be adequate so that vehicles, systems, components or separate technical units in production continue to conform to the approved type and certificates of conformity continue to comply with Articles 34 and 35.
Amendment 715 #
2016/0014(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approvalAgency shall carry out checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities.
Amendment 718 #
2016/0014(COD)
Proposal for a regulation
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
4a. When performing verification testing pursuant to paragraphs 2 and 4, an approval authority shall designate a different technical service from the one used during the original type-approval testing.
Amendment 720 #
2016/0014(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. AWhere an approval authority, that has granted an EU type-approvale Agency or the Commission and establishes that the manufacturer no longer produces the vehicles, systems, components or separate technical units in conformity with the approved type, or establishes that the certificates of conformity no longer comply with Articles 34 and 35, even though production is continued, shall take the necessary measures to ensure that the procedure for conformity of production is followed correctly and immediately brought back into compliance or withdraw the type-approval.
Amendment 726 #
2016/0014(COD)
Proposal for a regulation
Article 30 – title
Article 30 – title
National fee structure for type-approvals and market surveillance costs
Amendment 735 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. Member States shall ensure that there is no conflict of interest or commercial link between national authorities responsible for type approval and surveillance activities, technical services and manufacturers as regards funding for the testing activities concerned.
Amendment 739 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Those national fees regarding type approval activities shall be levied on the manufacturers who have applied for type- approval in the Member State concerned. Fees shall not be levied directly by technical services.
Amendment 753 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 4 a (new)
Article 30 – paragraph 4 a (new)
4a. The Commission shall periodically and at least every 3 years, review the fee amount and modalities of the collection and distribution and use of this fee The Commission may adopt delegated acts in order to define this fee and modalities of collection and distribution.
Amendment 758 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
Amendment 761 #
2016/0014(COD)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article 30a Fees levied at EU level for market surveillance 1. Manufacturers shall pay a fee equivalent to 1/ 2 500th of the retail cost of the vehicle in euros to the Agency for each vehicle sold, on an annual basis to cover the costs of market surveillance and all other compliance verification activities required pursuant to the provisions of this Regulation. 2. The Commission may adopt delegated acts in order to adjust the fee referred to in paragraph 1 to be applied to each vehicle sold in the European Union
Amendment 762 #
2016/0014(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 2
Article 31 – paragraph 1 – subparagraph 2
The approval authority shall decide whether that change is to be covered by an amendment, in the form of either a revision or an extension of the EU type-approval in accordance with the procedures laid down in Article 32, or whether this change requires a new type-approval. Where this change relates to a system, component or separate technical unit the approval authority shall verify whether this change causes the whole vehicle or any of its constituent systems, components and separate technical units to no longer meet the relevant type approval requirements.
Amendment 763 #
2016/0014(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Where the approval authority on the basis of the inspections or tests referred to in paragraph 3 finds that all the requirements for EU type-approval of the vehicle and all its constituent systems, components and separate technical units continue to be fulfilled, the procedures referred to in Article 32 shall apply.
Amendment 777 #
2016/0014(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
(b) where the production of vehicles in conformity with the approved type of vehicle is permanently discontinued on a voluntary basis, i.e. when no vehicle of the type concerned was produced over a period of the previous two years;;
Amendment 784 #
2016/0014(COD)
Proposal for a regulation
Article 33 – paragraph 6 – subparagraph 1
Article 33 – paragraph 6 – subparagraph 1
Upon reception of the notification made by the manufacturer, the approval authority that granted the EU type-approval shall communicate without delay to the approval authorities of the other Member States and the CommissionAgency all relevant information for the making available on the market, registering or entering into service of vehicles, where appropriate.
Amendment 786 #
2016/0014(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 3 a (new)
Article 34 – paragraph 1 – subparagraph 3 a (new)
The certificate of conformity will contain the specific conformity factor for the vehicle as measured under the Real Driving Emissions test in line with Regulation (EU) 646/2016.
Amendment 789 #
2016/0014(COD)
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36a Consumer remedies 1. Where a part, technical unit, system or whole vehicle sold in the Union is found not to be in conformity with the certificate of conformity and type approval requirements, the consumer is entitled have the vehicle put into conformity via replacement or repair, or to complete refund by the manufacturer at the original price paid by the consumer, or partial refund where the vehicle has been put back into conformity but where the running costs and maintenance of the vehicle is more costly than originally advertised in the contract. 2. Where repair or replacement is chosen by the consumer, the use of a courtesy vehicle free of charge during repairs or until replacement shall be provided for by the manufacturer. 3. This Article is without prejudice to the right of the consumer to claim for pecuniary and non-pecuniary damages, or to seek any collective redress or alternative dispute resolution as a result of non-conformity
Amendment 795 #
Amendment 809 #
2016/0014(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. MThe Agency or market surveillance authorities of onea Member State that have taken action pursuant to Article 20 of Regulation (EC) No 765/2008 and Article 8 of this Regulation, or that have sufficient reason to believe that a vehicle, system, component or separate technical unit covered by this Regulation presents a serious risk to the environment, health or the safety of persons or to other aspects of the protection of public interests covered by this Regulation, shall inform without delay the approval authority that granted the approval about its findings.
Amendment 811 #
2016/0014(COD)
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 1
Article 49 – paragraph 2 – subparagraph 1
The approval authority referred to in paragraph 1 shall no later than one month carry out an evaluation in relation to the vehicle, system, component or separate technical unit concerned covering all the requirements laid down in this Regulation. The relevant economic operators shall cooperate fully with the approval and market surveillance authorities and give them access without delay to any information required.
Amendment 814 #
2016/0014(COD)
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 2
Article 49 – paragraph 2 – subparagraph 2
Where, in the course of that evaluation, the approval authority that granted the approval finds that the vehicle, system, component or separate technical unit does not comply with the requirements laid down in this Regulation, it shall require without delay the relevant economic operator to take all appropriate corrective measures to bring the vehicle, system, component or separate technical unit into compliance with those requirements, or take restrictive measures, either to immediately withdraw the vehicle, system, component or separate technical unit from the market, or to recall it within a reasonable period3 months, depending on the nature of the risk.
Amendment 817 #
2016/0014(COD)
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. The relevant approval authority shall inform the CommissionAgency and the other Member States of the results of the evaluation referred to in paragraph 1 and the action required of the economic operator.
Amendment 818 #
2016/0014(COD)
Proposal for a regulation
Article 49 – paragraph 5
Article 49 – paragraph 5
5. Where the economic operator does not take adequate corrective measures within the period referred to in the second subparagraph of paragraph 2, the Agency or national authorities shall take all appropriate provisional restrictive measures to prohibit or restrict the making available on the market, registration or entry into service of non-compliant vehicles, systems, components or separate technical units on their national market, or to withdraw them from that market or to recall them.
Amendment 820 #
2016/0014(COD)
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1
Article 50 – paragraph 1 – subparagraph 1
The national authorities shall inform the CommissionAgency and the other Member States without delay of the restrictive measures taken in accordance with Article 49(1) and (5).
Amendment 824 #
2016/0014(COD)
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. Member States other than the Member State initiating the procedure shall inform within one month of the receipt of the information referred to in paragraph 1 the CommissionAgency and the other Member States of any restrictive measures adopted and of any additional information at their disposal relating to the non-conformity of the vehicle, system, component or separate technical unit concerned, and, in the event of disagreement with the notified national measure, of their objections.
Amendment 826 #
2016/0014(COD)
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
4. Where, within one month of the receipt of the information referred to in paragraph 1, an objection has been raised by either another Member State or the Commission in respect of a restrictive measure taken by a Member State, that measure shall be evaluated by the CommissionAgency in accordance with Article 51.
Amendment 827 #
2016/0014(COD)
Proposal for a regulation
Article 50 – paragraph 5
Article 50 – paragraph 5
5. Where, within one month of the receipt of the information referred to in paragraph 1, no objection has been raised by either another Member State or the CommissionAgency in respect of a restrictive measure taken by a Member State, that measure shall be deemed justified. The other Member States shall ensure that similar restrictive measures are taken in respect of the vehicle, system, component or separate technical unit concerned.
Amendment 830 #
2016/0014(COD)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
Where, during the procedure set out in Article 50(3) and (4), objections have been raised against a restrictive measure taken by a Member State, or where the CommissionAgency has considered that a national measure is contrary to Union legislation, the CommissionAgency shall evaluate without delay the national measure after having consulted the Member States and the relevant economic operator or operators. On the basis of the results of that evaluation, the Commission shall adopt a decision on whether the national measure is considered justified or not. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 834 #
2016/0014(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Where the CommissionAgency considers the national measure to be justified, all Member States shall take the necessary measures to ensure that the non-compliant vehicle, system, component or separate technical unit is withdrawn from their market, and shall inform the CommissionAgency accordingly. Where the CommissionAgency considers the national measure to be unjustified, the Member State concerned shall withdraw or adapt the measure, in accordance with the Commission decision referred to in paragraph 1.
Amendment 836 #
2016/0014(COD)
Proposal for a regulation
Article 52 – title
Article 52 – title
Compliant vehicles, systems, components or separate technical units that present a serious risk to safety or serious harm to health and the environment
Amendment 838 #
2016/0014(COD)
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 1
Article 52 – paragraph 1 – subparagraph 1
Where, having performed an evaluation under Article 49(1), a Member State or the Agency finds that vehicles, systems, components or separate technical units, although they comply with the applicable requirements or are properly marked, present a serious risk to safety or may seriously harm the environment or public health, it shall require the relevant economic operator to take all appropriate corrective measures to ensure that the vehicle, system, component or separate technical unit concerned, when placed on the market, registered or entered into service, no longer presents that risk, or it shall take restrictive measures to withdraw the vehicle, system, component or separate technical unit from the market or to recall it within a reasonable period, depending on the nature of the risk.
Amendment 840 #
2016/0014(COD)
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2
Article 52 – paragraph 1 – subparagraph 2
Amendment 842 #
2016/0014(COD)
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. The Member State shall within one month of the request referred to in paragraph 1 provide the CommissionAgency and the other Member States with all available information, in particular the data necessary for the identification of the vehicle, system, component or separate technical unit concerned, the origin and the supply chain of the vehicle, system, component or separate technical unit, the nature of the risk involved and the nature and duration of the national restrictive measures taken.
Amendment 843 #
2016/0014(COD)
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. The CommissionAgency shall consult without delay the Member States and the relevant economic operator or operators and, in particular, the approval authority that granted the type-approval, and shall evaluate the national measure taken. On the basis of that evaluation, the Commission shall decide whether the national measure referred to in paragraph 1 is considered justified or not, and where necessary, propose appropriate measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 852 #
2016/0014(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Where the Agency, an approval authority or market surveillance authority finds that vehicles, systems, components or separate technical units are not in conformity with this Regulation or that the type-approval has been granted on the basis of incorrect data or that vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, it mayshall take all appropriate restrictive measures in accordance with Article 53(1).
Amendment 853 #
2016/0014(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. The approval authority or market surveillance authority or the CommissionAgency shall also request the approval authority that granted the EU type-approval to verify that vehicles, systems, components or separate technical units in production continue to conform to the approved type or, where applicable, that vehicles, systems, components or separate technical units already placed on the market are brought back into conformity.
Amendment 856 #
2016/0014(COD)
Proposal for a regulation
Article 54 – paragraph 7
Article 54 – paragraph 7
7. The national authorities taking restrictive measures in accordance with Article 53(1) shall immediately inform the CommissionAgency and the other Member States.
Amendment 858 #
2016/0014(COD)
Proposal for a regulation
Article 54 – paragraph 8 – subparagraph 1
Article 54 – paragraph 8 – subparagraph 1
Where, within one month after the notification of the restrictive measures taken by an approval authority or a market surveillance authority in accordance with Article 53(1), an objection has been raised by another Member State in respect of the notified restrictive measure or where the CommissionAgency establishes a non-compliance in accordance with Article 9(5), the CommissionAgency shall consult without delay the Member States and the relevant economic operator or operators and, in particular, the approval authority that granted the type-approval, and shall evaluate the national measure taken. On the basis of that evaluation, the Commission may decide to take the necessary restrictive measures foreseen in Article 53(1) by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to indelegated acts in accordance Article 87(2)8.
Amendment 860 #
2016/0014(COD)
Proposal for a regulation
Article 54 – paragraph 8 – subparagraph 2
Article 54 – paragraph 8 – subparagraph 2
The Commission shall address its decision to all Member States and shall immediately communicate it to the relevant economic operators. The Member States shall implement the Commission decision without delay and inform the CommissionAgency accordingly.
Amendment 862 #
2016/0014(COD)
Proposal for a regulation
Article 54 – paragraph 9
Article 54 – paragraph 9
9. Where, within one month after the notification of the restrictive measures taken in accordance with Article 53(1), no objection has been raised by either another Member State or by the CommissionAgency in respect of a restrictive measure taken by a Member State, that measure shall be deemed justified. The other Member States shall ensure that similar restrictive measures are taken in respect of the vehicle, system, component or separate technical unit concerned.
Amendment 869 #
2016/0014(COD)
Proposal for a regulation
Article 56 – paragraph 4 – subparagraph 1
Article 56 – paragraph 4 – subparagraph 1
Before issuing any authorisation, the approval authoritAgency shall verify the existence of arrangements and procedures for ensuring effective control of the conformity of production.
Amendment 872 #
2016/0014(COD)
Proposal for a regulation
Article 56 – paragraph 4 – subparagraph 2
Article 56 – paragraph 4 – subparagraph 2
Where the approval authoritAgency finds that the conditions for issuing the authorisation are no longer fulfilled, it shall request the manufacturer to take the necessary measures to ensure that the parts or equipment are brought into conformity. Where necessary, it shall withdraw the authorisation.
Amendment 873 #
2016/0014(COD)
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
5. Upon request of a national authority of another Member State or the Agency, the approval authority that has issued the authorisation shall, within one month of the receipt of that request, send to the former a copy of the issued authorisation certificate together with its attachments by means of a common secure electronic exchange system. The copy may also take the form of a secure electronic file.
Amendment 876 #
2016/0014(COD)
Proposal for a regulation
Article 56 – paragraph 6
Article 56 – paragraph 6
6. An approval authority that disagrees with the authorisation issued by another Member State shall bring the reasons for its disagreement to the attention of the Agency and the Commission. The CommissionAgency shall take the appropriate measures in order to resolve the disagreement, which may include, where necessary, requiring the withdrawal of the authorisation, after having consulted the relevant approval authorities. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 878 #
2016/0014(COD)
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 1
Article 57 – paragraph 3 – subparagraph 1
The manufacturer shall propose to the Agency and the approval authority that granted the type- approval a set of appropriate remedies to bring the vehicles, systems, components or separate technical units in conformity and, where appropriate, to neutralise the serious risk referred to in Article 20 of Regulation (EC) No 765/2008.
Amendment 880 #
2016/0014(COD)
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2
Article 57 – paragraph 3 – subparagraph 2
The approval authority and the Agency shall carry out an evaluation to verify whether the proposed remedies are sufficient and timely enough, and it shall communicate the remedies that it has approved to the approval authorities of the other Member States and to the CommissionAgency without delay.
Amendment 882 #
2016/0014(COD)
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
Where an approval authority or the CommissionAgency considers that the remedies referred to in Article 57(3) are insufficient or are not implemented quickly enough, they shall notify their concern to the approval authority that granted the EU type-approval and the Commission without delay.
Amendment 884 #
2016/0014(COD)
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 2
Article 58 – paragraph 1 – subparagraph 2
The approval authority that granted the EU type-approval shall request the manufacturer to take corrective measures to address the concerns notified. Where the manufacturer does not propose and implement effective corrective measures, the approval authority that granted the EU type-approval or the Agency shall take all restrictive measures required, including the withdrawal of the EU type-approval and mandatory recall, and inform the approval authorities of the other Member States and the CommissionAgency about the restrictive measures taken. In the case of withdrawal of the EU type-approval, the approval authority or the Agency shall inform without delay the manufacturer by registered letter or equivalent electronic means of that withdrawal.
Amendment 888 #
2016/0014(COD)
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
2. Where an approval authority considers that the restrictive measures taken by the approval authority that granted the EU type-approval pursuant to article 58(1) are not sufficient or timely enough, .it shall inform the CommissionAgency thereof and it may take appropriate restrictive measures to prohibit or restrict the making available on the market, registration or entry into service of the concerned non- compliant vehicles, systems, components or separate technical units on their national market, or to withdraw them from that market or to recall them..
Amendment 890 #
2016/0014(COD)
Proposal for a regulation
Article 58 – paragraph 3 – subparagraph 1
Article 58 – paragraph 3 – subparagraph 1
The CommissionAgency, through the Forum shall hold appropriate consultations with the parties involved and shall decide whether the restrictive measures taken by the approval authority that granted the EU type-approval are sufficient and timely enough, and where necessary, propose appropriate measures to ensure that the conformity is restored and/or the serious risk referred to in Article 57(3) is effectively neutralised. That decision shall also address the suitability of the restrictive measures taken by approval authorities who considered the action taken by the approval authority that granted the EU type-approval as not sufficient or timely enough. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 893 #
2016/0014(COD)
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
5. Where, within one month of receipt of the notification regarding the approved remedies referred to in Article 57(3), no objection has been raised against those remedies by either another Member State or the CommissionAgency, those remedies shall be deemed justified. The other Member States shall ensure that those remedies are applied in respect of the vehicles, systems, components or separate technical units concerned that have been made available on the market, registered, or entered into service in their territory.
Amendment 900 #
2016/0014(COD)
Proposal for a regulation
Article 63 – paragraph 3 – subparagraph 1 a (new)
Article 63 – paragraph 3 – subparagraph 1 a (new)
The Agency when either carrying out its own activities or coordinating national market surveillance activities, shall make publicly available and free of charge the list of vehicles and their trailers, and of systems, components and separate technical units that are found not to meet safety, health and environment standards, as well as the manufacturers thereof.
Amendment 908 #
2016/0014(COD)
Proposal for a regulation
Article 65 – paragraph 2 – subparagraph 2
Article 65 – paragraph 2 – subparagraph 2
The vehicle OBD and the vehicle repair and maintenance information shall be made available on the websites of manufacturers using a standardised format or, if this is not feasible, due to the nature of the information, in another appropriate format. In particular, this access shall be granted in a manner which is non-discriminatory compared to the provision given or access granted to authorised dealers and repairersFor independent operators other than repairers, the information shall also be given in a machine-readable format that can be electronically processed with commonly available IT tools and software, which allows independent operators to execute their business functions in the aftermarket supply chain.
Amendment 910 #
2016/0014(COD)
Proposal for a regulation
Article 65 – paragraph 2 – subparagraph 2 a (new)
Article 65 – paragraph 2 – subparagraph 2 a (new)
Access to OBD information and data shall be facilitated for consumers in order to encourage the development of new technologies which help to monitor fuel consumption and emissions and safety throughout the expected life of the vehicle
Amendment 912 #
2016/0014(COD)
Proposal for a regulation
Article 65 – paragraph 10
Article 65 – paragraph 10
10. The Commission shall be empowered to adopt delegated acts in accordance with Article 88 to amend and supplement Annex XVIII to take account of technical and regulatory developments or prevent misuse by updating the requirements concerning the access to vehicle OBD and vehicle repair and maintenance information and by adopting and integrating the standards referred to in paragraphs 2 and 3. The Commission shall also be empowered to adopt delegated acts in accordance with Article 88 and create Annex XVIIIA to address technological developments in the field of digital data exchange using a wireless wide area network, ensuring the continued direct access to in-vehicle data and resources for Independent Operators and competition- neutrality by technical design.
Amendment 918 #
2016/0014(COD)
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
1. An approval authority or the Commission or the Agency may at any time, whether on its own initiative, on the basis of a complaint, or on the basis of an assessment by a technical service, check the compliance of a manufacturer with Articles 65 to 70, and with the terms of the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information laid down in Appendix 1 of Annex XVIII.
Amendment 919 #
2016/0014(COD)
Proposal for a regulation
Article 69 – paragraph 2 – subparagraph 1
Article 69 – paragraph 2 – subparagraph 1
Where an approval authority or the Agency finds that the manufacturer has failed to comply with his obligations regarding access to vehicle OBD and vehicle repair and maintenance information, the approval authority that granted the relevant type- approval shall take appropriate measures to remedy the situation.
Amendment 921 #
2016/0014(COD)
Proposal for a regulation
Article 69 – paragraph 3
Article 69 – paragraph 3
3. Where an independent operator or a trade association representing independent operators files a complaint to the approval authority on the failure of the manufacturer to comply with Articles 65 to 70, the approval authority shall carry out an audit in order to verify compliance by the manufacturer. The approval authority request the approval authority who granted the whole vehicle type-approval to investigate the complaint and request evidence from the vehicle manufacturer to proof that its system is in compliance with the Regulation. The results of this investigation shall be communicated within a period of three months to the national approval authority and the independent operator or trade association
Amendment 923 #
2016/0014(COD)
Proposal for a regulation
Article 69 – paragraph 3 a (new)
Article 69 – paragraph 3 a (new)
3a. An independent operator or a trade association may submit a complaint to its national type approval authority or directly to the authority who granted the whole vehicle type-approval, or to the Commission.
Amendment 925 #
2016/0014(COD)
Proposal for a regulation
Article 69 – paragraph 4 a (new)
Article 69 – paragraph 4 a (new)
4a. The Commission may organise and carry out, or require to be carried out, audits so as to ensure compliance with the requirements set out in Chapter XIV.
Amendment 926 #
2016/0014(COD)
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. The Forum referred to in paragraph 1 shall advise the Commission on measures to prevent misuse offor the approval and authorisation of independent operators when accessing security-related vehicle OBD and vehicle repair and maintenance information.
Amendment 927 #
2016/0014(COD)
Proposal for a regulation
Article 70 – paragraph 2 a (new)
Article 70 – paragraph 2 a (new)
2a. The standardised access to in- vehicle data shall remain directly accessible to Independent Operators by means of the vehicle’s standardised physical data link connector or technologies using a standardised wireless connection and shall not be restricted or controlled by the vehicle manufacturer.
Amendment 929 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
2. The type-approval authority shall be established, organised and operated so as to safeguard its objectivity and impartiality and to avoid any conflicts of interests with the technical services or manufacturers.
Amendment 932 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 6
Article 71 – paragraph 6
6. The type-approval authority shall have a sufficient number of competent personnel and resources at its disposal for the proper performance of the tasks foreseen by this Regulation
Amendment 941 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 1
Article 71 – paragraph 8 – subparagraph 1
The type-approval authority shall be peer- reviewed by two type-approval authorities of oaudited every three years to ensure they comply with the requirements of this Regulation and carry out their Member States every two yearsduties in an independent and rigorous manner. The Agency shall coordinate such audits and ensure their recommendations are applied, and may participate therein.
Amendment 947 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 2
Article 71 – paragraph 8 – subparagraph 2
The Member StatesAgency shall draw up the annual plan for the peer-reviewaudits, ensuring an appropriate rotation in respect of reviewing and reviewed type-approval authorities, and submit it to the Commission.
Amendment 948 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 3
Article 71 – paragraph 8 – subparagraph 3
The peer-review shall include an on-site visit to a technical service under the responsibility of the reviewed authority. The Commission may participate in the review and decide on its participation on the basis of a risk assessmaudits shall include a verification of the national type approval procedures in order to evaluate correct and full implementation of the requirements for type approval under Union law, a random sample check of the type approvals issued and an on-site visit to a technical service under the responsibility of the reviewed authority. If the audit demonstrates that the authority concerned has breached any of the requirements of this Regulation, or has issued type-approvals to the vehicles, systems, components and separate technical units that are not in conformity with the Union safety or environmental requirements, it shall immediately take all steps necessary to bring its procedures back in compliance in line with the recommendations issued by the audit. Other Member States shall not recognise the type approvals issued to vehicles, systems, components analysis. d separate technical units by the authority concerned on their territory until full compliance with the requirements of this Regulation and the audit recommendations is put in place.
Amendment 955 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 9
Article 71 – paragraph 9
9. The outcome of the peer-review shall be communicated to all Member States and to the Commission and a summary of the outcome shall be made publicly available. It shall be discuIf the audit demonstrates that the authority concerned has breached any of the requirements of this Regulation, or has issued type-approvals to the vehicles, systems, components and separate technical units that are not in conformity with the Union safety or environmental requirements, it shall immediately take all steps necessary to bring its procedures back in compliance in line with the recommendations issued by the Forum established in Article 10 on the basis of an assessment of this outcome carried out by the Commission and issue recommendationsaudit. Other Member States shall not recognise the type approvals issued to vehicles, systems, components and separate technical units by the authority concerned on their territory until full compliance with the requirements of this Regulation and the audit recommendations is put in place.
Amendment 959 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 9 a (new)
Article 71 – paragraph 9 a (new)
9a. The results of the audits shall be communicated to all Member States, to the Forum and third parties upon request, and a summary thereof shall be made publicly available. The Forum shall discuss the results of the audits and follow-up on full implementation of the recommendations.
Amendment 964 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 10
Article 71 – paragraph 10
10. The Member States shall provide information to the Commission and the otherAgency and Member States on how it has addressimplemented the recommendations in the peer-reviewaudit report.
Amendment 966 #
2016/0014(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point b
Article 72 – paragraph 1 – point b
(b) category B: supervision before and after of the tests referred to in this Regulation and in the acts listed in Annex IV, where those tests are performed in the manufacturer’'s facilities or in the facilities of a third party; This shall only apply in the case of components and separate technical units, Category B tests are not permitted in the case of whole-vehicle type-approvals;
Amendment 971 #
2016/0014(COD)
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
Amendment 972 #
2016/0014(COD)
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
Amendment 982 #
2016/0014(COD)
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 2
Article 73 – paragraph 2 – subparagraph 2
Amendment 989 #
2016/0014(COD)
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
1. An in-house technical service of a manufacturer may be designated for category AB activities as referred to in Article 72(1)(a) only with regard to the regulatory acts listed in Annex XV. An in- house technical service shall constitute in law a separate and distinct part of the manufacturer's company and shall not be involved in the design, manufacturing, supply or maintenance of the vehicles, systems, components or separate technical units that it assesses.
Amendment 991 #
2016/0014(COD)
Proposal for a regulation
Article 76 – paragraph 2 – point c a (new)
Article 76 – paragraph 2 – point c a (new)
(ca) the in-house technical service shall be audited according to the provisions of Article 77;
Amendment 994 #
2016/0014(COD)
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
3. An in-house technical service does not need toshall be notified to the Commission for the purposes of Article 78, but information concerning its accreditation shall be given by the manufacturer of which it forms part or by the national accreditation body to the type-approval authority at the request of that authorityas set out in Article 78.
Amendment 995 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 1 – subparagraph 1
Article 77 – paragraph 1 – subparagraph 1
Before designating a technical service, the type-approval authority shall assess it in accordance with an assessment check-list that comprehensively covers at least the requirements listed in Appendix 2 of Annex V. This check-list shall be harmonised across all Member States and coordinated via the Agency The assessment shall include an on-site assessment of the premises of the applying technical service, and, where relevant, of any subsidiary or sub-contractor, located inside or outside the Union.
Amendment 1001 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 1 – subparagraph 2
Article 77 – paragraph 1 – subparagraph 2
Representatives of the type-approval authorities of at least two other Member States shall, in coordination with the type- approval authority of the Member State in which the applicant technical service is established, and together with a representative of the Agency or the Commission, form a joint assessment team and participate in the assessment of the applicant technical service, including the on-site assessment. The designating type- approval authority of the Member State where the applicant technical service is established shall give those representatives timely access to the documents necessary to assess the applicant technical service.
Amendment 1010 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 5
Article 77 – paragraph 5
5. The Member States shall notify to the CommissionAgency the names of the representatives of the type-approval authority to call upon for each joint assessment.
Amendment 1014 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 7 – subparagraph 1
Article 77 – paragraph 7 – subparagraph 1
The type-approval authority shall notify the assessment report to the CommissionAgency and to designating authorities of the other Member States with documentary evidence regarding the competence of the technical service and the arrangements in place to regularly monitor the technical service and ensure that it continues to comply with the requirements of this Regulation.
Amendment 1016 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 8
Article 77 – paragraph 8
8. The type-approval authorities of the other Member States and the CommissionAgency may review the assessment report and the documentary evidence, raise questions or concerns and request further documentary evidence within one month after the notification of the assessment report and the documentary evidence..
Amendment 1017 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 10
Article 77 – paragraph 10
10. The type-approval authorities of the other Member States or the CommissionAgency may individually or jointly address recommendations to the type-approval authority of the Member State where the applicant technical service is established within four weeks following the receipt of the response referred to in paragraph 9. That type-approval authority shall take account of the recommendations when it takes the decision on the designation of the technical service. Where that type-approval authority decides not to follow the recommendations addressed by the other Member States or the Commission, it shall give the reasons therefor within two weeks after taking its decision. The Commission/Agency shall have the right to take and implement a final binding decision.
Amendment 1020 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 12
Article 77 – paragraph 12
Amendment 1043 #
2016/0014(COD)
Proposal for a regulation
Article 80 – paragraph 3 – subparagraph 1
Article 80 – paragraph 3 – subparagraph 1
At least every 30 months, the type- approval authority, together with representatives of the type-approval authority of two other Member States and at least one representative of the Agency shall assess whether each technical service under its responsibility continues to satisfy the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V. This assessment shall include an on-site visit to each technical service under its responsibility.
Amendment 1050 #
2016/0014(COD)
Proposal for a regulation
Article 81 – paragraph 1 – subparagraph 1
Article 81 – paragraph 1 – subparagraph 1
The CommissionAgency shall investigate all cases where concerns have been brought to its attention regarding the competence of a technical service or the continued compliance by a technical service with the requirements and responsibilities to which it is subject under this Regulation. It may also commence such investigations on its own initiative.
Amendment 1052 #
2016/0014(COD)
Proposal for a regulation
Article 81 – paragraph 1 – subparagraph 2
Article 81 – paragraph 1 – subparagraph 2
The CommissionAgency shall investigate the responsibility of the technical service in the case where it is demonstrated or where there are justified grounds to consider that a type approval has been granted on the basis of false data or that the test results have been falsified or that data or technical specifications have been withheld that would have led to the refusal to grant the type approval,.
Amendment 1057 #
2016/0014(COD)
Proposal for a regulation
Article 81 – paragraph 2
Article 81 – paragraph 2
2. The CommissionAgency shall consult the type- approval authority of the Member State where the technical service is established as part of the investigation referred to in paragraph 1. The type- approval authority of that Member State shall provide the CommissionAgency, upon request, with all relevant information relating to the performance and the compliance with the requirements concerning independence and competence of the technical service concerned.
Amendment 1058 #
2016/0014(COD)
Proposal for a regulation
Article 81 – paragraph 3
Article 81 – paragraph 3
3. The CommissionAgency shall ensure that all sensitive information obtained in the course of its investigations is treated confidentially.
Amendment 1062 #
2016/0014(COD)
Proposal for a regulation
Article 81 – paragraph 4 – subparagraph 1
Article 81 – paragraph 4 – subparagraph 1
Where the CommissionAgency ascertains that a technical service does not or no longer comply with the requirements for its designation or that it is responsible for any of the wrong-doings referred to in paragraph 1, it shall inform the Member State of the type-approval authority thereof.
Amendment 1064 #
2016/0014(COD)
Proposal for a regulation
Article 81 – paragraph 4 – subparagraph 2
Article 81 – paragraph 4 – subparagraph 2
The CommissionAgency shall request that Member State to take restrictive measures, including the suspension, restriction or withdrawal of the designation, where necessary.
Amendment 1068 #
2016/0014(COD)
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. Type-approval authorities shall consult each other, the agency, the forum and the Commission on questions with general relevance with regard to the implementation of the requirements set out in this Regulation in relation with the assessment, designation and monitoring of technical services.
Amendment 1071 #
2016/0014(COD)
Proposal for a regulation
Article 82 – paragraph 2
Article 82 – paragraph 2
2. Type-approval authorities shall communicate to each other, the agency, the forum and the Commission not later than two years after the entry into force of this Regulation the model for assessment check-list used in accordance with Article 77(1) and thereafter the adaptations made to this check-list until the Commission has adopted a harmonised assessment check- list. The Commission shall be empowered to adopt implementing acts to establish the template of the assessment check-list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 1076 #
2016/0014(COD)
Proposal for a regulation
Article 85 – paragraph 1 – introductory part
Article 85 – paragraph 1 – introductory part
1. Technical services shall inform their approval authority and the Agency of the following:
Amendment 1077 #
2016/0014(COD)
Proposal for a regulation
Article 85 – paragraph 2
Article 85 – paragraph 2
2. Upon request from their approval authority or the Agency, technical services shall provide information on the activities within the scope of their designation and on any other activity performed, including cross-border activities and subcontracting.
Amendment 1084 #
2016/0014(COD)
Proposal for a regulation
Article 88 – paragraph 2
Article 88 – paragraph 2
2. The power to adopt delegated acts referred to in Article 4(2), Article 5(2), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 55(2) and (3), Article 56(2), Article 60(3), Article 65(10), and Article 65 (11) ,Article 76(4) and Article 90(2) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.
Amendment 1090 #
2016/0014(COD)
Proposal for a regulation
Article 89 – paragraph 1
Article 89 – paragraph 1
1. Member StatesThe Agency shall lay down thEU wide rules on penalties for infringement by economic operators and technical services of their obligations laid down in the Articles of this Regulation, in particular Articles 11 to 19 and 72 to 76, 84 and 85 and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. The agency should also ensure EU wide coherence regarding the level of fines with respect to the type of infringement.
Amendment 1092 #
2016/0014(COD)
Proposal for a regulation
Article 89 – paragraph 2 – introductory part
Article 89 – paragraph 2 – introductory part
2. The types of infringements by eEconomic operators and technical services are subject to penalties shall be at least the followingin case of non-compliance with the provisions of this Regulation and all applicable law, in particular:
Amendment 1096 #
2016/0014(COD)
Proposal for a regulation
Article 89 – paragraph 2 – point c a (new)
Article 89 – paragraph 2 – point c a (new)
(ca) non-disclosure of information and software which could affect type approval procedures and differing vehicle performance between laboratory tests and real driving conditions;
Amendment 1097 #
2016/0014(COD)
Proposal for a regulation
Article 89 – paragraph 2 – point c b (new)
Article 89 – paragraph 2 – point c b (new)
(cb) non-conformity of production;
Amendment 1098 #
2016/0014(COD)
Proposal for a regulation
Article 89 – paragraph 2 – point c c (new)
Article 89 – paragraph 2 – point c c (new)
(cc) designation of technical services not accredited to EU requirements;
Amendment 1099 #
2016/0014(COD)
Proposal for a regulation
Article 89 – paragraph 2 – point c d (new)
Article 89 – paragraph 2 – point c d (new)
(cd) differences between advertised properties and those experienced on the road under normal driving conditions, including emission and noise level and fuel consumption.
Amendment 1105 #
2016/0014(COD)
Proposal for a regulation
Article 90 – paragraph 1 – subparagraph 1
Article 90 – paragraph 1 – subparagraph 1
Where the compliance verification by the CommissionAgency referred to in Article 9(1) and (4), or Article 54(1) or by Member States Market Surveillance authorities as referred to in Article 8(1) reveals non- compliance of the vehicle, system, component, separate technical unit with the requirements laid down in this Regulation, the CommissionAgency may impose administrative fines upon the concerned economic operator for the infringement of this Regulation. The administrative fines provided for shall be effective, proportionate and dissuasive. In particular the fines shall be proportionate to the number of non-compliant vehicles registered in the Union market, or the number of non-compliant systems, components or separate technical unit made available on the Union market.
Amendment 1109 #
2016/0014(COD)
Proposal for a regulation
Article 90 – paragraph 1 – subparagraph 2
Article 90 – paragraph 1 – subparagraph 2
The administrative fines imposed by the CommissionAgency shall not be in addition to the penalties imposed by the Member States in accordance with Article 89 for the same infringement and shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit.
Amendment 1115 #
2016/0014(COD)
Proposal for a regulation
Article 91 – paragraph 1 – point 5
Article 91 – paragraph 1 – point 5
Amendment 1116 #
2016/0014(COD)
Proposal for a regulation
Article 91 – paragraph 1 – point 5 a (new)
Article 91 – paragraph 1 – point 5 a (new)
Regulation (EC) No 715/2007
Article 14 – paragraph 3
Article 14 – paragraph 3
(5a) In Article 14 paragraph 3 is replaced by the following: "The Commission shall keep under review the procedures, tests and requirements referred to in Article 5(3) as well as the test procedures used to measure emissions in order to ensure that they are adequate, including with regard to defeat devices, and reflect real world emissions. The Commission shall introduce and complete, in accordance with Article 5(3) and without undue delay a real driving emissions test for all vehicles and pollutants to ensure the effectiveness of emission control systems and to enable the vehicle to comply with this Regulation and its implementing measures in normal use throughout the normal life of the vehicles. The conformity factor for NOx applicable from 2020 to all vehicles placed on the Union market shall be no more than 1,18. The conformity factor for PN applicable from 2020 to all vehicles placed on the Union market shall be 1."
Amendment 1117 #
2016/0014(COD)
Proposal for a regulation
Article 91 – paragraph 1 – point 5 b (new)
Article 91 – paragraph 1 – point 5 b (new)
Regulation (EC) No 715/2007
Article 14 a (new)
Article 14 a (new)
Amendment 1125 #
2016/0014(COD)
Proposal for a regulation
Annex XVIII – point 2 – point 2.8 a (new)
Annex XVIII – point 2 – point 2.8 a (new)
2.8a. For the purpose of vehicle OBD, diagnostics, repair and maintenance, the direct vehicle data stream shall continue to be made available through the standardised, physical data link connector as specified in UN Regulation No 83, Annex XI, Appendix 1, para 6.5.1.4 and UN Regulation No 49, Annex 9B.
Amendment 1126 #
2016/0014(COD)
Proposal for a regulation
Annex XVIII – point 2 – point 2.8 b (new)
Annex XVIII – point 2 – point 2.8 b (new)
2.8b. For the purpose of vehicle OBD, diagnostics, repair and maintenance, the direct vehicle data stream shall continue to be made available through the standardised, physical data link connector as specified in UN Regulation No 83, Annex XI, Appendix 1, para 6.5.1.4 and UN Regulation No 49, Annex 9B. This connector shall also comply with the requirements of ISO 13400-4 if it is used for diagnostics over internet protocol (DoIP) or high speed software updating.
Amendment 1127 #
2016/0014(COD)
Proposal for a regulation
Annex XVIII – point 6 – point 6.1 – paragraph 3
Annex XVIII – point 6 – point 6.1 – paragraph 3
Information on all parts of the vehicle, with which the vehicle, as identified by the VIN and any additional criteria such as wheelbase, engine output, trim level or options, is equipped by the vehicle manufacturer and that can be replaced by spare parts offered by the vehicle manufacturer to its authorised repairers or dealers or third parties by means of reference to original equipment (OE) parts number, shall be made available in a database as machine readable and as electronically processable datasets that is easily accessible to independent operators.
Amendment 1128 #
2016/0014(COD)
Proposal for a regulation
Annex XVIII – point 6 – point 6.3
Annex XVIII – point 6 – point 6.3
6.3. The Forum on Access to Vehicle Information referred to in Article 70 shall specify the parameters for fulfilling these requirements in accordance with the state of the art. The independent operator shall be approved and authorised for this purpose on the basis of documents demonstrating that he pursues a legitimate business activity and has not been convicted of any relevant criminal activity.
Amendment 1129 #
2016/0014(COD)
Proposal for a regulation
Annex XVIII – point 6 – point 6.4
Annex XVIII – point 6 – point 6.4
6.4. With regard to vehicles falling in the scope of Regulation (EC) No 595/2009, rReprogramming of control units shall be conducted in accordance with either ISO 22900-2 or SAE J2534 or TMC RP1210B using non-proprietary hardware. Ethernet, serial cable or local area network (LAN) interface and alternative media like compact disc (CD), digital versatile disc (DVD) or solid state memory device for infotainment systems (e.g. navigation systems, telephone) may also be used, but on the condition that no proprietary communication software (e.g. drivers or plug-ins) or hardware is requiredIf reprogramming or diagnostics is conducted using ISO 13400 DoIP, it shall comply with the requirements of the before-mentioned standards. Where vehicle manufacturers use additional proprietary communication protocols, then these protocol specifications shall be made available to independent operators. For the validation of the compatibility of the manufacturer-specific application and the vehicle communication interfaces (VCI) complying to ISO 22900- 2 or SAE J2534 or TMC RP1210B, the manufacturer shall offer ewither a validation of independently developed VCIs or the information, and loan of any special hardware, required for a VCI manufacturer to conduct such validation himself. The conditions of Article 67(1) shall apply to fees for such validation or information and hardware. in six months of the granting of type approval, a validation of independently developed VCIs and the test environment, including information on the specifications of the communication protocol and the loan of any special hardware, required for a VCI manufacturer to conduct such validation himself. The conditions of Article 67(1) shall apply to fees for such validation or information and hardware. Corresponding conformity compliance must be ensured either by mandating CEN to develop appropriate conformity standards or by using existing ones such as SAE J2534-3. The conditions of Article 67(1) shall apply to fees for such validation or information and hardware.
Amendment 1141 #
2016/0014(COD)
Proposal for a regulation
Annex XVIII – point 7 a (new)
Annex XVIII – point 7 a (new)
7a. Vehicle manufacturers shall make available via a web service or as a download an electronic data set comprising all VIN numbers (or a requested sub-set) and the correlated individual specification and configuration features which were originally built into the vehicle
Amendment 1142 #
2016/0014(COD)
Proposal for a regulation
Annex XX – title
Annex XX – title
Technical information to enable complete roadworthiness test methods to be fulfilled
Amendment 9 #
2015/2353(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for a genuine revision of the MFF regulation, encompassing the financial means made available under the current framework; notes the deployment of the special and flexibility tools in order to respond to the exceptional and unforeseen circumstances the Union is facing; calls for even greater flexibility in order to deal adequately with such circumstances; stresses, however, that in tackling new challenges the EU must not prejudice the allocation of resources for cohesion purposes;
Amendment 18 #
2015/2353(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers it necessary to reform the system of financing of the MFF, particularly through the creation of new and genuine own resources in order to move towards a budget 'wholly financed by own resources' as provided for by Article 311 TFEU; urges the Council to commit to reflecting on this issue, without prejudice to the final report from the High- Level Group on Own Resources; also urges the Council to reflect on the establishment of a fiscal capacity within the eurozone in order to assist Member States in the implementation of agreed structural reforms; underlines that any new instrument should be placed within the EU budget, but above the ceilings of the MFF, and financed from real own resources;
Amendment 22 #
2015/2353(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Demands that a transparent, well- informed and conclusive debate be held jointly with the Council and the Commission on the most suitablBelieves that the duration of the post- 2020 financial frameworks, which allows for their should be reduced to five years under the provisions of Article 312, first paragraph, TFEU and alignmented with the Eduropean election cyclesation of Parliament's legislative term;
Amendment 27 #
2015/2353(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for the activation of the available ‘passerelle’ clauses, as provided for by Article 48(7) TEU, regarding the decision- making procedures for both the MFF and the own resources decision, as provided for in the Treatiesin order to switch from unanimity to QMV for their adoption;
Amendment 56 #
2015/2346(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. View a high level of consumer protection as a key objective that must inform EU action; stresses that the removal of NTBs will not necessarily result in better consumer protection;
Amendment 67 #
2015/2346(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Points out that rules required in order to meet public policy objectives must not be regarded as NTBs but as a legitimate means of legislating in the public interest, and that the removal of NTBs must not undermine Member States' right to regulate;
Amendment 119 #
2015/2346(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to focus on ground-level enforcement, makingmake sure that rules are followed in the Member States;
Amendment 123 #
2015/2346(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Believes that the lack of tax coordination between the Member States, particularly in the area of corporate taxation, prevents businesses from competing on an equal footing and thus constitutes a non-tariff barrier to the proper functioning of the single market;
Amendment 125 #
2015/2346(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Underlines the importance of the principle of mutual recognition for ensuring markupward harmonisation for ensuring a high level of product safety access to the single market fornd consumer protection, so that the principle of mutual recognition is only applied to goods which are not harmonised at Union level, and in cases where Member States have national, very often different, rules on products, but with the same underlying objective;
Amendment 127 #
2015/2346(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. HighlightStresses that many businesses are not aware of mutual recognition and believe that they have to comply with national requirements in the Member State of destination when trading in the single marketthe harmonised rules with which they are required to comply, nor of the principle of mutual recognition for goods which are not harmonised;
Amendment 153 #
2015/2346(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Points out that public services benefit from special protection in relation to internal market rules because of the general interest tasks they fulfil, and that therefore the rules set by the public authorities for their proper operation do not constitute non-tariff barriers; points out, in this regard, that social services and health services are not subject to the Services Directive;
Amendment 159 #
2015/2346(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to address these barriers, including through improved mutual recognition, in compliance with the rules laid down by the destination country on the performance of service activities in conformity with the Services Directive, and, if appropriate, legislative action, such as the Commission’s recently announced Services Passport initiative;
Amendment 172 #
2015/2346(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Points out that manysome of the Member States’ regulations on the access and exercise of regulated professions are disproportionate and create unnecessary regulatory obstacles to the mobility of professionals;
Amendment 196 #
2015/2346(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission to present a comprehensive overview of NTBs in the single market, taking into consideration the difference between an NTB and and an analysis of the means for tackling them, making a clear distinction between an NTB and the regulations for implementing a legitimate public policy objective of a Member State;
Amendment 18 #
2015/2344(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that the establishment of a budgetary capacity within the eurozone is necessary to complete the EMU and that it is recommendable to create a budgetary capacity, albeit limited, under, under the current Treaty framework, is a sine qua non for remedying the serious shortcomings that have had mutually reinforcing effects and exacerbated the overall fragility of the ceurrent Treaty frameworkozone and, in particular, for dealing with asymmetric shocks;
Amendment 39 #
2015/2344(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that such capacity should be part of the EU budget as laid down in Article 310(1) TFEU and should comply with the provisions of Articles 310(4) and 312(1) TFEU, outside the ceilings of the multiannual financial framework (MFF);
Amendment 61 #
2015/2344(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates the need for democratic legitimacy and accountability, implying the adoption of the community method, namely with the involvement of Parliament in the shaping, implementation and oversight of a budgetary capacityuse of the ordinary legislative procedure, as set out in Article 289 TFEU, for the implementation and oversight of a budgetary capacity; also suggests that the Commission Vice-President responsible for the euro should head the Eurogroup and be given wide-ranging powers over Economic and Monetary Union;
Amendment 15 #
2015/2343(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European Union is resolved to frame a common defence policy leading to a common defence which reinforces its European identitydegree of integration and autonomy in order to promote peace, security and progressstability in Europe's neighborhood and in the world;
Amendment 30 #
2015/2343(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Treaty on European Union clearly defines the principles and objectives in the area of the CSDP in Articles 21 (1, 2) and 42(1) and the mechanisms and framework for their achievement; whereas very limited progress has been achieved in fulfilment of these objectives;
Amendment 32 #
2015/2343(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the tasks of CSDP are clearly defined by the so called Petersberg Tasks of Article 43(1) TEU and exclusively focus on missions and operations in third countries;
Amendment 40 #
2015/2343(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the development of the CSDP requires shared values and common interests, and, over all, political will from the Member States, as well as the setting- up of robust institutional cooperation structures; whereas the CSDP should be an effective common policy which generates an added value and not a mere sum of the national policies of the Member States or their lowest common denominator;
Amendment 53 #
2015/2343(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EU now hashas, according to Article 42(2) TEU, competence to define and implement a common security and defence policy that includes the progressive framing of a common Union defence policy when the European Council, acting unanimously, so decides; whereas the European Council has not yet decided on the progressive framing of a common defence policy; whereas the Union should use this competence to coordinate and supplement the actions of the Member States, without thereby prejudicing or superseding their competence in defence;
Amendment 64 #
2015/2343(INI)
Motion for a resolution
Recital E
Recital E
E. whereas EU citizens are calling for more European intervention in defence and security, with two thirds wishing to see greater EU engagement in matters of security and defence policyaccording to the 2015 Eurobarometer 74% of EU citizens are calling for a common defence and security policy among EU Member States;
Amendment 77 #
2015/2343(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the European Council should establish the European Defence Union without delay, as advocated by Parliament, as well as the Union’s commonincrease its efforts to develop a common security and defence policy; whereas the Member States should adopt the decision on a more common defence policy in accordance with their respective constitutional requirements;
Amendment 90 #
2015/2343(INI)
Motion for a resolution
Recital G
Recital G
G. whereas Parliament actively supports the European Defence Union and will continue to make appropriate proposals to that end; whereas the interparliamentary conference on the CFSP and CSDP should become the forum for the implementation of effective and regular interparliamentary cooperation on the CSDP and the progressive framing of a common Union defence policy;
Amendment 94 #
2015/2343(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the VP/HR is required, in accordance with Article 36 TEU, to regularly consults Parliament on the progressive framingimplementation of athe common Unionsecurity and defence policy, (CSDP) and to ensures that the views of Parliament are duly taken into consideration in that process, and informs Parliament on the progress made towards the European Defence Union;
Amendment 105 #
2015/2343(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the Union’s future annual and multiannual programming should include defence policy; whereas the Commission should initiate the work on appropriate interinstitutional agreements, including an EU Defence White Book, for a first implementation under the next multiannual financial and political framework of the EUCommission should enforce the two defence-related 2009 directives and ensure that single market rules are also being respected in the defence sector;
Amendment 136 #
2015/2343(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that the CSDP, as provided for in the Treaty on European Union (TEU), includes the progressive framing of a common Union defence policy that will lead to a future common defence when the European Council, acting unanimously, so decides; calls on the Member States to commit as a matter of priority to the provisions of the Treaty on the CSDP, and to ensure tangible progress in the achievement of the objectives as defined in those provisions;
Amendment 162 #
2015/2343(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. CRecalls that operational expenditure having military or defence implications cannot be charged to the Union budget as referred to in Article 41(2) TEU; considers that even where the TEU provides that the Council acts by a qualified majority to adopt decisions under the CSDP, in particular those under Articles 45(2) and 46(2) TEU, operationall expenditure to which the implementation of such decisions gives rise should be charged to the Union budget; considers that, to that end, there is a need for additionalreceive funding or co-funding from Member States;
Amendment 171 #
2015/2343(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 182 #
2015/2343(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is convincedPoints out that Article 41(1) TEU applies to the administrative expenditure of EDA and PESCO;
Amendment 185 #
2015/2343(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 192 #
2015/2343(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 200 #
2015/2343(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 202 #
2015/2343(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Believes that deepening defence cooperation among Member States at the EU level should go hand in hand with strengthening of parliamentary oversight and control by both the European Parliament and national Parliaments;
Amendment 246 #
2015/2343(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the projected increase in national defence expenditure to 2 % of EU GDP; highlights that thiRecalls that according to the Commission the Member States wcould mean extra expenditure of nearly EURsave and re-invest between EUR 25 and 100 bBillion on defence by the end of the coming decade; considers that this boost should be used to launch more strategic cooperative programmes within and through the Union, by better structuring the demand and supply sides and making both sides more efficient and more effectiveannually if they reduce the high level of inefficiency of their defence spending and pool investments with regard to research, development and also procurement;
Amendment 261 #
2015/2343(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is convinced that the Union’sjoint investments in defence should ensure that all Member States can participate in a balanced, coherent and synchronised improvement of their military capabilities; considers that thispooling of national investments in defence constitutes a strategic opportunity for the Union to improve its security and defence;
Amendment 275 #
2015/2343(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights the continued need for the establishment of a Council format of Defence Ministers, in order to provide sustained political leadership and coordinate the implementation of the CSDP, and the setting up of a permanent military EU Operational Headquarters for the effective implementation of the Petersberg Tasks and the abolishment of current ad hoc structures at EU level and structures which are dependent on the foreign policy of the Member State which provides one of the five national operational headquarters made available to the EU or acts as framework nation in the context of the Battle Groups;
Amendment 278 #
Amendment 283 #
2015/2343(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers that the Steering Board of the EDA, made up of the representatives of Member States’ defence ministries, is the body that is suitable to exercise the advisory and supervisory functions required to implement parts of Articles 42, 45 and 46(3) TEU and Article 45 TEU;
Amendment 287 #
2015/2343(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 291 #
2015/2343(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is convinced that the mandate of the Political and Security Committee (PSC) referred to in Article 38 TEU needs to be interpreted narrowlyand its role on defence needs to be strengthened; considers that, under the treaties, its mandate only covers the situation and missions outside the Union as well as certain aspects ofmonitoring the implementation of the solidarity clause; considers in particular that its developed working arrangements are not adapted to the further implementation of that part of the CSDP which is defined by Article 42(2) TEUagreed policies without prejudice to the powers of the High Representative;
Amendment 294 #
2015/2343(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 297 #
2015/2343(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 317 #
2015/2343(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. RegretNotes that Member States have not yet developed a common European armaments and capabilities policy (EACP) within the EDA as foreseen by Article 42(3) TEU; calls on the VP/HR to inform Parliament of the results achieved by the existing working relationship between the EDA and the Commission and of both with the European Space Agency (ESA) and the Organisation for Joint Armament Cooperation (OCCAR);
Amendment 332 #
2015/2343(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Encourages the Member States to establish and join PESCO within the Union framework, with a view to sustaining and improving their military capabilities through doctrine and leadership development, personnel development and training, defence material and infrastructure development, and interoperability and certification; believes that in line with the tasks described in Article 43 TEU PESCO could also be used for permanent cooperative arrangements on specific military tasks such as combat forces for high intensity conflicts, stabilisation forces which secure cease-fires or peace agreements, military logistics, military engineering tasks, transport, evacuation tasks, or medical services including mobile field hospitals;
Amendment 339 #
2015/2343(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Considers that the Union should make provision, in agreement with the Member States concerned, for participation incoordinating capability programmes undertaken by them; considers that the Union’s financial contribution to such programmes should not exceed the contributions made by the participating Member States;
Amendment 348 #
2015/2343(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes the view that the some EU Battlegroup system shs could be brought under PESCO, alongside the creation of a European-level headquarters; considers that other European multinational structures such as the European Air Transport Command, and Eurocorps and OCCAR shcould also be brought under PESCO; considers that the EU’s privileges and immunities should apply to those multinational structures being part of PESCO;
Amendment 360 #
2015/2343(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that during the stand-up, standby and stand-down phases the Uniona revised ATHENA mechanism should cover all EU Battlegroup costs;
Amendment 364 #
2015/2343(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Calls on the HR/VP and the Council to mainstream climate change action into all the EU's external action guidelines, strategies and actions and, to that end, to appoint a Special Representative on Climate Security;
Amendment 365 #
2015/2343(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27 b. Calls on HR/VP and the Council to fully implement UN Security Council Resolution 1325 and appoint a Special Representative for Women and Conflict;
Amendment 389 #
2015/2343(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Reiterates that the relationship between the CSDP and NATO offers a political opportunity for collaboration and complementarity at every level; recalls that, within the current international context and in view of the deterioration of security, a comprehensive and wider partnership is needed, with the aim of developing joint capabilities and avoiding duplication of actionsCSDP should not prejudice the obligations that certain Member States have under NATO;
Amendment 413 #
Amendment 425 #
2015/2343(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls on the Council and the VP/HR to elaborate a EU White Book on Security and Defence that will include a roadmap with clear phases and a calendar for progressive steps to be taken towards the establishment of a European Defence Union and a more common defence policy; believes that such a White Book should be as comprehensive as possible and should integrate the different measures foreseen by the Union;
Amendment 430 #
2015/2343(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Notes the European Defence Action Plan put forward by the Commission in November 2016; calls in this regard on the Commission to further clarify the governance and financing of the possible European Defence Fund; considers that the effective implementation of that plan requires strong support and political commitment from the Member States and the EU institutionsrejects the ideas presented by the Commission in the context of the European Defence Fund, in particular on the so called capability window which promotes the idea that national capital contributions would be treated as "one-offs" under the Stability and Growth Pact which will prioritise defence expenditure over social expenditure and increase public debt with defence expenditure; regrets in this regard that the Commission, the EDA and the Member States have not yet delivered on all the tasks resulting from the European Council meetings on defence of 2013 and 2015;
Amendment 440 #
2015/2343(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Considers that the adoption of a EU White Book on Security and Defence should build on the Global Strategy’'s Implementation Plan on Security and Defence, in order to drive the progressive framing of a common Union defence policystrengthen the CSDP; stresses that this document should not only reflectassess the current military capabilities of Member States, but also analyse the type of cooperation necessary and the means to achieve it, the kind of operations that the EU may conduct, and the required capabilities and funds, while also contributing to coordination and cooperation between NATO and the EU;
Amendment 448 #
2015/2343(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Underlines the need for deeper discussions on the future relation between the Union and the United Kingdom in CSDP matters, and in particular in the field of military capabilities, should the UK decide to trigger Article 50 TEU; considers that new command arrangements need to be found with regard to the Northwood Operational Headquarters for Operation Atalanta;
Amendment 451 #
2015/2343(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Calls on the Council and the VP/HR to ensure coordination at all levels of interaction: civilian and military, EEAS/ Commission, and EU/ Member States; welcomes the internal/external security nexus established by the Global Strategy, and calls on the VP/HR and the Commission to ensure coherence and ensure that the internal and external aspects of security are duly coordinated, including at administrative level;
Amendment 33 #
2015/2256(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that the Single Market (SM) is the backbone of Member States’ economies; highlights the economic benefits of the SM, such as product and market integration, economies of scale, stronger competition, and a level playing field for 500 million citizens across the 28 Member States, providing greater choice and lower prices for consumers; underlines that the Single Market should allow the relocation of certain activities to encourage shorter distances between producer and consumer;
Amendment 43 #
2015/2256(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises the importance of advancing the SM to achieve structural economic growth in order to attract investment in the real economy, particularly innovation and the green economy;
Amendment 86 #
2015/2256(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Regrets that further implementation of the Services Directive, covering activities representing more than 45 % of the EU’s GDP and employment, is hindered by a multitude ofsome varying national rules and regulations that are not always in the public interest and that the notification procedure is often not complied with;
Amendment 90 #
2015/2256(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the modernisation of the Professional Qualifications Directive, proposing a smoother system of recognition of qualifications supporting labour mobility; highlights that the regulation of similar regulated professions still varies substantially between Member States, as do reserves of activities, thus hampering labour mobility and job creation; underlines that the modernisation of this Directive should not prejudice the right of the Member States receiving workers to legislate in the public interest;
Amendment 97 #
2015/2256(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the proposal by the Commission to launch a legislative initiative introducing a services passport as a helpful tool to reduce barriers faced by service providers going cross-border; takes the view, however, that it would be appropriate to provide more detail on the outlines of this proposal, whilst ensuring that the rules of the destination country can be applied;
Amendment 102 #
2015/2256(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that the public sector and public procurement are critical drivers of bothfor Member State ands, the public, business, growth, job creation and competitiveness (representing more than 19 % of EU GDP expenditure), and that they should set an example in terms of high social and environmental standards, in order to encourage positive structural changes for society;
Amendment 113 #
2015/2256(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses the need to strengthen and improve tax coordination, in order to prevent unfair competition and market distortions and ensure equal opportunities in the Single Market;
Amendment 119 #
2015/2256(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights that national regulations and practices, coupled with inadequate implementation of the mutual recognition of products principle, continue to create unnecessary barriers and burdens for businesses; calls for better enforcement of the principle and cost-efficient instruments for dispute settlement;
Amendment 141 #
2015/2256(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes new business models emerging under the collaborative economy, creating a clear opportunity for growth, jobs and a wider choice for consumers and entrepreneurs; underlines that it would be appropriate to clarify the rules, particularly tax and social rules, to which these activities are subject;
Amendment 147 #
2015/2256(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Highlights, in line with the European Parliament resolution of 9 July 2015 on the circular economy, that indicators relating to effective resource use should be included in the European Semester;
Amendment 176 #
2015/2256(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Underlines that the recent emissions- testing cheating scandal in the motor- vehicle sector brought to light serious failings in the implementation of Single Market rules; urges national market surveillance authorities to cooperate more closely and to exchange information and best practices to effectively tackle the high number of illegal and non-compliant products incurring high costs for complying businesses; calls for the immediatdemands the establishment of a European market- surveillance authority, in order to ensure the independence of checks and of market surveillance; is extremely concerned by the length of time taken by the Council of the European Union in the adoption of the Product Safety and Market Surveillance Package by the Council, which jeopardises the safety of products in the EU, and calls ofn the European UnionCouncil to adopt it immediately;
Amendment 182 #
2015/2256(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Recognises the importance of better regulation principles and the REFIT initiative, and the need for regulatory security and predictability, when designing new legislative initiatives; underlines that the better lawmaking principle should not prejudice the right of the EU and the Member States to legislate in areas crucial to the public interest, such as health and the environment.
Amendment 20 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point a - point ii
Paragraph 2 - point a - point ii
ii. to ensure that before considering the removal of barriers, the agreement seeks to create a level playing field in the services sector, and has as its main objective to highlight and maintain the existing and future high level of protection of consumers, workers and the environment enshrined in the Treaty on the Functioning of the European Union (TFEU);
Amendment 27 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point a - point iii
Paragraph 2 - point a - point iii
iii. to ensure that the TiSA provides reciprocal access, notwithstanding the right of countries to adopt regulations which are duly justified on public policy grounds; to ensure that the combination of domestic regulation and transparency annexes will not lead to a regulatory chill effect; to oppose any proposals calling for the mandatory submission of legislative proposals to third parties prior to their publication;
Amendment 39 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point a - point iii a (new)
Paragraph 2 - point a - point iii a (new)
iiia. as regards consumer protection to ensure that the TiSA agreement follows the principle that no consumer has less protection nor less information online than offline
Amendment 43 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point b - point i
Paragraph 2 - point b - point i
i. to ensure that the negotiations maintain and strengthen the fundamental role played by public services andEU withdraws from the TISA negotiations if there is no clear and explicit undertaking by the parties to exclude all current and future services of general interest as well as services of general economic interest, in the European Union, which provide an essential safety net for citizens and contribute to social cohesion, growth and employment; cluding but not limited to water production, distribution and treatment, health services, social services, social security systems, educational, cultural and audio- visual services;
Amendment 51 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point b - point ii
Paragraph 2 - point b - point ii
ii. to maintain the Member States’ freedom to regulate those services at all levels and to provide, commission and fund public services in compliance with the Treatiesensure that European, national, regional and local authorities retain the full right to regulate those services and to introduce, adopt, maintain or repeal any measures with regard to the commissioning, organisation, funding and provision of public services; to apply this exclusion irrespective of how the public services are provided and funded;
Amendment 64 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point c - point i
Paragraph 2 - point c - point i
i. to ensure that a positive list of services ready to be placed on the market is presented by the Union for both market access and national treatment, in order to protect those services not explicitly referred to from being opened up to competition;
Amendment 73 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point c - point ii
Paragraph 2 - point c - point ii
ii. to ensure that the negotiations comply with the new directives on public procurement and concessions, in particular as regards the definition of public-public cooperation, exclusions and SME access, sustainability criteria and SME access, as well as with the thresholds below which these directives do not apply;
Amendment 77 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point c - point iii
Paragraph 2 - point c - point iii
iii. to ensure reciprocity in the mutual recognition of professional qualifications, in particular by establishing a legal framework, and that mobility is promoted by making it easier for professionals in the sectors covered by the agreement to obtain visas, without compromising the application of the general interest rules laid down by the competent authorities;
Amendment 80 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point c - point iv
Paragraph 2 - point c - point iv
iv. to ensure that transparent and effective measures in line with the Charter of Fundamental Rights are put in place to protect consumers against fraudulent online commercial practices; to make sure that consumers will be protected at home, when they travel and when they shop online, and that they will benefit from easy access to dispute resolution mechanisms and effective resolution dispute;
Amendment 84 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point c - point iv a (new)
Paragraph 2 - point c - point iv a (new)
iva. to ensure that the agreement promotes interoperability of eGovernment services within and between signatory countries and access for all citizens to such services;
Amendment 85 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point c - point iv b (new)
Paragraph 2 - point c - point iv b (new)
ivb. to ensure that the agreement allows consumers to use any terminal equipment and firmware of their choice, and that consumers can modify that equipment and any firmware installed on such equipment; to ensure also that services are provided in a technologically neutral manner;
Amendment 102 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point d a (new)
Paragraph 2 - point d a (new)
da) as regards network information security i. to ensure that high levels of network information security are maintained, inter alia the promotion of prevention and hardening of IT security measures, including end-to-end encryption and ensuring liability for software manufacturers for not repairing and disclosing security vulnerabilities or for not exercising due diligence when creating their software;
Amendment 103 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point d b (new)
Paragraph 2 - point d b (new)
db) as regards open software i. to ensure that signatory countries can require transfer of or access to open source software code and that they can initiate public procurement tenders with free of charge and open source software as a prerequisite;
Amendment 104 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point d c (new)
Paragraph 2 - point d c (new)
dc) as regards telecom services i. to ensure that there are no additional requirements that would constitute exceptions from the users right to terminals of their choice, irrespective of the end-user’s or provider’s location or the location, origin or destination of the service, information or content, via their internet access service;
Amendment 4 #
2015/2222(INI)
Draft opinion
Recital B
Recital B
B. whereas full respect of the principle of subsidiarity should also be respected in the field of employee relations shall not impede the competence of the EU to set up minimum standards in the field of workers' rights to representation in order to provide a level playing field for EU companies;
Amendment 16 #
2015/2222(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the importance of recent EU legal instruments regulating the participation of workers, in particular Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees1, Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees2, and Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies3; __________________ 1 2 3 and Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community- scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees 3a; __________________ 1 OJ L 294, 10.11.2001, p. 22. OJ L 294, 10.11.2001, p. 22. 2 OJ L 207, 18.8.2003, p. 25. OJ L 207, 18.8.2003, p. 25. 3 OJ L 310, 25.11.2005, p. 1. OJ L 310, 25.11.2005, p. 1. 3a OJ L 122, 16.5.2009, p. 28.
Amendment 21 #
2015/2222(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is worriedExpresses its deep concerns about the impact that the proposal for a directive on single-member private limited liability companies could have on workers’ rights, in particular workers’ representation, and the inconsistency of such a proposal with the overall objective to promote workers' rights across the EU;
Amendment 32 #
2015/2222(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to consider making a proposal on how to introduce permanent forms of workers’ participation, by ensuring strong and binding common minimum standards for information, consultation and participation applicable to all forms of EU companies, while promoting different forms of board-level representation;
Amendment 40 #
2015/2222(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Reaffirms the right of workers to elect their own representatives, in accordance with the national representation systems, and supports the idea of presenting gender- balanced lists of candidates; recalls that the respect of human rights by enterprises is to be assessed with due regard to the role of existing governance structures such as corporate boards, as established by the United Nations Guiding Principles on Business and Human Rights;
Amendment 50 #
2015/2222(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to define binding common minimum criteria for workers’ representation at board level, notably on the size of the company, - with increased proportions of workers representation for bigger companies - on balanced gender representation, and on the extension of the right to participate in public and semi-public companies;
Amendment 55 #
2015/2222(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to submit legislative proposals and financial instruments aimed at promoting enhanced information, participation and consultation of workers; calls on the Commission to improve EU company law to serve these core social aspects;
Amendment 6 #
2015/2210(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the single market remains fragmented and the great potential for smart, sustainable and inclusive growth, innovation and jobs largely untapped; calls on the Commission and the Member States to honour their commitments and to safeguard the revival of the single market as one of the Union’s main priorities;
Amendment 11 #
2015/2210(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates its call on the Commission to put forward proposals for classifying the single market as a specific pillar of the European Semester in order to cover a clear set of priorities related to the real economy, including dedicated guidelines and country-specific recommendations (CSRs) thereon;
Amendment 31 #
2015/2210(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Commission to take additional measures to improve access to finance for SMEs, and to ensure an improved business environment, simplify procedures and reduce administrative burdens in the single market; stresses the importance of sound business regulation for the success of the European Fund for Strategic Investments; recalls the need to focus investments on the priorities set out in the Europe 2020 strategy, i.e. developing an economy based on knowledge and innovation, promoting a more resource-efficient, greener and more competitive economy and fostering a high-employment economy delivering a high level of social and territorial cohesion;
Amendment 38 #
2015/2210(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that better and stronger tax coordination as well as renewed efforts to combat fraud and tax avoidance, with due respect for national competences, isare needed in order to ensure a level playing field and to avoid unfair competition and detrimental distortions within the single market;
Amendment 51 #
2015/2210(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses that the full implementation of EU public procurement and concessions legislation would provide a great opportunity to enhance innovation and access for SMEs, to promote sustainable development and to modernise public administration, by improving the quality, effectiveness and transparency of public spending and investment.
Amendment 6 #
2015/2128(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is deeply concerned by the validity and quality of data transmitted by the Member States concerning their GNI, the number of open and closed cases, as well as the lack of answers to clarifications requested by the Commission or OLAF;
Amendment 16 #
2015/2128(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Asks the Commission to add a chapter on the performance of the EU institutions in its next EU Anti-corruption report to be published in early 2016;
Amendment 18 #
2015/2128(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls, therefore, for Article 325 to be implemented right across the spectrum of Union policies, and for action not just in response to cases of fraud but also to prevent them; for compliance with Article 325, and particularly paragraph 5 on annual reports, on which there is currently a year’'s delay; for simplification, especially, of the way that EU subsidies are used in cohesion policy; for adherence to agreed procedures and for the ratification of the agreements on combating fraud at regional and international level which have been concluded between the Union and third countries or third-party organisations; for follow-up on the action plan and recommendations in Parliament’'s resolution of 23 October 2013 on organised crime, corruption and money laundering: recommendations on action and initiatives to be taken (2013/2107(INI)), especially recommendations 130 (on the visibility of measures by the Member States to combat organised fraud and crime) and 131 (on a general action plan for the period 2014- 2019 to eradicate organised crime, corruption and money laundering – points i-xxii); for every effort to be made to secure the speediest possible adoption of the plan for aCouncil Regulation on European Public Prosecutor’'s Office and the directive on, the PIF directive with VAT included in its scope and covering a clear definition of PIF offences, minimum and maximum imprisonment penalties applicable, and minimum rules on the statute of limitations common anti-fraud measures under criminal law; for the initial results of implementation of the Money Laundering Directive to be made available; and for more information to be provided about the anti-corruption instruments used by the European Anti-Fraud Office (OLAF) and about the coordination of Member States’' procedures for recovering monies disbursed as a result of fraud.
Amendment 21 #
2015/2128(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Reiterates its call on the Commission to swiftly come up with a legislative proposal on the minimum level of protection for whistle-blowers in the European Union; Calls on the Institutions to amend the Staff Regulations to ensure that Staff Regulations not only formally oblige officials to report irregularities, but also lay down adequate protection for whistle-blowers'; Calls on the European Institutions that have not done so and other bodies to implement Article 22(c) of the Staff Regulations without delay;
Amendment 25 #
2015/2128(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Urges the Commission to publish a corruption index for EU member states in order to allow for an appropriate targeting of the controls;
Amendment 27 #
2015/2128(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Urges the Commission to immediately publish the assessment on all agreements with tobacco companies, with a view to establish their efficiency to fight against fraud and counterfeit affecting the financial interests of the EU, and to evaluate the appropriateness to renew these kind of agreements;
Amendment 28 #
2015/2128(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Reiterates its call relating to 2013 for a speedy resolution of the remaining issues between OLAF and its Supervisory Committee; reiterates that neither OLAF nor its SC can fulfil their legal duties effectively under the conditions of their current limited cooperation; notes with concern the lack of progress and thus considers the current situation unacceptable; calls on the Commission to play fully its role as intermediary between the two bodies and to actively work on a long-term solution to be put in place without delay.
Amendment 27 #
2015/2086(INL)
Motion for a resolution
Recital B
Recital B
B. whereas the purpose of adoption is not to give adults the right to a child, but to give the child a loving and caring environment to grow up and develop ina child the right to one or more parents so that said child may enjoy fully the rights guaranteed to him or her by virtue of the Charter of Fundamental Rights;
Amendment 33 #
2015/2086(INL)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas any measure or decision that would lead to discrimination, a loss of rights or any legal uncertainty for the adopted child cannot be considered to be in the best interests of the child;
Amendment 57 #
2015/2086(INL)
Motion for a resolution
Recital I
Recital I
I. whereas, under the Hague Convention, recognition may be refused only if the adoption is manifestly contrary to the public policy of the state concerned, taking into account the best interests of the child;
Amendment 60 #
2015/2086(INL)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas a refusal to recognise an adoption order that has been legally granted in the country of origin contravenes Article 24 of the 1993 Hague Convention when it would have the effect of causing a loss of rights for the child or discrimination against him or her;
Amendment 230 #
2015/2086(INL)
Motion for a resolution
Annex – Part B – article 4 – paragraph 1
Annex – Part B – article 4 – paragraph 1
1. The authorities of a Member State may only make an adoption order if the adopting parent or parents or the adopted child are habitually resident in that Member State.
Amendment 232 #
2015/2086(INL)
Motion for a resolution
Annex – Part B – article 6 – point a
Annex – Part B – article 6 – point a
Amendment 236 #
2015/2086(INL)
Motion for a resolution
Annex – Part B – article 7
Annex – Part B – article 7
Amendment 240 #
2015/2086(INL)
Motion for a resolution
Annex – Part B – Article 8
Annex – Part B – Article 8
Amendment 242 #
2015/2086(INL)
The court to which an application for refusal of recognition is submitted or the court which hears an appeal lodged under Article 8(2) or (3) mayagainst a judgment on an application for refusal of recognition shall stay the proceedings if an ordinary appeal has been lodged against the adoption order in the Member State of origin or if the time for such an appeal has not yet expired. In the latter case, the court may specify the time within which such an appeal is to be lodgall legal remedies have not been exhausted.
Amendment 247 #
2015/2086(INL)
Motion for a resolution
Annex – Part B – Article 12 – paragraph 1
Annex – Part B – Article 12 – paragraph 1
1. If a decision or judgment contains a measure or an order which is not known in the law of the Member State addressed, that measure or order shall, to the extent possible, be adapted to a measure or an order known in the law of that Member State which has equivalent effects attached to it and which pursues similar aims and interests. Such adaptation shall not result in effects going beyonddifferent from those provided for in the law of the Member State of origin on filiation and adoption.
Amendment 1 #
2015/2085(INL)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to the Charter of Fundamental Rights of the European Union, and more particularly Article 3 thereof which guarantees everyone the right to physical and mental integrity, and Article 21 thereof on non-discrimination;
Amendment 42 #
2015/2085(INL)
Motion for a resolution
Recital T
Recital T
T. whereas protection measures taken by the authorities of one Member State should automatically be recognised in the other Member States; whereas, notwithstanding the foregoing, it may be necessary to establish duly circumscribed grounds to refuse recognition in order to safeguard the public policy of the requested state;
Amendment 93 #
2015/2085(INL)
Motion for a resolution
Annex – part A – paragraph 4
Annex – part A – paragraph 4
4. Ensure that the sharing between Member States of information concerning the protection status of vulnerable adults, and access to files and registers containing details of protection measures and mandates in anticipation of incapacity, is organised in a manner entirely consistent with the principle of confidentiality and the rules on the protection of the personal data of the adults concerned.
Amendment 95 #
2015/2085(INL)
Motion for a resolution
Annex – part A – paragraph 6
Annex – part A – paragraph 6
6. Grant any person who is given responsibility for protecting the person or the property of a vulnerable adult the right to obtain within a reasonable period an EU certificate valid in all the Member States specifying his or her status and the powers which have been conferred on him or her.
Amendment 97 #
2015/2085(INL)
Motion for a resolution
Annex – part A – paragraph 7
Annex – part A – paragraph 7
7. FosterEnable the automatic recognition in the other Member States of protection measures taken by the authorities of a Member State, without prejudice to the introduction of legal safeguards to protect public order in the States requested, as an exception to the principle of automatic recognition and in keeping with Articles 3 and 21 of the Charter of Fundamental Rights of the European Union.
Amendment 100 #
2015/2085(INL)
Motion for a resolution
Annex – part A – paragraph 9
Annex – part A – paragraph 9
9. Foster consultation and coordination among the Member States if the enforcement of a decision proposed by the authorities of a Member State could have logistical and financial implications for another mMember State, so that the Member States concerned can reach agreement on the sharing of the costs associated with the protection measure. The consultation and coordination should always be conducted in a manner consistent with the interests of the vulnerable adult concerned and respect for his or her fundamental rights. The authorities concerned could submit proposals for alternative measures to the competent administrative or judicial authority, on the understanding that the final decision would rest with the authority in question.
Amendment 102 #
2015/2085(INL)
Motion for a resolution
Annex – part A – paragraph 10
Annex – part A – paragraph 10
10. Introduce single mandate in anticipation of incapacity forms in order to facilitate the use of such mandates by the persons concerned, well-informed consent for which shall be verified by the relevant authorities, and the circulation, recognition and enforcement of mandates.
Amendment 344 #
2015/2041(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Believes that the names of national representatives and voting records should be public in the Comitology register;
Amendment 345 #
2015/2041(INI)
Motion for a resolution
Paragraph 33 b (new)
Paragraph 33 b (new)
33b. Calls on the Commission to submit a revision of Regulation (EU) 182/2011 and of the Framework Agreement between Parliament and the Commission giving the right to the European Parliament to be represented in all expert committees,
Amendment 2 #
2015/2040(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the code of conduct for European Commissioners, particularly Articles 1.3 to 1.6 thereof,
Amendment 9 #
2015/2040(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas equality between women and men must be ensured in all areas, including employment; whereas this requirement must be reflected in the composition of the European Commission; whereas despite repeated requests from Jean-Claude Juncker in 2014 the governments proposed a far greater number of male rather than female candidates; whereas the women who were proposed primarily come from Member States with smaller populations and the larger Member States largely ignored this requirement; whereas the only fair solution is to ask each Member State to propose two candidates, one male and one female, so that the President- designate is able to propose a high quality College with an equal number of men and women;
Amendment 14 #
2015/2040(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Recalls that article 3.3 of the TEU states that "The Union shall promote equality between women and men" and that article 23 of the Charter of Fundamental Rights of the European Union states that "Equality between women and men must be ensured in all areas, including employment, work and pay";
Amendment 18 #
2015/2040(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Further considers that it would be desirable for each Member State to put forward a list of at least two candidates – one male and one female a footing of equality – for consideration by the Commission President-elect;
Amendment 21 #
2015/2040(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that checks on declarations of the financial interests of Commissioners designated by the Committee on Legal Affairs should be improved; considers that, to this end, declarations of financial interests should include family interests as provided for by Article 1.6 of the code of conduct for Commissioners; confirmation by the Committee on Legal Affairs of the absence of any conflict of interests, based on a substantive analysis of the declarations of financial interests, constitutes an essential precondition for the holding of the hearing by the committee responsible;
Amendment 34 #
2015/2040(INI)
Motion for a resolution
Paragraph 5 – point 3
Paragraph 5 – point 3
if coordinators representing a clear majority approve the candidatetwo-thirds majority of the members of the committee approve or reject the candidate, unless a political group asks for a meeting of the committee to be convened in order for a vote to be taken – letter stating that a large majority approve or reject the candidate (minorities may request that it be mentioned that their group does not share the majority view);
Amendment 35 #
2015/2040(INI)
Motion for a resolution
Paragraph 5 – point 4 – introductory part
Paragraph 5 – point 4 – introductory part
if there is no clear majority, or there is a majority (but not a consensus) against the candidate coordinators consider it necessary:
Amendment 36 #
2015/2040(INI)
Motion for a resolution
Paragraph 5 – point 4 – point 2
Paragraph 5 – point 4 – point 2
if still dissatisfied – request for a further 1.5-hour hearing, with the approval of Parliament’s President;
Amendment 39 #
2015/2040(INI)
Motion for a resolution
Paragraph 5 – point 4 – point 3
Paragraph 5 – point 4 – point 3
Amendment 45 #
2015/2040(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the scrutiny of Commissioners’ declarations of interests should remain the competence of the Committee on Legal Affairs; considers, however, that the current scope of Commissioners’ declarations of interests is too limited, and invites the Commission to revise its rules on this as soon as possible;
Amendment 88 #
2015/0288(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 95 #
2015/0288(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 99 #
2015/0288(COD)
Proposal for a directive
Recital 8
Recital 8
Amendment 106 #
2015/0288(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 122 #
2015/0288(COD)
Proposal for a directive
Recital 11
Recital 11
(11) This Directive covers rules applicable to the online and other distance sales of goods only in relation to key contract elements needed to provide for a high level of consumer protection and to overcome contract-law related barriers in the Digital Single Market. For this purpose, rules on conformity requirements, remedies available to consumers for lack of conformity of the goods with the contract and modalities for their exercise should be fully harmonised and the level of consumer protection as compared to Directive 1999/44/EC, should be increased.
Amendment 140 #
2015/0288(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In order to provide clarity as to what a consumer can expect from the goods and what the seller would be liable for in case of failure to deliver what is expected, it is essential to fully harmonise rules for determining the conformity with the contract. Applying a combination of subjective and objective criteria should safeguard legitimate interests of both parties to a sales contract. Conformity with the contract should be assessed by taking into account not only requirements which have actually been set in the contract - including in pre-contractual information which forms an integral part of the contract - but also certain objective requirements which constitute the standards normally expected for goods, in particular in terms of fitness for the purpose, durability, packaging, installation instructions and normal qualities and performance capabilities.
Amendment 149 #
2015/0288(COD)
Proposal for a directive
Recital 22
Recital 22
(22) While freedom of contract with regard to the criteria of conformity with the contract should be ensured, in order to avoid circumvention of the liability for lack of conformity and ensure a high level of consumer protection, any derogation from the mandatory rules on criteria of conformity and incorrect installation, which is detrimental to the interests of the consumer, shall be valid only if the consumer has been expressly informed and has expressly consented to it when concluding the contract. The fact that the consumer has accepted the seller's terms and conditions of sale contained in the contract or has been presented with a default option which the consumer would be required to reject in order to demonstrate a lack of acceptance should not be considered as express consent.
Amendment 150 #
2015/0288(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Ensuring longer durability of consumer goods is important for achieving more sustainable consumption patterns and a circular economy. Similarly, keeping non-compliant products out of the Union market by strengthening market surveillance and providing the right incentives to economic operators is essential to increase trust in the single market. For these purposes, product specific Union legislation is the most appropriate approach to introduce durability and other product related requirements in relation to specific types or groups of products, using for this purpose adapted criteria. This Directive should Therefore sellers should inform consumers of the minimum expected lifespan of a product, and clearly indicate if they guarantee that lifespan. Consumers should be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within the lifespan of the goods consumers can reasonably expect. Furtherefmore be complementary to the objectives followed in this Union sector specific legislation. In so far as specific durability information is indicated in any pre-contractual statement which forms part of the sales contract, the consumer should be able to rely on them as a part of the criteria for conformity, sellers should inform the consumer about the availability of spare parts which are essential to the use of the product.
Amendment 153 #
2015/0288(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23 a) Similarly, keeping non-compliant goods out of the Union market by strengthening market surveillance and providing the right incentives to sellers is essential to increase trust in the single market. For those purposes, product- specific Union legislation should be used to introduce durability and other product- related requirements in relation to specific types or groups of goods, using for that purpose adapted criteria. This Directive should therefore be complementary to the objectives followed in this Union sector- specific legislation. In so far as specific durability information is indicated in any pre-contractual statement which forms part of the sales contract, the consumer should be able to rely on them as a part of the criteria for conformity.
Amendment 161 #
2015/0288(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In order to allow businesses to rely on a single set of rules across the Union, it is necessary to fully harmonise the period of time during which the burden of proof for the lack of conformity is reversed in favour of the consumer. Within the first two years, in order to benefit from the presumption of lack of conformity, the consumer should only establish that the good is not conforming, without needing to demonstrate that the lack of conformity actually existed at the relevant time for establishing conformity. In order to increase legal certainty in relation to available remedies for lack of conformity with the contract and in order to eliminate one of the major obstacles inhibiting the Digital Single Market, a fully harmonised order in whichthe principle of free choice of remedies should be harmonised. The consumer should enjoy a free choice of remedies can be exercised should be provided for. In particular, the consumer should enjoy a choice between repair or replacement as a first remedy which should help in maintaining the contractual relation and mutual trust. Moreover, enabling consumers to require repaird should therefore be able to require the seller to repair the defect or replace the defective good with a good that is in conformity with the contract, reduce the price or terminate the contract which should help in maintaining the contractual relation and mutual trust. In any case, consumers should be enabled to request repair through the availability of spare parts and the labour required to install them. This should encourage a sustainable consumption and could contribute to a greater durability of products.
Amendment 168 #
2015/0288(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The consumer's free choice between repair and replacementof remedies should only be limited where the option chosen would be disproportionate compared to the other option available, impossible or unlawful. For instance, it might be disproportionate to request the replacement of goods because of a minor scratch where this replacement would create significant costs while, at the same time, the scratch could easily be repairedis impossible or unlawful.
Amendment 174 #
2015/0288(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Where the seller has not remedied the lack of conformity through repair or replacement without significant inconvenience for the consumer and within a reasonable time, the consumer should be entitled to a price reduction or to terminate the contract. In particular any repair or replacement needs to be successfully accomplished within this reasonable period. What is a reasonable time should be objectively ascertained considering the nature of the goods and the lack of conformity. If upon the laps of the reasonable period, the seller has failed to successfully remedy the lack of conformity, the consumer should not be obliged to accept any further attempts by the seller in relation to the same lack of conformitchoose another remedy.
Amendment 178 #
2015/0288(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Considering that the right to terminate the contract due to the lack of conformity is an important remedy applicable where repair or replacement are not feasible or have failed, the consumer should also enjoy the right to terminate the contract in cases where the lack of conformity is minor. This would provide a strong incentive to remedy all cases of a lack of conformity at an early stage. In order to make the right to terminate effective for consumers, in situations where the consumer acquires multiple goods, some being an accessory to the main item which the consumer would not have acquired without the main item, and the lack of conformity impacts that main item, the consumer should have the right to terminate the contract also in relation to the accessory elements, even if the latter are in conformity with the contract.
Amendment 191 #
2015/0288(COD)
Proposal for a directive
Recital 33
Recital 33
(33) In order to ensure higher awareness of consumers and easier enforcement of the Union rules on consumer's rights in relation to non-conforming goods, this Directive should align the period of time of a minimum of two years during which the burden of proof is reversed in favour of the consumer with the period during which the seller is held liable for any lack of conformity.
Amendment 200 #
2015/0288(COD)
Proposal for a directive
Recital 42 a (new)
Recital 42 a (new)
(42 a) The Commission should report on the implementation of this Directive by 31 December 2020. That report should focus inter alia on the functioning of the remedies and lifespan guarantees, including the need to introduce legislation providing for mandatory minimum lifespan guarantees.
Amendment 220 #
2015/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘'consumer’' means any natural person who, in contracts covered by this Directive, is acting for purposes which are primarily outside his trade, business, craft or profession;
Amendment 225 #
2015/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(c a) 'producer' means the manufacturer of goods, the importer of goods into the territory of the Union or any person purporting to be a producer by placing his name, trade mark or other distinctive sign on the goods;
Amendment 239 #
2015/0288(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
Member States shall notmay maintain or introduce provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a differenthigher level of consumer protection.
Amendment 245 #
2015/0288(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) be of the quantity, quality, durability and description required by the contract, which includes that where the seller shows a sample or a model to the consumer, the goods shall possess the quality of and correspond to the description of this sample or model;
Amendment 252 #
2015/0288(COD)
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 1 (new)
Article 4 – paragraph 3 – subparagraph 1 (new)
A consumer shall not be deemed to have expressly accepted the specific condition of the goods if: (a) the consumer has generally accepted the seller's terms and conditions of sale contained in the contract; or (b) the consumer has been presented with a default option which he would be required to reject in order to demonstrate his lack of acceptance.
Amendment 253 #
2015/0288(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
The goods shall, where relevant:
Amendment 256 #
2015/0288(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) be delivered along with such accessories, including packaging, installation instructions or any other instructions, as the consumer may expect to receive; and
Amendment 259 #
2015/0288(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c – introductory part
Article 5 – paragraph 1 – point c – introductory part
(c) possess qualities, durability and performance capabilities which are normal in goods of the same type and which the consumer maycan expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller or other persons in earlier links of the chain of transactions, including the producer, unless the seller shows that:
Amendment 261 #
2015/0288(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c – point ii
Article 5 – paragraph 1 – point c – point ii
(ii) by the time of conclusion of the contract the statement had been corrected and the consumer had been made explicitly aware by the seller of that correction; or
Amendment 275 #
2015/0288(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In cases where the goods were installed by the seller or under the seller’'s responsibility, the time when the installation is complete shall be considered as the time when the consumer has acquired the physical possession of the goods. In a case where the goods were intended to be installed by the consumer, the time when the consumer had reasonable time for the installation, but in any caseeing not later than 30 days after the time indicated in paragraph 1, shall be considered as the time when the consumer has acquired the physical possession of the goods, save where the complexity of the installation requires a longer time.
Amendment 280 #
2015/0288(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Any lack of conformity with the contract which becomes apparent within two years from the time indicated in paragraphs 1 and 2 ishall be presumed to have existed at the time indicated in paragraphs 1 and 2 unless this is incompatible with the nature of the goods or with the nature of the lack of conformity. Where a consumer can reasonably expect the lifespan of the goods to be longer than two years, and the lack of conformity becomes apparent within that period, that lack of conformity shall be presumed to have existed at the time indicated in paragraphs 1 and 2 unless this is incompatible with the nature of the goods or with the nature of the lack of conformity.
Amendment 285 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In the case of a lack of conformity with the contract, the consumer shall be entitled to havea free choice of the following remedies in accordance with Articles 10 to 13: (a) having the goods brought into conformity by the seller, free of charge, by repair or replacement in accordance with Article 11; (b) being granted a price reduction; (c) terminating the contract. If the option chosen is unlawful or impossible, the consumer may choose another remedy.
Amendment 291 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. A repair or replacement shall be completed within a reasonable time, and in any case within 30 days from the moment the seller has acquired physical posession of the goods, and without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer required the goods.
Amendment 296 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 316 #
2015/0288(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Where the seller remedies the lack of conformity with the contract by replacement, the seller shall take back the replaced goods at the seller's expense unless the parties have agreed otherwise after the lack of conformity with the contract has been brought to the seller's attention by the consumer.
Amendment 322 #
2015/0288(COD)
Proposal for a directive
Article 11
Article 11
Amendment 343 #
2015/0288(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where the lack of conformity with the contract relates to only some of the goods delivered under the contract and there is a ground for termination of a contract pursuant to Article 9, the consumer may terminate the contract only in relation to those goods and any other goods, which the consumer acquired as an accessory to the non-conformingwould not have acquired without those goods.
Amendment 360 #
2015/0288(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
The consumer shall be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within two years as from the relevant time for establishing conformity. Where the consumer can reasonably expect that the lifespan of a product is longer than two years, and the lack of conformity becomes apparent within that lifespan, the consumer shall also be entitled to a remedy for that lack of conformity. In order to determine the lifespan of a product which is reasonable for the consumer to expect, all circumstances shall be taken into account, including in particular: (a) durability requirements laid down by product-specific legislation, or (b) durability information indicated in any pre-contractual or public statement made by the seller, or, where relevant, by other persons in earlier links of the chain of transactions, including the producer. If, under national legislation, the rights laid down in Article 9 are subject to a limitation period, that period shall not be shorter than two years from the relevant time for establishing conformity with the contracthe time limit specified in the first subparagraph of this paragraph.
Amendment 387 #
2015/0288(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Commercial guarantees for lifespan 1. The seller of a technical product shall inform the consumer of the foreseeable minimum lifespan of the product. The seller shall also: (a) guarantee to the consumer that the product is fit for its intended purpose for its foreseeable minimum lifespan and shall indicate the duration of that lifespan; or (b) clearly indicate that he does not guarantee the fitness of the product during its lifespan. This information shall be made available to the consumer before or at the time when the consumer concludes the contract. The seller shall inform the consumer whether the guaranteed lifespan is shorter or longer than the limitation period specified in Article 14. Article 15 shall continue to apply.
Amendment 389 #
2015/0288(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Where the seller is liable to the consumer because of a lack of conformity with the contract resulting from an act or omission by a person in earlier links of the chain of transactions, the seller shall be entitled to pursue remedies against the person or persons liable in the chain of transactions. The person against whom the seller may pursue remedies, and the relevant actions and conditions of exercise, shall be determined by national law. However, the seller shall be entitled to pursue remedies for at least the duration of the legal guarantee period, and the period during which a presumption exists that any lack of conformity with the contract already existed at the time indicated in Article 8(1) and (2) shall be no shorter than as provided for in Article 8(3).
Amendment 393 #
2015/0288(COD)
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16 a Spare parts 1. The seller shall inform the consumer in a clear and intelligible manner of the period during which or the date up until which spare parts essential to the use of goods are available on the market. Member States shall encourage producers to develop clear labelling which informs consumers of the existence of spare parts and for how long those spare parts shall be available on the market. 2. Such spare parts shall be available for a reasonable price, proportionate to their value in the complete good, and shall be made available within a reasonable length of time.
Amendment 401 #
2015/0288(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Any contractual agreement which, to the detriment of the consumer, excludes the application of national measures transposing this Directive, derogates from them or varies their effect before the lack of conformity with the contract of the goods is brought to the seller's attention by the consumer shall not be binding on the consumer unless parties to the contract exclude, derogate from or vary the effects of the requirements of Articles 5 and 6 in accordance with Article 4 (3).
Amendment 407 #
2015/0288(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19 a Direct producer liability 1. The producer shall be liable, vis-à- vis the consumer, to repair or replace the goods for any lack of conformity. Article 14 applies mutatis mutandis. 2. The producer shall repair or replace the goods, at his choice, within a reasonable time, and in any case within 30 days from the moment he has acquired physical possession of the goods.
Amendment 410 #
2015/0288(COD)
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20 a Reporting by the Commission and review By 31 December 2020, the Commission shall submit a report on the application of this Directive to the European Parliament and the Council. That report shall include in particular an evaluation of the provisions of this Directive regarding remedies, the functioning of lifespan guarantees and the relationship with the Directive on certain aspects concerning contracts for the supply of digital content. That report shall be accompanied, where necessary, by legislative proposals to adapt this Directive to developments in the field of consumer rights.
Amendment 515 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point f i (new)
Article 1 – paragraph 1 – point 2 – point f i (new)
Directive 2008/98/EC
Article 3 – paragraph 1 – point 30 (new)
Article 3 – paragraph 1 – point 30 (new)
(fi) The following point 29 is inserted: 29. "planned obsolescence" means all techniques by which a manufacturer tries to deliberately reduce the life-time of a product put on the market;"
Amendment 635 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Directive 2008/98/EC
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Such measures mayshall encourage, inter alia, the development, production and marketing of products that are suitable for multiple use, that are technically durable and that are, after having become waste, suitable for preparation for re-use and recyclingeasy to maintain, repair, share, digitise and re- use, and that are, after the use phase and having been prepared for re-use using disassembly, remanufacturing and refurbishment or recycled, suitable to be placed on the market in order to facilitate proper implementation of the waste hierarchy. The measures shouldall take into account the impact of products throughout their life cycle. and the waste hierarchy.
Amendment 96 #
2015/0269(COD)
Proposal for a directive
Recital 2
Recital 2
(2) ADirective 91/477/EEC included an obligation on the Commission to submit a report on the situation resulting from the application of that Directive by 28 July 2015, accompanied, if appropriate, by proposals. Furthermore, as a response to recent terrorist acts which demonstrated gaps in the implementation of Directive 91/477/EEC especially with regard to deactivation of weapons, convertibility and marking rules, the "European Agenda on Security" adopted in April 2015 and the Declaration of the Home Affairs Ministers Council of 29 August 2015 called for the revision of that Directive and for a common approach on the deactivation of firearms to prevent reactivation and use by criminals.
Amendment 154 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Bodies concerned with the cultural and historical aspects of weapons andMuseums recognised as such by the Member State in whose territory they are established and holding in their possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member State concerned and provided that those firearms have been deactivatedto strict conditions of storage.
Amendment 181 #
2015/0269(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) A definition of antique weapons should be included in Directive 91/477/EEC.
Amendment 224 #
2015/0269(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Some semi-automatic firearms can be easily converted to automatic firearms, thus posing a threat to security. Even in the absence of conversion to category "A", certain semi-automatic firearms may be very dangerous when their capacity regarding the number of rounds is high or when they present other technical characteristics such as their length or the calibre of the barrel. High-capacity magazines may also be very dangerous. Such semi-automatic weapons should therefore be banned for civilian use.
Amendment 248 #
2015/0269(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) The absence of appropriate storage and supervision of firearms by their legal owners present particular risks and therefore common rules should be established to ensure a high level of security.
Amendment 249 #
2015/0269(COD)
Proposal for a directive
Recital 11 b (new)
Recital 11 b (new)
(11b) The physical, cognitive and psychological ability to possess a firearm should be verified at least at the moment of the acquisition, and carefully monitored thereafter via continuous or periodical medical tests.
Amendment 250 #
2015/0269(COD)
Proposal for a directive
Recital 11 c (new)
Recital 11 c (new)
(11c) Payments in cash for the acquisition of firearms, essential components or ammunition complicate their traceability and can contribute to illicit trafficking and money laundering, and therefore they should be prohibited.
Amendment 257 #
2015/0269(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Selling arrangements of firearms and their components by means of distance communication may pose a serious threat to security as they are more difficult to control than the conventional selling methods, especially as regards the on line verification of the legality of authorisations. It is therefore appropriate to limit the selling of arms and components by means of distance communication, notably internet, to dealers and brokersensure that the conditions for purchasing firearms, essential components and ammunition by means of distance communication, notably internet, by legal or natural persons other than dealers and brokers allow a face-to-face verification at the time of delivery of at least the identity of the recipients and their right to acquire a firearm by the dealer or broker or by a public authority representative.
Amendment 272 #
2015/0269(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Additional security measures should be adopted in order to reduce the risks and consequences linked to the possession of firearms. In particular, a transitional period between the date of transaction and the date of delivery would contribute to avoid impulsive purchases of firearms by individuals subject to temporary mental disorder and allow for checking that all the conditions linked to the acquisition and possession of a firearm are fulfilled by the recipients. Furthermore, there should be an obligation to possess an insurance policy covering possible damages linked to the use of firearms.
Amendment 276 #
2015/0269(COD)
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) Brokers and dealers should refuse any transactions if they have reasonable reasons to suspect that the recipients do not fulfil the applicable conditions for acquisition of a firearm. In particular, the fact of not being likely to be a danger to themselves or others, to public order or to public safety, may be difficult to establish even when the recipients can demonstrate that they have been subject to medical checks in the past. Similarly, elements such as quantities uncommon for private use, unusual payment methods, or if the recipients appear unfamiliar with the use of the ammunition, can indicate that the transaction present an unacceptable risk and thereby justify a refusal. This provision should not be used to allow any discrimination as regards characteristics of the recipients such as their nationality, group of origin or religious beliefs.
Amendment 292 #
2015/0269(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In order to improve the functioning of the information exchange between Member States, the Commission should assess the necessary elements of a system to support such exchange of information contained in the computerised data-filing systems in place in Member States. The Commissestablish an Union computerized data exchange platform to support such exchange of information, allowing Member States to exchange information as regards elements contributing to enhance security, such as their national legislation and practices, authorization's assessment may be accompanied, if appropriate, by a legislative proposal taking into account existing instruments regarding exchand refusals for the transfer of firearms, lists of authorized dealers and brokers, existing stocks, confiscated firearms or natural or legal persons involved in illicit traffickinge of informationfirearms.
Amendment 297 #
2015/0269(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to ensure appropriate exchange of information between the Member States on authorisations granted and on refusals, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of adopting an act to enable the Member States to create such a system of exchange of information on authorisations granted and on refusalsestablishing an Union computerized data-exchange platform. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 324 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
1b. For the purposes of this Directive, "essential component" shall mean the barrel, frameloader, chamber, frame, body, receiver, slide or cylinder, bolt or breaech block and any device designed or adapted to diminish the sound caused by firing a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
Amendment 328 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 91/477/EEC
Article 1 – paragraph 1e
Article 1 – paragraph 1e
1e. For the purposes of this Directive, "'broker"' shall mean any natural or legal person, or partnership resident in a Member State, other than a dealer or the buyer, whose trade or business consists, wholly or partly, in buying, selling or arranging the transferfacilitating, whether or not in exchange for a payment, the negotiation or organisation of transactions for the purpose of buying, selling or arranging the transfer of firearms, essential components or ammunition within a Member State, from one Member State to another Member State or exporting to a third country fully assembled firearms,, from a Member State to a third country or from a their parts and ammunitiond country to a Member State.
Amendment 340 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point b a (new)
Article 1 – point 1 – point b a (new)
Directive 91/477/EEC
Article 1 – paragraph 1e a (new)
Article 1 – paragraph 1e a (new)
(ba) The following paragraph is inserted: "1ea. For the purposes of this Directive, 'museum' shall mean a not-for-profit, permanent institution in the service of society and its development, open to the public, which acquires, conserves, researches and exhibits firearms, parts of firearms and ammunition for the purpose of education, study and enjoyment."
Amendment 349 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1f
Article 1 – paragraph 1f
1f. For the purposes of this Directive, "alarm and signal weapons" shall mean portable devices with a cartridge holder having a gas exit to the front, aside or on the top, which are specifically designed andor construcverted for the purpose of raising alarm or sending a signal and which are only designed to fire blanks, irritants, other active substances or pyrotechnic ammunition.
Amendment 355 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1g
Article 1 – paragraph 1g
1g. For the purposes of this Directive, "salute and acoustic weapons" shall mean firearms specifically converted for the sole use of firing blanks, for use in theatre performances, photographic sessions, movies and television recordings.
Amendment 375 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1i
Article 1 – paragraph 1i
1i. For the purposes of this Directive, "deactivated firearms" shall mean firearms that have been modified with the purpose of rendering them permanently unfit for use by deactivation, ensuring that all essential parcomponents of the firearm have been rendered permanently inoperable and incapable of removal, replacement or a modification that would permit the firearm to be reactivated in any way.
Amendment 378 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c a (new)
Article 1 – point 1 – point c a (new)
Directive 91/477/EEC
Article 1 – paragraph 1i a (new)
Article 1 – paragraph 1i a (new)
(ca) The following paragraph is added: "1ia. For the purposes of this Directive, 'antique weapons' shall mean either any firearms manufactured before 1870, or any firearm defined as such by a Member State according to technical criteria."
Amendment 382 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point d
Article 1 – point 1 – point d
Directive 91/477/EEC
Article 1 – paragraph 2 – point i
Article 1 – paragraph 2 – point i
(i) the manufacture, trade, exchange, hiring out, repair, modification or conversion of firearms;
Amendment 391 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point d
Article 1 – point 1 – point d
Directive 91/477/EEC
Article 1 – paragraph 2 – point ii
Article 1 – paragraph 2 – point ii
(ii) the manufacture, trade, exchange, hiring out, repair, modification or conversion of parts of firearms;
Amendment 397 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point d
Article 1 – point 1 – point d
Directive 91/477/EEC
Article 1 – paragraph 2 – point iii
Article 1 – paragraph 2 – point iii
(iii) the manufacture, trade, exchange, modification, loading or conversion of ammunition.
Amendment 416 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not apply to the acquisition or possession of weapons and ammunition, in accordance with national law, by the armed forces, the police, the or public authorities. Nor shall it apply to commercial transfers of weapons and ammunition of warregulated by Directive 2009/43/EC.
Amendment 420 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any firearm or partand essential component thereof placed on the market hasve been marked in a clear and indelible way and registered in compliance with this Directive without delay after manufacture or import into the Union. The Commission shall adopt technical specifications for the marking.
Amendment 451 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
For the purposes of identifying and tracing each assembled firearmfirearm and the essential components thereof, Member States shall, at the time of manufacture of each firearm or at the time of import into the Union, require a unique marking including the name of the manufacturer, the country or place of manufacture, the brand, the model, the calibre, the serial number and the year of manufacture, if not already part of the serial number. This shall be without prejudice to the affixing of the manufacturer's trademark.
Amendment 461 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The marking shall be affixed to the receiverall essential components of the firearm.
Amendment 486 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 1 – second sentence
Article 4 – paragraph 4 – subparagraph 1 – second sentence
This filing system shall record eachall information which is needed in order to trace and identify the firearm's type, make, model, calibre and serial number, as well as the names and addresses of the supplier and the person acquiring or possessing the firearm. The record of firearmsand all the essential components thereof, including the type, make, model, calibre and serial number, and any conversions or modifications to a firearm, including its certified deactivation or destruction and the date thereof, as well as the names and addresses of the supplier and the person acquiring or possessing the firearm and its essential components, including the dates of acquisition and end of possession or transfer to another person. The current records relating to each firearm and the person possessing it shall be immediately accessible to all authorised authorities. The record of firearms and of all the essential components thereof, including deactivated firearms, shall be maintained in an electronically retrievable format until destruction of the firearm has been certified by the competent authorities.
Amendment 495 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 2
Article 4 – paragraph 4 – subparagraph 2
Throughout their period of activity, dealers and brokers shall be required to maintain a register in which all firearms and all essential components thereof subject to this Directive and which are received or disposed of by them shall be recorded, together with such particulars as enable the firearm and all essential components thereof to be identified and traced, in particular the type, make, model, calibre and serial number thereof and the names and addresses of the persons supplying and acquiring it.
Amendment 499 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 4 (new)
Article 4 – paragraph 4 – subparagraph 4 (new)
Each Member State shall ensure that the registries of the dealers and brokers established in their territory are connected to the computerised data-filing system of firearms and all essential components thereof.
Amendment 503 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 91/477/EEC
Article 4b – paragraph 1 – introductory part
Article 4b – paragraph 1 – introductory part
1. Member States shall establish a system for the regulation of the activities of brokers and dealers. Such a system mayshall include one or more of the following measures:
Amendment 528 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) are not likely to be a danger to themselves or others, to public order or to public safety; having been convicted of a violent intentional crime shall be considered as indicative of such danger.
Amendment 544 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall establish rules on appropriate storage and supervision of firearms, essential components thereof and ammunition, including when under transport, ensuring a level of security proportionate to the risk of unauthorised access and to the nature and category of the firearms concerned. Such rules shall stipulate that: (a) firearms and ammunition are to be stored separately from each other; (b) the firearm, the essential components thereof and the ammunition are to be stored in a safe box when they are not in use; and (c) the person possessing the firearm, the essential components thereof and the ammunition must have control over them.
Amendment 555 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall provide for standard medical testsestablish a monitoring system, including medical checks of the physical, cognitive and psychological ability of the person concerned to possess a firearm, which may be carried out on a continuous or periodic basis, for issuing or renewing authorisations as referred to in paragraph 1 and shall withdraw authorisations if any of the conditions on the basis of which it wasthey were granted is no longer met.
Amendment 571 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Member States may not prohibit persons resident within their territory from possessing a weaponfirearm acquired in another Member State unless they prohibit the acquisition of the same weapontype of firearm within their own territory.
Amendment 577 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States shall prohibit payment in cash as regards the acquisition of firearms, essential components and ammunition.
Amendment 610 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Member States may authorise bodies concerned with the cultural and historical aspects of weapons and recognmuseums established as such by the Member State in whose territory they are establishedin their territories to keep in their possession firearms classified in category A acquired before [the date of entry into force of this Amending Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b), subject to strict conditions of storage.
Amendment 624 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
Member States may, by way of derogation, grant authorisations for the possession of firearms, essential components thereof and ammunitions from category A where this is necessary for national security, subject to strict conditions of storage.
Amendment 628 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3
Article 6 – paragraph 3
The acquisition of firearms and their parts and, of essential components thereof and of their ammunition concerning categories AB, BC and CD by means of distance communication, as defined in Article 2 of Directive 97/7/EC of the European Parliament and of the Council(*), shall be authorised, subject to strict control by the Member States, only with respect to: (a) dealers and brokers and shall be subject to the strict control of the Member States, or (b) other legal or natural persons, provided the delivery is done in person by means of a physical handover and under conditions allowing for verification by an authorised dealer or broker or by a public authority representative of the identity of the recipient and of his or her right to acquire the firearm, its essential components or its ammunition. (*) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 644 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
Member States shall regulate the acquisition of firearms classified in categories B and C in such a way that a period of one month must elapse between the date of the transaction and the date of delivery. During that period, the competent authorities shall verify that the transaction complies with the provisions of Article 5 and of this Article.
Amendment 647 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
Member States shall make the acquisition of firearms subject to the possession by the purchaser of an insurance policy covering any damage which they may cause.
Amendment 664 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 91/477/EEC
Article 7 – paragraph 4 – subparagraph 2 (new)
Article 7 – paragraph 4 – subparagraph 2 (new)
The maximum limits shall not exceed five yearsduration of an authorisation shall not exceed five years, unless Member States have implemented a system of continuous monitoring as referred to in the first subparagraph of Article 5(2). The authorisation may be renewed if the conditions on the basis of which it was granted are still fulfilled.
Amendment 681 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 7 a (new)
Article 1 – point 7 a (new)
Directive 91/477/EEC
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
(7a) In Article 10, the following paragraph is added: "Member States shall ensure that brokers and dealers: (a) refuse to enter into any transaction for the acquisition of firearms, essential components thereof or ammunition which they reasonably consider not to be in compliance with Articles 5 and 6, and (b) report any attempted such transaction to the competent authorities."
Amendment 695 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 91/477/EEC
Article 10 b – paragraph 1
Article 10 b – paragraph 1
Member States shall make arrangements for the deactivation of firearms to be verified by a competent authority in order to ensure that the modifications made to a firearm render it irreversibly inoperable. Member States shall, in the context of this verification, provide for the issuance of a certificate orand record attesting to the deactivation of the firearm orand the apposition of a clearly visible mark to that effect on the firearm.
Amendment 705 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The competent authorities of the Member States shall exchange information on theCommission shall establish and maintain a Union computerised data- exchange platform to be operational by [...]. The competent authorities of the Member States shall exchange information via that platform with regard to, inter alia: - their national legislation and practices, including their application of Articles 5 and 6; - authorisations granted for the transfers of firearms to another Member State as well as information with regard to refusals to grant authorisations as defined in Article 7. ; - refusals to grant an authorisation as provided for in Article 7; - the dealers and brokers authorised on their territories; - existing stocks on their territories; - firearms confiscated on their territories; and - natural or legal persons involved in the illicit trafficking of firearms.
Amendment 720 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 13a concerning the modalities of exchange of information on authorisations granted and on refusalsand functionalities of the Union computerised data-exchange platform referred to in paragraph 4 of this Article. The Commission shall adopt the first such delegated act by ... [insert date].
Amendment 729 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 91/477/EEC
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission shall submit every five years submit a report to the European Parliament and the Council on the application of this Directive and on the implementing acts on deactivation, accompanied, if appropriate, by proposals in particular as regards the categories of firearms of Annex I and the issues related to marking and to new technologies such as 3D printing and the utilisation of QR code. The first report shall be submitted by ... [two years after the date of entry into force of this Directive].
Amendment 768 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 7
Annex I – part II – point A – category A – point 7
7. Semi-automatic firearms for civilian use which resemble weapons with automatic mechanisms; with one or more of the following characteristics: (a) equipped or capable of being equipped with a firing capacity exceeding six rounds without reloading; (b) long, but capable of being reduced to a length of less than 60 cm without losing functionality, notably by means of a folding or telescoping stock or by a stock that can be removed without using tools; (c) possessing a rifled barrel firing projectiles the diameter of which exceeds 12.7 mm; (d) possessing a smooth barrel with a calibre in excess of 8; e) having a magazine with a capacity exceeding 10 rounds;
Amendment 787 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i a (new)
Article 1 – point 13 – point a – point i a (new)
Directive 91/477/EEC
Annex I – part II – point A – category B – point 4
Annex I – part II – point A – category B – point 4
(ia) in category B, point 4 is replaced by the following: "4. Semi-automatic long firearms whose magazine and chamber can together hold more than three but fewer than seven rounds."
Amendment 802 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point ii
Article 1 – point 13 – point a – point ii
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7
Annex I – part II – point A – category B – point 7
(ii) in category B, point 7 is deleted.replaced by the following: "7. Semi-automatic firearms for civilian use other than those listed under point 7 of category A."
Amendment 806 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point ii (new)
Article 1 – point 13 – point a – point ii (new)
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7 a (new)
Annex I – part II – point A – category B – point 7 a (new)
(iia) in category B, the following point is added: "7a. Firearms under points 1 to 7 after having been deactivated."
Amendment 824 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 6
Annex I – part II – point A – category C – point 6
6. Firearms under category B and points 1 to 5 of this category C, after having been deactivated.
Amendment 121 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 2
Article 3 – paragraph 4 – subparagraph 2
The Managing Director shall report every quarter on the activities of the EFSI to the Steering Board and make its report public.
Amendment 124 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 3
Article 3 – paragraph 4 – subparagraph 3
Amendment 127 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 1
Article 3 – paragraph 5 – subparagraph 1
The EFSI Agreement shall provide that the EFSI shall have an Investment Committee, which shall be responsible for examining potential operations in line with the EFSI investment policies and approving the support of the EU guarantee for operations in line with Article 5, irrespective of their geographic location. The Investment Committee shall be the competent body for approving the eligibility of investment platforms and national promotional banks and permitting them to use the designation of 'EFSI' or 'European Fund for Strategic Investments' as well as for ensuring continual compliance of such platforms with the conditions imposed on the use of EFSI funds.
Amendment 132 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 2
Article 3 – paragraph 5 – subparagraph 2
The Investment Committee shall be composed of sixthe Managing Director and a number of independent experts andsufficient to cover the Mranaging Directorge of potential projects eligible for investment under this Regulation. Independent experts shall have a high level of relevant market experience in project finance and. They shall ensure a multi- disciplinary approach and in particular include at least one expert in investment related to environmental objectives and one expert in investments in the social and solidarity economy and shall be fully independent of private sector interests. They shall be appointed by the Steering Board for a renewable fixed term of three years.
Amendment 139 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5a. The EFSI agreement shall provide for the creation of Civil Society Platform for Better Investment which shall mirror the structure of the Investment Committee. It shall be in charge of monitoring EFSI financing operations in particular regarding fulfilment with Article 1 and 5 of the Regulation and provide recommendations to the Investment Committee.
Amendment 181 #
2015/0009(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Managing Director shall reply orally or in writing to questions addressed to the EFSI by the European Parliament its competent committees or individual members, in any event within five weeks of receipt of a question.
Amendment 184 #
2015/0009(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. All projects financed under the EFSI will be covered under the policies and procedures of the EIB complaints mechanism and memorandum of understanding with the European Ombudsman.
Amendment 189 #
2015/0009(COD)
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. At the request of the European Parliament, the President of the EIB shall participate at a hearing of the European Parliament if it concerns EIB financing and investment operations under this Regulation. The President of the EIB shall, within five weeks of receipt, reply orally or in writing to questions addressed to the EIB by the European Parliament concerning EIB financing and investment operations under this Regulation
Amendment 190 #
2015/0009(COD)
Proposal for a regulation
Article 11 – paragraph 3 b (new)
Article 11 – paragraph 3 b (new)
3b. An agreement shall be concluded between the European Parliament and the EIB on the detailed arrangements for the exchange of information between the European Parliament and the EIB on financing and investment operations conducted by the EIB under this Regulation.
Amendment 4 #
2014/2257(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes the view that a conflict of interest might arise from the application of Article 4 of Regulation (EU) No 211/2011 given that the Commission, to which ECIs are submitted, is also the institution that verifies their admissibility; considers that the registration procedure should be amended so that the admissibility of ECIs is no longer verified by the Commission but by an independent public body;
Amendment 7 #
2014/2257(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that the Commission refused to register the Stop TTIP ECI on the grounds that it was not covered by the scope of Regulation (EU) No 211/2011; stresses, however, that a mandate for the negotiation of a trade agreement will in due course be reflected in EU law, and that a legal solution needs to be found to enable European citizens to have a real influence on the EU’s trade policy choices;
Amendment 8 #
2014/2257(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Considers that the scope of Regulation (EU) No 211/2011 should be clarified and extended; calls on the Commission to include in its future proposal amending Regulation (EU) No 211/2011 the option for European citizens to launch Citizens’ Initiatives with a view to bringing about Treaty amendments in accordance with Article 48 of the Treaty on European Union;
Amendment 19 #
2014/2257(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to undertake to propose a legislative act every time an ECI meets the conditions laid down in Article 2(1) and Article 7 of the Regulation; calls, where the Commission fails to submit a legislative proposal within 12 months, for Parliament’s relevant committee to launch an own- initiative report; calls on the European Parliament to modify its Rules of Procedure accordingly;
Amendment 29 #
2014/2257(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines its position that the automatic link between the registration of a Citizens’ Initiative and the starting date of the twelve-month period for the collection of statements of support should be removed, so that the organisers of Citizens’ Initiatives are encouraged to decide themselves when to initiate the collection of statements of support. proposes to increase the time span for collection of signatures to 18 months;
Amendment 34 #
2014/2257(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Notes that liability issues have arisen for the organisers of Citizens’ Initiatives owing to the fact that citizens’ committees lack legal personality and that this problem could only be solved by revising the regulation so as to give citizens’ committee legal personality;
Amendment 187 #
2014/2256(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges the necessity for authors and performers to be provided with legal protection for their creative and artistic work; recognises the role of producers and publishers in bringing works to the market, and the need for appropriate remuneration for all categories of rightholders; calls for improvements to the contractual position of authors and performers in relation to other rightholders and intermediaries;, as contractual exchanges are often marked by an imbalance of power between the parties leading to corporations retaining most of the resulting profit, for instance through right reversion that cannot be waived by contract and that give creators the possibility to retain the right to reclaim copyright interests they have transferred after a set number of years, providing them a second opportunity to negotiate a better return.
Amendment 288 #
2014/2256(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recalls that Member States have a positive obligation to provide for a robust and flexible system of copyright exceptions and limitations in order to honour their human rights obligations
Amendment 322 #
2014/2256(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Emphasizes that industry geoblocking practices should not prevent cultural minorities living in EU Member States from accessing existing contents or services in their language that are either free or paid for;
Amendment 345 #
2014/2256(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that the "three-step test" of international copyright law should serve to encourage the establishment of a solid and flexible system of exceptions and limitations;
Amendment 346 #
2014/2256(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Urges the European legislator to ensure that all citizens can enjoy at national level, judicial or administrative procedures enabling to request the implementation and expansion of exceptions and limitations to assure their constitutional and human rights;
Amendment 487 #
2014/2256(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses the need to ensure the swift ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, without making the ratification conditional to the revision of the EU legal framework on copyright, and then ensure that the copyright laws of Member States contain adequate exceptions to facilitate the availability of works in formats accessible to persons with visual impairments and other disabilities, such as deafness.
Amendment 507 #
2014/2256(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Requests the Commission to explore the various legal bases at EU level that are necessary to allow, as EU rule or in Member States, the legalization of non- commercial private sharing between individuals of digital works, which is a right of EU citizens that should not be jeopardized by copyright rules;
Amendment 536 #
2014/2256(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that the effective exercise of exceptions or limitations, and access to content that is not subject to copyright or related rights protection, should not be waived by contract or hindered by technological measures of protection or online contracts in the digital environment;
Amendment 461 #
2014/2248(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is greatly concerned by the lack of economic reformmmon fiscal and econvergenceomic policies in the Economic and Monetary Union (EMU) as well as the loss of competitiveness of the economies of many ofexacerbation of disparities between its Member States;
Amendment 477 #
2014/2248(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that neither the Stability and Growth Pact nor the ‘no bail-out’ clause (Article 125 TFEU) provide the intended solutions, and that they have furthermore lost credibility in their current form, as the pact has been infringed by several Member States without political or legal consequences, while Greece has been bailed out on a large scale on three occasions;
Amendment 504 #
2014/2248(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Acknowledges the improvementNotes the changes brought by the European Semester, the six- pack and the two-pack aimed at addressing these issues, but concludes that they have not solved the problems; believes, moreover, that they have contributed to making the system overly complex, are not bi since they include pro-cyclical and ing with regard to country-specific recommendations and do not cover spill- over effects between one Member State and another, or to the euro area or the EU as a wholeflexible rules on debt and deficit, which can be hardly achieved without aggravating an economic and social recovery;
Amendment 519 #
2014/2248(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is acutely aware of the need to review the efficacy of the many recent crisis-management measures taken by the EU, and to codify in primary law certain decision-making procedures – such as ‘reverse qualified majority voting’ – as well as the need to entrench the legal bases of the new regulatory framework for the financial sector; agrees with the Five Presidents’ Report that the ‘open method of coordination’ as the basis for Europe’s economic strategy does not function and needs to be elevated into binding legal acts;
Amendment 529 #
2014/2248(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 555 #
2014/2248(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believes that, in order to reduce the still excessively high debt burden of Member States, such a common debt instrument needs to be established, inspired by the proposal by the German Council of Economic Experts of 9 November 2011, whereby euro-area members would undertake joint and several liability for a sinking fund, with strong individual commitments on structural reforms to reduce the debt-to-GDP ratio to the required maximum of 60 %; insists that euro-area members would only be able to participate when they are in compliance with the convergence code, as this will prevent moral hazard;
Amendment 568 #
2014/2248(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 586 #
2014/2248(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for the integration of the Fiscal Compact into the EU legal framework as well as the incorporation of the ESM and the Single Resolution Fund into EU law, on the basis of a comprehensive assessment of its implementation and with corresponding democratic oversight by Parliament;
Amendment 608 #
2014/2248(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Is of the opinion that, in order to increase financial stability, mitigate cross- border asymmetric shocks and reduce the effects of recession, the euro area needs a fiscal capacity based on genuine own resources and a proper treasury facility equipped with a capacity to borrow; this treasury must be based in the Commission and be subject to democratic scrutiny and accountability through Parliament and the Council;
Amendment 622 #
2014/2248(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Points out that, because compliance with the new code is crucial to the functioning of the Economic and Monetary Union, stronger governmental institutions are required than those currently provided by the Commission and/or the Eurogroup;
Amendment 648 #
2014/2248(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 671 #
2014/2248(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Considers it necessary to endow the European Central Bank with the status of lender of last resort enjoying the full powers of a federal reserve bank and to transform the European Stability mechanism into a European monetary fund;
Amendment 742 #
2014/2248(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes that the Treaties provide ample means to set up a humane, well- functioning migration management system including a European Border and Coast Guard; believes, however, that the Treaties, particularly Article 79(5) TFEU, are too restrictive regarding other aspects of migration, especially on the establishment of a genuine European legal migration system; insists that democratic scrutiny by Parliament is needed on the implementation of border control, agreements with third countries including cooperation on readmission and return, asylum and migration policies, and that the safeguarding of national security cannot be used as a pretext to circumvent European action;
Amendment 759 #
2014/2248(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Considers it necessary, in view of the intensity of the terrorist threat, to upgrade the EU’s capacities in the fight against terrorism and international organised crime; stresses that, beyond strengthening coordination between the competent authorities and agencies in the Member States, Europol and Eurojust must receive genuine investigation and prosecution competences and capabilities, while being subject to stronger parliamentary scrutiny;
Amendment 798 #
2014/2248(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Stresses that for the Union to strengthen theits defence of the EU territory, as a pillar within NATO, which remains the cornerstone of the European security architecturepolicy, and to enable the Union to act autonomously in operations abroad, mainly with a view to stabilising its neighbourhoodin accordance with the principles of the United Nations Charter, the Treaties should provide for the possibility of establishing a European defence union;
Amendment 806 #
2014/2248(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Calls for the establishment of the Council of Defence Ministers format and the setting up of a permanent military EU Operational Headquarters for the effective implementation of the Petersberg Tasks and the abolishment of current ad hoc structures or structures which are dependent on the foreign policy of a lead Member State;[ATH1] urges not to merge military and civilian planning and conduct structures; [ATH1]This can be done in the framework of the current treaties, but it is definitely an evolution of the current institutional set up.
Amendment 812 #
2014/2248(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Believes, finally, that it is essential that the restrictions in Article 24(1) TEU on the authority of the European Court of Justice in the field of CFSP be removed; calls, in the same spirit, for Parliament to gain greater powers of scrutiny and accountability over CFSP by, inter-alia, including full co-decision powers over the budget and establishing the need to consult the Parliament to set out the objectives and analyse the risks prior to decisions on new CSDP missions and operations and on its strategic review;
Amendment 849 #
2014/2248(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Proposes transforming the Commission into the principlunique executive authority or government of the Union with the aim of strengthening the ‘Union method’, increasing transparency and improving the efficiency and effectiveness of action taken at the level of the European Union;
Amendment 857 #
2014/2248(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Reiterates its call for the size of the renewed Commission to be reduced substantially and for its vice-presidents to be reduced to two: the Finance Minister and the Foreign Minister; suggests that the same reduction be applied to the Court of Auditors; Considers that the composition of the Commission, the allocation of portfolios and the possible nomination of Vice-Presidents is a matter of political choice and should therefore not be enshrined in the primary law of the Union but rather depend on the decision of the President of the Commission elected and scrutinised by the Parliament;
Amendment 886 #
2014/2248(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Suggests, to this end, the creation of a constituency formed of the entire territory of the Union which shall be composed of a number of seats equivalent to those currently allocated to the United Kingdom;
Amendment 891 #
2014/2248(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Reiterates its commitment to initiating an ordinary treaty revision procedure under Article 48 TEU with a view to proposing the changes to Article 341 TEU and Protocol 6 necessary to allow Parliament to decide on the location of its seat and its internal organisation;
Amendment 901 #
2014/2248(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Reiterates its call for a single seat for the European Parliament; proposes that Parliament and the Council each decide the location of their own seat after having obtained the consent of the other; further proposes that the seats of all the other EU institutions, agencies and bodies be determined by Parliament and the Council on a proposal by the European executive, acting in accordance with a special legislative procedure;
Amendment 956 #
2014/2248(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Proposes that, when Parliament and the Council vote on legislation specific to the euro area, only MEPs elected in the euro area and respectively representatives of its member states, can take part in the vote;
Amendment 1031 #
2014/2248(INI)
Motion for a resolution
Paragraph 53 a (new)
Paragraph 53 a (new)
53a. Underlines that primary law of the EU should be strictly limited to institutional provisions and should not deal with the content of policies; therefore parts three and five TFEU should no longer be integrated into the Treaties but rather be governed by framework laws;
Amendment 1032 #
2014/2248(INI)
Motion for a resolution
Paragraph 53 b (new)
Paragraph 53 b (new)
53b. Insists that the future Convention should have the greatest possible democratic legitimacy by also involving social partners, civil society and other stakeholders; reach its decisions in plenum according to full democratic rules; have adequate time for serious and thorough deliberation; operate with full transparency and have all its meetings open to the public;
Amendment 1 #
2014/2228(INI)
Draft opinion
Citation (new)
Citation (new)
– Having regard to the case-law of the Court of Justice of the European Union (CJEU), in particular Case C-350/121 and Opinions 2/132 and 1/093;
Amendment 3 #
2014/2228(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 3 #
2014/2228(INI)
Draft opinion
Recital A - Point a (new)
Recital A - Point a (new)
Aa. whereas in its Opinion 1/09 the CJEU stated that the creation of dispute- resolution mechanisms outside of the European Union’s institutional and judicial framework which would deprive courts of Member States of their powers in relation to the interpretation and application of European Union law and the Court of its powers to reply, by preliminary ruling, to questions referred by those courts and would alter the essential character of the powers which the Treaties confer on the institutions of the European Union and on the Member States and which are indispensable to the preservation of the very nature of European Union law, and would thus be incompatible with the Treaties;
Amendment 4 #
2014/2228(INI)
Draft opinion
Recital A - Point b (new)
Recital A - Point b (new)
Ab. whereas in its Opinion 2/13 the CJEU stated that the competence of the EU in the field of international relations and its capacity to conclude international agreements necessarily entail the power to submit to the decisions of a court which is created or designated by such agreements as regards the interpretation and application of their provisions; whereas the Court nevertheless also declared that an international agreement may affect its own powers only if the indispensable conditions for safeguarding the essential character of those powers are satisfied and, consequently, there is no adverse effect on the autonomy of the EU legal order.
Amendment 5 #
2014/2228(INI)
Draft opinion
Recital A
Recital A
A. whereas investment protection provisions and investor state dispute settlement are an essential tool in international economic relations and are very important for investment activity, and whereas a balanced relationship between the necessary and effective protection of investors, the right of States to regulate and an appropriate dispute settlement procedure is fundamental;
Amendment 5 #
2014/2228(INI)
Draft opinion
Recital A - Point c (new)
Recital A - Point c (new)
Ac. whereas on 10 September 2014 the Commission refused to register the CEI Stop TTIP, considering it to fall outside the framework of the Commission's powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties; whereas a ‘Stop TTIP’ initiative has since been launched outside of the procedure laid down in Regulation 211/2011 and has already gathered more than one million signatures;
Amendment 8 #
2014/2228(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas President Juncker has clearly stated in his Political Guidelines that he will not accept that the jurisdiction of courts in the Member States is limited by special regimes for investor disputes; whereas now that the results of the public consultation on investment protection and ISDS in the TTIP are available, a reflection process – taking account of the mostly very critical and constructive contributions – is needed within and between the three European institutions on the best way to achieve investment protection and equal treatment of investors without the use of the ISDS mechanism;
Amendment 10 #
2014/2228(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas serious doubts exist regarding the compatibility of the planned ISDS provisions with the principles of autonomy, unity and effectiveness of EU as they have been interpreted by the Court of Justice;
Amendment 11 #
2014/2228(INI)
Draft opinion
Paragraph 1. - Point (d) - Subpoint (i.)
Paragraph 1. - Point (d) - Subpoint (i.)
i.) to specify the role and the legal quality of the Regulatory Cooperation Council’s findings, taking into consideration that any direct application of its recommendations for the relevant EU instances would imply a breach of the law-making procedures laid down in the Treaties; and of the subsidiarity principle in case of any direct application of its recommendations for the national and local authorities of the Member States;
Amendment 12 #
2014/2228(INI)
Draft opinion
Recital B
Recital B
Amendment 17 #
2014/2228(INI)
Draft opinion
Paragraph 1.- Point(d) - Subpoint (ii.)
Paragraph 1.- Point(d) - Subpoint (ii.)
ii.) while the investor-state dispute settlement (ISDS) is an appropriate tool to protect investors and assure that investments are treated in a fair and non- discriminatory way, to oversee that it does not undermine the capacity of European, national and local authorities to legislate their own policies, in particular social and environmental policies, and therefore respect the constitutional framework of the Member Statesnot to support the inclusion of any kind of investor-state dispute settlement (ISDS), and thus maintain the EU’s institutional and juridical framework; to work towards producing a permanent solution for resolving disputes between investors and states under trade agreements, for example the creation of a permanent multilateral court;
Amendment 20 #
2014/2228(INI)
Draft opinion
Recital C
Recital C
Amendment 25 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point a
Paragraph 1 – point a
Amendment 29 #
2014/2228(INI)
Draft opinion
Paragraph 1. - Point (d) - Subpoint (ii.) c (new)
Paragraph 1. - Point (d) - Subpoint (ii.) c (new)
ii.)c to refer the matter to the CJEU for its opinion on the compatibility of the TTIP with Union law before submitting it for approval pursuant to Article 218(11) TFEU;
Amendment 33 #
2014/2228(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is convinced, however, that TTIP should not only cut down barriers but also aim at promoting European high levels of consumer protection; observesensure that TTIP does not ultimately reduce the high levels of protection enjoyed by consumers in Europe and the United States or call into question the ability of the public authorities on both sides of the Atlantic to adopt or modify the rules which govern the marketing of products or the provision of services, public procurement and the protection and development of public services; given that in most sectors EU and US standards and regulatory environments ensure this high level; considers, ensure, therefore, that any approximatingon of our regulations represents a unique chance to establishdoes not come at the expense of high-quality standards and laws for consumers which will bcould become the de facto international standards;
Amendment 34 #
2014/2228(INI)
Draft opinion
Article 1. - Point (e) - Subpoint (iii.)
Article 1. - Point (e) - Subpoint (iii.)
iii.) while a certain extent of confidentiality is necessary for effectiveadmissible during negotiations on a trade agreement of such high economic and political importance, to continue its effort to render TTIP negotiations more transparent and accessible to the public, as European institutions should be at the forefront of promoting transparency;
Amendment 36 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point b
Paragraph 1 – point b
Amendment 38 #
2014/2228(INI)
Draft opinion
Article 1.- Point (e) - Subpoint (iii.) b (new)
Article 1.- Point (e) - Subpoint (iii.) b (new)
iii.)b to inform the European Parliament immediately and fully of all steps in the procedure, in accordance with CJEU judgment in Case C-358/11; to ensure all MEPs have access to all restricted documents and include the consolidated texts in the list of documents consultable by MEPs;
Amendment 43 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point b a (new)
Paragraph 1 – point b a (new)
ba. Observes that to ensure that foreign investors are treated in a non- discriminatory fashion and have a fair opportunity to seek and achieve redress of grievances can be achieved without the inclusion in TTIP of investment protection standards and an ISDS mechanism; is of the firm opinion that a possible TTIP agreement should not contain any investment protection standards and ISDS mechanism as the given level of investment protection in the EU and the US is fully sufficient to guarantee legal security;
Amendment 45 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point c
Paragraph 1 – point c
Amendment 52 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point c a (new)
Paragraph 1 – point c a (new)
ca. Calls on to Commission to oppose the inclusion of an ISDS mechanism in TTIP given the EU's and the United States' developed legal systems and that a state- to-state dispute settlement system, and the use of national legal and judicial systems are the most appropriate tools to address investment disputes;
Amendment 52 #
2014/2228(INI)
Draft opinion
Paragraph 1.- Point (e) -subpoint (vi.) -e- (new)
Paragraph 1.- Point (e) -subpoint (vi.) -e- (new)
vi)e – to engage in political dialogue on the TTIP with EU citizens, in particular by treating the Stop TTIP initiative as an official CEI, i.e. by receiving the organisers at an appropriate level, publishing its political and legal conclusions on the subject and working with the European Parliament to ensure that a public hearing is arranged;
Amendment 55 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point d
Paragraph 1 – point d
d. Calls on the Commission, in this context, to take account of and to supplement, firstly, the constructive contributions made by the public consultation on TTIP, and, secondly, the dispute settlement mechanisms incorporated in CETA, in order to establish clear structures, impartial procedures, a lawful pool of judges selected by States and a code of conduct for judges, to increase the transparency and legitimacy of such dispute settlement procedures, to limit the scope for legal action in order to prevent forum shopping, to maintain the democratic legitimacy of national and European legislatures for amendments to legislation with defined standards and levels and to assess the feasibility of establishing a permanent court and a multilateral appeal system in TTIPnot to support the inclusion of any kind of investor-state dispute settlement (ISDS), and thus maintain the EU's institutional and judicial framework; to work towards producing a permanent solution for resolving disputes between investors and states under trade agreements, for example through the creation of a permanent multilateral court of judges;
Amendment 64 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point e
Paragraph 1 – point e
Amendment 65 #
2014/2228(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Insists, while respecting the freedom of governments to protect public services,safeguard the freedom of governments to protect and develop public services, to define their scope, to organise and fund them as they see fit, and to choose and change the method of provision and the ownership arrangements, in keeping with the subsidiarity principle; as regards the sectors explicitly included in the scope of the agreement, ensure that EU service providers must have full market access to liberalised services in the US, under transparent rules, set by the authorities in the place of provision, at both federal and sub-federal levels;
Amendment 70 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point e a (new)
Paragraph 1 – point e a (new)
ea. Calls on the Commission to refer the matter to the CJEU for its opinion on the compatibility of the TTIP Agreement and more specifically on the investor-state dispute settlement (ISDS) with Union law, before submitting it for approval pursuant to Article 218(11) TFEU;
Amendment 71 #
2014/2228(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. given the importance, for local and regional authorities in particular, of maintaining high-quality public services, seek a global exemption from the scope of the TTIP for all public services and urge the two Parties to give a clear undertaking to that effect in a joint declaration;
Amendment 75 #
2014/2228(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. ensure that the exemption for public services is not confined to sovereign tasks, such as public security, but covers all services of general interest which receive any form of public support, in particular social services, health, education, culture and postal services;
Amendment 75 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point f
Paragraph 1 – point f
f. Calls on the Commission to ensure that in the future dispute settlement mechanism in TTIP it is guaranteed that decisions on individual cases will not replace the national law of the contracting parties which is in force or render it ineffective, and that amendments by future legislation – provided that they are not made retroactive – cannot be contested under such a dispute settlement mechanismany TTIP provisions;
Amendment 77 #
2014/2228(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. urge that all sectors excluded from the scope of the EU Services Directive, in particular health, social and audiovisual services, should also be excluded from the scope of the TTIP negotiations;
Amendment 79 #
2014/2228(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. ensure that all water-related services (production, distribution and treatment) are excluded from the scope of the TTIP;
Amendment 80 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point g
Paragraph 1 – point g
g. Calls on the Commission to ensure that clearly defined rules on regulatory coherence are comprehensively incorporated in TTIP and that the regulatory cooperation chapter applies only to clearly specified sectoral areas and that Parliament´s role within the EU`s decision-making process and its democratic scrutiny over EU regulatory processes is fully respected;
Amendment 81 #
2014/2228(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. as regards purely commercial services, ensure that the negotiations are based on a positive list of sectors which are included, rather than a negative list, and ensure that it is possible at any time for the public authorities to re-establish public control over liberalised sectors;
Amendment 83 #
2014/2228(INI)
Draft opinion
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. ensure that the TTIP does not call into question the principle of ‘economic needs tests’, which are useful regulatory tools for the public authorities in some sectors;
Amendment 88 #
2014/2228(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for mutual recognition of professional qualifications between the Parties and for the abolitionEnsure that any progress made between the Parties as regards mutual recognition of professional qualifications in no way undermines the ability of the public authorities of a work permit requirements for high-skilled workers in sectors covered by TTIP, so as to create maximum mobility of professionals between the EU and the USer’s country of residence to lay down rules and procedures in this area, so as to encourage mobility of professionals between the EU and the US without compromising the application of the general interest rules laid down by the competent authorities;
Amendment 93 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i
Paragraph 1 – point i
i. Notes that TTIP gives contracting parties the option of increasing protection of ito ensure that the Intellectual pProperty, including in relation to third States. Rights (IPR) chapter of TTIP includes provisions only for precisely and clearly defined areas of IPR where a common minimal denominator can be identified, while continuing to confirm the existing flexibilities in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), notably in the area of public health;
Amendment 104 #
2014/2228(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Commission to ensure that European companies, including SMEs,Ensure that the new European rules adopted when the public procurement directives were revised are safeguarded and promoted in the negotiations, in particular as regards SMU access to public procurement, the use of award criteria based on value for money, not the lowest prices, the setting-aside of contracts for social economy operators, the possibility for contracting authorities to cooperate as inter-municipal associations and the thresholds below which public procurement is not subject to European or international rules; guarantee that European companies are not discriminated against when tendering for public contracts on the US market at all government levels, and to ensureenjoy transparent access at a level equal to or higher than that applying to US companies today in Europe under the new EU procurement rules;
Amendment 111 #
2014/2228(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. enforce the right of contracting authorities, when awarding public procurement contracts, to give preference to local suppliers, with a view to minimising the impact on the environment;
Amendment 118 #
2014/2228(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. ensure that public-private partnerships are excluded from the scope of the negotiations, given their importance for the public authorities as a tool, in particular in the area of local development;
Amendment 122 #
2014/2228(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. ensure that concession contracts are excluded from the scope of the negotiations, given their importance for the public authorities as a tool, by virtue of the long periods for which they are generally concluded;
Amendment 125 #
2014/2228(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that, while safeguardTo maintaing the protection achieved by EU standards and regulations, TTIP should go beyond the WTO Technical Barriers to Trade Agreement, in areas such a and the possibility for the EU legislator, in accordance with the principle of democratic accountability, to continue to adopt and improve these standards and regulations as it sees fit, especially in the areas of the environment, social matters, health, safety, consumer protection and cultural diversity, and in particular as regards conformity assessment, product requirements, or standards, as well as providing for transparency in the preparation and availability of technical regulations;
Amendment 137 #
2014/2228(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for the setting-up of an ambitious and effectiveTo ensure that cooperation mechanism aimed at creating common standards where possible in existing procedures, and to ensure that there is no unintended divergence in future standards in key sectors; believes that EU-US common standards should be promotedin key sectors covered by TTIP does not lead to the setting-up of a mechanism which undermines the right of the competent authorities to regulate; to promote stringent quality, safety and consumer protection standards which, wherever possible, are common to the EU and the US, in all international forums;
Amendment 148 #
2014/2228(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. To safeguard the role of the European Parliament in the EU legislative process, including as regards impact assessments and delegated and implementing acts, and its right to verify implementation of such legislation;
Amendment 155 #
2014/2228(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. ETo emphasises that internationally agreed standards, where existing and up-to-date, should be adopted by the US and the EU, for example in the electronic devices sector, and that they must be consistent with the Charter of Fundamental Rights of the European Union;
Amendment 159 #
2014/2228(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. To reject the ISDS dispute settlement mechanism in that it would in fact lead to justice being privatised and would undermine the right of the competent authorities to regulate by exposing them to the threat of legal proceedings by private investors; to reject ISDS in particular in the light of the threat it would pose to the legal certainty of public procurement contracts in the EU;
Amendment 165 #
2014/2228(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. RecallsTo ensure, in view of the aim to continue to guarantee a high level of product safety within the Union; considers, that TTIP shoulddoes not question this requirement, but should eliminate unnecessary dupli and that testing and market surveillance measures are based on the precaution of testing that causesary principle, that they are necessary and that they do not lead to a waste of resources, in particular on low-risk products; demandsto call for the recognition by the US of self- declaration of conformity on products, where allowed by EU law;
Amendment 171 #
2014/2228(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. SupportsTo see to it that in the establishment of a mandatory structural dialogue and cooperation between regulators, in complete respect of regulatory autonomy, in particular in the engineering sector, comprising electrical and mechanical machinery, appliances and equipment;cluding on technical procedures linked to delegated and implementing acts in the sectors TTIP covers, regulatory autonomy is fully upheld, something which may be achieved through exchanges between the competent authorities when the regulations are drawn up; to make sturesses, however, that this should involve early warning mechanisms and exchanges at the time of preparation of regulations; believes that regulatory divergencooperation does not increase the administrative burden on EU and Member State institutions by adding unnecessary procedures or structures, that it does not slow down the legislative process arend the central non-tariff barrier (NTB) to trade, andat it does not create a risk of regulatory standstill; to make sure that regulators should exploretudy ways to promote compatibility, such as mutual recognition, harmonisation or alignment upwards of requirements, as regulatory divergences, when they do not reflect public interest explicitly set by the competent authorities, may be a non-tariff barrier (NTB) to trade;
Amendment 184 #
2014/2228(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Considers that the recognition of equivalence of the greatest possible number of vehicle safety regulations would be one of the most important achievements of TTIP; stresses that this will require verifying that the EU and US regulations provide for a similar level of protection; believes that this mustTo verify that EU and US regulations provide for equivalent levels of protection, as harmonisation or convergence upwards of the greatest possible number of vehicle safety regulations would be one of the most important achievements of TTIP, and this would be a step towards full regulatory convergence for the sector; urgesto advocate the strengthening of EU-US cooperation in the framework of the United Nations Economic Commission for Europe (UNECE), especially regarding new technologies;
Amendment 191 #
2014/2228(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. StressesGiven that SMEs are disproportionately affected by NTBs, which TTIP must seek to reduce or eliminate completely;, to urges that a coherent framework be established to allow SMEs to raise NTB issues with the appropriate authorities;
Amendment 198 #
2014/2228(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. ExpectsTo ensure that the agreement to makes it easier for SMEs to participate in transatlantic trade and reduce costs by modernising, digitising, simplifying and streamlining procedures, and by raising the de minimis threshold for customs duties and non-randomised controls;
Amendment 203 #
2014/2228(INI)
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. To make sure that the question of intellectual property rights, including copyright, trademarks and patents, is not included in the negotiations, as neither the Member States nor the EU have adopted comprehensive harmonisation measures for these matters;
Amendment 205 #
2014/2228(INI)
Draft opinion
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. To make sure that data protection is not included in the negotiations, so as to abide by Articles 7 and 8 of the Charter of Fundamental Rights of the European Union;
Amendment 206 #
2014/2228(INI)
Draft opinion
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. To make sure that measures on encryption are not included in the negotiations, so that the European Union’s high standards can be updated and constantly improved;
Amendment 212 #
2014/2228(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. ConsidersTo make sure that the EU and the US need to establish common rules to define the origin of products, and ensuring that such rules should bare clear and, easily applicable and shoul, support fair trade and consider current and future trends in production.
Amendment 33 #
2014/2153(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the importance of Member States allocating adequate resources for the market surveillance of the energy efficiency of products, so as to ensure a level playing field for the industry while providing consumers with the best information and the right tools they need to make informed choices, to find out how much energy they use, and to reduce their energy consumption;
Amendment 47 #
2014/2153(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls the importance of setting ambitious goals for energy efficiency that involve reducing EU dependence on imported energy while augmenting jobs and growthpeeding up the implementation of measures geared towards achieving the energy efficiency target set for 2020, and takes the view that energy efficiency – in particular by means of insulating buildings and providing tax incentives – is an effective way of guaranteeing the energy independence of the EU whilst ensuring sustainable growth, developing training, creating jobs that are not vulnerable to relocation, and enhancing the economic wellbeing of businesses, especially SMEs and SMIs;
Amendment 56 #
2014/2153(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for stronger attention to be paid to the emerging market for energy services (including energy performance contracting and energy service agreements); stresses the importance of developing standards for each element of the energy efficiency investment process; emphasises that the development of renewables would have a positive environmental and economic impact, whilst also guaranteeing the energy independence of the EU; emphasises the need for the active participation of the general public and of local stakeholders in energy management and production;
Amendment 68 #
2014/2153(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Commission and the Agency for the Cooperation of Energy Regulators (ACER) to place more emphasis on combating the problem of transmission curtailments at national borders; maintains that a well-functioning internal energy market requires both the significant development of infrastructure and the rigorous enforcement of existing capacity allocation rules; calls for efforts to be stepped up with a view to improving cross- border interconnection and developing smart grids;
Amendment 5 #
2014/2145(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes the view that it is absolutely vital for the democratic legitimacy of EMU to be improved substantially within the EU’s institutional framework and in line with the Community method; calls therefore to integrate, as soon as possible, the ESM within the community acquis and, after a comprehensive assessment of its implementation, the relevant provisions of the TSCG into the legal framework of the European Union within five years at the latest; reiterates its conviction that the conclusion of international agreements outside the EU legal framework jeopardises its unity as well as its consistency and effectiveness, does not provide for genuine parliamentary scrutiny, hence shall be avoided;
Amendment 6 #
2014/2145(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines that the Eurogroup and the Eurosummit are, respectively, informal configurations of the Economic and Financial Affairs Council and of the European Council, that they anyway took major decisions in the field of the EMU and that those decisions suffer therefore from a lack of democratic legitimacy;
Amendment 8 #
2014/2145(INI)
Draft opinion
Recital A
Recital A
A. whereas the improvement of the economic governance framework should be based on a set of interconnected and mutually consistent policies that foster growth and employment instead of focusing solely on deficit reduction, and whereas the full development of the Single Market is a prerequisite for this to happen;
Amendment 8 #
2014/2145(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the European Commission, as one of the European institutions involved in defining, deciding and monitoring the compliance of national governments' economic adjustment programmes with the MoU, to regularly report to the European Parliament on the relevant decisions taken when it acts as member of the Troika;
Amendment 21 #
2014/2145(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers the economic governance framework to be a key political initiative that underpins the foundations ofEmphasises the need to properly articulate the economic governance framework with the Europe 2020 goals and flagship initiatives which are aimed at fully exploiting the Single Market’s untapped growth potential; underlines the fact that the economic crisis has clearly shown the importance of strengthening the EU’s innovation potential by facilitating market access and mobility and, combating Single Market fragmentation across the Union and boosting investments in the real economy, particularly in sectors that contribute to sustainable development, resource efficiency and energy transition;
Amendment 22 #
2014/2145(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the setting-up of the Interparliamentary Conference on Economic and Financial Governance of the European Union; underscores, nevertheless, its limits when it comes to encouraging accountability on the part of decision-makers; points out that responsi and calls for a clarification of its role and competences, even though such cooperation must not lead to the establishment of a new joint parliamentary body; Stresses that proper legitimacy and accountabilitiesy must be asensumred at the appropriatenational and EU level, wi by the national parliaments scrutinising national governments and the European Parliament scrutinising the European executive, and that such cooperation must not lead to the establishment of a new joint parliamentary bodand the European Parliament respectively;
Amendment 27 #
2014/2145(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the review of the framework’s effectiveness, with a view to assessing the effective and uniform application of governance rules by the Commission, the Council and the Member States; considers however that putting debt levels on a sustainable track cannot be achieved through massive budgetary cuts in basic welfare systems, which has dramatic social consequences and is damaging the European recovery; underlines therefore the need for a more balanced approach between the short- term objective of cutting deficits and long- term policies; believes that this review should also inspire a re-evaluation of the Single Market governance framework and explore possible synergy effects between the two processes;
Amendment 30 #
2014/2145(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Reiterates its call for the procedures to provide for the appropriate involvement of the European Parliament in the economic governance cycle, paving the way for the adoption, by Parliament and the Council, of the measures necessary to strengthen Single Market governance, and in particular those which address the areas in which the Union’s regulatory framework has been established in accordance with the ordinary legislative procedure laid down in Article 294 of the Treaty on the Functioning of the European Union; asks for a revision of the economic governance legal framework in order to better take into consideration the need to boost investments in the real economy;
Amendment 33 #
2014/2145(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the view that it is vital to distinguish between countries’ operating expenditure and their productsustainable and inclusive investments, and that it is for the Commission, with the help of Eurostat, to lay down, in advance, strict eligibility criteria that allow for more favourable treatment of productsustainable and inclusive investments that guarantee the viability of public finances in the long term, in accordance with Article 126(3) of the Treaty on the Functioning of the European Union (TFEU);
Amendment 40 #
2014/2145(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Takes the view that a minmajor changes to the Treaties, i.e.ncluding the delecreation of Article 126(10) TFEU, would make it possible for the Court of Justice to penalise infringements, as befits a community based on the rule of law.a European Monetary Fund and Eurobonds, will ultimately be necessary to implement a genuine, efficient and democratic EMU, required for the economic and social needs of the 21st century;
Amendment 44 #
2014/2145(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Insists that the evaluation of the state of the Single Market should be made an integral part of the economic governance framework, laying the foundation for an annual Single Market cycle by reinforcing a pillar dedicated to the Single Market within the European Semester; underlines that the full implementation of the revised public procurement directives, particularly its rules on award criteria, can help public authorities to better spend public resources and avoid in the long run unnecessary environmental and social costs, and thereby positively affect the stability of public finances;
Amendment 51 #
2014/2145(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recalls that good economic governance and the impact thereof can be effective only if all stakeholders are involved, including social partners, consumer and social and environmental NGOs; invites the Commission and the Member States to secure the democratic principle of civil dialogue through the structured involvement of relevant stakeholders in economic governance, and in particular in the European Semester process.
Amendment 11 #
2014/2059(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the shift in the 2014 country- specific recommendations to strengthening growth and employment, but calls for more determined efforts to guide and coordinate national and EU policies so as to complete the Single Market and reap its potential to boost growth and create jobssmart, sustainable and inclusive growth, employment and social cohesion;
Amendment 33 #
2014/2059(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that a strong injection of EU funding is fundamental in order to stimulate the real economy, green the economy and to foster recovery in all Member States; supports the Commission’s recommendation to give priority to public investment in infrastructure, research, innovation and human capital;
Amendment 175 #
2014/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Member States shall ensure that there shall be no entitlement to the application for the measures, procedures and remedies provided for in this Directive whThe acquisition, use and disclosure of trade secrets Member States shall be considered lawful to the extent theat alleged acquisition, use or disclosure of the trade secret was carried out in any of the following cases:
Amendment 181 #
2014/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) for making legitimate use of the right to freedom of expression and, media freedom and freedom of information;
Amendment 193 #
2014/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) for the purpose of revealing an applicant’s misconduct, fraud, wrongdoing or, illegal activity, provided that the alleged acquisition, use or disclosure of the trade secret was necessary for such revelation and that the respondent acted in the public interest;
Amendment 197 #
2014/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b a (new)
Article 4 – paragraph 2 – point b a (new)
(ba) decompilation, reverse engineering and performing acts necessary to observe, study or test the functioning of computer programs permitted by Directive 2009/24/EC of the European Parliament and of the Council1a; ______________ 1aDirective2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs (OJ L 111, 5.5.2009, p. 16).
Amendment 203 #
2014/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the trade secret was disclosed by workers to their representatives as part of the legitimate exercise of their representative functionsin accordance with national and Union law;
Amendment 209 #
2014/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(ca) when fulfilling the terms of the employment contract of workers;
Amendment 220 #
2014/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point e a (new)
Article 4 – paragraph 2 – point e a (new)
(ea) for the purpose of protecting the public order and the general interest, including health and environment as well human, animal or plant life.
Amendment 222 #
2014/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point e b (new)
Article 4 – paragraph 2 – point e b (new)
(eb) the trade secret is requested and/or disclosed by a public institution according to their mandate, as required or allowed by national laws or Union regulations.
Amendment 223 #
2014/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point e c (new)
Article 4 – paragraph 2 – point e c (new)
(ec) The requirement or authorization by Article 4(4)(d) of the United Nations Aarhus Convention, Article 6(1) of Regulation (EC) 1367/2006 and Article 4(1) of Directive 2003/4/EC which require the disclosure of information on emissions relevant to the protection of the environment even in case of confidential commercial and industrial information.
Amendment 224 #
2014/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point e d (new)
Article 4 – paragraph 2 – point e d (new)
(ed) the requirement or authorization by Article 5(8) of the United Nations Aarhus Convention which requires sufficient product information to be made available to the public in a manner which enables consumers to make informed environmental choices;
Amendment 225 #
2014/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point e e (new)
Article 4 – paragraph 2 – point e e (new)
(ee) for the purpose of addressing security vulnerabilities of information systems.
Amendment 230 #
2014/0402(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) is proportionate to the actual economic harm for the holder of the trade secret due to the alleged unlawful access, disclosure or use of it;
Amendment 232 #
2014/0402(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) avoids the creation of barriers to legitimate trade, competition and worker mobility in the internal market.
Amendment 233 #
2014/0402(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) provides for safeguards against their abuse. and ensures that when defendants are wrongfully accused of unlawful action, they receive compensation for any suffered harm due to unfounded action;
Amendment 234 #
2014/0402(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) the proof that the trade secret was unlawfully acquired and that none of the exceptions mentioned in Article 4 of this Directive applies shall be borne by the person lawfully in control of the trade secret.
Amendment 239 #
2014/0402(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1 – introductory part
Article 6 – paragraph 2 – subparagraph 1 – introductory part
Member States shall ensure that where competent judicial authorities determine that a claim concerning the unlawful acquisition, disclosure or use of a trade secret is manifestly unfounded and the applicant is found to have initiated the legal proceedings in bad faith with the purpose of unfairly delaying or restricting the respondent’'s access to the market or otherwise intimidating or harassing the respondent, or to prevent the disclosure of information of public interest, such competent judicial authorities shall be entitled to take the following measures:
Amendment 240 #
2014/0402(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1 – point a a (new)
Article 6 – paragraph 2 – subparagraph 1 – point a a (new)
(aa) ensure proportionate compensation for the economic damages and losses incurred if any, as well as for the potential moral prejudice caused to the alleged unlawful accessor, acquirer or user of trade secrets;
Amendment 254 #
2014/0402(COD)
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
In the case of legal action against former employers and employees, the limitation period should not exceed one year in order not to affect or prevent employee mobility.
Amendment 261 #
2014/0402(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Member States shall ensure that the parties, their legal representatives, court officials, witnesses, experts and any other person participating in the legal proceedings relating to the unlawful acquisition, use or disclosure of a trade secret, or who has access to documents which form part of those legal proceedings, shall not be permitted to use or disclose any trade secret or alleged trade secret of which they have become aware as a result of such participation or access, provided that the concerned trade secret has been identified and that the relevant information has been proved as being confidential by the competent judicial authority after consultation of both parties.
Amendment 275 #
2014/0402(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 – point a
Article 8 – paragraph 2 – subparagraph 2 – point a
(a) to restrict access to any document containing trade secrets submitted by the parties or third parties, in whole or in part, provided that both parties involved or their representative have access to them;
Amendment 280 #
2014/0402(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 – point c
Article 8 – paragraph 2 – subparagraph 2 – point c
(c) to make publicly available a non- confidential version of any judicial decision, in which the passages containing information defined as trade secrets have been removdacted.
Amendment 282 #
2014/0402(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 3
Article 8 – paragraph 2 – subparagraph 3
Amendment 286 #
2014/0402(COD)
Proposal for a directive
Article 9
Article 9
Amendment 297 #
2014/0402(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that the competent judicial authorities have, in respect of the measures referred to in Article 9, the authority to require the applicant to provide evidence that may reasonably be considered available in order to satisfy themselves thatthe matter involved qualifies as a trade secret exists, that the applicant is the legitimate trade secret holder and that the trade secret has been acquired unlawfully, that the trade secret is being unlawfully used or disclosed, or that an unlawful acquisition, use or disclosure of the trade secret is imminent.
Amendment 302 #
2014/0402(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 305 #
2014/0402(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 307 #
2014/0402(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 312 #
2014/0402(COD)
Proposal for a directive
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) a declaration of infringementunlawful acquisition, disclosure or use;
Amendment 313 #
2014/0402(COD)
Proposal for a directive
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
(c) depriving the infringingunlawful goods of their infringing quality quality that derived from the use of the trade secret;
Amendment 326 #
2014/0402(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that the competent judicial authorities, on the application of the injured party, order the infringerperson who has unlawfully acquired, disclosed or use a trade secret, who knew or ought to have known that he or she was engaging in unlawful acquisition, disclosure or use of a trade secret, to pay the trade secret holder damages commensurate to the actual prejudice suffered as a result of the unlawful acquisition, disclosure or use of the trade secret.
Amendment 328 #
2014/0402(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. In accordance with their national law and practice, Member States may restrict the liability for damages of employees towards their employers for the unlawful acquisition, disclosure or use of a trade secret of the employer. This option also applies when unlawful acquisition, disclosure and use of trade secrets occurs after the employment of an employee has terminated.
Amendment 84 #
2014/0121(COD)
Proposal for a directive
Title
Title
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2007/36/EC as regards the encouragement of long-term shareholder engagement andin listed companies, large companies and large groups, Directive 2013/34/EU as regards certain elements of the corporate governance statement and Directive 2004/109/EC (Text with EEA relevance)
Amendment 85 #
2014/0121(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Directive 2007/36/EC of the European Parliament and of the Council15 establishes requirements in relation to the exercise of certain shareholder rights attaching to voting shares in relation to general meetings of companies which have their registered office in a Member State and whose shares are admitted to trading on a regulated market situated or operating within a Member State. This Directive should also cover large companies and large groups, as defined in Directive 2013/34/EU of the European Parliament and of the Council15a, which do not have shares admitted to trading on a regulated market, given that they also do business which has a major impact. __________________ 15Directive 2007/36/EC of the European Parliament and of the Council of 11 July 2007 on the exercise of certain rights of shareholders in listed companies (OJ L 184, 14.7.2007, p. 17). 15a Directive2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).
Amendment 87 #
2014/0121(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The financial crisis has revealed that shareholders in many cases supported managers' excessive short-term risk taking, which leads to suboptimal corporate governance and performance in the long term. Moreover, there is clear evidence that the current level of “monitoring” of investee companies and engagement by institutional investors and asset managers is inadequate, which may lead to suboptimal corporate governance and performance of listed companies.
Amendment 89 #
2014/0121(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Greater involvement of shareholders in companies' corporate governance is one of the levers that can help improve the financial and non-financial performance of those companies. Nevertheless, since shareholder rights are not the only long-term factor which needs to be taken into consideration in corporate governance, they should be accompanied by additional measures to ensure a greater involvement of all stakeholders, in particular employees, local authorities and civil society.
Amendment 97 #
2014/0121(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Therefore, institutional investors and asset managers should develop a policy on shareholder engagement, which determines, amongst others, how they integrate shareholder engagement in their investment strategy (including an impact assessment of social and environmental risks), monitor investee companies, conduct dialogues with investee companies and their stakeholders, in particular employees, local authorities and civil society, and exercise voting rights. Such engagement policy should include policies to manage actual or potential conflicts of interests, such as the provision of financial services by the institutional investor or asset manager, or companies affiliated to them, to the investee company. This policy, its implementation and the results thereof should be publicly disclosed on an annual basis. Where institutional investors or asset managers decide not to develop an engagement policy and/or decide not to disclose the implementation and results thereof, they shall give a clear and reasoned explanation as to why this is the case.
Amendment 103 #
2014/0121(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Asset managers should be required to publicly disclose to institutional investors how their investment strategy and the implementation thereof is in accordance with the asset management arrangement and how the investment strategy and decisions contributes to medium to long- term performance of the assets of the institutional investor. Moreover, they should disclose whether they make investment decisions on the basis of judgements about medium-to long- term performance of the investee company, how their portfolio was composed and the portfolio turnover, actual or potential conflicts of interest and whether the asset manager uses proxy advisors for the purpose of their engagement activities. This information would allow the institutional investor to better monitor the asset manager, provide incentives for a proper alignment of interests and for shareholder engagement.
Amendment 113 #
2014/0121(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Since remuneration is one of the key instruments for companies to align their interests and those of their executives and directors and in view of the crucial role of directorsthe latter in companies, it is important that the remuneration policy of companies is determined in an appropriate manner. W without prejudice to the provisions on remuneration of Directive 2013/36/EU of the European Parliament and of the Council17 listed companies and their shareholders should have the possibility to define the remuneration policy. The performance of senior employees should be assessed in accordance with both financial and non- financial criteria, in particular ofn the directors of their companybasis of environmental, social and governance-related criteria. __________________ 17Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms OJ L 176, 27.6.2013, p. 338..
Amendment 126 #
2014/0121(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Increased transparency regarding the activities of large companies, and in particular regarding profits made, taxes on profit paid and subsidies received, is essential for ensuring the trust of shareholders and other Union citizens in companies. Mandatory reporting in this area can therefore be seen as an important element of the corporate duty of companies to shareholders and society.
Amendment 127 #
2014/0121(COD)
Proposal for a directive
Recital 17 b (new)
Recital 17 b (new)
(17b) Increased transparency regarding the activities of large companies, and in particular regarding tax rulings, is essential for ensuring the trust of shareholders and other Union citizens in companies. Mandatory reporting in this area can therefore be seen as an important element of the corporate duty of companies to shareholders and society.
Amendment 129 #
2014/0121(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In order to provide stakeholders and shareholders easy access to all relevant corporate governance information the remuneration report should be part of the corporate governance statement that listed companies should publish in accordance with article 20 of Directive 2013/34/EU of the European Parliament and of the Council of 26 June 201318. __________________ 18Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).
Amendment 141 #
2014/0121(COD)
Proposal for a directive
Article 1 – point – 1 (new)
Article 1 – point – 1 (new)
Directive 2007/36/EC
Title
Title
(-1) The title is replaced by the following: ‘DIRECTIVE 2007/36/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 July 2007 on the exercise of certain rights of shareholders in listed companies, large companies and large groups’
Amendment 142 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 1 – sous-point a
Article 1 – point 1 – sous-point a
Directive 2007/36/EC
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive establishes requirements in relation to the exercise of certain shareholder rights attaching to voting shares in relation to general meetings of large companies and large groups which have their registered office in a Member State or companies whose shares are admitted to trading on a regulated market situated or operating within a Member State. It also establishes requirements for intermediaries used by shareholders to ensure that shareholders can be identifiedare more engaged in the long term, creates transparency on the engagement policies of certain types of investors, asset managers and proxy advisors and creates additional rights and responsibilities for shareholders to oversee companies.
Amendment 143 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2007/36/EC
Article 2 – point d a (new)
Article 2 – point d a (new)
(da) ‘large company’ means a company which meets the criteria laid down in Article 3(4) of Directive 2013/34/EU;
Amendment 144 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2007/36/EC
Article 2 – point d b (new)
Article 2 – point d b (new)
(db) ‘large group’ means a group which meets the criteria laid down in Article 3(7) of Directive 2013/34/EU;
Amendment 145 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2007/36/EC
Article 2 – point h
Article 2 – point h
(h) ‘shareholder engagement’ means the monitoring by a shareholder alone or together with other shareholders, of companies on matters such as strategy, financial and non-financial performance, risk, capital structure, social and environmental impact and corporate governance, having a dialogue with companies and their stakeholders (in particular employees, local authorities and civil society) on these matters and voting at the general meetings.
Amendment 153 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2007/36/EC
Chapter I a – title
Chapter I a – title
Identification of shareholders, Ttransmission of information and, facilitation of exercise of shareholder rights and support for long- term shareholding
Amendment 180 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2007/36/EC
Article 3 a – paragraph 5
Article 3 a – paragraph 5
5. The Commission shall be empowered to adopt implementdelegated acts ing actscordance with Article XXX, to specify the requirements to transmit the information laid down in paragraphs 2 and 3 including as regards the information to be transmitted, the format of the request and the transmission and the deadlines to be complied with. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14a (2).
Amendment 210 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2007/36/EC
Article 3d – paragraph 2a (new)
Article 3d – paragraph 2a (new)
2a. Member States shall ensure that when a beneficial individual investor holds shares through an intermediary, all costs of communicating with the intermediary must not be charged to the beneficial individual investor.
Amendment 212 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2007/36/EC
Article 3 d a (new) – paragraph 2
Article 3 d a (new) – paragraph 2
Article 3da Support for long-term shareholding Member States shall put in place a mechanism in order to promote shareholding on a long-term basis and foster long-term shareholders. Members State shall define the qualifying period in order to be considered a long term shareholder, but this period shall not be less than five years. The mechanism referred to in the first subparagraph shall include one or more of the following advantages for long term shareholders: — additional voting rights; — tax incentives; — loyalty dividends; — loyalty shares.
Amendment 222 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2007/36/EC
Article 3 f – paragraph 1 – point b
Article 3 f – paragraph 1 – point b
(b) to monitor investee companies, including on their non-financial performance and reduction of social and environmental risks;
Amendment 236 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2007/36/EC
Article 3 f – paragraph 2 – introductory words
Article 3 f – paragraph 2 – introductory words
2. Member States shall ensure that the engagement policy includes policies to manage actual or potential conflicts of interests with regard to shareholder engagement, for example by formulating rules regarding acceptance of gifts or advantages in kind, making sure that the financial interests of those concerned are known and keeping a register of conflicts of interests. Such policies shall in particular be developed for all of the following situations:
Amendment 272 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2007/36/EC
Article 3 h – paragraph 2 – point a
Article 3 h – paragraph 2 – point a
(a) whether or not, and if so how,the way in which they mtake investment decisions on the basis of judgements aboutaccount of medium-to long-term performance of the investee company, including non-financial performance, in making investment decisions;
Amendment 303 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2007/36/EC
Article 9 a – paragraph 1 – subparagraph 1
Article 9 a – paragraph 1 – subparagraph 1
Member States shall ensure that shareholders have the right to vote on the remuneration policy as regards executives and directors. Companies shall only pay remuneration to their executives and directors in accordance with a remuneration policy that has been approved by shareholders. TAny change in the policy shall be approved by the shareholders and the policy shall be submitted for approval by the shareholdlatters at least every three years.
Amendment 311 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2007/36/EC
Article 9 a – paragraph 1 – subparagraph 2
Article 9 a – paragraph 1 – subparagraph 2
Amendment 316 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2007/36/EC
Article 9 a – paragraph 1 – subparagraph 2 a (new)
Article 9 a – paragraph 1 – subparagraph 2 a (new)
Member States shall take the steps required to ensure that employees are entitled to express a view, via their representatives, on the remuneration policy before it is submitted to the shareholders.
Amendment 337 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2007/36/EC
Article 9a – paragraph 3 – subparagraph 2
Article 9a – paragraph 3 – subparagraph 2
The policy shall indicate the maximum amounts of total remuneration that can be awarded, and the corresponding relative proportion of the different components of fixed and variable remuneration. It shall explain how the pay and employment conditions of employees of the company were taken into account when setting the policy or directors' remuneration by explaining the ratio between the average remuneration of directorexecutives and the average remuneration of full time employees of the company other than directoremployees and why thisese ratio iss are considered appropriate. The policy may exceptionally be without a ratio in case of exceptional circumstances. In that case, it shall explain why there is no ratio and which measures with the same effect have been taken.
Amendment 346 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2007/36/EC
Article 9 a – paragraph 3 – subparagraph 3 a (new)
Article 9 a – paragraph 3 – subparagraph 3 a (new)
Member States shall ensure that the share value is neither the sole element nor a decisive component of the financial performance criteria. They shall ensure that share-based remuneration does not represent the most significant part of executives' variable remuneration.
Amendment 389 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2007/36/EC
Article 9 b – paragraph 3
Article 9 b – paragraph 3
3. Member States shall ensure that shareholders have the right to vote on the remuneration report of the past financial year during the annual general meeting. Where the shareholders vote against the remuneration report the company shall explain in the next remuneration report whether or not and, if so, how, the vote of the shareholders has been taken into account. Member States shall ensure that employees are entitled to express a view, via their representatives, on the remuneration report before it is submitted to the shareholders.
Amendment 397 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2007/36/EC
Article 9 b – paragraph 4
Article 9 b – paragraph 4
4. The Commission shall be empowered to adopt implementdelegated acts, ing actscordance with Article XXX, to specify the standardised presentation of the information laid down in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14a (2).
Amendment 473 #
Amendment 476 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2007/36/EC
Article 14 b
Article 14 b
Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for, which must be effective, proportionate and dissuasive, may involve the suspension of payment or the repayment of State aid granted. Member States shall notify those provisions to the Commission by [[date for transposition at the latest and shall notify it without delay of any subsequent amendment affecting them.
Amendment 477 #
2014/0121(COD)
Proposal for a directive
Article 2 – paragraph -1 (new)
Article 2 – paragraph -1 (new)
Directive 2013/34/EU
Article 2 – point 17 (new)
Article 2 – point 17 (new)
(-1) In Article 2 the following point is added: "(17) 'tax ruling' means any advance interpretation or application of a legal provision for a cross-border situation or transaction of a company which might lead to a loss of tax in Member States or which might lead to tax savings for the company resulting from artificial intra- group transfers of profits."
Amendment 480 #
2014/0121(COD)
Proposal for a directive
Article 2 – paragraph -1 c (new)
Article 2 – paragraph -1 c (new)
Directive 2013/34/EU
Article 18 a (new)
Article 18 a (new)
Amendment 482 #
2014/0121(COD)
Proposal for a directive
Article 2 – paragraph -1 e (new)
Article 2 – paragraph -1 e (new)
Directive 2013/34/EU
Article 18 b (new)
Article 18 b (new)
(-1e) The following Article 18b is inserted: "Article 18b Additional disclosure for large undertakings 1. In the notes to the financial statements, large undertakings shall, in addition to the information required under Articles 16, 17, 18 and any other provisions of this Directive, publicly disclose essential elements of and information regarding tax rulings, providing a break-down by Member State and by third country in which the large undertaking in question has a subsidiary. The Commission shall be empowered to set out, by means of delegated act in accordance with Article 49, the format and content of publication. 2. Undertakings whose average number of employees on a consolidated basis during the financial year does not exceed 500 and, on their balance sheet dates, do not exceed on a consolidated basis either a balance sheet total of 86 million euros or a net turnover of 100 million euros shall be exempt from the obligation set out in paragraph 1 of this Article. 3. The obligation set out in paragraph 1 of this Article shall not apply to any undertaking governed by the law of a Member State whose parent undertaking is subject to th laws of a Member State and whose information is included in the information disclosed by that parent undertaking in accordance with paragraph 1 of this Article. 4. The information referred to in paragraph 1 shall be audited in accordance with Directive 2006/43/EC.
Amendment 486 #
2014/0121(COD)
Proposal for a directive
Article 2 a (new) – point 1 (new)
Article 2 a (new) – point 1 (new)
Directive 2004/109/EC
Article 2 – paragraph 1 – point r (new)
Article 2 – paragraph 1 – point r (new)
(1) In paragraph 1 of Article 2 the following point (r) is added: "(r) 'tax ruling' means any advance interpretation or application of a legal provision for a cross border situation or transaction of a company which might lead to a loss of tax in Member States or which might lead to tax savings for the company resulting from artificial intra- group transfers of profits".
Amendment 487 #
2014/0121(COD)
Proposal for a directive
Article 2 a (new) – point 2 (new)
Article 2 a (new) – point 2 (new)
Directive 2004/109/EC
Article 16 a (new)
Article 16 a (new)
(2) The following article 16a is inserted: "Article 16a Additional disclosure for issuers 1. Member States shall require each issuer to publicly disclose annually, specifying by Member State and by third country in which it has a subsidiary, the following information on a consolidated basis for the financial year : (a) name(s), nature of activities and geographical location (b) turnover (c) number of employees on a full-time equivalent basis (d) profit or loss before tax (e) tax on profit or loss (f) public subsidies received 2. The obligation set out in paragraph 1 of this Article shall not apply to any issuer governed by the law of a Member State whose parent company is subject to the laws of a Member State and whose information is included in the information disclosed by that parent company in accordance with paragraph 1 of this Article. 3. The information referred to in paragraph 1 shall be audited in accordance with Directive 2006/43/EC and shall be published, where possible, as an annex to the annual financial statements or, where applicable, to the consolidated financial statements of the issuer concerned.
Amendment 488 #
2014/0121(COD)
Proposal for a directive
Article 2 a (new) – point 3 (new)
Article 2 a (new) – point 3 (new)
Directive 2004/109/EC
Article 16 b (new)
Article 16 b (new)
(3) The following Article 16b is inserted: "Article 16b Additional diclosure for issuers 1. Member States shall require each issuer to publicly disclose annually, on a consolidated basis for the financial year, essential elements of and information regarding tax rulings, providing a break- down by Member State and by third country in which it has a subsidiary. The Commission shall be empowered to set out, by means of delegated acts in accordance withArticle 27(2a), (2b) and (2c), the format and content of publication. 2. The obligation set out in paragraph 1 of this Article shall not apply to any issuer governed by the law of a Member State whose parent company is subject to the laws of a Member State and whose information is included in the information diclosed by that parent company in accordance with paragraph 1 of this article. 3. The information referred to in paragraph 1 shall be audited in accordance with Directive 2006/43/EC and shall be published, where possible, as an annex to the annual financial statements or, where applicable, to the consolidated financial statements of the issuer concerned.
Amendment 489 #
2014/0121(COD)
Proposal for a directive
Article 2 a (new) – point 4 (new)
Article 2 a (new) – point 4 (new)
Directive 2004/109/EC
Article 27 – paragraph 2a
Article 27 – paragraph 2a
(4) In Article 27, paragraph 2a is replaced by the following: "(2a) The power to adopt the delegated acts referred to in Article 2(3), Article 5(6), Article 9(7), Article 12(8), Article 13(2), Article 14(2), Article 16a(1), Article 17(4), Article 18(5), Article 19(4), Article 21(4), Article 23(4), Article 23(5) and Article 23(7) shall be conferred on the Commission for a period of 4 years from January 2011. The Commission shall draw up a report in respect of delegated power at the latest 6 months before the end of the four-year period. The delegation of power shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 27a."
Amendment 2 #
2014/0000(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to the report of 9 May 2010 by Mario Monti to the President of the European Commission on ‘A new strategy for the single market. At the service of Europe’s economy and society’,
Amendment 5 #
2014/0000(INI)
Motion for a resolution
Recital A
Recital A
A. whereas in the context of the mid-term review of the Europe 2020 strategy, the Single Market should be considered a key tool for reigniting economic growthsmart, sustainable and inclusive recovery in the EU, at the same time ensuring complementarity with the more traditional drivers of growth, such as boosting investment in innovation and education;
Amendment 17 #
2014/0000(INI)
Motion for a resolution
Recital F
Recital F
F. whereas a well -functioning and effective Single Market, based on a highlysustainable and highly innovative and competitive social market economy, is needed to boost growth and competitiveness and to create jobs so as to revitalise the European economy and redirect it towards a more sustainable development model;
Amendment 19 #
2014/0000(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the public authorities, including at local and regional level, must play their full democratic and legitimate role in regulating and reorienting our economy and must be fully consulted and involved in defining the Single Market rules;
Amendment 20 #
2014/0000(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. having regard to the damning revelations about measures being taken by certain multinationals to avoid their tax obligations and to the role of certain public actors in helping those companies evade their responsibilities, which calls for a rapid and determined response on the part of the EU;
Amendment 21 #
2014/0000(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas greater fiscal convergence would make a positive contribution to completing the Single Market;
Amendment 37 #
2014/0000(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Regrets that the CSRs have not been sufficiently aligned with the Europe 2020 targets; calls, therefore, for more determined efforts to guide and coordinate national and EU policies towards sustainable, smart and inclusive development;
Amendment 50 #
2014/0000(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Draws attention to the conclusions of the 2010 Monti report on the need to reconcile the Single Market with the concerns of citizens, in particular as regards social and environmental issues;
Amendment 55 #
2014/0000(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that a coherent sustainable development strategy requires horizontal action across all the key sectors for relaunching the Single Market;
Amendment 56 #
2014/0000(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
Amendment 98 #
2014/0000(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reiterates its support forthat all comprehensive trade and investment agreements that would supportmust be negotiated in such a way that they are compatible with the creation of quality jobs for European workers, directly benefit European consumers and open up new opportunities for EU companies, in particular small and medium-sized enterprises (SMEs);
Amendment 105 #
2014/0000(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines that specific policy actions should be included in the Europe 2020 strategy, aiming at addressing barriers in the services sectors covered by the Services Directive, and in financial services, for example, and putting more explicit emphasis on the deepening of the Single Market and protecting, including in the context of the current transatlantic negotiations on trade and investment, the specific nature of public services and the capacity of the public authorities, including at local and regional level, to organise and finance their community services;
Amendment 117 #
2014/0000(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls for zero tolerance of tax evasion and tax fraud, by giving absolute priority to the fight against tax dumping and unfair tax competition and ensuring that tax allowances illegally obtained by businesses are repaid; calls, in this regard, for the Commission to be given all the necessary powers and resources;
Amendment 118 #
2014/0000(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Calls for rapid progress to be made towards tax convergence for businesses, including through a binding agreement on the implementation of a common consolidated corporate tax base, a minimum tax rate on European corporations and minimum standards in the area of double taxation agreements;
Amendment 123 #
2014/0000(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes the fact that in 2014, the third generation of the EU regulation on public procurement was adopted with a view to simplifying the 2004 regime, promoting the sustainability of public contracts, including by strengthening the environmental and social award criteria, and overcoming interpretation problems and heterogeneity in concession contracts;
Amendment 127 #
2014/0000(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the need for the proper and timely transposition of legislation on public procurement and concessions; highlights the importance of public procurement as a key driver of smart, sustainable and inclusive growth, particularly for SMEs;
Amendment 135 #
2014/0000(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls for action to be taken to increase sustainable consumption, particularly in relation to a product’s useful life, and to combat practices aimed at deliberately reducing this useful life; would welcome, in this regard, the Commission drawing up a coherent action plan;
Amendment 136 #
2014/0000(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Urges the Commission to propose a European legislative framework on collective redress;
Amendment 18 #
2013/0402(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Businesses and non- commercial research institutions invest in acquiring, developing and applying know-how and information, which is the currency of the knowledge economy. This investment in generating and applying intellectual capital determines their competitiveness in the market and therefore their returns to investment, which is the underlying motivation for business research and development. Businesses have recourse to different means to appropriate the results of their innovative activities when openness does not allow for the full exploitation of their research and innovation investments. Use of formal intellectual property rights such as patents, design rights or copyright is one of them. Another is to protect access and exploit the knowledge that is valuable to the entity and not widely known. Such know-how and business information, that is undisclosed and intended to remain confidential is referred to as a trade secret. Businesses, irrespective of their size, value trade secrets as much as patents and other forms of intellectual property right and use confidentiality as a business and research innovation management tool, covering a diversified range of information, which extends beyond technological knowledge to commercial data such as information on customers and suppliers, business plans or market research and strategies. By protecting such a wide range of know-how and commercial information, whether as a complement or as an alternative to intellectual property rights, trade secrets allow the creator to derive profit from his/her creation and innovations and therefore are particularly important for research and development and innovative performance.
Amendment 19 #
2013/0402(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Businesses and non- commercial research institutions invest in acquiring, developing and applying know-how and information, which is the currency of the knowledge economy. This investment in generating and applying intellectual capital determines their competitiveness in the market and therefore their returns to investment, which is the underlying motivation for business research and development. Businesses have recourse to different means to appropriate the results of their innovative activities when openness does not allow for the full exploitation of their research and innovation investments. Use of formal intellectual property rights such as patents, design rights or copyright is one of them. Another is to protect access and exploit the knowledge that is valuable to the entity and not widely knownthat is valuable to the entity and not generally known among or readily accessible to persons that deal with the kind of information in question and by other persons who might obtain economic value from its disclosure or use. Such know-how and business information that is undisclosed and intended to remain confidential is referred to as a trade secret. Businesses, irrespective of their size, value trade secrets as much as patents and other forms of intellectual property right and use confidentiality as a business and research innovation management tool, covering a diversified range of information, which extends beyond technological knowledge to commercial data such as information on customers and suppliers, business plans or market research and strategies. By protecting such a wide range of know-how and commercial information, whether as a complement or as an alternative to intellectual property rights, trade secrets allow the creator to derive profit from his/her creation and innovations and therefore are particularly important for research and development and innovative performance.
Amendment 23 #
2013/0402(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Open innovation is a catalyst for new ideas to find their way to the market meeting the needs of consumers and tackling societal challenges. It is an important lever for the creation of new knowledge and underpins the emergence of new and innovative business models based on the use of co-created knowledge. Trade secrets have an important role in protecting the exchange of knowledge between businesses within and across the borders of the internal market in the context of research and development and innovation. Collaborative research, including cross- border cooperation, is particularly important to increase the levels of business research and development within the internal market. Open innovation is a catalyst for new ideas to find their way to the market meeting the needs of consumers and tackling societal challenges. In an internal market where barriers to such cross-border collaboration are minimised and where cooperation is not distorted, intellectual creation and innovation should encourage investment in innovative processes, services and products. Such an environment conducive to intellectual creation and innovation is also important for employment growth and improving competitiveness of the Union economy. Trade secrets are amongst the most used form of protection of intellectual creation and innovative know-how by businesses, yet they are at the same time the least protected by the existing Union legal framework against their unlawful acquisition, use or disclosure by third partiesSuch an environment conducive to intellectual creation and innovation and where employment mobility is ensured is also important for employment growth and improving competitiveness of the Union economy. Trade secrets have a role in protecting the exchange of knowledge between businesses within and across the borders of the internal market in the context of research and development and innovation. Nevertheless this role should not to be the detriment of innovation.
Amendment 26 #
2013/0402(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Innovative bBusinesses are increasingly exposed to dishonest practices aiming at misappropriating trade secrets, such as theft, unauthorised copying, economic espionage, breach of confidentiality requirements, whether from within or from outside of the Union. Recent developments, such as globalisation, increased outsourcing, longer supply chains, increased use of information and communication technology contribute to increasing the risk of those practices. The unlawful acquisition, use or disclosure of a trade secret compromises the legitimate trade secret holder’s abilityability of the person lawfully controlling the trade secret to obtain first mover returns using the outputs of its innovative efforts. Without effective and comparable legal means for defending trade secrets across the Union, incentives to engage in innovative cross-border activity within the internal market are undermined and tradebusinesses will be less securets are unable to fulfil their potential as drivers of economic growth and jobs. Thus, innovation and creativity are discouraged and investment diminishes, affecting the smooth functioning of the internal market and undermining its growth enhancing potential when engaging in collaboration with cross-border partners which would undermine the internal market.
Amendment 27 #
2013/0402(COD)
Proposal for a directive
Recital 4
Recital 4
(4) International efforts taken in the framework of the World Trade Organisation to address this problem led to the conclusion of tThe Agreement on trade-related aspects of intellectual property (the TRIPS Agreement). It contains, inter alia, provisions on the protection of trade secrets against their unlawful acquisition, use or disclosure by third parties, which are common international standards. All Member States, as well as the Union itself, are bound by this Agreement which was approved by Council Decision 94/800/EC5. __________________ 5 Council Decision of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994) (OJ L 336, 23.12.1994, p.1).
Amendment 28 #
2013/0402(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Notwithstanding the TRIPS Agreement, tThere are important differences in the Member States legislation as regards the protection of trade secrets against their unlawful acquisition, use or disclosure by other persons. Thus, for example, not all Member States have adopted national definitions of trade secrets and/or unlawful acquisition, use or disclosure of a trade secret, so that the scope of protection is not readily accessible and differs throughout Member States. Furthermore, there is no consistency as regards the civil law remedies available in case of unlawful acquisition, use or disclosure of trade secrets as cease and desist orders are not always available in all Member States against third parties who are not competitors of the legitimate trade secret holder. Divergences also exist across the Member States with respect to the treatment of third parties who acquired the trade secret in good faith but subsequently come to learn, at the time of use, that their acquisition derived from a previous unlawful acquisition by another party.
Amendment 29 #
2013/0402(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The differences in the legal protection of trade secrets provided for by the Member States imply that trade secrets do not enjoy an equivalent level of protection throughout the Union, thus leading to fragmentation of the internal market in this area and weakening the overall deterrent effect of the rules. The internal market is affected in so far as such differences lower businesses’' incentives to undertake innovative-related cross-border economic activity, including research or manufacturing cooperation with partners, outsourcing or investment in other Member States, which would depend on the use of the information protected as trade secrets. Cross-border network research and development as well as innovation-related activities, including related manufacturing and subsequent cross- border trade, are rendered less attractive and more difficult within the Union, thus also resulting in innovation-related inefficiencies at Union scale. In addition, higher business risk appears in Member States with comparatively lower levels of protection, where trade secrets may be stolen or otherwise unlawfully acquired more easily. This leads to inefficient allocation of capital to growth-enhancing innovation within the internal market because of the higher expenditure on protective measures to compensate for the insufficient legal protection in some Member States. It also favours the activity of unfair competitors who following the unlawful acquisition of trade secrets could spread resulting goods across the internal market. Legislative regime differences also facilitate the importation of goods from third countries into the Union through entry points with weaker protection, when the design, manufacturing or marketing of those goods rely on stolen or otherwisetrade secrets that have been proven to be stolen or unlawfully acquired trade secrets. On the whole, such differences create a prejudice to the proper functioning of the internal market.
Amendment 31 #
2013/0402(COD)
Proposal for a directive
Recital 8
Recital 8
(8) It is appropriate to provide for rules at Union level to approximate the national legislative systems so as to ensure a sufficient and consistent level of redress across the internal market in case of unlawful acquisition, use or disclosure of a trade secret. For this purpose, it is important to establish a homogenous definition of a trade secret without restricting the subject matter to be protected against misappropriation. Such definition should therefore be constructed as to cover business information, technological information an and undisclosed know-how where there is both a legitimate interest in keeping confidential, a commercial value of the confidential information and a legitimate expectation in the preservation of such confidentiality. By nature, such definition should exclude trivial information and should not extend to the knowledge and skills gained by employees in the normal course of their employment and which are known among or accessible to persons within the circles that normally deal with the kind of information in question, and by competitors.
Amendment 34 #
2013/0402(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) For the purposes of this Directive, and in accordance with Regulation (EU) No 536/2014 of the European Parliament and of the Council on clinical trials on medicinal products for human use, in general the data included in a clinical study report should not be considered commercially confidential once a marketing authorisation has been granted, the procedure for granting the marketing authorisation has been completed or the application for marketing authorisation has been withdrawn. In addition, the main characteristics of a clinical trial, the conclusion on Part I of the assessment report for the authorisation of a clinical trial, the decision on the authorisation of a clinical trial, the substantial modification of a clinical trial, and the clinical trial results including reasons for temporary halt or early termination, in general, should not be considered a trade secret.
Amendment 38 #
2013/0402(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In line with the principle of proportionality the measures and remedies intended to protect trade secrets should be tailored to meet the objective of a smooth functioning internal market for research and innovation without jeopardising other objectives and principles of public interest, such as consumer protection, health and environmental protection. This includes proportionality regarding measures which directly or indirectly may restrict sharing and use of knowledge and labour mobility. In this respect, the measures and remedies ensure that competent judicial authorities account for the value of a trade secret, the seriousness of the conduct resulting in the unlawful acquisition, use or disclosure of the trade secret as well as the impact of such conduct. It should also be ensured that the competent judicial authorities are provided with the discretion to weigh up the interests of the parties to the litigation, as well as the interests of third parties including, where appropriate, consumers.
Amendment 40 #
2013/0402(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Businesses and non- commercial research institutions invest in acquiring, developing and applying know-how and information, which is the currency of the knowledge economy. This investment in generating and applying intellectual capital determines their competitiveness in the market and therefore their returns to investment, which is the underlying motivation for business research and development. Businesses have recourse to different means to appropriate the results of their innovative activities when openness does not allow for the full exploitation of their research and innovation investments. Use of formal intellectual property rights such as patents, design rights or copyright is one of them. Another is to protect access and exploit the knowledge that is valuable to the entity and not widegenerally known. Such know-how and business information, that is undisclosed and intended to remain confidential is referred to as a trade secret. Businesses, irrespective of their size, value trade secrets as much as patents and other forms of intellectual property right and use confidentiality as a business and research innova among or readily accessible to persons that deal with the kind of information in question management tool, covering a diversified range of information, which extends beyond technological knowledge to commercial data such as information on customers and suppliers, business plans or market research and strategies. By protecting such a wide range ofd by other persons who might obtain economic value from its disclosure or use. Such know-how and commercialbusiness information, whether as a complement or as an alternative to intellectual property rights, trade secrets allow the creator to derive profit from his/her creation and innovations and therefore are particularly important for research and development and innovative performancethat is undisclosed and intended to remain confidential is referred to as a trade secret.
Amendment 41 #
2013/0402(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) With the introduction and implementation of a uniform definition of trade secrets, and of uniform rules for the protection of trade secrets within the Internal Market. Any other measures that directly or indirectly may restrict the sharing and use of knowledge and the hiring and mobility of labour should respect the principle of proportionality in the interest of innovation and free competition.
Amendment 44 #
2013/0402(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Open innovation is a catalyst for new ideas to find their way to the market meeting the needs of consumers and tackling societal challenges. It is an important lever for the creation of new knowledge and underpins the emergence of new and innovative business models based on the use of co-created knowledge. Trade secrets have an important role in protecting the exchange of knowledge between businesses within and across the borders of the internal market in the context of research and development and innovation. Collaborative research, including cross- border cooperation, is particularly important to increase the levels of business research and development within the internal market. Open innovation is a catalyst for new ideas to find their way to the market meeting the needs of consumers and tackling societal challenges. In an internal market where barriers to such cross-border collaboration are minimised and where cooperation is not distorted, intellectual creation and innovation should encourage investment in innovative processes, services and products. Such an environment conducive to intellectual creation and innovation is also important for employment growth and improving competitiveness of the Union economy. Trade secrets are amongst the most used form of protection of intellectual creation and innovative know-how by businesses, yet they are at the same time the least protected by the existing Union legal frameworkSuch an environment conducive to intellectual creation and innovation and where employment mobility is ensured is also important for employment growth and improving competitiveness of the Union economy. Trade secrets have a role in protecting the exchange of knowledge between businesses within and across the borders of the internal market in the context of research and development and innovation. Nevertheless, the protection against their unlawful acquisition, use or disclosure by third partiesof trade secrets should not to be detrimental to innovation and employment mobility.
Amendment 45 #
2013/0402(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Innovative bBusinesses are increasingly exposed to dishonest practices aiming at misappropriating trade secrets, such as theft, unauthorised copying, economic espionage, breach of confidentiality requirements, whether from within or from outside of the Union. Recent developments, such as globalisation, increased outsourcing, longer supply chains, increased use of information and communication technology. contribute to increasing the risk of those practices. The unlawful acquisition, use or disclosure of a trade secret compromises the legitimate trade secret holder’s abilityability of the person lawfully controlling the trade secret to obtain first mover returns using the outputs of its innovative efforts. Without effective and comparable legal means for defending trade secrets across the Union, incentives tobusinesses will be less secure when engage ing innovative cross-border activity within the internal market are undermined and trade secrets are unable to fulfil their potential as drivers of economic growth and jobs. Thus, innovation and creativity are discouraged and investment diminishes, affecting the smooth functioning of the internal market and undermining its growth enhancing potential collaboration with cross-border partners, which undermines the growth enhancing potential of the internal market.
Amendment 46 #
2013/0402(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In the interest of legal certainty and considering that legitimate trade secret holders are expected to exercise a duty of care as regards the preservation of the confidentiality of their valuable trade secrets and the monitoring of their use, it appears appropriate to restrict the possibility to initiate actions for the protection of trade secrets to a limited period following the date on which the trade secret holders became aware, or had reason to become aware, of the unlawful acquisition, use or disclosure of their trade secret by a third party. However, protection against unlawful acquisition, disclosure and use of trade secrets should not be to the detriment of employee mobility and reduce their employability. This must be taken into account when setting the limitation period to the measures, procedures and remedies provided for in this Directive. This period should be no longer than a year. This Directive must strike the right balance between the employees who create new ideas and the companies who provide the resources and the environment for the development of these ideas.
Amendment 46 #
2013/0402(COD)
Proposal for a directive
Recital 4
Recital 4
(4) International efforts taken in the framework of the World Trade Organisation to address this problem led to the conclusion of tThe Agreement on trade-related aspects of intellectual property (the TRIPS Agreement). It contains, inter alia, provisions on the protection of trade secrets - referred to in the text as 'undisclosed information'- against their unlawful acquisition, use or disclosure by third parties, which are common international standards. All Member States, as well as the Union itself, are bound by this Agreement which was approved by Council Decision 94/800/EC5. __________________ 5 Council Decision of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986- 1994) (OJ L 336, 23.12.1994, p.1).
Amendment 47 #
2013/0402(COD)
Proposal for a directive
Recital 15
Recital 15
Amendment 47 #
2013/0402(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Notwithstanding the TRIPS Agreement, tThere are important differences in the Member States legislation as regards the protection of trade secrets against their unlawful acquisition, use or disclosure by other persons. Thus, for example, not all Member States have adopted national definitions of trade secrets and/or unlawful acquisition, use or disclosure of a trade secret, so that the scope of protection is not readily accessible and differs throughout Member States. Furthermore, there is no consistency as regards the civil law remedies available in case of unlawful acquisition, use or disclosure of trade secrets as cease and desist orders are not always available in all Member States against third parties who are not competitors of the legitimate trade secret holder. Divergences also exist across the Member States with respect to the treatment of third parties who acquired the trade secret in good faith but subsequently come to learn, at the time of use, that their acquisition derived from a previous unlawful acquisition by another party.
Amendment 48 #
2013/0402(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The differences in the legal protection of trade secrets provided for by the Member States imply that trade secrets do not enjoy an equivalent level of protection throughout the Union, thus leading to fragmentation of the internal market in this area and weakening the overall deterrent effect of the rules. The internal market is affected in so far as such differences lower businesses’' incentives to undertake innovative-related cross-border economic activity, including research or manufacturing cooperation with partners, outsourcing or investment in other Member States, which would depend on the use of the information protected as trade secrets. Cross-border network research and development as well as innovation-related activities, including related manufacturing and subsequent cross- border trade, are rendered less attractive and more difficult within the Union, thus also resulting in innovation-related inefficiencies at Union scale. In addition, higher business risk appears in Member States with comparatively lower levels of protection, where trade secrets may be stolen or otherwise unlawfully acquired more easily. This leads to inefficient allocation of capital to growth-enhancing innovation within the internal market because of the higher expenditure on protective measures to compensate for the insufficient legal protection in some Member States. It also favours the activity of unfair competitors who following the unlawful acquisition of trade secrets could spread resulting goods across the internal market. Legislative regime differences also facilitate the importation of goods from third countries into the Union through entry points with weaker protection, when the design, manufacturing or marketing of those goods rely on stolen or otherwisetrade secrets that have been proven to be stolen or unlawfully acquired trade secrets. On the whole, such differences create a prejudice to the proper functioning of the internal market.
Amendment 49 #
2013/0402(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The differences in the legal protection of trade secrets provided for by the Member States imply that trade secrets do not enjoy an equivalent level of protection throughout the Union, thus leading to fragmentation of the internal market in this area and weakening the overall deterrent effect of the rules. The internal market is affected in so far as such differences lower businesses’' incentives to undertake innovative-related cross-border economic activity, including research or manufacturing cooperation with partners, outsourcing or investment in other Member States, which would depend on the use of the information protected as trade secrets. Cross-border network research and development as well as innovation-related activities, including related manufacturing and subsequent cross- border trade, are rendered less attractive and more difficult within the Union, thus also resulting in innovation-related inefficiencies at Union scale. In addition, higher business risk appears in Member States with comparatively lower levels of protection, where trade secrets may be stolen or otherwise unlawfully acquired more easily. This leads to inefficient allocation of capital to growth-enhancing innovation within the internal market because of the higher expenditure on protective measures to compensate for the insufficient legal protection in some Member States. It also favours the activity of unfair competitors who following the unlawful acquisition of trade secrets could spread resulting goods across the internal market. Legislative regime differences also facilitate the importation of goods from third countries into the Union through entry points with weaker protection, when the design, manufacturing or marketing of those goods rely on stolen or otherwisetrade secrets that have been proven to be stolen or unlawfully acquired trade secrets. On the whole, such differences create a prejudice to the proper functioning of the internal market.
Amendment 51 #
2013/0402(COD)
Proposal for a directive
Recital 17
Recital 17
(17) A trade secret may be unlawfully used to design, manufacture or market goods, or components thereof, which may spread across the internal market, thus affecting the commercial interests of the trade secret holder and the functioning of the internal market. In those cases where unlawful acquisition has been demonstrated and when the trade secret in question has a significant impact on the quality, value or price of the resulting good or on reducing the cost, facilitating or speeding up its manufacturing or marketing processes, it is important to empower judicial authorities to order appropriate measures with a view to ensure that those goods are not put on the market or are removed from it. Considering the global nature of trade, it is also necessary that these measures include the prohibition of importing those goods into the Union or storing them for the purposes of offering or placing them on the market. Having regard to the principle of proportionality, corrective measures should not necessarily entail the destruction of the goods when other viable options are present, such as depriving the good of its infringing quality or the disposal of the goods outside the market, for example, by means of donations to by charitable organisations.
Amendment 54 #
2013/0402(COD)
Proposal for a directive
Recital 8
Recital 8
(8) It is appropriate to provide for rules at Union level to approximate the national legislative systems so as to ensure a sufficient and consistent level of redress across the internal market in case of unlawful acquisition, use or disclosure of a trade secret. For this purpose, it is important to establish a homogenous definition of a trade secret without restricting the subject matter to be protected against misappropriation. Such definition should therefore be constructed as to cover business information, technological information an and undisclosed know-how where there is both a legitimate interest in keeping confidential, a commercial value of this information because it is kept confidential, and a legitimate expectation in the preservation of such confidentiality. By nature, such definition should exclude trivial information and should not extend to the knowledge and skills gained by employees in the normal course of their employment and which are known among or accessible to persons within the circles that normally deal with the kind of information in question, including competitors.
Amendment 56 #
2013/0402(COD)
Proposal for a directive
Recital 9
Recital 9
(9) It is also important to identify the circumstances under which legal protection is justified. For this reason, it is necessary to establish the conduct and practices which are to be regarded as unlawful acquisition, use or disclosure of a trade secret. Disclosure by Union’s institutions and bodies or national public authorities of business-related information they hold pursuant to the obligations of Regulation (EC) No 1049/2001 of the European Parliament and of the Council6 or to other rules on the access to documents should not be considered unlawful disclosure of a trade secret. Similarly, any information which disclosure, acquisition or use is required by Union or national rules or by public authorities should not fall within the scope of this Directive. Moreover, the disclosure, acquisition or use of information should not be considered unlawful when made in the purpose of the legitimate protection of the public interest, such as consumer protection, the protection of workers, the protection of human, animal or plant life, the protection of the environment and of urban environment, the safeguard of fundamental rights, including freedom of expression and information, the prevention of unfair competition. __________________ 6 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p.43).
Amendment 59 #
2013/0402(COD)
Proposal for a directive
Recital 23
Recital 23
(23) The implementation of this Directive must ensure respects the of fundamental rights and observesation of the principles recognised in particular by the Charter of Fundamental Rights of the European Union, notably the right to respect private and family life, the right to the protection of personal data, the freedom of expression and information, the freedom to choose an occupation and right to engage in work, the freedom to conduct a business, the right to property, the right to good administration, access to file and preservation of secrecy of business, the right to an effective remedy and to a fair trial and right of defence.
Amendment 59 #
2013/0402(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
Amendment 63 #
2013/0402(COD)
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) The measures provided for in this Directive and their implementation should not affect the freedom of movement of workers not the freedom of establishment, in particular Articles 48 and 49 of the Treaty on the Functioning of the European Union and Article 15 of the Charter of Fundamental Rights of the European Union.
Amendment 64 #
2013/0402(COD)
Proposal for a directive
Recital 28
Recital 28
(28) The measures adopted to protect trade secrets against their unlawful acquisition, disclosure and use should not affect the application of any other relevant law in other areas including protection of the environment and environmental liability, consumer protection, health and safety requirements, health protection, intellectual property rights, privacy, access to documents and information, and the law of contract. However, where the scope of application of Directive 2004/48/EC of the European Parliament and of the Council8 and the scope of this Directive overlap, this Directive takes precedence as lex specialis. __________________ 8Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ L157, 30.4.2004, p.45).
Amendment 64 #
2013/0402(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In line with the principle of proportionality the measures and remedies intended to protect trade secrets should be tailored to meet the objective of a smooth functioning internal market for research and innovationincluding workers mobility, without jeopardising other objectives and principles of public interest, such as fundamental rights, consumer protection, health and environmental protection. In this respect, the measures and remedies ensure that competent judicial authorities account for the value of a trade secret, the seriousness of the conduct resulting in the unlawful acquisition, use or disclosure of the trade secret as well as the impact of such conduct. It should also be ensured that the competent judicial authorities are provided with the discretion to weigh up the interests of the parties to the litigation, as well as the interests of third parties including, where appropriate, consumers.
Amendment 66 #
2013/0402(COD)
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28a) This Directive should be without prejudice to the autonomy of social partners and their right to enter into collective agreements in accordance with national law, traditions and practices and respecting the provisions of the Treaty on the Functioning of European Union.
Amendment 67 #
2013/0402(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In the interest of legal certainty and considering that legitimate trade secret holders are expected to exercise a duty of care as regards the preservation of the confidentiality of their valuable trade secrets and the monitoring of their use, it appears appropriate to restrict the possibility to initiate actions for the protection of trade secrets to a limited period following the date on which the trade secret holders became aware, or had reason to become aware, of the unlawful acquisition, use or disclosure of their trade secret by a third party. However, the protection against unlawful acquisition, disclosure and use of trade secrets should not restrict employees' mobility and become a burden in theird party efforts to find a job in the EU market. This needs to be taken into account when setting the limitation period to the measures, procedures and remedies provided for in this Directive: this period should therefore not exceed a year. The legal framework set out by this Directive shall aim to properly reflect the necessary to have a proper balance between the employees who create new ideas and the companies who provide the resources and the environment for the development of these ideas.
Amendment 68 #
2013/0402(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on the protection against the unlawful acquisition, disclosure and use of trade secretundisclosed know- how and business information (trade secrets), without the authorisation of the natural or legal persons that are lawfully controlling them and in a manner that is contrary to honest commercial practices.
Amendment 69 #
2013/0402(COD)
Proposal for a directive
Recital 15
Recital 15
Amendment 70 #
2013/0402(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Member States may provide, in compliance with the provisions of the Treaties, for more precise definitions and rules and a comprehensive description of what constitutes lawful acquisition, use and disclosure of trade secrets, provided compliance with Articles 4, 5, 6, 7, 8(1), second subparagraph, 8(3), 8(4), 9(2), 10, 12 and 14(3) of this Directive is ensured.
Amendment 71 #
2013/0402(COD)
Proposal for a directive
Recital 17
Recital 17
(17) A trade secret may be unlawfully used to design, manufacture or market goods, or components thereof, which may spread across the internal market, thus affecting the commercial interests of the trade secret holder and the functioning of the internal market. In those cases where unlawful acquisition has been demonstrated and when the trade secret in question has a significant impact on the quality, value or price of the resulting good or on reducing the cost, facilitating or speeding up its manufacturing or marketing processes, it is important to empower judicial authorities to order appropriate measures with a view to ensure that those goods are not put on the market or are removed from it. Considering the global nature of trade, it is also necessary that these measures include the prohibition of importing those goods into the Union or storing them for the purposes of offering or placing them on the market. Having regard to the principle of proportionality, corrective measures should not necessarily entail the destruction of the goods when other viable options are present, such as depriving the good of its infringing quality or the disposal of the goods outside the market, for example, by means of donations to by charitable organisations.
Amendment 74 #
2013/0402(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – introductory part
Article 2 – paragraph 1 – point 1 – introductory part
(1) ‘'trade secret’' means informationundisclosed know- how and business information bearing commercial value which meets all of the following requirements:
Amendment 74 #
2013/0402(COD)
Proposal for a directive
Recital 23
Recital 23
(23) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, notably the right to respect private and family life, the right to the protection of personal data, the freedom of expression and information, freedom of the press and the media, the freedom to choose an occupation and right to engage in work, the freedom to conduct a business, the right to property, the right to good administration, access to file and preservation of secrecy of business, the right to an effective remedy and to a fair trial and right of defence.
Amendment 76 #
2013/0402(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) Member States shall respect freedom of the press and the media, according to Article 11(2) of the Charter of Fundamental Rights of the European Union in order to ensure that the Directive does not restrict journalistic works, in particular with regard to investigation, protection of sources, and the right of the public to be informed
Amendment 77 #
2013/0402(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
(a) is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question and who could obtain economic value from its unlawful disclosure or use;
Amendment 78 #
2013/0402(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
(b) has significant commercial value because it is secret and because the disclosure of it will be significantly detrimental to the legitimate economic interest of the person lawfully controlling it;
Amendment 80 #
2013/0402(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
(c) has been subject to reasonable and demonstrable steps under the circumstances, by the person lawfully in control of the information, to keep it secret. These reasonable steps shall be assessed by the competent judicial authorities on the basis, notably, of the legitimate use of technical and contractual means by the person lawfully in control of the information.
Amendment 80 #
2013/0402(COD)
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) The measures provided in the Directive and their implementation must not affect the application of the freedom of movement for workers and the freedom of establishment, in particular Articles 48 and 49 of the Treaty on the Functioning of the European Union and Article 15 of the Charter of Fundamental Rights of the European Union.
Amendment 83 #
2013/0402(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ’infringing'unlawful goods’' means goods that are placed on the market whose design, quality, manufacturing process or marketing significantlyare demonstrated to benefits from trade secrets unlawfully acquired, used or disclosed. (The amendment replacing 'infringing' with 'unlawful' applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 83 #
2013/0402(COD)
Proposal for a directive
Recital 28
Recital 28
(28) The measures adopted to protect trade secrets against their unlawful acquisition, disclosure and use should not affect the application of any other relevant law in other areas including environmental liability, consumer protection, health and safety requirements, health protection, intellectual property rights, privacy, access to documents and information, and the law of contract. Trade secret protection should not affect a disclosure of software source code such as publication of software under the European Union Public License (EUPL) or compatible licenses. However, where the scope of application of Directive 2004/48/EC of the European Parliament and of the Council8 and the scope of this Directive overlap, this Directive takes precedence as lex specialis. __________________ 8 Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ L157, 30.4.2004, p.45).
Amendment 88 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The acquisition of a trade secret without the consent of the trade secret holder shall be considered unlawful whenever carried out intentionally with the aim of acquiring an economical gain or of causing economic detriment to person lawfully controlling it or with gross negligence by:
Amendment 92 #
2013/0402(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Any information the disclosure of which is required by the Union or national rules or by public authorities within the context of their mandate shall not fall within the scope of this Directive
Amendment 94 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) unauthorised access to or copy ofthe trade secret, which may include any documents, objects, materials, substances or electronic files containing the trade secret, lawfully under the control of the trade secret holder, containing the trade secret or from which the trade secret can be deducedholder;
Amendment 95 #
2013/0402(COD)
Proposal for a directive
Article 1 – paragraph 1 b (new)
Article 1 – paragraph 1 b (new)
Member States may provide, in compliance with the provision of the Treaty for more precise definitions and rules and comprehensive description of lawful acquisition, use and disclosure of trade secrets provided that compliance with Articles 4, 5 ,6, 7, 8(1)2nd sub para, 8(3), 8(4), 9(2), 10, 12, 14(3) of this Directive is ensured.
Amendment 98 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
Amendment 99 #
2013/0402(COD)
Proposal for a directive
Article 2 – point 1 – introductory part
Article 2 – point 1 – introductory part
(1) ‘trade secret’ means informationundisclosed know- how and business information bearing commercial value which meets all of the following requirements:
Amendment 100 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. The use or disclosure of a trade secret shall be considered unlawful whenever carried out, without the consent of the trade secret holder, intentionally and with the aim of acquiring an economic gain or advantage or of causing economic detriment to the person lawfully controlling it or with gross negligence, by a person who is found to meet any of the following conditions:
Amendment 102 #
2013/0402(COD)
Proposal for a directive
Article 2 – point 1 – point b
Article 2 – point 1 – point b
(b) has independent and significant commercial value because it is secret and because its disclosure will be significantly detrimental to the legitimate economic interest of the person lawfully controlling the trade secret;
Amendment 104 #
2013/0402(COD)
Proposal for a directive
Article 2 – point 1 – point c
Article 2 – point 1 – point c
(c) has been subject to reasonable and demonstrable steps under the circumstances, by the person lawfully in control of the information, to keep it secret. These reasonable steps shall be assessed by the competent judicial authorities on the basis, notably, of the legitimate use of technical and contractual means by the person lawfully in control of the information.
Amendment 113 #
2013/0402(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘infringbreacher’ means any natural or legal person who has intentionally unlawfully acquired, used or disclosed trade secrets for purposes of commercial nature and in a manner contrary to honest commercial practices;
Amendment 115 #
2013/0402(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘infringingunlawful goods’ means goods that are placed on the market whose design, quality, manufacturing process or marketing significantlyare demonstrated to benefits from trade secrets unlawfully acquired, used or disclosed.
Amendment 119 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) exercise of the right of workers or workers’ representatives to information and consultation in accordance with Union and national law and/or practices;
Amendment 120 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(cd) any other practice which, under the circumstances, is in conformity with honest commercial practices. or is required or authorised by national laws, EU regulations or public institutions fulfilling their mandate;
Amendment 121 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) acquired by the knowledge, qualifications and skills of employees obtained in previous employment, which are not covered by the definition of trade secrets as provided for in Article 2. Contractual obligations and any other actions limiting the use of such knowledge shall comply with the principle of proportionality in the interest of innovation and free competition;
Amendment 125 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The acquisition of a trade secret without the consent of the trade secret holder shall be considered unlawful whenever carried out intentionally with the aim of acquiring an economical gain or of causing economic harm to the person lawfully controlling it or with gross negligence by:
Amendment 128 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) for making legitimate use of the right to freedom of expression and information;
Amendment 130 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) for the purpose of revealing an applicant’s misconduct, fraud, wrongdoing or, illegal or unethical activity, provided that the alleged acquisition, use or disclosure of the trade secret was necessary for such revelation and that the respondent acted in the public interest;
Amendment 131 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) unauthorised access to or copy ofthe trade secret, which may include any documents, objects, materials, substances or electronic files containing the trade secret, lawfully under the control of the trade secret holder, containing the trade secret or from which the trade secret can be deducedholder;
Amendment 134 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
Amendment 135 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the trade secret was disclosed by workers to their representatives as part of the legitimate exercise of their representative functionsin accordance with national and Union law;
Amendment 137 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(ca) when fulfilling the terms of the employment contract of workers;
Amendment 141 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) for the purpose of fulfilling a non- contractual or ethical obligation;
Amendment 141 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. The use or disclosure of a trade secret shall be considered unlawful whenever carried out, without the consent of the trade secret holder, intentionally and with the aim of acquiring an economic gain or advantage or of causing economic harm to the person lawfully controlling the trade secret or with gross negligence, by a person who is found to meet any of the following conditions:
Amendment 143 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) is in breach of a legally valid confidentiality agreement or any other dutyaccording to national and EU law to maintain secrecy of the trade secret;
Amendment 145 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) is in breach of a contractual or any otherlegally valid contractual duty to limit the use of the trade secret.
Amendment 146 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point e a (new)
Article 4 – paragraph 2 – point e a (new)
(ea) for the purpose of protecting public order and general interest, including protection of human, animal or plant life or health or to avoid serious prejudice to the environment.
Amendment 147 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point e b (new)
Article 4 – paragraph 2 – point e b (new)
(eb) the trade secret is requested and/or disclosed by a public institution according to their mandate, as required or allowed by national Union law .
Amendment 150 #
2013/0402(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) is proportionate to the actual economic detriment for the holder of the trade secret due to the alleged unlawful access, disclosure or use of it;
Amendment 152 #
2013/0402(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) avoids the creation of barriers to legitimate trade, competition and worker mobility in the internal market.
Amendment 153 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) a commercial contract between the person who is legally in control of the trade secret and an acquirer;
Amendment 155 #
2013/0402(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) provides for safeguards against their abuse and ensures that, in case defendants are wrongfully accused of unlawful action, they shall be fully compensated for any detriment suffered due to unfounded legal action.
Amendment 156 #
2013/0402(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) the proof that the trade secret was unlawfully acquired and that none of the exceptions mentioned in Article 4 of this Directive applies, shall be borne by the person lawfully in control of the trade secret.
Amendment 158 #
2013/0402(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1 – introductory part
Article 6 – paragraph 2 – subparagraph 1 – introductory part
Member States shall ensure that where competent judicial authorities determine that a claim concerning the unlawful acquisition, disclosure or use of a trade secret is manifestly unfounded and the applicant is found to have initiated the legal proceedings in bad faith with the purpose of unfairly delaying or restricting the respondent’'s access to the market or otherwise intimidating or harassing the respondent, or to prevent the disclosure of information of public interest, such competent judicial authorities shall be entitled to take the following measures:
Amendment 159 #
2013/0402(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a (new)
Article 6 – paragraph 2 – point a (new)
(a) provide for full compensation for economic damage and losses incurred, if any, as well as potential moral prejudice to the alleged unlawful accessor, acquirer or user of trade secrets.
Amendment 162 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) exercise of the right of workers or workers representatives to information and consultation in accordance with Union and national law and/or practices;
Amendment 163 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
Amendment 164 #
2013/0402(COD)
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
In the case of legal action against former employees and employees, the limitation period should not exceed one year in order not to affect or prevent employee mobility.
Amendment 170 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The acquisition, use and disclosure of trade secrets shall be considered lawful if such acquisition, use or disclosure is required or authorised by Union or national law or within the mandate of public institutions.
Amendment 171 #
2013/0402(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 2 – point b a (new)
Article 8 – paragraph 1 – subparagraph 2 – point b a (new)
(ba) where new national or Union law requires the disclosure or use of the information concerned.
Amendment 177 #
2013/0402(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 – point a
Article 8 – paragraph 2 – subparagraph 2 – point a
(a) to restrict access to any document containing trade secrets submitted by the parties or third parties, in whole or in part, provided that both parties involved or their representative have access to them;
Amendment 182 #
2013/0402(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 – point c
Article 8 – paragraph 2 – subparagraph 2 – point c
(c) to make publicly available a non- confidential version of any judicial decision, in which the passages containing information confirmed as trade secrets have been removdacted.
Amendment 188 #
2013/0402(COD)
Proposal for a directive
Article 9
Article 9
Amendment 189 #
2013/0402(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that the competent judicial authorities have, in respect of the measures referred to in Article 9, the authority to require the applicant to provide evidence that may reasonably be considered available in order to satisfy themselves thatthe matter involved qualifies as a trade secret exists, that the applicant is the legitimate trade secret holder and that the trade secret has been acquired unlawfully, that the trade secret is being unlawfully used or disclosed, or that an unlawful acquisition, use or disclosure of the trade secret is imminent.
Amendment 192 #
2013/0402(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 194 #
2013/0402(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 195 #
2013/0402(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 196 #
2013/0402(COD)
Proposal for a directive
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) a declaration of infringementunlawful access, disclosure or use;
Amendment 197 #
2013/0402(COD)
Proposal for a directive
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
(c) depriving the infringingunlawful goods of their infringing quality quality that derived from the use of the trade secret;
Amendment 210 #
2013/0402(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that the competent judicial authorities, on the application of the injured party, order the infringerunlawful accessor, acquirer or user of trade secret who knew or ought to have known that he or she was engaging in unlawful acquisition, disclosure or use of a trade secret, to pay the trade secret holder damages commensurate to the actual prejudice suffered as a result of the unlawful access, disclosure or use of the trade secret.
Amendment 215 #
2013/0402(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. In accordance with their national law and practice, Member States may restrict the liability for damages of employees towards their employers for the unlawful acquisition, use or disclosure of a trade secret of the employer. This option also applies when unlawful acquisition, use and disclosure of trade secrets occurs after the employment of an employee has terminated.
Amendment 68 #
2013/0256(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Eurojust should be given the opportunity to extend the deadlines for storage of personal data, subject to observance of the purpose limitation principle applicable to processing of personal data in the context of all activities of Eurojust, in order to achieve its objectives. Such decisions should be taken following careful consideration of all interests at stake, including those of the data subjects. Any extension of deadlines for processing personal data, where prosecution is statute barred in all Member States concerned, should be the subject of a formal and reasoned decision, and decided only where there is a specific and clearly justifiable need to provide assistance under this Regulation.
Amendment 69 #
2013/0256(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Eurojust should maintain cooperative relationscooperate with other Union bodies and agencies, with the European Public Prosecutor's Office, with the competent authorities of third countries as well as with international organisations, to the extent required for the accomplishment of its tasks.
Amendment 70 #
2013/0256(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) The European Public Prosecutor should have the right to participate in all Eurojust meetings provided that matters which the Prosecutor considers relevant to the functioning of the European Public Prosecutor's Office are discussed.
Amendment 79 #
2013/0256(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Eurojust shall support and strengthen coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime affecting two or more Member States, or requiring a prosecution on common bases, on the basis of operations conducted and information supplied by the Member States' authorities, by Europol and by the Europolean Public Prosecutor's Office.
Amendment 82 #
2013/0256(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Eurojust shall exercise its tasks at the request of the competent authorities of the Member States or of the European Public Prosecutor's Office or on its own initiative.
Amendment 92 #
2013/0256(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. At the request either of a Member State's competent authority, of the European Public Prosecutor's Office or of the Commission, Eurojust may assist investigations and prosecutions affecting only that Member State and the Union.
Amendment 93 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) inform the competent authorities of the Member States and the European Public Prosecutor's Office of investigations and prosecutions of which it has been informed and which have repercussions at Union level or which might affect Member States other than those directly concerned;
Amendment 119 #
2013/0256(COD)
3. The European Public Prosecutor shall receive the agendas of all College meetings and shall be entitled to participate in such meetings, without the right to vote, whenever issues are discussed which he or she considers to be of relevance for the functioning of the European Public Prosecutor's Office.
Amendment 129 #
2013/0256(COD)
Proposal for a regulation
Article 16 – paragraph 7
Article 16 – paragraph 7
7. The European Public Prosecutor shall receive the agendas of all Executive Board meetings and shall be free to participate in such meetings, without the right to vote, whenever issues are discussed which he or she considers to be of relevance for the functioning of the European Public Prosecutor's Office.
Amendment 133 #
2013/0256(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The Administrative Director shall be appointed by the College from a list of candidates proposed by the Commission, following an open and transparent selection procedure. The selection committee shall include at least two College representatives. For the purpose of concluding the contract of the Administrative Director, Eurojust shall be represented by the President of the College.
Amendment 137 #
2013/0256(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The College, acting on a proposal from the Commission which takestaking into account the assessment referred to in paragraph 3, may extend once the term of office of the Administrative Director for no more than five years.
Amendment 139 #
2013/0256(COD)
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. The Administrative Director may be removed from the office only upon a decision of the College acting on a proposal from the Commission.
Amendment 140 #
2013/0256(COD)
Proposal for a regulation
Article 18 – paragraph 4 – point c
Article 18 – paragraph 4 – point c
(c) preparing the programming document and submitting it to the Executive Board and College after consultation of the Commission;
Amendment 163 #
2013/0256(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Eurojust shall treat any request for support emanating from the European Public Prosecutor's Office without undue delay, and shall deal with such requests, where appropriate, as if they had been received from a national authority competent for judicial cooperation.
Amendment 167 #
2013/0256(COD)
Proposal for a regulation
Article 41 – paragraph 6
Article 41 – paragraph 6
6. Eurojust shall designate and informand the European Public Prosecutor's Office shall decide which staff members shall be authorised to have access to the results of the cross-checking mechanism.
Amendment 26 #
2012/0060(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Many third countries are reluctant to open their public procurement and their concessions markets to international competition, or to open those markets further than what they have already done. As a result, Union economic operators face restrictive procurement practices in many of the trading partners of the Union. Those restrictive procurement practices result in the loss of substantial trading opportunities. In addition, a number of third countries have not ratified or are not implementing some of the international social and environmental conventions referred to in Article 18(2) of, and Annex X to, Directive 2004/24/EU of the European Parliament and of the Council1a, which is tantamount to a restrictive practice since Union economic operators are bound by those conventions, including when responding to an invitation to tender in a third country. Those restrictive procurement practices result in the loss of substantial trading opportunities. ___________ 1aDirective2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
Amendment 65 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘restrictive and/or discriminatory procurement measure or practice’ means any legislative, regulatory or administrative measure, procedure or practice, or combination thereof, adopted or maintained by public authorities or individual contracting authorities or contracting entities in a third country, that result in a serious and recurrent impairment of access of Union goods, services and/or economic operators to the public procurement or concession market of that country. or which result from the non- ratification or non-implementation by a third country of the international social and environmental conventions referred to in Article 18(2) of, and Annex X to, Directive 2014/24/EU;