BETA

1688 Amendments of Andrus ANSIP

Amendment 250 #

2023/2126(INI)

Motion for a resolution
Paragraph 1 – point s
(s) underline the need to deepen the EU-US cooperation in the Middle East while continueing the good bilateral engagements on our respective policies towards the Middle East Peace Process, as well as to continue to coordinate our efforts to encourage positive developments in the wider region, including the Abraham Accords;
2023/10/09
Committee: AFET
Amendment 38 #

2023/0108(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/881
Article 47 – paragraph 3 – point a
(a) the availability and the development of national cybersecurity certification schemes and international and industry standards covering a specific category of ICT products, ICT services, or ICT processes or managed security services and, in particular, as regards the risk of fragmentation;
2023/09/21
Committee: ITRE
Amendment 40 #

2023/0108(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) 2019/881
Article 49 – paragraph 7
7. The Commission, based on the candidate scheme prepared by ENISA, may adopt implementingdelegated acts providing for a European cybersecurity certification scheme for ICT products, ICT services, ICT processes and managed security services which meets the requirements set out in Articles 51, 52 and 54. (Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 66(2).;is amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2023/09/21
Committee: ITRE
Amendment 41 #

2023/0108(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) 2019/881
Article 49 – paragraph 7a (new)
7 a. Prior to adopting such delegated acts, the Commission, in cooperation with ENISA, shall carry out and publish an impact assessment of the proposed European cybersecurity certiciation scheme. While preparing the impact assessment, the Commission shall carry out public consultations and consultations with the SCCG and ECCG.
2023/09/21
Committee: ITRE
Amendment 47 #

2023/0108(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 14
1. Without prejudice to paragraph 3 of this Article, national cybersecurity certification schemes, and the related procedures for the ICT products, ICT services, ICT processes and managed security services that are covered by a European cybersecurity certification scheme shall cease to produce effects from the date established in the implementing act adopted pursuant to Article 49(7)delegated act. National cybersecurity certification schemes and the related procedures for the ICT products, ICT services, ICT processes and managed security services that are not covered by a European cybersecurity certification scheme shall continue to exist. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2023/09/21
Committee: ITRE
Amendment 79 #

2023/0085(COD)

Proposal for a directive
Recital 16
(16) The assessment made to substantiate explicit environmental claims needs to consider the life-cycle of the product or of the overall activities of the trader and should not omit any relevant environmental aspects or environmental impacts. The benefits claimed should not result in an unjustified transfer of negative impacts to other stages of the life cycle of a product or trader, or to the creation or increase of other negative environmental impacts and should be done in an EU harmonized and standardized way in order to minimize the risk of greenwashing, and to create predictability and a cost-efficient structure for the companies producing the products and traders.
2023/11/14
Committee: ENVIIMCO
Amendment 126 #

2023/0085(COD)

Proposal for a directive
Recital 32
(32) The Commission Recommendation (EU) 2021/2279 contains guidance on how to measure the life cycle environmental performance of specific products or organisations and how to develop Product Environmental Footprint Category Rules (PEFCRs) and Organisation Environmental Footprint Sectorial Rules (OEFSRs) that allow comparison of products to a benchmark. Such category rules for specific products or traders can be used to support the substantiation of claims in line with the requirements of this Directive. Therefore, the Commission should be empowered to adopt delegated acts to establish product group or sector specific rules where this may have added value. However, in case the Product Environmental Footprint method does not yet cover an impact category, which is relevant for a product group, the adoption of PEFCR may take place only once these new relevant environmental impact categories have been added. For example, as regards marine fisheries, the PEFCR should for example reflect the fisheries- specific environmental impact categories, in particular the sustainability of the targeted stock. Concerning space, the PEFCR should reflect defence and space- specific environmental impact categories, including the orbital space use. As regards food and agricultural products, biodiversity and nature protection, as well as farming practices, including positive externalities of extensive farming and animal welfare, should, for example, also be integrated before the adoption of PEFCR could be considered. As regards textiles, the PEFCR should for example reflect the microplastics release, before the adoption of PEFCR could be considered. To further develop the current PEF methodology and address its limitations, the Commission shall regularly update the methodology in order to reflect scientific progress.
2023/11/14
Committee: ENVIIMCO
Amendment 196 #

2023/0085(COD)

Proposal for a directive
Article 1 – paragraph 2 – introductory part
2. This Directive does not apply to environmental labelling schemes or to explicit environmental claims or to sustainability reporting regulated by or substantiated by rules established in:
2023/11/14
Committee: ENVIIMCO
Amendment 210 #

2023/0085(COD)

Proposal for a directive
Article 1 – paragraph 2 – point o a (new)
(o a) Directive (EU) 2022/2464 of the European Parliament and of the Council (CSDR);
2023/11/14
Committee: ENVIIMCO
Amendment 261 #

2023/0085(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 15 a (new)
(15 a) ‘widely recognized scientific evidence’ means evidence based on an international or national standard or on a scientifically valid reasoning which has either been subject to peer review and publication or has received widespread acceptance within a relevant scientific community with proven expertise on the topic;
2023/11/14
Committee: ENVIIMCO
Amendment 286 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point b
(b) rely on widely recognised scientific evidence, use accurate information and take into account relevant international standards such as the Environmental Footprint (PEF and OEF) based on PEFCRs or OEFSRs;
2023/11/14
Committee: ENVIIMCO
Amendment 357 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point i
(i) include primary information available for a product or to the trader for environmental impacts, environmental aspects or environmental performance, which are subject to the claim;
2023/11/14
Committee: ENVIIMCO
Amendment 471 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – introductory part
That information shall include at least the following, while protecting sensitive information and business secrets:
2023/11/14
Committee: ENVIIMCO
Amendment 523 #

2023/0085(COD)

2 a. The Commission shall adopt delegated acts according to Article 18 of this Directive establishing mandatory life- cycle based carbon footprint labelling scheme for product categories covered by PEFCRs. Along with the development of the PEF method and additional impact categories being introduced, the number of available PEFCRs will increase and complementary delegated acts should follow. This label shall be clearly visible for all consumers.
2023/11/14
Committee: ENVIIMCO
Amendment 540 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 2 – point d
(d) the requirements for the environmental labelling scheme have been developed by experts that can ensure their scientific robustness and have been submitted, where relevant and necessary, for consultation to a heterogeneous group of stakeholders that has reviewed them and ensured their relevance from a societal perspective;
2023/11/14
Committee: ENVIIMCO
Amendment 552 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1
From [OP: Please insert the date = the date of transposition of this Directive] no new national or regional environmental labelling schemes shall be established by public authorities of the Member States. However, national or regional environmental labelling schemes established prior to that date may continue to award the environmental labels on the Union market, provided they meet the requirements of this Directive.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 556 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2
From the date referred to in the first subparagraph, environmental labelling schemes may only be established under Union law.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 564 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 5
5. Member States shall ensure that environmental labelling schemes established by private operators after [OP: Please insert the date = the date of transposition of this Directive] are only approved if those schemes provide added value in terms of their environmental ambition, including notably their extent of coverage of environmental impacts, environmental aspects or environmental performance, or of a certain product group or sector and their ability to support the green transition of SMEs, as compared to the existing Union, national or regional schemes referred to in paragraph 3, and meet the requirements of this Directive. This procedure for approval of new environmental labelling schemes shall apply to schemes established by private operators in the Union and in third countries. Member States shall notify the Commission when new private schemes are approved.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 565 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1
Member States shall ensure that environmental labelling schemes established by private operators after [OP: Please insert the date = the date of transposition of this Directive] are only approved if those schemes provide added value in terms of their environmental ambition, including notably their extent of coverage of environmental impacts, environmental aspects or environmental performance, or of a certain product group or sector and their ability to support the green transition of SMEs, as compared to the existing Union, national or regional schemes referred to in paragraph 3, and meet the requirements of this Directive.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 578 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 5 – subparagraph 3
Member States shall notify the Commission when new private schemes are approved.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 583 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
In order to receive the approvals referred to in paragraphs 4 and 5, the operators of new environmental labelling schemes shall provide supporting documents setting out the following:
2023/11/14
Committee: ENVIIMCO
Amendment 584 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point c
(c) the evidence the scheme will provide added value as set out in in paragraph 4 for environmental labelling schemes established by public authorities in third countries, or in paragraph 5 for environmental labelling schemes established by private operators;
2023/11/14
Committee: ENVIIMCO
Amendment 594 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 7
7. The Commission shall publish and keep-up-to date a list of officially recognised environmental labels thatenvironmental labelling schemes that comply with this Directive and are allowed to be used on the Union market after [OP: Please insert the date = the date of transposition of this Directive] pursuant to paragraphs 3, 4 and 5.
2023/11/14
Committee: ENVIIMCO
Amendment 602 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 8 – subparagraph 1 – point a
(a) provide detailed requirements for approval of environmental labelling schemes pursuant to the criteria referred to in paragraphs 4 and 5;
2023/11/14
Committee: ENVIIMCO
Amendment 606 #

2023/0085(COD)

Proposal for a directive
Article 9 – paragraph 1
Member States shall ensure that the information used for substantiation of explicit environmental claims is reviewed and updated by traders when there are circumstances that may affect the accuracy of a claim, and no later than 5 years from the date when the information referred to in Article 5(6) is provided. In the review, the trader shall revise the used underlying information to ensure that the requirements of Articles 3 and 4 are fully complied with. The trader shall not be obliged to review the substantiation nor reapply for certification in case of minor changes to the text of the claim without major impact on the nature of the claim.
2023/11/14
Committee: ENVIIMCO
Amendment 642 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 5
5. For the purposes of the verification the verifier shall take into account the nature and content of the explicit environmental claim or the environmental label. In case of environmental claims and environmental labels based on product specific and sectoral category rules developed pursuant to Article 3(4)(c) and 5(8), where such rules already foresee third-party verification, simplified requirements to obtain the certificate of conformity shall be set out in those delegated acts.
2023/11/14
Committee: ENVIIMCO
Amendment 653 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 7
7. The certificate of conformity shall be recognised by the competent authorities responsible for the application and enforcement of this Directive. Member States shall notify the list of certificates of conformity via the Internal Market Information System established by Regulation (EU) No 1024/2012. Once a certificate of conformity is delivered and notified, the labelling scheme or the environmental claim can be used within the Union.
2023/11/14
Committee: ENVIIMCO
Amendment 691 #

2023/0085(COD)

Proposal for a directive
Article 11 – paragraph 3 a (new)
3 a. Member States shall ensure that measures adopted in accordance with this Directive are without prejudice to the protection of business information (trade secrets) foreseen in Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016.
2023/11/14
Committee: ENVIIMCO
Amendment 725 #

2023/0085(COD)

Proposal for a directive
Article 15 – paragraph 3
3. Where, further to the evaluation referred to in the first subparagraph, the competent authorities find that the substantiation and communication of the explicit environmental claim or the environmental labelling scheme does not comply with the requirements laid down in this Directive, they shall notify the trader making the claim about the non- compliance prior to publishing the report mentioned in Article 15(1) and require that trader to take all appropriate corrective action within 30 days to bring the explicit environmental claim or the environmental labelling scheme into compliance with this Directive or to cease the use of and references to the non-compliant explicit environmental claim. Such action shall be as effective and rapid as possible, while complying with the principle of proportionality and the right to be heard.
2023/11/14
Committee: ENVIIMCO
Amendment 762 #

2023/0085(COD)

Proposal for a directive
Article 17 – paragraph 3
3. Member States shall provide that penalties and measures for infringements of this Directive shall include: (a) fines which effectively deprive those responsible of the economic benefits derived from their infringements, and increasing the level of such fines for repeated infringements; (b) confiscation of revenues gained by the trader from a transaction with the relevant products concerned; (c) temporary exclusion for a maximum period of 12 months from public procurement processes and from access to public funding, including tendering procedures, grants and concessions. For the purposes of point (a), Member States shall ensure that when penalties are to be imposed in accordance with Article 21 of Regulation (EU) 2017/2394115 , the maximum amount of such fines being at least at 4 % of the trader’s annual turnover in the Member State or Member States concerned. _________________ 115 OJ L 345, 27.12.2017, p. 1.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 767 #

2023/0085(COD)

Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 – point b
(b) confiscation of revenues gained by the trader from a transaction with the relevant products concerndeleted;
2023/11/14
Committee: ENVIIMCO
Amendment 769 #

2023/0085(COD)

Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 – point c
(c) temporary exclusion for a maximum period of 12 months from public procurement processes and from access to public funding, including tendering procedures, grants and concessions.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 787 #

2023/0085(COD)

Proposal for a directive
Article 21 – paragraph 2 – point c
(c) ensuring that new private environmental labelling schemes concerning products or traders already covered by existing schemes are approved by the Member States only if they provide added value as compared to the existing schemes;deleted
2023/11/14
Committee: ENVIIMCO
Amendment 788 #

2023/0085(COD)

Proposal for a directive
Article 21 – paragraph 2 – point c
(c) ensuring that new private environmental labelling schemes concerning products or traders already covered by existing schemes are approved by the Member States only if they provide added value as compared to the existing schemes;deleted
2023/11/14
Committee: ENVIIMCO
Amendment 791 #

2023/0085(COD)

Proposal for a directive
Article 21 – paragraph 3 – point b
(b) facilitating transition towards toxic free environment by considering introducing a prohibition of environmental claims for products containing hazardous substances except where their use is considered essential for the society in line with the criteria to be developed by the Commission;deleted
2023/11/14
Committee: ENVIIMCO
Amendment 794 #

2023/0085(COD)

Proposal for a directive
Article 21 – paragraph 3 – point b
(b) facilitating transition towards toxic free environment by considering introducing a prohibition of environmental claims for products containing hazardous substances except where their use is considered essential for the society in line with the criteria to be developed by the Commissionclassified as hazardous due to their germ cell mutagenic, carcinogenic, toxic to reproduction, endocrine disruption for human health or the environment, persistent, bioaccumulative and toxic (PBT), very persistent, very bioaccumulative (vPvB), persistent, mobile and toxic (PMT), or very persistent, very mobile (vPvM) properties;
2023/11/14
Committee: ENVIIMCO
Amendment 803 #

2023/0085(COD)

Proposal for a directive
Article 21 – paragraph 3 a (new)
3 a. As part of the evaluation referred to in paragraph 1, and in order to ensure a level playing field, the Commission shall carry out an impact assessment on the measures established for micro and small enterprises in Articles 4, 5, 10 and 12, and consider their review after this Directive is implemented.
2023/11/14
Committee: ENVIIMCO
Amendment 804 #

2023/0085(COD)

Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1
Member States shall adopt and publish by [OP please insert the date = 1830 months after the date of entry into force of this Directive] the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately communicate the text of those measures to the Commission.
2023/11/14
Committee: ENVIIMCO
Amendment 817 #

2023/0085(COD)

Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
They shall apply those measures from [OP please insert the date = 2436 months after the date of entry into force of this Directive].
2023/11/14
Committee: ENVIIMCO
Amendment 13 #

2022/2058(INI)

Motion for a resolution
Recital C a (new)
C a. whereas harmonised standards may be used to confer a presumption that products to be made available on the market are in conformity with the essential requirements that are laid down in the relevant Union harmonisation legislation for those products when they comply with the harmonised standards;
2023/02/02
Committee: IMCO
Amendment 45 #

2022/2058(INI)

Motion for a resolution
Paragraph 4
4. Supports the launch of the High- Level Forum for Standardisation and the desire to broaden the range of voices heard when identifying standardisation needs, planning future activities and coordinating approaches in standardisation bodies; underlines that this expert group should include a diverse range of stakeholders, including SME associations, without losing sight of the bottom-up, market- driven nature of standardisation activities;
2023/02/02
Committee: IMCO
Amendment 52 #

2022/2058(INI)

Motion for a resolution
Paragraph 6
6. Welcomes the creation of an EU excellence hub on standards and the appointment of a chief standardisation officer (CSO) in the Commission; believes that this position and the hub, as a resource, should lead to greater consistency across the Commission in terms of standardisation requests and the preparation andtimely adoption of standards and legislative provisions with relevance to standardisation as well as the consistent application of the New Legislative Framework; considers that the person holding this oversight function should be an important interlocutor for Parliament, enabling the technical scrutiny of the Commission’s standardisation activities;
2023/02/02
Committee: IMCO
Amendment 59 #

2022/2058(INI)

Motion for a resolution
Paragraph 7
7. Believes that the Commission should, in consultation with the European Standardisation Organisations, establish a clear set of key performance indicators on the aspects of standardisation within its remit;
2023/02/02
Committee: IMCO
Amendment 78 #

2022/2058(INI)

Motion for a resolution
Paragraph 11
11. Stresses that there may be inherent limits to speeding up the standardisation process, as the preparation of standards, citation of harmonised standards and industry implementation of those standards all add time before market adoption; recognises that it may be easier to accelerate administrative tasks, such as citation in the Official Journal, but that the unduly rushed preparation or deployment of standards creates challenges for all stakeholders, including national authorities; encourages the Commission, in conjunction with improvements to its own internal processes, to continue working with the ESOs on ways of achieving timely delivery, including consideration of the most suitable standardisation deliverable depending on the needearly exchange of information on the content and feasibility of planned standardization requests and the consideration of the most suitable standardisation deliverable depending on the need; welcomes the action plan of the Task Force “Timely European Standards for a Green and Digital, Single and Global Market” between the Commission, EFTA and the ESOs;
2023/02/02
Committee: IMCO
Amendment 90 #

2022/2058(INI)

Motion for a resolution
Paragraph 12
12. Considers that an evaluation of Regulation (EU) 1025/2012 may identify areas where further efforts with the option of a reform, isf deemed necessary, are needed beyond the targeted amendment already introduced by the Commission; considers that the role, participation and input of relevant stakeholders, including those representing, inter alia, SMEs and environmental, social and consumer interests, should be evaluated and strengthened where such reforms may be beneficial and complementary to work envisaged by the ESOs following the Commission’s call for them to present proposals to reform their own internal governance;
2023/02/02
Committee: IMCO
Amendment 96 #

2022/2058(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Highlights the role of SME participation in the standardisation process and believes it should be increased and improved, especially in international standardisation; calls for sufficient financial support to be provided to facilitate the participation of SMEs and SME associations and to make use of existing tools and guidance that take into account the needs and interests of SMEs;
2023/02/02
Committee: IMCO
Amendment 107 #

2022/2058(INI)

Motion for a resolution
Paragraph 14
14. Recognises the need for a consistent approach towards technical or common specifications, in particular as different legislative processes mare currently giveing rise to divergent provisions; considers, therefore, that this mechanism should only be used in exceptional circumstances and only while relevant standards do not existhighlights the importance of linkage between common specifications and existing European and international standards in order to ease compliance, especially for small and medium sized companies; considers, therefore, that this mechanism should only be used in exceptional cases where the Commission has requested one or more European standardization organisations (ESOs) to draft a harmonised standard and there are undue delays in the standardisation procedure or the request hast, without reason, not been accepted, only after consultation with the ESOs and only when relevant standards do not exist and are not expected to be published within a reasonable period; expresses concern about technicalcommon specifications concerning, among other things, respect for fundamental rights, where recourse to implementing acts affects the co- legislators’ powers of scrutiny; stresses the need for a harmonized approach towards common specifications throughout different Union legislative acts;
2023/02/02
Committee: IMCO
Amendment 118 #

2022/2058(INI)

Motion for a resolution
Paragraph 15
15. Considers that divergent regulatory outcomes may also affect the standardisation process more generally, owing to differing terminology, the lack of standard clauses for standardisation requests and difficulties in ex ante oversight; underlines that this problem is even more significant where standards are relevant for more than one regulatory act; believes that a common approach or formalised agreement between the Commission and the co-legislators could be explored in order to streamline the preparation of standards and detailed conditions for technicalcommon specifications;
2023/02/02
Committee: IMCO
Amendment 129 #

2022/2058(INI)

Motion for a resolution
Paragraph 17
17. Emphasises that prioritising standardisation matters in cooperation with third countries in bi-, multi- and pluri- lateral settings is also important to ensure that like-minded, inclusive approaches towards standardisation can prevail at international level and foster cooperation between likeminded democratic partners; encourages, in this regard, the Commission and the CSO to develop key performance indicators to monitor commitments on standardisation between the Union and third countries in consultation with the European standardisation organisations;
2023/02/02
Committee: IMCO
Amendment 142 #

2022/2058(INI)

Motion for a resolution
Paragraph 18 a (new)
18 a. Underlines that the European Commission should promote the New Legislative Framework, the use and integration of international standards and coordination among all actors, through Free Trade Agreements and in particular with regard to the Global Gateway;
2023/02/02
Committee: IMCO
Amendment 179 #

2022/0278(COD)

Proposal for a regulation
Recital 1
(1) Past crises, especially the early days of the COVID-19 pandemic, have shown that the internal market (also referred to as the Single Market and its supply chains can be severely affected by such crises, and appropriate crisis management tools and coordination mechanisms are either lacking, do not cover all aspects of the Single market or do not allow for a timely response to such impacts.
2023/03/31
Committee: IMCO
Amendment 183 #

2022/0278(COD)

Proposal for a regulation
Recital 2
(2) The Union was not sufficiently prepared to ensure efficient manufacturing, procurement and distribution of crisis- relevant non-medical goods such as personal protective equipment, especially in the early phase of the COVID-19 pandemic and the ad-hoc measures taken by the Commission in order to re-establish the functioning of the Single Market and to ensure the availability of crisis-relevant non-medical goods during the COVID-19 pandemic were necessarily reactive The pandemic also revealed insufficient overview of manufacturing capacities across the Union as well as vulnerabilities related to the global supply chains.
2023/03/31
Committee: IMCO
Amendment 186 #

2022/0278(COD)

Proposal for a regulation
Recital 3
(3) Actions by the Commission were delayed by several weeks due to the lack of any Union wide contingency planning measures and of clarity as to which part of the national administration to contact to find rapid solutions to the impact on the Single Market being cause by the crisis. In addition, it became clear that uncoordinated restrictive actions taken by the Member States would further aggravate the impacts of the crisis on the Ssingle market. It emerged that there is a need for arrangements between the Member States and Union authorities as regards contingency planning, technical level coordination and cooperation and information exchange.
2023/03/31
Committee: IMCO
Amendment 190 #

2022/0278(COD)

Proposal for a regulation
Recital 5
(5) These recent events have also highlighted the need for the Union to be better prepared for possible future crises, especially as we consider the continuing effects of climate change and resulting natural disasters as well as global economic and geopolitical instabilities. Given the fact that it is not known which kind of crises could come up next and produce severe impacts on the Single Market and its supply chains in the future, it is necessary to provide for an instrument that would apply with regards to impacts ondisrupting the Single Market of a wide range of crises by safeguarding the free movement of goods, services and persons and which facilitates access to crisis-relevant goods and services in the Single Market.
2023/03/31
Committee: IMCO
Amendment 193 #

2022/0278(COD)

Proposal for a regulation
Recital 6
(6) The impact of a crisis on the Single Market can be two-fold. On the one hand, a crisis can lead to obstacles to free movement within the Single Market, thus disrupting its normal functioning. On the other hand, a crisis can amplify shortages of crisis-relevant goods and services on the Single Market. The Regulation should address both types of impacts on the Single Market.
2023/03/31
Committee: IMCO
Amendment 197 #

2022/0278(COD)

Proposal for a regulation
Recital 7
(7) Since any specific aspects of future crises that would impact the Single Market and its supply chains are hard to predict, this Regulation should provide for a general framework for anticipating, preparing for, mitigating and minimising the negative impacts which any crisis may cause on the Single Market and its supply chains. .
2023/03/31
Committee: IMCO
Amendment 200 #

2022/0278(COD)

Proposal for a regulation
Recital 9
(9) To this end, this Regulation provides: — continued functioning of the Single Market, the businesses that operate on the Single Market and its strategic supply chains, including the free circulation of goods, services and persons in times of crisis and the availability of crisis relevant goods and services to citizens, businesses and public authorities at the time of crisis; — coordination, cooperation and exchange of information; and — accessibility and availability of the information which is needed for a targeted response and adequate market behaviour by businesses and citizens during a crisis.deleted the necessary means to ensure the a forum for adequate the means for the timely
2023/03/31
Committee: IMCO
Amendment 210 #

2022/0278(COD)

Proposal for a regulation
Recital 10
(10) Where possible, this Regulation should allow for anticipation of events and crises, building on on-going analysis concerning strategcritically important areas of the Single Market economy and the Union’s continuous foresight work before any emergency is declared.
2023/03/31
Committee: IMCO
Amendment 217 #

2022/0278(COD)

Proposal for a regulation
Recital 16
(16) In order to account for the exceptional nature of and potential far- reaching consequences for the fundamental operation of the Singe Market of a Single Market emergency, implementing powers should exceptionally be conferred on the Council for the activation of Single Market emergency mode pursuant to Article 2891(2) of the Treaty on the Functioning of the European Union.
2023/03/31
Committee: IMCO
Amendment 220 #

2022/0278(COD)

Proposal for a regulation
Recital 18
(18) As regards the measures for re- establishing and facilitating free movement of persons and any other measures affecting the free movement of persons provided under this Regulation, they are based on Article 21 TFEU and complement Directive 2004/38/EC without affecting its application at the time of Single Market emergencies. Such measures should not result in authorising or justifying restrictions to free movement contrary to the Treaties or other provisions of Union law and instead set down measures which are not acceptable under Union law, before, during, or after a Single Market emergency.
2023/03/31
Committee: IMCO
Amendment 222 #

2022/0278(COD)

Proposal for a regulation
Recital 19
(19) Article 45 TFEU lays down the right to free movement of workers, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. This Regulation contains provisions which complement the existing measures in order to reinforce free movement of persons, increase transparency and provide administrative assistance during Single Market emergencies. Such measures include setting up and making available of the single points of contact to workers and their representatives in the Member States and at Union level during the Single Market vigilance and emergency modes under this regulationemergency mode under this regulation. Member States and the Commission are encouraged to use existing intruments for the set up and operation of these contact points. Such contact points should be active even outside the emergency mode and should serve to help communication between the Member States and with the steering board.
2023/03/31
Committee: IMCO
Amendment 226 #

2022/0278(COD)

Proposal for a regulation
Recital 20
(20) If Member States adopt measures affecting free movement of goods or persons, goods or the freedom to provide services in preparation for and during Single Market emergencies, they should limit such measures to what is necessary and remove them as soon as the situation allows it. Such measures should respect the principles of proportionality and non- discrimination and should take into consideration the particular situation of border regions.deleted
2023/03/31
Committee: IMCO
Amendment 233 #

2022/0278(COD)

Proposal for a regulation
Recital 22
(22) When examining the compatibility of any notified draft or adopted measures with the principle of proportionality, the Commission should pay due regard to the evolving crisis situation and often limited information that is at the disposal of the Member States when they seek to reduce the emerging risks in the context of the crisis. Where justified and necessary in the circumstances, the Commission may consider based on any available information, including specialised or scientific information, the merits of Member State arguments relying on the precautionary principle as a reason for adoption of free movement of persons restrictions. It is the task of the Commission to ensure that such measures comply with Union law and do not create unjustified obstacles to the functioning of the Single Market. The Commission should react to the notifications of Member States as quickly as possible, taking into account the circumstances of the particular crisis, and at the latest within the time-limits set out by this Regulation. Where it is needed and it is clear that a measure is likely to not comply with Union law, the Commission should be able to suspend the application of measures already adopted. To wait for the full notification procedure would endanger the fundament rights of European citizens and businesses by creating potentially illegal barriers and therefore only increasing the harm of an emergency.
2023/03/31
Committee: IMCO
Amendment 237 #

2022/0278(COD)

Proposal for a regulation
Recital 23
(23) In order to ensure that the specific Single Market emergency measures provided for in this Regulation are used only where this is indispensable for responding to a particular Single Market emergency, such measures should require individual activation by means of Commission implementing actsimplementing powers should exceptionally be conferred on the Council for the individual activation of such measures pursuant to Article 291(2) of the Treaty on the Functioning of the European Union, which indicate the reasons for such activation and the crisis- relevant goods or services that such measures apply to.
2023/03/31
Committee: IMCO
Amendment 241 #

2022/0278(COD)

Proposal for a regulation
Recital 24
(24) Furthermore, in order to ensure the proportionality of the implementing acts and due respect for the role of economic operators in crisis management, the Commissionuncil should only resort to the activation of the Single Market emergency mode, where economic operators are not able to provide a solution on a voluntary basis within a reasonable time. Why this is the case should be indicated in each such act, and in relation to all particular aspects of a crisis.
2023/03/31
Committee: IMCO
Amendment 244 #

2022/0278(COD)

Proposal for a regulation
Recital 26
(26) The activation of the Single Market emergency mode, where needed, should also trigger the application of certain crisis- response procedures which introduce adjustments to the rules governing the design, manufacture, conformity assessment and the placing on the market of goods subject to Union harmonised rules. These crisis-response procedures should enable products, designated as crisis-relevant goods to be placed swiftly on the market in an emergency context. The conformity assessment bodies should prioritise the conformity assessment of crisis-relevant goods over any other ongoing applications for other products. On the other hand, in cases, where there are undue delays in the conformity assessment procedures, the national competent authorities should be able to issue authorisations for products, which have not undergone the applicable conformity assessment procedures to be placed on their respective market, provided that they comply with the applicable safety requirements. Such authorisations shall be only valid on the territory of the issuing Member State and limited to the duration of the Single Market emergency. In addition, in order to facilitate the increase in supply of crisis- relevant products, certain flexibilities should be introduced with respect to the mechanism of presumption of conformity. In the context of a Single Market emergency, the manufacturers of crisis- relevant goods should be able to rely also on national and international standards, which provide an equivalent level of protection to the harmonised European standards. In cases where the later do not exist or the compliance with them is rendered excessively difficult by the disruptions to the Single Market, the Commission should be able to issue common technical specifications of voluntary or of mandatory application in order to provide ready-to-use technical solutions to the manufacturers.
2023/03/31
Committee: IMCO
Amendment 246 #

2022/0278(COD)

Proposal for a regulation
Recital 28
(28) In cases where there are substantial risks to the functioning of the Single Market or in cases of severe shortages or an exceptionally high demand of goods of strategic importance, measures at Union level aimed to ensure the availability of crisis-relevant products, such as priority rated orders, may prove to be indispensable for the return to the normal functioning of the Single Market.
2023/03/31
Committee: IMCO
Amendment 248 #

2022/0278(COD)

Proposal for a regulation
Recital 29
(29) In order to leverage the purchasing power and negotiating position of the Commission during the Single Market vigilance mode and the Single Market emergency mode, Member States should be able to request the Commission to procure on their behalf.
2023/03/31
Committee: IMCO
Amendment 252 #

2022/0278(COD)

Proposal for a regulation
Recital 32
(32) Additionally, to ensure that crisis- relevant goods are available during the Single Market emergency, the Commission may invite the economic operators that operate in crisis-relevant supply chains to prioritise the orders of inputs necessary for the production of final goods that are crisis relevant, or the orders of such final goods themselves. Should an economic operator refuse to accept and prioritise such orders, following objective evidence that the availability of crisis-relevant goods is indispensable, the Commission may decide to invite the economic operators concerned to accept and prioritise certain orders, the fulfilment of which will then take precedence over any other private or public law obligations. In the event of failure to accept, the operator in question should explain its legitimate reasons for declining the request. The Commission may make such reasoned explanation or parts of it public, with due regard to business confidentiality.
2023/03/31
Committee: IMCO
Amendment 257 #

2022/0278(COD)

Proposal for a regulation
Recital 35
(35) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the possibility to adopt supportive measures for facilitating free movement of persons, for establishing a list of individual targets (quantities and deadlines) for those strategic reserves that the Member States should maintain, so that the objectives of the initiative are achieved. Furthermore. Moreover, implementing powers should be conferred on the Commission as regards activating the vigilance mode and vigilance measures in order to carefully monitor the strategic supply chains and coordinate the building up of strategic reserves for goods and services of strategic importance. Moreover, implementing powers should be conferred on the Commissionuncil as regards activation of specific emergency response measures at the time of a Single Market emergency, to allow for a rapid and coordinated response. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
2023/03/31
Committee: IMCO
Amendment 269 #

2022/0278(COD)

Proposal for a regulation
Recital 38
(38) The Union framework shall include interregional elements to establish coherent, multi-sectoral, cross-border Single Market vigilance and emergency response measures, in particular considering the resources, capacities and vulnerabilities across neighbouring regions, specifically border regions.
2023/03/31
Committee: IMCO
Amendment 271 #

2022/0278(COD)

Proposal for a regulation
Recital 39
(39) The Commission shall also where appropriate enter into consultations or cooperation, on behalf of the Union, with relevant third countries, with particular attention paid to developing countries, with a view to seeking cooperative solutions to address supply chain disruptions, in compliance with international obligations. This shall involve, where appropriate, coordination in relevant international fora.deleted
2023/03/31
Committee: IMCO
Amendment 273 #

2022/0278(COD)

Proposal for a regulation
Recital 40
(40) In order to put in place a framework of crisis protocols the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement the regulatory framework set out in this Regulation by further specifying the modalities of cooperation of the Member States and Union authorities during the Single Market vigilance and emergency modes, secure exchange of information and risk and crisis communication. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
2023/03/31
Committee: IMCO
Amendment 277 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes a framework of measures to anticipate, prepare for and respond toaddress the impacts of crises ondisrupting the Single Market, with the purpose of safeguarding the free movement of goods, services and persons and of ensuring the availability of goods and services of strategic importance andfacilitating access to crisis- relevant goods and services in the Single Market.
2023/03/31
Committee: IMCO
Amendment 280 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. The measures referred to in paragraph 1 include: (a) Commission on the appropriate measures for anticipating, preventing or responding to the impact of a crisis on the Single Market; (b) and exchanging the relevant information; (c) anticipation and planning; (d) Market impacts of significant incidents that have not yet resulted in a Single Markedeleted an advisory group to advise the measures for obtaining, sharing contingency measures aiming at emergency (Single Market vigilance), including a set of vigilance measures and (e) Market emergencies, including a set of emergency response measures.asures for addressing Single measures for addressing Single
2023/03/31
Committee: IMCO
Amendment 284 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a
(a) an advisory group to advise the Commission on the appropriate measures for anticipating, steering board to decide whether sufficient evidence exists in order to trigger measures for preventing or responding to the impact of a crisis on the Single Market;
2023/03/31
Committee: IMCO
Amendment 288 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point c
(c) contingency measures aiming at anticipationto prepare and planning;
2023/03/31
Committee: IMCO
Amendment 289 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point d
(d) measures for addressing Single Market impacts of significant incidents that have not yet resulted in a Single Market emergency (Single Market vigilance), including a set of vigilance measures andeleted
2023/03/31
Committee: IMCO
Amendment 295 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. Member States shall regularly exchange information on all matters falling within the scope of this Regulation among themselves and with the Commission.deleted
2023/03/31
Committee: IMCO
Amendment 300 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 4
4. The Commission may obtain any relevant specialised and/or scientific knowledge, which is necessary for the application of this Regulation.deleted
2023/03/31
Committee: IMCO
Amendment 307 #

2022/0278(COD)

Proposal for a regulation
Article 2 – paragraph 1
1. The measures set out in this Regulation apply in relation to significant impacts of a crisis on the functioning of the Single Market and its supply chainsternal market.
2023/03/31
Committee: IMCO
Amendment 312 #

2022/0278(COD)

Proposal for a regulation
Article 2 – paragraph 6
6. This Regulation is without prejudice to the Commission: (a) cooperation, on behalf of the Union, with relevant third countries, with particular attention paid to developing countries, with a view to seeking cooperative solutions to avoid supply chain disruptions, in compliance with international obligations. This may involve, where appropriate, coordination in relevant international fora; or (b) to impose restrictions to exports of goods in ldeleted entering into consultations or assessineg with the international rights and obligations of the Union under Regulation (EU) 2015/479 of the European Parliament and of the Council48 . __________________ 48 OJ L 83, 27.3.2015, p. 34.hether it is appropriate
2023/03/31
Committee: IMCO
Amendment 313 #

2022/0278(COD)

Proposal for a regulation
Article 2 – paragraph 6 – point a
(a) entering into consultations or cooperation, on behalf of the Union, with relevant third countries, with particular attention paid to developing countries, with a view to seeking cooperative solutions to avoid supply chain disruptions, in compliance with international obligations. This may involve, where appropriate, coordination in relevant international fora; ordeleted
2023/03/31
Committee: IMCO
Amendment 314 #

2022/0278(COD)

Proposal for a regulation
Article 2 – paragraph 6 – point b
(b) assessing whether it is appropriate to impose restrictions to exports of goods in line with the international rights and obligations of the Union under Regulation (EU) 2015/479 of the European Parliament and of the Council48 . __________________ 48 OJ L 83, 27.3.2015, p. 34.deleted
2023/03/31
Committee: IMCO
Amendment 323 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘crisis’ means an exceptional unexpected and sudden, natural or man- made major event of extraordinary nature and scale that takes place inside or outside of the Uniendangers the general interest objectives of the Union by creating a significant adverse impact on the free movement of goods, services or persons;
2023/03/31
Committee: IMCO
Amendment 325 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
(1 a) ‘major event’ means an event which is likely to pose a serious risk to the free movement of goods, services or persons in more than one Member State, to affect the supply of or demand for critical products or services, to lead to shortages in more than one Member State and which necessitates urgent coordination at Union level in order to ensure the freedoms of the internal market;
2023/03/31
Committee: IMCO
Amendment 327 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 2
(2) ‘Single Market vigilance mode’ means a framework for addressing a threat of significant disruption of the supply of goods and services of strategic importance and which has the potential to escalate into a Single Market emergency within the next six months;deleted
2023/03/31
Committee: IMCO
Amendment 335 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3
(3) ‘Single Market emergency’ means a wide-ranging impact of a crisis on the Single Mternal market that severely disrupts the free movement on the Single Market or thef goods, services or persons or severely disrupts the cross- border functioning of the supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Marketof critial goods and services between more than one Member State;
2023/03/31
Committee: IMCO
Amendment 340 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 4
(4) ‘strategcritically important areas’ means those areas with critical importance to the Union and its Member States, in that they are of systemic and vital importance for public security, public safety, public order or public health, and the disruption, failure, loss or destruction of which would have a significant impact on the functioning of the Single Market;
2023/03/31
Committee: IMCO
Amendment 345 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 5
(5) ‘goods and services of strategiccritical importance’ means goods and services that are indispensable for ensuring the functioning of the Single Market in strategcritically important areas and which cannot be substituted or diversified;
2023/03/31
Committee: IMCO
Amendment 350 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 7
(7) ‘strategic reserves’ means a stock of goods of strategiccritical importance for which building a reserve may be necessary to prepare for a Single Market emergency, under the control of a Member State.
2023/03/31
Committee: IMCO
Amendment 354 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
(7 a) 'economic operator' means the manufacturer, the authorised representative, the importer and the distributor as defined in Regulation 765/2008/EC or a provider who offers or provides a service as defined in Directive 2006/123/EC;
2023/03/31
Committee: IMCO
Amendment 358 #

2022/0278(COD)

Proposal for a regulation
Article 4 – title
Advisory groupSteering Board
2023/03/31
Committee: IMCO
Amendment 359 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. An advisory group steering board is established.
2023/03/31
Committee: IMCO
Amendment 361 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. The advisory groupsteering board shall be composed of one representative from each Member State. Each Member State shall nominate a representative and an alternate representative, three representatives of the European Parliament and two representatives of the European Economic and Social Committee, respresenting the social partners. The representatives of the European Parliament shall represent the majority of its members. Each steering board member shall also nominate an alternate representative. The representatives of the European Economic and Social Committee shall have no voting rights.
2023/03/31
Committee: IMCO
Amendment 370 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. The Commission shall chair the advisory groupsteering board and ensure its secretariat. The Commissionsteering board may invite additional representatives of the European Parliament, representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area49 , representatives of economic operators, stakeholder organisations, social partners and experts, to attend meetings of the advisory groupsteering board as observers. It shall invite the representatives of other crisis- relevant bodies at Union level as observers to the relevant meetings of the advisory groupsteering board. __________________ 49 OJ L 1, 3.1.1994, p. 3.
2023/03/31
Committee: IMCO
Amendment 380 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 4 – introductory part
4. For the purpose of contingency planning under Articles 6 to 8, the advisorysteering group shall assist, with the anid adviseof the Commission as regards, carry out the following tasks:
2023/03/31
Committee: IMCO
Amendment 381 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 4 – point a
(a) proposinge arrangements for administrative cooperation between the Commission and the Member States at the time of the Single Market vigilance and emergency modes that would be contained in the crisis protocols under Article 6;
2023/03/31
Committee: IMCO
Amendment 383 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 4 – point b
(b) assessingment of significant incidents evidence of a potential internal market emergency that the Member States or other parties have alerted the Commission to.
2023/03/31
Committee: IMCO
Amendment 390 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 5
5. For the purpose of of the Single Market vigilance mode as referred to in Article 9, the advisory group shall assist the Commission in the following tasks: (a) referred to in Article 3(2) is present, and the scope of such threat; (b) and market intelligence; (c) economic operators, including SMEs, and industry to collect market intelligence; (d) analysing aggregated data received by other crisis-relevant bodies at Union and international level; (e) of information, including with other relevant bodies and other crisis-relevant bodies at Union level, as well asthird countries, as appropriate, with particular attention paid to developing countries, and international organisations; (f) national and Union crisis measures that have been used in previous crises that have had an impact on the Single Market and its supply chainsdeleted establishing whether the threat gathering foresight, data analysis consulting the representatives of facilitating exchanges and sharing maintaining a repository of
2023/03/31
Committee: IMCO
Amendment 395 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 5 – point b
(b) gathering foresight, data analysis and market intelligence;deleted
2023/03/31
Committee: IMCO
Amendment 403 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 6 – introductory part
6. For the purposes of the Single Market emergency mode as referred to in Article 14, the advisory group shall assist the Commission insteering board shall carry out the following tasks:
2023/03/31
Committee: IMCO
Amendment 405 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 6 – point -a (new)
(-a) consulting the representatives of economic operators, including SMEs, and industry to collect market intelligence;
2023/03/31
Committee: IMCO
Amendment 407 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 6 – point a
(a) analysinge crisis-relevant information gathered by Member States or, EEA states, economic operators and the Commission;
2023/03/31
Committee: IMCO
Amendment 409 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 6 – point b
(b) establishingdecide whether the criteria for activation or deactivation of the emergency mode have been fulfilled; and that there is sufficient and reliable evidence to support that conclusion;
2023/03/31
Committee: IMCO
Amendment 412 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 6 – point c
(c) advisinge on the implementation of the measures chosen to respond to Single Market emergency at Union level;
2023/03/31
Committee: IMCO
Amendment 413 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 6 – point d
(d) performing a review of national crisis measures;
2023/03/31
Committee: IMCO
Amendment 415 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 6 – point e
(e) facilitatinge exchanges and sharing of information, including with other crisis- relevant bodies at Union level, as well as, as appropriate, third countries, with particular attention paid to developing countries, and international organisations.
2023/03/31
Committee: IMCO
Amendment 418 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 7
7. The Commissionsteering board shall ensure the participation of all bodies at Union level that are relevant to the respective crisis. The advisory groupsteering board shall cooperate and coordinate closely, where appropriate, with other relevant crisis-related bodies at Union level. The Commission shall ensure coordination with the measures implemented through other Union mechanisms, such as the Union Civil Protection Mechanism (UCPM) or the EU Health Security Framework. The advisory group shall ensure information exchange with the Emergency Response Coordination Centre under the UCPM.
2023/03/31
Committee: IMCO
Amendment 422 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 8
8. The advisory groupsteering board shall meet at least three times a year. At its first meeting, on a proposal by and in agreement with the Commission, the advisory groupsteering board shall adopt its rules of procedure.
2023/03/31
Committee: IMCO
Amendment 426 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 9
9. The advisory group may adoptsteering board may adopt decisions, opinions, recommendations or reports in the context of its tasks set out in paragraphs 4 to 6.
2023/03/31
Committee: IMCO
Amendment 434 #

2022/0278(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. The Commission shall designate a Union level central liaison office for contacts with the central liaison offices of the Member States during the Single Market vigilance and emergency modes under this Regulation. The Union level central liaison office shall ensure the coordination and information exchange with the central liaison offices of the Member States for the management of the Single Market vigilance and emergency modes.
2023/03/31
Committee: IMCO
Amendment 438 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 1 – introductory part
1. The Commission taking intodue consideration of the opinion of the advisory groupand recommendation of the steering board and the input of relevant Union level bodies, is empowereand after consulting the Member States, is empowered to adopt a delegated act to supplement this Regulation with a framework setting out crisis protocols regarding crisis cooperation, exchange of information and crisis communication for the Single Market vigilance and emergency modes, in particular:
2023/03/31
Committee: IMCO
Amendment 440 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) cooperation between national and Union level competent authorities for the management of the Single Market vigilance and emergency modes in vigilance and emergency modes across the sectors of the Single Marketemergency mode;
2023/03/31
Committee: IMCO
Amendment 444 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) a coordinated approach to risk and crisis communication also vis-à-viswith economic operators and the public with a coordinating role for the Commission;
2023/03/31
Committee: IMCO
Amendment 445 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) the management of the framework.deleted
2023/03/31
Committee: IMCO
Amendment 447 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point a
(a) an inventory of relevant national competent authorities, the central liaison offices designated in accordance with Article 5 and single points of contact referred to in Article 21, their contact details, assigned roles and responsibilities during the vigilance and emergency modes of this Regulation under national law;
2023/03/31
Committee: IMCO
Amendment 451 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b
(b) consultation of the representatives of economic operators and social partners, including SMEs, on their initiatives and actions to mitigate and respond to potential supply chain disruptions and overcome potential shortages of goods and services in the Single Market;an internal market emergency, who shall be consulted as soon as possible and whose response shall be voluntary.
2023/03/31
Committee: IMCO
Amendment 454 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point c
(c) technical level cooperation in the vigilance and emergency modes across the sectors of the Single Market;
2023/03/31
Committee: IMCO
Amendment 455 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point d
(d) risk and emergency communication, with a coordinating role for the Commission, adequately taking into account already existing structures;
2023/03/31
Committee: IMCO
Amendment 457 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. In order to ensure the operation of the framework referred to in paragraph 1, the Commission may conduct stress tests, simulations and in-action and after-action reviews with Member States, and propose the relevant Union-level bodies and the Member States to update the framework as necessary.deleted
2023/03/31
Committee: IMCO
Amendment 467 #

2022/0278(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. The central liaison office of a Member State shall notify the Commission and the central liaison offices of other Member States without undue delay of any incidmajor events that significantly disrupt or hait has reason to believe eithe potential to significantly disrupt the functionr meet or may soon meet the criteria ing of the Single Market and its supply chains (significant incidents)rder to be defined as a crisis or an internal market emergency.
2023/03/31
Committee: IMCO
Amendment 470 #

2022/0278(COD)

Proposal for a regulation
Article 8 – paragraph 3 – introductory part
3. In order to determine whether the disruption or potential disruption of the functioning of the Single Market and its supply chains of goods and services is significant andevents referred to in paragraph 1 should be the object of an alert, the central liaison office of a Member State shall take the following into account:
2023/03/31
Committee: IMCO
Amendment 479 #

2022/0278(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c
(c) the geographical area;, the proportion of the Single Market affected by the disruption or potential disruption; the impact on specific geographical areas particularly vulnerable or exposed to supply chain disruptions including the EU outermost region and its cross-border effects;
2023/03/31
Committee: IMCO
Amendment 485 #

2022/0278(COD)

Proposal for a regulation
Part III
III [...]deleted
2023/03/31
Committee: IMCO
Amendment 489 #

2022/0278(COD)

Proposal for a regulation
Article 9 – paragraph 1 – introductory part
1. Where the Commission, taking into consideration the opinion provided by the advisory group,duly reflecting the decision provided by the steering board, considers that the threat referred to in Article 3(2) is present, it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act. Where the Commission considers that the threat referred to in Article 3(2) is present, despite the steering board stating otherwise in its decision , it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act adopted by an unanimous decision. Such an implementing act shall contain the following:
2023/03/31
Committee: IMCO
Amendment 500 #

2022/0278(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point a
(a) an assessment of the potential impact of the expected crisis;
2023/03/31
Committee: IMCO
Amendment 503 #

2022/0278(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point b
(b) list of the goods and services of strategiccritical importance concerned, and
2023/03/31
Committee: IMCO
Amendment 510 #

2022/0278(COD)

Proposal for a regulation
Article 10
1. that the reasons for activating the vigilance mode pursuant to Article 9(1) remain valid, and taking into consideration the opinion provided by the advisory group, may extend the vigilance mode for a maximum duration of six months by means of an implementing act. 2. into considerArticle 10 deleted Extension and deactivation tThe opinion provided by the advisory group, finds that the threat referred to in Article 3(2) is no longer present, with respect to some or all vigilance measures or for some or all of the goods and services, it shall deactivate the vigilance mode in full or in part by means of an implementing act. 3. Implementing acts referred to in paragraphs 1 and 2 shall be adopted in accordance with the examination procedure referred to in Article 42(2).Commission, if it considers Where the Commission, taking
2023/03/31
Committee: IMCO
Amendment 514 #

2022/0278(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. The Commission, if it considers that the reasons for activating the vigilance mode pursuant to Article 9(1) remain valid, and taking into consideration the opinduly reflecting a positive decision provided by the advisory groupsteering board, may extend the vigilance mode for a maximum duration of six months by means of an implementing act.
2023/03/31
Committee: IMCO
Amendment 521 #

2022/0278(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. Where the Commission, taking into consideration the opinduly reflecting the decision provided by the advisory groupsteering board, finds that the threat referred to in Article 3(2) is no longer present, with respect to some or all vigilance measures or for some or all of the goods and services, it shall deactivate the vigilance mode in full or in part by means of an implementing act.
2023/03/31
Committee: IMCO
Amendment 525 #

2022/0278(COD)

Proposal for a regulation
Part III – title II
II [...]deleted
2023/03/31
Committee: IMCO
Amendment 536 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. The Commission shall provide for standardised and secure means for the collection and processing of information for the purpose of paragraph 1, using electronic means. Without prejudice to national legislation requiring collected information including business secrets to be kept confidential, confidentiality with regard to the commercially sensitive information and information affecting the security and public order of the Union or its Member States shall be ensured.
2023/03/31
Committee: IMCO
Amendment 537 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. Member States shall, where possible, set up and maintain an inventory of the most relevant economic operators established on their respective national territory that operate along the supply chains of goods and services of strategic importance that have been identified in the implementing act activating the vigilance mode.
2023/03/31
Committee: IMCO
Amendment 544 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. On the basis of the inventory set up pursuant to Article 6, national competent authorities shallmay address requests for voluntary provision of information to the most relevant operators along the supply chains of goods and services identified in the implementing act adopted pursuant to Article 9 and other relevant stakeholders established in their respective national territory. Such requests shall in particular states which information about factors impacting the availability of the identified goods and services of strategiccritical importance is requested. Each economic operator/stakeholder that voluntarily provides information shall do so on an individual basis in line with the Union rules on competition governing the exchange of information. The national competent authorities shall transmit the relevant findings to the Commission and the advisory groupsteering board without undue delay via the respective central liaison office.
2023/03/31
Committee: IMCO
Amendment 546 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 5
5. National competent authorities shall have due regard to the administrative burden on economic operators and in particular SMEs, which may be associated with requests for information and ensure it is kept to a minimum. Any information volutarily provided shall be confidential at all times.
2023/03/31
Committee: IMCO
Amendment 550 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 6
6. The Commission mayshall ask the advisory groupsteering board to discuss the findings and prospects of evolution based on the monitoring of supply chains of goods and services of strategiccritial importance.
2023/03/31
Committee: IMCO
Amendment 553 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 7
7. On the basis of the information 7. collected through the activities carried out in accordance with paragraph 1, the Commission mayshall provide a report ofn the aggregated findings.
2023/03/31
Committee: IMCO
Amendment 558 #
2023/03/31
Committee: IMCO
Amendment 561 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
The Commission may, among the goods of strategic importance listed in an implementing act adopted pursuant to Article 9(1),, identify those for which it may be necessary to build a reserve in order to prepare for a Single Market emergency, taking into account the probability and impact of shortages. The Commission shall give a detailed reason for this identification and for the need to build a reserve and inform the Member States thereof.
2023/03/31
Committee: IMCO
Amendment 570 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 3
Member States shall report to the Commission the approximate levels of strategic reserves of goods of strategiccritial importance held by them, and the levels of other stocks of such goods held on their territory, where such information is known. Such information shall be confidential.
2023/03/31
Committee: IMCO
Amendment 571 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 3
3. Taking due account of stocks held or being built up by economic operators on their territory, Member States shall deploy their best efforts to build up strategic reserves of the goods of strategic importance identified in accordance with paragraph 1. The Commission shall provide support to Member States to coordinate and streamline their efforts.
2023/03/31
Committee: IMCO
Amendment 580 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. When assessing the severity of a disruption for the purposes of ascertaining whether the impact of a crisis on the Single Mfree movement of goods, services and persons in the internal market qualifies as a Single Market emergency, the Commission shall, based on concrete and reliable evidence, taking e into account at least the following indicators:
2023/03/31
Committee: IMCO
Amendment 585 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point a
(a) the crisis has caused activation of any relevant Council crisis response mechanism, including the Integrated Political Crisis Response, Union Civil Protection Mechanism or the mechanisms set up within the EU Health Security Framework, including [the proposal for] Regulation (EU) …/… on serious cross-border health threats and [the proposal for] Council Regulation (EU) …/… on a framework of measurRegulation (EU) 2022/2372 in the event that the free movement of goods, services for ensuring the supply of crisis-relevant medical countermeasurespersons is affected;
2023/03/31
Committee: IMCO
Amendment 588 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point b
(b) an estimation of the number or market share and market demand of economic operations or users relying on the disrupted sector or sectors of the Single Market for the free movement of or provision of the goods or services concerned;
2023/03/31
Committee: IMCO
Amendment 592 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point c
(c) the critical importance of the goods or services concerned for other sectors and the likelihood of a disruption to those goods or services causing a crisis of a cross-border nature within those sectors;
2023/03/31
Committee: IMCO
Amendment 599 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point d
(d) the impacts in terms of degree and duration on economic and vital societal activities, the environment and public safety;
2023/03/31
Committee: IMCO
Amendment 600 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point e
(e) the economic operators affected by the disruption have not been able to provide a solution in a reasonable time to the particular aspects of the crisis on a voluntary basis.
2023/03/31
Committee: IMCO
Amendment 605 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point g
(g) the geographic area that is and could be affected, including any cross- border impacts on the provision of goods and services as well as on the functioning of systemic supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
2023/03/31
Committee: IMCO
Amendment 612 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point i
(i) the absence of substitute goods, inputr shortages of substitutes for crisis-relevant goods or services.
2023/03/31
Committee: IMCO
Amendment 616 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. The Single Market Emergency mode may be activated without the Single Market vigilance mode having previously been activated with regard to the same goods or services. Where the vigilance mode has previously been activated, the emergency mode may replace it partially or entirely.deleted
2023/03/31
Committee: IMCO
Amendment 623 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. Where the Commission, taking into consideration the opinduly reflecting the decision provided by the advisory groupsteering board, considers there is a Single Market emergency, it shall propose to the Council to activate the Single Market emergency mode.
2023/03/31
Committee: IMCO
Amendment 627 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. The Council may activate the Single Market emergency mode by means of a Council implementing act. The duration of the activation, shall be specified in the implementing act, and shall be a maximum of six months.
2023/03/31
Committee: IMCO
Amendment 629 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. The activation of the Single Market emergency mode regarding certain goods and services does not prevent the activation or continued application of the vigilance mode and deployment of the measures laid down in Articles 11 and 12 regarding the same goods and services.deleted
2023/03/31
Committee: IMCO
Amendment 635 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. As soon asWhen proposing the activation of the Single Market emergency mode is activatedaccording to paragraph 2, the Commission shall, without delay, adopt a list of crisis-relevant goods and services by means of an implementing actwhich will be included in the implementing act referred to in paragraph 3. The list may be amended by means of implementing acts.
2023/03/31
Committee: IMCO
Amendment 645 #

2022/0278(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Where the Commission considers, taking into consideration the opinion provided by the advisory groupduly reflecting the decision provided by the steering board and based on the same grounds as those in Article 14(2), that an extension of the Single Market emergency mode is necessary, it shall propose to the Council to extend the Single Market emergency mode. Subject to urgent and exceptional changes in circumstances, the Commission shall endeavour to do so no later than 30 days before the expiry of the period for which the Single Market emergency mode has been activated. The Council may extend the Single Market emergency mode by no more than six months at a time by means of an implementing act.
2023/03/31
Committee: IMCO
Amendment 649 #

2022/0278(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. Where the advisory groupsteering board has concrete and reliable evidence that the Single Market emergency should be deactivated, it may formulate an opinadopt a decision to that effect and transmit it to the Commission. Where the Commission, taking into consideration the opinduly reflecting the decision provided by the advisory groupsteering board, considers a Single Market emergency no longer exists, it shall propose to the Council without delay the deactivation of the Single Market emergency mode with immediate effect.
2023/03/31
Committee: IMCO
Amendment 652 #

2022/0278(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. The measures taken in accordance with Articles 24 to 33 and pursuant to the emergency procedures introduced in the respective Union legal frameworks by means of the amendments to sectorial product legislation set out in Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/424, Regulation (EU) 2016/425, Regulation (EU) 2016/426, Regulation (EU) 2019/1009 and Regulation (EU) No 305/2011 and introducing emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context of a Single Market emergency and Directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU, and2014/68/EU and introducingas regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context ofdue to a Single Market shall cease to apply upon deactivation of the duration of the Single Market emergency mode. Goods produced under the emergency procedures may continue to enter the internal market for six months after the deactivation of the emergency mode. The Commission shall submit to the Council an assessment on the effectiveness of the measures taken in addressing the Single Market emergency no later than three months after the expiry of the measures, on the basis of theinputs and exchange of information gathered viaby the monitoring mechanism foreseen by Article 11.steering board. (The list of Regulations and Directive should be amended based on the outcome of negotiations on the omnibus proposals.)
2023/03/31
Committee: IMCO
Amendment 655 #

2022/0278(COD)

Proposal for a regulation
Part IV – title II – Chapter I – title
I Measures for re-establishing and facilitating free movement
2023/03/31
Committee: IMCO
Amendment 657 #

2022/0278(COD)

Proposal for a regulation
Article 16
General requirements for measures restricting free movement to address a 1. national measures in response to a Single Market emergency and the underlying crisis, Member States shall ensure that their actions fully comply with the Treaty and Union law and, in particular, with the requirements laid down in this Article. 2. Any restriction shall be limited in time and removed as soon as the situation allows it. Additionally, any restriction should take into account the situation of border regions. 3. citizens and businesses shall not create an undue or unnecessary administrative burden. 4. citizens, consumers, businesses, workers and their represenArticle 16 deleted Single Market emergency When adopting and applying Any requirement imposed on Member Statives about measures that affect their free movement rights in a clear and unambiguous manner. 5. all affected stakeholders are informed of measures restricting free movement of goods, services and persons, including workers and service providers, before their entry into force. Member States shall ensure a continuous dialogue with stakeholders, including communication with social partners and international partners.shall inform Member States shall ensure that
2023/03/31
Committee: IMCO
Amendment 681 #
2023/03/31
Committee: IMCO
Amendment 683 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph -1 (new)
-1. Any measures addressing an internal market emergency, taken by a Member State or the Union, shall be limited to the duration of the internal market emergency mode and shall be removed as soon as possible, at the latest once the internal market emergency mode has been deactivated in accordance with the procedure set out in Article 15(2).
2023/03/31
Committee: IMCO
Amendment 685 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – introductory part
1. During the Single Market emergency mode and when responding to a Single Market emergency, Member States shall refrain from introducingMember States shall be prohibited to adopt at any time, including during a Single Market emergency mode, any of the following:
2023/03/31
Committee: IMCO
Amendment 690 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point b – introductory part
(b) restrictions on the intra-EU export of goods or provision or receipt of services, or measures having equivalent effect, where those restrictions do any of the following;
2023/03/31
Committee: IMCO
Amendment 691 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point b – point i
(i) disrupt supply chains of crisis- relevant goods and services that are listed in an implementing act adopted pursuant to Article 14, paragraph 5, ordeleted
2023/03/31
Committee: IMCO
Amendment 692 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point b – point ii
(ii) create or increase shortages of such goods and services in the single market;deleted
2023/03/31
Committee: IMCO
Amendment 693 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c
(c) discrimination between Member States or between citizens, including in their role as service providers or workers, based directly or indirectly on nationality or, in the case of companies, the location of the registered office, central administration or principal place of business;
2023/03/31
Committee: IMCO
Amendment 697 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point d – introductory part
(d) restrictions on the free movement of persons or travel restrictions involved in the production of crisis-relevant goods that are listed in an implementing act adopted pursuant to Article 14, paragraph 5 and their parts or inrestrictions on persons involved in the provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14 paragraph 5, or other measures having equivalent effect, that:
2023/03/31
Committee: IMCO
Amendment 698 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point d – point ii
(ii) are directly or indirectly discriminatory based on nationality of the person.
2023/03/31
Committee: IMCO
Amendment 703 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 2 – introductory part
2. During the Single Market emergency mode and when responding to the Single Market emergency, Member States shall refrain from any of the following, unless to do so is inherent to the nature of the crisis: Member States shall be prohibited to adopt at any time, including during a Single Market emergency mode, any measures: (points may also be merged with paragraph 1)
2023/03/31
Committee: IMCO
Amendment 706 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 3 – introductory part
3. During the Single Market emergency mode and when responding to a Single Market emergency, Member States shall refrain from any of the following unless to do so is inherent to the nature of the crisis/Single Market emergency:Member States shall be prohibited to adopt at any time, including during a Single Market emergency mode, measures: (points may also be merged with paragraph 1)
2023/03/31
Committee: IMCO
Amendment 709 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 4 – introductory part
4. During the Single Market emergency mode and when responding to the Single Market emergency, Member States shall refrain from any of the followingMember States shall be prohibited to adopt at any time, including during a Single Market emergency mode, measures:
2023/03/31
Committee: IMCO
Amendment 711 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point a
(a) applying of more generous rules to travel to or from one Member State to or from another Member State or group of Member States, as compared to travel to and from other Member States unless to do so is inherent to the nature of the crisis/Single Market emergency;
2023/03/31
Committee: IMCO
Amendment 712 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point c
(c) prohibiting of business travel linked to the research and development, to the production of crisis-related goodevant goods or the provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14, paragraph 5, or their placing on the market or to the related inspections;
2023/03/31
Committee: IMCO
Amendment 714 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point d
(d) imposing prohibitions on travel, including travel for imperative family reasons, which are not appropriortionate for the achievement of any legitimate public interest purportedly pursued by such measures or which manifestly go beyond what is necessary to achieve that aim;
2023/03/31
Committee: IMCO
Amendment 717 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point e
(e) imposing restrictions on workers and service providers and their representatives, unless to do so in inherent to the nature of the crisis/Single Market emergency and it does notwhich are not proportionate for the achievement of any legitimate public interest purportedly pursued by such measures or which manifestly go beyond what is necessary for that purpose.to achieve that aim;
2023/03/31
Committee: IMCO
Amendment 719 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. When a Single Market emergency has been activated in accordance with Article 14 and the activities exercised by the service providers, business representatives and workers are not affected by the crisis in the Member State and safe travel is possible despite the crisis, that Member State shall not impose travel restrictions on such categories of persons from other Member States that would prevent them from having access to their place of activity or workplace.
2023/03/31
Committee: IMCO
Amendment 726 #

2022/0278(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. During the Single Market emergency mode, the Commission may provide for supportive measures to reinforce free movement of persons referred to in Article 17(6) and 17(7) by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 422(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).
2023/03/31
Committee: IMCO
Amendment 730 #

2022/0278(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. During the Single Market emergency mode, where the Commission establishes that Member States have put in place templates for attesting that the individual or economic operator is a service provider that provides crisis- relevant services, a business representative or worker that is involved in production of crisis-relevant goods or provision of crisis- relevant services or a civil protection worker and it considers that the use of different templates by each Member States is an obstacle to the free movement at the time of a Single Market emergency, the Commission may issue, if it considers it necessary for supporting the free movement of such categories of persons and their equipment during the ongoing Single Market emergency, templates for attesting that they fulfil the relevant criteria for the application Article 17(6) in all Member States by means of implementing acts.
2023/03/31
Committee: IMCO
Amendment 733 #

2022/0278(COD)

Proposal for a regulation
Article 18 – paragraph 3
3. The implementing acts referred to in paragraphs 1 and 2 shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).
2023/03/31
Committee: IMCO
Amendment 736 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
During the Single Market emergency and during a vigilance mode, Member States shall notify to the Commission any crisis- relevant draft measures restricting free movement of goods and the freedom to provide services as well as crisis-relevant restrictions of free movement of persons, including workers together with the reasons for those measures.
2023/03/31
Committee: IMCO
Amendment 738 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 1 a (new)
1 a. Any measures that are not notified in accordance with paragraph 1 shall be deemed null and void.
2023/03/31
Committee: IMCO
Amendment 741 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. Member States shall provide to the Commission a statement of the reasons which makedemonstrating that the enactment of such measures are justified and proportionate, where those reasons have not already been made clear in the notified measure. Member States shall communicate to the Commission the full text of the national legislative or regulatory provisions which contain or are modified by the measure.
2023/03/31
Committee: IMCO
Amendment 742 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 4
4. The Commission shall communicate the notified measures to the other Member States without delay and shall share them at the same time with the advisory groupsteering board.
2023/03/31
Committee: IMCO
Amendment 744 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 5
5. If the advisory groupsteering board chooses to deliver an opin recommendation on a notified measure, it shall do so within four working days from the date of receipt by the Commission of the notification concerning that measure.
2023/03/31
Committee: IMCO
Amendment 751 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 8
8. Within 10 days from the date of receipt of the notification, the Commission shall examine the compatibility of any draft or adopted measure with Union law, including Articles 16 and 17 of this Regulation as well as the principles of proportionality and non-discrimination, and may provide comments on the notified measure when there are immediately obvious and serious grounds to believe that it does not comply with Union law. Such comments shall be taken into account by the notifying Member State. In exceptional circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation, the period of 10 days may be extended by the Commission. The Commission shall set out the reasons justifying any such extension, shall set a new deadline and shall inform the Member States about the new deadline and the reasons for the extension without delay.
2023/03/31
Committee: IMCO
Amendment 752 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 10
10. The notifying Member State shall communicate the measures it intends to adopt in order toand justifications on how it complyies with the comments delivered in accordance with paragraphs 8 and 9 to the Commission within 10 days after receiving them.
2023/03/31
Committee: IMCO
Amendment 758 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 12 a (new)
12 a. Where there are clearly obvious and serious grounds to believe that a measure does not comply with Union law, the Commission may adopt a decision to suspend the application of any measures already adopted. Member States shall cease to enforce such measures. The Commission shall notify the Member State of the reasons for its decision. Where a Member State disagrees with the suspension, it shall immediately enter into dialogue with the Commission in order to align measures with Union law.
2023/03/31
Committee: IMCO
Amendment 763 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 16
16. The Commission shall publish the text of the measures adopted by the Member States in the context of the Single market emergency and vigilance mode that restrict free movement of goods, services and the persons, including workers, which have been communicated by means of the notifications referred to in this Article as well as via other sources. The text of the measures shall be published within one working day of its receipt by means of an electronic platform managed by the Commission. It shall also be published on the electronic platform of the Union level single point of contact under Article 22.
2023/03/31
Committee: IMCO
Amendment 766 #

2022/0278(COD)

Proposal for a regulation
Article 20 – paragraph 3 a (new)
3 a. The Commission shall ensure interoperability between the notification system under this regulation and the Internal Market Information System.
2023/03/31
Committee: IMCO
Amendment 775 #

2022/0278(COD)

Proposal for a regulation
Article 21 – paragraph 2 a (new)
2 a. Member States shall incorporate the national single points of contact into the Your Europe portal as set out in Article 2(1) of Regulation (EU) 2018/1724.
2023/03/31
Committee: IMCO
Amendment 776 #

2022/0278(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. The Commission shall set up and operate a Union level single point of contact, which shall use the structure of the Your Europe portal, as set out in Article 2(1) of Regulation (EU) 2018/1724.
2023/03/31
Committee: IMCO
Amendment 786 #

2022/0278(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. BThe Commission may adopt binding measures included in this Chapter may be adopted by the Commission by means of implementing acts in accordance with Articles 24(2), first subparagraph of Article 26 and Article 27(2) may be adopted only after a Single Market Emergency has been activated by means of a Council implementing act in accordance with Article 14 and upon a positive opinion of the steering board.
2023/03/31
Committee: IMCO
Amendment 788 #

2022/0278(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. An implementing act introducing a measure included in this Chapter shall clearly and specifically list the crisis- relevant goods and services identified in the implementing act adopted in accordance with Article 14(5) to which such measure applies. That measure shall apply only for the duration of the emergency mode.
2023/03/31
Committee: IMCO
Amendment 790 #
2023/03/31
Committee: IMCO
Amendment 794 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. Where there is a severe crisis- related shortages or an immediate threat thereof, the Commission may invite representative organisations or economic operators in crisis-relevant supply chains to transmit on a voluntary basis, within a set time limit, specific information to the Commission on the production capacities and possible existing stocks of crisis- relevant goods and components thereof in Union production facilities and third country facilities which it operates, contracts or purchases supply from, as well as information on any relevant supply chain disruptions withreasonable timeframe, specific internal market emergency relevant information to the Commission including information on any relevant supply chain disruptions within a given deadline. The Commission may only collect this information and exchange it with the steering board in order to support their decisions on implementing a given deadline.cts as referred to in Articles 26 and 27
2023/03/31
Committee: IMCO
Amendment 799 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 2
2. If the addressees do not transmit the information requested in accordance with paragraph 1 within the time-limita reasonable timeframe and do not provide a valid justification for not doing so, the Commission may, by means of an implementing act, requir recommendation, invite that they transmit the information, indicating in the implementing actternal market emergency relevant information, indicating why it is proportionate and necessary to do so, specifying the crisis-relevant goods and services and addressees concerned by the information request, and the information that is sought, providing where necessary a template with the questions that may be addressed to the economic operators.
2023/03/31
Committee: IMCO
Amendment 804 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 3 – point b
(b) other information necessary for assessing the nature or magnitude of a given supply chain disruption or shortage.deleted
2023/03/31
Committee: IMCO
Amendment 807 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 4
4. Following the activation of the mandatory information requests to economic operators by means of an implementing act, the Commission shall address a formal decision to each of those representative organisations or economic operators in crisis-relevant supply chains that have been identified in the implementing act, requesting them to provide the information specified in the implementing act. TWhen inviting economic operators to share on a voluntary basis the internal market emergency-relevant information, the Commission shall rely, where possible, on the relevant and available contact lists of the economic operators active in the selected supply chains of crisis-relevant goods and services, compiled by the Member States. The Commission may obtain the necessary information on the relevant economic operators from the Member States.
2023/03/31
Committee: IMCO
Amendment 812 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 5
5. The Commission Drecisommendations containing individual information requests shall contain a reference to the implementing act referred to in paragraph 2 on which they are based and to the situations of severe crisis-related shortages or an immediate threat thereof which has given rise to them. Any information request shall be duly justified and proportionate in terms of the volume, nature and granularity of the data, as well as the frequency of access to the data requested, and shall be necessary for the management of the emergency or for compiling relevant official statistics. A request shall set out a reasonable time limit within which the information is to be provided. It shall take into account the effort required to collect and make the data available by the economic operator or representative organisation. The formal drecisommedation shall also contain safeguards for protection of data in accordance with Article 39 of this Regulation, safeguards for non-disclosure of sensitive business information contained in the reply in accordance with Article 25, and information on the possibility of contesting it before the Court of Justice of the European Union in line with relevant Union law and the fines provided for in Article 28 for failure to comply and the timeline for a reply.
2023/03/31
Committee: IMCO
Amendment 817 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 6
6. The owners of the economic operators or their representatives and, in the case of legal persons, companies or firms, or associations having no legal personality, the persons authorised to represent them by law or by their constitution may supply the information requested on behalf of the economic operator or the association of economic operators concerned. Each economic operator or association of economic operators shall provide the requested information on an individual basis in line with the Union rules on competition governing the exchange of information. Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shall remain fully responsible if the information supplied is incomplete, incorrect or misleading.
2023/03/31
Committee: IMCO
Amendment 819 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 7
7. The Court of Justice of the European Union shall have unlimited jurisdiction to review decisions whereby the Commission has imposed a mandatory information request to an economic operator.deleted
2023/03/31
Committee: IMCO
Amendment 822 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 8
8. The implementing acts referred to in paragraph 2 shall be adopted in accordance with the committee procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).deleted
2023/03/31
Committee: IMCO
Amendment 825 #

2022/0278(COD)

Proposal for a regulation
Article 25 – paragraph 1
1. Information received from liaison offices of the Member States, the steering board, economic operators or any other source as a result of the application of this Regulation shall be used only for the purpose for which it was requested.
2023/03/31
Committee: IMCO
Amendment 827 #

2022/0278(COD)

Proposal for a regulation
Article 25 – paragraph 2
2. Member States and the Commission shall ensure the protection of trade and business secrets and other sensitive and confidential information acquired and generated in application of this Regulation, including recommendations and measures to be taken, and any compensation due in the event of unauthorised disclosures in accordance with Union and the respective national law.
2023/03/31
Committee: IMCO
Amendment 834 #

2022/0278(COD)

Proposal for a regulation
Article 26 – paragraph 2
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).deleted
2023/03/31
Committee: IMCO
Amendment 837 #
2023/03/31
Committee: IMCO
Amendment 842 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 1
1. The Commission may invite, on a voluntary basis, one or more economic operators in crisis-relevant supply chains established in the Union to accept and prioritise certain orders for the production or supply of crisis-relevant goods (‘priority rated order’).
2023/03/31
Committee: IMCO
Amendment 844 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 2
2. If an economic operator does not accept and prioritise priority rated orders, the Commission may, following a positive decision of the steering board, at its own initiative or at the request of 14 Member States, assess the necessity and proportionality of resorting to priority rated orders in such cases, the Commission shall give the economic operator concerned as well as any parties demonstrably affected by the potential priority rated order, the opportunity to state their position within a reasonable time limit set by the Commission in light of the circumstances of the case. In exceptional circumstances, following such an assessment, the Commission may following a positive decision of the steering board, address an implementing act to the economic operator concerned, requiring it to either accept and prioritise the priority rated orders specified in the implementing act or explain why it is not possible or appropriate for that operator to do so. The Commission’s decision shall be based on objective data showing that such prioritisation is indispensable to ensure the maintenance of vital societal economic activities in the Single Marketthe Single Market emergency and may only be adopted where the crisis-relevent goods cannot be procured in accordance with Articles 34, 37 and 38.
2023/03/31
Committee: IMCO
Amendment 849 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1
Where the economic operator to which the decision referred to in paragraph 2 is addressed declines to accept the requirement to accept and prioritise the orders specified in the decision, it shall provide to the Commission, within 10 days from the notification of the decision, a reasoned explanation setting out duly justified reasons why it is not possible or appropriate, in light of the objectives of this provision, for it to comply with the requirement. Such reasons include the inability of the operator to perform the priority rated order on account of insufficient production capacity or a serious risk that accepting the order would entail particular hardship or economic burden for the operator, or other considerations of comparable gravityparticularly taking into account the prices and quantities specified by the Commission or other considerations of comparable gravity, including a contractual penalty for the failure to fulfil performance obligations under private or public law.
2023/03/31
Committee: IMCO
Amendment 852 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 2
The Commission may make such reasoned explanation or parts of it public, with due regard to business confidentiality.deleted
2023/03/31
Committee: IMCO
Amendment 854 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 6
6. The Commission shall take the decision to invite one or more economic operators to accept and prioritise certain orders as referred to in paragraph 21 in accordance with applicable Union law, including the principles of necessity and proportionality, and the Union’s and the economic operator's obligations under international law. The decision shall in particular take into account the legitimate interests of the economic operator concerned and any available information concerning the cost and effort required for any change in production sequence. It shall state the legal basis for its adoption, fix the time limits within which the priority rated order is to be performed and, where applicable, specify the product, the price and quantity. It shall state the fines provided for in Article 28 for failure to comply with the decision. The priority rated order shall be placed at a fair and reasonable priceThe priority rated order shall be placed at market price and including compensation for any other costs due to the prioritisation or deprioritisation of other orders, including contractual penalties.
2023/03/31
Committee: IMCO
Amendment 858 #

2022/0278(COD)

Proposal for a regulation
Article 28
Fines to operators for failure to comply with the obligation to reply to mandatory information requests or to comply with 1. a decision, where deemed necessary and proportionate, impose fines: (a) organisation of economic operators or an economic operator, intentionally or through gross negligence, supplies incorrect, incomplete or misleading information in response to a request made pursuant to Article 24, or does not supply the information within the prescribed time limit; (b) intentionally or through gross negligence, does not comply with the obligation to inform the Commission of a third country obligation pursuant to Article 27 or fails to explain why it has not accepted a priority rated order; (c) intentionally or through gross negligence, does not comply with an obligation which it has accepted to prioritise certain orders of crisis-relevant goods (‘priority rated order’) pursuant to Article 27 2. Fines imposed in the cases referred to in paragraph 1 (a) and (b) shall not exceed 200 000 EUR. 3. referred to in paragraph 1 (c) shall not exceed 1 % of the average daily turnover in the preceding business year for each working day of non-compliance with the obligation pursuant to Article 27 (priority rated orders) calculated from the date established in the decision not exceeding 1% of total turnover in the preceding business year. 4. In fixing the amount of the fine, regard shall be had to the size and economic resources of the economic operator concerned, to the nature, gravity and duration of the infringement, taking due account of the principles of proportionality and appropriateness. 5. European Union shall have unlimited jurisdiction to review decisions whereby the Commission has fixed a fine. It may cancel, reduce or increase the fine imposed.Article 28 deleted priority rated orders The Commission may, by means of where a representative where an economic operator, where an economic operator, Fines imposed in the cases The Court of Justice of the
2023/03/31
Committee: IMCO
Amendment 862 #

2022/0278(COD)

Proposal for a regulation
Article 28 – title
Fines to operators for failure to comply with the obligation to reply to mandatory information requests or to comply with priority rated orders
2023/03/31
Committee: IMCO
Amendment 864 #

2022/0278(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point a
(a) where a representative organisation of economic operators or an economic operator, intentionally or through gross negligence, supplies incorrect, incomplete or misleading information in response to a request made pursuant to Article 24, or does not supply the information within the prescribed time limit;deleted
2023/03/31
Committee: IMCO
Amendment 868 #

2022/0278(COD)

Proposal for a regulation
Article 28 – paragraph 2
2. Fines imposed in the cases referred to in paragraph 1 (a) and (b)(b) shall not exceed 200 000 EUR. The maximum fine imposed in the cases referred to in paragraph 1(b) for economic operators that are SMEs as defined in Recommendation 2003/361/EC shall not exceed 2005 000 EUR.
2023/03/31
Committee: IMCO
Amendment 870 #

2022/0278(COD)

Proposal for a regulation
Article 28 – paragraph 3
3. Fines imposed in the cases referred to in paragraph 1 (c) shall not exceed 0.5 % of the average daily turnover in the preceding business year for each working day of non-compliance with the obligation pursuant to Article 27 (priority rated orders) calculated from the date established in the decision not exceeding 0.5 % of total turnover in the preceding business year. The maximum fine imposed in the cases referred to in paragraph 1(c) for economic operators that are SMEs as defined in Recommendation 2003/361/EC shall not exceed 0.1 % of the average daily turnover in the preceding business year for each working day of non- compliance with the obligation pursuant to Article 27 (priority rated orders) calculated from the date established in the decision but not exceeding 0.1% of total turnover in the preceding business year.
2023/03/31
Committee: IMCO
Amendment 874 #

2022/0278(COD)

Proposal for a regulation
Article 29
Limitation period for the imposition of 1. fines in accordance with Article 30 shall be subject to the following limitation periods: (a) infringements of provisions concerning requests of information pursuant to Article 24; (b) infringements of provisions concerning the obligation to prioritise the production of crisis-relevant goods pursuant to Article 26(2). 2. day on which the Commission becomes aware of the infringement. However, in case of continuous or repeated infringements, time shall begin to run on the day on which the infringement ceases 3. Commission or the competent authorities of the Member States for the purposes of ensuring compliance with the provisions of this Regulation shall interrupt the limitation period. 4. period shall apply for all the parties which are held responsible for the participation in the infringement. 5. time running afresh. However, the limitation period shall expire at the latest on the day in which a period equal to twice the limitation period has elapsed without the Commission having imposed a fine. That period shall be extended by the time during which the limitation period is suspended because the decision of the Commission is the subject of proceedings pending before the Court of Justice of the European Union.Article 29 deleted fines The Commission power to impose two years in the case of three years in the case The time shall begin to run on the Any action taken by the The interruption of the limitation Each interruption shall start the
2023/03/31
Committee: IMCO
Amendment 878 #

2022/0278(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point a
(a) two years in the case of infringements of provisions concerning requests of information pursuant to Article 24;deleted
2023/03/31
Committee: IMCO
Amendment 880 #

2022/0278(COD)

Proposal for a regulation
Article 30
Limitation periods for enforcement of 1. enforce decisions taken pursuant to Article 28 shall be subject to a limitation period of five years. 2. Time shall begin to run on the day on which the decision becomes final. 3. The limitation period for the enforcement of fines shall be interrupted: (a) by notification of a decision varying the original amount of the fine or refusing an application for variation; (b) or of a Member State, acting at the request of the Commission, designed to enforce payment of the fine. 4. Each interruption shall start time running afresh. 5. enforcement of fines shall be suspended for so long as: (a) (b) enforcement of payment is suspended pursuant to a decision of the Court of Justice of the European Union.Article 30 deleted fines The power of the Commission to by any action of the Commission The limitation period for the time to pay is allowed;
2023/03/31
Committee: IMCO
Amendment 884 #

2022/0278(COD)

Proposal for a regulation
Article 31
Right to be heard for the imposition of 1. pursuant to Article 28, the Commission shall give the economic operator or representative organisations of economic operators concerned the opportunity of being heard on: (a) Commission, including any matter to which the Commission has taken objections; (b) may intend to take in view of the preliminary findings pursuant to point (a) of this paragraph. 2. organisations of economic operators concerned may submit their observations to the Commission’s preliminary findings within a time limit which shall be fixed by the Commission in its preliminary findings and which may not be less than 21 days. 3. The Commission shall base its decisions only on objections on which economic operators and representative organisations of economic operators concerned have been able to comment. 4. economic operator or representative organisations of economic operators concerned shall be fully respected in any proceedings. The economic operator or representative organisations of economic operators concerned shall be entitled to have access to the Commission's file under the terms of a negotiated disclosure, subject to the legitimate interest of economic operators in the protection of their business secrets. The right of access to the file shall not extend to confidential information and internal documents of the Commission or the authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and the authorities of the Member States. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement.Article 31 deleted fines Before adopting a decision preliminary findings of the measures that the Commission Undertakings and representative The rights of defence of the
2023/03/31
Committee: IMCO
Amendment 889 #

2022/0278(COD)

Proposal for a regulation
Article 32
Where the strategic reserves constituted by the Member States in accordance with Article 132 prove to be insufficient to meet the needs rdelaeted to the Single Market emergency, the Commission, taking into consideration the opinion provided by the advisory group, may recommend to the Member States to distribute the strategic reserves in a targeted way, where possible, having regard to the need not to further aggravate disruptions on the Single Market, including in geographical areas particularly affected by such disruptions and in accordance with the principles of necessity, proportionality and solidarity and establishing the most efficient use of reserves with a view to ending the Single Market emergency.Coordinated distribution of strategic reserves
2023/03/31
Committee: IMCO
Amendment 892 #

2022/0278(COD)

Proposal for a regulation
Article 32 – paragraph 1
Where the strategic reserves constituted by the Member States in accordance with Article 12 prove to be insufficient to meet the needs related to the Single Market emergency, the Commission, duly taking into consideration the opinion provided by the advisory groupsteering board, may recommend to the Member States to distribute the strategic reserves in a targeted way, where possible, having regard to the need not to further aggravate disruptions on the Single Market, including in geographical areas particularly affected by such disruptions and in accordance with the principles of necessity, proportionality and solidarity and establishing the most efficient use of reserves with a view to ending the Single Market emergency.
2023/03/31
Committee: IMCO
Amendment 894 #

2022/0278(COD)

Proposal for a regulation
Article 33
Measures to ensure the availability and supply of crisis-relevant goods and services 1. considers that there is a risk of a shortage of crisis-relevant goods, recommend that Member States implement specific measures to ensure the efficient re- organisation of supply chains and production lines and to use existing stocks to increase the availability and supply of crisis-relevant goods and services, as quickly as possible. 2. referred to in paragraph 1 may include measures: (a) repurposing of exisArticle 33 deleted The Commission may, when it In particular, the measures facilitating or the establishment of new production capacities for crisis-relevant goods; (b) exisxpansion or facilitating or the establishment of new capacities related to service activities; (c) of crisis-relevant goods.xpansion of aiming at accelerating permitting
2023/03/31
Committee: IMCO
Amendment 908 #

2022/0278(COD)

Proposal for a regulation
Part V – Chapter I – title
I Procurement of goods and services of strategic importance and crisis-relevant goods and services by the Commission on behalf of Member States during vigilance andthe emergency modes
2023/03/31
Committee: IMCO
Amendment 910 #

2022/0278(COD)

Proposal for a regulation
Article 34 – paragraph 1
1. Two or more Member States may request that the Commission launch a procurement on behalf of the Member States that wish to be represented by the Commission (ʽparticipating Member Statesʼ), for the purchasing of goods and services of strategic importance listed in an implementing act adopted pursuant to Article 9(1) or crisis- relevant goods and services listed in an implementing act adopted pursuant to Article 14(5).
2023/03/31
Committee: IMCO
Amendment 912 #

2022/0278(COD)

Proposal for a regulation
Article 34 – paragraph 2
2. The Commission shall assess the utility, necessity and proportionality of the request. If the Commission decides to launch a procurement on behalf of the Member Strates, it shall inform the steering board and the Member States concerned its intention to carry out such procurement. Where the Commission intends not to follow the request, it shall inform the Member States concerned and the advisory group referred to in Article 4 and give reasons for its refusal. The Commission shall launch a call for other Member States to participate in the request.
2023/03/31
Committee: IMCO
Amendment 917 #

2022/0278(COD)

Proposal for a regulation
Article 34 – paragraph 3 a (new)
3 a. If the Commission is unable to award the contract to a suitable economic operator, the Commission shall immediately inform the Member States. Member States shall have a right to initiate their own procurement processes without delay.
2023/03/31
Committee: IMCO
Amendment 920 #

2022/0278(COD)

Proposal for a regulation
Article 35 – paragraph 1
1. The agreement [referred to in Article 34(3) shall establish a negotiating mandate for the Commission to act as a central purchasing body for relevant goods and services of strategic importance or crisis-relevant goods and services on behalf of the participating Member States through the conclusion of new contracts.
2023/03/31
Committee: IMCO
Amendment 921 #

2022/0278(COD)

Proposal for a regulation
Article 35 – paragraph 2
2. In accordance with the agreement, the Commission may be entitled, on behalf of the participating Member States, to enter into contracts with economic operators, including individual producers of goods and services of strategic importance or crisis- relevant goods and services, concerning the purchase of such goods or services.
2023/03/31
Committee: IMCO
Amendment 923 #

2022/0278(COD)

Proposal for a regulation
Article 35 – paragraph 3
3. Representatives of the Commission or experts nominated by the Commission may carry out on-site visits at the locations of production facilities of relevant goods of strategic importance or crisis-relevant goods.deleted
2023/03/31
Committee: IMCO
Amendment 927 #

2022/0278(COD)

Proposal for a regulation
Article 35 – paragraph 4
4. The Commission shall carry out the procurement procedures and conclude the resulting contracts with economic operators on behalf of the participating Member States. All participating Member States shall be involved in the procurement process. To that effect, the Commission shall invite participating Member States to nominate representatives to take part in the preparation of the procurement processes as well as the negotations of the purchasing agreements. Representatives of participating Member States shall have the status of experts in the procurement process, in accordance with Regulation (EU, Euratom) 2018/1046.
2023/03/31
Committee: IMCO
Amendment 931 #

2022/0278(COD)

Proposal for a regulation
Part V – Chapter II – title
II Joint Procurement during vigilance and emergency modesemergency mode (This could also be merged with the title of Chapter III)
2023/03/31
Committee: IMCO
Amendment 932 #

2022/0278(COD)

Proposal for a regulation
Part V – Chapter III – title
IIIJoint Procurement and Procurement by the Member States during the emergency mode
2023/03/31
Committee: IMCO
Amendment 940 #

2022/0278(COD)

Proposal for a regulation
Article 39 – paragraph 1
Where the Single Market emergency mode has been activated pursuant to Article 164 and procurement by the Commission on behalf of Member States has been launched in accordance with Articles 34 to 36, the contracting authorities of the participating Member States shall not procure goods or services covered by such procurement by other means. , except where otherwise provided for in Article 34(3a). Or. en (see Amendment to Article 34)
2023/03/31
Committee: IMCO
Amendment 948 #

2022/0278(COD)

Proposal for a regulation
Article 41 – paragraph 1
The Commission and the Member States may set up interoperable digital tools or IT infrastructures supporting the objectives of this Regulation. Such tools or infrastructures may be developed outside the duration of the Single Market Emergency. The Commission shall primarily make use of already existing IT tools.
2023/03/31
Committee: IMCO
Amendment 956 #

2022/0278(COD)

Proposal for a regulation
Article 44 – paragraph 1
1. By [OP: please insert date = five years from the entry into force of this Regulation] and every five years thereafter, and after every deactivation of the emergency mode, the Commission shall present a report to the European Parliament and the Council on the functioning of the contingency planning, vigilance and Single Market emergency response system suggesting any improvements if necessary, accompanied, where appropriate, by relevant legislative proposals.
2023/03/31
Committee: IMCO
Amendment 176 #

2022/0277(COD)

Proposal for a regulation
Recital 8 a (new)
(8a) On the other hand, providers of video-sharing platforms and other actors such as providers of social networks should be considered as online platforms or very large online platforms in the sense of Regulation (EU) 2022/2065 provided that the provider does not play an active role of such kind as to give it knowledge of or control over the content uploaded to its platforms. Online platforms’ capacity to offer content without exercising editorial responsibility over it and market the ability to target users with advertising allows them to act as direct competitors to media service providers whose content they intermediate and distribute. Given the transfer of economic value in favour of online platforms, the audience measurement definition should take into account content consumed by users of media services and users of online platforms. This will ensure that all intermediaries involved in content distribution are transparent about their audience measurement methodologies so as to enable advertisers to make informed choices that drive competition.
2023/04/13
Committee: IMCO
Amendment 188 #

2022/0277(COD)

Proposal for a regulation
Recital 20
(20) Media integrity also requires a proactive approach to promote editorial independence by news media companies, in particular through internal safeguards. Media service providers should adopt proportionate measures to guarantee, once the overall editorial line has been agreed between their owners and editors, the freedom of the edin line with the media service providers' priorities and the overall editorial, the freedom of the editors-in-chief to take independent decisions in the course of their professional activity. The editor-in- chief oversees the editorial work and makes the editorial decisions. The publisher, owner, or other company management cannot interfere with the content by overriding the editor-in-chief. Any attempt by the publisher, owner, or other company management to limit ors to take individual decisions in the course of their professional activ control the decisions of the editor-in-chief regarding the editorial content is considered inappropriate interference from the owner of the media service provider, which undermines editorial independence and integrity. The objective to shield editors from undue interference in their decisions taken on specific pieces of content as part of their everyday work contributes to ensuring a level playing field in the internal market for media services and the quality of such services. That objective is also in conformity with the fundamental right to receive and impart information under Article 11 of the Charter. In view of these considerations, media service providers should also ensure transparency of actual or potential conflicts of interest to their service recipients.
2023/04/13
Committee: IMCO
Amendment 192 #

2022/0277(COD)

Proposal for a regulation
Recital 21
(21) To mitigate regulatory burdens, micro enterprises within the meaning of Article 3 of Directive 2013/34/EU of the European Parliament and of the Council50 should be exempted from the requirements related to information and internal safeguards with a view to guaranteeing the independence of individual editorial decisions. Moreover, mMedia service providers should be free to tailor the internal safeguards to their needs, in particular if they are small and medium- sized enterprises within the meaning of that Article. The Recommendation that accompanies this Regulation51 provides a catalogue of voluntary internal safeguards that can be adopted within media companies in this regard. The present Regulation should not be construed to the effect of depriving the owners of private media service providers of their prerogative to set strategic or general goals and to foster the growth and financial viability of their undertakings. In this respect, this Regulation recognises that the goal of fostering editorial independence needs to be reconciled with the legitimate rights and interests of private media owners. __________________ 50 Directive 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. 19-76). 51 OJ C , , p. .
2023/04/13
Committee: IMCO
Amendment 195 #

2022/0277(COD)

Proposal for a regulation
Recital 22
(22) Independent national regulatory authorities or bodies are key for the proper application of media law across the Union. NWhile national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU often do not have competencies related to the press sector, they are best placed to ensure the correct application of the requirements related to regulatory cooperation and a well- functioning market for media services, envisaged in Chapter III of this Regulation. In order to ensure a consistent application of this Regulation and other Union media law, it is necessary to set up an independent advisory body at Union level gathering such authorities or bodies and coordinating their actions. In the performance of its tasks and the exercise of its powers, this body should neither seek nor take instructions from any government, institution and public or private person or body. The European Regulators Group for Audiovisual Media Services (ERGA), established by Directive 2010/13/EU, has been essential in promoting the consistent implementation of that Directive. The European Board for Media Services (‘the Board’) should therefore build on ERGA and replace it. This requires a targeted amendment of Directive 2010/13/EU to delete its Article 30b, which establishes ERGA, and to replace references to ERGA and its tasks as a consequence. The amendment of Directive 2010/13/EU by this Regulation is justified in this case as it is limited to a provision which does not need to be transposed by Member States and is addressed to the institutions of the Union.
2023/04/13
Committee: IMCO
Amendment 198 #

2022/0277(COD)

Proposal for a regulation
Recital 23
(23) The Board should bring together senior representatives of the national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU, appointed by such authorities or bodies. In cases where Member States have several relevant regulatory authorities or bodies, including at regional level, a joint representative should be chosen through appropriate procedures and the voting right should remain limited to one representative per Member State. This should not affect the possibility for the other national regulatory authorities or bodies to participate, as appropriate, in the meetings of the Board. The Board should also have the possibility to invite to attend its meetings, in agreement with the Commission, experts and observer, on a case-by-case basis, external experts to attend its meetings. The Board, in consultation with the Commission, should have the possibility to designate experts and observers, to attend its meetings, including in particular regulatory authorities or bodies from candidate countries, potential candidate countries, EEA countries, or to invite ad hoc delegates from other competent national authorities. Due to the sensitivity of the media sector and following the practice of ERGA decisions in accordance with its rules of procedure, the Board should adopt its decisions on the basis of a two-thirds majority of the votes.
2023/04/13
Committee: IMCO
Amendment 206 #

2022/0277(COD)

Proposal for a regulation
Recital 24
(24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, the Board should actively support the Commission in its tasks of ensuring the consistent application of this Regulation and of the national rulmeasures implementing Directive 2010/13/EU. For that purpose, the Board should in particular advise and assist the Commission on regulatory, technical or practical aspects pertinent to the application of Union law, promote cooperation and the effective exchange of information, experience and best practices and draw up opinions ion agreement withits own initiative or upon the Commission or upon it's request in the cases envisaged by this Regulation. In order to effectively and independently fulfil its tasks, the Board should be able to rely on the expertise and human resources of a secretariat provided by the Commission. The Commission secretariat should provide administrative and organisational support to the Board, and help the Board in carrying out its tasks.
2023/04/13
Committee: IMCO
Amendment 217 #

2022/0277(COD)

Proposal for a regulation
Recital 30
(30) Regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU have specific practical expertise that allows them to effectively balance the interests of the providers and recipients of media services while ensuring the respect for the freedom of expression. This is key in particular when it comes to protecting the internal market from activities of media service providers originating from outside the Union (either established outside of the UnionEU, established outside of the EU but under jurisdiction of an EU Member State through the Directive 2010/13/EU satellite criteria or established in the EU), irrespective of the means of distribution or access, that target or reach audiences in the Union where, inter alia in view of the control that may be exercised by third countries State authorities over them, they may prejudice or pose risks of prejudice to public security and de, including the safeguarding of national security and defence, public health, or where their programs include incitement to violence or hatred or public provocation to commit a terrorist offence. In this regard, the coordinperation between national regulatory authorities or bodies to face together possible public security and defence threats stemming from such media services needs to be strengthened and given a legal framework to ensure the effectiveness and possible coordination of the national measures adopted in line with Union media legislation. In order to ensure that media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other meanMedia service providers must notify regulatory authorities or bodies in those Member States, a mechanism of accelerated mutual cooperation and assistance should also be available to guarantee the ‘effet utile’ where they target or reach audiences about their operations, including specific information ofn the relevant national measir ownership structures, fin compliance with Union law. Additionally, it is necessary to coordinate the national measures that mayancing sources, and editorial practices. This information should shall be madopted to counter public security and defence threats by media services established outside of the Union and targeting audie transparent and accessible to the public in order to promote accountability and confidences in the Union, including the possibility for the Board, in agreement with the Commission, to issue opinions on such measures, as appropriate. In this regard, riskmedia industry. The Board shall monitor compliance with these requirements and offer comments on the efforts made by Member States to address threats to public security and defencse need to be assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Unionpresented by such media services in collaboration with regulatory authorities or bodies.
2023/04/13
Committee: IMCO
Amendment 221 #

2022/0277(COD)

Proposal for a regulation
Recital 30 a (new)
(30a) In the case of audiovisual media service providers under the jurisdiction of EU Member States pursuant to Article 2 of Directive 2010/13/EU, a mechanism of accelerated cooperation and assistance shall be available to ensure that audiovisual media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, in compliance with Union law. To guarantee the effectiveness of the relevant national measures, according to an opinion of the Board, a competent national authority or body could be invited by the opinion of the Board to undertake specific measures where the threats mentioned above are proven and are prejudicing or presenting a grave risk of prejudice for the several Member States or the Union. Risks to public security and defense need to be assessed with a view to all relevant factual and legal elements at national and European levels. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Union.
2023/04/13
Committee: IMCO
Amendment 222 #

2022/0277(COD)

Proposal for a regulation
Recital 30 b (new)
(30b) To encourage the coherence of decisions and facilitate cooperation between national regulatory authorities or bodies, the Board should develop a set of fundamental requirements for the service provider and the service provided. The requirements shall be used by national regulatory authorities or bodies when a media service provider originating from outside of the Union seeks jurisdiction in one of the Member States or when it is already under the jurisdiction of a Member State. The requirements should, inter alia, cover content, ownership, economic and financial connections, editorial independence, or lack thereof from the third country state. They shall allow relevant authorities or bodies to identify and, if needed, prevent the entry into the EU market of media service providers which present a grave risk of prejudice to public security and defense, public health, or where their programs contain incitement to violence or hatred or public provocation to commit a terrorist offense.
2023/04/13
Committee: IMCO
Amendment 227 #

2022/0277(COD)

Proposal for a regulation
Recital 31
(31) Very large online platforms act for many users as a gateway for access to media services. Media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. When exercising such editorial responsibility, they are expected to act diligently and provide information that is trustworthy and respectful of fundamental rights, in line with the regulatory or self- regulatory requirements they are subject to in the Member States. Therefore, also in view of users’ freedom of information, and without prejudice to the obligations pursuant to Articles 34 and 35 of Regulation (EU) 2022/2065, where providers of very large online platforms consider that content provided by such media service providers is incompatible with their terms and conditions, while it is not contributing to a systemic risk referred to in Article 26 of Regulation (EU) 2022/XXX [the Digital Services Act], they should duly consider freedom and pluralism of media, in accordance with Regulation (EU) 2022/XXX [the Digital Services Act]2065 and provide, as early as possible, the necessary explanations to media service providers as their business users in the statement of reasons under Regulation (EU) 2019/1150 of the European Parliament and of the Council54 and Regulation (EU) 2022/2065. To minimise the impact of any restriction to that content on users’ freedom of information, very large online platforms should endeavour to submit the statement of reasons prior to the restriction taking effect without prejudice to their obligations under Regulation (EU) 2022/XXX [the Digital Services Act]2065. In particular, this Regulation should not prevent a provider of a very large online platform to take expeditious measures either against illegal content disseminated through its service, or in order to mitigate systemic risks posed by dissemination of certain content through its service, in compliance with Union law, in particular pursuant to Regulation (EU) 2022/XXX [the Digital Services Act]2065. __________________ 54 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57-79).
2023/04/13
Committee: IMCO
Amendment 230 #

2022/0277(COD)

Proposal for a regulation
Recital 31 a (new)
(31a) Very large online platforms shall be responsible for the content that media service providers from outside the EU publish on their platforms, targeting audiences in Member States. The responsibility of very large online platforms includes determining whether such media services prejudice or present a grave risk of prejudice to public security and defence. To that end, the platforms shall take all necessary technical and organisational measures to prevent such content from being disseminated on their platforms, in compliance with Union law, in particular according to Regulation (EU) 2022/2065. In coordination with national regulatory authorities or bodies, the Board may issue opinions on appropriate measures to address such risks, and the platforms shall consider such opinions. In addition, the platforms shall provide, as early as possible, the necessary explanations to media service providers as their business users in the statement of reasons under Regulation (EU) 2019/1150 of the European Parliament and of the Council, in case their content is restricted or suspended on the platforms. The platforms shall also endeavor to submit the statement of reasons prior to the restriction or suspension taking effect, without prejudice to their obligations under Regulation (EU) 2022/2065, to minimize the impact of any restriction on users’ freedom of information.
2023/04/13
Committee: IMCO
Amendment 232 #

2022/0277(COD)

Proposal for a regulation
Recital 33
(33) To this end, providers of very large online platforms should provide a functionality on their online interface to enable media service providers to declare that they meet certain requirements, while at the same time retaining the possibility not to accept such self-declaration where they consider that these conditions are not met. Providers of very large online platforms may rely on information regarding adherence to these requirements, such asshall verify the declarations submitted, notably regarding adherence to the requirements as mentioned above, with the supervising or monitoring entity. For audiovisual media services, the supervisory authority shall be the national authority or body in charge of media regulation pursuant to Article 30 of Directive 2010/13/EU. For other media outlets, the verification could be done with a press council, where relevant, or through the consultation of the machine- readable standard of the Journalism Trust Initiative or other relevant codes of conduct. Guidelines by the Commission may be useful to facilitate an effective implementation of such functionality, including on modalities of involvement of relevant civil society organisations in the review of the declarations, on consultation of the regulator of the country of establishment, where relevant, and address any potential abuse of the functionality.
2023/04/13
Committee: IMCO
Amendment 235 #

2022/0277(COD)

Proposal for a regulation
Recital 33 a (new)
(33a) To avoid an eventual abuse of the declaration system by media service providers which do not effectively comply with the requirements stipulated in Article 17(1) of this Regulation, in case of repeated violation of the law or breach of terms and conditions, the provider of a very large online platform should invalidate a declaration of a media service provider and should inform the supervising or regulatory entity about the invalidation of such declaration. If a media service provider is operating in more than one Member State and is violating the law or breaching terms and conditions in one Member State, the provider of a very large online platform shall inform the Board, which will have to notify the regulatory authorities and bodies in the other states where the media service provider operates about the situation created by the respective media service provider.
2023/04/13
Committee: IMCO
Amendment 239 #

2022/0277(COD)

Proposal for a regulation
Recital 36 a (new)
(36a) To ensure that the Board’s involvement and contribution to the relationship between providers of very large online platforms or search engines and media service providers in the online environment is as effective and valuable as possible, the Board should be entitled, upon request, to receive all the necessary information from the providers of very large online platforms and search engines, including the exchange of information between the providers of very large online platforms and search engines and the media service providers.
2023/04/13
Committee: IMCO
Amendment 240 #

2022/0277(COD)

Proposal for a regulation
Recital 36 b (new)
(36b) In collaboration with national regulatory agencies or bodies, the Board should issue an annual report on media freedom in each Member State. The report must include a transparency index and other criteria deemed necessary to assess the state of media freedom, such as the independence of media outlets, the level of media pluralism, journalists' access to information, journalists' safety, the level of media ownership concentration, the effectiveness of media self-regulation, public trust in the media, the existence of public funding for media, and the level of media literacy among the general public. The report should also include suggestions for each Member State based on the study cases chosen in consultation with national regulatory authorities or bodies to improve cooperation among national regulatory authorities or bodies and promote media freedom and plurality in the Union. The Commission should consider the report and suggestions when reviewing systematic and emergent concerns across the Union under Regulation (EU) 2022/2065, and may request Board cooperation in this regard.
2023/04/13
Committee: IMCO
Amendment 251 #

2022/0277(COD)

Proposal for a regulation
Recital 40
(40) Media play a decisive role in shaping public opinion and helping citizens participate in democratic processes. This is why Member States should provide for rules and procedures in their legal systems to ensure assessment of media market concentrations that could have a significant impact on media pluralism or editorial independence. Such rules should take into account sectoral specificities, including the economic sustainability of the sector as a whole. Such rules and procedures can have an impact on the freedom to provide media services in the internal market and need to be properly framed and be transparent, objective, proportionate and non-discriminatory. Media market concentrations subject to such rules should be understood as covering those which could result in a single entity controlling or having significant interests in media services which have substantial influence on the formation of public opinion or very large online platforms carrying content provided by media service providers and very large online search engines which control access and visibility to the content of media service providers, in a given media market, within a media sub- sector or across different media sectors in one or more Member States. An important criterion to be taken into account is the reduction of competing views within that market as a result of the concentration.
2023/04/13
Committee: IMCO
Amendment 258 #

2022/0277(COD)

Proposal for a regulation
Recital 44
(44) With a view to ensuring pluralistic media markets, the national authorities or bodies and the Board should take account of a set of criteria. In particular, impact on media pluralism should be considered, including notably the effect on the formation of public opinion, taking into account of the online environment. Concurrently, it should be considered whether other media outlets, providing different and alternative content, would still coexist in the given market(s) after the media market concentration in question. Assessment of safeguards for editorial independence should include the examination of potential risks of undue interference by the prospective owner, management or governance structure in the individual editorial decisions of the acquired or merged entity. The existing or envisaged internal safeguards aimed at preserving independence of the individual editorial decisions within the media undertakings involved should also be taken into account. In assessing the potential impacts, the effects of the concentration in question on the economic sustainability of the entity or entities subject to the concentration should also be considered and whether, in the absence of the concentration, they would be economically sustainable, in the sense that they would be able in the medium term to continue to provide and further develop financially viable, adequately resourced and technologically adapted quality media services in the market. Consideration should also be given to whether concentration would stimulate investments for a vital media market.
2023/04/13
Committee: IMCO
Amendment 260 #

2022/0277(COD)

Proposal for a regulation
Recital 45
(45) Audience measurement has a direct impact on the allocation and the prices of advertising, which represents a key revenue source for the media sector. It is a crucial tool to evaluate the performance of media content and understand the preferences of audiences in order to plan the future production of content. Accordingly, media market players, in particular media service providers, rights holders and advertisers, should be able to rely on objective audience data stemming from transparent, unbiased and verifiable audience measurement solutions. However, certain new players that have emerged in the media ecosystem provide their own measurement services without making available information on their methodologies. This could result in information asymmetries and incomparable measurement systems among media market players and in potential market distortions, to the detriment of equality of opportunities for media service providers in the market. Besides media market players, right holders and advertisers, all the parties involved in producing media content, and other relevant stakeholders, should have access to audience measurement data transparently and by request where necessary. Such access will allow a more accurate understanding of audience preferences and behaviour and help inform future content production decisions. Audience measurement data should be made available in a standardized and accessible format, considering the need for confidentiality and data protection.
2023/04/13
Committee: IMCO
Amendment 267 #

2022/0277(COD)

Proposal for a regulation
Recital 46
(46) In order to enhance the verifiability and reliability of audience measurement methodologies, in particular online, transparency obligations should be laid down for providers of audience measurement systems that do not abide by the industry benchmarks agreed within the relevant self-regulatory bodies. Under these obligations, such actors, when requested and to the extent possible, should provide advertisers and media service providers or parties acting on their behalf, with information describing the methodologies employed for the measurement of the audience. Such information could consist in providing elements, such as the size of the sample measured, the definition of the indicators that are measured, the metrics, the measurement methods and the margin of error as well as the measurement period and the coverage of measurement. The obligations imposed under this Regulation are without prejudice to any obligations that apply to providers of audience measurement services under Regulation 2019/1150 or Regulation (EU) 2022/XX [Digital Markets Act]1925, including those concerning ranking or self- preferencing.
2023/04/13
Committee: IMCO
Amendment 268 #

2022/0277(COD)

Proposal for a regulation
Recital 47
(47) Codes of conduct, drawn up either by the providers of audience measurement systems or by organisations or associations representing them, cantogether with media service providers, their representative organisations and any other interested parties contribute to the effective application of this Regulation and should, therefore, be encouraged. Self- regulation has already been used to foster high quality standards in the area of audience measurement. Its further development could be seen as an effective tool for the industry with the support of national regulatory authorities or bodies to agree on the practical solutions needed for ensuring compliance of audience measurement systems and their methodologies with the principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination, comparability and verifiability. When drawing up such codes of conduct, in consultation with all relevant stakeholders and notably media service providers and independent third-party audience measurement providers, account could be taken in particular of the increasing digitalisation of the media sector and the objective of achieving a level playing field among media market players.
2023/04/13
Committee: IMCO
Amendment 270 #

2022/0277(COD)

Proposal for a regulation
Recital 47
(47) Codes of conduct, drawn up either by the providers of audience measurement systems or by organisations or associations representing them, can contribute to the effective application of this Regulation and should, therefore, be encouraged. Self- regulation has already been used to foster high quality standards in the area of audience measurement. Its further development could be seen as an effective tool for the industry to agree on the practical solutions needed for ensuring compliance of audience measurement systems and their methodologies with the principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination, comparability and verifiability. When drawing up such codes of conduct, in consultation with all relevant stakeholders and notably media service providers and independent third-party audience measurement providers, account could be taken in particular of the increasing digitalisation of the media sector and the objective of achieving a level playing field among media market players.
2023/04/13
Committee: IMCO
Amendment 275 #

2022/0277(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down common rules for the proper functioning of the internal market for media services, including the establishment of the European Board for Media Services, while preserving the quality of media services and ensuring the cultural and linguistic diversity and a high level of consumer protection.
2023/04/13
Committee: IMCO
Amendment 277 #

2022/0277(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a a (new)
(aa) Directive 2001/29/EC;
2023/04/13
Committee: IMCO
Amendment 278 #

2022/0277(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a b (new)
(ab) Directive 2010/13/EU and Directive (EU) 2018/1808, with the exception of Article 27 of this Regulation;
2023/04/13
Committee: IMCO
Amendment 286 #

2022/0277(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. This Regulation shall not affect the possibility for Member States to adopt more detailed rules in the fields covered by Chapter II and, Section 5 of Chapter III and Article 24, provided that those rules comply with Union law.
2023/04/13
Committee: IMCO
Amendment 288 #

2022/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1) ‘media service’ means a service as defined by Articles 56 and 57 of the Treaty, where the principal purpose of the service or a dissociable section thereof consists in providing programmes or press publications to the general public, by any means, in order to inform, entertain or educate, under the editorial responsibility of a media service provideras defined in Directive 2010/13/EU;
2023/04/13
Committee: IMCO
Amendment 296 #

2022/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
(2) ‘media service provider’ means a natural or legal person whose professional activity is to provide a media service and who has editorial responsibility for the cho; such as press publications within the meaning of Article of the content of the media service and determines2(4) of Directive (EU) 2019/790, and audiovisual media services within the meanner in which it is organised;ing of Article 1(1) point (a) of Directive 2010/13/EU.
2023/04/13
Committee: IMCO
Amendment 299 #

2022/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 7
(7) ‘editor-in-chief’ means a natural person or a number of natural persons possibly grouped in a body, regardless of its legal form, status and composition, that takes or supervises editorial decisions within a media service provider;, who takes or supervises editorial decisions within a media service provider. The term 'editor-in-chief' includes any natural person who exercises editorial control over the content produced by the media service provider, regardless of their job title. Any person who exercises editorial control over the content produced by the media service provider, regardless of their job title or role, shall be subject to the same obligations and responsibilities as an 'editor-in-chief' under this regulation. Media service providers are restricted from creating new job titles or roles with similar functions to 'editor-in-chief' to circumvent this regulation's provisions.
2023/04/13
Committee: IMCO
Amendment 310 #

2022/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 12
(12) ‘national regulatory authority or body’ means theany authority or body designated by Member States pursuant to Article 30 of Directive 2010/13/EU;
2023/04/13
Committee: IMCO
Amendment 312 #

2022/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13
(13) ‘media market concentration significantly impacting media pluralism’ means a concentration as defined in Article 3 of Regulation (EC) No 139/2004 involving at least one media service provider;, one provider of very large online platform or one provider of very large online search engine, and which has a significant impact on the structure of the media market.
2023/04/13
Committee: IMCO
Amendment 319 #

2022/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 14
(14) ‘audience measurement’ means the activity of collecting, interpreting orand otherwise processing data about the number and characteristics of users of media services and users of online platforms, to determine the audience size, reach and frequency for the purposes of decisions regarding advertising allocation or prices or the relatedbuying, planning, productionselling or distribution of content;
2023/04/13
Committee: IMCO
Amendment 321 #

2022/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 15
(15) ‘State advertising’ means the placement, publication or dissemination, in any media service, of a promotional or self-promotional message, normally in return for payment or for any other consideration, by, for or on behalf of any national or regional public authority, such as national, federal or regional governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities at the national or regional level, or any local government of a territorial entity of more than 1 million inhabitants;
2023/04/13
Committee: IMCO
Amendment 328 #

2022/0277(COD)

Proposal for a regulation
Article 3 – paragraph 1
Recipients of media services in the Union shall have the right to receive a plurality of news and current affairs content in their own language and related to their own cultural references, produced with respect for editorial freedom of media service providers, to the benefit of the public discourse.
2023/04/13
Committee: IMCO
Amendment 344 #

2022/0277(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. Public service media providers shall provide independently in an impartial manner a plurality of information and opinions to their audiences, in accordance with their public service mission.
2023/04/13
Committee: IMCO
Amendment 349 #

2022/0277(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. Member States shall ensure that public service media providers have adequate and stable financial resources for the fulfilment of their public service mission. Those resources and the process by which they are allocated shall be such that editorial independence is safeguarded.
2023/04/13
Committee: IMCO
Amendment 367 #

2022/0277(COD)

Proposal for a regulation
Article 6 – paragraph 2 – introductory part
2. Without prejudice to national constitutional laws consistent with the Charter, mthe editor-in-chief must, within the framework of the medium's fundamental principles and purpose set by the publisher, manage the editorial work and make decisions on editorial issues. The publisher, owner, or other company management must refrain from instructing or overruling the editor-in- chief on editorial matters, nor can they demand to see print, text, or pictures or demand to see or hear program material before it is made available to the public. Media service providers providing news and current affairs content shall take measures that they deem appropriate with a view to guaranteeing the independence of individual editorial decisions. In particular, such measures shall aim to:
2023/04/13
Committee: IMCO
Amendment 380 #

2022/0277(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. The obligations under this Article shall not apply to media service providers that are micro enterprises within the meaning of Article 3 of Directive 2013/34/EU.deleted
2023/04/13
Committee: IMCO
Amendment 385 #

2022/0277(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. The national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EUas defined in Article 2(12) shall be responsible for the application of Chapter III of this Regulation.
2023/04/13
Committee: IMCO
Amendment 391 #

2022/0277(COD)

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Those powers shall include in particular the power to request such persons to provide, within a reasonable time period, information and data that is proportionate and necessary for carrying out the tasks under Chapter III; the request can also be addressed to any other person that, for purposes related to their trade, business or profession, may reasonably be in possession of the information needed.
2023/04/13
Committee: IMCO
Amendment 396 #

2022/0277(COD)

Proposal for a regulation
Article 9 – paragraph 1
The Board shall act in full independence when performing its tasks or exercising its powers. In particular, the Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from any government, national or European institution, person or body. This shall not affect the competences of the Commission or the national regulatory authorities or bodies in conformity with this Regulation.
2023/04/13
Committee: IMCO
Amendment 399 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. The Board shall be composed of representatives of national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EUas defined in Article 2(12).
2023/04/13
Committee: IMCO
Amendment 406 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 5
5. The Commission shall designate a representative to the Board. The representative of the Commission shall participate in all activities and meetings of the Board, without voting rights. The Chair of the Board shall keep the Commission informed about the ongoing and planned activities of the Board. The Board shall consultseek the views of the Commission in preparation of its work programme and main deliverables. The Board may seek the views of other interested parties.
2023/04/13
Committee: IMCO
Amendment 412 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 6
6. The Board, ion agreement with the Commission case-by-case basis, may invite experts and observers to attend its meetings.
2023/04/13
Committee: IMCO
Amendment 418 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 8
8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights, in agreement with the Commission.
2023/04/13
Committee: IMCO
Amendment 433 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Without prejudice to the powers granted to the Commission by the Treaties, the Board shall promote the effective and consistent application of this Regulation and of national rulmeasures implementing Directive 2010/13/EU throughout the Union. The Board shall:
2023/04/13
Committee: IMCO
Amendment 439 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point c
(c) advise the Commission, on its own initiative or where requested by it, on regulatorythe Commission, technical or practical aspects pertinent to the consistent application of this Regulation and implementation of Directive 2010/13/EU as well as all on other matters related to media services within its competence. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, taking into account the urgency of the matter;
2023/04/13
Committee: IMCO
Amendment 440 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point d
(d) on its own initiative, or when requested by the Commission, provide opinions on the technical and factual issues that arise with regard to Article 2(5c), Article 3(2) and (3), Article 4(4), point (c) and Article 28a(7) of Directive 2010/13/EU;
2023/04/13
Committee: IMCO
Amendment 447 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
2023/04/13
Committee: IMCO
Amendment 452 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point f – introductory part
(f) on its own initiative or upon request of the Commission, draw up opinions with respect to:
2023/04/13
Committee: IMCO
Amendment 465 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point m a (new)
(ma) In so far as necessary to achieve the objectives set out in this Regulation and carry out its tasks, and without prejudice to the competences of the Member States and the institutions of the Union, the Board, in consultation with the Commission, may cooperate with competent Union bodies, offices, agencies and advisory groups, with competent authorities of third countries and with international organizations. To that end, the Board may establish working arrangements subject to prior approval by the Commission.
2023/04/13
Committee: IMCO
Amendment 472 #

2022/0277(COD)

Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 1 – point b a (new)
(ba) the request was not duly justified and proportionate.
2023/04/13
Committee: IMCO
Amendment 475 #

2022/0277(COD)

Proposal for a regulation
Article 13 – paragraph 7
7. Where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request, it shall inform the requested authority without undue delay, explaining the reasons for its position. If the requested authority does not agree with that position, or if the requested authority’s reaction is missing, either authority may refer the matter to the Board. Within 14 calendar days from the receipt of that referral, the Board shall issue, in agreementconsultation with the Commission, where deemed relevant, an opinion on the matter, including recommended actions. The requested authority shall do its outmost to take into account the opinion of the Board.
2023/04/13
Committee: IMCO
Amendment 482 #

2022/0277(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. If no amicable solution has been found following mediation by the Board, the requesting national authority or body or the requested national authority or body may request the Board to issue an opinion on the matter. In its opinion the Board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. If the Board considers that the requested authority has not complied with such a request, the Board shall recommend actions to comply with the request. The Board shall issue its opinion, in agreementconsultation with the Commission, where deemed relevant, without undue delay.
2023/04/13
Committee: IMCO
Amendment 489 #

2022/0277(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point b
(b) making information accessible on the ownership structure of media service providers, as provided under Article 5(2) of Directive 2010/13/EU, as well as their subsidiaries, sister companies and parent companies.
2023/04/13
Committee: IMCO
Amendment 491 #

2022/0277(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. TAssisted by the Board, the Commission may issue an opinion on any matter related to the application of this Regulation and of the national rules implementing Directive 2010/13/EU. The Board shall assist the Commission in this regard, where requested.
2023/04/13
Committee: IMCO
Amendment 495 #

2022/0277(COD)

Proposal for a regulation
Article 15 – paragraph 4 a (new)
4a. The Board shall assess the state of media freedom in each Member State and issue an annual report. The Board shall consult with relevant stakeholders, including media organizations and civil society groups, to develop the criteria necessary for the report, such as the state of the independence of media outlets, the level of media pluralism, journalists' access to information, journalists' safety, the level of media ownership concentration, the effectiveness of media self-regulation, public trust in the media, the existence of public funding for media, and the level of media literacy among the general public. The transparency index and other criteria should reflect the concerns and priorities of these stakeholders and be reviewed annually to ensure they remain relevant and effective in promoting media freedom and plurality.
2023/04/13
Committee: IMCO
Amendment 496 #

2022/0277(COD)

Proposal for a regulation
Article 15 – paragraph 4 b (new)
4b. National regulatory agencies or bodies shall provide the Board with relevant data and information necessary to compile the annual report on media freedom in their respective Member States. This information should be delivered promptly and in a format compatible with the Board's reporting requirements.
2023/04/13
Committee: IMCO
Amendment 497 #

2022/0277(COD)

Proposal for a regulation
Article 16 – title
Coordination of measures concerning media service providers established or media services originating outside the Union
2023/04/13
Committee: IMCO
Amendment 499 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. The Board shallWithout prejudice to Article 3 of Directive 2010/13/EU, the Board shall, upon request of the national regulatory authorities or bodies from at least two Member States, coordinate relevant measures by the national regulatory authorities or bodies concerned, related to the dissemination of or access by any technical means to media services provided by media service providers established outside of the Union that target audiences in the Union or media services originating from outside the Union but distributed by providers established in the Union where, inter alia in view of the control that may be exercised by third countries over them, such media services prejudice or present a serious and grave risk of prejudice to public security and defence, or public health, or where their programs include incitement to violence, hatred or public provocation to commit a terrorist offence.
2023/04/13
Committee: IMCO
Amendment 505 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. The Board, in agreementconsultation with the Commission, may issue opinions on appropriate national measures under paragraph 1. AllWithout prejudice to their powers under national law, the competent national authorities concerned, including the national regulatory authorities or bodies, shall do their utmost to take into account the opinions of the Board.
2023/04/13
Committee: IMCO
Amendment 510 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 2 a (new)
2a. Member States shall ensure that when relevant, national regulatory authorities or bodies, when deciding to take action against a media service provider originating from outside of the Union, have a legal basis to take into account at least one of the following conditions: (i) a decision taken against that provider by a national regulatory authority or body from another Member State (ii) an opinion of the Board relating to that provider and taken on the grounds of this article
2023/04/13
Committee: IMCO
Amendment 513 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 2 b (new)
2b. Very large online platforms shall find a solution to monitor and assess media services published by providers from outside the EU and targeting audiences in the Member States. They shall find the necessary expertise and resources to identify and evaluate content that may present a risk to public security and defence and shall work in close coordination with national regulatory authorities or bodies and the Board to ensure that such content does not pose a threat to the safety and well-being of EU citizens.
2023/04/13
Committee: IMCO
Amendment 515 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 2 c (new)
2c. The platforms shall regularly review and update their technical and organisational measures to prevent such content from being disseminated on their platforms in compliance with the EU legislation and the requirements of Regulation (EU) 2022/2065. These measures should be designed to be effective, proportionate, and transparent.
2023/04/13
Committee: IMCO
Amendment 516 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 2 d (new)
2d. The platforms shall establish a transparent and accountable process for reporting on their compliance with the Regulation, including the measures taken to prevent the dissemination of content coming from media service providers from outside the EU, that may present a risk to public security and defence. These reports shall be made publicly available on the platforms' websites and shall include the following: (i) Information on the number of media services assessed; (ii) The number of content items restricted or suspended; (iii) The reasons for such restrictions or suspensions. The reports shall also include information on the measures taken to ensure compliance with the Regulation, including any changes to the technical or organizational measures used to prevent the dissemination of such content.
2023/04/13
Committee: IMCO
Amendment 517 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 2 e (new)
2e. The platforms shall cooperate fully with any investigations or inquiries conducted by regulatory authorities or bodies on media service providers from outside the EU, that may present a risk to public security and defence, and shall provide all required information and data to support such investigations or inquiries.
2023/04/13
Committee: IMCO
Amendment 533 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
(ca) it is subject to the supervision of an independent national regulatory authority or body and/or to a self- or co- regulatory mechanism, of which name and contact details shall be stated. The provider of the very large online platform shall ask the respective supervising or monitoring entity to confirm the information given by the declarant. The declaration of a media service provider shall only be deemed valid if the supervising or monitoring entities exist and can confirm the declarant's adherence to the regulations and/or codes of practice.
2023/04/13
Committee: IMCO
Amendment 535 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 1 a (new)
1a. In order to prevent the misuse of the declaration system, a very large online platform may invalidate the declaration of a media service provider if the media service provider has repeatedly violated national or European law or if its content has been frequently suspended or restricted on the basis of a breach of the terms and conditions following the procedure referred to in paragraph 2 of this Article. The provider of a very large online platform or search engine shall inform the supervising or regulatory entity and the Board about the invalidation of the declaration.
2023/04/13
Committee: IMCO
Amendment 549 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. Without prejudice to its obligations pursuant to Articles 24 and 35 of Regulation (EU) 2022/2065, where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], it shall take all possible measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX [Digital Services Act]2065, to communicate to the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150 and Article 17 of Regulation (EU) 2022/2065, prior to the suspension taking effect.
2023/04/13
Committee: IMCO
Amendment 553 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 3
3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 11 of Regulation (EU) 2019/1150 and Article 20 of Regulation (EU) 2022/2065 by media service providers that submitted a declaration pursuant to paragraph 1 of this Article are processed and decided upon with priority and without undue delay.
2023/04/13
Committee: IMCO
Amendment 580 #

2022/0277(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. The Board shall report on the results of the dialogue to the Commission. The Commission shall take this report into account for its assessment of the compliance of the very large online platforms with their obligations relating to systemic risks mitigation pursuant to Article 35 of Regulation (EU) 2022/2065.
2023/04/13
Committee: IMCO
Amendment 601 #

2022/0277(COD)

Proposal for a regulation
Article 21 – title
Assessment of media market concentrations significantly impacting media pluralism
2023/04/13
Committee: IMCO
Amendment 606 #

2022/0277(COD)

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Member States shall provide, in their national legal systems, substantive and procedural rules which ensure an assessment of media market concentrations that could have a significantly impact oning media pluralism and editorial independence. These rules shall:
2023/04/13
Committee: IMCO
Amendment 612 #

2022/0277(COD)

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point d a (new)
(da) take into account the media market in its entirety, including the online environment and very large online platforms.
2023/04/13
Committee: IMCO
Amendment 614 #

2022/0277(COD)

Proposal for a regulation
Article 21 – paragraph 2 – introductory part
2. In the assessment referred to in paragraph 1, the following elements shallmay be taken into account:
2023/04/13
Committee: IMCO
Amendment 619 #

2022/0277(COD)

Proposal for a regulation
Article 21 – paragraph 2 – point a
(a) the impact of the concentration on media pluralism, including a risk assessment to identify any systemic risks to media freedom and pluralism in the particular Member State, and its effects on the formation of public opinion and on the diversity of media players on the market, taking into account the online environment and the parties’ interests, links or activities in other media or non- media businesses;
2023/04/13
Committee: IMCO
Amendment 625 #

2022/0277(COD)

Proposal for a regulation
Article 21 – paragraph 2 – point b
(b) the safeguards for editorial independence, including the impact of the concentration on the functioning of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial decisions, in line with national media laws and self-regulation;
2023/04/13
Committee: IMCO
Amendment 631 #

2022/0277(COD)

Proposal for a regulation
Article 21 – paragraph 2 – point c
(c) whether, in the absence of the concentration, the acquiring and acquired entity would remain economically sustainable, and whether there are any possible alternatives to ensure its economic sustainability concentration would stimulate investments.
2023/04/13
Committee: IMCO
Amendment 639 #

2022/0277(COD)

Proposal for a regulation
Article 21 – paragraph 4
4. The national regulatory authority or body shallmay consult the Board in advance on any opinion or decision it aims to adopt assessing the impact on media pluralism and editorial independence of a notifiable media market concentration significantly impacting media pluralism, where such concentrations may affect the functioning of the internal market.
2023/04/13
Committee: IMCO
Amendment 643 #

2022/0277(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. In the absence of an assessment or a consultation pursuant to Article 21, the Board, on its own initiative or upon request of the Commission, shall draw up an opinion on the impact of a media market concentration on media pluralism and editorial independence, where a media market concentration is likely to affect the functioning of the internal market for media services. The Board shall base its opinion on the elements set out in Article 21(2) and its risk assessment concerning systemic risks to media freedom and media pluralism in the particular Member State. The Board may bring media market concentrations likely to affect the functioning of the internal market for media services to the attention of the Commission.
2023/04/13
Committee: IMCO
Amendment 650 #

2022/0277(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. Audience measurement systems and methodologies shall comply with principles of transparency, impartiality, comparability, inclusiveness, proportionality, non- discrimination and verifiability.
2023/04/13
Committee: IMCO
Amendment 651 #

2022/0277(COD)

Proposal for a regulation
Article 23 – paragraph 1 a (new)
1a. Undertakings that draw revenues from advertising on the media market must delegate the measurement of audiences to independent third parties to ensure neutrality for advertising related transactions. The aggregate audience reports produced by independent third parties shall be made available upon request to relevant market operators and public authorities subject to appropriate compensation and in accordance with competition rules.
2023/04/13
Committee: IMCO
Amendment 655 #

2022/0277(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. Without prejudice to the protection 2. of undertakings’ business secrets and intellectual property rights, providers of proprietary audience measurement systems developed without market governance or outside of industry standards agreed by the relevant self-regulatory bodies shall provide, without undue delay and free of costs, to media service providers and advertisers, right holders, as well as to third parties authorised by media service providers and advertisers, accurate, detailed, comprehensive, intelligible and up-to-date information on the methodology used and the data collected by their audience measurement systems. The information must be as granular as the information on methodologies published by self-regulatory bodies that govern the agreed industry standards on audience measurement. The methodology and its application shall be audited at least once a year by an independent body. This provision shall not affect the Union’s data protection and privacy rules.
2023/04/13
Committee: IMCO
Amendment 663 #

2022/0277(COD)

Proposal for a regulation
Article 23 – paragraph 3
3. National regulatory authorities or bodies shall encourage the drawing up of codes of conduct by providers of audience measurement systems, including online platforms, together with media service providers, their representative organisations and any other interested parties, that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits.
2023/04/13
Committee: IMCO
Amendment 664 #

2022/0277(COD)

Proposal for a regulation
Article 23 – paragraph 3
3. National regulatory authorities or bodies shall encourage the drawing up of codes of conduct by pProviders of audience measurement systems, including online platforms, together with media service providers, their representative organisations and any other interested parties, shall draw up codes of conduct, with the support of national regulatory authorities or bodies, that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits.
2023/04/13
Committee: IMCO
Amendment 675 #

2022/0277(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. Public funds or any other consideration or advantage granted by public authorities to media service providers and online platforms for the purposes of advertising shall be awarded according to transparent, objective, proportionate and non- discriminatory criteria and through open, proportionate and non-discriminatory procedures. This Article shall not affect public procurement rules.
2023/04/13
Committee: IMCO
Amendment 677 #

2022/0277(COD)

Proposal for a regulation
Article 24 – paragraph 2 – introductory part
2. Public authorities, including national, federal or regional governments, regulatory authorities or bodies, as well as state-owned enterprises or other state- controlled entities at the national or regional level, or local governments of territorial entities of more than 1 million inhabitants, shall make publicly available accurate, comprehensive, intelligible, detailed and yearly information about their advertising expenditure allocated to media service providers, which shall include at least the following details:
2023/04/13
Committee: IMCO
Amendment 699 #

2022/0277(COD)

Proposal for a regulation
Article 24 a (new)
Article 24a Allocation of public funding from third countries Any media service provider or online platform which receives public funds or any other consideration or advantage for the purposes of advertising from third- countries shall annually submit a report to the national regulatory authority or body which shall include at least the following details: (a) the legal names of the entities granting public funds or other consideration or advantage; (b) the total annual amount of the public funds granted by each such entity; (c) a description and estimated value of each public funding or any other consideration or advantage. The information reported according to this paragraph shall be made publicly available.
2023/04/13
Committee: IMCO
Amendment 76 #

2022/0272(COD)

Proposal for a regulation
Recital 20
(20) Products with digital elements should bear the CE marking to visibly, legibly and indelibly indicate their conformity with this Regulation so that they can move freely within the internal market. Member States should not create unjustified obstacles to the placing on the market of products with digital elements that comply with the requirements laid down in this Regulation and bear the CE marking.
2023/04/28
Committee: IMCO
Amendment 97 #

2022/0272(COD)

Proposal for a regulation
Recital 34 a (new)
(34 a) ENISA should be responsible for publishing and maintaining a database of known exploited vulnerabilities. Manufacturers should monitor the database and notify vulnerabilities found in their products.
2023/04/28
Committee: IMCO
Amendment 139 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 40 a (new)
(40 a) 'partly completed products with digital elements' means a tangible item which is unable to function independently and which is only produced with the aim of be incorporated into or assembled with a product with digital elements or other partly completed product with digital elements, and which can only be effectively assessed for its conformity taking into account how it is incorporated into an intended final product with digital elements;
2023/04/28
Committee: IMCO
Amendment 141 #

2022/0272(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Member States shall not impede, for the matters covered by this Regulation, the making available on the market of products with digital elements or partly completed products with digital elements which comply with this Regulation.
2023/04/28
Committee: IMCO
Amendment 145 #

2022/0272(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. At trade fairs, exhibitions and demonstrations or similar events, Member States shall not prevent the presentation and use of a product with digital elements or a partly completed product with digital elements which does not comply with this Regulation.
2023/04/28
Committee: IMCO
Amendment 152 #

2022/0272(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b
(b) the intended use in sensitive environments, including in industrial settingcritical applications in sensitive environments or by essential entities of the type referred to in the Annex [Annex I] to the Directive [Directive XXX/XXXX (NIS2)];
2023/04/28
Committee: IMCO
Amendment 163 #

2022/0272(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Products with digital elements or partly completed products with digital elements classified as high-risk AI systems in accordance with Article [Article 6] of Regulation [the AI Regulation] which fall within the scope of this Regulation, and fulfil the essential requirements set out in Section 1 of Annex I of this Regulation, and where the processes put in place by the manufacturer are compliant with the essential requirements set out in Section 2 of Annex I, shall be deemed in compliance with the requirements related to cybersecurity set out in Article [Article 15] of Regulation [the AI Regulation], without prejudice to the other requirements related to accuracy and robustness included in the aforementioned Article, and in so far as the achievement of the level of protection required by those requirements is demonstrated by the EU declaration of conformity issued under this Regulation.
2023/04/28
Committee: IMCO
Amendment 169 #

2022/0272(COD)

Proposal for a regulation
Article 9 – paragraph 1
Machinery products under the scope of Regulation [Machinery Regulation proposal] which are products with digital elements or partly completed products with digital elements within the meaning of this Regulation and for which an EU declaration of conformity has been issued on the basis of this Regulation shall be deemed to be in conformity with the essential health and safety requirements set out in Annex [Annex III, Sections 1.1.9 and 1.2.1] to Regulation [Machinery Regulation proposal], as regards protection against corruption and safety and reliability of control systems, and in so far as the achievement of the level of protection required by those requirements is demonstrated in the EU declaration of conformity issued under this Regulation.
2023/04/28
Committee: IMCO
Amendment 192 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The manufacturer shall, without undue delay and in any event within 24 hours of becoming aware of it, notify to ENISA any actively exploited vulnerability contained in the product with digital elements. The notification shall include details concerning that vulnerability and, where applicable, any corrective or mitigating measures taken. ENISA shall, without undue delay, unless for justified cybersecurity risk-related grounds, forward the notification to the CSIRT designated for the purposes of coordinated vulnerability disclosure in accordance with Article [Article X] of Directive [Directive XXX/XXXX (NIS2)] of Member States concerned upon receipt and immediately inform the market surveillance authority about the notified vulnerability. Where a notified vulnerability has no corrective or mitigating measures available, ENISA shall ensure that information about the notified vulnerability is shared in line with strict security protocols and on a need-to-know-basis.
2023/04/28
Committee: IMCO
Amendment 196 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. The manufacturer shall, without undue delay and in any event within 24 hours of becoming aware of it, by means of an early warning, notify to ENISA of any incident having a significant impact on the security of the product with digital elements. The manufacturer shall without undue delay and in any event within 72 hours of becoming aware of the significant incident related to the product with digital elements further notify ENISA more details on the significant incident. ENISA shall, without undue delay, unless for justified cybersecurity risk-related grounds, forward the notifications to the single point of contact designated in accordance with Article [Article X] of Directive [Directive XXX/XXXX (NIS2)] of the Member States concerned and immediately inform the market surveillance authority about the notified incidents. The incident notification shall include information on the severity and impact of the incident and, where applicable, indicate whether the manufacturer suspects the incident to be caused by unlawful or malicious acts or considers it to have a cross-border impact.
2023/04/28
Committee: IMCO
Amendment 222 #

2022/0272(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex IV and shall contain the elements specified in the relevant conformity assessment procedures set out in Annex VI. Such a declaration shall be continuously updatedupdated as appropriate. It shall be made available in the language or languages required by the Member State in which the product with digital elements is placed on the market or made available.
2023/04/28
Committee: IMCO
Amendment 223 #

2022/0272(COD)

Proposal for a regulation
Article 20 a (new)
Article 20 a EU Declaration of Incorporation for partly completed products with digital elements 1. The EU declaration of incorporation shall be drawn up by manufacturers in accordance with Article 10(7) and state that the fulfilment of the relevant essential requirements set out in Annex I has been demonstrated. 2. The EU declaration of incorporation shall have the model structure set out in Annex IVa (new). Such a declaration shall be updated as appropriate. It shall be made available in the language or languages required by the Member State in which the partly completed product with digital elements is placed on the market or made available. 3. Where a partly completed product with digital elements is subject to more than one Union act requiring an EU declaration of incorporation, a single EU declaration of incorporation shall be drawn up in respect of all such Union acts. That declaration shall contain the identification of the Union acts concerned, including their publication references. 4. The Commission is empowered to adopt delegated acts in accordance with Article 50 to supplement this Regulation by adding elements to the minimum content of the EU declaration of incorporation as set out in Annex IVa (new) to take account of technological developments.
2023/04/28
Committee: IMCO
Amendment 224 #

2022/0272(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. The CE marking shall be affixed visibly, legibly and indelibly to the product with digital elements. Where that is not possible or not warranted on account of the nature of the product with digital elements, it shall be affixed to the packaging and to the EU declaration of conformity referred to in Article 20 accompanying the product with digital elements. For products with digital elements which are in the form of software, the CE marking shall be affixed either to the EU declaration of conformity referred to in Article 20 or on the website accompanying the software product. In the latter case, the relevant section of the website shall be easily and directly accessible to consumers.
2023/04/28
Committee: IMCO
Amendment 225 #

2022/0272(COD)

Proposal for a regulation
Article 22 – paragraph 3
3. The CE marking shall be affixed before the product with digital elements is placed on the market. It may be followed by a pictogram or any other mark indicating to consumers a special risk or use set out in implementing acts referred to in paragraph 6.
2023/04/28
Committee: IMCO
Amendment 226 #

2022/0272(COD)

Proposal for a regulation
Article 22 – paragraph 5
5. Member States shall build upon existing mechanisms to ensure correct and harmonised application of the regime governing the CE marking and shall take appropriate and coordinated action in the event of improper use of that marking. Where the product with digital elements is subject to other Union legislation which also provides for the affixing of the CE marking, the CE marking shall indicate that the product also fulfils the requirements of that other legislation.
2023/04/28
Committee: IMCO
Amendment 227 #

2022/0272(COD)

Proposal for a regulation
Article 22 – paragraph 6
6. The Commission may, by means of implementingdelegated acts, lay down technical specifications for labelling schemes, including harmonised labels, pictograms or any other marks related to the security of the products with digital elements, and mechanisms to promote their use. Those implementing among businesses and consumers and to increase public awareness about security of products with digital elements. Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 51(2)0.
2023/04/28
Committee: IMCO
Amendment 229 #

2022/0272(COD)

Proposal for a regulation
Article 22 – paragraph 6 a (new)
6 a. A partly completed product with digital elements shall not be marked with the CE marking under this Regulation without prejudice of marking provisions resulting from other applicable Union legislation.
2023/04/28
Committee: IMCO
Amendment 234 #

2022/0272(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point c a (new)
(c a) a European cybersecurity certification scheme adopted in accordance with Article 18(4) of Regulation (EU) 2019/881.
2023/04/28
Committee: IMCO
Amendment 236 #

2022/0272(COD)

Proposal for a regulation
Article 24 – paragraph 2 – point b a (new)
(b a) where applicable, a European cybersecurity certification scheme at assurance level ‘substantial’ or ‘high’ pursuant to Regulation (EU) 2019/881.
2023/04/28
Committee: IMCO
Amendment 256 #

2022/0272(COD)

Proposal for a regulation
Article 41 – paragraph 3
3. Where relevant, the market surveillance authorities shall cooperate with the national cybersecurity certification authorities designated under Article 58 of Regulation (EU) 2019/881 and exchange information on a regular basis. With respect to the supervision of the implementation of the reporting obligations pursuant to Article 11 of this Regulation, the designated market surveillance authorities shall effectively cooperate with ENISA. The market surveillance authorities may request ENISA to provide technical advice on matters related to the implementation and enforcement of this Regulation, including during investigations in accordance with Article 43.
2023/04/28
Committee: IMCO
Amendment 259 #

2022/0272(COD)

Proposal for a regulation
Article 41 – paragraph 7
7. The Commission shall facilitate the regular and structured exchange of experience between designated market surveillance authorities, including via a dedicated administrative cooperation group (ADCO) established under paragraph 11 of this Article.
2023/04/28
Committee: IMCO
Amendment 261 #

2022/0272(COD)

Proposal for a regulation
Article 41 – paragraph 11
11. A dedicated administrative cooperation group (ADCO) shall be established for the uniform application of this Regulation, pursuant to Article 30(2) of Regulation (EU) 2019/1020. This ADCOto facilitate structured cooperation in relation to the implementation of this Regulation and to streamline the practices of market surveillance authorities within the Union, pursuant to Article 30(2) of Regulation (EU) 2019/1020. This ADCO shall have, in particular, the tasks referred to in Article 32(2) of Regulation (EU) 2019/1020 and shall be composed of representatives of the designated market surveillance authorities, ENISA and, if appropriate, representatives of single liaison offices. The ADCO shall meet at regular intervals and, where necessary, at the duly justified request of the Commission or ENISA or a Member State and shall coordinate its action with other existing Union activities related to market surveillance and consumer safety and, where relevant, shall cooperate and exchange information with other Union networks, groups and bodies. The ADCO may invite experts and other third parties, including consumer organisations, to attend its meetings.
2023/04/28
Committee: IMCO
Amendment 288 #

2022/0272(COD)

Proposal for a regulation
Article 49 a (new)
Article 49 a Provision of technical advice 1. The Commission shall appoint by way of an implementing act an expert group to provide technical advice to market surveillance authorities on matters related to the implementation and enforcement of this Regulation. The implementing act shall specify, inter alia, the details related to the composition of the group, its operation and the remuneration of its members. In particular, the expert group shall provide non-binding evaluations of products with digital elements upon request by a market surveillance authority that is conducting an investigation under Article 43 and of the list of critical products with digital elements set out in Annex II, as well as on the possible need to update that list. 2. The expert group shall consist of independent experts appointed for a renewable three-year term by the Commission on the basis of their scientific or technical expertise in the field. 3. The Commission shall appoint a number of experts which is deemed sufficient to fulfil the foreseen needs. 4. The Commission shall take the necessary measures to manage and prevent any conflicts of interest. The Declarations of interests of the members of the expert group shall be made publicly available. 5. The appointed experts shall perform their tasks with the highest level of professionalism, independence, impartiality and objectivity. 6. When adopting positions, views and reports, the expert group shall attempt to reach consensus. If consensus cannot be reached, decisions shall be taken by simple majority of the group members.
2023/04/28
Committee: IMCO
Amendment 294 #

2022/0272(COD)

Proposal for a regulation
Chapter VII a (new)
CHAPTER VIIa MEASURES IN SUPPORT OF INNOVATION: Article 53a Regulatory sandboxes 1. The Commission and ENISA, shall establish a European regulatory sandbox with voluntary participation of manufacturers of products with digital elements to: (a) provide for a controlled environment that facilitates the development, testing and validation of the design, development and production of products with digital elements, before their placement on the market or putting into service pursuant to a specific plan; (b) provide practical support to economic operators, including via guidelines and best practices to comply with the essential requirements set out in Annex I. (c) contribute to evidence-based regulatory learning.
2023/04/28
Committee: IMCO
Amendment 109 #

2022/0269(COD)

Proposal for a regulation
Recital 3
(3) The eradication of forced labour in all its forms, including state imposed forced labour, is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.
2023/06/09
Committee: INTAIMCO
Amendment 115 #

2022/0269(COD)

Proposal for a regulation
Recital 5
(5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the valuesupply chains of undertakings established in the Union.
2023/06/09
Committee: INTAIMCO
Amendment 117 #

2022/0269(COD)

Proposal for a regulation
Recital 6
(6) Union trade policy supports the fight against forced labour in both unilateral and bilateral trade relationships. The trade and sustainable development chapters of Union trade agreements contain a commitment to ratify and effectively implement the fundamental ILO Conventions, which include ILO Convention No. 29 and ILO Convention No. 105. Moreover, unilateral trade preferences under the Union’s General Scheme of Preferences couldan be withdrawn for serious and systematic violations of ILO Convention No. 29 and ILO Convention No. 105.
2023/06/09
Committee: INTAIMCO
Amendment 126 #

2022/0269(COD)

Proposal for a regulation
Recital 8
(8) [In particular, Directive 20XX/XX/EU on Corporate Sustainability Due Diligence sets out horizontal due diligence obligations for companies to identify, prevent, mitigate and account for actual and potential adverse impacts on human rights, including forced labour, and the environment that they caused, contributed to or are directly linked to in the company’s own operations, and its subsidiaries and in its value chains, in accordance with international human and labour rights standards and environmental conventions. Those obligations apply to large companies over a certain threshold in terms of number of employees and net turnover, and to smaller companies in high-impact sectorat Directive also strengthens access to remedy for those affected by such impacts. Those obligations apply to large companies over a certain threshold in terms of number of employees and net turnover.22 ] _________________ 22 Directive 20XX/XX/EU of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937, OJ XX, XX.XX.20XX, p. XX.
2023/06/09
Committee: INTAIMCO
Amendment 136 #

2022/0269(COD)

Proposal for a regulation
Recital 16
(16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, including working or processing related to the products. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported. Considering that this is a product based regulation, such prohibition should not apply to services.
2023/06/09
Committee: INTAIMCO
Amendment 143 #

2022/0269(COD)

Proposal for a regulation
Recital 18
(18) Micro, small and medium-sized enterprises (’SMEs’) can have limited resources and ability to ensure that the products they place or make available on the Union market are free from forced labour. The Commission should therefore issue thorough guidelines on due diligence in relation to forced labour, which should take into account also the size and economic resources of economic operators. In addition, the Commission should issue clear guidelines on forced-labour risk indicators and on publicly available information in order to help SMEs, as well as other economic operators, to comply with the requirements of the prohibition. The guidelines should be publicly available at least 18 months before the date of application of this Regulation.
2023/06/09
Committee: INTAIMCO
Amendment 153 #

2022/0269(COD)

Proposal for a regulation
Recital 19
(19) The competent authorities of the Member States should monitor the market to identify violations of the prohibition. In appointing those competent authorities, Member States should ensure that those authorities have sufficient resources and that their staff has the necessary competences and knowledge, especially with regard to human rights, valuesupply chain management and due diligence processes. Competent authorities should closely coordinate with national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings in such a way as to avoid jeopardising investigations by such authorities.
2023/06/09
Committee: INTAIMCO
Amendment 162 #

2022/0269(COD)

Proposal for a regulation
Recital 21
(21) When identifying potential violations of the prohibition, the competent authorities should follow a risk-based approach and assess all information available to them. Competent authorities should initiate an confidential investigation where, based on their assessment of all available information, they establish that there is a substantiated concern of a violation of the prohibition.
2023/06/09
Committee: INTAIMCO
Amendment 166 #

2022/0269(COD)

Proposal for a regulation
Recital 22
(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and valuesupply chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and valuesupply chains. Appropriate due diligence means that forced labour issues in the valuesupply chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated. Economic operators, which are not within the scope of [Directive 20XX/XX/EU on Corporate Sustainability Due Diligence], shall not be disadvantaged for not having conducted due diligence in accordance with that Directive. Questions regarding remediation are covered by [Directive 20XX/XX/EU on Corporate Sustainability Due Diligence].
2023/06/09
Committee: INTAIMCO
Amendment 179 #

2022/0269(COD)

Proposal for a regulation
Recital 23 a (new)
(23a) In order to ensure consistency in the actions and decisions by competent authorities, the Commission should issue clear guidelines for the competent authorities and coordinate their work.
2023/06/09
Committee: INTAIMCO
Amendment 184 #

2022/0269(COD)

Proposal for a regulation
Recital 24
(24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the valuesupply chain where there is a higher risk of forced labour with respect to the products under investigation, also taking into account their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.
2023/06/09
Committee: INTAIMCO
Amendment 189 #

2022/0269(COD)

Proposal for a regulation
Recital 25
(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the valuesupply chain as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.
2023/06/09
Committee: INTAIMCO
Amendment 198 #

2022/0269(COD)

Proposal for a regulation
Recital 26
(26) Competent authorities should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a product, including working or processing related to the product, but excluding services, related to the product and whether or not the product is classified as high risk, on the basis of all information and evidence gathered during the investigation, including its preliminary phase. To ensure their right to due process, economic operators should have the opportunity to provide information in their defence to the competent authorities throughout the investigation.
2023/06/09
Committee: INTAIMCO
Amendment 209 #

2022/0269(COD)

Proposal for a regulation
Recital 27
(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them recycled, and if that is not possible, they should have the products destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
2023/06/09
Committee: INTAIMCO
Amendment 224 #

2022/0269(COD)

Proposal for a regulation
Recital 30
(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are recycled, and if that is not possible, they should have the products destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators.
2023/06/09
Committee: INTAIMCO
Amendment 235 #

2022/0269(COD)

Proposal for a regulation
Recital 32
(32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities, through a designated webportal at Union level, when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission.
2023/06/09
Committee: INTAIMCO
Amendment 244 #

2022/0269(COD)

Proposal for a regulation
Recital 34
(34) Decisions of the competent authorities establishing a violation of the prohibition should be communicated to customs authorities, who should aim at identifying the product concerned amongst products declared for release for free circulation or export. The Commission and Member States shall ensure that the Customs authorities have sufficient resources to carry out these controls. The competent authorities should be responsible for the overall enforcement of the prohibition with regard to the internal market as well as products entering or leaving the Union market. Since forced labour is part of the manufacturing process and does not leave any trace on the product, and Regulation (EU) 2019/1020 covers only manufactured products and its scope is limited to release for free circulation, the customs authorities would be unable to act autonomously under Regulation (EU) 2019/1020 for the application and enforcement of the prohibition. The specific organisation of controls of each Member State should be without prejudice to Regulation (EU) No 952/2013 of the European Parliament and of the Council32 and its general provisions on the control and supervisory powers of customs authorities. _________________ 32 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, p. 1).
2023/06/09
Committee: INTAIMCO
Amendment 248 #

2022/0269(COD)

Proposal for a regulation
Recital 35
(35) The information currently made available to customs authorities by economic operators includes only general information on the products but lacks information on the manufacturer or producer and product suppliers as well as specific information on products. In order for customs authorities to be able to identify products entering or leaving the Union market that may violate the Regulation and should accordingly be stopped at the EU external borders, economic operators should submit to customs authorities information allowing matching a decision of the competent authorities with the product concerned. This should include information on the manufacturer or producer and the product suppliers as well as any other information on the product itself. To this end, the Commission should be empowered to adopt delegated acts identifying the products for which such information should be provided using, amongst others, the database established under this Regulation as well as the information and decisions of the competent authorities encoded in the information and communication system set out in Article 34 of Regulation (EU) 2019/1020 (‘ICSMS’). Moreover, the Commission should be empowered to adopt, the implementing acts necessary to specify the details of the information to be made available to customs by the economic operators. This information should include the description, name or brand of the product, specific requirements under Union legislation for the identification of the product (such as a type, reference, model, batch or serial number affixed on the product, or provided on the packaging or in a document accompanying the product, or unique identifier of the digital product passport) as well as details on the manufacturer or producer and the product suppliers, including for each of them their name, trade name or registered trademark, their contact details, their unique identification number in the country they are established and, where available, their Economic Operators Registration and Identification (EORI) number. The review of the Union Customs Code will consider introducing in the customs legislation the information required to be made available to customs by the economic operators for the enforcement of this Regulation and more broadly to strengthen the transparency of the supply chain. The Commission should issue guidance and support to economic operators, especially SMEs, on how to collect the required information.
2023/06/09
Committee: INTAIMCO
Amendment 253 #

2022/0269(COD)

Proposal for a regulation
Recital 36
(36) Customs authorities that identify a product that may be covered by a decision communicated by competent authorities establishing a violation of the prohibition should suspend the release of that product and notify the competent authorities immediately. Competent authorities should reach a conclusion within a clearly specified, reasonable timeframe on the case notified to them by the customs authorities, either by confirming or by denying that the product concerned is covered by a decision. Where necessary the competent authorities should be authorised to require maintaining the suspension of its release. In the absence of a conclusion by competent authorities within the specified time limit, customs authorities should release the products if all other applicable requirements and formalities are fulfilled. Generally, the release for free circulation or export should also not be deemed to be proof of compliance with Union law, since such a release does not necessarily include a complete control of such compliance.
2023/06/09
Committee: INTAIMCO
Amendment 260 #

2022/0269(COD)

Proposal for a regulation
Recital 37
(37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be recycled, and if that is not possible, the product should be destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management, which excludes re-export in case of non-Union goods.
2023/06/09
Committee: INTAIMCO
Amendment 264 #

2022/0269(COD)

Proposal for a regulation
Recital 39
(39) A uniform enforcement of the prohibition as regards 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. This cooperation should be coordinated by the Commission.
2023/06/09
Committee: INTAIMCO
Amendment 279 #

2022/0269(COD)

Proposal for a regulation
Recital 44
(44) To ensure effective enforcement of the prohibition, it is necessary to establish a network aimed at structured coordination and cooperation between the competent authorities of the Member States and, where appropriate, experts from customs authorities, and the Commission. That network should alsobe coordinated by the Commission and aim at streamlining the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations. That administrative support structure should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby helping to strengthen the enforcement of the prohibition.
2023/06/09
Committee: INTAIMCO
Amendment 286 #

2022/0269(COD)

Proposal for a regulation
Recital 45
(45) Since forced labour is a global problem and given the interlinkages of the global valuesupply chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The Commission should as appropriately cooperate with and exchange information with authorities of third countries and international organisations to enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis.
2023/06/09
Committee: INTAIMCO
Amendment 290 #

2022/0269(COD)

Proposal for a regulation
Recital 49 a (new)
(49a) The Commission should carry out an ex-post impact assessment of this Regulation, in light of the objective it pursues, no later than 12 months after its application. The assessment should especially focus on whether this Regulation achieved its objective, in particular with regard to reducing the number of products placed on the Union market made with forced labour, improving cooperation between competent authorities and strengthening the controls on products entering the Union market, while taking into account the impact on business, in particular on SMEs. The assessment should, where appropriate, be accompanied by a legislative proposal.
2023/06/09
Committee: INTAIMCO
Amendment 294 #

2022/0269(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down rules prohibiting economic operators from placing and making available on the Union market or exporting from the Union market products made with forced labour. This Regulation does not cover services.
2023/06/09
Committee: INTAIMCO
Amendment 324 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f
(f) ‘product’ means any product that can be valued in money and is capable, as such, of forming the subject of commercial transactions, whether it is extracted, harvested, produced or manufactured, including working or processing related to a product at any stage of its supply chain but excluding services;
2023/06/09
Committee: INTAIMCO
Amendment 330 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g
(g) ‘product made with forced labour’ means a product for which forced labour has been used in whole or in part at any stage of its extraction, harvest, production or manufacture, including working or processing related to a product at any stage of its supply chain but excluding services;
2023/06/09
Committee: INTAIMCO
Amendment 342 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point k
(k) ‘product supplier’ means any natural or legal person or association of persons in the supply chain who extracts, harvests, produces or manufactures a product in whole or in part, or intervenes in the working or processing related to a product at any stage of its supply chain, whether as manufacturer or in any other circumstances, but excluding services;
2023/06/09
Committee: INTAIMCO
Amendment 346 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)
(ma) ‘end user’ means any natural or legal person in the Union, to whom a product has been made available either as a consumer or as a professional, business to business end user in relation to its industrial or professional activities;
2023/06/09
Committee: INTAIMCO
Amendment 347 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point m b (new)
(mb) 'supply chain' means the activities of a company’s upstream business partners related to the production of goods by the company, including the design, extraction, manufacture and supply of raw materials, products or parts of the products and development of the product;
2023/06/09
Committee: INTAIMCO
Amendment 353 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point n
(n) ‘substantiated concern’ means a well-founded reason, based on objective and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;
2023/06/09
Committee: INTAIMCO
Amendment 382 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the valuesupply chain as close as possible to where the risk of forced labour is likely to occur and take into account the size and economic resources of the economic operators, whether they can be considered directly responsible, the quantity of products concerned, as well as the scale of suspected forced labour and whether state- imposed forced labour could be a concern.
2023/06/15
Committee: INTAIMCO
Amendment 391 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 3 – introductory part
3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall request from the economic operators under assessment information on actions taken to identify, prevent, mitigate or bring to an end risks of forced labour in their operations and valuesupply chains with respect to the products under assessment, including on the basis of any of the following:
2023/06/15
Committee: INTAIMCO
Amendment 404 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 4
4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 1540 working days from the day they received such request. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.
2023/06/15
Committee: INTAIMCO
Amendment 418 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 6
6. The competent authority shall duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in a short period of time. Economic operators, which are not within the scope of [Directive 20XX/XX/EU on Corporate Sustainability Due Diligence], shall not be disadvantaged for not having conducted due diligence in accordance with that Directive.
2023/06/15
Committee: INTAIMCO
Amendment 429 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 7
7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consicluder that there is no substantiated concern of a violation of Article 3, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, prevents and brings to an end the risk of forced labour.
2023/06/15
Committee: INTAIMCO
Amendment 440 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 2 – introductory part
2. Competent authorities that initiate an investigation pursuant to paragraph 1 shall inform the economic operators subject to the investigation, within 3 working days from the date of the decision to initiate such investigation immediately about the following:
2023/06/15
Committee: INTAIMCO
Amendment 457 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 3 – point a
(a) prioritise the economic operators under investigation involved in the steps of the valuesupply chain as close as possible to where the likelysuspected risk of forced labour occurs and
2023/06/15
Committee: INTAIMCO
Amendment 468 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. Economic operators shall submit the information within 1540 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit.
2023/06/15
Committee: INTAIMCO
Amendment 485 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether Article 3 has been violated, within a reasonable period of time from the date they initiated the investigation pursuant to Article 5(1). Ongoing investigations shall not be included in the database.
2023/06/15
Committee: INTAIMCO
Amendment 501 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. Where competent authorities cannot establish that Article 3 has been violated, they shall take a decision to close the investigation and inform the economic operator thereof. Such closed investigations shall not appear in the database.
2023/06/15
Committee: INTAIMCO
Amendment 513 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 4 – point c
(c) an order for the economic operators that have been subject to the investigation to recycle the products concerned or, when that is not possible, dispose of the respective products in accordance with national law consistent with Union law.
2023/06/15
Committee: INTAIMCO
Amendment 533 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 5 – point c
(c) that any product remaining with the economic operator concerned is recycled, or, where that is not possible, disposed of in accordance with national law consistent with Union law at the expense of the economic operator.
2023/06/15
Committee: INTAIMCO
Amendment 545 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 6
6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminated forced labour from their operations or supply chain with respect to the products concerned, the competent authorities shall withdraw their decision for the future and inform the economic operators. The economic operators shall also be removed from the database.
2023/06/15
Committee: INTAIMCO
Amendment 561 #

2022/0269(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point c
(c) all relevant information and in particular the details allowing the identification of the product, to which the decision applies, including details about the manufacturer or producer and the product suppliers as well as, where possible, the production site;
2023/06/15
Committee: INTAIMCO
Amendment 577 #

2022/0269(COD)

Proposal for a regulation
Article 8 – paragraph 4
4. Where a competent authority considers that after taking into account the new information provided by the economic operator in accordance with paragraph 1 it cannot establish that the products have been placed or made available on the market or are being exported in violation of Article 3, it shall withdraw its decision adopted pursuant to Article 6(4) and the economic operator shall be removed from the database .
2023/06/15
Committee: INTAIMCO
Amendment 593 #

2022/0269(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point c
(c) any decision to prohibit placing and making available of the products on the market and their export, as well as to order the withdrawal of the products already placed or made available on the market and their recycling or disposal referred to in Article 6(4);
2023/06/09
Committee: INTAIMCO
Amendment 599 #

2022/0269(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 1, points (c), (d), (e) and (g) on a dedicated website.
2023/06/09
Committee: INTAIMCO
Amendment 609 #

2022/0269(COD)

Proposal for a regulation
Article 10 – paragraph 1 a (new)
1a. The Commission shall make available a dedicated, centralised webportal for submissions of information referred to in paragraph 1.
2023/06/09
Committee: INTAIMCO
Amendment 624 #

2022/0269(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and third country authorities as well as relevant experience from implementing Union law setting out due diligence requirements with respect to forced labour.
2023/06/09
Committee: INTAIMCO
Amendment 641 #

2022/0269(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 124 months after the entry into force of this Regulation.
2023/06/09
Committee: INTAIMCO
Amendment 650 #

2022/0269(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. Member States shall designate one or more competent authorities responsible for carrying out the obligations set out in this Regulation. Designated Member State competent authorities shall be responsible for ensuring the effective and uniform implementation of this Regulation throughout the Union, coordinated by the Commission.
2023/06/09
Committee: INTAIMCO
Amendment 669 #

2022/0269(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. A competent authority that has received, through the information and communication system referred to in Article 22(1), a request from a competent authority of another Member State for information to verify any evidence provided by an economic operator shall provide that information withinas soon as possible and at the latest 15 working days from the date of receipt of the request.
2023/06/09
Committee: INTAIMCO
Amendment 680 #

2022/0269(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. Customs authorities shall rely on the decisions communicated pursuant to paragraph 3 to identify products that may not comply with the prohibition laid down in Article 3. For that purpose, they shall carry out controls on products entering or leaving the Union market in accordance with Articles 46 and 47 of Regulation (EU) No 952/2013. The Commission and Member States shall ensure that the Customs authorities have sufficient resources to carry out these controls.
2023/06/09
Committee: INTAIMCO
Amendment 711 #

2022/0269(COD)

Proposal for a regulation
Article 20 – paragraph 1
Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is recycled, or where that is not possible, disposed of in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
2023/06/09
Committee: INTAIMCO
Amendment 712 #

2022/0269(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. To enable a risk-based approach for products entering or leaving the Union market and to ensure that controls are effective and performed in accordance with the requirements of this Regulation, competent authorities and customs authorities shall cooperate closely and exchange risk-related information coordinated by the Commission.
2023/06/09
Committee: INTAIMCO
Amendment 721 #

2022/0269(COD)

Proposal for a regulation
Article 21 – paragraph 2 – point b a (new)
(ba) the Commission.
2023/06/09
Committee: INTAIMCO
Amendment 725 #

2022/0269(COD)

Proposal for a regulation
Article 22 – paragraph 3
3. The Commission shall develop an interconnection to enable the automated communication of decisions referred to in Article 15(3) from the information and communication system referred to in paragraph 1 to the environment referred to in paragraph 4. That interconnection shall start operating no later than two year12 months from the date of the adoption of the implementing act referred to in paragraph 7, point (b), in respect of that interconnection.
2023/06/09
Committee: INTAIMCO
Amendment 727 #

2022/0269(COD)

Proposal for a regulation
Article 22 – paragraph 5
5. The Commission shall interconnect the national single window environments for customs with the information and communication system referred to in paragraph 1 to enable the exchange of requests and notifications between customs and competent authorities pursuant to Articles 17 to 20 of this Regulation. That interconnection shall be provided through [EU CSW-CERTEX pursuant to Regulation XX/20XX]40 within fourtwo years from the date of adoption of the implementing act referred to in paragraph 7(c). The exchanges referred to in paragraph 4 shall take place through that interconnection as soon as it is operational. _________________ 40 Established by the Regulation on the EU Single Window Environment for Customs (EU SWE-C).
2023/06/09
Committee: INTAIMCO
Amendment 730 #

2022/0269(COD)

Proposal for a regulation
Article 23 – paragraph 1 – introductory part
The Commission shall issue guidelines no later than 182 months after the entry into force of this Regulation, which shall include the following:
2023/06/09
Committee: INTAIMCO
Amendment 739 #

2022/0269(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point a a (new)
(aa) specific guidance for economic operators which are not within the scope of [Directive 20XX/XX/EU on Corporate Sustainability Due Diligence];
2023/06/09
Committee: INTAIMCO
Amendment 744 #

2022/0269(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point b
(b) information on risk indicators of forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, and relevant experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;
2023/06/09
Committee: INTAIMCO
Amendment 760 #

2022/0269(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation within the Union, thereby making enforcement more effective and coherent. The Network shall be lead by the Commission.
2023/06/09
Committee: INTAIMCO
Amendment 767 #

2022/0269(COD)

Proposal for a regulation
Article 24 – paragraph 2
2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission and, where appropriate, experts from the customs authorities.
2023/06/09
Committee: INTAIMCO
Amendment 785 #

2022/0269(COD)

Proposal for a regulation
Article 24 – paragraph 4
4. The Commission shall support and encourage cooperation between enforcement authorities through the Network and prepare and participate in the meetings of the Network.
2023/06/09
Committee: INTAIMCO
Amendment 801 #

2022/0269(COD)

Proposal for a regulation
Article 26 – paragraph 1
1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission may as appropriateshall cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives and business organisations. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.
2023/06/09
Committee: INTAIMCO
Amendment 803 #

2022/0269(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, civil society representatives, business organisations and competent authorities of third countries may result in the Union developing accompanying measures to support the efforts of companies, especially SMEs, and partner countries efforts and locally available capacities in tackling forced labour. and its root causes.
2023/06/09
Committee: INTAIMCO
Amendment 814 #

2022/0269(COD)

Proposal for a regulation
Article 30 – paragraph 1
1. The Member StatesCommission shall lay down the rules on penalties applicable to non- compliance with a decision referred to in Article 6(4) and shall take all measures necessary to ensure that they are implemented in a harmonised way in accordance with national law.
2023/06/09
Committee: INTAIMCO
Amendment 820 #

2022/0269(COD)

Proposal for a regulation
Article 30 – paragraph 3
3. The Member States shall, by [OP enter DATE = 24 months from entry into force of this Regulation], notify those provisions to the Commission, where they have not previously been notified, and shall notify it, without delay, of any subsequent amendment affecting them.deleted
2023/06/09
Committee: INTAIMCO
Amendment 826 #

2022/0269(COD)

Proposal for a regulation
Article 30 a (new)
Article30a Assessment and review The Commission shall carry out an ex- post impact assessment of this Regulation by [12 months after the date of application], taking account of the objectives it pursues. The Commission shall submit a report thereon to the European Parliament and to the Council. The ex-post impact assessment shall evaluate whether this Regulation is achieving its objectives and shall be accompanied, where appropriate, by a legislative proposal.
2023/06/09
Committee: INTAIMCO
Amendment 828 #

2022/0269(COD)

Proposal for a regulation
Article 31 – paragraph 2
This Regulation shall apply from [OP enter DATE = 2430 months from its entry into force].
2023/06/09
Committee: INTAIMCO
Amendment 52 #

2022/0095(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 23
(23) ‘environmental footprint’ means a quantification of a product’s environmental impacts, whether in relation to a single environmental impact category or an aggregated set of impact categories based on the Product Environmental Footprint method or other scientifically validated and verifiable lifecycle based standards;
2022/12/02
Committee: ITRE
Amendment 66 #

2022/0095(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point d
(d) subject to adequate protection of confidential and sensitive information, requiring manufacturers, their authorised representatives or importers to collect, anonymise, or report to the Commission the in-use data referred to in point (c), in accordance with Article 31(3);
2022/12/02
Committee: ITRE
Amendment 68 #

2022/0095(COD)

Proposal for a regulation
Article 4 – paragraph 3 a (new)
Delegated acts referred to in the first paragraph shall apply at the earliest 18 months after the entry into force of that delegated act.
2022/12/02
Committee: ITRE
Amendment 80 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 3
A horizontal ecodesign requirement established pursuant to the second subparagraph shall not cover products falling in scope of a mandatory vertical ecodesign measure, but may cover products falling in the scope of a self- regulation measure established as a valid alternative pursuant to Article 18(3), where the Commission considers that that self- regulation measure does not address the product aspect covered by that horizontal ecodesign requirement.
2022/12/02
Committee: ITRE
Amendment 86 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 4 – point a – point ii
(ii) relevant Union legislation, including the extent to which it addresses the relevant product aspects listed in paragraph 1; , to ensure harmonisation and assure the avoidance of double regulation or overregulation;
2022/12/02
Committee: ITRE
Amendment 93 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 5 – point d
(d) there shall be no disproportionate negative impact on the competitiveness of economic actors, at leastin particular of SMEs;
2022/12/02
Committee: ITRE
Amendment 101 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 5 – point f a (new)
(f a) there shall be evidence that the requirements will deliver the intended environmental benefits;
2022/12/02
Committee: ITRE
Amendment 103 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 5 – point f b (new)
(f b) they shall be technically feasible in accordance with commercially available technologies.
2022/12/02
Committee: ITRE
Amendment 105 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 6 – introductory part
6. The Commission shall, where appropriate, require supply chain actors to:
2022/12/02
Committee: ITRE
Amendment 106 #

2022/0095(COD)

Proposal for a regulation
Recital 5
(5) This Regulation will contribute to making products fit for a climate-neutral, resource-efficient and circular economy, reducing waste and ensuring that the performance of frontrunners in sustainability progressively becomes the norm. It should provide for the setting of new ecodesign requirements to tackle products’ premature obsolescence, through improveing product durability, reusability, upgradability and reparability, improveing possibilities for refurbishment and maintenance, addressing the presence of hazardous chemicals in products, increaseing their energy and resource efficiency, reduceing their expected generation of waste materials and increaseing recycled content in products, while ensuring their performance and safety, enabling remanufacturing and high- quality recycling and reducing carbon and environmental footprints.
2022/12/06
Committee: IMCO
Amendment 107 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 6 – point a
(a) provide, upon request, from manufacturers, notified bodies andor competent national authorities with available information related to their supplies or services that is relevant in order to verify compliance with ecodesign requirements;
2022/12/02
Committee: ITRE
Amendment 108 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 6 – point b
(b) allow, in the absence of information referred to in point (a) and in line with intellectual property considerations, manufacturers to assess their supplies or services in order to verify compliance with ecodesign requirements and give access to relevant documents or facilities to those manufacturers;
2022/12/02
Committee: ITRE
Amendment 116 #

2022/0095(COD)

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 3
Priority should be given to providing the information via electronic means. Information ensuring the traceability of substances pursuant to paragraph 5 shall be given either on the product or be accessible through a data carrier included on the product (Digital Product Passport) and, where possible, given on the product.
2022/12/02
Committee: ITRE
Amendment 118 #

2022/0095(COD)

Proposal for a regulation
Article 7 – paragraph 7 a (new)
7 a. Any supplier of an article, a substance or a mixture shall provide the recipient of that article, substance of mixture with sufficient information, free of charge, to allow the manufacturers to comply with information requirements related to the product aspects listed in Article 5(1).
2022/12/02
Committee: ITRE
Amendment 127 #

2022/0095(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
The Commission shall set up and maintain a registry storing information included in the product passports required by delegated acts adopted pursuant toa list of the data carriers and unique product identifiers referred to in Article 49(1).
2022/12/02
Committee: ITRE
Amendment 128 #

2022/0095(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
The registry referred to in the first subparagraph shall at least include a list of the data carriers and unique product identifiers referred to in Article 9(1).deleted
2022/12/02
Committee: ITRE
Amendment 129 #

2022/0095(COD)

Proposal for a regulation
Article 12 – paragraph 2 – introductory part
2. The Commission shall, in the delegated acts adopted pursuant to Article 4, specify the information which, in addition to being included in the product passport, shallInformation required to be stored in the registry referred to in paragraph 1, taking into account at least shall be justified for the following criteriareasons:
2022/12/02
Committee: ITRE
Amendment 150 #

2022/0095(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. In the context of programmes from which SMEs can benefit, the Commission shall take into accountoffer initiatives which help SMEs to integrate environmental sustainability aspects including energy efficiency in their value chain.
2022/12/02
Committee: ITRE
Amendment 180 #

2022/0095(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 37
(37) ‘unsold consumer product’ means any consumer product that has not been sold or unused consumer product that has been returned by a consumer in view of their right of withdrawal in accordance with Article 9 of Directive (EU) 2011/83/EU;
2022/12/06
Committee: IMCO
Amendment 192 #

2022/0095(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 59
(59) ‘product presenting a serious risk’ means a product presenting a risk for which, based on an assessment, the degree of the relevant non-compliance or the associated harm is considered to require rapid intervention by the market surveillance authorities, including cases where the effects of the non-compliance are not immediate.as identified by the Regulation ON GENERAL PRODUCT SAFETY
2022/12/06
Committee: IMCO
Amendment 209 #

2022/0095(COD)

Proposal for a regulation
Article 4 – paragraph 2
When establishing ecodesign requirements in delegated acts referred to in the first subparagraph, the Commission shall also supplement this Regulation by specifying the applicable conformity assessment procedures from among the modules set out in Annex IV to this Regulation and Annex II to Decision No 768/2008/EC, with the adaptations necessary in view of the product or ecodesign requirements concerned, in accordance with Article 36. The economic operators shall be provided with sufficient time to prepare for the implementation of new requirements.
2022/12/06
Committee: IMCO
Amendment 241 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 4 – point a – point ii
(ii) relevant Union legislation, including the extent to which it addresses the relevant product aspects listed in paragraph 1, to ensure harmonisation and assure the avoidance of double regulation or overregulation;
2022/12/06
Committee: IMCO
Amendment 252 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 5 – point a
(a) there shall be no significant negative impact on the functionality and safety of the product, from the perspective of the user;
2022/12/06
Committee: IMCO
Amendment 253 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 5 – point a
(a) there shall be no significant negative impact on the functionality or safety of the product, from the perspective of the user;
2022/12/06
Committee: IMCO
Amendment 302 #

2022/0095(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c
(c) (d new) improve traceability of products along the value chain. without compromising data security of economical actors. To protect confidential business information and comply with requirement (b) of paragraph 3, actors in the value chains should make a specific request to the manufacturer when the information cannot be shared publicly, and the information needs to be shared in a secure way.
2022/12/06
Committee: IMCO
Amendment 306 #

2022/0095(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
(c a) (a new) be justified to significantly improve the environmental sustainability of products and to ensure free movement in the internal market;
2022/12/06
Committee: IMCO
Amendment 322 #

2022/0095(COD)

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point f a (new)
(f a) (g new) where relevant, it shall rely on existing databases, including Substances of Concern In articles as such or in complex objects (Products) and the European Product Registry for Energy Labelling and established industry solutions.
2022/12/06
Committee: IMCO
Amendment 333 #

2022/0095(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
The Commission shall set up and maintain a registry storing information included in the product passports required by delegated acts adopted pursuant toa list of the data carriers and unique product identifiers referred to in Article 49(1).
2022/12/06
Committee: IMCO
Amendment 334 #

2022/0095(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
The registry referred to in the first subparagraph shall at least include a list of the data carriers and unique product identifiers referred to in Article 9(1).deleted
2022/12/06
Committee: IMCO
Amendment 335 #

2022/0095(COD)

Proposal for a regulation
Article 12 – paragraph 2 – introductory part
2. The Commission shall, in the delegated acts adopted pursuant to Article 4, specify the information which, in addition to being included in the product passport, shallInformation required to be stored in the registry referred to in paragraph 1, taking into account at leastshall be justified for the following criteriareasons:
2022/12/06
Committee: IMCO
Amendment 346 #

2022/0095(COD)

Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point a
(a) health and safety concerns, including of counterfeit goods;
2022/12/06
Committee: IMCO
Amendment 359 #

2022/0095(COD)

Proposal for a regulation
Article 21 – paragraph 7
7. Manufacturers shall ensure that that a product covered by a delegated act adopted pursuant to Article 4 is accompanied by instructions in the digital format that enable consumers and other end-users to safely assemble, install, operate, store, maintain, repair and dispose of the product in a language that can be easily understood by consumers and other end-users, as determined by the Member State concerned. Such instructions shall be clear, understandable and legible and include at least the information specified in the delegated acts adopted pursuant to Article 4 and pursuant to Article 7(2)(b), point (ii).
2022/12/06
Committee: IMCO
Amendment 370 #

2022/0095(COD)

Proposal for a regulation
Article 23 – paragraph 4
4. Importers shall ensure that the product is accompanied by instructions in the digital format that enable the consumer to assemble, install, operate, store, maintain, repair and dispose of the product, in a language that can be easily understood by consumers and other end users, as determined by the Member State concerned. Such instructions shall be clear, understandable and legible and shall include at least the information specified in the delegated acts adopted pursuant to Article 4. The obligations set in Article 21(7a) and (7b) shall apply mutatis mutandis.
2022/12/06
Committee: IMCO
Amendment 377 #

2022/0095(COD)

Proposal for a regulation
Article 24 – paragraph 2 – point b
(b) the product is accompanied by the required documents and by instructions in the digital format, to enable the consumer to assemble, install, operate, store, maintain, and dispose of the product, in a language that can be easily understood by consumers and other end- users, as determined by the Member State in which the product is to be made available on the market, and that such instructions are clear, understandable and legible and include at least the information set out in Article 7(2), point (b), point (ii), as laid down in the delegated act adopted pursuant to Article 4; The obligations set in Article 21(7a) and (7b) shall apply mutatis mutandis.
2022/12/06
Committee: IMCO
Amendment 427 #

2022/0095(COD)

Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 1 – introductory part
When requiring, upon a reasoned request from a national authority, manufacturers, their authorised representatives or importers to make parts of the technical documentation related to the relevant product digitally available pursuant to Article 4, third subparagraph, point (a), the Commission shall take into account the following criteria:
2022/12/06
Committee: IMCO
Amendment 435 #

2022/0095(COD)

Proposal for a regulation
Article 32 – paragraph 1
1. For the purposes of compliance and verification of compliance with ecodesign requirements, tests, measurements and calculations shall be made using actionable, reliable, accurate and, reproducible and standardised methods that take into account the generally recognised state-of- the art methods. Such methods shall fulfil the test, measurement and calculation requirements set out in the relevant delegated acts adopted pursuant to Article 4.
2022/12/06
Committee: IMCO
Amendment 443 #

2022/0095(COD)

Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1 – introductory part
The Commission may, where there is agreement with the standardization organisations that is appropriate, adopt implementing acts laying down common specifications for ecodesign requirements, the essential requirements for product passports referred to in Article10 or for test, measurement or calculation methods referred to in Article 32, in the following situations:
2022/12/06
Committee: IMCO
Amendment 184 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)
Directive 2005/29/EC
Article 6 – paragraph 2 – point c
(aa) in paragraph 2, point (c) is replaced by the following: ‘(c) any marketing of a good, in one Member State, as bewith seemingly identical to a goodpresentation to another good, which is marketed, in other Member States, while that good has significantlyunder the same brand, trademark or designation, while that good presents differentces in composition or characteristics, unless justified by legitimate and objective factors.including its sensory profile;’
2022/11/24
Committee: IMCO
Amendment 313 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 3 a (new)
Directive 2005/29/EC
Annex I – point 13 a (new)
(3a) the following point 13a is inserted: 13a. Any marketing of a good as being identical or seemingly identical to the other good marketed in one or various Member State, while those goods have different composition or characteristics which have not been clearly marked on the packaging, so as to be visible to the consumer.
2022/11/24
Committee: IMCO
Amendment 42 #

2022/0051(COD)

Proposal for a directive
Recital 14
(14) This Directive aims to ensure that companies active in the internal market contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potential or actual adverse human rights and environmental impacts connected with companies’ own operations, subsidiaries and valuesupply chains.
2022/11/10
Committee: IMCO
Amendment 49 #

2022/0051(COD)

Proposal for a directive
Recital 17
(17) Adverse human rights and environmental impact occur in companies’ own operations, subsidiaries, products, and in their valuesupply chains, in particular at the level of raw material sourcing, and manufacturing, or at the level of product or waste disposal. In order for the due diligence to have a meaningfuln effective impact, it should cover human rights and environmental adverse impacts generated throughout the life-cyclestages of production and use and disposal of product or provision of services, at the level of own operations, subsidiaries and in valuesupply chains.
2022/11/10
Committee: IMCO
Amendment 54 #

2022/0051(COD)

Proposal for a directive
Recital 18
(18) The valuesupply 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 established 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.
2022/11/10
Committee: IMCO
Amendment 57 #

2022/0051(COD)

Proposal for a directive
Recital 19
(19) As regards regulated financial undertakings providing loan, credit, or other financial services, “valuesupply 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 on the supply side. 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 valuesupply chain. The activities of the companies or other legal entities that are included in the valuesupply chain of that client should not be covered.
2022/11/10
Committee: IMCO
Amendment 63 #

2022/0051(COD)

Proposal for a directive
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their valuesupply 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 valuesupply 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.
2022/11/10
Committee: IMCO
Amendment 75 #

2022/0051(COD)

Proposal for a directive
Recital 23
(23) In order to achieve fully the objectives of this Directive addressing human rights and adverse environmental impacts with respect to companies’ operations, subsidiaries and valuesupply chains, third-country companies with significant operations in the EU should also be covered. More specifically, the Directive should apply to third-country companies which generated a net turnover of at least EUR 150 million in the Union in the financial year preceding the last financial year or a net turnover of more than EUR 40 million but less than EUR 150 million in the financial year preceding the last financial year in one or more of the high- impact sectors, as of 2 years after the end of the transposition period of this Directive.
2022/11/10
Committee: IMCO
Amendment 80 #

2022/0051(COD)

Proposal for a directive
Recital 27
(27) In order to conduct appropriate human rights, and environmental due diligence with respect to their operations, their subsidiaries, and their valuesupply chains, companies covered by this Directive should integrate due diligence into corporate policies, identify, prevent and mitigate as well as bring to an end and minimise the extent of potential and actual adverse human rights and environmental impacts, establish and maintain a complaints procedure, monitor the effectiveness of the taken measures in accordance with the requirements that are set up in this Directive and communicate publicly on their due diligence. In order to ensure clarity for companies, in particular the steps of preventing and mitigating potential adverse impacts and of bringing to an end, or when this is not possible, minimising actual adverse impacts should be clearly distinguished in this Directive.
2022/11/10
Committee: IMCO
Amendment 86 #

2022/0051(COD)

Proposal for a directive
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 valuesupply 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 should identify the adverse impacts only at the inception of the contract. 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.
2022/11/10
Committee: IMCO
Amendment 96 #

2022/0051(COD)

Proposal for a directive
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’ valuesupply 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.
2022/11/10
Committee: IMCO
Amendment 101 #

2022/0051(COD)

Proposal for a directive
Recital 36
(36) In order to ensure that prevention and mitigation of potential adverse impacts is effective, companies should prioritize engagement with business relationships in the valuesupply chain, instead of terminating the business relationship, as a last resort action after attempting at preventing and mitigating adverse potential impacts without success. However, the Directive should also, for cases where potential adverse impacts could not be addressed by the described prevention or mitigation measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts are to succeed in the short-term; or to terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws. It is possible that prevention of adverse impacts at the level of indirect business relationships requires collaboration with another company, for example a company which has a direct contractual relationship with the supplier. In some instances, such collaboration could be the only realistic way of preventing adverse impacts, in particular, where the indirect business relationship is not ready to enter into a contract with the company. In these instances, the company should collaborate with the entity which can most effectively prevent or mitigate adverse impacts at the level of the indirect business relationship while respecting competition law.
2022/11/10
Committee: IMCO
Amendment 106 #

2022/0051(COD)

Proposal for a directive
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 valuesupply 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 which, despite being exempt, decide to comply with the obligations under this Directive, and 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.
2022/11/10
Committee: IMCO
Amendment 113 #

2022/0051(COD)

(41) In order to ensure that bringing actual adverse impacts to an end or minimising them is effective, companies should prioritize engagement with business relationships in the valuesupply chain, instead of terminating the business relationship, as a last resort action after attempting at bringing actual adverse impacts to an end or minimising them without success. However, this Directive should also, for cases where actual adverse impacts could not be brought to an end or adequately mitigated by the described measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing efforts to bring to an end or minimise the extent of the adverse impact, or terminate the business relationship with respect to the activities concerned, if the adverse impact is considered severe. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws.
2022/11/10
Committee: IMCO
Amendment 121 #

2022/0051(COD)

Proposal for a directive
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 valuesupply 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.
2022/11/10
Committee: IMCO
Amendment 127 #

2022/0051(COD)

Proposal for a directive
Recital 45
(45) In order to facilitate companies’ compliance with their due diligence requirements through their valuesupply chain and limiting shifting compliance burden on SME business partners, which are exempt from the obligations in this Directive, the Commission should provide guidance on model contractual clauses.
2022/11/10
Committee: IMCO
Amendment 134 #

2022/0051(COD)

Proposal for a directive
Recital 48
(48) In order to complement Member State support to SMEs, which, despite being exempt, decide to comply with the obligations under this Directive, the Commission mayshould build on existing EU tools, projects and other actions helping with the due diligence implementation in the EU and in third countries. It may set up new support measures that provide help to companies, including SMEs on due diligence requirements, including a helpdesk for SMEs, an observatory for valuesupply chain transparency and the facilitation of joint stakeholder initiatives.
2022/11/10
Committee: IMCO
Amendment 145 #

2022/0051(COD)

Proposal for a directive
Recital 57
(57) As regards damages occurring at the level of established indirect business relationships, the liability of the company should be subject to specific conditions. The company should not be liable if it carried out specific due diligence measures. However, it should not be exonerated from liability through implementing such measures in case it was unreasonable to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the adverse impact. In addition, in the assessment of the existence and extent of liability, due account is to be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided as well as any collaboration with other entities to address adverse impacts in its valuesupply chains.
2022/11/10
Committee: IMCO
Amendment 150 #

2022/0051(COD)

Proposal for a directive
Recital 59
(59) As regards civil liability rules, the civil liability of a company for damages arising due to its failure to carry out adequate due diligence should be without prejudice to civil liability of its subsidiaries or the respective civil liability of direct and indirect business partners in the valuesupply chain. Also, the civil liability rules under this Directive should be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive.
2022/11/10
Committee: IMCO
Amendment 159 #

2022/0051(COD)

Proposal for a directive
Recital 71
(71) The objective of this Directive, namely better exploiting the potential of the single market to contribute to the transition to a sustainable economy and contributing to sustainable development through the prevention and mitigation of potential or actual human rights and environmental adverse impacts in companies’ valuesupply chains, cannot be sufficiently achieved by the Member States acting individually or in an uncoordinated manner, but can rather, by reason of the scale and effects of the actions, be better achieved at Union level. In particular, addressed problems and their causes are of a transnational dimension, as many companies are operating Union wide or globally and valuesupply chains expand to other Member States and to third countries. Moreover, individual Member States’ measures risk being ineffective and lead to fragmentation of the internal market. Therefore, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
2022/11/10
Committee: IMCO
Amendment 160 #

2022/0051(COD)

Proposal for a directive
Recital 71
(71) The objective of this Directive, namely better exploiting the potential of the single market to contribute to the transition to a sustainable economy and contributing to sustainable development through the prevention and mitigation of potential or actual human rights and environmental adverse impacts in companies’ valuesupply chains, cannot be sufficiently achieved by the Member States acting individually or in an uncoordinated manner, but can rather, by reason of the scale and effects of the actions, be better achieved at Union level. In particular, addressed problems and their causes are of a transnational dimension, as many companies are operating Union wide or globally and value chains expand to other Member States and to third countries. Moreover, individual Member States’ measures risk being ineffective and lead to fragmentation of the internal market. Therefore, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
2022/11/10
Committee: IMCO
Amendment 166 #

2022/0051(COD)

Proposal for a directive
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, with respect to their own operations, the operations of their subsidiaries, and the valuesupply chain operations carried out by entities with whom the company has an established business relationship and
2022/11/10
Committee: IMCO
Amendment 173 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
The nature of business relationships as ‘established’ shall be reassessed periodically, and at least every 12 months.
2022/11/10
Committee: IMCO
Amendment 176 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 2 a (new)
2a. Member States shall not maintain or introduce, in their national laws, provisions diverging from those laid down in this Directive, unless otherwise provided for in the Directive.
2022/11/10
Committee: IMCO
Amendment 224 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a direct business relationship, whether direct or indirect, which is, or which is expected to be lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the valuesupply chain;
2022/11/10
Committee: IMCO
Amendment 230 #

2022/0051(COD)

(g) ‘valuesupply 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), ‘valuesupply 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 and of other companies belonging to the same group whose activities are linked to the contract in question. The valuesupply chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
2022/11/10
Committee: IMCO
Amendment 237 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point h
(h) ‘independent third-party verification’ means verification of the compliance by a company, or parts of its valuesupply chain, with human rights and environmental requirements resulting from the provisions of this Directive by an auditor 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;
2022/11/10
Committee: IMCO
Amendment 240 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point k
(k) ‘authorised representative’ means a natural or legal person resident or established in the Union who has a written mandate from a company within the meaning of point (a)(ii) to act on its behalf in relation to compliance with that company’s obligations pursuant to this Directive;
2022/11/10
Committee: IMCO
Amendment 305 #

2022/0051(COD)

Proposal for a directive
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 valuesupply chains, from their established business relationships, in accordance with paragraph 2, 3 and 4.
2022/11/10
Committee: IMCO
Amendment 339 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point b
(b) seek contractual assurances from a business partner with whom it has a direct business relationship that it 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 valuesupply chain (contractual cascading). When such contractual assurances are obtained, paragraph 4 shall apply;
2022/11/10
Committee: IMCO
Amendment 344 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point d
(d) provide targeted and proportionate support for an SME which, despite being exempt, decides to comply with the obligations under this Directive, and 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;
2022/11/10
Committee: IMCO
Amendment 364 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – introductory part
As regards potential adverse impacts within the meaning of paragraph 1 that could not be prevented or adequately mitigated by the measures in paragraphs 2, 3 and 4, the company shall be required to refrain from entering into new or extending existing relations with the partner in connection with or in the valuesupply chain of which the impact has arisen and shall, where the law governing their relations so entitles them to, take the following actions:
2022/11/10
Committee: IMCO
Amendment 398 #

2022/0051(COD)

Proposal for a directive
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 valuesupply chain (contractual cascading). When such contractual assurances are obtained, paragraph 5 shall apply.
2022/11/10
Committee: IMCO
Amendment 403 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point e
(e) provide targeted and proportionate support for an SME which, despite being exempt, decides to comply with the obligations under this Directive and with which the company has an established business relationship, where compliance with the code of conduct or the corrective action plan would jeopardise the viability of the SME;
2022/11/10
Committee: IMCO
Amendment 416 #

2022/0051(COD)

As regards actual adverse impacts within the meaning of paragraph 1 that could not be brought to an end or the extent of which could not be minimised by the measures provided for in paragraphs 3, 4 and 5, the company shall refrain from entering into new or extending existing relations with the partner in connection to or in the valuesupply chain of which the impact has arisen and shall, where the law governing their relations so entitles them to, take one of the following actions:
2022/11/10
Committee: IMCO
Amendment 432 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to easily submit complaints to them where they have legitimate concerns regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their value chainssupply chains. The complaint must be factually justified and reasonably documented.
2022/11/10
Committee: IMCO
Amendment 444 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point a
(a) persons who are directly affected or have reasonable grounds to believe that they mightwill be affected by an adverse impact,
2022/11/10
Committee: IMCO
Amendment 448 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the valuesupply chain concerned,
2022/11/10
Committee: IMCO
Amendment 451 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point c
(c) civil society organisations active in the areas related to the valuesupply chain concerned.
2022/11/10
Committee: IMCO
Amendment 475 #

2022/0051(COD)

Proposal for a directive
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 valuesupply 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.
2022/11/10
Committee: IMCO
Amendment 487 #

2022/0051(COD)

Proposal for a directive
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 specific guidelines, including for specific sectors or specific adverse impacts. In particular, those guidelines shall facilitate the compliance of all companies with the obligations laid down in this Directive, taking into account the need to simplify the administrative burden for smaller companies, to ensure a level playing field within the Union and to ensure a consistent implementation of this Directive.
2022/11/10
Committee: IMCO
Amendment 492 #

2022/0051(COD)

Proposal for a directive
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 valuesupply 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 valuesupply chains of companies.
2022/11/10
Committee: IMCO
Amendment 502 #

2022/0051(COD)

Proposal for a directive
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.
2022/11/10
Committee: IMCO
Amendment 511 #

2022/0051(COD)

Proposal for a directive
Article 16 – paragraph 4
4. Member States shall ensure that each company empowers its authorised representative to receive direct and swift communications from supervisory authorities on all matters necessary for compliance with and enforcement of national provisions transposing this Directive. Companies shall be required to provide their authorised representative with the necessary powers and resources to effectively cooperate with supervisory authorities.
2022/11/10
Committee: IMCO
Amendment 513 #

2022/0051(COD)

Proposal for a directive
Article 17 – paragraph 1 a (new)
1 a. One supervisory authority shall serve also as a single point of contact for companies and economic operators.
2022/11/10
Committee: IMCO
Amendment 539 #

2022/0051(COD)

Proposal for a directive
Article 20 – paragraph 1
1. Member States shall lay down the rules on sanctions applicable to infringements of national provisions adopted pursuant to this Directive, and shall take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive. Member States shall take in due account the exchange of information held within the European Network of Supervisory Authority to ensure that sanctions are harmonised within the Union;
2022/11/10
Committee: IMCO
Amendment 543 #

2022/0051(COD)

Proposal for a directive
Article 20 – paragraph 2
2. In deciding whether to impose sanctions and, if so, in determining their nature and appropriate level, due account shall be taken of the company’s efforts to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided pursuant to Articles 7 and 8, possible cumulative effects from other sanctions already imposed on the company, as well as collaboration with other entities to address adverse impacts in its valuesupply chains, as the case may be.
2022/11/10
Committee: IMCO
Amendment 551 #

2022/0051(COD)

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
The Commission shall set up a European Network of Supervisory Authorities, composed of representatives of the supervisory authorities. The Network shall facilitate theserve as a platform to facilitate a structured cooperation of the supervisory authorities and the coordination and alignment of regulatory, investigative, sanctioning and supervisory practices of the supervisory authorities and, as appropriate, sharing of information among them. In particular, the Network shall facilitate the development of a harmonised approach on sanctions applicable for infringements of this regulation, including by determining common range and common criteria for penalties.
2022/11/10
Committee: IMCO
Amendment 571 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 2
In the assessment of the existence and extent of liability under this paragraph, due account shall be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided pursuant to Articles 7 and 8, as well as any collaboration with other entities to address adverse impacts in its valuesupply chains.
2022/11/10
Committee: IMCO
Amendment 576 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 3
3. The civil liability of a company for damages arising under this provision shall be without prejudice to the civil liability of its subsidiaries or of any direct and indirect business partners in the valuesupply chain.
2022/11/10
Committee: IMCO
Amendment 95 #

2022/0047(COD)

Proposal for a regulation
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 and Article 103 thereof,
2022/11/14
Committee: ITRE
Amendment 110 #

2022/0047(COD)

Proposal for a regulation
Recital 5
(5) This Regulation ensures that users of a connected product or related service in the Union can access, in a timely manner, the data generated by the use of that connected product or related service and that those users can use the data, including by sharing them with third parties of their choice, either directly or through data intermediation services. It imposes the obligation on the data holder to make data available to users and third parties nominated by the users in certain circumstances. It also ensures that data holders make data available to data recipients in the Union under fair, reasonable and non-discriminatory terms and in a transparent manner. Private law rules are key in the overall framework of data sharing. Therefore, this Regulation adapts rules of contract law and prevents the exploitation of contractual imbalances that hinder fair data access and use for micro, small or medium-sized enterprises within the meaning of Recommendation 2003/361/EC. This Regulation also ensures that data holders make available to public sector bodies of the Member States and to Union institutions, agencies or bodies, where there is an exceptional need, the data that are necessary for the performance of tasks carried out in the public interest. In addition, this Regulation seeks to facilitate switching between data processing services and to enhance the interoperability of data and data sharing mechanisms and services in the Union. This Regulation should not be interpreted as recognising or creating any legal basis for the data holder to hold, have access to or process data, or as conferring any new right on the data holder to use data generated by the use of a connected product or related service. Instead, it takes as its starting point the control that the data holder effectively enjoys, de facto or de jure, over data generated by connected products or related services.
2022/11/14
Committee: ITRE
Amendment 114 #

2022/0047(COD)

Proposal for a regulation
Recital 6
(6) Data generation is the result of the actions of at least two actors, the designer or manufacturer of a product, and where different from the manufacturer the provider of related services for the connected product and the user of that connected product. It gives rise to questions of fairness in the digital economy, because the data recorded by such connected products or related services are an important input for aftermarket, ancillary and other services. In order to realise the important economic benefits of data as a non-rival good for the economy and society, a general approach to assigning access and usage rights on data is preferable to awarding exclusive rights of access and use.
2022/11/14
Committee: ITRE
Amendment 116 #

2022/0047(COD)

Proposal for a regulation
Recital 21
(21) Products may be designed to make certain data directly available from an on- device data storage or from a remote server to which the data are communicated. Access to the on-device data storage may be enabled via cable-based or wireless local area networks connected to a publicly available electronic communications service or a mobile network. The server may be the manufacturer’s own local server capacity or that of a third party or a cloud service provider who functions as data holder. Data processors as defined in Regulation (EU) 2016/679 are by default not considered to act as data holders, unless specifically tasked by the data controller. They may be designed to permit the user or a third party to process the data on the product or on a computing instance of the manufacturer.
2022/11/16
Committee: IMCO
Amendment 122 #

2022/0047(COD)

Proposal for a regulation
Recital 11
(11) Union law setting physical design and data requirements for connected products to be placed on the Union market should not be affecbe complemented by this Regulation.
2022/11/14
Committee: ITRE
Amendment 125 #

2022/0047(COD)

Proposal for a regulation
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components, including sensors, or embedded operating systems, data concerning their performance, use or environment and that are able to communicate that data via a publiclyn available electronic communications service (often referred to as the Internet of Things) should be covered by this Regulation. Electronic communications services include land- based telephone networks, television cable networks, satellite-based networks and near-field communication networks. Such products may include vehicles, home equipment and consumer goods, medical and health devices or agricultural and industrial machinery. The data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation. Such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question.
2022/11/14
Committee: ITRE
Amendment 133 #

2022/0047(COD)

Proposal for a regulation
Recital 14 a (new)
(14 a) The data represent the digitalisation of user actions and events. These data are potentially valuable to the user and should accordingly always be accessible to the user. Data generated by the use of a connected product or related service include data recorded intentionally by the user or as a by- product of the users’ actions and events. Such data can also be generated or recorded without any action by the user, such as when the product is in ‘standby mode’ or switched off, including diagnostics data and data captured by embedded applications of sensors. Such data should include data in the form and format in which they are generated by the product, and made available in a comprehensible, structured and machine- readable format, including the relevant metadata. This Regulation should cover only raw data, that is either collected or intended to be collected by the data holder. The data resulting from any software process that calculates derivative data shall be excluded from the scope, as such data and software process may be subject to intellectual property rights.
2022/11/14
Committee: ITRE
Amendment 137 #

2022/0047(COD)

Proposal for a regulation
Recital 15
(15) In contrast, certain products that are primarily designed to display or play content, or to record and transmit content, amongst others for the use by an online service should not be covered by this Reguand are often covered by intellectual property rights and electronic communications services legislation. Such products include, for example, personal computers, servers, tablets and smart phones, smart televisions, cameras, webcams, sound recording systems and text scanners. They require human input to produce various forms of content, such as text documents, sound files, video files, games, digital maps. All these connected products have also a strong element of collection of data on how the products operate, such as proximity sensors, accelerometer or gyroscope, the collection of these data being of potential value in improving the performance of the connected products or related services. These non-personal data referring to the functionality of connected products should be included in the scope of this Regulation and should exclude all content data regulated by Union and national law and data concerning intellectual property and electronic communications services.
2022/11/14
Committee: ITRE
Amendment 145 #

2022/0047(COD)

Proposal for a regulation
Recital 16
(16) It is necessary to lay down rules applying to connected products that incorporate or are interconnected with a service in such a way that the absence of the service would prevent the product from performing its functions. Such related services can be part of the sale, rent or lease agreement, or such services are normally provided for products of the same type and the user could reasonably expect them to be provided given the nature of the product and taking into account any public statement made by or on behalf of the seller, renter, lessor or other persons in previous links of the chain of transactions, including the manufacturer. These related services may themselves generate data of value to the user independently of the data collection capabilities of the connected product with which they are interconnected. This Regulation should also apply to a related service that is not supplied by the seller, renter or lessor itself, but is supplied, under the sales, rental or lease contract, by a third party. In the event of doubt as to whether the supply of service forms part of the sale, rent or lease contract, this Regulation should apply.
2022/11/14
Committee: ITRE
Amendment 146 #

2022/0047(COD)

Proposal for a regulation
Recital 17
(17) Data generated by the use of a product or related service include data recorded intentionally by the user. Such data include also data generated as a by- product of the user’s action, such as diagnostics data, and without any action by the user, such as when the product is in ‘standby mode’, and data recorded during periods when the product is switched off. Such data should include data in the form and format in which they are generated by the product, but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rights.deleted
2022/11/14
Committee: ITRE
Amendment 154 #

2022/0047(COD)

Proposal for a regulation
Recital 18
(18) The user of a connected product should be understood as the legal or natural person, such as a business or, consumer, which has purchased, rented or leased the product the product, or to whom the owner of the connected product has transferred, on the basis of a rental or lease agreement, temporary rights to use the connected product or receive related services. Depending on the legal title under which he uses it, such a user bears the risks and enjoys the benefits of using the connected product and should enjoy also the access to the data it generates. The user should therefore have an active role in the data economy and be entitled to derive benefit from non-personal data generated by thate use of that connected product and any related service.
2022/11/14
Committee: ITRE
Amendment 159 #

2022/0047(COD)

Proposal for a regulation
Recital 19
(19) In practice, not all data generated by connected products or related services are easily accessible to their users, and there are often limited possibilities for the portability of data generated by products connected to the Internet of Things. Users are unable to obtain data necessary to make use of providers of repair and other services, and businesses are unable to launch innovative, more efficient and convenient services. In many sectors, manufacturers, who are also providing related services are often able to determine, through their control of the technical design of the connected product or related services, what data are generated and how they can be accessed, even though they have no legal right to the data. It is therefore necessary to ensure that products are designed and manufactured and related services are provided in such a manner that data generated by their use are always easily accessible to the usernd securely accessible in a format that allows the user to view, retrieve and process it, either directly on the connected product or, where not technically possible, on a separate device from the connected product. This Regulation should not be interpreted as an additional obligation for data holders to store data on-device or on a remote server, that are necessary for the immediate functioning of the connected product but the data holder does not intend to extract. Upon an explicit and voluntary agreement between the data holder and the user, such data could be collected and stored.
2022/11/14
Committee: ITRE
Amendment 164 #

2022/0047(COD)

Proposal for a regulation
Recital 20
(20) In cases of co-ownership of the connected product and related services provided, where several persons or entities own a product or are party to a lease or rent agreement and benefit from access to a related service, reasonable efforts should be made in, the design of the connected product or related service or the relevant interface so thathall enable all persons canto have access to data they generate. Users of products that generate data typically require a user account to be set up. This allows for identification of the user by the manufacturer or related service provider as well as a means to communicate to exercise and process data access requests. For identification and authentication purposes, manufacturers and providers of related services should enable users to use European Digital Identity Wallets, issued pursuant to Regulation (EU) XXX/XXXX establishing a framework for a European Digital Identity. Manufacturers or designers of a product that is typically used by several persons should put in place the necessary mechanism that allow separate user accounts for individual persons, where relevant, or the possibility for several persons to use the same user account. Access should be granted to the user upon simple request mechanisms granting automatic execution, not requiring examination or clearance by the manufacturer or data holder. This means that data should only be made available when the user actually wants this. Where automated execution of the data access request is not possible, for instance, via a user account or accompanying mobile application provided with the product or service, the manufacturer should inform the user how the data may be accessed. User accounts should enable users to revoke consent for processing and data sharing, as well as request deletion of the data generated through the use of the connected product, particularly in cases when the users of the product intend to transfer the ownership of the product to another party.
2022/11/14
Committee: ITRE
Amendment 170 #

2022/0047(COD)

Proposal for a regulation
Recital 57
(57) In case of public emergencies, such as public health emergencies, emergencies resulting from environmental degradation and major natural disasters including those aggravated by climate change, as well as human-induced major disasters, such as major cybersecurity incidents, the public interest resulting from the use of the data will outweigh the interests of the data holders to dispose freely of the data they hold. In such a case, data holders should be placed under an obligation to make the data available to public sector bodies or to Union institutions, agencies or bodies upon their request. The existence of a public emergency is determined according to the respective procedures in the Member States or of relevant international organisations. In the case of major cybersecurity incidents, this should not result in the duplication of requirements for firms such as those under Regulation XXXX/XXXX on Digital Operational Resilience for the financial sector and the Directive XXXX/XXXX on measures for a high common level of cybersecurity across the union, repealing Directive (EU) 2016/1148.
2022/11/16
Committee: IMCO
Amendment 172 #

2022/0047(COD)

Proposal for a regulation
Recital 21
(21) PConnected products may be designed to make certain data directly available from an on- device data storage or from a remote server to which the data are communicated. Access to the on-device data storage may be enabled via cable- based or wireless local area networks connected to a publicly available electronic communications service or a mobile network. The server may be the manufacturer’s own local server capacity or that of a third party or a cloud service provider who functions as data holder. TheyConnected products may be designed to permit the user or a third party to process the data on the product or on a computing instance of the manufacturer as well as enable the user to retrieve the data.
2022/11/14
Committee: ITRE
Amendment 174 #

2022/0047(COD)

Proposal for a regulation
Recital 69
(69) The ability for customers of data processing services, including cloud and edge services, to switch from one data processing servicecloud service provider to another, while maintaining a minimum functionality of service, is a key condition for a more competitive market with lower entry barriers for new service providers. Facilitating a multi-cloud approach for customers of cloud services also contributes to increase their digital operational resilience, as recognised for financial service institutions in the Digital Operational Resilience Act (DORA).
2022/11/16
Committee: IMCO
Amendment 175 #

2022/0047(COD)

Proposal for a regulation
Recital 22
(22) Virtual assistants play an increasing role in digitising consumer environments and serve as an easy-to-use interface to play content, obtain information, or activate physical objects connected to the Internet of Things. Virtual assistants can act as a single gateway in, for example, a smart home environment and record significant amounts of relevant data on how users interact with products connected to the Internet of Things, including those manufactured by other parties and can replace the use of manufacturer-provided interfaces such as touchscreens or smart phone apps. The user may wish to make available such data with third party manufacturers and enable novel smart home services. Such virtual assistants should be covered by the data access right provided for in this Regulation also regarding data recorded before the virtual assistant’s activation by the wake word and data generated when a user interacts with a product via a virtual assistant provided by an entity other than the manufacturer of the product. However, only the data stemming from the interaction between the user and product through the virtual assistant falls within the scope of this Regulation. Data produced by the virtual assistant unrelated to the use of a product is not the object of this Regulation.
2022/11/14
Committee: ITRE
Amendment 178 #

2022/0047(COD)

Proposal for a regulation
Recital 23
(23) Before concluding a contract for the purchase, rent, or lease of a product or the provision of a related service, clear and sufficient information should be provided to the user on how the data generated may be accesthe data holder shall provide to the user clear and sufficient information that would enable the user to effectively exercise its rights upon the data they generate through the use of connected products and related services. The data holder shall develop mechanisms to keep the user up to date when the information changes during the lifetime of the connected product or when the purpose for which the data will be used changes from the originally specified purposed. This obligation provides transparency over the data generated and enhances the easy and secure access for the user, as well as the right to retrieve, process and further harness the value of non-personal data. This obligation to provide information does not affect the obligation for the controller to provide information to the data subject pursuant to Article 12, 13 and 14 of Regulation (EU) 2016/679.
2022/11/14
Committee: ITRE
Amendment 178 #

2022/0047(COD)

Proposal for a regulation
Recital 69 a (new)
(69a) Unnecessarily high data egress fees, or data transfer costs have the potential to restrict competition and cause lock-in effects for the customers of data processing services, by reducing incentives to choose a different or additional service provider. Therefore, the gradual withdrawal of the charges associated with switching data processing services shall specifically include withdrawing any “egress fees” charged by the data processing service to a customer.
2022/11/16
Committee: IMCO
Amendment 181 #

2022/0047(COD)

Proposal for a regulation
Recital 71
(71) Data processCloud computing services should cover services that allow on-demand and broad remote access to a scalable and elastic pool of shareable and distributed computing resources. Those computing resources include resources such as networks, servers or other virtual or physical infrastructure, operating systems, software, including software development tools, storage, applications and services. The deployment models of cloud computing should include private, community, public and hybrid cloud. The aforementioned service and deployment models have the same meaning as the terms of service and deployment models defined under ISO/IEC 17788:2014 standard. The capability of the customer of the data processing service to unilaterally self- provision computing capabilities, such as server time or network storage, without any human interaction by the service provider of cloud computing services could be described as on-demand administration. The term ‘broad remote access’ is used to describe that the computing capabilities are provided over the network and accessed through mechanisms promoting the use of heterogeneous thin or thick client platforms (from web browsers to mobile devices and workstations). The term ‘scalable’ refers to computing resources that are flexibly allocated by the data processprovider of cloud computing service providers, irrespective of the geographical location of the resources, in order to handle fluctuations in demand. The term ‘elastic pool’ is used to describe those computing resources that are provisioned and released according to demand in order to rapidly increase or decrease resources available depending on workload. The term ‘shareable’ is used to describe those computing resources that are provided to multiple users who share a common access to the service, but where the processing is carried out separately for each user, although the service is provided from the same electronic equipment. The term ‘distributed’ is used to describe those computing resources that are located on different networked computers or devices and which communicate and coordinate among themselves by message passing. The term ‘highly distributed’ is used to describe data processing services that involve data processing closer to where data are being generated or collected, for instance in a connected data processing device. Edge computing, which is a form of such highly distributed data processing, is expected to generate new business models and cloud service delivery models, which should be open and interoperable from the outset.
2022/11/16
Committee: IMCO
Amendment 184 #

2022/0047(COD)

Proposal for a regulation
Recital 24
(24) This Regulation imposes the obligation on data holders to make data available in certain circumstances. Insofar as personal data are processed, the data holder should be a controller under Regulation (EU) 2016/679. Where users are data subjects, data holders should be obliged to provide them access to their data and to make the data available to third parties of the user’s choice in accordance with this Regulation. However, this Regulation does not create a legal basis under Regulation (EU) 2016/679 for the data holder to provide access to personal data or make it available to a third party when requested by as user that is not a data subject and should not be understood as conferring any new right on the data holder to use data generated by the use of a connected product or related service. This applies in particular where the manufacturer is the data holder. In that caseWhen the manufacturer is also the party providing related services and qualifies as a data holder, the basis for the manufacturer to use non-personal data should be a contractual agreement between the manufacturer and the user. This agreement may be part of the sale, rent or lease agreement relating to the productIn such cases, the contract for purchase and provision of related services can be merged. Any contractual term in the agreement stipulating that the data holder may use the data generated by the user of a connected product or related service should be transparent to the user, including as regards the purpose for which the data holder intends to use the data. This Regulation should not prevent contractual conditions, whose effect is to exclude or limit the use of the data, or certain categories thereof, by the data holder. Where a data holder intends to share data with third parties for the fulfilment of the contractual obligations, it should inform the user of the nature and volume of the shared data and, where relevant, contractually bind the third party not to use the data for any other purposes. This Regulation should also not prevent sector- specific regulatory requirements under Union law, or national law compatible with Union law, which would exclude or limit the use of certain such data by the data holder on well- defined public policy grounds.
2022/11/14
Committee: ITRE
Amendment 184 #

2022/0047(COD)

Proposal for a regulation
Recital 72
(72) This Regulation aims to facilitate switching between data processing services, which encompasses all conditions and actions that are necessary for a customer to terminate a contractual agreement of a data processing service, to conclude one or multiple new contracts with different providers of data processing services, to port all its digital assets, including data, to the concerned other providers and to continue to use them in the new environment while benefitting from functional equivalence. It should be noted that the data processing services in scope are those where data processing, as defined under the Regulation, forms part of the core-business of a provider. Digital assets refer to elements in digital format for which the customer has the right of use, including data, applications, virtual machines and other manifestations of virtualisation technologies, such as containers. Functional equivalence means the maintenance of a minimum level of functionality of a service after switching, and should be deemed technically feasible whenever both the originating and the desSwitching is an operation consisting in three main successive steps: i) data extraction, i.e downloading data from a originating provider’s ecosystem; ii) transformation, when the data is structured in a way that matches the schema of the target location iii) load of the data in a new destination location. Obstacles of different natures may occur during the different steps of the switching process. Cloud service providers and clients have different levels of responsibilities, depending on the steps of the process referred to. Obstacles to switching are of different nature, depending on the step of the switching process it is referred to. Functional equivalence means a definition as agreed upon by a customer and provider of data processing services, or the maintenance of a minimum level of pre-defined functionality during the switching process, to such an extent that the service will deliver comparable minimum level functionality, such as the same output at the same performance and with the same level of security, operational resilience and quality of service as agreed at the time of termination of the contract, where both the original and destination service providers independently offer the same core functionation data processing services cover (in part or in whole) the same service type. Meta-data, generated by the customer’s use of a service, should also be portable pursuant to this Regulation’s provisions on switching. lity; Services can only be expected to facilitate functional equivalence for the functionalities that both the originating and destination service offer. The Regulation does not instance an obligation of facilitating functional equivalence for data processing services of the PaaS and/or SaaS delivery model. Meta-data, generated by the customer’s use of a service, should also be portable pursuant to this Regulation’s provisions on switching. Data processing services are used across sectors and vary in complexity and service type; this is an important consideration with regards to the porting process and the timeframes.
2022/11/16
Committee: IMCO
Amendment 190 #

2022/0047(COD)

Proposal for a regulation
Recital 74
(74) Data processProviders of cloud computing service providers should be required to remove all relevant obstacles, offer all assistance and support that is required to make the switching process successful, safe and effective and in line with the industry best practices, without requiring those data processing servicecloud computing providers to develop new categories of services within or on the basis of the IT-infrastructure of different data processing service providers to guarantee functional equivalence in an environment other than their own systems. Nevertheless, service providers are required to offer all assistance and support that is required to make the switching process effective. Providers of cloud computing services should support development of customer’s exit strategy relevant to the contracted services, including through providing information such as procedures for initiating switching from the cloud computing service, the machine-readable data formats that user’s data can be exported to, the tools, including at least one open standard data portability interface, foreseen to export data, information on known technical restrictions and limitations that could impact switching process, estimated time necessary to complete the switching process and additional services offered to facilitate the switching process, including the ability of the customer to test its switching process. Existing rights relating to the termination of contracts, including those introduced by Regulation (EU) 2016/679 and Directive (EU) 2019/770 of the European Parliament and of the Council67 should not be affected. Any mandatory period under this Regulation shall not affect the compliance with goals under sectoral legislation. _________________ 67 Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1).
2022/11/16
Committee: IMCO
Amendment 192 #

2022/0047(COD)

Proposal for a regulation
Recital 75 a (new)
(75a) In order to facilitate switching between cloud computing services, providers of destination cloud computing services should cooperate in good faith with the provider of source cloud computing services with a view to enable the timely transfer of necessary items such as data or applications.
2022/11/16
Committee: IMCO
Amendment 194 #

2022/0047(COD)

Proposal for a regulation
Recital 27
(27) The data holder may require appropriate user identification and authentication to verify the user’s entitlement to access the data. Where there is a legal obligation for identification and authentication, data holders should provide users the possibility to use European Digital Identity Wallets pursuant to Regulation (EU) XXX/XXXX establishing a framework for a European Digital Identity. In the case of personal data processed by a processor on behalf of the controller, the data holder should ensure that the access request is received and handled by the processor.
2022/11/14
Committee: ITRE
Amendment 194 #

2022/0047(COD)

Proposal for a regulation
Recital 75 b (new)
(75b) Certain cloud computing services, such as cloud computing services, which have been custom built to facilitate a specific customer’s need, or cloud computing services that operate on a trial basis or only supply a testing and evaluation service for business product offerings, should be exempted from the obligations applicable to cloud computing service switching.
2022/11/16
Committee: IMCO
Amendment 196 #

2022/0047(COD)

Proposal for a regulation
Recital 76
(76) Open interoperability specifications and standards developed in accordance with paragraph 3 and 4 of Annex II of Regulation (EU) 1025/2021 in the field of interoperability and portability enable a seamless multi-vendor cloud environment, which is a key requirement for open innovation in the European data economy. As market-driven processes have not demonstrated the capacity to establish technical specifications or standards that facilitate effective cloud computing service interoperability at the PaaS (platform-as-a- service) and SaaS (software-as-a-service) levels, the Commission should be able, on the basis of this Regulation and in accordance with Regulation (EU) No 1025/2012, to request European standardisation bodies to develop such standards, particularly forfor equivalent service types where such standards do not yet exist. In addition to this, the Commission will encourage parties in the market to develop relevant open interoperability specifications. TFollowing consultation with stakeholders and taking into account relevant international and European standards and self-regulating initiatives, the Commission, by way of delegated acts, can mandate the use of European standards for interoperability or open interoperability specifications for specific equivalent service types through a reference in a central Union standards repository for the interoperability of data processcloud computing services. European standards and open interoperability specifications will only be referenced if in compliance with the criteria specified in this Regulation, which have the same meaning as the requirements in paragraphs 3 and 4 of Annex II of Regulation (EU) No 1025/2021 and the interoperability facets defined under the ISO/IEC 19941:2017.
2022/11/16
Committee: IMCO
Amendment 197 #

2022/0047(COD)

Proposal for a regulation
Recital 27 a (new)
(27 a) The user should have the right to share non-personal data with data recipients for commercial and non- commercial purposes. Such data sharing, could be performed directly by the user, upon the request of the user by the data holder or through data intermediation services. Data intermediation services, as regulated by Regulation (EU) 2022/868 could facilitate a data economy by establishing commercial relationships between users, data recipients and third parties and may support users in exercising their right to use data, such as ensuring the proper anonymisation of the data or aggregation of access to data from multiple individual users.
2022/11/14
Committee: ITRE
Amendment 198 #

2022/0047(COD)

Proposal for a regulation
Recital 79
(79) Standardisation and semantic interoperability should play a key role to provide technical solutions to ensure interoperability. In order to facilitate the conformity with the requirements for interoperability, it is necessary to provide for a presumption of conformity for interoperability solutions that meet harmonised standards or parts thereof in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council. The Commission should adopt common specifications in areas where no harmonised standards exist or where they are insufficient in order to further enhance interoperability for the common European data spaces, application programming interfaces, cloud switching as well as smart contracts. Additionally, common specifications in the different sectors could remain to be adopted, in accordance with Union or national sectoral law, based on the specific needs of those sectors. Reusable data structures and models (in form of core vocabularies), ontologies, metadata application profile, reference data in the form of core vocabulary, taxonomies, code lists, authority tables, thesauri should also be part of the technical specifications for semantic interoperability. Furthermore, following consultation with stakeholders and taking into account relevant international and European standards and self-regulating initiatives the Commission should be enabled to mandate the development of harmonised standards for the interoperability of data processcloud computing services.
2022/11/16
Committee: IMCO
Amendment 200 #

2022/0047(COD)

Proposal for a regulation
Recital 28
(28) TWhen the user should be free to use the data for any lawful purpose. This includes providing the data the user has received exercising the right under this Regulationhas requested the data holder to make data available to a third party offering an aftermarket service that may be in competition with a service provided by the data holder, or to instruct the data holder to do so. Ties for the user's commercial purposes, the data holder should ensure that the data made available to the third party is as accurate, complete, reliable, relevant and up-to-date as the data the data holder itself may be able or entitled to access from the use of the product or related service. Any trade secrets or intellectual property rights should be respected in handling the data. It is important to preserve incentives to invest in connected products with functionalities based on the use of data from sensors built into that connected product. The aim of this Regulation should accordingly be understood as to foster the development of new, innovative products or related services, stimulate innovation on aftermarkets, but also stimulatefoster the development of entirely novel services making use of the data, including based on data from a variety of products or related services. At the same time, it aims to avoid undermining the investment incentives for the type of connected product from which the data are obtained, for instance, by the use of data to develop a competing connected product.
2022/11/14
Committee: ITRE
Amendment 210 #

2022/0047(COD)

Proposal for a regulation
Recital 29 a (new)
(29 a) The data generated by the use of a connected product is a materialisation of the users’ actions and events. The user as a generator of data should have a central role in the data economy, have the right to control and decide how to harness the value of these data and be free to use the data for any lawful purpose. The user should have the right to share non- personal data with third parties for commercial purposes. Such data sharing, could be performed directly by the user, upon the request of the user by the data holder or through data intermediation services. Data intermediation services, as regulated by Regulation (EU) 2022/868 could facilitate a data economy by establishing commercial relationships between users, data holders and data recipients and may support users in exercising their right to use data, such as ensuring the proper anonymisation of data or aggregation of access to data from multiple individual users.
2022/11/14
Committee: ITRE
Amendment 211 #

2022/0047(COD)

Proposal for a regulation
Recital 29 b (new)
(29 b) In order to facilitate the creation of fair and efficient data markets for non- personal data with an active involvement of users, data holders should not be able to monetise and share non-personal data from individual users, unless this is necessary for the fulfilment of contractual obligations to the user. Data holders, due to the investments in data collection and processing infrastructure should have the right to further manipulate, aggregate and enrich the data obtained from multiple users, and monetise aggregated data sets from multiple users.
2022/11/14
Committee: ITRE
Amendment 211 #

2022/0047(COD)

Proposal for a regulation
Article 1 – paragraph 4 a (new)
4 a. The obligations on 'data holders' laid down in Chapters II, V and VI in this Regulation shall not apply to public sector bodies.
2022/11/16
Committee: IMCO
Amendment 215 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1) ‘data’ means any digital representation of acts, facts or information and any compilation of such acts, facts or information, including in the form of sound, visual or audio-visual recording, however only raw 'data' that has not undergone any processing beyond mere collection or is generated as a by-product of the user's actions, including diagnostics and other technical data;
2022/11/16
Committee: IMCO
Amendment 226 #

2022/0047(COD)

Proposal for a regulation
Recital 35
(35) The third partyData holders and data recipients should also refrain from using the data to profile individuals unless these processing activities are strictly necessary to provide the service requested by the user. The requirement to delete data when no longer required for the purpose agreed with the user complements the right to erasure of the data subject pursuant to Article 17 of Regulation 2016/679. Where the third party is a provider of a data intermediation service within the meaning of [Data Governance Act], the safeguards for the data subject provided for by that Regulation apply. The third partydata recipient may use the data to develop a new and innovative connected product or related service but not to develop a competing product.
2022/11/14
Committee: ITRE
Amendment 230 #

2022/0047(COD)

Proposal for a regulation
Recital 36
(36) Start-ups, small and medium-sized enterprises and companies from traditional sectors with less-developed digital capabilities struggle to obtain access to relevant data. This Regulation aims to facilitate access to data for these entities, while ensuring that the corresponding obligations are scoped as proportionately as possible to avoid overreach. At the same time, a small number of very large companies have emerged with considerable economic power in the digital economy through theby either manufacturing of connected products and provision of related services in certain sectors or accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. These companies include undertakings which hold a dominant position in certain sectors in manufacturing connected devices and providing related services and undertakings that provide core platform services controlling whole platform ecosystems in the digital economy and whom existing or new market operators are unable to challenge or contest. The [Regulation on contestable and fair markets in the digital sector (Digital Markets Act)](EU) 2022/1925 aims to redress these inefficiencies and imbalances by allowing the Commission to designate a provider as a “gatekeeper”, and imposes a number of obligations on such designated gatekeepers, including a prohibition to combine certain data without consent, and an obligation to ensure effective rights to data portability under Article 20 of Regulation (EU) 2016/679. Consistent with the [Regulation on contestable and fair markets in the digital sector (Digital Markets Act)](EU) 2022/1925, and given the unrivalled ability of these companies to acquire data, it would not be necessary to achieve the objective of this Regulation, and would thus be disproportionate in relation to data holders made subject to such obligations, to include such gatekeeper undertakings as beneficiaries of the data access right. This means that an undertaking providing core platform services that has been designated as a gatekeeper cannot request or be granted access to users’ data generated by the use of a product or related service or by a virtual assistant based on the provisions of Chapter II of this Regulation. An undertaking providing core platform services designated as a gatekeeper pursuant to Digital Markets Act should be understood to include all legal entities of a group of companies where one legal entity provides a core platform service. Furthermore, third parties to whom data are made available at the request of the user may not make the data available to a designated gatekeeper. For instance, the third party may not sub-contract the service provision to a gatekeeper. However, this does not prevent third parties from using data processing services offered by a designated gatekeeper. This exclusion of designated gatekeepers from the scope of the access right under this Regulation of undertakings manufacturing connected products or providing related services, which have been determined to have a dominant position on the market pursuant national or Union competition law and any designated gatekeepers does not prevent these companies from obtaining data through other lawful means.
2022/11/14
Committee: ITRE
Amendment 234 #

2022/0047(COD)

Proposal for a regulation
Recital 37
(37) Given the current state of technology, it is overly burdensome to impose further design obligations in relation to products manufactured or designed and related services provided by micro and small enterprisefor data holders that are micro and small enterprises to fulfill the obligations to make data available to data recipients. That is not the case, however, where a micro or small enterprise is sub-contracted to manufacture or design a productconnected product or provide a related service. In such situations, the enterprise, which has sub-contracted to the micro or small enterprise, is able to compensate the sub- contractor appropriately. A micro or small enterprise may nevertheless be subject to the requirements laid down by this Regulation as data holder, where it is not the manufacturer of the product or a provider of related services.
2022/11/14
Committee: ITRE
Amendment 239 #

2022/0047(COD)

Proposal for a regulation
Recital 38
(38) This Regulation contains general access rules, whenever a data holder is obliged by law to make data available to a data recipient. Such access should be based on fair, reasonable, non-discriminatory and transparent conditions to ensure consistency of data sharing practices in the internal market, including across sectors, and to encourage and promote fair data sharing practices even in areas where no such right to data access is provided. These general access rules do not apply to obligations to make data available under Regulation (EU) 2016/679. Voluntary data sharing remains unaffected by these rules. The Commission should develop a framework aimed at preventing and mitigating distortions on the data market.
2022/11/14
Committee: ITRE
Amendment 242 #

2022/0047(COD)

Proposal for a regulation
Recital 39
(39) Based on the principle of contractual freedom, the parties should remain free to negotiate the precise conditions for making data available in their contracts, within the framework of the general access rules for making data available. Where no international or Union standards on the cybersecurity of data sharing exist, parties are encouraged to indicate any technical and organisational aspects in the terms of the contract, including in relation to data security.
2022/11/14
Committee: ITRE
Amendment 250 #

2022/0047(COD)

Proposal for a regulation
Recital 42
(42) In order to incentivise the continued investment in generating valuable data, including investments in relevant technical tools, this Regulation contains the principle that the data holder may request reasonable compensation when legally obliged to make data available to the data recipient. These provisions should not be understood as paying for the data itself, but in the case of micro, small or medium-sized enterprises, for the costs incurred and investment required for making the data available. The Commission should develop guidance detailing what qualifies as a reasonable compensation in the data economy.
2022/11/14
Committee: ITRE
Amendment 251 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an exceptional situation negatively affecting the population of the Union, a Member State or part of it, with a risk of seriousany life- threatening, serious hazard and lasting repercussions on living conditions or economic stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s) as a consequence of: a) a major or regional natural disaster having the Union or the relevant Memberaken place on the territory of the same eligible State or of a neighbouring eligible State; or b) a major public health emergency having taken place on the territory of the same eligible State(s);
2022/11/16
Committee: IMCO
Amendment 254 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 12
(12) ‘data process'cloud computing service’ means a digital service other than an online content service as defined in Article 2(5) of Regulation (EU) 2017/1128, provided to a customer, which enables on-demand administration and broad remoservice enabling ubiquitous, scalable, elastic and on-demand network access to a shared pool of configurable computing resources of a centralised, distributed or highly distributed nature provided to a customer that can be rapidly provisioned and released with minimal management effort or service provider inte raccess to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature;tion; (This amendment applies throughout the text [cloud computing service] shall replace [data processing service]. Adopting it will necessitate corresponding changes throughout.)
2022/11/16
Committee: IMCO
Amendment 261 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13 a (new)
(13a) ‘cloud computing service data portability’ means the ability of the cloud service to move and suitably adapt its data between the customer’s cloud services, including in different deployment models;
2022/11/16
Committee: IMCO
Amendment 263 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13 b (new)
(13b) 'cloud computing service switching’ means the process where a cloud service customer suitably changes from using one cloud computing service to using a second equivalent or other service offered by a different provider of cloud computing services, involving the provider of source cloud computing services, the customer and the provider of destination cloud computing services.
2022/11/16
Committee: IMCO
Amendment 266 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 14
(14) ‘functional equivalence’ means a definition as agreed upon by a customer and provider of data processing services, or the maintenance of a minimum level of pre-defined functionality in the environment of a new data processing service after the switching process, to such an extent that, in response to an input action by the user on core elements of the service, the desduring the switching process, to such an extent that the service will deliver comparable minimum level functionation service will deliverlity, such as the same output at the same performance and with the same level of security, operational resilience and quality of service as the originating service at the time of termination of the contractagreed at the time of termination of the contract, where both the original and destination service providers independently offer the same core functionality;
2022/11/16
Committee: IMCO
Amendment 267 #

2022/0047(COD)

Proposal for a regulation
Recital 50
(50) Parties to dDispute settlement proceedings are an alternative mean for dispute resolution and should not be prevented parties from exercising their fundamental rights to an effective remedy and to a fair trial. Therefore, the decision to submit a dispute to a dispute settlement body should not deprive those parties of their right to seek redress before a court or a tribunal of a Member State.
2022/11/14
Committee: ITRE
Amendment 269 #

2022/0047(COD)

Proposal for a regulation
Recital 50 a (new)
(50 a) In order to avoid misuse of the new data access rights, the data holder may apply protective measures in relation to the data made available to the data recipient to prevent unauthorised access and ensure compliance with the framework of data access pursuant to this Regulation. However, those technical measures should not hinder the effective access and use of data for the data recipient. In the case of abusive practices such as misleading the data holder with inaccurate information or developing a competing connected product, the data holder can, resort to remedies such as requesting the deletion of data and the end of production of connected products based on the data received.
2022/11/14
Committee: ITRE
Amendment 272 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
(20a) ‘Switching’ shall be understood as the process enabling, for any client of a cloud service provider, to extract, transform and load their data to another provider(s). By extension, switching also applies to configurations where data transfers occur when clients of cloud service providers are using several providers simultaneously.
2022/11/16
Committee: IMCO
Amendment 287 #

2022/0047(COD)

Proposal for a regulation
Recital 57
(57) In case of public emergencies, such as public health emergencies, emergencies resulting from environmental degradation and major natural disasters including those aggravated by climate change, as well as human-induced major disasters, such as major cybersecurity incidents, the public interest resulting from the use of the data will outweigh the interests of the data holders to dispose freely of the data they hold. In such a case, data holders should be placed under an obligation to make the data available to public sector bodies or to Union institutions, agencies or bodies upon their request. The existence of a public emergency is determinshould be determined and declared according to the respective procedures in the Member States or of relevant international organisations. In cases of major cybersecurity incidents, this Regulation should be complementary but not create a duplication of requirements deriving from Directive (EU) XXXX/XXXX on measures for a high common level of cybersecurity across the union [NIS2] and Regulation (EU) XXX/XXXX on Digital Operational Resilience for financial entities [DORA].
2022/11/14
Committee: ITRE
Amendment 296 #

2022/0047(COD)

Proposal for a regulation
Recital 58
(58) An exceptional need may alsowould arise when a public sector body can demonstrate that the data are necessary either to prevent a public emergency, or to assist recovery from a public emergency, in circumstances that are reasonably proximate to the public emergency in question. Where the exceptional need is not justified by the need to respond to, prevent or assist recovery from a public emergency, the public sector body or the Union institution, agency or body should demonstrate that the lack of timely access to and the use of the data requested prevents it from effectively fulfilling a specific task in the public interest that has been explicitly provided in law. Such exceptional need may also occur in other situations, for example in relation to the timely compilation of official statistics when data is not otherwise available or when the burden on statistical respondents will be considerably reduced. At the same time, the public sector body or the Union institution, agency or body should, outside the case of responding to, preventing or assisting recovery from a public emergency, demonstrate that noit has exhausted all other alternative means for obtaining the data requested exists and that the data cannot be obtained in a timely manner through the laying down of the necessary data provision obligations in new legislation.
2022/11/14
Committee: ITRE
Amendment 296 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)
(aa) How long time the data holder shall store such data and thus make it available for the data user.
2022/11/16
Committee: IMCO
Amendment 300 #

2022/0047(COD)

Proposal for a regulation
Recital 59
(59) This Regulation should not apply to, nor pre-empt, voluntary arrangements for the exchange of non-personal data between private and public entities. Obligations placed on data holders to provide data that are motivated by needs of a non-exceptional nature, notably where the range of data and of data holders is known and where data use can take place on a regular basis, as in the case of reporting obligations and internal market obligations, should not be affected by this Regulation. Requirements to access data to verify compliance with applicable rules, including in cases where public sector bodies assign the task of the verification of compliance to entities other than public sector bodies, should also not be affected by this Regulation.
2022/11/14
Committee: ITRE
Amendment 303 #

2022/0047(COD)

Proposal for a regulation
Recital 60
(60) For the exercise of their tasks in the areas of prevention, investigation, detection or prosecution of criminal and administrative offences, the execution of criminal and administrative penalties, as well as the collection of data for taxation or customs purposes, public sector bodies and Union institutions, agencies and bodies should rely on their powers under sectoral legislation. This Regulation accordingly does not affect instruments for the sharing, access and use of data in those areas. This Regulation should not apply to connected products and related services provided for public security, defence and national security.
2022/11/14
Committee: ITRE
Amendment 304 #

2022/0047(COD)

Proposal for a regulation
Recital 61
(61) A proportionate, limited and predictable framework at Union level is necessary for the making available of data by data holders, in cases of exceptional needs, to public -sector bodies and to Union institution, agencies or bodies both to ensure legal certainty and, to minimise the administrative burdens placed on businesses and to avoid misuse of data. To this end, data requests by public sector bodies and by Union institution, agencies and bodies to data holders should be transparent, limited in time, and proportionate in terms of their scope of content and their granularity. The purpose of the request and the intended use of the data requested should be specific and clearly explained, while allowing appropriate flexibility for the requesting entity to perform its tasks in the public interest. The request should also respect the legitimate interests of the businesses to whom the request is made. In order to ensure a higher degree of coordination and avoid additional burden on private companies, Member States should designate one competent authority to act as a single point of contact between public entities requesting access to data and private entities providing access to these data. The competent authority should receive the requests from the public sector bodies or Union institutions, agencies or bodies, analyse whether the requests comply with the requirements set by this Regulation and further direct them to the data holders for execution. The burden on data holders should be minimised by obliging requesting entities to respect the once-only principle, which prevents the same data from being requested more than once by more than one public sector body or Union institution, agency or body where those data are needed to respond to a public emergency. To ensure transparency, data requests made by public sector bodies and by Union institutions, agencies or bodies should be made public without undue delay by the entity requesting the datacompetent authority and online public availability of all requests justified by a public emergency should be ensured.
2022/11/14
Committee: ITRE
Amendment 309 #

2022/0047(COD)

Proposal for a regulation
Recital 62
(62) The objective of the obligation to provide the data is to ensure that public sector bodies and Union institutions, agencies or bodies have the necessary knowledge to respond to, prevent or recover from public emergencies or to maintain the capacity to fulfil specific tasks explicitly provided by law. The data obtained by those entities may be commercially sensitive. Therefore, Directive (EU) 2019/1024 of the European Parliament and of the Council65 should not apply to data made available under this Regulation and should not be considered as open data available for reuse by third parties. This however should not affect the applicability of Directive (EU) 2019/1024 to the reuse of official statistics for the production of which data obtained pursuant to this Regulation was used, provided the reuse does not include the underlying data. In addition, it should not affect the possibility of sharing the data for conducting research or for the compilation of official statistics, provided the conditions laid down in this Regulation are met. Public sector bodies should also be allowed to exchange data obtained pursuant to this Regulation with other public sector bodies to address the exceptional needs for which the data has been requested only with the prior explicit consent of the data holder. _________________ 65 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).
2022/11/14
Committee: ITRE
Amendment 312 #

2022/0047(COD)

Proposal for a regulation
Recital 63
(63) Data holders should have the possibility to either ask for a modification of the request made by a public sector body or Union institution, agency and body or its cancellation in a period of 5 or 15 working days depending on the nature of the exceptional need invoked in the requestwithout undue delay, but no longer than 5 working days. In case of requests motivated by a public emergency, justified reason not to make the data available should exist if it can be shown that the data is unavailable, the request does not meet the criteria laid down in Chapter V of this Regulation or the request is similar or identical to a previously submitted request for the same purpose by another public sector body or by another Union institution, agency or body and the data holder has not been notified regarding the destruction of such data. A data holder rejecting the request or seeking its modification should communicate the underlying justification for refusing the request to the public sector body or to the Union institution, agency or body requesting the datacompetent authority. In case the sui generis database rights under Directive 96/6/EC of the European Parliament and of the Council66 apply in relation to the requested datasets, data holders should exercise their rights in a way that does not prevent the public sector body and Union institutions, agencies or bodies from obtaining the data, or from sharing it, in accordance with this Regulation. _________________ 66 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).
2022/11/14
Committee: ITRE
Amendment 316 #

2022/0047(COD)

Proposal for a regulation
Recital 64
(64) Where it is strictly necessary to include personal data in the data made available to a public sector body or to a Union institution, agency or body the applicable rules on personal data protection should be complied with and the making available of the data and their subsequent use should and be accompanied by safeguards for the rights and interests of individuals concerned by those data. The body requesting the data should demonstrate the strict necessity and the specific and limited purposes for processing. The data holder should take reasonable effortPrior to making the data available, the data holder should apply all necessary means to anonymise the data or, where such anonymisation proves impossible, the data holder should apply technological means such as pseudonymisation and aggregation, prior to making the data available.
2022/11/14
Committee: ITRE
Amendment 318 #

2022/0047(COD)

Proposal for a regulation
Recital 65
(65) Data made available to public sector bodies and to Union institutions, agencies and bodies on the basis of exceptional need should only be used for the purpose for which they were requested, unless the data holder that made the data available has expresslicitly agreed for the data to be used for other purposes. The data should be destroyedpublic sector bodies and Union institutions, agencies and bodies should take all necessary legal, technical and organisational measures to ensure the integrity and security of the data and should destroy the data once it is no longer necessary for the purpose stated in the request, unless agreed otherwise, and the data holder should be informed thereof.
2022/11/14
Committee: ITRE
Amendment 322 #

2022/0047(COD)

Proposal for a regulation
Recital 66
(66) When reusing data provided by data holders, public sector bodies and Union institutions, agencies or bodies should respect both existing applicable legislation and contractual obligations to which the data holder is subject. Where the disclosure of trade secrets of the data holder to public sector bodies or to Union institutions, agencies or bodies is strictly necessary to fulfil the purpose for which the data has been requested, confidentiality of such disclosure shouldall be ensured to the data holder.
2022/11/14
Committee: ITRE
Amendment 325 #

2022/0047(COD)

Proposal for a regulation
Recital 67
(67) When the safeguarding of a significant public goodinterest is at stake, such as is the case of responding to public emergencies, the public sector body or the Union institution, agency or body should not be expected to compensate enterprises for the data obtained. Public emergencies are rare, temporary events and not all such emergencies require the use of data held by enterprises. The business activities of the data holders are therefore not likely to be negatively affected as a consequence of the public sector bodies or Union institutions, agencies or bodies having recourse to this Regulation. However, as cases of an exceptional need other than responding to a public emergency might be more frequent, including cases of prevention of or recovery from a public emergency, data holders should in such cases be entitled to a reasonable compensation which should not exceed the technical and organisational costs incurred in complying with the request and the reasonable margin required for making the data available to the public sector body or to the Union institution, agency or body. The compensation should not be understood as constituting payment for the data itself and as being compulsory.
2022/11/14
Committee: ITRE
Amendment 326 #

2022/0047(COD)

Proposal for a regulation
Recital 68
(68) The public sector body or Union institution, agency or body may share the data it has obtained pursuant to the request with other entities or persons when this is needed to carry out scientific research activities or analytical activities it cannot perform itself. Data holders should be notified regarding such data sharings, providing the data holder with all necessary information regarding the identity of the data recipient and the activities that will be carried out by the data recipient. The data holder should have the right to object to the sharing of data by a public sector body or a Union institution, agency or body to the competent authority, when such data sharing does not meet the requirements of this Regulation. Such data may also be shared under the same circumstances with the national statistical institutes and Eurostat for the compilation of official statistics. Such research activities should however be compatible with the purpose for which the data was requested and the data holder should be informed about the further sharing of the data it had provided. Individuals conducting research or research organisations with whom these data may be shared should act either on a not-for- profit basis or in the context of a public- interest mission recognised by the State. Organisations upon which commercial undertakings have a decisive influence allowing such undertakings to exercise control because of structural situations, which could result in preferential access to the results of the research, should not be considered research organisations for the purposes of this Regulation.
2022/11/14
Committee: ITRE
Amendment 328 #

2022/0047(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. Any undertaking providing core platform services for which one or more of such services have been designated as a gatekeeper, pursuant to Article […] of [Regulation XXX on contestable and fair markets in the digital sector (Digital Markets Act)73 ], shall not be an eligible third party under this Article and therefore shall not: (a) solicit or commercially incentivise a user in any manner, including by providing monetary or any other compensation, to make data available to one of its services that the user has obtained pursuant to a request under Article 4(1); (b) solicit or commercially incentivise a user to request the data holder to make data available to one of its services pursuant to paragraph 1 of this Article; (c) receive data from a user that the user has obtained pursuant to a request under Article 4(1). _________________ 73 OJ […].deleted
2022/11/16
Committee: IMCO
Amendment 347 #

2022/0047(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point d
(d) make the data available it receives to an undertaking providing core platform services for which one or more of such services have been designated as a gatekeeper pursuant to Article […] of [Regulation on contestable and fair markets in the digital sector (Digital Markets Act)];deleted
2022/11/16
Committee: IMCO
Amendment 352 #

2022/0047(COD)

Proposal for a regulation
Recital 89
(89) In order to allow the economic actors to adapt to the new rules laid out in this Regulation, they should apply from a year after18 months after entry into force of the Regulation. The obligations related to the design of the connected products and provision of the related services placed on the market within the last five years from the entry into force of theis Regulation, should apply retroactively, only when the manufacturer or provider of related service is able to remotely deploy mechanisms to ensure the fulfilment of the requirements pursuant to Article 3(1) and only when the deployment of such mechanisms would not place a disproportionate burden on the manufacturer or provider of related services.
2022/11/14
Committee: ITRE
Amendment 356 #

2022/0047(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down harmonised rules on making data generated by the use of a connected product or related service available to the user of that connected product or related service, on the making data available by a user to a data recipient or by the data holders to data recipients, and on the making data available by data holders to public sector bodies or Union institutions, agencies or bodies, where there is an exceptional need, for the performance of a task carried out in the public interest:
2022/11/14
Committee: ITRE
Amendment 360 #

2022/0047(COD)

Proposal for a regulation
Article 1 – paragraph 1 a (new)
1 a. Where this Regulation refers to connected products that are primarily designed to display or play content, or to record and transmit content, amongst others for the use by an online service, the data generated by them shall be covered by this Regulation, insofar it does not overlap with the scope of the national and Union law referring to electronic communications services.
2022/11/14
Committee: ITRE
Amendment 364 #

2022/0047(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. A data holder shall not discriminate between comparable categories of data recipients, including partner enterprises or linked enterprises, as defined in Article 3 of the Annex to Recommendation 2003/361/EC, of the data holder, when making data available. Where a data recipient considershas a reasonable doubt that the conditions under which data has been made available to it to be discriminatory, it shall be for the data holder and the data recipient to demonstrate thatwhether there has been no discrimination.
2022/11/16
Committee: IMCO
Amendment 365 #

2022/0047(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a
(a) manufacturers of connected products and suppliproviders of related services placed on the market in the Union and the users of such products or services, irrespective of their place of establishment;
2022/11/14
Committee: ITRE
Amendment 369 #

2022/0047(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
(b a) users of connected products or related services in the Union to whom the generated data is made accessible to or that make data available to data recipients in the Union;
2022/11/14
Committee: ITRE
Amendment 370 #

2022/0047(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point d
(d) public sector bodies and Union institutions, agencies or bodies that request data holders to make data available where there is an exceptional need to that data for the performance of a task carried out in the public interestrevention, response or recovery from a public emergency and the data holders that provide those data in response to such request;
2022/11/14
Committee: ITRE
Amendment 374 #

2022/0047(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point e
(e) providers of data processing services offer, irrespective of their place of establishment, providing such services to customers in the Union.
2022/11/14
Committee: ITRE
Amendment 380 #

2022/0047(COD)

Proposal for a regulation
Article 9 – paragraph 4 a (new)
4a. The data holder should be allowed to charge the data user for a value-added data service irrespective of article 4.1.
2022/11/16
Committee: IMCO
Amendment 382 #

2022/0047(COD)

Proposal for a regulation
Article 1 – paragraph 4
4. This Regulation shall not apply to, nor pre-empt, voluntary arrangements for the exchange of non-personal data between private and public entities. It shall not affect Union and national legal acts providing for the sharing, access and use of data for the purpose of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including Regulation (EU) 2021/784 of the European Parliament and of the Council72 and the [e- evidence proposals [COM(2018) 225 and 226] once adopted, and international cooperation in that area. This Regulation shall not affect the collection, sharing, access to and use of data under Directive (EU) 2015/849 of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering and terrorist financing and Regulation (EU) 2015/847 of the European Parliament and of the Council on information accompanying the transfer of funds. This Regulation shall not affect the competences of the Member States regarding activities concerning public security, defence, national security, customs and tax administration and the health and safety of citizens in accordance with Union law. This Regulation shall not apply to the data generated by connected products and related services provided for public security, defence and national security. _________________ 72 Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online (OJ L 172, 17.5.2021, p. 79).
2022/11/14
Committee: ITRE
Amendment 392 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1) ‘data’ means any digital representation of acts, facts or information and any compilation of such acts, facts or information, including in the form of sound, visual or audio-visual recording;, that is generated by the use of a connected product and can be transmitted via electronic communications services.
2022/11/14
Committee: ITRE
Amendment 418 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
(2) ‘connected product’ means a tangible, movable item, including where incorporated in an immovable item, that obtains, generates or collects, data concerning its use or environment, and that is able to communicate data via a publicly availablen electronic communications service and whose primary function is not the storing and processing of data;
2022/11/14
Committee: ITRE
Amendment 424 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3
(3) ‘related service’ means a digital service, including software, which is incorporated in orbut excluding electronic communications services, which is inter-connected with a product in such a way that its absence would prevent the product from performing one or more of its functions;
2022/11/14
Committee: ITRE
Amendment 429 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5
(5) ‘user’ means a natural or legal person that owns, rents or leases a a product and receives a related service from a data holder or a lawful user to whom the owner of the connected product has transferred, pursuant to a rental or lease agreement, the right to use the connected product or receives a related services from a data holder;
2022/11/14
Committee: ITRE
Amendment 438 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person, other than the user, who has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, or in the case ofto make available non-personal data and through control of the technical design of thegenerated by the use of a connected product andor a related services, the ability, to make available certain and who has the control over these data;
2022/11/14
Committee: ITRE
Amendment 446 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 7
(7) ‘data recipient’ means a legal or natural person, acting for purposes which are related to that person’s trade, business, craft or profession, other than the user of a connected product or related service, to whom the data holduser makes the data available either directly, or through data intermediation services, or the data holder, including a third party following a request by the user to the data holder or in accordance with a legal obligation under Union law or national legislation implementing Union law;
2022/11/14
Committee: ITRE
Amendment 454 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an exceptional situation negativ legally declared state of emergency by the Union or a Member State for an exceptional and immediate situation caused by natural or man-made disasters, adversely affecting the population of the Union, a Member State or part of it, with a risk of seriousignificant and lasting repercussions on living conditionsthe health, safety or economic stability of citizen, or the substantial degradation of economic assets in the Union or the relevant Member State(s);
2022/11/14
Committee: ITRE
Amendment 470 #

2022/0047(COD)

Proposal for a regulation
Article 23 – paragraph 1 – introductory part
1. Providers of a data processcloud computing service shall take the measures provided for in Articles 24, 25 and 26 to ensure that customers of their service canable customers switching to another data processcloud computing service, covering the sameequivalent service type, which is provided by a different service provider of cloud computing services. In particular, providers of data processa cloud computing service shall removnot impose commercial, technical, contractual and organisational obstacles, which inhibit customers from:
2022/11/16
Committee: IMCO
Amendment 473 #

2022/0047(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 30 calendar days or after a notice period agreed in the contractual agreement between the customer and the provider of cloud computing services, the contractual agreement of the service;
2022/11/16
Committee: IMCO
Amendment 474 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 17
(17) ‘electronic ledger’ means an electronic ledger within the meaning of Article 3, point (53), of Regulation (EU) No 910/2014XXX/XXXX [establishing a European Digital Identity framework];
2022/11/14
Committee: ITRE
Amendment 479 #

2022/0047(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point b
(b) concluding new contractual agreements with a different provider of data processcloud computing services covering the sameequivalent service type;
2022/11/16
Committee: IMCO
Amendment 480 #

2022/0047(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point c
(c) porting ithe customer's data, applications and other digital assets to another provider of data processing services; and receiving its data, applications, depending on the service type, and other digital assets from the cloud computing provider;
2022/11/16
Committee: IMCO
Amendment 486 #

2022/0047(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point d
(d) maintaining functional equivalence of the service in the IT-environment of the different provider or providers of data processing servicecloud computing providers covering the same service type, in accordance with Article 26. , without requiring those cloud computing providers to develop or copy new categories of services within or on the basis of the IT-infrastructure of different cloud computing providers to guarantee functional equivalence in an environment other than their own systems.
2022/11/16
Committee: IMCO
Amendment 488 #

2022/0047(COD)

Proposal for a regulation
Article 3 – title
3 Obligation of the manufacturer or a provider of related services to make data generated by the use of connected products or related services accessible to the user
2022/11/14
Committee: ITRE
Amendment 488 #

2022/0047(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. Paragraph 1 shall only apply to obstacles that are related to the services, contractual agreements or commercial practices provided by the original provider.deleted
2022/11/11
Committee: IMCO
Amendment 490 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data generated by their use are, by default, easily, securely and, where relevant and appropriate, directly accessible to the userthat the data holder can readily obtain from the product on to an existing interface, or data that are collected or aimed to be collected by the data holder, are by default, easily, securely and, where relevant and appropriate, directly accessible to the user in a structured, commonly used and machine- readable format along with the relevant metadata, on a free of charge basis and retrievable by the user. Where technically feasible, the user should be able to access and retrieve such data directly from the device, without recourse to related services.
2022/11/14
Committee: ITRE
Amendment 490 #

2022/0047(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. Paragraph 1 shall only apply to obstacles that are related to the services, contractual agreements or commercial practices provided by the original providerprovider of source cloud computing services.
2022/11/11
Committee: IMCO
Amendment 496 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – introductory part
1. The rights of the customer and the obligations of the provider of a data processcloud computing service in relation to switching between providers of such services shall be clearly set out in a written contract. Without prejudice to Directive (EU) 2019/770, that contrace provider of cloud computing services shall ensure that contractual agreement shall include at least the following:
2022/11/11
Committee: IMCO
Amendment 499 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 1 a (new)
1 a. Before concluding a contract for the purchase, rent or lease of a connected product, the manufacturer shall provide to the user, in the form of a standardised label at least the following information: (a) the nature, format and estimated volume of data that the connected product is capable of generating; (b) the means by which the connected product can transmit data, including whether the data will be stored on-device or on a remote server; (c) whether the seller, renter or lessor is the data holder and, if not, the identity of the data holder, such as its trading name, the geographical address at which it is established and where applicable the legal entity identifier; (d) how the user of the connected product can access, retrieve or request erasure of the generated data from the connected product; (e) the on-device storage capacity, including the duration for which data collected by the connected product can be stored on it; (f) the period for which the device is guaranteed to receive functionality updates according to the Regulation (EU) XXX/XXXX [Cyber resilience Act].
2022/11/14
Committee: ITRE
Amendment 501 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point a – introductory part
(a) clauses allowing the customer, upon request, to switch to a data processing service offered by another provider of data processing service or to port all data, applications and digital assets generated directly or indirectly by the customer to an on-premise system, in particular the establishment of a mandatory maximum transition period of 30 calendar days, to be initiated after the maximum notice period referred to in Article 23, during which the data processing service provider shall:
2022/11/11
Committee: IMCO
Amendment 512 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – introductory part
2. Before concluding a contract for the purchase, rent or lease of a product orrovision of a related service, at least the following information shall be provided to the user, in a simple manner, clear and comprehensible format:
2022/11/14
Committee: ITRE
Amendment 512 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point a – point 1
(1) assist and, where technically feasible, complethrough and facilitate the switching process;
2022/11/11
Committee: IMCO
Amendment 514 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a
(a) the nature an, format, frequency and estimated volume of the data likely to be generated by the use of the connected product orand related service;
2022/11/14
Committee: ITRE
Amendment 514 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2
(2) ensure fullact with due care to maintain business continuity and security of the service and, taking into account the advancement in the switching process, ensure, to the greatest extent possible, continuity in the provision of the respectivelevant functions or services within the provider of source cloud computing services’ infrastructure capacity and according to the contractual obligations.
2022/11/11
Committee: IMCO
Amendment 518 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b
(b) whether the data is likely towill be generated continuously and in real-time;
2022/11/14
Committee: ITRE
Amendment 518 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2 a (new)
(2 a) provide clear information concerning known risks to continuity in the provision of the respective functions or services from the side of provider of source cloud computing services during the switching process.
2022/11/11
Committee: IMCO
Amendment 520 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b a (new)
(b a) whether the data will be stored on- device or on a remote server;
2022/11/14
Committee: ITRE
Amendment 522 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2 b (new)
(2 b) obligation to complete the switching process within the period which may not exceed 6 months. The customer shall retain the right to extend this period, if needed, prior to or during the switching process;
2022/11/11
Committee: IMCO
Amendment 523 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point c
(c) how the user may access, retrieve and request de erasure of those data;
2022/11/14
Committee: ITRE
Amendment 527 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point b
(b) an exhaustive specification of all data and application categories exportable during the switching process, including, at minimum, all data imported by the customer at the inception of the service agreement and all data and metadata related to the customer's services and created by the customer and by the use of the service during the period the service was provided, including, but not limited to, configuration parameters, security settings, access rights and access logs to the service; being understood that cloud service providers shall not be required to disclose trade secrets or other proprietary information.
2022/11/11
Committee: IMCO
Amendment 534 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point b a (new)
(b a) support for development of the customer’s exit strategy relevant to the contracted services, including through providing information such as procedures for initiating switching from the cloud computing service, the machine-readable data formats that user’s data can be exported to, the tools, including at least one open standard data portability interface, foreseen to export data, known technical restrictions and limitations that could impact switching process, estimated time necessary to complete the switching process, costs indication related to the data transfers and additional services offered to facilitate the switching process, including the ability of the customer to test its switching process.
2022/11/11
Committee: IMCO
Amendment 536 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point d
(d) whether the manufacturer supplying the product or the service provider providing the related service intends to use the data itself or allow a third party to use the data and, if so, the purposes for which those data will be used;
2022/11/14
Committee: ITRE
Amendment 536 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point c
(c) a minimum period for data retrieval of at least 30 calendar days, starting after the termination of the transition period that was agreed between the customer and the service provider of cloud computing services, in accordance with paragraph 1, point (a) and paragraph 2.
2022/11/11
Committee: IMCO
Amendment 540 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point e
(e) whether the seller, renter or lessorprovider of the related service is the only data holder and, if not, the identity of the other data holders, such as its trading name and, the geographical address at which it is established; and where applicable the legal entity identifier;
2022/11/14
Committee: ITRE
Amendment 545 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point f a (new)
(f a) where relevant, the type of data likely to be generated by the use of the connected product or related service that may contain or contains any trade secrets or may reveal or reveals any other relevant information concerning intellectual property rights and thus requires prior explicit written consent of the data holder before providing access to, using or sharing it;
2022/11/14
Committee: ITRE
Amendment 547 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point g
(g) how the user may request that the data are shared with a third-party and withdraw the consent for data sharing;
2022/11/14
Committee: ITRE
Amendment 547 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 2 a (new)
2 a. Following a successful switch to another provider or back on-premises by the customer, the provider of the cloud computing service should be required to permanently delete the user data, unless otherwise expressly agreed.
2022/11/11
Committee: IMCO
Amendment 548 #

2022/0047(COD)

Proposal for a regulation
Article 24 a (new)
Article 24 a Obligations of the providers of destination cloud computing services The provider of destination cloud computing services shall comply with the following obligations towards the customer: a) shall provide information on available procedures for switching and porting to the cloud computing service when it is a porting destination, including information on available porting methods, formats as well as known restrictions and technical limitations; b) shall cooperate in good faith with the provider of source cloud computing services to enable the timely transfer of necessary items such as data or software via commonly used, machine-readable format and by means of the open standard data portability interface, unless otherwise agreed by both parties.
2022/11/11
Committee: IMCO
Amendment 553 #

2022/0047(COD)

Proposal for a regulation
Article 25 – paragraph 1
1. From [date X+3yrs, the date of entry into force of this Regulation] onwards, providers of data processcloud computing services shall not impose any charges on the customers who are consumers for the switching process.
2022/11/11
Committee: IMCO
Amendment 557 #

2022/0047(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Where data cannot be directly accessed by the user from the product, the data holder shall make available to the user the data generated by its use of a product or related service without undue delay, free of charge and, where applicable, continuously and in real-time. This shall be done on the basis of a simple request through electronic means where technically feasiblin a structured, commonly used and machine- readable format, free of charge and, where technically feasible, continuously and in real-time.
2022/11/14
Committee: ITRE
Amendment 565 #

2022/0047(COD)

Proposal for a regulation
Article 25 – paragraph 2
2. From [date X, the date of entry into force of the Data Act] until [date X+3yrsis Regulation], providers of data processcloud computing services mayshall impose reduced charges on theall customers for the switching process.
2022/11/11
Committee: IMCO
Amendment 567 #

2022/0047(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. The data holder shall not require the user to provide any information beyond what is strictly necessary to verify the quality as a user pursuant to paragraph 1. The data holder shall not keep any information on the user's access to the data requested beyond what is necessary for the sound execution of the user’s access request and for the security and the maintenance of the data infrastructure. Where identification is legally required, data holders shall enable the possibility for users to identify and authenticate through the European Digital Identity Wallets, pursuant to Regulation (EU) XXX/XXXX [European Digital Identity framework].
2022/11/14
Committee: ITRE
Amendment 570 #

2022/0047(COD)

Proposal for a regulation
Article 25 – paragraph 3
3. The charges referred to in paragraph 2 shall not exceed the costs incurred by the provider of data processcloud computing services that are directly linked to the switching process and shall be associated with mandatory operations that the provider of cloud computing processing services must perform as part of the switching process concerned.
2022/11/11
Committee: IMCO
Amendment 573 #

2022/0047(COD)

Proposal for a regulation
Article 25 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 38 to supplement this Regulation in order to introduce a monitoring mechanism for the Commission to monitor switching charges imposed by data processproviders of cloud computing service providers on the market to ensure that the withdrawal of switching charges as described in paragraph 1 of this Article will be attained in accordance with the deadline provided in the same paragraph.
2022/11/11
Committee: IMCO
Amendment 575 #
2022/11/11
Committee: IMCO
Amendment 579 #

2022/0047(COD)

Proposal for a regulation
Article 26 – paragraph 1
1. Providers of data processcloud computing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall ensureto the extend possible support that the customer, after switching to a service covering the same service type offered by a different provider of data processcloud computing services, enjoysis well equipped to achieve functional equivalence in the use of the new service.
2022/11/11
Committee: IMCO
Amendment 583 #

2022/0047(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. For data processing services other than those covered by paragraph 1, providers of data processProviders of cloud computing services, including providers of destination cloud computing services shall make open interfaces publicly available and free of charge for the purpose of portability and interoperability.
2022/11/11
Committee: IMCO
Amendment 584 #

2022/0047(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. Trade secrets shall only be disclosed provided that all specifiche data holder can take all necessary measures are taken, in advance to preserve the confidentiality of its trade secrets, in particular wisofar this is not hampering the respect to third partiesights of the users or third parties to access data. The data holder and the user can agree on measures to preserve the confidentiality of the shared data, in particular in relation to third parties.
2022/11/14
Committee: ITRE
Amendment 585 #

2022/0047(COD)

Proposal for a regulation
Article 4 – paragraph 3 a (new)
3 a. The user shall have the right to either directly share, through a data holder or through providers of data intermediation services as set in the Regulation (EU) 2022/868, their non- personal data to any data recipient for commercial purposes. The data sharing between a user and a data recipient shall be done through contractual agreements, the provisions of Chapter IV on fair, reasonable and non-discriminatory terms shall apply mutatis mutandis to the contractual agreements between users and data recipients.
2022/11/14
Committee: ITRE
Amendment 586 #

2022/0047(COD)

Proposal for a regulation
Article 4 – paragraph 3 b (new)
3 b. Data holders shall not make available non-personal data transmitted to them from the connected product of the individual user, to third parties for commercial or non-commercial purposes other than the fulfilment of their obligations to the user. Where relevant, data holders shall contractually bind third parties not to monetise or further share data received from them.
2022/11/14
Committee: ITRE
Amendment 587 #

2022/0047(COD)

Proposal for a regulation
Article 26 – paragraph 3
3. For data processing services other than those covered by paragraph 1, providers of data processing services shallAll providers of cloud computing services shall, where technically feasible, ensure compatibility with open interoperability specifications or European standards for interoperability that are identified in accordance with Article 29(5) of this Regulation.
2022/11/11
Committee: IMCO
Amendment 589 #

2022/0047(COD)

Proposal for a regulation
Article 26 – paragraph 4
4. Where the open interoperability specifications or European standards referred to in paragraph 3 do not exist for the equivalent service type concerned, the provider of data processcloud computing services shall, at the request of the customer, export where technically feasible, all data generated or co-generated, including the relevant data formats and data structures, and metadata in a structured, commonly used and machine- readable format as indicated to the customer in accordance with Article 24 (1 ab), unless other format is accepted by the customer.
2022/11/11
Committee: IMCO
Amendment 594 #

2022/0047(COD)

Proposal for a regulation
Article 26 – paragraph 4 a (new)
4 a. Where the open interoperability specifications or European standards referred to in paragraph 3 do not exist for the service type concerned, the provider of data processing services shall make APIs available for the purpose of interoperability. These APIs shall ensure, where technically feasible, that third-party services can enjoy the same functional equivalence as first-party services.
2022/11/11
Committee: IMCO
Amendment 597 #

2022/0047(COD)

Proposal for a regulation
Article 26 – paragraph 4 b (new)
4 b. The requirements set out in this chapter shall not require a provider of cloud computing services to: a) develop new technologies or services; b) disclose or transfer proprietary or confidential data or technology that is protected as a trade secret or by other property rights, to the customer or to another provider of cloud computing services;or c) engage in, facilitate or enable anti- competitive behaviour.
2022/11/11
Committee: IMCO
Amendment 598 #

2022/0047(COD)

Proposal for a regulation
Article 26 a (new)
Article 26 a Withdrawal of interoperability charges 1. From [date X] onwards, providers of data processing services shall not impose charges for the interoperability process in excess of the costs incurred by the provider of data processing services that are directly linked to the interoperability process concerned. 2. The Commission is empowered to adopt delegated acts in accordance with Article 38 to supplement this Regulation in order to introduce a monitoring mechanism for the Commission to monitor interoperability charges imposed by data processing service providers on the market to ensure that the limitation of interoperability charges as described in paragraph 1 of this Article will be attained in accordance with the deadline provided in the same paragraph.
2022/11/11
Committee: IMCO
Amendment 599 #

2022/0047(COD)

Proposal for a regulation
Article 26 b (new)
Article 26 b Exemptions for certain cloud computing services The obligations set out in this Chapter shall not apply to: a) cloud computing services, which have been custom-built to facilitate a specific customer’s need; b) cloud computing services that operate on a trial basis or only supply a testing and evaluation service for business product offerings.
2022/11/11
Committee: IMCO
Amendment 602 #

2022/0047(COD)

Proposal for a regulation
Article 5 – title
5 Right of the user to share data with third parties
2022/11/14
Committee: ITRE
Amendment 608 #

2022/0047(COD)

Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point c a (new)
(c a) or where the Commission has decided that the third country, a territory or one or more specified sectors within that third country, or the international organisation in question ensures an adequate level of protection according to Article 45 of the Regulation (EU) 2016/679.
2022/11/11
Committee: IMCO
Amendment 610 #

2022/0047(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. Upon request by a user, or by a party acting on behalf of a user, the data holder shall make available the data generated by the use of a connected product or related service to a third party, in accordance with Articles 8 and 9, without undue delay, free of charge to the user, of the same quality as is available to the data holder and, where applicaeasily, securely, in a structured, commonly used and machine- readable format and, where technically feasible, continuously and in real-time.
2022/11/14
Committee: ITRE
Amendment 613 #

2022/0047(COD)

Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – introductory part
OData holders and operators ofwithin data spaces shall comply with, the following essential requirements to facilitate interoperability of data, data sharing mechanisms and services:
2022/11/11
Committee: IMCO
Amendment 616 #

2022/0047(COD)

Proposal for a regulation
Article 5 – paragraph 2 – introductory part
2. Any undertaking manufacturing connected products or providing related services which has been determined to have a dominant position on the market pursuant to national or Union competition law and any undertaking providing core platform services for which one or more of such services have been designated as a gatekeeper, pursuant to Article […] of [Regulation XXX on contestable and fair markets in the digital sector (Digital Markets Act)73 ], shall not be an eligible third party under this Article and therefore shall not: _________________ 73 OJ […].
2022/11/14
Committee: ITRE
Amendment 625 #

2022/0047(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. The user or third party shall not be required to provide any information beyond what is strictly necessary to verify the quality as user or as third party pursuant to paragraph 1. The data holder shall not keep any information on the third party’s access to the data requested beyond what is necessary for the sound execution of the third party’s access request and for the security and the maintenance of the data infrastructure. Where identification is not legally required, users should be able to use products anonymously.
2022/11/14
Committee: ITRE
Amendment 625 #

2022/0047(COD)

Proposal for a regulation
Article 28 – paragraph 3
3. Operators ofwithin data spaces and data holders that meet 3. the harmonised standards or parts thereof published by reference in the Official Journal of the European Union shall be presumed to be in conformity with the essential requirements referred to in paragraph 1 of this Article, to the extent those standards cover those requirements.
2022/11/11
Committee: IMCO
Amendment 629 #

2022/0047(COD)

Proposal for a regulation
Article 29 – title
Interoperability and portability for data processing services
2022/11/11
Committee: IMCO
Amendment 630 #

2022/0047(COD)

Proposal for a regulation
Article 29 – paragraph 1 – introductory part
1. Open interoperability and portability specifications and European standards for the interoperability of data processing services shall:
2022/11/11
Committee: IMCO
Amendment 634 #

2022/0047(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point a
(a) be performance oriented towards achieving interoperability and portability between different data processing services that cover the same service type;
2022/11/11
Committee: IMCO
Amendment 636 #

2022/0047(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point b
(b) enhance interoperability and portability of digital assets between different data processing services that cover the same service type;
2022/11/11
Committee: IMCO
Amendment 643 #

2022/0047(COD)

Proposal for a regulation
Article 29 – paragraph 2 – introductory part
2. Open interoperability specifications and European standards for the interoperability and portability of data processing services shall address:
2022/11/11
Committee: IMCO
Amendment 647 #

2022/0047(COD)

Proposal for a regulation
Article 29 – paragraph 5
5. For the purposes of Article 26(3) of this Regulation, the Commission shall be empowered to adopt delegated acts, in accordance with Article 38, to publish the reference of open interoperability specifications and European standards for the interoperability and portability of data processing services in central Union standards repository for the interoperability and portability of data processing services, where these satisfy the criteria specified in paragraph 1 and 2 of this Article.
2022/11/11
Committee: IMCO
Amendment 652 #

2022/0047(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b
(b) use the data it receives for purposes of direct marketing or advertising, credit scoring, including for the profiling of natural persons within the meaning of Article 4(4) of Regulation (EU) 2016/679, unless it is necessary to provide the service requested by the user, and with the user’s explicit consent;
2022/11/14
Committee: ITRE
Amendment 665 #

2022/0047(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point d
(d) make the data available it receives to an undertaking manufacturing connected products or providing related services which has been determined to have a dominant position on the market pursuant to national or Union competition law and to an undertaking providing core platform services for which one or more of such services have been designated as a gatekeeper pursuant to Article […] of [Regulation on contestable and fair markets in the digital sector (Digital Markets Act)];
2022/11/14
Committee: ITRE
Amendment 680 #

2022/0047(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. The obligations pursuant to Articles 4, 5, and 6 of this Chapter shall not apply to data generated by the use of connected products manufactured ord related services provided by enterprises that qualify as micro or small enterprises, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, provided those enterprises do not have partner enterprises or linked enterprises as defined in Article 3 of the Annex to Recommendation 2003/361/EC which do not qualify as a micro or small enterprise.
2022/11/14
Committee: ITRE
Amendment 684 #

2022/0047(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Where this Regulation refers to products or related services, such reference shall also be understood to include virtual assistants, insofar as they are used to access or control a product or related serviceconnected product.
2022/11/14
Committee: ITRE
Amendment 695 #

2022/0047(COD)

6 a. Data holders and data recipients shall take all necessary legal, organisational and technical measures to ensure the cybersecurity of the data transfers and security and integrity of the data.
2022/11/14
Committee: ITRE
Amendment 703 #

2022/0047(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, provided those enterprises do not have partner enterprises or linked enterprises as defined in Article 3 of the Annex to Recommendation 2003/361/EC which do not qualify as a micro, small or medium enterprise, any compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. Article 8(3) shall apply accordingly.
2022/11/14
Committee: ITRE
Amendment 713 #

2022/0047(COD)

Proposal for a regulation
Article 9 – paragraph 4 a (new)
4 a. The Commission shall develop guidelines to determine what are the criteria for a reasonable compensation according to paragraph 1, set between data holders and data recipients.
2022/11/14
Committee: ITRE
Amendment 716 #

2022/0047(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. DUsers, data holders and data recipients shall have access to dispute settlement bodies, certified in accordance with paragraph 2 of this Article, to settle disputes in relation to the determination of fair, reasonable and non-discriminatory terms for and the transparent manner of making data available in accordance with Articles 8 and 9.
2022/11/14
Committee: ITRE
Amendment 722 #

2022/0047(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The data holder may apply appropriate technical protection measures, including smart contracts, to prevent unauthorised access to the data and to ensure compliance with Articles 5, 6, 9 and 10, as well as with the agreed contractual terms for making data available. Such technical protection measures shall not be used as a means to hinder the user’s right todiscriminate between data recipients or to hinder the user’s right to access data, retrieve the data or effectively provide data to third parties pursuant to Article 4 and 5 or any right of a third party under Union law or national legislation implementing Union law as referred to in Article 8(1).
2022/11/14
Committee: ITRE
Amendment 726 #

2022/0047(COD)

Proposal for a regulation
Article 11 – paragraph 1 a (new)
1 a. Where the data recipient has acted in violation of Article 6(2)(a) and 6(2)(b), users shall have the same rights as data holders under paragraph 2 of this Article. Paragraph 3 shall apply mutatis mutandis.
2022/11/14
Committee: ITRE
Amendment 728 #

2022/0047(COD)

Proposal for a regulation
Article 11 – paragraph 2 – introductory part
2. A data recipient that has, for the purposes of obtaining non-personal data, provided inaccurate or false information to the data holder, deployed deceptive or coercive means or abused evident gaps in the technical infrastructure of the data holder designed to protect the data, has used the data made available for unauthorised purposes or has disclosed those data to another party without the data holder’s authorisation, shall without undue delay, unless the data holder or the user instruct otherwise:
2022/11/14
Committee: ITRE
Amendment 743 #

2022/0047(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. A contractual term is unfair if it is of such a nature that its use grossly deviates from good commercial practice in data access and use, contrary to good faith and fair dealing and creates a significant imbalance between the rights and obligations of the parties to the contract.
2022/11/14
Committee: ITRE
Amendment 751 #

2022/0047(COD)

Proposal for a regulation
Article 13 – paragraph 8 a (new)
8 a. Within 12 months from the entry into force of this Regulation, the Commission shall by means of implementing acts further develop guidelines on the reasonable prices for the compensation for data sharing and measures to prevent and mitigate data market distortion practices provided in Chapters III and IV.
2022/11/14
Committee: ITRE
Amendment 771 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – introductory part
An exceptional need to use data within the meaning of this Chapter shall be limited in time and scope and deemed to exist in any ofonly in the following circumstances:
2022/11/14
Committee: ITRE
Amendment 777 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point a
(a) where the data requested is strictly necessary to respond to a public emergency;
2022/11/14
Committee: ITRE
Amendment 781 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point b
(b) where the data request is limited in time and scope andstrictly necessary to prevent a public emergency or to assist the recovery from a public emergency; and only if all of the following conditions are fulfilled:
2022/11/14
Committee: ITRE
Amendment 782 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point b – point i (new)
i) the public sector body or Union institution, agency or body has exhausted all other means to obtain such data, including by purchasing the data on the market at market rates or by relying on existing obligations to make data available, and the adoption of new legislative measures cannot ensure the timely availability of the data; or
2022/11/14
Committee: ITRE
Amendment 783 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point b – point ii (new)
ii) obtaining the data in line with the procedure laid down in this Chapter would substantively reduce the administrative burden for data holders or other enterprises.
2022/11/14
Committee: ITRE
Amendment 785 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point c
(c) where the lack of available data prevents the public sector body or Union institution, agency or body from fulfilling a specific task in the public interest that has been explicitly provided by law; and (1) the public sector body or Union institution, agency or body has been unable to obtain such data by alternative means, including by purchasing the data on the market at market rates or by relying on existing obligations to make data available, and the adoption of new legislative measures cannot ensure the timely availability of the data; or (2) obtaining the data in line with the procedure laid down in this Chapter would substantively reduce the administrative burden for data holders or other enterprises.deleted
2022/11/14
Committee: ITRE
Amendment 809 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 1 – introductory part
1. WherIn the requestings for data pursuant to Article 14(1), a public sector body or a Union institution, agency or body shall:
2022/11/14
Committee: ITRE
Amendment 813 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point b
(b) demonstrate the exceptional need for which the data are requested, laying down the circumstance justifying the request and demonstrating that all the conditions mentioned in Article 15 are met;
2022/11/14
Committee: ITRE
Amendment 817 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
(c a) justify the choice of data holder;
2022/11/14
Committee: ITRE
Amendment 818 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c b (new)
(c b) mention the other public sector bodies, Union institutions, agencies or bodies, including where applicable third parties to which the data obtained will be made available to;
2022/11/14
Committee: ITRE
Amendment 822 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point e
(e) specify tha reasonable deadline by which the data are to be made available or within which the data holder may request the public sector body, Union institution, agency or body to modify or withdraw the request.;
2022/11/14
Committee: ITRE
Amendment 827 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point e a (new)
(e a) specify the deadline within which the data holder may request the public sector body, Union institution, agency or body to modify or withdraw the request;
2022/11/14
Committee: ITRE
Amendment 831 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point e b (new)
(e b) where known at the moment of the request, specify for how long data will be stored and when data will be deleted.
2022/11/14
Committee: ITRE
Amendment 838 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point b
(b) be justified and proportionate to the exceptional need, in terms of the granularity and volume of the data requested and frequency of access of the data requested, and be limited to data necessary to carry out the task;
2022/11/14
Committee: ITRE
Amendment 840 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point b a (new)
(b a) mention the purpose of this processing;
2022/11/14
Committee: ITRE
Amendment 851 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point d a (new)
(d a) be sent to the competent authority referred to in paragraph 2a of this Article and Article 31;
2022/11/14
Committee: ITRE
Amendment 853 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 2 a (new)
2 a. A public sector body or a Union institution, agency or body requesting access to the data shall send the request to the competent authority referred to in Article 31. The competent authority shall coordinate the requests by: (a) analysing whether the request meets the requirements laid down in this Chapter; (b) determine whether a data holder has not received similar requests to make data available by more public sector bodies or Union institutions, agencies or bodies; (c) sending the requests to the data holder for the execution; (d) ensuring the online public availability of requests for access to data made by public sector bodies.
2022/11/14
Committee: ITRE
Amendment 855 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1
Paragraph 3 does not preclude aA public sector body or a Union institution, agency or body shall not be able to exchange data obtained pursuant to this Chapter with another public sector body, Union institution, agency or body from the Union, in view of completing the tasks in Article 15 or to make the data available to a third party in cases where it has outsourced, by means of a publicly available agreement, technical inspections or other functions to this third party. The obligations on, unless the public sector bodies, Union institutions, agencies or bodies or third parties have been included in the request in accordance with paragraph 1(cb). Where the public sector body or a Union institution, agency or body intends to transmit or make data available under this paragraph to a third party that was not included in the request, prior consent of the data holder shall be requested. The receiving public sector bodies, Union institutions, agencies or bodies pursuant toand third parties shall fulfill the obligations laid down in Article 19 apply.
2022/11/14
Committee: ITRE
Amendment 859 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 2
Where a public sector body or a Union institution, agency or body transmits or makes data available under this paragraph, it shall notify the data holder from whom the data was received.deleted
2022/11/14
Committee: ITRE
Amendment 866 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 4 a (new)
4 a. The third party shall not use the data it receives from a public sector body or a Union institution, agency or body to develop a product or a service that competes with the product or service from which the accessed data originate or share the data with another third party for that purpose.
2022/11/14
Committee: ITRE
Amendment 874 #

2022/0047(COD)

Proposal for a regulation
Article 18 – paragraph 2 – introductory part
2. Without prejudice to specific needs regarding the availability of data defined in sectoral legislation, the data holder may decline or seek the modification of the request, withiout undue delay, but no longer than 5 working days following the receipt of a request for the data necessary to respond to a public emergency and within 15 working days in other cases of exceptional need, on either of the following grounds:
2022/11/14
Committee: ITRE
Amendment 880 #

2022/0047(COD)

Proposal for a regulation
Article 18 – paragraph 2 – point b a (new)
(b a) a similar request for the same purpose has been previously submitted by another public sector body or Union institution, agency or body and the data holder has not been notified of the destruction of the data pursuant to Article 19(1)(c).
2022/11/14
Committee: ITRE
Amendment 881 #

2022/0047(COD)

Proposal for a regulation
Article 18 – paragraph 3
3. In case of a request for data necessary to respond to a public emergencyfor an exceptional need pursuant to Article 15, the data holder may also decline or seek modification of the request if the data holder already provided the requested data in response to previously submitted request for the same purpose by another public sector body or Union institution agency or body and the data holder has not been notified of the destruction of the data pursuant to Article 19(1), point (c).
2022/11/14
Committee: ITRE
Amendment 885 #

2022/0047(COD)

Proposal for a regulation
Article 18 – paragraph 5
5. Where compliance with the request to make data available to a public sector body or a Union institution, agency or body requires the disclosure of personal data, the data holder shall take reasonable efforts to pseudonymise the data, insofar as the request can be fulfilled with pseudall necessary measures to irreversibly anonymised the data.
2022/11/14
Committee: ITRE
Amendment 902 #

2022/0047(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point b a (new)
(b a) take all necessary legal, technical and organisational measures to ensure the integrity and security of the data received;
2022/11/14
Committee: ITRE
Amendment 904 #

2022/0047(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point c
(c) destroy the data as soon as, without undue delay, the data theyat are no longer necessary for the stated purpose and inform the data holder that the data have been destroyed.;
2022/11/14
Committee: ITRE
Amendment 907 #

2022/0047(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point c a (new)
(c a) notify the data holder, without undue delay, of any cybersecurity threat, vulnerability or incident that has compromised the security and integrity of the data that has been transferred to them, without prejudice to the reporting obligations under Regulation (EU) XXX/XXXX [EUIBA] and Directive (EU) XXX/XXXX [NIS2].
2022/11/14
Committee: ITRE
Amendment 914 #

2022/0047(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. Disclosure of trade secrets or alleged trade secrets to a public sector body or to a Union institution, agency or body shall only be required to the extent that it is strictly necessary to achieve the purpose of the request. In such a case, the public sector body or the Union institution, agency or body shall take appropriate the legal, technical and organisational measures needed to preserve the confidentiality of those trade secrets.
2022/11/14
Committee: ITRE
Amendment 925 #

2022/0047(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. Where tThe data holder claimsshall be entitled to reasonable compensation for making data available in compliance with a request made pursuant to Article 15, points (b) or (c), s. Such compensation shall not exceed the technical and organisational costs incurred to comply with the request including, where necessary, the costs of anonymisation and of technical adaptation, plus a fair and reasonable margin. Upon request of the public sector body or the Union institution, agency or body requesting the data, the data holder shall provide information on the basis for the calculation of the costs and the reasonable margin.
2022/11/14
Committee: ITRE
Amendment 933 #

2022/0047(COD)

Proposal for a regulation
Article 21 – title
21 Contribution of research organisations or statistical bodies in the context of exceptional needs
2022/11/14
Committee: ITRE
Amendment 941 #

2022/0047(COD)

Proposal for a regulation
Article 21 – paragraph 2
2. Individuals or organisations receiving the data pursuant to paragraph 1 shall act exclusively on a not-for-profit basis or in the context of a public-interest mission recognised in Union or Member State law. They shall not include organisations upon which commercial undertakings have a decisive influence or which could result in preferential access to the results of the research.
2022/11/14
Committee: ITRE
Amendment 943 #

2022/0047(COD)

Proposal for a regulation
Article 21 – paragraph 4
4. Where a public sector body or a Union institution, agency or body intends to transmits or makes data available under paragraph 1, it shall notify the data holder from whom the data was received. and provide all necessary information regarding the identity of the data recipient and the activities that will be carried out by the data recipient based on the data received pursuant to paragraph 1. Data holders shall have the right to object to the sharing of data by a public sector body or a Union institution, agency or body under paragraph 1, to the competent authority, when such data sharing does not meet the requirements of this Chapter.
2022/11/14
Committee: ITRE
Amendment 949 #

2022/0047(COD)

Proposal for a regulation
Article 22 – paragraph 4
4. After having been notifiedreceived the request in accordance with paragraph 3, the relevant competent authority shall advisend the requesting public sector body of the need, if any, to to the coomperate with public sector bodiestent authority of the Member State in which the data holder is established, with the aim of ensuring cooperation among authorities and reducing the administrative burden on the data holder in complying with the request. The requesting public sector body shall take the advice of the relevant competent authority into account.
2022/11/14
Committee: ITRE
Amendment 950 #

2022/0047(COD)

Proposal for a regulation
Article 22 – paragraph 3
3. Where a public sector body intends to request data from a data holder established in another Member State, it shall first notify and send the request to the competent authority of that Member State as referred to in Article 31, of that intention. This requirement shall also apply to requests by Union institutions, agencies and bodies.
2022/11/14
Committee: ITRE
Amendment 1005 #

2022/0047(COD)

Proposal for a regulation
Article 27 – paragraph 1
1. Providers of data processing services shall take all reasonablenecessary technical, legal and organisational measures, including contractual arrangements, in order to prevent international transfer or governmental access to non-personal data held in the Union where such transfer or access would create a conflict with Union law or the national law of the relevant Member State, without prejudice to paragraph 2 or 3.
2022/11/14
Committee: ITRE
Amendment 1092 #

2022/0047(COD)

Proposal for a regulation
Article 30 – paragraph 6
6. Where harmonised standards referred to in paragraph 4 of this Article do not exist or w, the Commission shall issue a standardisation request in accordance with Article 10 of Regulation 1025/2012. Where the Commission considers that the relevant harmonised standards are insufficient to ensure conformity with the essential requirements in paragraph 1 of this Article in a cross- border context, the Commission may, by way of implementing acts, adopt common specifications in respect of the essential requirements set out in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).
2022/11/14
Committee: ITRE
Amendment 1115 #

2022/0047(COD)

Proposal for a regulation
Article 31 – paragraph 3 – point g
(g) ensuring the online public availability of requests for access to data made by public sector bodies in the case of public emergencies undercoordinating requests made by public sector bodies to private sector to access data, according to Chapter V;.
2022/11/14
Committee: ITRE
Amendment 1128 #

2022/0047(COD)

Proposal for a regulation
Article 32 – paragraph 2
2. The competent authority with which the complaint has been lodged shall inform the complainant in accordance with national law of the progress of the proceedings and of the decision taken.
2022/11/14
Committee: ITRE
Amendment 1162 #

2022/0047(COD)

Proposal for a regulation
Article 42 – paragraph 2
It shall apply from [128 months after the date of entry into force of this Regulation].
2022/11/14
Committee: ITRE
Amendment 1163 #

2022/0047(COD)

Proposal for a regulation
Article 42 – paragraph 2 a (new)
The obligation resulting from Article 3(1) shall apply retroactively to connected products placed on the market within 5 years prior to the entry into force of this Regulation, only when the manufacturer or provider of related service is able to remotely deploy mechanisms to ensure the fulfilment of the requirements pursuant to Article 3(1) and only when the deployment of such mechanisms would not place a disproportionate burden on the manufacturer or provider of related services.
2022/11/14
Committee: ITRE
Amendment 40 #

2022/0033(NLE)

Proposal for a regulation
Recital 5 a (new)
(5 a) The Chips Joint Undertaking should provide opportunities for the increased availability of funds to support the growth of start-ups and SMEs as well as investment across the entire value chain and across the whole Union.
2022/11/21
Committee: ITRE
Amendment 43 #

2022/0033(NLE)

Proposal for a regulation
Recital 6
(6) The Initiative should be implemented through actions that should build upon the strong knowledge base acquired by the Key Digital Technologies Joint Undertaking. The Key Digital Technologies Joint Undertaking should be tasked with providing financial support, through any instrument or procedure provided for in Horizon Europe or the Digital Europe Programme, to actions funded under the Initiative. Furthermore, the Key Digital Technologies Joint Undertaking should be renamed to Chips Joint Undertaking. Throughout the lifetime of the Chips Joint Undertaking, at leastup to EUR 2.,875 billion should be dedicated to pilot lines, design infrastructures, competence centres, and other capacity building activitiesthe Chips for Europe Initiative, of which EUR 1,525 billion for capacity building activities for pilot lines, design infrastructures, competence centres, and quantum chips and EUR 1,35 billion for research and innovation activities related to these components. Furthermore, EUR 1,8 billion should be dedicated to research and innovation activities not covered under the Chips for Europe Initiative.
2022/11/21
Committee: ITRE
Amendment 50 #

2022/0033(NLE)

Proposal for a regulation
Recital 8
(8) The whole Governing Board should be involved in the preparation of the work programme, participate in the relevant discussions and receive the necessary information. When the Governing Board adopts the work programme, the voting rights for the part of the work programme related to capacity building should be limited to the Commission and Member States only. The voting rights for the part of the work programme related to R&I activities should be equally shared between the Commission, the Participating States, and the private members. In the event that a decision on one of the two parts of the work programme cannot be reached, the work programme should be adopted including only the part on which a positive decision has been reached.
2022/11/21
Committee: ITRE
Amendment 58 #

2022/0033(NLE)

Proposal for a regulation
Recital 13
(13) The Chips Joint Undertaking should facilitate cooperation between the Union and like-minded international actors by defining a cooperation strategy, including identifying and promoting areas for cooperation in research and development and skills development, and implementing actions where there is a mutual benefit, mainly based on reciprocity, taking into account the need for strengthening Union's open strategic autonomy and protecting intellectual property rights.
2022/11/21
Committee: ITRE
Amendment 85 #

2022/0033(NLE)

Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) 2021/2085
Article 128 – Paragraph 1 – point a
(a) up to EUR 2 63 150 000 000 from Horizon Europe; of which at least EUR 500 000 000 shall stem from decommited funds made available again under Article15(3) of the Financial Regulation.
2022/11/21
Committee: ITRE
Amendment 65 #

2022/0032(COD)

Proposal for a regulation
Recital 3
(3) This framework pursues two objectives. The first objective is to ensure the conditions necessary for the competitiveness and innovation capacity of the Union and to ensure the adjustment of the industry to structural changes due to fast innovation cycles and the need for sustainability. The second objective, separate and complementary to the first one, is to improve the functioning of the internal market by laying down a uniform Union legal framework for increasing the Union’s resilience and security of supply in the field of semiconductor technologies.
2022/09/19
Committee: IMCO
Amendment 70 #

2022/0032(COD)

Proposal for a regulation
Recital 5
(5) The use of semiconductors is critical for multiple economic sectors and societal functions in the Union and therefore, a resilient supply is essential for the functioning and improvement of the internal market. Given the wide circulation of semiconductor products across borders, the resilience and security of supply of semiconductors can be best addressed through Union harmonising legislation based on Article 114 of the Treaty. With a view to enabling coordinated measures for building resilience, harmonised rules for facilitating the implementation of specific projects that contribute to the security of supply of semiconductors in the Union are necessary. The proposed monitoring and crisis response mechanism should be uniform to enable a coordinated approach to crisis preparedness for the cross-border semiconductor value chain without distorting the internal market level playing field.
2022/09/19
Committee: IMCO
Amendment 76 #

2022/0032(COD)

Proposal for a regulation
Recital 27
(27) The internal market would greatly benefit from common standards for green, trusted and secure chips. Future smart devices, systems and connectivity platforms will have to rely on advanced semiconductor components and they will have to meet green, trust and cybersecurity requirements which will largely depend on the features of the underlying technology. To that end, the Union should develop reference certification procedures and require the industry to jointly develop such procedures for specific sectors and technologies with potential high social impact.
2022/09/19
Committee: IMCO
Amendment 80 #

2022/0032(COD)

Proposal for a regulation
Recital 28
(28) In light of this, the Commission, in consultation with the European Semiconductor Board, should identify the relevant sectors and products to prepare the ground for a certification of green, trusted and secure chips and embedded systems that rely on or make extensive use of semiconductor technologies. In particular, they should discuss and identify the relevant sectors and products in need of such certification.
2022/09/19
Committee: IMCO
Amendment 88 #

2022/0032(COD)

Proposal for a regulation
Recital 30
(30) Due to the complex, quickly evolving, vulnerable and interlinked semiconductor value chains with various actors, a coordinated approach to regular monitoring is necessary to increase the ability to mitigate risks that may negatively affect the supply of semiconductors. Member States should monitor the semiconductor value chain, without exposing the undertakers to excessive administrative burden. Member States should focusing on early warning indicators and the availability and integrity of the services and goods provided by key market actors, in such a way that it would not represent an excessive administrative burden for undertakings.
2022/09/19
Committee: IMCO
Amendment 105 #

2022/0032(COD)

Proposal for a regulation
Recital 40
(40) As part of the monitoring, Member States could specifically consider the availability and integrity of the services and goods of key markets actors. Such issues could be brought to the attention of the European Semiconductor Board by the Member State concerned.
2022/09/19
Committee: IMCO
Amendment 106 #

2022/0032(COD)

Proposal for a regulation
Recital 42
(42) The semiconductor crisis stage should be triggered in the presence of concrete, serious, and reliable evidence of such a crisis. A semiconductor crisis occurs in case of serious disruptions to the supply of semiconductors leading to significant shortages which entail significant delays and negative effects on one or more important economic sectors in the Union, either directly or through ripple effects of the shortage, preventing the functioning of the critical industrial sectors and thereby affecting important economic sectors, given that the Union’s industrial sectores represent a strong user base of semiconductors. Alternatively or in addition, a semiconductor crisis also occurs when serious disruptions of the supply of semiconductors lead to significant shortages which prevent the supply, repair and maintenance of essential products used by critical sectors, for instance medical and diagnostic equipment.
2022/09/19
Committee: IMCO
Amendment 122 #

2022/0032(COD)

Proposal for a regulation
Recital 1
(1) Semiconductors are at the core of any digital device: from smartphones and cars, through critical applications and infrastructures in health, energy, communications and automation to most other industry sectors. While semiconductors are essential to the functioning of our modern economy and society, the Union has witnessed unprecedented disruptions in their supply. The current supply shortage is a symptom of permanent and serious structural deficiencies in the Union’s semiconductor value and supply chainresult of panic purchasing, coupled with last- minute order changes or cancellations, supplier shutdowns in Asia, and political instability in parts of the world. The disruptions have exposed long-lasting vulnerabilities in this respect, notably a strong third-country dependency in manufacturing and design of chips.
2022/10/19
Committee: ITRE
Amendment 131 #

2022/0032(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
(17 a) ‘semiconductor crisis’ means a serious semiconductor supply chain disruptions at any link of the semiconductor value chain preventing the functioning of critical sectors;
2022/09/19
Committee: IMCO
Amendment 132 #

2022/0032(COD)

Proposal for a regulation
Chapter IV – Section 1 – title
1 Monitoring and enhanced transparency
2022/09/19
Committee: IMCO
Amendment 144 #

2022/0032(COD)

Proposal for a regulation
Recital 4
(4) It is necessary to take measures to build capacity and strengthen the Union’s semiconductor sector in line with Article 173(3) of the Treaty. These measures do not entail the harmonisation of national laws and regulations. In this regard, the Union should reinforce the competitiveness and resilience of the semiconductor technological and industrial base, whilst strengthening the innovation capacity of its semiconductor sector, reducing dependence on a limited number of third country companies and geographies, and strengthening its capacity to design and produce advanced componentnext generation semiconductor technologies. The Chips for Europe Initiative (the ‘Initiative’) should support these aims by bridging the gap between Europe’s advanced research and innovation capabilities and their sustainable industrial exploitation. It should promote capacity building to enable design, production, equipment, packaging, testing and systems integration in next generation semiconductor technologies, enhance collaboration among key players across the Union, strengthening Europe's semiconductor supply and value chains, serving key industrial sectors and creating new markets.
2022/10/19
Committee: ITRE
Amendment 152 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. National competent authorities designated pursuant to Article 26(1) may request information from representative organisations of undertakings or individual undertakings operating along the semiconductor supply chain where necessary and proportionate for the purpose of paragraph 1. Requests that confidential data shall be kept to the minimum necessary and shall be appropriately motivated. National competent authorities in such case wishall pay particular attention to SMEs to minimise administrative burden resulting from the request and will privilege digital solutions for obtaining such information. Any information obtained pursuant to this paragraph shall be treated in compliance with the confidentiality obligations set out in Article 27.
2022/09/19
Committee: IMCO
Amendment 154 #

2022/0032(COD)

Proposal for a regulation
Recital 6
(6) The achievement of these objectives will be supported by a governance mechanism. At Union level, this Regulation establishes a European Semiconductor Board, composed of representatives of the Member States, industry and research organisations representing the semiconductor value chain, and chaired by the Commission. The European Semiconductor Board will provide advice to and assist the Commission on specific questions, including the consistent application of this Regulation, facilitating cooperation among Member States and exchanging information on issues relating to this Regulation. The European Semiconductor Board should hold separate meetings for its tasks under the different chapters of this Regulation. The different meetings may include different compositions of the high- level representatives and the Commission may establish subgroups.
2022/10/19
Committee: ITRE
Amendment 160 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 5 – point a – introductory part
(a) convene an extraordinary meeting of the European Semiconductor Board, including relevant stakeholders in the semiconductor supply chain, to coordinate the following actions:
2022/09/19
Committee: IMCO
Amendment 161 #

2022/0032(COD)

Proposal for a regulation
Recital 7 a (new)
(7 a) The Commission, on behalf of the Union, should pursue cooperation with strategic partners such as the United States, Japan, South Korea and Taiwan and other like-minded partners, with a view to strengthening the semiconductor supply chain and addressing future supply chain disruptions through a 'Chips Diplomacy Initiative'. To this end, Commission should promote international cooperation with strategic partners through future investment and trade agreements, the EU-US and EU-India Trade and Technology Councils, as well as relevant international fora, where the strengthening of the semiconductor supply chain and addressing future supply chain disruptions should be a key priority. In addition, where necessary, the Commission should enter into a dialogue, consultations or cooperation framework with relevant third countries with a view to seeking solutions to address supply chain disruptions or third country decisions that could cause such disruptions, such as those related to extraterritorial export restrictions, in line with international obligations. This could involve coordination in relevant international fora or other diplomatic measures, while ensuring robust engagement with the stakeholder community.
2022/10/19
Committee: ITRE
Amendment 165 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 5 – point b
(b) enter into consultations or cooperation, on behalf of the Union, with relevant third countries with a view to seeking cooperative solutions to address supply chain disruptions, in compliance with international obligations. This mayshall involve, where appropriate, coordination in relevant international fora.
2022/09/19
Committee: IMCO
Amendment 168 #

2022/0032(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. The Commission shall, after consulting the European Semiconductor Board and representative organisations of undertakings operating along the semiconductor supply chain, assess risks that may disrupt, compromise or negatively affect the supply of semiconductors (Union risk assessment). In the Union risk assessment, the Commission shall identify early warning indicators.
2022/09/19
Committee: IMCO
Amendment 173 #

2022/0032(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. The Commission shall review the Union risk assessment including the early warning indicators as necessary. , following consultations with representative organisations of undertakings operating along the semiconductor supply chain.
2022/09/19
Committee: IMCO
Amendment 184 #

2022/0032(COD)

Proposal for a regulation
Article 18 – title
Activation of thea crisis stage
2022/09/19
Committee: IMCO
Amendment 186 #

2022/0032(COD)

Proposal for a regulation
Article 18 – paragraph 3
3. Before the expiry of the duration for which the crisis stage was activated, the Commission shall, after consulting the European Semiconductor Board and relevant stakeholders in the semiconductor supply chain, assess whether the activation of the crisis stage should be prolonged. Where the assessment concludes that a prolongation is appropriate, the Commission may prolong the activation by means of implementing acts. The duration of the prolongation shall be specified in the implementing acts adopted in accordance with Article 33(2). The Commission may repeatedly decide to prolong the activation of the crisis stage where this is appropriate.
2022/09/19
Committee: IMCO
Amendment 189 #

2022/0032(COD)

Proposal for a regulation
Article 18 – paragraph 4
4. During the crisis stage, the Commission shall, upon request from a Member State or on its own initiative, convene extraordinary meetings of the European Semiconductor Board as necessary, including stakeholders in the semiconductor supply chain. Member States shall work closely with the Commission and coordinate any national measures taken with regard to the semiconductor supply chain within the European Semiconductor Board.
2022/09/19
Committee: IMCO
Amendment 197 #

2022/0032(COD)

Proposal for a regulation
Article 19 – title
ECrisis emergency toolbox
2022/09/19
Committee: IMCO
Amendment 199 #

2022/0032(COD)

Proposal for a regulation
Recital 19
(19) Integrated Production Facilities and Open EU Foundries should provide semiconductor manufacturing capabilities, or manufacturing capabilities in material and/or equipment exclusively used in semiconductor manufacturing that are “first-of-a-kind” in the Union and contribute to the security of supply and to a resilientce of the semiconductor ecosystem in the internal market. The qualifying factor for the production of a first-of-a- kind facility could be with regard to theis to bring an innovative element to the internal market regarding the manufacturing processes or the final product. Relevant innovation elements could be the use of a new technology node, or substrate material, such as silicon carbide, indium, phosphide and gallium nitride, and other product innovation that can offer better performance, process technology or energy and environmental performance. A facility of a comparable capability on an industrial scaleor approaches that lead to performance improvements in computing power, energy efficiency, level of security, safety or reliability, as well as integration of new functionalities, such as AI, memory capacity or other.Integration of different processes leading to efficiency gains or packaging and assembly automation are also examples of innovation. With regard to environmental gains, innovation elements include the reduction in a quantifiable way of the amount of energy, water, chemicals or gasses used, or increasing recyclability of materials. Such innovation should not yet substantively be present or committed to be built within the Union, so that similar innovation provided by excluding facilities for research and development or small- scale production sites. would not crowd outqualifying as “first-of-a-kind”.
2022/10/19
Committee: ITRE
Amendment 200 #

2022/0032(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. Where thea semiconductor crisis stage is activated and where appropriate in order to address the semiconductor crisis in the Union, the Commission shall take the measure provided for in Article 20 under the conditions laid down therein. In addition, the Commission may take the measures provided for in Article 21 or Article 22, or both, under the conditions laid down therein.
2022/09/19
Committee: IMCO
Amendment 201 #

2022/0032(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. The Commission may, after consulting the European Semiconductor Board and with representative organisations of undertakings operating along the semiconductor supply chain, limit the measures provided for in Articles 21 and 22 to certain critical sectors the operation of which is disturbed or under threat of disturbance on account of the semiconductor crisis.
2022/09/19
Committee: IMCO
Amendment 206 #

2022/0032(COD)

Proposal for a regulation
Recital 20
(20) Where an Open EU Foundry offers production capacity to undertakings not related to the operator of the facility, the Open EU Foundry should establish, implement and maintain adequate and effective functional separation in order to prevent the exchange of confidential information between internal and external production. This should apply to any information gained in the design and in the front-end or back-end manufacturing processes including trade secrets or content protected by intellectual property rights.
2022/10/19
Committee: ITRE
Amendment 207 #

2022/0032(COD)

Proposal for a regulation
Recital 21
(21) In order to qualify as Integrated Production Facilities or Open EU Foundries, the establishment and operation of the facility should have a clear positive impact on the semiconductor value chain in the Union, in particular with regard to providing a resilient supply of semiconductors to users on the internal market. The impact on several Member States, including cohesion objectives, should be considered as one of the indicators of a clear positive impact of an Integrated Production Facility and Open EU Foundry on the semiconductor value chain in the Union. The operator of the Open EU Foundry should retain the right to decide at its own discretion the specific share of capacity dedicated to serve unrelated undertakings. Such business decisions should remain open to changes by the operator, subject to evolving market dynamics.
2022/10/19
Committee: ITRE
Amendment 214 #

2022/0032(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. The Commission may, upon the request of two or more Member States, establish a mandate to act as a central purchasing body on behalf of the participating Member States (‘participating Member States’) for their public procurement of crisis-relevant products for certain critical sectors (‘common purchasing’). The Commission should only exercise this power in relation to a semiconductor crisis and upon the request of the Member States concerned.
2022/09/19
Committee: IMCO
Amendment 217 #

2022/0032(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. The Commission shall, in consultation with the European Semiconductor Board, assess the utility, necessity and proportionality of the request in order to address supply disruptions of semiconductors during a crisis. The Commission shall inform the Member States concerned and the European Semiconductor Board about the reasons for refusing to follow a request no later than 7 days from receipt of notification. Where the Commission intends not to follow the request, it shall inform the Member States concerned and the European Semiconductor Board and give reasons for its refusal.
2022/09/19
Committee: IMCO
Amendment 220 #

2022/0032(COD)

Proposal for a regulation
Recital 24
(24) To allow for a uniform and transparent procedure to attain recognition as an Integrated Production Facility and Open EU Foundry, the recognition decision should be adopted by the Commission following the application by an individual undertaking or a consortium of several undertakings. The recognition is open for both the installation of a new semiconductor manufacturing facility and the significant scale up of an existing semiconductor manufacturing facility. To account for the importance of a coordinated and cooperated implementation of the planned facility, the Commission should take into account in its assessment the readiness of the Member State or Member States where the applicant intends to establish its facilities to support the set-up. Furthermore, when assessing the viability of the business plan, the Commission cshould take into account the overall record of the applicant. In light of the privileges attached to recognition as an Integrated Production Facility or Open EU Foundry, the Commission should monitor whether facilities that have been granted this status continue to comply with the criteria set out in this Regulation.
2022/10/19
Committee: ITRE
Amendment 237 #

2022/0032(COD)

Proposal for a regulation
Recital 29
(29) In light of the structural deficienciescomplexity of the semiconductor supply chain and the resulting risks of future shortages, this Regulation provides instruments for a coordinated approach to monitoring and effectively tackling possible market disruptions.
2022/10/19
Committee: ITRE
Amendment 240 #

2022/0032(COD)

Proposal for a regulation
Recital 30
(30) Due to the complex, quickly evolving and interlinked semiconductor value chains with various actors, a coordinated approach to regular monitoring is necessary to increase the understanding of the value chain as well as the ability to mitigate risks that may negatively affect the supply of semiconductors. Member States and the Commission should monitor the semiconductor value chain focusing on early warning indicators and the availability and integrity of the services and goods provided by key market actors, in such a way that it would not represent an excessive administrative burden for undertakings.
2022/10/19
Committee: ITRE
Amendment 244 #

2022/0032(COD)

Proposal for a regulation
Recital 31
(31) Any relevant findings, including information provided by relevant stakeholders and industry associationsFindings that are relevant for the purpose of mitigating risks and/or signalling disruptions in the supply chain, should be provided to the European Semiconductor Board to allow for a regular exchange of information between high- level representatives of Member States and for integration of the information into a monitoring overview of the semiconductor value chains.
2022/10/19
Committee: ITRE
Amendment 246 #

2022/0032(COD)

Proposal for a regulation
Recital 32
(32) It is important to take into account the specific insights into the supply situation of users of semiconductors. Therefore, Member States should identify and regularly exchange with the main user categories on their national markets. Furthermore, Member States shcould offer the possibility for relevant stakeholder organisations, including industry associations and representatives of the main user categories, to provide information regarding significant changes in demand and supply, and known disruptions of their supply chain, this could include the unavailability of critical semiconductors or raw materials, longer than average lead-time, delays in delivery and exceptional price surges.
2022/10/19
Committee: ITRE
Amendment 256 #

2022/0032(COD)

Proposal for a regulation
Recital 35
(35) As part of the monitoring, national competent authoritiesthe Semiconductor Board should also do a long-term mapping of undertakings operating in the Union along the semiconductor supply chain established in their national territory and notify this information to the Commissionthe dynamics in, as well as the strengths and weaknesses of the semiconductor value chain, including a holistic understanding of the market, the barriers to entry and technology characteristics. Once complete, the mapping could be updated and revised every six months if necessary.
2022/10/19
Committee: ITRE
Amendment 262 #

2022/0032(COD)

Proposal for a regulation
Recital 36
(36) In order to facilitate effective monitoring, in-depth assessment of the risks associated with different stages of the semiconductor value chain is needed, including on the origins and sources of supplies beyond the Union. Such risks may be related to critical inputs and equipment for the industry, including digital products that may be vulnerable, possible impact of counterfeit semiconductors, manufacturing capacities and other risks that may disrupt, compromise or negatively affect the supply chain, including availability in the Union of parasitic copies, slavish imitations or otherwise infringing semiconductors produced by exploiting unauthorized access of trade secrets or copyrighted works embedded in original semiconductors, after circumventing any applied technological protective measures. Those risks could also include supply chains with a single point of failure or which are otherwise highly concentrated. Other relevant factors could include the availability of substitutes or alternative sources for critical inputs and resilient and sustainable transport. The Commission should, assisted by the European Semiconductor Board and taking also into account information received from the main user categories, develop a Union level risk assessment. Moreover, appropriate measures, procedures and remedies must be provided to ensure the availability of civil redress against the unauthorized acquisition or use of trade secrets or copyrighted works embedded in semiconductors.
2022/10/19
Committee: ITRE
Amendment 269 #

2022/0032(COD)

Proposal for a regulation
Recital 37 a (new)
(37 a) In order to increase the Union’s global role in the semiconductor ecosystem and its value chain, due consideration must be paid to the demand for the underlying critical raw materials and gasses. Member States and the Commission should ensure that the Union does not create a new dependency, but rather a sustainable supply chain for critical raw materials and gasses that is prioritized and in line with the Statement on Critical Raw Materials Act.
2022/10/19
Committee: ITRE
Amendment 277 #

2022/0032(COD)

Proposal for a regulation
Recital 43
(43) In order to ensure an agile and effective response to such a semiconductor crisis, the Commission should be empowered to activate the crisis stage by means of an implementing acts and for a predetermined duration period, taking into account the opinion of the European Semiconductor Board. The Commission should assess the need for prolongation and prolong the duration of the crisis stage for a predetermined period, should such a necessity be ascertained, taking into account the opinion of the European Semiconductor Board. It should also assess the need to terminate early the crisis stage, should such a necessity be ascertained, and taking into account the opinion of the European Semiconductor Board.
2022/10/19
Committee: ITRE
Amendment 285 #

2022/0032(COD)

Proposal for a regulation
Recital 44
(44) Close cooperation between the Commission and the, Member States and industry stakeholders and coordination of any national measures taken with regard to the semiconductor supply chain is indispensable during the crisis stage with a view to addressing disruptions with the necessary coherence, resiliency and effectiveness. To this end, the European Semiconductor Board should hold extraordinary meetings as necessary. Any measures taken should be strictly limited to the duration period of the crisis stage.
2022/10/19
Committee: ITRE
Amendment 287 #

2022/0032(COD)

Proposal for a regulation
Recital 45
(45) Appropriate, effective and proportionate measures should be identified and implemented when the crisis stage is activated without prejudice to possible continued international engagement with relevant partners with the view to mitigating the evolving crisis situation. Where appropriate, the Commission should request information from undertakings along the semiconductor supply chain. Furthermore, the Commission should be able to, where necessary and proportionate, oblige Integrated Production Facilities and Open EU Foundries to accept and prioritise an order of the production of crisis-relevant products, and to act as a central purchasing body when mandated by Member States. The Commission cshould limit the measures to certain critical sectorthe critical sectors listed in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities and the defence sector. This priority order mechanism should be considered a last resort measure. The beneficiary of such a priority order has a due-diligence obligation and should be able to show that it has exhausted all other preventative mitigation measures, such as finding alternative suppliers or creating stockpiles. In addition, the European Semiconductor Board may advise on the necessity of introducing an export control regime pursuant to Regulation (EU) 2015/479 of the European Parliament and of the Council60 . The European Semiconductor Board may also assess and advise on further appropriate and effective measures. The use of all these emergency measures should be proportionate and restricted to what is necessary to address the significant disturbances at stake insofar as this is in the best interest of the Union. The Commission should regularly inform the European Parliament and the Council of the measures taken and the underlying reasons. The Commission may, after consulting with the Board, issue further guidance on the implementation and use of the emergency measures. _________________ 60 Regulation (EU) 2015/479 of the European Parliament and of the Council of 11 March 2015 on common rules for exports (OJ L 83, 27.3.2015, p. 34).
2022/10/19
Committee: ITRE
Amendment 294 #

2022/0032(COD)

Proposal for a regulation
Recital 46
(46) A number of sectors are critical for the proper functioning of the internal market. Those critical sectors are the sectors listed in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities61 . For the purposes of this Regulation, defence and other activities that are relevant for public safety and security should be additionally considered as a critical sector. Certain measures should only be enacted fur the purpose of securing supply to critical sectors in a crisis stage. The Commission mayshould limit the emergency measures to certain of these sectors or to certain parts of them when the semiconductor crisis has disturbed or is threatening to disturb their operation. _________________ 61 COM(2020) 829. 16.12.2020.
2022/10/19
Committee: ITRE
Amendment 327 #

2022/0032(COD)

Proposal for a regulation
Recital 59
(59) In order to ensure trustful and constructive cooperation of competent authorities at Union and national level, all parties involved in the application of this Regulation should respect the confidentiality of information and data, including trade secrets or content protected by intellectual property rights, obtained in carrying out their tasks. The Commission and the national competent authorities, their officials, servants and other persons working under the supervision of these authorities as well as officials and civil servants of other authorities of the Member States should not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of professional secrecy. This should also apply to the European Semiconductor Board and the Semiconductor Committee established in this Regulation. Where appropriate, the Commission should be able to adopt implementing acts to specify the practical arrangements for the treatment of confidential information, including trade secrets or content protected by intellectual property rights, in the context of information gathering.
2022/10/19
Committee: ITRE
Amendment 328 #

2022/0032(COD)

Proposal for a regulation
Recital 59 a (new)
(59 a) Innovative businesses are increasingly exposed to unlawful or anticompetitive practices aimed at misappropriating intellectual property and trade secrets, such as theft, unauthorised copying, industrial espionage or the breach of confidentiality requirements from outside the Union, particularly in high-technology fields like the semiconductor sector. Intellectual property theft or the unlawful use of trade secrets in the semiconductor sector could compromise the objectives of the Chips Act by inhibiting the ability of private holders of intellectual property to obtain legitimate first-mover returns from their innovation-related efforts and thus diminish incentives for private investment. In the absence of the effective enforcement of the existing rules for the protection of intellectual property in third countries, incentives to engage in innovation-related activity beyond the borders of the internal market could therefore be undermined. This Regulation should therefore ensure the effective enforcement of intellectual property law in the semiconductor sector, in full respect of Directives (EU) 2016/9431a and 2004/48/EC1b of the European Parliament and of the Council. Further more, it introduces stricter terms for beneficiaries for engaging in significant transactions in third countries with an intellectual property theft programme directed at the Union of a Member State.
2022/10/19
Committee: ITRE
Amendment 331 #

2022/0032(COD)

Proposal for a regulation
Recital 62
(62) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the selection of ECICs and as regards the procedure for establishing and defining the tasks of competence centres and the procedure for establishing the network, so that the objectives of the Initiative are achieved. Furthermore, implementing powers should be conferred on the Commission as regards activating the crisis stage in a semiconductor crisis, to allow a rapid and coordinated response, and for specifying the practical arrangements for the treatment of confidential information, including trade secrets or content protected by intellectual property right. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council64 of the European Parliament and of the Council. _________________ 64 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).
2022/10/19
Committee: ITRE
Amendment 343 #

2022/0032(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 4
(4) ‘semiconductor supply chain’ means the system of activities, organisations, actors, technology, information, resources and services involved in the production of semiconductors, including raw materials and gases, manufacturing equipment, design, fabrication, assembly, testing an, packaging and advanced packaging;
2022/10/19
Committee: ITRE
Amendment 355 #

2022/0032(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10
(10) ‘first-of-a-kind facility’ means an industrial facility capable of semiconductor manufacturing, including front-end or back-end, or both, or capable of manufacturing materials or equipment exclusively used in semiconductor manufacturing, that is not substantively already present or committed to be built within the Union, for instance with regard to the technology node, substrate material, such as silicon carbide, indium phosphide and gallium nitride, and other product innovation that can offer better performance, process innovation or energy and environmental performance;
2022/10/19
Committee: ITRE
Amendment 367 #

2022/0032(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 15
(15) ‘key market actors’ means undertakings in the Union semiconductor sectorvalue chain, the reliable functioning of which is essential for the semiconductor supply chain;
2022/10/19
Committee: ITRE
Amendment 373 #

2022/0032(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 16
(16) ‘critical sector’ means any sector referred to in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities, and the defence sector and other activities that are relevant for public safety and security;.
2022/10/19
Committee: ITRE
Amendment 380 #

2022/0032(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
(16 a) ‘crisis’ means a serious and unforeseen event which has a severe impact on the Union and substantially endangers or restricts the security, safety and the public health and alters the normal functioning of society and of the economy, and requires exceptional last- resort measures in order to supply the population with critical necessities;
2022/10/19
Committee: ITRE
Amendment 382 #

2022/0032(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 17
(17) ‘crisis-relevant product’ means semiconductors, intermediate products and, critical raw materials and gases required to produce semiconductors or intermediate products, that are materially affected by the semiconductor crisis or of strategic importance to remedy the semiconductor crisis or economic effects thereof;
2022/10/19
Committee: ITRE
Amendment 394 #

2022/0032(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. The general objective of the Initiative is to support large-scale technological capacity building and innovation throughout the Union’s semiconductor value chain and to enable development and deployment of cutting- edge and next generation semiconductor and quantum technologies that will reinforce the Union advanced design, systems integration and chips production and packaging capabilities, as we. It shall aslso contribute to the achievement of the twin digital and green transition, improving the sustainability, reducing the environmental impact of next generation chips and strengthening the circular economy processes, and address security needs by enabling secure and resilient designs that defend against cybersecurity threats.
2022/10/19
Committee: ITRE
Amendment 405 #

2022/0032(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point a – point 2
(2) upgrading the design capacity with ongoing innovative developments, such as reprogrammable chips based on Field Programmable Gate Arrays (FPGAs), new 3D and heterogenous system architectures, processor architectures based on the open- source Reduced Instruction Set Computer Architectures (e.g. RISC-V) and architectures that are built by “security by design” and including a commercialisation roadmap to ensure that any elements subject to intellectual property rights are ready to meet production quality standards;
2022/10/19
Committee: ITRE
Amendment 410 #

2022/0032(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point b – point 1
(1) strengthening technological capabilities in next generation chips production technologies, by integrating research and innovation activities and preparing the development of future technology nodes, including leading-edge nodes below two nanometres, Fully Depleted Silicon on Insulator (FD-SOI) at 10 nanometres and below, and 3D heterogeneous systems integration and advanced packaging and assembly;
2022/10/19
Committee: ITRE
Amendment 415 #

2022/0032(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point b – point 2
(2) supporting large scale innovation through access to new or existing pilot lines for experimentation, test, and validation of new design concepts integrating key functionalities, such as novel materials and architectures for power electronics fostering sustainable energy and electro mobility, lower energy consumption, security, higher levels of computing performance or integrating breakthrough technologies such as neuromorphic and embedded artificial intelligence (AI) chips, integrated photonics, graphene and other 2D material based technologies and integration of electronics, photonics and microfluidics in heterogenous systems;
2022/10/19
Committee: ITRE
Amendment 434 #

2022/0032(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point e – point 3
(3) accelerating investment in the field of semiconductor manufacturing technologies and chip design and to leveraging funding from both the public and the private sectors, while increasing the security of supply and intellectual property protection for the whole semiconductor value chain.
2022/10/19
Committee: ITRE
Amendment 478 #

2022/0032(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. Member States shall designate candidate competence centres in accordance with its national procedures, administrative and institutional structures through an open and competitive process. The Commission shall, by means of implementingdelegated acts, set the procedure for establishing competence centres, including selection criteria, and further tasks and functions of the centres with respect to the implementation of the actions under the Initiative, the procedure for establishing the network as well to adopt decisions on the selection of entities forming the network. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 33(2).
2022/10/19
Committee: ITRE
Amendment 479 #

2022/0032(COD)

Proposal for a regulation
Article 8 – paragraph 4
4. The network shall have substantial overall autonomy to lay down its organisation, composition and working methods. However, the organisation, composition and working methods of the network shall represent the Union’s semiconductor valuechain, and be in accordance with and contribute to the aims and objectives of this Regulation and the Initiative.
2022/10/19
Committee: ITRE
Amendment 484 #

2022/0032(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Integrated Production Facilities are first-of-a-kind semiconductor design, or capable of manufacturing materials or equipment exclusively used in semiconductor manufacturing and manufacturing facilities, including front- end or back-end, or both, in the Union that contribute to the security of supply for the internal market.
2022/10/19
Committee: ITRE
Amendment 495 #

2022/0032(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point b
(b) its establishment and operation have a clear positive impact on the Union’s semiconductor value chain with regard to ensuring the security of supply and increasing qualified workforce and contributing to the Union’s green transition;
2022/10/19
Committee: ITRE
Amendment 527 #

2022/0032(COD)

Proposal for a regulation
Article 11 – paragraph 2 – point b
(b) its establishment and operation have a clear positive impact on the Union’s semiconductor value chain with regard to ensuring the security of supply and, increasing the qualified workforce and contributing to the Union’s green transition, taking into account in particular the extent to which it offers front-end or back-end, or both, production capacity to undertakings not related to the facility, if there is sufficient demand;
2022/10/19
Committee: ITRE
Amendment 542 #

2022/0032(COD)

Proposal for a regulation
Article 11 – paragraph 3 a (new)
3 a. The operator of the Open EU Foundry should be able to flexibly adjust the share of capacity dedicated to serve unrelated undertakings, as opposed to that dedicated to its own semiconductor manufacturing purposes.
2022/10/19
Committee: ITRE
Amendment 570 #

2022/0032(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. In order to reach security of supply in the Union, Member States may, without prejudice to Articles 107 and 108 of the Treaty, apply support schemes and provide for administrative support to Integrated Production Facilities and Open EU Foundries in accordance with Article 14. The Commission shall commit to assess in a timely manner the intended state aid support schemes for first-of-a-kind semiconductor facilities pursuant to Article 107 (3) (c) TFEU.
2022/10/19
Committee: ITRE
Amendment 596 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – introductory part
The Commission, in cooperation with Member States shall carry out regular monitoring of the semiconductor value chain. In particular, they shall:
2022/10/19
Committee: ITRE
Amendment 606 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Member StatesThey shall provide relevant findings to the European Semiconductor Board in the form of regular updates.
2022/10/19
Committee: ITRE
Amendment 608 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. The Commission, in cooperation with Member States shall invite the main users of semiconductors and other relevant stakeholders to provide information regarding significant fluctuations in demand and known disruptions of their supply chain. To facilitate the exchange of information, Member States shall provide for a mechanism and administrative set-up for these updates.
2022/10/19
Committee: ITRE
Amendment 613 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. The Commission, in cooperation with National competent authorities designated pursuant to Article 26(1) may request information from representative organisations of undertakings or individual undertakings operating along the semiconductor supply chain where necessary and proportionate for the purpose of paragraph 1. National competent authorities in such case will pay particular attention to SMEsThey will provide for standardised and secure means for the information collection and processing for the purpose of paragraph 1, with due regard to minimiszing the administrative burden resulting from the request, in particular for SMEs, and will privilege digital solutions for obtaining such information. Any information obtained pursuant to this paragraph shall be treated in compliance with the confidentiality obligations set out in Article 27.
2022/10/19
Committee: ITRE
Amendment 620 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 5 – point a – point 1 a (new)
(1 a) coordinating with stakeholders of the semiconductor value chain with a view of identifying, preparing and operationalising preventative measures to mitigate shortages and choke points that would prevent escalation towards a crisisstage;
2022/10/19
Committee: ITRE
Amendment 621 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 5 – point b
(b) enter into consultations or cooperation, on behalf of the Union, with relevant third countries with a view to seeking cooperative solutions to address supply chain disruptions or third country decisions, such as those related to extraterritorial export restrictions, that could cause such disruptions, in compliance with international obligations. This may involve, where appropriate, coordination in relevant international fora or other diplomatic measures, while ensuring robust engagement with the stakeholder community.
2022/10/19
Committee: ITRE
Amendment 630 #

2022/0032(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. The Commission shall, after consulting develop a list of early warning indicators in cooperation with the European Semiconductor Board, assess with a view to identify risks that may disrupt, compromise or negatively affect the supply of semiconductors (Union risk assessment). In the Union risk assessment, the Commission shall identify early warning indicators.
2022/10/19
Committee: ITRE
Amendment 631 #

2022/0032(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. The Commission shall review the Union risk assessment including the early warning indicators as necessary.
2022/10/19
Committee: ITRE
Amendment 634 #

2022/0032(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. When monitoring the semiconductor value chain pursuant to Article 15, Member States shall monitor the early warning indicators identified by the Commission and the European Semiconductor Board.
2022/10/19
Committee: ITRE
Amendment 648 #

2022/0032(COD)

Proposal for a regulation
Article 18 – paragraph 1 – introductory part
1. A semiconductor crisis shall be considered to occur as defined in Article 2(1)(16a) when there are serious disruptions in the supply of semiconductors leading to significant shortages, which:
2022/10/19
Committee: ITRE
Amendment 651 #

2022/0032(COD)

Proposal for a regulation
Article 18 – paragraph 1 – point a
(a) entail significant delays or significant negative effects on one or more important economiccritical sectors in the Union, or
2022/10/19
Committee: ITRE
Amendment 654 #

2022/0032(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. Where an assessment of the Commission provides concrete, serious, and reliable evidence of a semiconductor crisis, the Commission may, after consulting the European semiconductor Board, activate the crisis stage by means of implementing acts in accordance with Article 33(2). The duration of the activation shall be specified in the implementing act. The Commission shall report on a regular basis to the European Semiconductor Board. Where, in view of the scope and gravity of the semiconductor crisis, duly justified imperative grounds of urgency so require, the procedure provided for in Article 33(3) shall apply to implementing acts adopted pursuant to this Article.
2022/10/19
Committee: ITRE
Amendment 684 #

2022/0032(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. The Commission shall, after consulting the European Semiconductor Board, request representative organisations of undertakings or, if necessary, individual undertakings operating along the semiconductor supply chain to inform the Commission about their production capabilities, production capacities, current primary disruptions and provide other existing data. The requested information shall be limited to what is the minimum necessary to assess the nature of the semiconductor crisis or to identify and assess potential mitigation or emergency measures at national or Union level. The Commission shall substantiate its targeted requests for sensitive and business confidential data and shall keep them to the minimum. The Commission shall develop the request for information in cooperation with the European Semiconductor Board. The Commission shall provide for secure means for the information collection and processing that ensures confidentiality, business secrecy and cybersecurity with due regard to minimising the administrative burden on SMEs.
2022/10/19
Committee: ITRE
Amendment 693 #

2022/0032(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. The request for information shall state its legal basis, be proportionate in terms of the granularity and volume of the data and frequency of access to the data requested, have regard for the legitimate aims of the undertaking and, take into account the protection of trade secrets and business sensitive information, the cost and effort required to make the data available, and set out the time limit within which the information is to be provided. It shall also indicate the penalties provided for in Article 28.
2022/10/19
Committee: ITRE
Amendment 711 #

2022/0032(COD)

Proposal for a regulation
Article 21 – paragraph 4
4. The obligations under paragraph 1, 2 and 3 shall be enacted by the Commission via decision. The decision shall be takena last resort measure taken after consulting the European Semiconductor Board, in accordance with all applicable Union legal obligations, having regard to the circumstances of the case, including the principles of necessity and proportionality. The decision shall in particular have regard forbeneficiary of such a priority order has a due-diligence obligation and should be able to show that it has exhausted all other preventative mitigation measures, such as finding alternative suppliers or creating stockpiles. The decision shall only be made when all other measures have been exhausted and in particular have regard for the preventative mitigation measures taken by the critical sector requesting the priority order and the legitimate aims of the undertaking concerned and the cost and effort required for any change in production sequence. In its decision, the Commission shall state the legal basis of the priority rated order, fix the time-limit within which the order is to be performed, and, where applicable, specify the product and quantity, and state the penalties provided for in Article 28 for non- compliance with the obligation. The priority rated order shall be placed at fair and reasonable price.
2022/10/19
Committee: ITRE
Amendment 742 #

2022/0032(COD)

Proposal for a regulation
Article 23 – paragraph 2 – point c
(c) discussing and preparing, with involvement of key market actors, the identification of specific sectors and technologies with potential high social impact and respective security significance in need of certification for trusted products;
2022/10/19
Committee: ITRE
Amendment 746 #

2022/0032(COD)

Proposal for a regulation
Article 23 – paragraph 2 – point d a (new)
(d a) Creating and regularly updating the long-term mapping of the dynamics in, as well as strengths and weaknesses of the semiconductor value chain in the Union.
2022/10/19
Committee: ITRE
Amendment 749 #

2022/0032(COD)

Proposal for a regulation
Article 23 – paragraph 2 – point e a (new)
(e a) providing advice and assisting the Commission with regard to developing consistent guidelines on how to best protect, in the context of this Regulation, confidential information, including trade secrets or content protected by intellectual property rights, from unlawful access that risks intellectual property theft or industrial espionage.
2022/10/19
Committee: ITRE
Amendment 753 #

2022/0032(COD)

Proposal for a regulation
Article 23 – paragraph 3
3. The European Semiconductor Board shall support the Commission in international cooperation, including aggregated information gathering and crisis assessment, in line with international obligations.
2022/10/19
Committee: ITRE
Amendment 757 #

2022/0032(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. The European Semiconductor Board shall be composed of representatives of the Member States, three representatives of the Industrial Alliance on Processors and Semiconductor Technologies, and shall be chaired by a representative of the Commission.
2022/10/19
Committee: ITRE
Amendment 763 #

2022/0032(COD)

Proposal for a regulation
Article 24 – paragraph 4
4. The Commission may establish standing or temporary sub-groups for the purpose of examining specific questions. Where appropriate, the Commission mayshould invite organisations representing the interests of the semiconductor industry, including members of the Industrial Alliance on Processors and Semiconductor Technologies and users of semiconductors at Union level, to participate in such sub- groups in the capacity of observeras observers that enjoy speaking rights, but no voting rights. A sub-group including Union Research and Technology Organisations shall be established for the purpose of examining specific aspects on strategic technology directions and reporting on this to the European Semiconductor Board.
2022/10/19
Committee: ITRE
Amendment 768 #

2022/0032(COD)

Proposal for a regulation
Article 25 – paragraph 4
4. The Commission mayshould involve industry and civil society stakeholders in their respective roles, meaning that the Commission is encouraged to appoint observers to take part in the meetings, as appropriate. The Commission may invite experts with specific expertise, including from relevant stakeholder organisations, such as the Industrial Alliance for Processors and Semiconductor Technologies , with respect to a subject matter on the agenda to take part in the meetings of the European Semiconductor Board on an ad hoc basis. The Commission may facilitate exchanges between the European Semiconductor Board and other Union bodies, offices, agencies and advisory groups. The Commission shall invite a representative from the European Parliament as an observer to the European Semiconductor Board. The Commission shall ensure the participation of relevant other Union institutions and bodies as observers to the European Semiconductor Board with respect to meetings concerning Chapter IV on monitoring and crisis response. Observers and experts shall not have voting rights and shall notbut may be invited to participate in the formulation of opinions, recommendations or advice of the European Semiconductor Board and its sub-groups.
2022/10/19
Committee: ITRE
Amendment 770 #

2022/0032(COD)

Proposal for a regulation
Article 25 – paragraph 5
5. The European Semiconductor Board shall take the necessary measures to ensure the safe handling and processing of confidential information, including trade secrets or content protected by intellectual property rights.
2022/10/19
Committee: ITRE
Amendment 777 #

2022/0032(COD)

Proposal for a regulation
Article 27 – paragraph 1
1. The Commission and the national competent authorities, their officials, servants and other persons working under the supervision of these authorities as well as officials and civil servants of other authorities of the Member States shall not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of professional secrecy. They shall respect the confidentiality of information and data obtained in carrying out their tasks and activities in such a manner as to protect in particularany intellectual property rights and sensitive business information orand trade secrets. They shall take appropriate technical and organisational measures to preserve the confidentiality of sensitive business information and trade secrets. This obligation shall apply to all representatives of Member States, key market actors observers, experts and other participants attending meetings of the European Semiconductor Board pursuant to Article 23 and the members of the Committee pursuant to Article 33(1).
2022/10/19
Committee: ITRE
Amendment 779 #

2022/0032(COD)

Proposal for a regulation
Article 27 – paragraph 2
2. The Commission and Member States may exchange, where necessary, confidential information with competent authorities of third countries with which they have agreed on bilateral or multilateral confidentiality arrangements to provide an adequate level of confidentiality.deleted
2022/10/19
Committee: ITRE
Amendment 781 #

2022/0032(COD)

Proposal for a regulation
Article 27 – paragraph 3 a (new)
3 a. 4. The Commission and Member States shall take all reasonable technical, legal and organisational measures to prevent international transfer or governmental access to confidential information, including trade secrets or content protected by intellectual property rights, where such transfer or access would be in contravention of Union law, the national law of the relevant Member State, or where it may impinge on national security or defence interests of the Union or its Member States, without prejudice to paragraph 5 or 6. 5. The Commission and Member States may, where necessary, allow transfer or give access to confidential information within the scope of this Regulation held in the Union to third countries where a bilateral or multilateral agreement on the enforcement of intellectual property rights and the protection of trade secrets and confidential information within the scope of this Regulation is in force and effectively complied with between the requesting entity in a third country and the Union, or between the requesting entity in a third country and a Member State. 6. In the absence of an international agreement as referred to in paragraph 2 of this Article, transfer of or access to confidential information, trade secrets or content protected by intellectual property rights within the scope of this Regulation held in the Union shall take place only where such a transfer or access takes place within one entity, with one or more of its subsidiaries or its direct business partners and where the protection of intellectual property rights, confidential information and trade secrets is ensured by reasonable technical, legal and organisational measures and in full respect of Directives (EU) 2016/943 and 2004/48/EC. 7. The European Semiconductor Board shall advise and assist the Commission in developing guidelines on the assessment of whether the conditions laid down in paragraphs 5 and 6 are met, in particular as regards the technical, legal and organisational measures put in place in order to protect confidential information, trade secrets or intellectual property rights and ensure their effective enforcement. 8. Where the conditions laid down in paragraph 5 or 6 are met, the entity transferring information or providing access thereto shall provide the minimum amount of information needed in order to fulfil the request.
2022/10/19
Committee: ITRE
Amendment 785 #

2022/0032(COD)

Proposal for a regulation
Article 27 a (new)
Article 27 a IP-theft Guardrails 1. Each undertaking receiving Union funds under this Regulation (beneficiary) shall enter into an agreement with the Commission that, for a duration of 10 years, precludes the beneficiary from engaging in any significant transactions, as defined in that agreement, involving the material expansion of semiconductor manufacturing or R&D capacity in a third country with an intellectual property theft programme directed at the Union or a Member State. This shall not apply to existing facilities, equipment or R&D of a beneficiary intended for manufacturing legacy semiconductors. 2. During the term of agreement, the beneficiary shall notify the Commission of any planned significant transactions. The Commission shall decide whether this constitutes a breach of the agreement, and shall notify the beneficiary. In case of a breach, the Commission can first propose and agree on conditions with the beneficiary for the mitigation of risks concerning intellectual property theft. In lieu of an agreement, the Commission shall request evidence that the planned significant transaction has ceased or has been abandoned. If the beneficiary fails to cease or abandon a breach, the Commission shall recover the full amount of the Union funds provided to the beneficiary, may repeal the decision granting the beneficiary facility the status of Integrated Production Facility or Open EU Foundry, and may impose fines. Any information obtained pursuant to this paragraph shall be treated in compliance with the confidentiality obligations set out in Article 27.
2022/10/19
Committee: ITRE
Amendment 789 #

2022/0032(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point a
(a) impose fines, where a representative organisations of undertakings or an undertaking, intentionally or through gross negligence, supplies incorrect, incomplete or misleading information in response to a request made pursuant to Article 20 and 27a, or does not supply the information within the prescribed time limit;
2022/10/19
Committee: ITRE
Amendment 790 #

2022/0032(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point c
(c) impose periodic penalty payments, where an undertaking, intentionally or through gross negligence, does not comply with an obligation to prioritise the production of crisis-relevant products pursuant to Article 21 or fails to cease or abandon a breach pursuant to Article 27a.
2022/10/19
Committee: ITRE
Amendment 792 #

2022/0032(COD)

Proposal for a regulation
Article 28 – paragraph 2
2. Fines imposed in the cases referred to in paragraph 1 (a) and (b) shall not exceed 300 000 EUR. If the concerned undertaking is an SME, the fines imposed shall not exceed 100 000 EUR.
2022/10/19
Committee: ITRE
Amendment 793 #

2022/0032(COD)

Proposal for a regulation
Article 28 – paragraph 3
3. Periodic penalty payments imposed in the cases referred to in paragraph 1 (c) shall not exceed 1.5 % of the average daily turnover in the preceding business year for each working day of non-compliance with the obligation pursuant to Article 21 calculated from the date established in the decision. If the concerned undertaking is an SME, the periodic penalty payments imposed shall not exceed 1 % of the average daily turnover of the SME concerned.
2022/10/19
Committee: ITRE
Amendment 31 #

2021/2185(INI)

Draft opinion
Paragraph 4
4. Underlines that current merger control rules are not fit for dealing withshould take so-called ‘killer acquisitions’ by dominant players in digital marketsthe single market into account; stresses the fact that ‘killer acquisitions’ may also affect the contestability and fairness of the digital single market and therefore should be assessed by the Commission in the framework of the DMA, as set out in IMCO’s report;
2022/01/13
Committee: IMCO
Amendment 39 #

2021/2185(INI)

Draft opinion
Paragraph 5
5. Notes that the consumer Internet of Things (IoT) sector will expand significantly in the coming years but recognises that shortcomings still exist in this sector, such as the lack of interoperability between various IoT products and/or services, which could reduce competition and consumer choice; welcomes the Commission’s sector inquiry into the IoT and calls on the Commission to take further action regarding standards, data portability and access;
2022/01/13
Committee: IMCO
Amendment 42 #

2021/2185(INI)

Draft opinion
Paragraph 6
6. Notes that the Vertical Block Exemption Regulation1 and related Vertical Guidelines2 have been inadequately adapted for recent market developments, notably the growth of online sales and online platforms; highlights that there are outstanding concerasks the Commission to ens uregarding the automobile sector, where manufacturers are competing directly with the distribution network by modifying the contractual terms of the vertical distribution relationship, thereby placing them at a competitive disadvantage and driving small and medium-sized enterprises out of the market; that any future revision takes the abuse of selective distribution agreements, labelling and other measures to prevent the purchase, distribution and resale of goods across borders into account. _________________ 1 Commission Regulation (EU) No 330/2010 of 20 April 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices (OJ L 102, 23.4.2010, p. 1). 2 OJ C 130, 19.5.2010, p. 1.
2022/01/13
Committee: IMCO
Amendment 47 #

2021/2185(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Notes the continued use of different national product codes and serial numbers for the same or virtually identical products in order to prevent cross-border comparisons of prices and purchase; believes that this has a direct negative effect on consumers and asks the Commission to assess this matter further;
2022/01/13
Committee: IMCO
Amendment 49 #

2021/2185(INI)

Draft opinion
Paragraph 7
7. Notes the continued impact of the COVID-19 pandemic on the EU economy and the risks and opportunities it poses to the internal market; welcomes the Commission’s decision to prolong the temporary framework for State aid until 30 June 2022, but highlights that these measures should remain in place until gross domestic product and employment return to pre-pandemic levels;; notes, however, that the differing sizes of the Member States means that not all Member States are able to equally take advantage of the temporary framework; asks the Commission to ensure that the measures are proportionate to actual needs and do not distort competition within the single market.
2022/01/13
Committee: IMCO
Amendment 62 #

2021/2185(INI)

Draft opinion
Paragraph 8
8. Calls on the Commission to adaptensure competition rules and ensure theirpolicy enforcement in the energy sector to facilitate the creation of industrial giants capable of competing in global markets and to protect the security of energy supplies in the European Union, thus reducing price volatility and combating the rise in energy prices, which accounts for around half of the increase in the inflation rate;
2022/01/13
Committee: IMCO
Amendment 64 #

2021/2185(INI)

Draft opinion
Paragraph 8 a (new)
8 a. Stresses the need for competition policy to support SMEs in Europe and to prevent the consolidation of market dominance in the hands of a few large European and international companies; underlines that the single market depends not only on competition at the international level, but also inside the single market itself;
2022/01/13
Committee: IMCO
Amendment 72 #

2021/2185(INI)

Draft opinion
Paragraph 9
9. Highlights the importance of tackling distortive foreign subsidies that are distortingharming the level playing field in the EU’s internal market and ; in this regard welcomes the proposed regulation on foreign subsidies, which is relevant in cases where, for example, a subsidised company intends to participatwill help to promote a fair and competitive sin EU public procurement procedures.gle market;
2022/01/13
Committee: IMCO
Amendment 80 #

2021/0420(COD)

Proposal for a regulation
Recital 9 a (new)
(9 a) Active modes infrastructure should be improved and existing barriers for active modes removed throughout the TEN-T network. Active modes, such as walking and cycling, contribute to the European Union’s climate goals, improve public health, provide economic benefits and alleviate congestion on the road and rail network.
2022/05/06
Committee: IMCO
Amendment 81 #

2021/0420(COD)

Proposal for a regulation
Recital 10
(10) In order to achieve a high-quality and efficient transport infrastructure across all modes, the development, maintenance and upgrading of the trans- European transport network should take into account the security and safety of passengers and freight movements, the contribution to climate change and the impact of climate change and of potential natural hazards and human-made disasters on infrastructure and accessibility for all transport users, especially in regions that are particularly affected by the negative impacts of climate change.
2022/05/06
Committee: IMCO
Amendment 82 #

2021/0420(COD)

Proposal for a regulation
Recital 10 a (new)
(10 a) As signatories to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), the European Union and all Member States are legally obliged to ensure that persons with disabilities have access, on an equal basis with others, to transport and the built environment (Article 9). Acknowledging that millions of persons with disabilities experience barriers to use transport, the European Commission has included the revision of the TEN-T Guidelines in its list of actions under aim 2. “Accessibility – an enabler of rights, autonomy and equality” of the Strategy for the Rights of Persons with Disabilities 2021-2030. Finally, with its Sustainable and Smart Mobility Strategy, the EU has committed to “making mobility fair and just for all” (Flagship 9), including by improving accessibility for passengers with disabilities. It notes that transport proposals under the Strategy must be compliant with the Strategy for the Rights of Persons with Disabilities 2021-2030.
2022/05/06
Committee: IMCO
Amendment 86 #

2021/0420(COD)

Proposal for a regulation
Recital 51
(51) As an effective single framework for tackling urban mobility challenges, urban nodes should develop a Sustainable Urban Mobility Plan (SUMP), which is a long-term, all-encompassing integrated freight and passenger mobility plan for the entire functional urban area22 . It should include objectives, targets and indicators underpinning the current and future performance of the urban transport system, at minimum, on greenhouse gas emissions, congestion, accidents and injuries, modal share and access to mobility services, as well as data on air and noise pollution in cities. The SUMPs and the data should be published to allow proper scrutiny of civil society. __________________ 22 The SUMP concept was first proposed in the 2013 EU Urban mobility package (COM(2013)913 final, Annex I)
2022/05/06
Committee: IMCO
Amendment 90 #

2021/0420(COD)

Proposal for a regulation
Recital 70
(70) The technical basis of the maps specifying the trans-European transport network is provided by the interactive geographical and technical information system for the trans-European transport network (TENtec). Member States should also provide data on accessibility and maintenance to improve public scrutiny.
2022/05/06
Committee: IMCO
Amendment 93 #

2021/0420(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point a – point i
(i) promotion of zero-emission mobility, including active modes, in line with the relevant Union CO2 reduction targets;
2022/05/06
Committee: IMCO
Amendment 95 #

2021/0420(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point f
(f) the taking into account of possible synergies with other networks, in particular the trans-European energy or telecommunication networks, or EuroVelo, the European cycle route network;
2022/05/06
Committee: IMCO
Amendment 99 #

2021/0420(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point h a (new)
(h a) improve active modes infrastructure and remove existing barriers for active modes.
2022/05/06
Committee: IMCO
Amendment 100 #

2021/0420(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point i a (new)
(i a) improving active modes infrastructure and removing existing barriers for active modes.
2022/05/06
Committee: IMCO
Amendment 101 #

2021/0420(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point e a (new)
(e a) does not constitute a barrier to active modes; at least twice as many safe, accessible and comfortable crossings across the line tracks shall be provided for active modes as for motorised vehicles.
2022/05/06
Committee: IMCO
Amendment 105 #

2021/0420(COD)

Proposal for a regulation
Article 16 – paragraph 5 – point b a (new)
(b a) Until 31 December 2040, in Member States where no separate lines for rail passenger and rail freight transport are available, as a derogation from Article 15(2), point (d), Member States are considered to enable, without special permission, the operation of freight trains with a train length of at least 740 m (including the locomotive(s)) if at least the following conditions are complied with: (i) on double track lines, at least 50% of the train paths for freight trains per day, and not less than two train paths on average per hour and direction, can be allocated to freight trains with a length of at least 740 m; (ii) on single track lines, at least one train path per two hours and direction can be allocated to freight trains with a length of at least 740 m.
2022/05/06
Committee: IMCO
Amendment 107 #

2021/0420(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) ERTMS is equipped, while ensuring a synchronised and harmonised ERTMS deployment trackside and on board of trains;
2022/05/06
Committee: IMCO
Amendment 110 #

2021/0420(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point f
(f) when building or upgrading railway infrastructure, ensure the continuity and accessibility of pedestrian and cycling paths well as cycling connections and seek synergies for creating new pedestrian as well as cycling connections in order to promote the active modes of transport;
2022/05/06
Committee: IMCO
Amendment 111 #

2021/0420(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point g a (new)
(g a) providing accessible active modes infrastructure alongside rail lines and within civil engineering structures such as bridges or tunnels.
2022/05/06
Committee: IMCO
Amendment 112 #

2021/0420(COD)

Proposal for a regulation
Article 21 – paragraph 2 a (new)
2 a. Member States shall ensure that rivers and canals do not constitute barriers to active modes; at least twice as many safe, accessible and comfortable crossings across the inland waterway shall be provided for active modes as for motorised vehicles.
2022/05/06
Committee: IMCO
Amendment 113 #

2021/0420(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point e a (new)
(e a) providing accessible active modes infrastructure alongside inland waterways and within civil engineering structures such as bridges.
2022/05/06
Committee: IMCO
Amendment 115 #

2021/0420(COD)

Proposal for a regulation
Article 25 – paragraph 2 – point a
(a) maritime ports of the comprehensive network will be connected with the rail and road, road and active modes infrastructure and, where possible, inland waterways, except where specific geographic or significant physical constraints prevent such connection;
2022/05/06
Committee: IMCO
Amendment 118 #

2021/0420(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point a – point x a (new)
(x a) infrastructure for active modes such pedestrian and cycle tracks, bridges or tunnels, including alternative routes for active modes.
2022/05/06
Committee: IMCO
Amendment 120 #

2021/0420(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point h a (new)
(h a) active modes infrastructure is integrated in or provided as an alternative to the road network.
2022/05/06
Committee: IMCO
Amendment 123 #

2021/0420(COD)

Proposal for a regulation
Article 29 – paragraph 2 – point d a (new)
(d a) active modes infrastructure is integrated in or provided as an alternative to the road;
2022/05/06
Committee: IMCO
Amendment 124 #

2021/0420(COD)

Proposal for a regulation
Article 29 – paragraph 2 – point d b (new)
(d b) the road does not constitute a barrier to active modes; at least twice as many safe, accessible and comfortable crossings across the road shall be provided for active modes as for motorised vehicles; in and next to built-up areas the distance between crossings for active modes shall not exceed 400 m.
2022/05/06
Committee: IMCO
Amendment 126 #

2021/0420(COD)

Proposal for a regulation
Article 31 – paragraph 1 – point b
(b) mitigation of congestion on existing roads, in particular through improving active modes infrastructure such as cycle highways, intelligent traffic management, including dynamic congestion charges or tolls varied based on the time of day, week or season;
2022/05/06
Committee: IMCO
Amendment 127 #

2021/0420(COD)

Proposal for a regulation
Article 31 – paragraph 1 – point d
(d) when building or upgrading road infrastructure, ensure the continuity and accessibility of pedestrian and cycling pathconnections and seek synergies or create new pedestrian and cycling connections in order to promote the active modes of transport.
2022/05/06
Committee: IMCO
Amendment 129 #

2021/0420(COD)

Proposal for a regulation
Article 31 – paragraph 1 – point d a (new)
(d a) providing accessible active modes infrastructure within civil engineering structures such as bridges or tunnels.
2022/05/06
Committee: IMCO
Amendment 131 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point b – point i
(i) adoption and publication of a sustainable urban mobility plan (SUMP) in line with Annex V that includes notably measures to integrate the different modes of transport, to promote efficient zero- emission mobility including sustainable and zero-emission urban logistics, to reduce air and noise pollution and that takes long-distance trans-European transport flows into consideration;
2022/05/06
Committee: IMCO
Amendment 132 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point b – point ii
(ii) collection and, submission to the Commission and publication in accordance with Directive (EU) 2019/1024 of the European Parliament and of the Council1a of urban mobility data per urban node covering at minimum greenhouse gas emissions, congestion, accidents and injuries, modal share and access to mobility service, as well as data on air and noise pollution. Thereafter these data shall be submitted every year; and published every year; __________________ 1a 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)
2022/05/06
Committee: IMCO
Amendment 133 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point c – point ii a (new)
(ii a) all destinations within the urban node to be safely reachable by active modes of transport;
2022/05/06
Committee: IMCO
Amendment 134 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point d
(d) by 31 December 2040: the development of at least one multimodal freight terminal allowing for sufficient transhipment capacity within or in the vicinity of the urban node. One terminal may serve more than one urban node, if capacity allows.
2022/05/06
Committee: IMCO
Amendment 135 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point d a (new)
(d a) compliance with the adopted sustainable urban mobility plans (SUMPs).
2022/05/06
Committee: IMCO
Amendment 136 #

2021/0420(COD)

Proposal for a regulation
Chapter IV – title
IV PROVISIONS FOR SMART, ACCESSIBLE AND RESILIENT TRANSPORT
2022/05/06
Committee: IMCO
Amendment 143 #

2021/0420(COD)

Proposal for a regulation
Article 48 – paragraph 1 – point d a (new)
(d a) any maintenance work that results in a limitation or non-availability of rail infrastructure is managed in accordance with Commission Delegated Decision (EU) 2017/20751a. __________________ 1a Commission Delegated Decision (EU) 2017/2075 of 4 September 2017 replacing Annex VII to Directive 2012/34/EU of the European Parliament and of the Council establishing a single European railway area (OJ L 295, 14.11.2017, p. 69–73)
2022/05/06
Committee: IMCO
Amendment 144 #

2021/0420(COD)

Proposal for a regulation
Article 49 – paragraph 1
1. Transport infrastructure shall allow seamless mobility and accessibility for all users, in particular people in situations of vulnerability including persons with disabilities or reduced mobility as well as, older persons, persons living in outermost regions and other remote, rural, insular, peripheral and mountainous regions as well as sparsely populated areas. 2. Member States shall carry out ex-ante assessments of the accessibility of infrastructure and of the services connected to it. 3. The design, construction, maintenance, and upgrade of transport infrastructure shall comply with Annex I and Annex III of Directive (EU) 2019/882 of the European Parliament and of the Council1a, and accessibility requirements laid down in other relevant Union law. __________________ 1a Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70–115)
2022/05/06
Committee: IMCO
Amendment 155 #

2021/0420(COD)

Proposal for a regulation
Article 55 – paragraph 1
1. Member States shall inform the Commission on a regular, comprehensive and transparent basis about the progress made in implementing projects of common interest and the investments made for that purpose. This information shall include the yearly transmission of data through the interactive geographical and technical information system for the trans-European transport network (TENtec). It shall include technical and financial data concerning projects of common interest on the trans-European transport network, data related to accessibility of the TEN-T infrastructure and passenger services as well as data on the completion and maintenance of the trans- European transport network.
2022/05/06
Committee: IMCO
Amendment 160 #

2021/0420(COD)

Proposal for a regulation
Article 57 – paragraph 1
National procedures regarding the involvement and consultation of regional and local authoritieRelevant regional and local authorities, industrial partners, including SMEs, user representatives, accessibility experts and civil society concerned by a project of common interest shall be complied with, where appropriate,nsulted and enabled to meaningfully engage in the planning and construction phase of a project. The Commission shall facilitate this process in particular by promoteing the exchange of good practice in this regard, notably as regards the consultation and inclusion of people in situations of vulnerability.
2022/05/06
Committee: IMCO
Amendment 162 #

2021/0420(COD)

Proposal for a regulation
Article 62 – title
Delay in completion of the core network, the extended core network and the comprehensive network or lack of its maintenance
2022/05/06
Committee: IMCO
Amendment 163 #

2021/0420(COD)

Proposal for a regulation
Article 62 – paragraph 1
1. In the event of significant delay in starting or completing work on the core network, extended core network and on the comprehensive network compared to the initial timeline set in implementing acts in accordance with Article 54 or defined in national transport and investment plans or other relevant project documentation or if there is evidence of non-compliance with the maintenance provisions in Article 48, the Commission may ask the Member State or Member States concerned to provide the reasons for the delay or lack of maintenance. Such reasons shall be provided by the Member State or Member States within three months of the request. On the basis of the reply given, the Commission shall consult the Member State or Member States concerned in order to resolve the problem that has caused the delay or lack of maintenance.
2022/05/06
Committee: IMCO
Amendment 164 #

2021/0420(COD)

Proposal for a regulation
Article 62 – paragraph 2
2. In case the delayed or non- maintained section concerns a European Transport Corridor, the European Coordinator shall be involved in view of resolving the problem.
2022/05/06
Committee: IMCO
Amendment 165 #

2021/0420(COD)

Proposal for a regulation
Article 62 – paragraph 3 – subparagraph 1
The Commission may, after considering the reasons provided by the Member State or Member States concerned pursuant to the first subparagraph, adopt a decision addressed to the Member State or Member States concerned, finding that the significant delay in starting or completing the work on the core network, extended core network or on the comprehensive network or the lack of its maintenance is attributable to the Member State or Member States without an objective justification. The Commission shall give the Member State or Member States concerned 6 months to eliminate the significant delay or lack of maintenance.
2022/05/06
Committee: IMCO
Amendment 167 #

2021/0420(COD)

Proposal for a regulation
Article 62 – paragraph 3 – subparagraph 2
In case the delayed or non-maintained section concerns a project supported with Union funds under direct management, a reduction of the amount of the grant and/or an amendment or termination of the grant agreement may be initiated in accordance with the applicable rules.
2022/05/06
Committee: IMCO
Amendment 169 #

2021/0420(COD)

Proposal for a regulation
Annex V – point 1
1. Goals and objectives: A Sustainable Urban Mobility Plan (SUMP) shall have as central goal improving accessibility of the functional urban area and providing high- quality, safe and sustainable low-emission mobility to, through and within the functional urban area. It shall notably support zero-emission mobility and the implementation of an urban transport system which contributes to a better overall performance of the trans-European transport network, in particular through the development of infrastructure for the seamless circulation of zero-emission vehicles as well as of multimodal passenger hubs to facilitate first and last mile connections and of multimodal freight terminals serving urban nodes. A SUMP shall also take into consideration commuter journeys to and from the urban area.
2022/05/06
Committee: IMCO
Amendment 373 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Directive 2013/36/EU
Article 88 – paragraph 3
(b) in Article 88, the following paragraph 3 is added: ‘3. institutions draw up, maintain and update individual statements setting out the roles and duties of each member of the management body, senior management and key function holders and a mapping of duties, including details of the reporting lines and the lines of responsibility, and the persons who are part of the governance arrangements as referred to in Article 74 (1) and their duties approved by the management body. Member States shall ensure that the statements of duties and the mapping of the duties are made available and communicated in due time, upon request, to the competent authorities. EBA shall issue guidelines, in accordance with Article 16 of Regulation (EU) No 1093/2010, ensuring the implementation of this paragraph and its consistent application. EBA shall issue those guidelines by [OP please insert the date = 12 months from date of entry into force of this amending Directive].’deleted Member States shall ensure that
2022/08/22
Committee: ECON
Amendment 402 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
2. The entities shall assess the suitability of members of the management body before those members take up their positions. Where the entities conclude, based on the suitability assessment, that the member concerned does not fulfil the criteria and requirements set out in paragraph 1, the entities shall ensure that the member concerned does not take up the position considered. However, where it is strictly necessary to replace a member of the management body immediately, the entities may assess the suitability of such replacement members after they have taken up their positions. The entities shall be able to duly justify such immediate replacement.deleted
2022/08/22
Committee: ECON
Amendment 438 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 3 – subparagraph 2
Competent authorities shall complete the assessment referred to in paragraph 1 within 820 working days (‘assessment period’) as from the date of the written acknowledgement referred to in the first subparagraph of this paragraph.
2022/08/22
Committee: ECON
Amendment 451 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 4
4. Competent authorities that request from the entities additional information or documentation, including interviews or hearings, may extend the assessment period for a maximum of 40 working days. However, the assessment period shall not exceed 1260 working days. Request for additional information or documentation shall be made in writing and shall be specific. The entities shall acknowledge receipt of request for additional information or documentation within two working days and provide the requested additional information or documentation within 10 working days as of the date of the written acknowledgement of the request from competent authorities.
2022/08/22
Committee: ECON
Amendment 121 #

2021/0171(COD)

Proposal for a directive
Recital 15
(15) A number of Member States have applied Directive 2008/48/EC to areas not covered by its scope to enhance the level of consumer protection. In fact, several of the credit agreements not falling within the scope of that Directive can be detrimental for consumers, including short-term high cost loans whose amount is typically lower than the minimum threshold of EUR 200 set out in Directive 2008/48/EC. In this context, and with the aim to ensure a high level of consumer protection and to facilitate the cross-border consumer credit market, the scope of this Directive should cover some agreements that were excluded from the scope of Directive 2008/48/EC, such as consumer credit agreements below the amount of EUR 200. Likewise, other potentially detrimental products, because of the high costs they entail or high fees in case of missed payments, should be covered by this Directive, to ensure increased transparency and better consumer protection, resulting in higher consumer confidence. To this extent, leasing agreementswhilst subject to strict adherence to the principle of proportionality to avoid undue administrative burden, to ensure increased transparency and better consumer protection, resulting in higher consumer confidence. This Directive should not apply to deferred debit cards, under the terms of which the monthly aggregated payments have to be paid in a single debit and only insignificant charges are payable. Nor should it apply to hiring or leasing agreements where an obligation to purchase the object of the agreement is not laid down. Nor should it apply to overdraft facilities where the credit has to be repaid within one month. To this extent, credit agreements in the form of an overdraft facility and where the credit has to be repaid within one month, and credit agreements where the credit is granted free of interest and without any other charges, including Buy Now Pay Later schemes, i.e. new digital financial tools that let consumers make purchases and pay them off over time, and credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable should not be excluded from the scope of application of this Directive. However, for those credit agreements, Member States should be able to exclude the application of certain provisions of this Directive considering the characteristics of their national market, the duration, risk, and nature of the credit. Moreover, all credit agreement up until EUR 100 000 should be included in the scope of application of this Directive. The upper threshold of credit agreements under this Directive should be increased to take into account indexation to adjust for the effects of inflation since 2008 and in coming years.
2022/03/16
Committee: IMCO
Amendment 128 #

2021/0171(COD)

Proposal for a directive
Recital 20
(20) Agreements for the provision on a continuing basis of services or for the supply of goods of the same kind, where the consumer pays for them for the duration of their provision by means of instalments, may differ considerably, in terms of the interests of the contractual parties involved, and the modalities and performance of the transactions, from credit agreements covered by this Directive. Therefore, such agreements should not be regarded as credit agreements for the purposes of this Directive. Such agreement includes, for example, an insurance contract where the insurance is paid for in monthly instalments. Hiring and leasing agreements where an obligation to purchase the object of the agreement is not laid down either by the agreement itself or by any separate agreement should not be regarded as credit agreements for the purpose of this Directive
2022/03/16
Committee: IMCO
Amendment 131 #

2021/0171(COD)

Proposal for a directive
Recital 25 a (new)
(25 a) This Directive is without prejudice to Regulation 2016/679 that applies to any processing of personal data carried out by creditors and credit intermediaries falling within the scope of this Directive.
2022/03/16
Committee: IMCO
Amendment 134 #

2021/0171(COD)

Proposal for a directive
Recital 26
(26) Consumers who are legally resident in the Union should not be discriminated against on ground of their nationality or place of residence, or on any ground as referred to in Article 21 of the Charter when requesting, concluding or holding a credit agreement or an agreement for the provision of crowdfunding credit services within the Union. This is without prejudice to the possibility for the provider of credit services to refuse to enter into a credit service agreement where justified by objective criteria.
2022/03/16
Committee: IMCO
Amendment 141 #

2021/0171(COD)

Proposal for a directive
Recital 29
(29) Specific provisions should be laid down on advertising of credit agreements or crowdfunding credit services and certain items of standard information to be provided to consumers in order to enable them, in particular, to compare different offers. Such information should be given in a clear, concise and prominent way by means of a representative example. The standard information should be shown upfront and saliently, in a clear way and in an engaging format. It should be clearly legible and adapted to take into account the technical constraints of certain media such as mobile telephone screens and/or digital channels. Temporary promotional conditions, such as a teaser rate with lower interest rate for the initial months of the credit agreement or crowdfunding credit services, should be clearly identified as such. Consumers should see all essential information at a glance, evenwith further information made available on the consumer by clicking or swiping when they watch it on the screen of a mobile telephone. The creditor and, where applicable, credit intermediary and provider of crowdfunding credit services’ telephone number and email address should also be communicated to the consumer to enable him or her to contact the creditor, the credit intermediary or provider of crowdfunding credit services quickly and efficiently. A ceiling should be provided where it is not possible to indicate the total amount of credit as the total sums made available, in particular where a credit agreement gives the consumer freedom of drawdown with a limitation with regard to the amount. The ceiling should indicate the upper limit of credit which can be made available to the consumer. In specific and justified cases, in order to improve consumer understanding of information disclosed in advertising of credit agreements or crowdfunding credit services where the medium used does not allow to visually display it, such as in radio advertising or digital channels, the amount of information disclosed could be reduced. In addition, Member States should remain free to regulate information requirements in their national law regarding advertising of credit agreements or crowdfunding credit services which does not contain information on the cost of the credit.
2022/03/16
Committee: IMCO
Amendment 146 #

2021/0171(COD)

Proposal for a directive
Recital 30
(30) In order to be able to make their decisions in full knowledge of the facts, consumers should receive adequate pre- contractual information, for careful consideration at their own leisure and convenience, at least one dayin due time prior to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services, including information on the conditions and cost of the credit and on their obligations, as well as adequate explanations thereof. These rules should be without prejudice to Council Directive 93/13/EEC29 . _________________ 29 Council Directive 93/13/EEC of 5 April 1993 on unfair terms . In case pre- contractual information is provided less than one day before the consumer is bound by any credit agreement or agreement for the provision of crowdfunding credit services, the creditor and, where applicable, the credit intermediary or providers of crowdfunding credit services should provide the information before the consumer is bound and remind consumer contracts (OJ L 95, 21.4.1993, p. 29)s, one day after conclusion of the contract, of the possibility to withdraw from the credit agreement.
2022/03/16
Committee: IMCO
Amendment 157 #

2021/0171(COD)

Proposal for a directive
Recital 31
(31) Pre-contractual information should be provided through the Standard European Consumer Credit Information form. To help consumers understand and compare offers, athe Standard European Consumer Credit Overview form summarising the key element of the credit should be proviInformation form should included in addition to the Standard European Consumer Credit Information formits first page all the key elements of the credit, through which consumers should see all essential information at a glance, even on the screen of a mobile telephone. Information should be clear, clearly legible and adapted to the technical constraints of certain media such as mobile telephone screens. It should be displayed in an adequate and suitable way on the different channels, to ensure that every consumer can access information on an equal basis and in line with Directive (EU) 2019/882 of the European Parliament and of the Council30 . _________________ 30 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
2022/03/16
Committee: IMCO
Amendment 161 #

2021/0171(COD)

Proposal for a directive
Recital 32
(32) To ensure the fullest possible transparency and comparability of offers, pre-contractual information should, in particular, include the annual percentage rate of charge applicable to the credit, determined in the same way throughout the Union. As the annual percentage rate of charge can at this stage be indicated only through an example, such example should be representative. Therefore, it should correspond, for instance, to the average duration and total amount of credit granted for the type of credit agreement or crowdfunding credit services under consideration and, if applicable, to the goods purchased. When determining the representative example, the frequency of certain types of credit agreement or crowdfunding credit services in a specific market should also be taken into account. As regards the borrowing rate, the frequency of instalments and the capitalisation of interest, creditors should use their usual method of calculation for the consumer credit concerned. In case pre- contractual information is provided less than one day before the consumer is bound by any credit agreement or agreement for the provision of crowdfunding credit services, the creditor and, where applicable, the credit intermediary or providers of crowdfunding credit services should remind consumers, at the latest one day after conclusion of the contract, of the possibility to withdraw from the credit agreement.
2022/03/16
Committee: IMCO
Amendment 167 #

2021/0171(COD)

Proposal for a directive
Recital 44
(44) Credit sales that have not been solicited by the consumers may in some cases be associated with practices that are harmful to the consumer. In this regard, without prejudice to the creditor's possibility of making offers to consumers, unsolicited salegranting of credit, including non- requested pre-approved credit cards sent to the consumers consumers, or the unilateral increase of a consumers’ overdraft or credit card limit, should be prohibited.
2022/03/16
Committee: IMCO
Amendment 174 #

2021/0171(COD)

Proposal for a directive
Recital 46
(46) It is essential that the consumer’s ability and propensity to repay the credit is assessed and verified before a credit agreement or an agreement for the provision of crowdfunding credit services is concluded. That assessment of creditworthiness should be proportionate and be done in the interest of the consumer, to prevent irresponsible lending practices and over- indebtedness, and should take into consideration all necessary and relevant factors that could influence a consumer’s ability to repay the credit. Member States should be able to issue additional guidance on additional criteria and methods to assess a consumer’s creditworthiness, for example by setting limits on loan-to-value or loan- to-income ratios.
2022/03/16
Committee: IMCO
Amendment 178 #

2021/0171(COD)

Proposal for a directive
Recital 47
(47) The assessment of creditworthiness should be based on information on the financial and economic situation, including income and expenses, of the consumer or on statistical data where this is proportionate vis-à-vis the loan value, duration or the characteristics of the credit. The European Banking Authority Guidelines on loan origination and monitoring (EBA/GL/2020/06) provide guidelines on what categories of data may be used for the processing of personal data for creditworthiness purposes, which include evidence of income or other sources of repayment, information on financial assets and liabilities, or information on other financial commitments. Personal data, such as personal data found on social media platforms or health data, including cancer data, should not be used when conducting a creditworthiness assessment. Member States should guarantee the right to be forgotten to all European patients 10 years after the end of their treatment, and up to five years after the end of treatment for patients whose diagnosis was made before the age of 18 in the area of creditworthiness assessment and ensure equal access to credit for cancer survivors. Consumers should provide information about their financial and economic situation in order to facilitate the creditworthiness assessment. In principle, credit should only made available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely to be met in the manner required under that agreement. However, should such assessment be negative, the creditor or the provider of crowdfunding credit services can exceptionally make credit available in specific and justified circumstances such as when they have a long-standing relationship with the consumer, or in case of loans to fund exceptional healthcare expenses, students loans or loans for consumers with disabilities. In such case, when deciding on whether or not to make the credit available to the consumer, the creditor or the provider of crowdfunding credit services should take into account the amount and the purpose of the credit, and the likelihood that the obligations resulting from the agreement will be met. However, a positive creditworthiness assessment should not constitute an obligation for the creditor to provide credit.
2022/03/16
Committee: IMCO
Amendment 188 #

2021/0171(COD)

Proposal for a directive
Recital 48
(48) The Proposal for a Regulation laying down harmonised rules on artificial intelligence (Artificial Intelligence Act), establishes that AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. In view of those high stakes, whenever the creditworthiness assessment involves automated processing, the consumer should have a right to obtain human intervention on the part of the creditor or providers of crowdfunding credit services. TWithout prejudice to the General Data Protection Regulation, the consumer should also have the right to obtain a meaningful explanation of the assessment made and of the functioning of the automated processing used, including among others the main variables, the logic and risks involved, as well as a right to express his or her point of view and to contest the assessment of the creditworthiness and the decision.
2022/03/16
Committee: IMCO
Amendment 191 #

2021/0171(COD)

Proposal for a directive
Recital 49
(49) To assess the credit status of a consumer, the creditor or the provider of crowdfunding credit services should have the ability to also consult credit databases. The legal and actual circumstances may require that such consultations vary in scope. To prevent any distortion of competition among creditors or providers of crowdfunding credit services, they should have access to private or public credit databases concerning consumers in a Member State where they are not established under non- discriminatory conditions compared with creditors or providers of crowdfunding credit services established in that Member State. Member States should facilitate the cross-border access to private or public databases, in compliance with the Regulation (EU) 2016/679 of the European Parliament and of the Council33 . To enhance reciprocity, credit databases should as a minimum hold information on consumers’ arrears in payment, in accordance with Union and national law. _________________ 33 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).
2022/03/16
Committee: IMCO
Amendment 205 #

2021/0171(COD)

Proposal for a directive
Recital 62
(62) The consumer should have the right to discharge his or her obligations before the date agreed in the credit agreement. As provided by the Court of Justice. The consumer should have the right to a reduction in the total cost of the credit in the event of early repayment of the credit includes all the costs imposed by creditor ofn the EU Lexitor ruling,34 the right of the consumer to a reduction in the total cost of the credit in the event of early repayment of the credit includes all the costs imposconsumer with the exclusion of up- front costs - insofar as they are preliminary and preparatory activities for the granting of the loan, and are fully exhausted at the time of granting the loan- that have been adequately identified and declared and the cost of third parties (e.g fee of credit intermediaries, insurance charges and taxes). As regards the method of reimbursement, the amortised cost criterion (interest curve) for the calculation of the proportional reduction of costs should apply unless it is otherwise regulated oin the consumertract taken in account. In the case of early repayment the creditor should be entitled to a fair and objectively justified compensation for the costs directly linked to the early repayment, taking into account also any savings thereby made by the creditor. However, in order to determine the method of calculating the compensation, it is important to respect several principles. The calculation of the compensation due to the creditor should be transparent and comprehensible to consumers already at the pre-contractual stage and in any case during the performance of the credit agreement. In addition, the calculation method should be easy for creditors to apply, and supervisory control of the compensation by the competent authorities should be facilitated. Therefore, and due to the fact that consumer credit is, given its duration and volume, not financed by long- term funding mechanisms, the ceiling for the compensation should be fixed in terms of a flat-rate amount. This approach reflects the specific nature of consumer credits and should not prejudice the approach in respect of other products which are financed by long-term funding mechanisms, such as fixed-rate mortgage loans. _________________ 34 Judgment of the Court of Justice of 11 September 2019, Lexitor, C-383/18, ECLI:EU:C:2019:702.
2022/03/16
Committee: IMCO
Amendment 212 #

2021/0171(COD)

Proposal for a directive
Recital 65
(65) The fixing of caps on interest rates, on annual percentage rates of charge and or the total cost of the credit to the consumer is a common practice in a number of Member States. Such capping has proved beneficial for consumers. In that context, Member States should be able to maintain their current legal regime. However, in an effort to increase consumer protection without imposing unnecessary limits on Member States,, Member States should be able to set caps on interest rates, on annual percentage rates of charge and or on the total cost of the credit to the consumer should be introduced throughout the Union.
2022/03/16
Committee: IMCO
Amendment 250 #

2021/0171(COD)

Proposal for a directive
Article 2 – paragraph 2 – point j a (new)
(j a) hiring or leasing agreements where an obligation to purchase the object of the agreement is not laid down either by the agreement itself or by any separate agreement;
2022/03/16
Committee: IMCO
Amendment 255 #

2021/0171(COD)

Proposal for a directive
Article 2 – paragraph 2 – point j b (new)
(j b) deferred debit cards when provided with a bank account;
2022/03/16
Committee: IMCO
Amendment 257 #

2021/0171(COD)

Proposal for a directive
Article 2 – paragraph 2 – point j c (new)
(j c) overdraft facilities where the credit has to be repaid within one month, when linked to a bank account
2022/03/16
Committee: IMCO
Amendment 270 #

2021/0171(COD)

Proposal for a directive
Article 2 – paragraph 6 a (new)
6 a. Member States may determine that articles 8(2)points d to f, 10(3a), 10(8), 11(2a), 21(3 )and 29 shall not apply to the following credit agreements: credit agreements involving a total amount of credit less than EUR 200; credit agreements in the form of an overdraft facility and where the credit has to be repaid within three months; credit agreements where the credit is granted free of interest and without any other charges; credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable.
2022/03/16
Committee: IMCO
Amendment 275 #

2021/0171(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 3
(3) ‘credit agreement’ means an agreement whereby a creditor grants or promises to grant to a consumer credit in the form of a deferred payment, loan or other similar financial accommodation, except for: (i) agreements for the provision on a continuing basis of services or for the supply of goods of the same kind, where the consumer pays for such services or goods for the duration of their provision by means of instalments; (ii) hiring or leasing agreements where an obligation to purchase the object of the agreement is not laid down either by the agreement itself or by any separate agreement;
2022/03/16
Committee: IMCO
Amendment 311 #

2021/0171(COD)

Proposal for a directive
Article 6
Member States shall ensure that the conditions to be fulfilled for being granted a credit do not discriminate against consumers legally resident in the Union on ground of their nationality or place of residence or on any ground as referred to in Article 21 of the Charter of Fundamental Rights of the European Union, when those consumers request, conclude or hold a credit agreement or crowdfunding credit services within the UnArticle 6 deleted Non-discrimination.
2022/03/16
Committee: IMCO
Amendment 342 #

2021/0171(COD)

Proposal for a directive
Article 8 – paragraph 3 a (new)
3 a. When the medium used to communicate the standard information does not allow for the information to be visually displayed in a simple manner, the consumer should be able to access further information by means of clicking or swiping;
2022/03/16
Committee: IMCO
Amendment 350 #

2021/0171(COD)

Proposal for a directive
Article 9 – paragraph 1
1. Member States shall ensure that clear and comprehensible general information about credit agreements or crowdfunding credit services is made available to consumers by creditors or, where applicable, by credit intermediaries or providers of crowdfunding credit services, at all times in electronic form, on paper or on another durable medium.
2022/03/16
Committee: IMCO
Amendment 361 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 1 – introductory part
1. Member States shall require that the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services provide the consumer with the pre-contractual information needed to compare different offers in order to take an informed decision on whether to conclude a credit agreement or crowdfunding credit services on the basis of the credit terms and conditions offered by the creditor or by the provider of crowdfunding credit services and, where applicable, the preferences expressed and information supplied by the consumer. Such pre-contractual information shall be provided to the consumer at least one dayin due time before the or sheconsumer is bound by any credit agreement or offer, or by any agreement or offer for the provision of crowdfunding credit services.
2022/03/16
Committee: IMCO
Amendment 367 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
In case the pre-contractual information referred to in the first subparagraph is provided less than one day before the consumer is bound by the credit agreement or offer, or by any agreement or offer for the provision of crowdfunding credit services, Member States shall require that the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services send a reminderprovide the pre-contractual information before the consumer is bound by the credit agreement or offer and send a reminder, by digital means, on paper or on another durable medium, to the consumer of the possibility to withdraw from the credit agreement or crowdfunding credit services and of the procedure to follow for withdrawing, in accordance with Article 26. That reminder shall be provided to the consumer, at the latest, one day after the conclusion of the credit agreement, of the agreement for the provision of crowdfunding credit services, or the acceptance of the credit offer.
2022/03/16
Committee: IMCO
Amendment 373 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 2
2. The pre-contractual information referred to in paragraph 1 shall be provided by digital means or on paper or on another durable medium by means of the Standard European Consumer Credit Information form set out in Annex I. All the information provided in the form shall be equally prominent. The creditor shall be deemed to have fulfilled the information requirements in this paragraph and in Article 3, paragraphs (1) and (2) of Directive 2002/65/EC if he or she has supplied the Standard European Consumer Credit Information.
2022/03/16
Committee: IMCO
Amendment 375 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – introductory part
3. The pre-contractual information referred to in paragraph 1 shall specify all of the following elements, displayed on the first page of the Standard European Consumer Credit Information form and in a prominent way and readable for the consumer:
2022/03/16
Committee: IMCO
Amendment 376 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point a
(a) the type of credit;deleted
2022/03/16
Committee: IMCO
Amendment 380 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point b
(b) the identity, geographical address, telephone number and email address of the creditor as well as, where applicable, the identity, geographical address, telephone number and email address of the credit intermediary and of the provider of crowdfunding credit services involved;deleted
2022/03/16
Committee: IMCO
Amendment 382 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point c
(c) the total amount of credit and the conditions governing the drawdown;
2022/03/16
Committee: IMCO
Amendment 383 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point d
(d) the duration of the credit agreement or crowdfunding credit services;deleted
2022/03/16
Committee: IMCO
Amendment 387 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point f
(f) the borrowing rate, or all borrowing rates where different borrowing rates apply in different circumstances, the conditions governing the application of each borrowing rate and, where available, any index or reference rate applicable to each initial borrowing rate , as well as the periods, conditions and procedures for changing each borrowing rate;
2022/03/16
Committee: IMCO
Amendment 390 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point g
(g) the annual percentage rate of charge and the total amount payable by the consumer, illustrated by means of a representative example mentioning all the assumptions used in order to calculate that rate; Where the consumer has informed the creditor or the provider of crowdfunding credit services of one or more components of his or her preferred credit, such as the duration of the credit agreement or of the agreement for the provision of crowdfunding credit services and the total amount of credit, the creditor or the provider of crowdfunding credit services shall take those components into account;
2022/03/16
Committee: IMCO
Amendment 392 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point h
(h) where a credit agreement or crowdfunding credit services provide different ways of drawdown with different charges or borrowing rates and the creditor uses the assumption set out in Part II, point (b), of Annex IV, an indication that other drawdown mechanisms for the relevant type of credit agreement or crowdfunding credit services may result in higher annual percentage rates of charge;deleted
2022/03/16
Committee: IMCO
Amendment 393 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point i
(i) the amount, number and frequency of payments to be made by the consumer and, where appropriate, the order in which payments will be allocated to different outstanding balances charged at different borrowing rates for the purposes of reimbursement;deleted
2022/03/16
Committee: IMCO
Amendment 394 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point j
(j) where applicable, the charges for maintaining one or several compulsory accounts recording both payment transactions and drawdowns, the charges for using a means of payment for both payment transactions and drawdowns, any other charges deriving from the credit agreement or crowdfunding credit services, and the conditions under which any of those charges may be changed;deleted
2022/03/16
Committee: IMCO
Amendment 395 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point k
(k) where applicable, any costs payable by the consumer to a notary on conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services;deleted
2022/03/16
Committee: IMCO
Amendment 396 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point l
(l) the obligation, if any, to enter into an ancillary service contract relating to the credit agreement or the crowdfunding credit services, where the conclusion of such a contract is compulsory in order to obtain the credit or to obtain it on the terms and conditions marketed;deleted
2022/03/16
Committee: IMCO
Amendment 397 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point m
(m) costs in the case of late payments, i.e. the interest rate applicable in the case of late payments and the arrangements for its adjustment, and, where applicable, any charges payable for default;
2022/03/16
Committee: IMCO
Amendment 398 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point n
(n) a warning regarding the consequences of missing or late payments;deleted
2022/03/16
Committee: IMCO
Amendment 402 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point o
(o) where applicable, the sureties requirdeleted;
2022/03/16
Committee: IMCO
Amendment 405 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point p
(p) the existence or absence of a right of withdrawal;
2022/03/16
Committee: IMCO
Amendment 406 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point q
(q) the right of early repayment, and, where applicable, information concerning the creditor's right to compensation and the way in which that compensation will be determined;deleted
2022/03/16
Committee: IMCO
Amendment 407 #

2021/0171(COD)

(r) the consumer's right to be informed immediately and free of charge, pursuant to Article 19(2), of the result of a database consultation carried out for the purposes of assessing his or her creditworthiness;deleted
2022/03/16
Committee: IMCO
Amendment 408 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point s
(s) the consumer's right, as set out in paragraph 8, to be supplied, on request and free of charge, with a copy of the draft credit agreement, or of the draft agreement for the provision of crowdfunding credit services, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services with the consumer;deleted
2022/03/16
Committee: IMCO
Amendment 410 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point t
(t) where applicable, an indication that the price was personalised on the basis of automated processing, including profiling;deleted
2022/03/16
Committee: IMCO
Amendment 411 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point u
(u) where applicable, the period of time during which the creditor or the provider of crowdfunding credit services is bound by the pre-contractual information provided in accordance with this Article;deleted
2022/03/16
Committee: IMCO
Amendment 412 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point v
(v) the possibility of having recourse to an out-of-court complaint and redress mechanism for the consumer and the methods for having access to it.deleted
2022/03/16
Committee: IMCO
Amendment 415 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 a (new)
3 a. The pre-contractual information referred to in paragraph 1 shall specify all of the following elements starting on the second page of the Standard European Consumer Credit Information form: (a) the type of credit; (b) the identity, geographical address, telephone number and email address of the creditor as well as, where applicable, the identity, geographical address, telephone number and email address of the credit intermediary and of the provider of crowdfunding credit services involved; (c) the conditions governing the drawdown; (d) the duration of the credit agreement or crowdfunding credit services; (e) in the case of a credit in the form of deferred payment for specific goods or services and in the case of linked credit agreements, the specific goods or services and their cash price; (f) the conditions governing the application of each borrowing rate and, where available, any index or reference rate applicable to each initial borrowing rate , as well as the periods, conditions and procedures for changing each borrowing rate; (g) the annual percentage rate of charge and the total amount payable by the consumer, illustrated by means of a representative example mentioning all the assumptions used in order to calculate that rate;Where the consumer has informed the creditor or the provider of crowdfunding credit services of one or more components of his or her preferred credit, such as the duration of the credit agreement or of the agreement for the provision of crowdfunding credit services and the total amount of credit, the creditor or the provider of crowdfunding credit services shall take those components into account; (h) where a credit agreement or crowdfunding credit services provide different ways of drawdown with different charges or borrowing rates and the creditor uses the assumption set out in Part II, point (b), of Annex IV, an indication that other drawdown mechanisms for the relevant type of credit agreement or crowdfunding credit services may result in higher annual percentage rates of charge; (i) the amount, number and frequency of payments to be made by the consumer and, where appropriate, the order in which payments will be allocated to different outstanding balances charged at different borrowing rates for the purposes of reimbursement;(j) where applicable, the charges for maintaining one or several compulsory accounts recording both payment transactions and drawdowns, the charges for using a means of payment for both payment transactions and drawdowns, any other charges deriving from the credit agreement or crowdfunding credit services, and the conditions under which any of those charges may be changed; (k) where applicable, any costs payable by the consumer to a notary on conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services; (l) the obligation, if any, to enter into an ancillary service contract relating to the credit agreement or the crowdfunding credit services, where the conclusion of such a contract is compulsory in order to obtain the credit or to obtain it on the terms and conditions marketed; (m) a warning regarding the consequences of missing or late payments; (n) where applicable, the sureties required; (o) the right of early repayment, and, where applicable, information concerning the creditor's right to compensation and the way in which that compensation will be determined; (p) the consumer's right to be informed immediately and free of charge, pursuant to Article 19(2), of the result of a database consultation carried out for the purposes of assessing his or her creditworthiness; (q) the consumer's right, as set out in paragraph 8, to be supplied, on request and free of charge, with a copy of the draft credit agreement, or of the draft agreement for the provision of crowdfunding credit services, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services with the consumer; (r) where applicable, an indication that the price was personalised on the basis of automated processing, including profiling; (s) where applicable, the period of time during which the creditor or the provider of crowdfunding credit services is bound by the pre-contractual information provided in accordance with this Article; (t) the possibility of having recourse to an out-of-court complaint and redress mechanism for the consumer and the methods for having access to it.
2022/03/16
Committee: IMCO
Amendment 419 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 4
4. At the same time as the Standard European Consumer Credit Information form is provided to the consumer, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services, shall provide the consumer with the Standard European Consumer Credit Overview form set out in Annex II, containing the following pre-contractual information: (a) the total amount of credit; (b) the duration of the credit agreement or of the agreement for the provision of crowdfunding credit services; (c) the borrowing rate, or all borrowing rates if different borrowing rates apply in different circumstances; (d) the annual percentage rate of charge and the total amount payable by the consumer; (e) in the case of a credit in the form of deferred payment for specific goods or services and in the case of linked credit agreements, the specific goods or services and their cash price; (f) costs in the case of late payments;deleted
2022/03/16
Committee: IMCO
Amendment 441 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 5 – introductory part
5. Information displayed in the Standard European Consumer Credit Information form and in the Standard European Consumer Credit Overview form shall be consistent. It shall be clearly legible and take into account the technical constraints of the medium on which it is displayed. Information shall be displayed in an adequate and suitable way on the different channels.
2022/03/16
Committee: IMCO
Amendment 446 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 5 – subparagraph 1
Any additional information which the creditor may provide to the consumer shall be given in a separate document which may be annexed to the Standard European Consumer Credit Information form or the Standard European Consumer Credit Overview form.
2022/03/16
Committee: IMCO
Amendment 457 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 7
7. If the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this article, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services shall provide the consumer with the Standard European Consumer Credit Information form and the Standard European Consumer Credit Overview form immediately after the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services.
2022/03/16
Committee: IMCO
Amendment 462 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 8
8. Upon request from the consumer, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services shall, in addition to the Standard European Consumer Credit Information form and the Standard European Consumer Credit Overview form, provide the consumer free of charge with a copy of the draft credit agreement, or of the draft agreement for the provision of crowdfunding credit services, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services with the consumer.
2022/03/16
Committee: IMCO
Amendment 469 #

2021/0171(COD)

Proposal for a directive
Article 11 – paragraph 1
1. For credit agreements referred to in Article 2(5) or (6), the pre-contractual information referred to in Article 10(1) shall, by way of derogation from paragraph 2 of that Article, be provided on paper or on another durable medium by means of the European Consumer Credit Information form set out in Annex III. All information provided in that form shall be equally prominent. The creditor shall be deemed to have fulfilled the information requirements in this paragraph and in Article 3, paragraphs (1) and (2) of Directive 2002/65/EC if he or she has supplied the European Consumer Credit Information.
2022/03/16
Committee: IMCO
Amendment 487 #

2021/0171(COD)

Proposal for a directive
Article 11 – paragraph 6
6. Upon request from the consumer, the creditor and, where applicable, the credit intermediary shall, in addition to the European Consumer Credit Information and the Standard European Consumer Credit Overview form, provide the consumer free of charge with a copy of the draft credit agreement, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement with the consumer.
2022/03/16
Committee: IMCO
Amendment 491 #

2021/0171(COD)

Proposal for a directive
Article 11 – paragraph 7
7. If the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this Article, the creditor shall immediately after the conclusion of the credit agreement provide the consumer with the European Consumer Credit Information form and the Standard European Consumer Credit Overview form immediately after the conclusion of the credit agreement.
2022/03/16
Committee: IMCO
Amendment 502 #

2021/0171(COD)

Proposal for a directive
Article 13 – paragraph 1
Without prejudice to Regulation 2016/679, Member States shall require that creditors, credit intermediaries and providers of crowdfunding credit services inform consumers when they are presented with a personalised offer that is based on profiling or other types of automated processing of personal data.
2022/03/16
Committee: IMCO
Amendment 515 #

2021/0171(COD)

Proposal for a directive
Article 14 – paragraph 3
3. By way of derogation from paragraph 1 and without prejudice to the application of competition law, Member States may allow tying practices where the creditor or the provider of crowdfunding credit services can demonstrate to the competent authority that the tied products or categories of product offered, on terms and conditions similar to each other, aresult in a clear of benefit to the consumers taking due account of the availability and the prices of the relevant products offered on the market.
2022/03/16
Committee: IMCO
Amendment 521 #

2021/0171(COD)

Proposal for a directive
Article 14 – paragraph 4 a (new)
4 a. This article does not prohibit the tying of an overdraft facility with the consumer’s payment account.
2022/03/16
Committee: IMCO
Amendment 529 #

2021/0171(COD)

Proposal for a directive
Article 16 – paragraph 3 – point d
(d) act in the best interests of the consumer by informing themselves about the consumer’s needs and circumstances and recommending suitable credit agreements;
2022/03/16
Committee: IMCO
Amendment 539 #

2021/0171(COD)

Proposal for a directive
Article 17 – title
Ban on unsolicited granting of credit sales
2022/03/16
Committee: IMCO
Amendment 544 #

2021/0171(COD)

Proposal for a directive
Article 17 – paragraph 1
Member States shall prohibit any salegranting of credit to consumers, without their prior request and explicit agreement.
2022/03/16
Committee: IMCO
Amendment 553 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 1
1. Member States shall require that, before concluding a credit agreement, or an agreement for the provision of crowdfunding credit services, the creditor or, where applicable, the provider of crowdfunding credit services makes a thoroughrelevant assessment of the consumer’s creditworthiness. That assessment shall be done in the interest of the consumer, to prevent irresponsible lending practices and over-indebtedness, and shall take appropriate and proportionate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services.
2022/03/16
Committee: IMCO
Amendment 561 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 2 – introductory part
2. The assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repayment, information on financial assets and liabilities, or information on other financial commitmentstaking into account the nature, duration, complexity and value of the credit provided. The information shall be obtained from relevant internal or external sources, including the consumer and,or where necessary, on the basis of a consultation of a database referred to in Article 19.
2022/03/16
Committee: IMCO
Amendment 567 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
The information obtained in accordance with this paragraph shall be appropriately verified, where necessary through reference to independently verifiable documentation or by using statistical methods within automated decision- making systems.
2022/03/16
Committee: IMCO
Amendment 582 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 3 – introductory part
3. Member States shall requiensure that the creditor or, where applicable, the provider of crowdfunding credit services establishes procedures for the assessment referred to in paragraph 1 and that theis required to reassess the consumer’s creditworthiness orn the provider of crowdfunding credit services documents and maintains such proceduresbasis of updated information before any significant increase in the total amount of credit is granted.
2022/03/16
Committee: IMCO
Amendment 583 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 3 a (new)
3 a. Member States shall guarantee that the right to be forgotten to all European patients 10 years after the end of their treatment, and up to five years after the end of treatment for patients whose diagnosis was made before the age of 18. Member States shall ensure equal access to credit for cancer survivors.
2022/03/16
Committee: IMCO
Amendment 586 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 4 – introductory part
4. Member States shall ensure that the creditor or the provider of crowdfunding credit services is only able to makes the credit available to the consumer where the result of the creditworthiness assessment indicates that there is no significant doubt that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely towill be met in the manner required under that agreement.
2022/03/16
Committee: IMCO
Amendment 601 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 6 – introductory part
6. Without prejudice to Regulation 2016/679, where the creditworthiness assessment involves the use of profiling or other automated processing of personal data, Member States shall ensure that the consumer has the right to: obtain human intervention for clear explanation, express his or her point of view and to contest the decision.
2022/03/16
Committee: IMCO
Amendment 604 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 6 – point a
(a) request and obtain human intervention on the part of the creditor or the provider of crowdfunding credit services to review the decision;deleted
2022/03/16
Committee: IMCO
Amendment 609 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 6 – point b
(b) request and obtain from the creditor or the provider of crowdfunding credit services a clear explanation of the assessment of creditworthiness, including on the logic and risks involved in the automated processing of personal data as well as its significance and effects on the decision;deleted
2022/03/16
Committee: IMCO
Amendment 614 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 6 – point c
(c) express his or her point of view and contest the assessment of the creditworthiness and the decision.deleted
2022/03/16
Committee: IMCO
Amendment 620 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 7
7. Member States shall ensure that where the credit application is rejected the creditor or the provider of crowdfunding credit services is required to inform the consumer without delay of the rejection and, where applicable, of the fact that the assessment of creditworthiness is based on automated processing of data.
2022/03/16
Committee: IMCO
Amendment 628 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 9
9. Member States whose legislationmay requires creditors or providers of crowdfunding credit services to assess the creditworthiness of consumers on the basis of a consultation of the relevant database may retain this requirement.
2022/03/16
Committee: IMCO
Amendment 677 #

2021/0171(COD)

Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2
The deadline referred to in the first subparagraph shall be deemed to have been met if the notification referred to in paragraph 3, point (a), is dispatched by the consumer to the creditor of to the provider of crowdfunding credit services before that deadline expires. If the creditor or the provider of crowdfunding credit services has not provided the consumer with the information on the right of withdrawal in accordance with Article 21(1) paragraph b) , the withdrawal period shall expire 14 days plus 12 months after the day of the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services.
2022/03/16
Committee: IMCO
Amendment 692 #

2021/0171(COD)

Proposal for a directive
Article 29 – paragraph 1
1. Member States shall ensure that the consumer is at any time entitled to early repayment. In such cases, the consumer shall be entitled to a reduction in the total cost of the credit, consisting of the interest and the costs for the remaining duration of the contract. When calculating that reduction, all the costs imposed on the consumer by the creditor, except for fees corresponding to services effectively provided to the consumer or to costs effectively incurred by the lender, as well as third party costs, shall be taken into consideration.
2022/03/16
Committee: IMCO
Amendment 704 #

2021/0171(COD)

Proposal for a directive
Article 31
Caps on interest rates, annual percentage rate of charge and the total cost of the 1. Member States shall introduce caps on one or more of the following: (a) interest rates applicable to credit agreements or to crowdfunding credit services; (b) the annual percentage rate of charge; (c) the total cost of the credit to the consumer. 2. Member States may introduce additional caps for revolving credit facilities.Article 31 deleted credit to the consumer
2022/03/16
Committee: IMCO
Amendment 754 #

2021/0171(COD)

Proposal for a directive
Article 36 – paragraph 1
Member States shall ensure that debt advisory services are made available to consumers who experience or might experience difficulties in meeting their financial commitments.
2022/03/16
Committee: IMCO
Amendment 761 #

2021/0171(COD)

Proposal for a directive
Article 37 – paragraph 1
Member States shall ensurequire that creditors, credit intermediaries and providers of crowdfunding credit services that are not credit institutions as defined in Article 4(1), point (1), of Regulation (EU) No 575/2013 are subject to an adequate admission process and to registration and supervision arrangements set up by an independent competent authority. The Commission shall regularly monitor and review the efficiency of the measures taken.
2022/03/16
Committee: IMCO
Amendment 766 #

2021/0171(COD)

Proposal for a directive
Article 37 – paragraph 1 a (new)
The possibility to offer consumer credits shall be restricted to those entities that have obtained the authorization referred to in Article 37 (1).
2022/03/16
Committee: IMCO
Amendment 805 #

2021/0171(COD)

Proposal for a directive
Annex II
STANDARD EUROPEAN CONSUMER CREDIT OVERVIEW [...] Wherever ‘where applicable’ is indicated, the creditor or the provider of crowdfunding credit services must fill in the box if the information is relevant to the credit product, or delete the information or the entire row where the information is not relevant for the type of credit concerned. Indications between square brackets provide explanations for the creditor or the provider of crowdfunding credit services and must be replaced with the corresponding information. The Standard European Consumer Credit Overview must be displayed on one page on top of the Standard European Consumer Credit Information form, be clearly legible and be adapted to take into account the technical constraints of media on which it is displayed.deleted
2022/03/16
Committee: IMCO
Amendment 806 #

2021/0171(COD)

Proposal for a directive
Annex II – paragraph 1
Wherever ‘where applicable’ is indicated, the creditor or the provider of crowdfunding credit services must fill in the box if the information is relevant to the credit product, or delete the information or the entire row where the information is not relevant for the type of credit concerned.deleted
2022/03/16
Committee: IMCO
Amendment 807 #

2021/0171(COD)

Proposal for a directive
Annex II – paragraph 2
Indications between square brackets provide explanations for the creditor or the provider of crowdfunding credit services and must be replaced with the corresponding information.deleted
2022/03/16
Committee: IMCO
Amendment 808 #

2021/0171(COD)

Proposal for a directive
Annex II – paragraph 3
The Standard European Consumer Credit Overview must be displayed on one page on top of the Standard European Consumer Credit Information form, be clearly legible and be adapted to take into account the technical constraints of media on which it is displayed.deleted
2022/03/16
Committee: IMCO
Amendment 52 #

2021/0136(COD)

Proposal for a regulation
Recital 31
(31) Secure electronic identification and the provision of attestation of attributes should offer additional flexibility and solutions for the financial services sector to allow identification of customers and the exchange of specific attributes necessary to comply with, for example, customer due diligence requirements under the Anti Money Laundering Regulation, [reference to be added after the adoption of the proposal], with suitability requirements stemming from investor protection legislation, or to support the fulfilment of strong customer authentication requirements for account login and initiation of transactions in the field of payment services.
2022/05/24
Committee: IMCO
Amendment 54 #

2021/0136(COD)

Proposal for a regulation
Recital 31 a (new)
(31 a) Strong user authentication covers sectorial use cases that mandate strong authentication using two factors. For example, strong user authentication supports strong customer authentication requirements for account login and initiation of transactions in the field of payment services.
2022/05/24
Committee: IMCO
Amendment 78 #

2021/0136(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6a – paragraph 3 – point b
(b) sign by means of qualified electronic signatures and electronic seals.
2022/05/24
Committee: IMCO
Amendment 100 #

2021/0136(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
6 a. The European Digital Identity Wallet shall ensure a secure, reliable, explicit, conscious and active user confirmation of its operation, including in case the data or features are distributed in several locations.
2022/05/24
Committee: IMCO
Amendment 110 #

2021/0136(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 COM(2021)0281
10 a. The provisions of this Regulation do not prevent Member States from using physical electronic identification means beside the European Digital Identity Wallet.
2022/05/24
Committee: IMCO
Amendment 131 #

2021/0136(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 16
COM(2021)0281
Article 12b – paragraph 2
2. Where private relying parties providing services are required by national or Union law, to use strong user authentication for online identification, or where strong user authentication is required by contractual obligation, including in the areas of transport, energy, banking and financial services, social security, health, drinking water, postal services, digital infrastructure, education or telecommunications, private relying parties shall also acceptoffer and accept in a non- discriminatory way and in easily accessible manner the use of European Digital Identity Wallets issued in accordance with Article 6a.
2022/05/24
Committee: IMCO
Amendment 109 #

2021/0114(COD)

Proposal for a regulation
Article 6 – paragraph 6
(6) Where the undertaking concerned proposes to repay the foreign subsidy including an appropriate interest rate, the Commission shall accept such repayment as commitment if it can ascertain that the repayment is transparent and effective, while taking into account the risk of circumvention. The Commission shall only accept the repayment on the condition that the repayment will fully remedy the distortion caused to the internal market, but never more than the cost of the distortion.
2022/02/02
Committee: IMCO
Amendment 113 #

2021/0114(COD)

Proposal for a regulation
Article 6 – paragraph 6 a (new)
(6a) The Commission shall always consider any voluntary commitments offered by the undertaking in question with reference to Article 6 (point 3, 5 and 6), before gradually imposing structural remedies.
2022/02/02
Committee: IMCO
Amendment 117 #

2021/0114(COD)

Proposal for a regulation
Article 12 – paragraph 1 a (new)
(1a) A court order authorising the Commission, and other involved officials, shall be issued before an inspection can be carried out at the premise of the undertaking concerned within the Union.
2022/02/02
Committee: IMCO
Amendment 311 #

2021/0106(COD)

Proposal for a regulation
Citation 5 a (new)
Having regard to the opinion of the European Central Bank,
2022/06/13
Committee: IMCOLIBE
Amendment 348 #

2021/0106(COD)

Proposal for a regulation
Recital 5
(5) A Union legal framework laying down harmonised rules on artificial intelligence is therefore needed to foster the development, use and uptake of artificial intelligence in the internal market that at the same time meets a high level of protection of public interests, such as health and safety and the protection of fundamental rights, as recognised and protected by Union law. To achieve that objective, rules regulating the placing on the market and putting into service of certain AI systems should be laid down, thus ensuring the smooth functioning of the internal market and allowing those systems to benefit from the principle of free movement of goods and services. By laying down those rules as well as measures in support of innovation with a particular focus on SMEs and start-ups, this Regulation supports the objective of the Union of being a global leader in the development of secure, trustworthy and ethical artificial intelligence, as stated by the European Council33 , and it ensures the protection of ethical principles, as specifically requested by the European Parliament34 . _________________ 33 European Council, Special meeting of the European Council (1 and 2 October 2020) – Conclusions, EUCO 13/20, 2020, p. 6. 34 European Parliament resolution of 20 October 2020 with recommendations to the Commission on a framework of ethical aspects of artificial intelligence, robotics and related technologies, 2020/2012(INL).
2022/06/13
Committee: IMCOLIBE
Amendment 358 #

2021/0106(COD)

Proposal for a regulation
Recital 6
(6) The notion of AI system should be clearly defined to ensure legal certainty, while providing the flexibility to accommodate future technological developments. Therefore, the term AI system should be defined in line with internationally accepted definitions. The definition should be based on the key functional characteristics of the softwareAI systems, in particular the ability, for a given set of human-defined objectives, to generate outputs such as content, predictions, recommendations, or decisions which influence the environment with which the system interacts, be it in air physical or digital dimensionenvironment. AI systems can be designed to operate with varying levels of autonomy and be used on a stand- alone basis or as a component of a product, irrespective of whether the system is physically integrated into the product (embedded) or serve the functionality of the product without being integrated therein (non-embedded). The definition of AI system should be complemented by a list of specific techniques and approaches used for its development, which should be kept up-to– date in the light of market and technological developments through the adoption of delegated acts by the Commission to amend that list. In order to ensure alignment of definitions on an international level, the European Commission should engage in a dialogue with international organisations such as the Organisation for Economic Cooperation and Development (OECD), should their definitions of the term ‘AI system’ be adjusted.
2022/06/13
Committee: IMCOLIBE
Amendment 375 #

2021/0106(COD)

Proposal for a regulation
Recital 8
(8) The notion of remote biometric identification system as used in this Regulation should be defined functionally, as an AI system intended for the identification of natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, and without prior knowledge whether the targeted person will be present and can be identified, irrespectively of the particular technology, processes or types of biometric data used. Considering their different characteristics and manners in which they are used, as well as the different risks involved, a distinction should be made between ‘real-time’ and ‘post’ remote biometric identification systems. In the case of ‘real-time’ systems, the capturing of the biometric data, the comparison and the identification occur all instantaneously, near-instantaneously or in any event without a significant delay. In this regard, there should be no scope for circumventing the rules of this Regulation on the ‘real- time’ use of the AI systems in question by providing for minor delays. ‘Real-time’ systems involve the use of ‘live’ or ‘near- ‘live’ material, such as video footage, generated by a camera or other device with similar functionality. In the case of ‘post’ systems, in contrast, the biometric data have already been captured and the comparison and identification occur only after a significant delay. This involves material, such as pictures or video footage generated by closed circuit television cameras or private devices, which has been generated before the use of the system in respect of the natural persons concerned. The notion of remote biometric identification system shall not include authentification and verification systems whose purpose is to confirm, based on prior consent, that a specific natural person is the person he or she claims to be or to confirm the identity of a natural person for the purpose of having access to a service, a device or premises.
2022/06/13
Committee: IMCOLIBE
Amendment 393 #

2021/0106(COD)

Proposal for a regulation
Recital 11
(11) In light of their digital nature, certain AI systems should fall within the scope of this Regulation even when they are neither placed on the market, nor put into service, nor used in the Union. This is the case for example of an operator established in the Union that contracts certain services to an operator established outside the Union in relation to an activity to be performed by an AI system that would qualify as high-risk and whose effects impact natural persons located in the Union. In those circumstances, the AI system used by the operator outside the Union could process data lawfully collected in and transferred from the Union, and provide to the contracting operator in the Union the output of that AI system resulting from that processing, without that AI system being placed on the market, put into service or used in the Union. To prevent the circumvention of this Regulation and to ensure an effective protection of natural persons located in the Union, this Regulation should also apply to providers and users of AI systems that are established in a third country, to the extent the output produced by those systems is used in the Union. Nonetheless, to take into account existing arrangements and special needs for cooperation with foreign partners with whom information and evidence is exchanged, this Regulation should not apply to public authorities of a third country and international organisations when acting in the framework of international agreements concluded at national or European level for law enforcement and judicial cooperation with the Union or with its Member States. Such agreements have been concluded bilaterally between Member States and third countries or between the European Union, Europol and other EU agencies and third countries and international organisations. This exception should nevertheless be limited to trusted countries and international organizations that share the Union’s values.
2022/06/13
Committee: IMCOLIBE
Amendment 399 #

2021/0106(COD)

Proposal for a regulation
Recital 12 a (new)
(12 a) This Regulation should not undermine research and development activity and should respect freedom of science. It is therefore necessary to exclude from its scope AI systems specifically developed and put into service for the sole purpose of scientific research and development and to ensure that the Regulation does not otherwise affect scientific research and development activity on AI systems. As regards product oriented research activity by providers, the provisions of this Regulation should apply insofar as such research leads to or entails placing of an AI system on the market or putting it into service. Under all circumstances, any research and development activity should be carried out in accordance with recognised ethical standards for scientific research.
2022/06/13
Committee: IMCOLIBE
Amendment 404 #

2021/0106(COD)

Proposal for a regulation
Recital 12 b (new)
(12 b) Given the complexity of the value chain for AI systems, it is essential to clarify the role of persons who may contribute to the development of AI systems covered by this Regulation, without being providers and thus being obliged to comply with the obligations and requirements established herein. It is necessary to clarify that general purpose AI systems - understood as AI systems that are able to perform generally applicable functions such as image/speech recognition, audio/video generation, pattern detection, question answering, translation etc. - should not be considered as having an intended purpose within the meaning of this Regulation, unless those systems have been adapted to a specific intended purpose that falls within the scope of this Regulation. Initial providers of general purpose AI systems should therefore only have to comply with the provisions on accuracy, robustness and cybersecurity as laid down in Art. 15 of this Regulation. If a person adapts a general purpose AI application to a specific intended purpose and places it on the market or puts it into service, it shall be considered the provider and be subject to the obligations laid down in this Regulation. The initial provider of a general purpose AI application shall, after placing it on the market or putting it to service, and without compromising its own intellectual property rights or trade secrets, provide the new provider with all essential, relevant and reasonably expected information that is necessary to comply with the obligations set out in this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 428 #

2021/0106(COD)

Proposal for a regulation
Recital 16
(16) The placing on the market, putting into service or use of certain AI systems intended to distort human behaviour, whereby physical or psychological harms are likely to occur, should be forbidden. SuchIn particular, AI systems that deploy subliminal components individualthat natural persons cannot perceive or, that exploit the vulnerabilities of children and people due to their age, physical or mental incapacities. They do soany groups,or that use purposefully manipulative techniques with the intention to materially distort the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person or to their rights or to the values of the Union should be prohibited. The intention may not be presumed if the distortion of human behaviour results from factors external to the AI system which are outside of the control of the provider or the user. Research for legitimate purposes in relation to such AI systems should not be stifled by the prohibition, if such research does not amount to use of the AI system in human- machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research.
2022/06/13
Committee: IMCOLIBE
Amendment 430 #

2021/0106(COD)

Proposal for a regulation
Recital 16
(16) The placing on the market, putting into service or use of certain AI systems intended towith the objective to or the effect of distorting human behaviour, whereby physical or psychological harms are reasonably likely to occur, should be forbidden. Such AI systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age, physical or mental incapacitiesspecific groups of persons due to their age, disabilities, social or economic situation. They do so with the intention to materially distort the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. The intention may not be presumed if the distortion of human behaviour results from factors external to the AI system which are outside of the control of the provider or the user. Research for legitimate purposes in relation to such AI systems should not be stifled by the prohibition, if such research does not amount to use of the AI system in human- machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research.
2022/06/13
Committee: IMCOLIBE
Amendment 515 #

2021/0106(COD)

Proposal for a regulation
Recital 24 a (new)
(24 a) Fundamental rights in the digital sphere have to be guaranteed to the same extent as in the offline world. The right to privacy needs to be ensured, amongst others through end-to-end encryption in private online communication and the protection of private content against any kind of general or targeted surveillance, be it by public or private actors. Therefore, the use of AI systems violating the right to privacy in online communication services should be prohibited.
2022/06/13
Committee: IMCOLIBE
Amendment 534 #

2021/0106(COD)

Proposal for a regulation
Recital 30
(30) As regards AI systems that are safety components of products, or which are themselves products, falling within the scope of certain Union harmonisation legislation, it is appropriate to classify them as high-risk under this Regulation if the product in question undergoes the conformity assessment procedure in order to ensure compliance with essential safety requirements with a third-party conformity assessment body pursuant to that relevant Union harmonisation legislation. In particular, such products are machinery, toys, lifts, equipment and protective systems intended for use in potentially explosive atmospheres, radio equipment, pressure equipment, recreational craft equipment, cableway installations, appliances burning gaseous fuels, medical devices, and in vitro diagnostic medical devices.
2022/06/13
Committee: IMCOLIBE
Amendment 546 #

2021/0106(COD)

Proposal for a regulation
Recital 33
(33) Technical inaccuracies of AI systems intended for the remote biometric identification of natural persons can lead to biased results and entail discriminatory effects. This is particularly relevant when it comes to age, ethnicity, sex or disabilities. Therefore, ‘real-time’ and ‘post’ remote biometric identification systems should be classified as high-risk, except for verification or authentification systems whose sole purpose is to confirm that a specific natural person is the person he or she claims to be, and systems that are used to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises. In view of the risks that they pose, both types of remote biometric identification systems should be subject to specific requirements on logging capabilities and human oversight.
2022/06/13
Committee: IMCOLIBE
Amendment 554 #

2021/0106(COD)

Proposal for a regulation
Recital 34
(34) As regards the management and operation of critical infrastructure, it is appropriate to classify as high-risk the AI systems intended to be used as safety components in the management and operation of road traffic and the supply of water, gas, heating and electricity, and internet, since their failure or malfunctioning may put at risk the life and health of persons at large scale and lead to appreciable disruptions in the ordinary conduct of social and economic activities.
2022/06/13
Committee: IMCOLIBE
Amendment 563 #

2021/0106(COD)

Proposal for a regulation
Recital 36
(36) AI systems used for making autonomous decisions or materially influencing decisions in employment, workers management and access to self- employment, notably for the recruitment and selection of persons, for making decisions on promotion and termination and for task allocation, monitoring or evaluation of persons in work-related contractual relationships, should also be classified as high-risk, since those systems may appreciably impact future career prospects and livelihoods of these persons. Relevant work-related contractual relationships should involve employees and persons providing services through platforms as referred to in the Commission Work Programme 2021. Such persons should in principle not be considered users within the meaning of this Regulation. Throughout the recruitment process and in the evaluation, promotion, or retention of persons in work-related contractual relationships, such systems may perpetuate historical patterns of discrimination, for example against women, certain age groups, persons with disabilities, or persons of certain racial or ethnic origins or sexual orientation. AI systems used to monitor the performance and behaviour of these persons may also impact their rights to data protection and privacy.
2022/06/13
Committee: IMCOLIBE
Amendment 576 #

2021/0106(COD)

Proposal for a regulation
Recital 37
(37) Another area in which the use of AI systems deserves special consideration is the access to and enjoyment of certain essential private and public services and benefits necessary for people to fully participate in society or to improve one’s standard of living. In particular, AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. AI systems used for this purpose may lead to discrimination of persons or groups and perpetuate historical patterns of discrimination, for example based on racial or ethnic origins, disabilities, age, sexual orientation, or create new forms of discriminatory impacts. Considering the very limited scale of the impact and the available alternatives on the market, it is appropriate to exempt AI systems for the purpose of creditworthiness assessment and credit scoring when put into service by small-scale providerSMEs and start-ups for their own use. Natural persons applying for or receiving public assistance benefits and services from public authorities are typically dependent on those benefits and services and in a vulnerable position in relation to the responsible authorities. If AI systems are used for determining whether such benefits and services should be denied, reduced, revoked or reclaimed by authorities, they may have a significant impact on persons’ livelihood and may infringe their fundamental rights, such as the right to social protection, non- discrimination, human dignity or an effective remedy. Those systems should therefore be classified as high-risk. Nonetheless, this Regulation should not hamper the development and use of innovative approaches in the public administration, which would stand to benefit from a wider use of compliant and safe AI systems, provided that those systems do not entail a high risk to legal and natural persons. Finally, AI systems used to dispatch or establish priority in the dispatching of emergency first response services should also be classified as high- risk since they make decisions in very critical situations for the life and health of persons and their property.
2022/06/13
Committee: IMCOLIBE
Amendment 599 #

2021/0106(COD)

Proposal for a regulation
Recital 40
(40) Certain AI systems intended for the administration of justice and democratic processes should be classified as high-risk, considering their potentially significant impact on democracy, rule of law, individual freedoms as well as the right to an effective remedy and to a fair trial. In particular, to address the risks of potential biases, errors and opacity, it is appropriate to qualify as high-risk AI systems intended to assist judicial authorities in researching and interpreting facts andor the law and infor applying the law to a concrete set of facts. Such qualification should not extend, however, to AI systems intended for purely ancillary administrative activities that do not affect the actual administration of justice in individual cases, such as anonymisation or pseudonymisation of judicial decisions, documents or data, communication between personnel, administrative tasks or allocation of resources.
2022/06/13
Committee: IMCOLIBE
Amendment 613 #

2021/0106(COD)

Proposal for a regulation
Recital 42
(42) To mitigate the risks from high-risk AI systems placed or otherwise put into service on the Union market for users and affected persons, certain mandatory requirements should apply, taking into account the intended purpose of the use of the system and according to the risk management system to be established by the provider. These requirements should be objective-driven, fit to purpose, reasonable and effective, without adding undue regulatory burdens or costs on operators.
2022/06/13
Committee: IMCOLIBE
Amendment 713 #

2021/0106(COD)

Proposal for a regulation
Recital 70
(70) Certain AI systems intended to interact with natural persons or to generate content may pose specific risks of impersonation or deception irrespective of whether they qualify as high-risk or not. In certain circumstances, the use of these systems should therefore be subject to specific transparency obligations without prejudice to the requirements and obligations for high-risk AI systems. In particular, natural persons should be notified that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use or where the content is part of an obviously artistic, creative or fictional cinematographic work. Moreover, natural persons should be notified when they are exposed to an emotion recognition system or a biometric categorisation system. Such information and notifications should be provided in accessible formats for persons with disabilities. Further, users, who use an AI system to generate or manipulate image, audio or video content that appreciably resembles existing persons, places or events and would falsely appear to a person to be authentic, should disclose, in an appropriate, clear and visible manner, that the content has been artificially created or manipulated by labelling the artificial intelligence output accordingly and disclosing its artificial origin.
2022/06/13
Committee: IMCOLIBE
Amendment 720 #

2021/0106(COD)

Proposal for a regulation
Recital 71
(71) Artificial intelligence is a rapidly developing family of technologies that requires novel forms of regulatory oversight and a safe space for experimentation, while ensuring responsible innovation and integration of appropriate safeguards and risk mitigation measures. To ensure a legal framework that is innovation-friendly, future-proof and resilient to disruption, national competent authorities from one or more Member States should be encouraged to establish artificial intelligence regulatory sandboxes to facilitate the development and testing of innovative AI systems under strict regulatory oversight before these systems are placed on the market or otherwise put into service. Member States should ensure that the regulatory sandboxes have the adequate financial and human resources for their proper functioning.
2022/06/13
Committee: IMCOLIBE
Amendment 733 #

2021/0106(COD)

Proposal for a regulation
Recital 73
(73) In order to promote and protect innovation, it is important that the interests of small-scaletart-ups and SME providers and users of AI systems are taken into particular account. To this objective, Member States should develop initiatives, which are targeted at those operators, including on awareness raising and information communication. Moreover, the specific interests and needs of small-scale providerSMEs and start-ups shall be taken into account when Notified Bodies set conformity assessment fees. Translation costs related to mandatory documentation and communication with authorities may constitute a significant cost for providers and other operators, notably those of a smaller scale. Member States should possibly ensure that one of the languages determined and accepted by them for relevant providers’ documentation and for communication with operators is one which is broadly understood by the largest possible number of cross-border users.
2022/06/13
Committee: IMCOLIBE
Amendment 773 #

2021/0106(COD)

Proposal for a regulation
Recital 85
(85) In order to ensure that the regulatory framework can be adapted where necessary, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend the techniques and approaches referred to in Annex I to define AI systems, the Union harmonisation legislation listed in Annex II, the high-risk AI systems listed in Annex III, the provisions regarding technical documentation listed in Annex IV, the content of the EU declaration of conformity in Annex V, the provisions regarding the conformity assessment procedures in Annex VI and VII and the provisions establishing the high-risk AI systems to which the conformity assessment procedure based on assessment of the quality management system and assessment of the technical documentation should apply. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including with industry, civil society, other stakeholders, and at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making58 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 58 OJ L 123, 12.5.2016, p. 1.
2022/06/13
Committee: IMCOLIBE
Amendment 802 #

2021/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point e a (new)
(e a) measures in support of innovation with a particular focus on SMEs and start-ups, including the setting up of regulatory sandboxes and the reduction of regulatory burdens.
2022/06/13
Committee: IMCOLIBE
Amendment 1208 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c – point i
(i) detrimental or unfavourable treatment of certain natural persons or whole groups thereof in social contexts whichthat are unrelated to the contexts in which the data was originally generated or collected;
2022/06/13
Committee: IMCOLIBE
Amendment 1614 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 4 – introductory part
4. The risk management measures referred to in paragraph 2, point (d) shall be such that any relevant residual risk associated with each hazard as well as the overall residual risk of the high-risk AI systems is judged acceptable, provided that the high- risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse. Those residual risks shall be communicated to the user.
2022/06/13
Committee: IMCOLIBE
Amendment 2139 #

2021/0106(COD)

Proposal for a regulation
Article 41 – paragraph 2
2. The Commission, when preparing the common specifications referred to in paragraph 1, shall gather the views of relevant stakeholders, including industry, start-ups, and SMEs, and of relevant bodies or expert groups established under relevant sectorial Union law.
2022/06/13
Committee: IMCOLIBE
Amendment 70 #

2020/2223(INI)

Draft opinion
Paragraph 7 b (new)
7b. Underlines the risk of market distortions and of generating an uneven playing field due to increased divergences between the levels of State aid support granted by Member States when applying the Temporary State aid Framework during the COVID-19 pandemic; calls on the Commission to undertake in a timely manner a detailed evaluation of its impact on the Single Market and to put forward medium and long term measures with the aim of bridging the gap and supporting European companies, with a particular focus on SMEs;
2021/01/08
Committee: IMCO
Amendment 2 #

2020/2217(INI)

Motion for a resolution
Citation 7 a (new)
- having regard to the Member States Joint Declaration on Cloud of 15 October 2020;
2020/11/12
Committee: ITRE
Amendment 5 #

2020/2217(INI)

Draft opinion
Paragraph 1
1. Welcomes the Commission’s intention to create a genuine single market for data as it will be the backbone of Europe’s data economy, while promoting and protecting European data processing rules and standards, in full compliance with EU legislation; considers that ensuring trust in digital services is fundamental for the digital single market and should be at the heart of both public policy and business models;
2020/11/17
Committee: IMCO
Amendment 7 #

2020/2217(INI)

Draft opinion
Paragraph 1
1. Welcomes the Commission’s intention to create a genuine single market for data as it will be the backbone of Europe’s data economy and EU's competitiveness; considers that ensuring trust in digital services is fundamental for the digital single market and should be at the heart of both public policy and business models;
2020/11/17
Committee: IMCO
Amendment 11 #

2020/2217(INI)

Motion for a resolution
Recital A
A. whereas digitalisation hakeeps transformeding the economy, society and citizens’ daily lives, and whereas data, which is duplicated every 18 months, is at the heart of this transformation;
2020/11/12
Committee: ITRE
Amendment 20 #

2020/2217(INI)

Draft opinion
Paragraph 2
2. Urges the Commission to empower consumers to putwith particular attention to vulnerable groups, with the objective of putting them in control of their data, and to ensurelso by ensuring digital literacy gaps are addressed and guaranteeing the non- burdensome exercise of their rights and ensuring that the single market for data is grounded in European values and fairness in competition, as well as to prevent lock- in effects and risks of discrimination; believes that citizens’ data could help in developing innovative green solutions and services that would benefit European consumers and companies; asks the Commission to consider how to support data altruism in full compliance with European legislation;
2020/11/17
Committee: IMCO
Amendment 21 #

2020/2217(INI)

Motion for a resolution
Recital B
B. whereas data is an essential resource for economic growth, job creation and societal progress and is a key enabler of the transition to green and climate- neutral societies as well as in boosting Europe's global competitiveness;
2020/11/12
Committee: ITRE
Amendment 25 #

2020/2217(INI)

Draft opinion
Paragraph 2
2. Urges the Commission to empower consumers to put them in control of their data and to ensure that the single market for data is grounded in European values and fairness in competition; believes that citizens’ data could help in developing innovative green solutions and services that would benefit European consumers and companies; asks the Commission to consider how to support data altruismprovide a specific legal basis and a clear definition of "data altruism" and consider how to support it in full compliance with European legislation;
2020/11/17
Committee: IMCO
Amendment 25 #

2020/2217(INI)

Motion for a resolution
Recital B a (new)
B a. whereas incentivising the use of data and increasing data access and availability, together with more legal certainty, will represent a competitive advantage for micro, SMEs and start-ups in order to reap the benefits of the digital transition;
2020/11/12
Committee: ITRE
Amendment 35 #

2020/2217(INI)

Draft opinion
Paragraph 2 a (new)
2a. Believes that the current fragmentation of the single market and diverging rules between Member States are hampering the development of a genuine common European data space and calls for effective and coordinated actions to leverage the scale of the EU single market;
2020/11/17
Committee: IMCO
Amendment 39 #

2020/2217(INI)

Draft opinion
Paragraph 2 b (new)
2b. Considers that ensuring access to data is crucial for citizens but also for our businesses' innovation and growth, especially for start-ups and small and medium-sized enterprises (SMEs) and welcomes the actions foreseen by the European Commission in its communication to tackle the current lack of data availability;
2020/11/17
Committee: IMCO
Amendment 42 #

2020/2217(INI)

Draft opinion
Paragraph 2 c (new)
2c. Asks the Member States to fully implement the Directive on open data and the re-use of public sector information ("Open Data Directive") and the Commission and Member States to promote a culture of wide reuse of available data; furthermore, highlights the need to ensure easy access to data to all relevant institutional and societal actors and to economic operators, especially to SMEs and start-ups, tackling the existing barriers and promoting the use of modern web and API-based services for convenient and fast retrieval, browsing and processing of available data;
2020/11/17
Committee: IMCO
Amendment 45 #

2020/2217(INI)

Draft opinion
Paragraph 3
3. Highlights the need to create a single European data space with the aim of ensuring the free flow of non-personal data across borders and sectors; stresses the importance to extend the flow of data also to third countries, provided that the compliance with the EU data protection legal framework is ensured; underlines the principle of the free flow of non-personal data as imperative for a single market for data, providing a level playing field for data sharing between stakeholders; considers that business-to-business (B2B) and business-to-government (B2G) data sharing should be voluntary, while participation in data spaces should be incentivized, and while mandatory access to data should also be envisaged to remedy potential market failures;
2020/11/17
Committee: IMCO
Amendment 50 #

2020/2217(INI)

Draft opinion
Paragraph 3 a (new)
3a. Underlines that consistent and adequate mechanisms for international transfer of personal data are essential to allow European companies to operate with secured confidence and legal certainty worldwide; welcomes in this regard the Commission's international approach to minimise the fragmentation of the global digital markets by pushing joint standards and fostering the sharing of data between trusted countries, while protecting and promoting EU's fundamental values and data protection rules;
2020/11/17
Committee: IMCO
Amendment 51 #

2020/2217(INI)

Draft opinion
Paragraph 3 a (new)
3a. Underlines that a safe and trusted ecosystem where storing, processing and exchanging data under the highest cybersecurity standards is a precondition for the development of a truly single market for data and for the creation of the new data spaces; recalls that increased connectivity brings about increased cyber threats and welcomes the announced revision of the Directive on security of network and information systems ("NIS Directive") to improve the current EU Cybersecurity legal framework;
2020/11/17
Committee: IMCO
Amendment 54 #

2020/2217(INI)

Draft opinion
Paragraph 3 a (new)
3a. Stresses that the infrastructure and technology must be developed and harmonised at the Single Market level; calls on the Commission to undertake the project of an European Single Market infrastructure, analysing the less developed regions and areas in order to ensure the same level of access to the data single market so that no one is left behind;
2020/11/17
Committee: IMCO
Amendment 55 #

2020/2217(INI)

Motion for a resolution
Recital E
E. whereas the Union should be an active global player in setting rules and standards based on its values;
2020/11/12
Committee: ITRE
Amendment 63 #

2020/2217(INI)

Draft opinion
Paragraph 3 b (new)
3b. Stresses the economic and societal importance of easily accessible and free of charge public sector data in the view of their re-use; calls for clear rules for business-to-government (B2G) data sharing, in particular with regards to possible fees to be derived from the costs related to the processing of requests for re-use of data;
2020/11/17
Committee: IMCO
Amendment 66 #

2020/2217(INI)

Draft opinion
Paragraph 3 b (new)
3b. Urges the Commission to prioritise the need of the investment in the storage capacity of the European Union companies; calls on the Commission to create dedicated financial mechanisms to support the urgent development of the data storage and processing capacities;
2020/11/17
Committee: IMCO
Amendment 66 #

2020/2217(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Commission communication entitled ‘A European strategy for data’; believes that it is a prerequisite for the EU to acquire a leading role in the data economy and for the viability of European industries and nascent AI, and a vital step towards a democratic data society, which will bring better services, growth and jobs;
2020/11/12
Committee: ITRE
Amendment 70 #

2020/2217(INI)

Draft opinion
Paragraph 3 c (new)
3c. Calls on the Member States for an effective implementation of the Regulation on the free flow of non- personal data, with the objective to allow data to be stored and processed everywhere in the EU without unjustified restrictions; recalls that data localisation requirements within the Union are prohibited unless justified on grounds of public security in compliance with the principle of proportionality and reminds that any such existing requirements must be repealed by 30 May 2021;
2020/11/17
Committee: IMCO
Amendment 71 #

2020/2217(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Underlines that Artificial Intelligence (AI) relies on high-quality and increased data availability to create data sets able to train algorithms and improve their performance;
2020/11/12
Committee: ITRE
Amendment 72 #

2020/2217(INI)

Motion for a resolution
Paragraph 1 b (new)
1 b. Highlights that the significant increase in the amount of data available, particularly as a result of smart connected objects, and the broader data access and use will entail challenges related to data quality, data bias and data protection and security or unfair trading conditions that will have to be addressed;
2020/11/12
Committee: ITRE
Amendment 75 #

2020/2217(INI)

Motion for a resolution
Paragraph 2
2. Notes that the COVID-19 crisis has highlights the role of real-time dated how crucial the digital transformation and the availability of a wide range of technologies is for our economy and society, notably preserving continuity of all activities, and the role of real-time data; stresses that the ongoing emergency situation is showing shortcomings and vulnerabilities both at EU and Member States' level in the digital area;
2020/11/12
Committee: ITRE
Amendment 79 #

2020/2217(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Recalls the role Recovery and Resilience Facility should play in contributing to the digital agenda and supports the proposed 20% earmarking for digital for each national plan; calls on Member States to provide adequate resources for EU relevant programmes such as Digital Europe Programme, Connecting Europe Facility and Horizon Europe to support digital priorities, in order to improve Europe's competitiveness in the global digital economy and reinforce the Union’s strategic autonomy;
2020/11/12
Committee: ITRE
Amendment 84 #

2020/2217(INI)

Motion for a resolution
Paragraph 2 b (new)
2 b. Stresses the need to continue addressing effectively the digital divide both across and within Member States, including by improving access to broadband and ICT services, thus promoting cohesion and economic and social development; regrets that currently only 60% of European remote and rural areas have access to high-speed broadband connections and highlights the role that satellites and other space-based assets and services will play in providing connectivity in those areas, building the preconditions for a full digital transformation;
2020/11/12
Committee: ITRE
Amendment 86 #

2020/2217(INI)

Draft opinion
Paragraph 4
4. Underlines the need to improve access to European cloud services and to address interoperability issues, which now constitute a significant barrier for an effective data sharing, by including codes of conduct, certification and standards, in a ‘cloud rulebook’; considers proportionality to be the guiding principle for data quality and interoperability requirements; calls on the Commission to consider promoting existing standards to avoid unnecessary transaction costs and to provide high quality standards for sectors and data spaces of high importance for significant societal challenges.;
2020/11/17
Committee: IMCO
Amendment 89 #

2020/2217(INI)

Draft opinion
Paragraph 4 a (new)
4a. Recognises the rise of the edge computing paradigm, especially considering the ongoing rollout of 5G networks and subsequent business models, and stresses the need to make sure that technical and legal solutions for providing effective access to data on the edge are found; emphasises the urgent need to address the emerging cybersecurity and data interoperability challenges that the unprecedented scale and the distributed nature of edge computing brings along, including the challenges in machine authentication, data provenance, privacy, and integrity;
2020/11/17
Committee: IMCO
Amendment 91 #

2020/2217(INI)

Draft opinion
Paragraph 4 a (new)
4a. Stresses the importance of the availability of some personal data for the research and policy making in domains like public health, pharmaceutical, social services, education and others, therefore calls on the Commission to create clear mechanisms for gathering these data in an unitary way and for the availability of the data f3or all the stakeholders in the Single Market in accordance with the European privacy standards making sure that the data cannot be linked to specific persons;
2020/11/17
Committee: IMCO
Amendment 92 #

2020/2217(INI)

Motion for a resolution
Paragraph 3
3. Believes that the Union’s aim must be an EU-governed, human-centric, data- driven economy and society builtased on trust andhe EU values of privacy, transparency and respect of fundamental rights; and freedoms and thus built on trust and in the interests of European citizens and businesses, in compliance with data protection, competition law and intellectual property rights;
2020/11/12
Committee: ITRE
Amendment 99 #

2020/2217(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Notes that the data economy and the cloud infrastructure market is currently dominated by a restricted number of non-European players, acting as de facto rule-setters; stresses that this raises concerns over compliance with EU rules on data protection, market practices, security and users' control over strategic data;
2020/11/12
Committee: ITRE
Amendment 100 #

2020/2217(INI)

Draft opinion
Paragraph 4 b (new)
4b. Recognises the potential of the increase of the amount of data from self- driving vehicles, the potential for the innovation they bring to the industry and to the economy, but also the security hazards that come with it, therefore stresses the need of a European legislative framework to store, process and analyse these data in a secure manner in compliance with the European values and the GDPR;
2020/11/17
Committee: IMCO
Amendment 102 #

2020/2217(INI)

Draft opinion
Paragraph 4 b (new)
4b. Welcomes the intention to address the current limitations of the data portability and to enhance the portability rights for individuals under the Article 20 of the GDPR;
2020/11/17
Committee: IMCO
Amendment 105 #

2020/2217(INI)

Draft opinion
Paragraph 4 c (new)
4c. Underlines the close link between data and AI and stresses that data availability and data quality are crucial for the development of effective, well- functioning and unbiased systems of artificial intelligence;
2020/11/17
Committee: IMCO
Amendment 111 #

2020/2217(INI)

Motion for a resolution
Paragraph 4
4. Notes that a well-built data society21st century data- driven society should be designed in a way to benefits all, empowers workers instead of lowering their working conditions, and does not lead toing citizens, consumers, workers, entrepreneurs, researchers and to prevent inequality or digital gaps;
2020/11/12
Committee: ITRE
Amendment 113 #

2020/2217(INI)

Motion for a resolution
Paragraph 5
5. Stresses that the increasing volume, development, sharing, storage and processing of industrial and public data in the Union is a source of growth and innovation that should be tapped; believes that this growth can be enhanced via a level playing field and strong multi-player fair market economy, competitive and open market economy; considers it crucial to ensure legal consistency of future proposals related to data with relevant existing legislation and international rules;
2020/11/12
Committee: ITRE
Amendment 120 #

2020/2217(INI)

Motion for a resolution
Paragraph 6
6. Stresses that the Union’s data strategy must support and contribute as much as possible to sustainability, the Green Deal and Union’s climate targets; urges to take appropriate measures to reduce the ICT sector's environmental footprint and greenhouse gas emissions, accompanied by detailed impact assessments, including by preventing planned obsolescence and by improving the energy efficiency of data centres; stresses that the Union's data strategy must also be in line with the objectives of the SME and Industrial Strategy to make sure that our industries are at the forefront of the digital transformation and are able to compete fully at global level;
2020/11/12
Committee: ITRE
Amendment 133 #

2020/2217(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Calls on the Commission to clarify further the notion of "public good" and "public interest" purposes for utilisation of data;
2020/11/12
Committee: ITRE
Amendment 138 #

2020/2217(INI)

Motion for a resolution
Paragraph 7
7. Supports the creation of a data governance framework for common European data spaces, subject to EU rules and covering interoperability, sharing, access and, portability and security of data, to enhance the flow and reuse of industrial and public data both at cross-sector and sector-specific level;
2020/11/12
Committee: ITRE
Amendment 141 #

2020/2217(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Stresses that the deployment of European data spaces should prioritise crucial economic sectors, the public sector and other areas of public interest and calls on the Commission to assess the addition of further data spaces in the future; considers that European data spaces should serve as an example for transparency and proper balance between all interests at stake;
2020/11/12
Committee: ITRE
Amendment 150 #

2020/2217(INI)

Motion for a resolution
Paragraph 8
8. Insists that the data governance model be built on a decentralised data operating environmenCalls on the Commission to assess thoroughly how to build the data governance model; notes that both centralised and decentralised data operating environments entail advantages and risks; acknowledges that the decentralised model offers more guarantees in terms of privacy safeguards and data minimisation, as less data is stored in central servers; stresses that the assessment should duly take into account the cybersecurity aspect;
2020/11/12
Committee: ITRE
Amendment 160 #

2020/2217(INI)

Motion for a resolution
Paragraph 9
9. Calls foron the creation of a Commission-led body that wouldCommission to set common Union-wide guidelines on data governance and to assess thoroughly the need to create a Commission-led body in charge of it, using existing staffing; cCalls foron the Commission to exchange regularly with all stakeholders such as citizens, civil society and businesses to be adequately represented inimprove the governance of data spaces;
2020/11/12
Committee: ITRE
Amendment 162 #

2020/2217(INI)

Motion for a resolution
Paragraph 10
10. Urges the Commission to build interoperable sectoral data spaces that follow common guidelines to avoid creating silos and preventing cross-sectoral innovations; stresses that the management of sectorial data spaces should complement or be in line with requirements and procedures foreseen in sectorial existing legislation in order to guarantee legal certainty;
2020/11/12
Committee: ITRE
Amendment 168 #

2020/2217(INI)

Motion for a resolution
Paragraph 11
11. Encourages the Commission to use data spaces to enhance trust, create common standards and build well-formed application programming interfaces (APIs), and to consider using pre-agreed sandboxes to test innovations and new business models as well as new data management and processing tools; considers it crucial to avoid any risk of unauthorised access to data spaces by third parties and to create tools to counter possible misconducts;
2020/11/12
Committee: ITRE
Amendment 177 #

2020/2217(INI)

Motion for a resolution
Paragraph 12
12. Notes the need to help private and public sector actors to identify the data they possess and catalogue and increaseat guidelines and frameworks resulting from the European data strategy should ensure that both private and public sector actors are able to capitalise on the data they generate and possess, increasing and incentivising the findability of data to fuel data spaces; calls on the Commission to fundexplore initiatives to improve the findability of metadata within data spaces;
2020/11/12
Committee: ITRE
Amendment 180 #

2020/2217(INI)

Motion for a resolution
Paragraph 13
13. Recalls the key role that will be played by "data intermediaries" as structural enabler to pool data and organise data flows; Welcomes the Commission’s plans for intermediatorries labelling/certification for creation of interoperable and non-discriminatory data ecosystems and markets open to all actors, notably in those sectors that will not be covered under the scope of Common data spaces;
2020/11/12
Committee: ITRE
Amendment 185 #

2020/2217(INI)

Motion for a resolution
Paragraph 14
14. Recalls that personal and non- personal data, such as industrial data, are not always separable or difficult and costly to separate with the result that a high amount of data remains currently unused; urges the Commission to define guidance on andlawful processing of data and on practices in the utilisation of mixed data sets in industrial environments while guaranteeing privacy rules for personal data, such as standardised criteria to ensure sufficient levels of anonymisation and aggregation, in accordance with data protection legislation; calls on the Commission to consider creating a horizontal and cross- cutting personal data space alongside other data spaces to address the challenge of mixed data sets and empower citizens via, for example, trustworthy intermediators such as MyData operators, which store data with the consent of the owners;
2020/11/12
Committee: ITRE
Amendment 191 #

2020/2217(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Recalls the importance of establishing a clear definition and clear rules on "data altruism", including the possible purposes such as for the public good; stresses that data donation should be conditional on informed consent and should always be revocable;
2020/11/12
Committee: ITRE
Amendment 199 #

2020/2217(INI)

Motion for a resolution
Paragraph 15
15. Urges the Commission to present a data act to encourage and enable an increasing and fair B2B, B2G, G2B and G2G flow of data in all sectors, inter alia clarifying rights of utilisation, notably in B2B, B2G market settings and enhancing the portability right of individuals under art 20 GDPR, avoiding lock-in effects;
2020/11/12
Committee: ITRE
Amendment 207 #

2020/2217(INI)

Motion for a resolution
Paragraph 16
16. Encourages the Commission to facilitate voluntary data sharing schemeincrease legal certainty for data sharing and facilitate voluntary schemes as well as more standardised contractual agreements, building on existing models and best practices, to incentivise the exchange of data, particularly for micro, SMEs and start-ups while taking duly into account the legitimate interests of companies related to trade secrets, sensitive data and Intellectual Property rights;
2020/11/12
Committee: ITRE
Amendment 216 #

2020/2217(INI)

Motion for a resolution
Paragraph 17
17. Notes that there are specific circumstances, such as systematic imbalances in B2B data value chains, including in contractual agreements, where access to data should be compulsory e.g. via well-formed APIsAPIs that ensure equal access to all players or implementing competition rules to counter business-to-business unfair or illegal practices, without altering the level playing field;
2020/11/12
Committee: ITRE
Amendment 219 #

2020/2217(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Considers it important to guarantee that technical support is provided to companies, especially micro, SMEs and start-ups, both at national and European level to enhance the use and sharing of data;
2020/11/12
Committee: ITRE
Amendment 222 #

2020/2217(INI)

Motion for a resolution
Paragraph 18
18. Calls on the Commission to examine actors’ rights to access data they have been involved in generating and improve their awareness;
2020/11/12
Committee: ITRE
Amendment 227 #

2020/2217(INI)

Motion for a resolution
Paragraph 19
19. Calls on the Commissall EU Institutions and the Member States as well as local and regional administrations to lead by example and provide real-time services and a policy based on real-time data; stresses that digitisalisation represents an opportunity for Public Administrations (PAs) to reduce unnecessary administrative burdens and existing silos among public bodies and authorities, in order to manage effectively citizens' data;
2020/11/12
Committee: ITRE
Amendment 231 #

2020/2217(INI)

Motion for a resolution
Paragraph 20
20. Calls for more and better secondary uses of anonymised personal data, especially in G2B/G2G exchanges, to boost innovation, and research and servicesimprove services in the public interest;
2020/11/12
Committee: ITRE
Amendment 244 #

2020/2217(INI)

Motion for a resolution
Paragraph 22
22. RemindsCalls on the Member States to fully implement the Open Data Directive, including by improving the publication of data, in terms of quality, timing and categories, and calls on the Commission and the Member States to respect Open Data Directiveits objectives when negotiating the implementing act on high-value data sets; Stresses the importance both for economy and society of wide reuse of public sector data free of charge which should be - to the extent possible - 'real-time' or at least up-to-date, easy to access and process thanks to machine-readable and user- friendly formats; calls for these data sets to include inter alia a list of company and business registers;
2020/11/12
Committee: ITRE
Amendment 260 #

2020/2217(INI)

Motion for a resolution
Paragraph 23
23. Calls on the Commission and the Member States, in order to strengthen the Union’s technological sovereignty, to work on technologies that, including high capacity infrastructures that boost connectivity and facilitate data sharing and analytics, and to invest in capacity building and high-impact projects to promote research, innovation and deployment of digital technologies;
2020/11/12
Committee: ITRE
Amendment 271 #

2020/2217(INI)

Motion for a resolution
Paragraph 24
24. Recalls that the success of the Union’s data and AI strategies depends on the wider ICT ecosystem, closing the digital gap, developing the IoT, fibre, 5G, 6G, quantum, edge computing, block chain and high-performance computing; recalls that increased connectivity exposes to increased cyber threats and crime and in this context supports the joint and coordinated approach on the EU toolbox on 5G cybersecurity and the secure 5G deployment in the EU;
2020/11/12
Committee: ITRE
Amendment 285 #

2020/2217(INI)

Motion for a resolution
Paragraph 25
25. Calls on the Commission to promote competitive markets to support the development of European cloud offerings, e.g. Gaia-x which is a leading example of federated data infrastructures, creating an ecosystem that allows the scalability of EU cloud providers;
2020/11/12
Committee: ITRE
Amendment 289 #

2020/2217(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Calls on the Commission and Member States to co-invest in and create synergies among different spending programmes for the European cloud federation and for the deployment of the underlying high capacity connectivity infrastructures (e.g. submarine cables);
2020/11/12
Committee: ITRE
Amendment 294 #

2020/2217(INI)

Motion for a resolution
Paragraph 26
26. Calls on the Commission to develop a ‘cloud rule book’ that will represent a solid framework to enhance clarity and facilitate compliance for cloud services and inter alia to oblige service providers to reveal where data is stored and ensure users have sovereignty over their data and create synergies with code of conducts for data portability and cloud provider switching already foreseen in the Regulation on the free flow of non- personal data (FFD);
2020/11/12
Committee: ITRE
Amendment 301 #

2020/2217(INI)

Motion for a resolution
Paragraph 26 a (new)
26 a. Welcomes the upcoming launch of a European Alliance for Industrial Data and Clouds and welcomes the efforts towards creating a European Alliance of Processors;
2020/11/12
Committee: ITRE
Amendment 305 #

2020/2217(INI)

Motion for a resolution
Paragraph 27
27. Emphasises the importance of trust and cybersecurity for a stable data economy, notably in countering cyber threats against trade secrets; urges the Commission to present solutions suited to market players of all sizes, especially to micro and SMEs;
2020/11/12
Committee: ITRE
Amendment 311 #

2020/2217(INI)

Motion for a resolution
Paragraph 27 a (new)
27 a. Welcomes the upcoming review of the Directive on security of network and information systems (NIS Directive) in order to improve cyber resilience and respond more effectively to cyber-attacks;
2020/11/12
Committee: ITRE
Amendment 317 #

2020/2217(INI)

Motion for a resolution
Paragraph 28
28. Recognises the potential of data access to accelerate scientific research; welcomes the Commission’s work in enabling the sharing of data for research; in the light of the current sanitary crisis, considers it crucial to speed up the creation of a European Health Data Space, which will improve research and enhance the ability to use data, including creating diagnostics that better match patients and medicines; welcomes the development of the European Open Science Cloud (EOSC) as an open, trusted and federated environment in Europe to store, share and re-use research data across borders;
2020/11/12
Committee: ITRE
Amendment 335 #

2020/2217(INI)

Motion for a resolution
Paragraph 30
30. Calls for public and private funding for micro and SMEs to fully capitalise on data economy’s potential;
2020/11/12
Committee: ITRE
Amendment 345 #

2020/2217(INI)

Motion for a resolution
Paragraph 31
31. Calls on social partners to explore the potential of digitalisation, data and AI to increase productivity, improve well- being of the workforce and invest in upskilling and reskilling;
2020/11/12
Committee: ITRE
Amendment 351 #

2020/2217(INI)

Motion for a resolution
Paragraph 32
32. Believes that global rules governing the use of data are inadequate; calls on the Commission to and that the European Union should lead the creation of international standards, notably on data storage and processing, working with like-minded third countries to agree on new international standards to govern the use of new technologies, such as AIin order to regulate the use of new technologies, such as AI, IoT and 5G, while promoting our values and principles and making sure that our market remains competitive and open to the rest of the world;
2020/11/12
Committee: ITRE
Amendment 361 #

2020/2217(INI)

Motion for a resolution
Paragraph 33
33. Calls for the free flow of data between the Union and third countries only when privacy, security and other legitimate public policy interests are met and when an adequate level of data protection is guaranteed e.g. via ad hoc adequacy decisions; calls on the Commission to negotiate new rules for the global digital economy, including the prohibition of unjustified data localisation requirements; recalls the importance of advancing in e- commerce negotiations at WTO level;
2020/11/12
Committee: ITRE
Amendment 50 #

2020/2216(INI)

Motion for a resolution
Paragraph 7
7. Calls on the Commission to increase support for key enablers of the digital economyaim at an innovation-friendly regulatory environment for enablers of the digital economy and to strengthen the financial and institutional support for the European digital economy in close coordination with Member States and stakeholders;
2021/01/26
Committee: IMCO
Amendment 58 #

2020/2216(INI)

Motion for a resolution
Paragraph 9
9. Calls on the Commission to ensure wider coordination of investment in the NextGenerationEU recovery plan; calls on the Commission to propose concrete actions within this plan to support key digital enablers and high impact technologies in the EU;
2021/01/26
Committee: IMCO
Amendment 68 #

2020/2216(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission to work to position the EU as leader in the adoption and standardisation process for new technologies; highlights the need to work with industry and also with international partners on setting global standards; in this regard, welcomes the Commission’s proposal from December 2020 for a new transatlantic agenda, which highlights the importance of cooperating with the US on technology and standards;
2021/01/26
Committee: IMCO
Amendment 138 #

2020/2216(INI)

Motion for a resolution
Paragraph 21
21. Considers that AI is a fast moving technology that requires effective legislation; believes that to achieve this AI needs to be functionally and broadly defined in a manner that covers all automated decision-making, complex algorithmic-based systems and machine or deep learning processes so, a concrete definition of AI is not necessary so that any regulatory measures can remain flexible and adaptable in order to take into account future developments; reminds that there is no common definition on cybersecurity or even the internet;
2021/01/26
Committee: IMCO
Amendment 146 #

2020/2216(INI)

Motion for a resolution
Paragraph 23
23. Believes the regulatory framework needs to build public trust in AI while allowing companies to develop automated systems without losing the confidence of their customersupport the development of trustworthy AI systems and should ensure high consumer protection standards in order to strengthen consumer’s confidence in AI enabled products; believes also that the regulatory framework should ensure transparency, and provide for clear communication of the relevant requirements to both consumers and regulatory authorities;
2021/01/26
Committee: IMCO
Amendment 171 #

2020/2216(INI)

Motion for a resolution
Paragraph 29
29. cCalls on the Commission and the Member States to make use of innovative regulatory tools such as ‘regulatory sandboxes’ to help provide a clear path to scale-up for start-ups and small companies, regardless oftaking the risk profile and the possible welfare gain of their product into account; believes that these tools can help encourage innovation without any detriment to consumer protection;
2021/01/26
Committee: IMCO
Amendment 178 #

2020/2216(INI)

Motion for a resolution
Paragraph 30
30. Believes that the use of AI in a high-risk AIcontext should be limited to specific and clearly warranted purposes, in full respect of the applicable law and subject to transparency obligations; underlines that thisonly a clear and legally certain legislative framework will be decisive for ensuring public trust and support for the necessity and proportionality of the deployment of such technologies; calls on the Commission to carefully consider whether there are certain use cases, situations or practices for which specific technical standards, including underlying algorithms, should be adopted; deems necessary, should such technical standards be adopted, that these are regularly reviewed and re-evaluated, given the fast pace of technological development;
2021/01/26
Committee: IMCO
Amendment 181 #

2020/2216(INI)

Motion for a resolution
Paragraph 31
31. Calls on the Member States to encourage and support the establishment of specialised review boards for AI products and services Commission and the Member States to ensure close cooperation and mutual recognition of decisions when enforcing the Member States to assess the potential benefits and potential harm stemming from high-risk, impactful AI-based projectsregulatory framework in order to prevent a fragmented Single Market;
2021/01/26
Committee: IMCO
Amendment 187 #

2020/2216(INI)

Motion for a resolution
Paragraph 32
32. Highlights the importance of education and research for AI; calls on the Commission and the Member States to establish an EU centre of excellence for AI; considers that this should be done with the involvement of universities, companies and research institusupports the establishment of the European Network of Artificial Intelligence Excellence Centres; believes that this network should help to strengthen the exchange of knowledge on AI, support AI related talent within the EU and attract new talent, foster the cooperations; believes that such a centre can help totween science and AI developers as well as provide specialised training and development for regulatory authorities;
2021/01/26
Committee: IMCO
Amendment 195 #

2020/2216(INI)

Motion for a resolution
Paragraph 33
33. Calls on the Commission to update the existing liabiliproduct liability and product safety framework in order to address new challenges posed by emerging digital technologies such as artificial intelligence;
2021/01/26
Committee: IMCO
Amendment 69 #

2020/2077(INI)

Draft opinion
Paragraph 2 a (new)
2a. Calls on the Commission to steer the activities of the Horizon Europe program towards supporting research and innovation to increase efficiency of industrial processes, develop innovative and sustainable products, processes, technologies and services and non- technological solutions for the circular economy, particularly in the areas of circular industries and circular bio-based solutions.
2020/10/27
Committee: ITRE
Amendment 77 #

2020/2077(INI)

Draft opinion
Paragraph 2 c (new)
2c. Believes that the objectives of the Horizon Europe programme should include: - developing affordable breakthrough innovations and deploying a combination of advanced technologies and processes and innovative solutions so as to extract maximum value from all Resources; - enabling bioeconomy through bio-based innovation encompassing the sustainable sourcing, industrial processing and conversion of biomass from land and sea into bio-based materials and products; - fostering systemic eco-innovative solutions, new business models, markets and investments, enabling infrastructure, social innovation changes in consumer behaviour, and governance models stimulating multi-stakeholder collaboration through the whole value chain to ensure that the intended system change achieves better outcomes;
2020/10/27
Committee: ITRE
Amendment 80 #

2020/2077(INI)

Draft opinion
Paragraph 2 d (new)
2d. Emphasises the role that the Knowledge and Innovation Communities within the framework of the European Institute of Innovation and Technology play by bringing together universities, research organizations and businesses, in particular SMEs, in developing innovative solutions for and initiatives on circular economy which should be one of the key tools to reach European Green Deal goals.
2020/10/27
Committee: ITRE
Amendment 107 #

2020/2077(INI)

Draft opinion
Paragraph 4 a (new)
4a. Emphasises the role that the Knowledge and Innovation Communities within the framework of the European Institute of Innovation and Technology play by bringing together universities, research organizations and businesses, in particular SMEs, in developing innovative solutions for and initiatives on circular economy which should be one of the key tools to reach European Green Deal goals.
2020/10/27
Committee: ITRE
Amendment 136 #

2020/2077(INI)

Draft opinion
Paragraph 7 a (new)
7a. Stresses that artificial intelligence can be an enabler and accelerator of the transition to a circular economy helping to unlock circular economy opportunities by improving design, operating business models, and optimising infrastructure, boost developments of completely new circular products and businesses and help traditional players in their transition to become more circular.
2020/10/27
Committee: ITRE
Amendment 138 #

2020/2077(INI)

Draft opinion
Paragraph 7 a (new)
7a. Recognises that digitalisation has an important role to play in enhancing the application of circular economy principles. Urges the Commission and the Member States to maximise and fully exploit the synergies between digitalisation and circular economy in order to, inter alia, reduce energy- intensive extraction of raw materials and increase the resilience and sustainability of the EU's economy; considers that early development of digital tools in the context of circular economy will help the EU to become global leader in using digitally- enabled Solutions; at the same time, the Commission and the Member States should introduce a digital reviews of the circular economy transition and a sustainability reviews of the digital transition in order to prevent negative externalities.
2020/10/27
Committee: ITRE
Amendment 16 #
2020/06/30
Committee: ITRE
Amendment 28 #

2020/2076(INI)

Motion for a resolution
Recital A
A. whereas the Union requires a new industrial strategy that makes its industries more globally competitive, resilientinnovative, inclusive, resilient, digitalised and environmentally sustainable; whereas such a strategy should cover the transition of European industries to digitalisation and climate-neutrality, strengthen European leadership and competitiveness and decrease dependency from other parts of the world in strategic value chains, while preserving an open market, prioritising the ‘energy efficiency first’ principles, energy savings and decarbonised and renewable energy technologies;
2020/06/30
Committee: ITRE
Amendment 53 #

2020/2076(INI)

Motion for a resolution
Recital B
B. whereas the Union’s industrial strategy should ensure the correctfull functioning of the single market, create a level playing field inside and outside EU in particular by making reciprocal access to markets a principle and ensure easier access to finance, raw materials and markets, in addition to ensuring appropriate levels of investment, research and innovation, education and skills to boost competitiveness and sustainability;
2020/06/30
Committee: ITRE
Amendment 56 #

2020/2076(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the Union’s sovereignty and strategic autonomy require an autonomous and competitive industrial base and a massive effort in research and innovation; whereas the industrial strategy should contain an action plan to strengthen shorten and diversify the supply chains of European industry in order reduce over-reliance on few markets and increase their resilience as well as a strategy on smart reshoring to increase the production and investments in strategic sectors, redeploy industries in Europe and relocate industrial production in some strategic sectors for the EU;
2020/06/30
Committee: ITRE
Amendment 72 #

2020/2076(INI)

Motion for a resolution
Recital C
C. whereas the COVID-19 pandemic and its fallout have created an unprecedented economic downturn in Europe; whereas, all sectors of the economy have been impacted ,in particular SMEs across sectors, and some have come to a complete standstill; this is particularly the case for the tourism and catering industry, the creative and cultural industry, but also for more traditional industries (automotive, building, space, aeronautics, aluminium, steel, textiles, etc.); whereas in this context any future- looking industrial strategy should start by addressing industrial recovery while taking into account industrial long-term objectives;
2020/06/30
Committee: ITRE
Amendment 86 #

2020/2076(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas the COVID-19 pandemic, that has led to a shortage of medical devices and medicinal products, has once again revealed that Europe is over- dependent on foreign imports of raw materials and particularly for strategic sectors;
2020/06/30
Committee: ITRE
Amendment 97 #

2020/2076(INI)

Motion for a resolution
Recital D a (new)
Da. whereas the economic downturn demonstrated the crucial role played by social shields in the event of economic shocks and the importance of ensuring access to social protection for all, especially for young, atypical or vulnerable workers;
2020/06/30
Committee: ITRE
Amendment 102 #

2020/2076(INI)

Motion for a resolution
Paragraph 1
1. Is of the opinion that digital and environmental transitions and strategic leadership and autonomy should be at the very core of all Unions strategies until 2050; in this context, calls on the Commission to define a comprehensive industrial strategy which manages these transitions, fosters transformation and guarante, creates long-term growth and global competitiveness based on innovation and strategic value chains, strengthens the entrepreneurial spirit, encourages the creation and upscaling of start-ups and companies and improves the Union’s strategic resilience and autonomy;
2020/06/30
Committee: ITRE
Amendment 123 #

2020/2076(INI)

Motion for a resolution
Paragraph 2
2. ICalls for an inclusive industrial strategy that include all industrial ecosystems, SMEs, regions, communities and workers in its development and its implementation; is aware that market dynamics alone do not bridge the fractures created during the transformation process if there is no proper management of the transitions and no strong industrial policies; is, furthermore, aware that while markets, competition and innovation push fast towards transformation, it is society and the environment that face the impact of these transformations; considers that balancing out the number of jobs lost in traditional industries with new jobs created in the digital and environmental sectors is not enough in itself as these new jobs are neither created in the same regions nor taken up by the same workers; calls on the Commission, therefore, to ensure that these transitions are fair and socially just, and that every action aimed at accelerating a transformation process (digital, environmental, etc.) is accompanied by a corresponding initiative to up-skill and reskill workers, with the aim of managing the effects produced by that accelerated process on both regions and peoplEuropean production of essential products such as emission-intensive materials is transformed into a cleaner alternative rather than replaced by imports of the same products and that these transitions are fair and socially just, go hand-in-hand with the full implementation of the European Pillar of Social Rights, improved social and living standards and good working conditions, and that every action aimed at accelerating a transformation process (digital, environmental, etc.) is accompanied by a corresponding initiative to up-skill and reskill workers, with the aim of managing the effects produced by that accelerated process on both regions and the most vulnerable people; calls on the Commission and the Member States to anticipate and map the industry needs for skilled labour in order to deliver skills strategies that overcome labour demand and supply mismatch, to develop knowledge-based economy that empowers citizens to adapt and accelerate the digital and environmental transition; call on the Commission to make full use of and increase the amounts allocated to the European Globalisation Adjustment Fund to financially support workers made redundant, as a result of restructuring due to Covid19 or due to the digital and environmental transformations, in their retraining, re-skilling and reintegration into the labour market in sectors of the future;
2020/06/30
Committee: ITRE
Amendment 151 #

2020/2076(INI)

Motion for a resolution
Paragraph 3
3. Considers, in the current context, that the Union requires a new, tailor-made industrial strategy that focuses on two distinct phases; the first aimed at recovery and the second aimed at reconstruction and transformation; considers nevertheless that the investments which, from the recovery phase onwards, support and accelerate the digital and environmental transformation and strengthen the autonomy of the Union should be encouraged; calls on the Commission, therefore, to adapt the strategy published in March 2020 to the current situation and address both phases, while keeping the digital and environmental objectives, the Union’s sovereignty and its strategic autonomy as priorities throughout;
2020/06/30
Committee: ITRE
Amendment 152 #

2020/2076(INI)

Motion for a resolution
Paragraph 3
3. Considers, in the current context, that the Union requires a new, tailor-made industrial strategy that focuses on two distinct phases; the first aimed at recovery and the second aimed at reconstruction and transformation; calls on the Commission, therefore, to adapt the strategy published in March 2020 to the current situation and address both phases, while keeping the digital and environmental objectives as priorities throughout; calls on the Commission and the Member States to take into account when granting funds that the recovery phase represents an opportunity to accelerate the transformation of our industries towards a greener, innovative, inclusive and sovereign Europe;
2020/06/30
Committee: ITRE
Amendment 164 #

2020/2076(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Stresses the importance of coherent and coordinated EU approach in supporting European industries, in particular SMEs and safeguarding the employment in Europe for preserving and strengthening the Single market to the benefit of European citizens and businesses;
2020/06/30
Committee: ITRE
Amendment 173 #

2020/2076(INI)

Motion for a resolution
Paragraph 4
4. Welcomes the measures taken by the Union to deal with the COVID-19 crisis, the injection of liquidity by the ECB, the relaxation of the rules of the Stability Pact, the increase in the EIB’s capital for SMEs and the SURE initiative to help Member States finance short-time working arrangements, maintain employment and protect workers; welcomes the Temporary State Aid framework as a way to promptly transfer liquidity where urgently needed; calls on the Commission nonetheless to ensure that the aid provided in the emergency phase is justified by the consequences of the pandemic, does not lead to permanent distortions in the single market; and that no strategic sector is neglected;
2020/06/30
Committee: ITRE
Amendment 186 #

2020/2076(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Welcomes the Commission proposal to create a new recovery instrument, Next Generation EU of €750 billion; calls for an ambitious and stronger long-term EU budget for 2021- 2027, having regard to the Resolution of the European Parliament on the new multiannual financial framework, own resources and the recovery plan (2020/2631(RSP));
2020/06/30
Committee: ITRE
Amendment 188 #

2020/2076(INI)

Motion for a resolution
Paragraph 4 b (new)
4b. Welcomes the identification of 14 ecosystems by the Commission and the inclusive approach of bringing together all actors operating in a value chain in order to promote European leadership in strategic sectors and competitiveness on the global stage; underlines the need to ensure that SME will thrive within each ecosystem;
2020/06/30
Committee: ITRE
Amendment 189 #

2020/2076(INI)

Motion for a resolution
Paragraph 4 c (new)
4c. Welcomes the enhanced InvestEU, with its new window on strategic investments that should play a key role in the first phase of recovery for the strategic autonomy of the EU;
2020/06/30
Committee: ITRE
Amendment 204 #

2020/2076(INI)

Motion for a resolution
Paragraph 6
6. Calls on the Commission to include in the recovery plan a strategy to redeployattract industries in Europe, to increase and to relocate industrial production in strategic sectors; calls, moreover, on the Commissionin this regard, encourages the use of incentives such as requiring the purchase of a higher degree of local (EU/EEA) production from sectors receiving aid temporarily and the introduction of a new conditionality for access to funding; calls, moreover, on the Commission to assess the feasibility of setting up strategic stocks for certain critical products and to adopt a stronger stance on unfair global competition and predatory acquisitions by SOEdirectly or indirectly supported by states and sovereign funds; is of the opinion that, in this context, the Union should implement a provisional TDI scheme while carrying out a longer-term reflection on reciprocity in market access and without delay, strengthen the EU foreign investment screening framework; welcomes the Commission’s white paper on foreign subsidies;
2020/06/30
Committee: ITRE
Amendment 233 #

2020/2076(INI)

Motion for a resolution
Paragraph 7
7. Highlights that, during this critical phase and afterwards, the Union should better protect its market in strategic sectors, in particular by restricting access to some public procurements, introducing a European preference and European certifications for defined strategic sectors and block takeovers and FDI that could further increase its dependency on foreign powers;
2020/06/30
Committee: ITRE
Amendment 247 #

2020/2076(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Calls for a rapid reform of European competition policy to enable the creation of European leaders in the global market; considers urgent for the Union to review its definition of the relevant market, which must be analysed at global level so that it no longer constitutes a barrier to the global competitiveness of our industries;
2020/06/30
Committee: ITRE
Amendment 251 #

2020/2076(INI)

Motion for a resolution
Paragraph 8
8. Is of the opinion that the industrial recovery plan should help to create new ambitious and innovative European industrial projects which go hand in hand with the current revision of the guidelines for ‘Important Projects of Common European Interest’ (IPCEI), in order to encourage the emergence of European leaders in strategic industrial sectors that are capable of competing on a global scale and to facilitate the participation of SMEs in future IPCEIs; calls on the Commission to consider a revision of its 2014 guidelines to include the resilience of strategic value chains in the common European interest and European sovereignty in strategic areas as criteria for defining IPCEIs; calls in particular for the health value chain to be swiftly structured within an IPCEI covering health products essential to fighting ongoing and future sanitary crises (PPEs, MDs, antibiotics, vaccines…) as well as innovative health products (biotechnologies, e-health);
2020/06/30
Committee: ITRE
Amendment 268 #

2020/2076(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Welcomes the launch by the Commission of new industrial Alliances which have demonstrated their potential added value for EU competitiveness; Calls on the Commission to launch more new Alliances in the sectors of space, aeronautic health, critical raw materials, and renewable energies, medical equipment, medical personal protective equipment and vital pharmaceutical production for lowering EU dependence on import from third countries;
2020/06/30
Committee: ITRE
Amendment 274 #

2020/2076(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Considers innovation as the key driver for economic recovery and growth; Highlights that funding in research and innovation is essentials in this recovery phase; Calls on the Commission to encourage the pooling of resources on research and innovation on an EU-wide scale, increase entrepreneurial spirit and create a new ambitious, creative and innovative environment for European business and industrial projects;
2020/06/30
Committee: ITRE
Amendment 276 #

2020/2076(INI)

8c. Welcomes the Industrial Forum initiative of the Commission; calls on the Commission to ensure a continuous dialogue as well as an effective and fully transparent governance approach that oversees implementation and stimulates synergies between regulations, instruments and private funding;
2020/06/30
Committee: ITRE
Amendment 290 #

2020/2076(INI)

Motion for a resolution
Paragraph 9 – point b
b. will be managed directly, when possible, by the Commission through European programmes in order to avoid furthermove forward in a more coordinated way, to better impact the global market and to avoid the risk of distortion of the single market;
2020/06/30
Committee: ITRE
Amendment 297 #

2020/2076(INI)

Motion for a resolution
Paragraph 9 – point c
c. distributes the financial aid among the different industrial sectorosystems according to the damage suffered, the challenges faced and the amount of national financial support already received through national aid schemes taking into account the structural interdependencies between the different value chains;
2020/06/30
Committee: ITRE
Amendment 311 #

2020/2076(INI)

Motion for a resolution
Paragraph 9 – point e
e. gives preference to companies and SMEs that focus their business plans on digital and environmental transformation or that are necessary for the autonomy strategic of the Union in critical sectors;
2020/06/30
Committee: ITRE
Amendment 326 #

2020/2076(INI)

Motion for a resolution
Paragraph 10
10. Highlights the need to support a sustainable and fair recovery beyond the COVID-19 crisis in order to enhance growth and autonomy in the EU by increasing investment in the digital and green transitions; asks the Commission to support an ambitious Recovery Fund that is within the framework of a stronger MFF and is integrated in the own resource decision, and to pursue fiscal policy coordination to strengthen the European fiscal framework; in this regard, highlights the position of the European Parliament on the reform of the EU own resources system, including the introduction of new resources that are better aligned with and incentivise progress in major EU policy priorities such as a digital services taxation, a financial transaction tax, proceeds generated by the establishment of a common consolidated corporate tax base, income from the emissions trading scheme, a plastics contribution and a carbon border adjustment mechanism; is of the opinion that, after the peak of the pandemic, the Fund should become a permanent Reconstruction Fund to foster the digital and green industrial transitions;
2020/06/30
Committee: ITRE
Amendment 340 #

2020/2076(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission to strengthen its impact assessment practice and to carry out a detailed impact assessment of the potential costs and burdens for European companies and SMEs before presenting new proposals for legislation or adopting new measures especially when a traditional industry has to adapt because of regulatory decisions; calls on the Commission to propose commensurate support to the affected sectors whenever a negative impact cannot be avoidedin order to keep a strong European industrial basis;
2020/06/30
Committee: ITRE
Amendment 350 #

2020/2076(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Stresses the strategic and fragile nature of the European space industry, 90% made up of SMEs, and the need for rapid support in order to avoid laborious reconstruction;
2020/06/30
Committee: ITRE
Amendment 366 #

2020/2076(INI)

Motion for a resolution
Paragraph 12
12. Considers that oncein parallel to the emergency phase is over, the Union should embark on aprepare and anticipate the second phase of its industrial strategy: ensuring the competitiveness, resilience and sustainability of its industriestowards a greener, innovative, inclusive and sovereign Europe in the long term;
2020/06/30
Committee: ITRE
Amendment 368 #

2020/2076(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Considers that the Union requires a green industrial strategy aligned with the Paris Agreement, that places the objectives of the Green Deal (the fight against climate change and the protection of environmental health and biodiversity) at the centre of European economic policy; the strategy must therefore accelerate the transformation of our industry towards a carbon-neutral industry and fill the gap in climate investment in Europe, which is necessary for the transition to climate neutrality;
2020/06/30
Committee: ITRE
Amendment 375 #

2020/2076(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Highlights the need to increase market opportunities and investment in European value chains conducive to the massive deployment of green technologies, in sustainability and reparability of products and in the creation of markets for circular and climate-neutral products in accordance with the action plan for the circular economy. recalls in this regard the potential of the digital sector in reaching a European climate-neutral economy, and the need to reducing its carbon footprint;
2020/06/30
Committee: ITRE
Amendment 382 #

2020/2076(INI)

Motion for a resolution
Paragraph 13
13. Highlights the potential of the circular economy for modernising the Union’s economy, reducing its energy and resource consumption, providing incentives for innovation and transforming whole industrial sectors and their value chains, with a huge potential to create jobs at local level; encourages the development of new ecodesigned technologies and solutions to prevent environmental impacts; stresses the need to implement the new circular economy action plan and encourage sustainable production;
2020/06/30
Committee: ITRE
Amendment 398 #

2020/2076(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Highlights that the renovation wave provides great opportunity for the EU´s building and energy sector and for the innovative solutions if the energy and resource efficiency principles are fully followed; calls on the Commission to develop standards for materials, eco- design in building sector and controls; stresses the need for climate-neutral building stocks and, harmonization of the sustainable assessment of buildings in Europe and to enable an easier integration of structural and sustainability criteria into the design process;
2020/06/30
Committee: ITRE
Amendment 403 #

2020/2076(INI)

Motion for a resolution
Paragraph 13 b (new)
13b. Highlights the potential of Green Mobility to create new jobs, boost European industry, and reduce emissions from the transport sector; calls for more investments in high-speed trains and renovation of inter-city rail networks and for more investments in public transport through fuel cells and hydrogen; stresses the need to promote green mobility by investing in better infrastructure such as more widespread charging stations; considers a higher density of charging stations will allow the market for electric vehicles to expand significantly, faster, causing a positive impact on our carbon footprint; calls, therefore, on the Commission to submit a large scale strategy for the rollout of fast EV- charging infrastructure to secure uptake of EVs by consumers, giving them certainty of the technology’s potential and access to a close-knit net of compatible charging infrastructure and to support European-based car manufacturing;
2020/06/30
Committee: ITRE
Amendment 408 #

2020/2076(INI)

Motion for a resolution
Paragraph 14
14. Considers that, if the appropriate regulatory, technological and economic conditions are met, there is significant potential in domestic and global markets for low-emission technologies and sustainable products, processes and services throughout the whole value chain from raw materials to energy-intensive industries, manufacturing and the industrial services sector; considers, moreover, that the Climate Law is a first step towards enshrining 2030 and 2050 climate targets into Union legislation; believes that a more holistic and systematic target framework is also required in order to ensure policy coherence across all Union policies and a homogenous governance approach in all policy areas, paving the way towards a clear and stable strategy for European industries providing the necessary legal certainty for investors, especially SMEs; considers that industrial green transformation requires public and private investments in favour of the development of sustainable mobility, the decarbonisation of industry and particularly energy, and the renovation of buildings;
2020/06/30
Committee: ITRE
Amendment 434 #

2020/2076(INI)

15. Maintains that a truly effective European industrial policy needs a dashboard of climate targets as a roadmap to shape the industry of the future; considers that all sectors should contribute towards achieving the Union’s climate objectives and, in this regard, underlines the importance of gas and nuclear as a means of energy transition and hydrogen as a potential breakthrough technology; calls also for greater attention to be paid to network security and energy supplywelcomes the launch of a Clean Hydrogen Alliance and a low-carbon industries Alliance; stresses the need to accelerate research on large-scale hydrogen and green fuel production, carbon capture and storage technologies and to explore potential use of geothermal source of energy; calls also for greater attention to be paid to network security, infrastructures, and secure supply of clean and affordable energy and raw materials; calls on EU institutions, Member States, regions, industry and all other relevant players to work together to improve Europe energy efficiency and create lead markets in clean technologies; calls on the Council to increase spending from the EU budget on climate change efforts; calls on the Commission to ensure that industries with high carbon leakage do not benefit from EU subsidies, that the transition of industries whose finished product is not compatible with the objectives of the ecological transition be supported and for better use to be made of the EIB, as the Union’s ‘Climate Bank’, to enhance sustainable financing to the public and private sectors and to assist companies in the decarbonisation process, and to use the Border Carbon Adjustments mechanism as a; stresses that the steel industry is particularly exposed to unfair competition; calls on the Commission to step-up its carbon leakage protection including for small and medium-sized industries and to use the Border Carbon Adjustments mechanism and Carbon-Contracts-for- Differences, which are inconformity with the WTO rules, as a necessary way to protect EU manufacturers and jobs from unfair international competition;
2020/06/30
Committee: ITRE
Amendment 503 #

2020/2076(INI)

Motion for a resolution
Paragraph 16
16. Highlights the need to support a just transition, and believes that a well- designed Just Transition Mechanism, including a Just Transition Fund, would be an important tool to facilitate the transition and reach ambitious climate targetsclimate neutrality while addressing social impacts; stresses that robust financing of this instrument, including additional budgetary resources, would be a key element for the successful implementation of the European Green Deal and a fair and equitable sharing of financial support between the regions most affected, would be a key element for the successful implementation of the European Green Deal; in this regard, welcomes the revaluation of the Just Transition Fund within the framework of Next Generation EU;
2020/06/30
Committee: ITRE
Amendment 532 #

2020/2076(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Highlights that the competitiveness of European industry can only be backed by an efficient infrastructure network; calls for a long-term investment policy for equipping and renovating infrastructure and for reducing the administrative barriers which hinder the progress of the trans-European networks; calls for more funding for Connecting Europe Facility in order to boost investments in electricity infrastructures, interconnections, digitalisation and smart grids; stresses the need to expedite green Projects of Common Interest (PCI), and revise the Trans-European Energy Networks (TEN- E) Regulation as soon as possible. In particular, in the expected revision of the TEN-E, the Commission should recognise investment in building renovations, including public buildings, as a PCI;
2020/06/30
Committee: ITRE
Amendment 538 #

2020/2076(INI)

Motion for a resolution
Paragraph 17 b (new)
17b. Highlights the need to support production of batteries and the recycling of metal in Europe; stresses the need to ensure that the industrial strategy will be aligned with the upcoming initiative of the Commission on batteries;
2020/06/30
Committee: ITRE
Amendment 539 #

2020/2076(INI)

Motion for a resolution
Paragraph 18
18. Considers it imperative to digitalise the Union’s industries, including traditional ones; calls on the Commission to invest, inter alia, in the data economy, artificial intelligence, smart production, mobility, and resilient and secure very high-speed networks; invites the Commission, in this respect,the Union requires an innovative industrial strategy that accelerate the digitisation of our industries and SMEs including traditional ones, enhance the EU industrial capacity in critical digital infrastructures and strengthen the digital and data single market; considers the Union must support businesses in the automation and digitisation of their know-how and training and investment in digital equipment (hardware and software) for businesses; underlines the importance of the Digital Europe -programme for improving the digital capabilities of SMEs and accelerating the adoption of enabling and emerging technologies in industries; encourages the creation of digital innovation hubs across the EU; calls on the Commission to invest, inter alia, in the data economy, artificial intelligence, smart production, mobility, supercomputing, cloud, quantum technology, resilient and secure very high-speed 5G and 6G networks, blockchain, robotics, batteries and satellite internet; invites therefore the Member States and the Commission, in this respect, to ensure a timely implementation of the relevant key measures recommended in the 5G cybersecurity toolbox and in particular to apply, where appropriate, the relevant restrictions on high risk suppliers for key assets defined as critical and sensitive in the EU coordinated risk assessments and to assess the effectiveness of co-financed National Tax Credit schemes that could complement or replace traditional ‘on demand’ grants/tender-based support, especially for SMEs; highlights the importance of the European Regional Development Fund (ERDF) and the Cohesion Fund (CF) in supporting job creation, business competitiveness, economic growth and sustainable development and calls for these funds to have a stronger focus on research and innovation and to be better linked with Horizon Europe and the Digital Europe Programme;
2020/06/30
Committee: ITRE
Amendment 556 #

2020/2076(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Highlights that EU industrial competitiveness relies on a fully functioning Single Market in Products and Services; underlines that the Commission must consider how to deepen the Single Marker as part of any revised set of priorities and address the existing regulatory and non-regulatory internal market barriers stemming from restrictive and complex national rules, limited administrative capacities, imperfect transposition of EU rules, as well as their inadequate enforcement; stresses the importance of more flexible and transparent governance of the internal market with more effective peer reviews to identify and address barriers and non- compliance, improved monitoring and performance tools such as Internal Market Scoreboard to better reflect market reality, as well as strengthened SOLVIT network;
2020/06/30
Committee: ITRE
Amendment 574 #

2020/2076(INI)

Motion for a resolution
Paragraph 19
19. Calls on the Commission to implement a single European digital and data market, to promote the secure exchange of data among companies and among public institutions, to develop and process data on European soil, in particular data from public bodies, to build a better digital taxation system in which profits are taxed where companies have significant interaction with users, and to further develop European standards on cybersecurity, in particular for critical infrastructure; and certification on cybersecurity and disruptive technologies, in particular for critical infrastructure; therefore the protection of critical European data in such critical infrastructures should be guaranteed through an assessment of service and technology providers to meet security as well as trustworthiness criteria modelled on the EU 5G toolbox. calls for the swift implementation of the European Data Strategy and the adoption of the Digital Services Act;
2020/06/30
Committee: ITRE
Amendment 594 #

2020/2076(INI)

Motion for a resolution
Paragraph 20
20. Considers that industrial transformation requires the integration of new knowledge and innovation into existing markets and their use in the creation of new ones; regrets, in this respect, that the Union invests less in R&D as a percentage of GDP than its global competitors and that it suffers from a serious lack of innovative capacity in small and medium-sized enterprises due to a shortfall in the necessary risk capital; highlights the need to increase considerably spending on research, development and innovation as key element to achieve the twin transition, improve strategic leadership and autonomy and increase long-term competitiveness; calls on the Member States to uphold their commitment of reaching 3% of GDP on research and development; Considers an increase of the funding of Horizon Europe as well as Digital Europe programs and Connected Europe Facility (digital and energy) is needed to achieve the ambitious targets. recognise the effective support of European Innovation Council (EIC) and the European Institute for Innovation and Technology (EIT) and calls to strengthen their missions; calls for a public-private collaboration to promote the transfer of knowledge and technology from research centres and universities to the industrial process, taking advantage of the industrial ecosystem scheme; calls on the Commission to increase the budget for those programmes that underpin the transformation of the Union’s industry, including Horizon Europe and Digital Europe (DEP), and to foster synergies between regional, national, European and private financial sources by taking advantage of synergies among all Union programmes; calls on the Commission to target as a priority the whole range of decarbonised and renewable industrial processes; acknowledges the importance of intellectual property protection to incentivise R&D investments necessary to ensure continued participation of EU industry in the development of key technologies like 5G and 6G, necessary to achieve the EU 2025 connectivity objectives;
2020/06/30
Committee: ITRE
Amendment 612 #

2020/2076(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Calls on the Commission to invest in the construction of an efficient and competitive European military-industrial complex by making optimal use of instruments such as the Defense Fund to support the sector in terms of research, development and prototyping and the development of industrial processes; welcomes the creation of DG DEFIS that it provides the administrative capacity for achieving this objective;
2020/06/30
Committee: ITRE
Amendment 623 #

2020/2076(INI)

Motion for a resolution
Paragraph 20 b (new)
20b. highlights the relevance of Institutional Partnerships under Horizon Europe as efficient tools to promote R&I efforts within strategic industrial ecosystems;
2020/06/30
Committee: ITRE
Amendment 630 #

2020/2076(INI)

Motion for a resolution
Paragraph 21
21. Is of the opinion that ecosystems will be key components of the next industrial revolution, providing affordable and cleaner energy, transformative manufacturing and service-provision methods; believes, moreover, that supporting collaboration among industry, academia, SMEs, start-ups, trade unions, civil society, end-user organisations and all other stakeholders will be key to solving market failures and supporting efforts to cross the ‘valley of death’, including in areas not yet covered by industrial interests; calls for a governance of these ecosystems that integrates all relevant stakeholders form the industrial sectors which are key to achieve the energy and digital transition; considers that ecosystems should play a role in the definition of solutions and measures to be adopted in order to implement the European industrial strategy; recalls that sectorial action plans announced within the Green Deal and the industrial strategy as well as work already undertaken in previous European industrial forums, in particular the Strategic Forum for IPCEIs, should all be taken into account in the future work of industrial ecosystems;
2020/06/30
Committee: ITRE
Amendment 648 #

2020/2076(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Highlights the potential role of the regions in achieving the European industrial ambitions; believes that interregional cooperation aimed at the sustainable and digital transformations, as in the Smart Specialisation strategies, are to be strengthened in order to stimulate regional ecosystems; therefore asks the Commission to support the development of tools which can provide a clear roadmap for regions with a tailor- made approach to secure industrial leadership;
2020/06/30
Committee: ITRE
Amendment 669 #

2020/2076(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Stresses the importance to provide political and policy direction and ambitious public programs to support the industry and to boost investments, particularly in R&D and space and defence industries; in this regards, highlights the importance of having adequate funding and fostering synergies in the next MFF for Horizon Europe, the European Space program and the European Defence Funds;
2020/06/30
Committee: ITRE
Amendment 18 #

2020/2043(INI)

Draft opinion
Paragraph 1 a (new)
1a. Stresses the need to uphold the Union´s climate ambition in line with the 2050 climate neutrality objective and the raised 2030 target while making sure that the polluter-pays principle is consistently applied;
2020/10/05
Committee: ITRE
Amendment 31 #

2020/2043(INI)

Draft opinion
Paragraph 2 a (new)
2a. Underlines that the mechanism must ensure that the price of imports reflects their true carbon content in line with WTO rules and EU obligations;
2020/10/05
Committee: ITRE
Amendment 41 #

2020/2043(INI)

Draft opinion
Paragraph 3
3. Emphasises that decentralised climate actions can lead to carbon leakage and a competitive disadvantage on international markets for the EU industry; urges the Commission, therefore, to ensure full carbon-leakage protection and to consider the inclusion of export rebates in the mechanism;
2020/10/05
Committee: ITRE
Amendment 46 #

2020/2043(INI)

Draft opinion
Paragraph 3 a (new)
3a. Stresses that the mechanism must comply with EU internal market regulations and not cause any additional unnecessary market distortions and red tape, which could limit fair, open and rule-based market competition and have a particularly adverse effect on SMEs or become a tool for protectionism;
2020/10/05
Committee: ITRE
Amendment 50 #

2020/2043(INI)

Draft opinion
Paragraph 3 b (new)
3b. Calls on the Commission to evaluate all operational options of the mechanism, such as a carbon tax on select imported and domestic products, a new carbon duty or tax on imports, or the extension of the EU ETS to imports;
2020/10/05
Committee: ITRE
Amendment 106 #

2020/2043(INI)

7. Calls on the Commission to conduct an impact assessment of different mechanisms and designs to incentivise international climate action and prevent carbon leakage before presenting a legislative proposal.; calls on the Commission, in its impact assessment, to identify measures for sectors where the risk of carbon leakage is highest;
2020/10/05
Committee: ITRE
Amendment 113 #

2020/2043(INI)

Draft opinion
Paragraph 7 a (new)
7a. Calls for a special evaluation of the impact of the mechanism on SMEs and on competition within the internal market; calls for the creation, if needed, of a support mechanism for SMEs to successfully adjust to the new market reality, thereby preventing them from being victims of unfair practices by larger market players;
2020/10/05
Committee: ITRE
Amendment 119 #

2020/2043(INI)

Draft opinion
Paragraph 7 b (new)
7b. Underlines that the mechanism should reflect and be commensurate with the internal EU carbon price;
2020/10/05
Committee: ITRE
Amendment 14 #

2020/2028(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Commission’s CPR evaluation and ongoing review, which seek to remove remaining barriers in the internal market for construction products, while taking into account technological developments and innovation;
2020/10/12
Committee: IMCO
Amendment 15 #

2020/2028(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Stresses the importance of avoiding duplications and ensuring coherence of the reviewed CPR with existing legislation and future legislative initiatives, such as sustainable product policy initiative;
2020/10/12
Committee: IMCO
Amendment 51 #

2020/2028(INI)

Motion for a resolution
Paragraph 13
13. Is concerned by the fact that since the CE marking under the CPR only refers to product performance and not conformity with specific product requirements, such a difference in approach from other NLF legislation could create confusion as regards the CE marking and diminish its value; points, in this regard, to the overlaps in the information required by the CE marking and the Declaration of Performance (DoP); believes that this duplication creates additional unnecessary administrative burdens and costs for businesses and should be addressed, including by enhanced use of digital solutions;
2020/10/12
Committee: IMCO
Amendment 61 #

2020/2028(INI)

Motion for a resolution
Paragraph 15
15. ENotes the lack of digitalisation of the construction sector and emphasises the importance of fully harnessing digital technologies, which could allow for clear, transparent and reliable information to be provided to economic operators and end- users, address the overlap in information requirements and enable market surveillance authorities to carry out their activities more effectively; calls on the Commission to evaluate the use ofbenefits of using such technologies;
2020/10/12
Committee: IMCO
Amendment 70 #

2020/2028(INI)

Motion for a resolution
Paragraph 18
18. Calls on the Member States to fully implement Regulation (EU) 2019/1020, which aims to strengthen the market surveillance of products covered by Union harmonisation legislation, including the CPR; stresses the need for harmonised and homogeneous enforcement of new rules by the national market surveillance authorities and enhanced cross-border cooperation in this respect in order to ensure level playing field in the construction sector;
2020/10/12
Committee: IMCO
Amendment 87 #

2020/2028(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Stresses the need to enhance the exchange of information on potentially dangerous substances and to strengthen the cooperation with the European Chemicals Agency databases according to the current legislation;
2020/10/12
Committee: IMCO
Amendment 88 #

2020/2028(INI)

Motion for a resolution
Paragraph 21 b (new)
21a. Calls on the Commission to continue effectively monitor and address unjustified barriers in the internal market, stemming from national regulatory measures contrary to the CPR; stresses the need for enhanced dialogue and cooperation between the Commission and the Member States in order to tackle practices, such as the continuous use of national marks and certification, that impede the free movement of construction products in the internal market;
2020/10/12
Committee: IMCO
Amendment 101 #

2020/2028(INI)

Motion for a resolution
Paragraph 25
25. Highlights the need to ensure the proper involvement of all stakeholders in the consultation and evaluation process; highlights the need for a level playing field and reduced administrative burden in construction products legislation for all businesses, especially SMEs as well as for a fair and free competition at global level;
2020/10/12
Committee: IMCO
Amendment 110 #

2020/2028(INI)

Motion for a resolution
Paragraph 29
29. Is concerned that any revision of the CPR and, in particular, the review of the CPR acquis will take significant time, whileCalls for an ambitious revision of the CPR taking into account that manufacturers need immediate solutions to overcome the legal uncertainty resulting from the lack of updated harmonised standards; calls onhighlights that the Commrevission to address this issue prior to any revision of the CPR and in the review of the CPR acquiof the CPR should aim at creating a solid regulatory framework with effective, easily enforceable and harmonised rules;
2020/10/12
Committee: IMCO
Amendment 2 #

2020/2018(INL)

Motion for a resolution
Citation 2 a (new)
- having regard to the communication from the Commission of 11 January 2012, entitled “A coherent framework for building trust in the Digital Single Market for e-commerce and online services” COM/2011/0942 final,
2020/05/18
Committee: IMCO
Amendment 5 #

2020/2018(INL)

Motion for a resolution
Citation 2 b (new)
- having regard to the Memorandum of Understanding on the sale of counterfeit goods via the internet of 21 June 2016 and its review in the Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee of 29 November 2017, entitled “ A balanced IP enforcement system responding to today's societal challenges” (COM (2017) 707) final,
2020/05/18
Committee: IMCO
Amendment 6 #

2020/2018(INL)

Motion for a resolution
Citation 3 a (new)
- having regard to the Communication from the Commission of 28 September 2017, entitled “Tackling Illegal Content Online: Towards an enhanced responsibility of online platforms” (COM (2017) 555), and its Recommendation of 1 March 2018 on measures to effectively tackle illegal content online (COM (2018) 1177),
2020/05/18
Committee: IMCO
Amendment 23 #

2020/2018(INL)

Motion for a resolution
Recital B
B. whereas the Directive 2000/31/EC of the European Parliament and of the Council2 (“the E-Commerce Directive”) has been one of the most successful pieces of Union legislation and has shaped the Digital Single Market as we know it today; whereas the E-Commerce Directive was adopted 20 years ago and no longer adequately reflects the rapid transformation and expansion of e- commerce in all its forms, with its multitude of different emerging services, providers and challengeswhereas since its adoption 20 years ago, the European Court of Justice has issued a number of judgments in relation to it; whereas the clarifications made by the European Court of Justice should be codified; __________________ 2 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).
2020/05/18
Committee: IMCO
Amendment 33 #

2020/2018(INL)

Motion for a resolution
Recital C
C. whereas, despite the clarifications made by the European Court of Justice, the need to go beyond the existing regulatory framework is clearly demonstrated by the fragmented approach of Member States to tackling illegal content online, by the lack of enforcement and cooperation between Member State, currently Member States have fragmented approach to tackling illegal content online as, since the entry into force of Directive 2000/31/EC, some Member States have adopted their own rules on 'notice-and-action' mechanisms; whereas there are therefore increasing differences between such national rules; whereas, as a consequence, the service providers concerned cand by the inability of the existing legal framework to promote effective market entrye subject to a range of different legal requirements which are diverging as to their content and sconsumer welfarpe;
2020/05/18
Committee: IMCO
Amendment 35 #

2020/2018(INL)

Motion for a resolution
Recital C a (new)
Ca. whereas a recent Parliament 1a study shows that the potential gain of completing the Digital Single Market for services could be up to €100 billion; whereas the Digital Services Act should not only be a way to regulate those services but should also aim at unlocking this potential to the benefit of the European economy; __________________ 1a“Europe’s two trillion euro dividend, Mapping the Cost of Non-Europe 2019- 2024”, EPRS, PE 631.745, April 2019
2020/05/18
Committee: IMCO
Amendment 38 #

2020/2018(INL)

Motion for a resolution
Recital C b (new)
Cb. whereas the E-Commerce Directive provides the foundations for the Digital Single Market by setting out the country of origin principle, forbidding any form of prior authorisation, establishing a limited liability regime and a ban on a general monitoring obligation, and great care must be taken to not alter these principles if the Commission decides to propose to amend, widen, or limit this Directive;
2020/05/18
Committee: IMCO
Amendment 39 #

2020/2018(INL)

Motion for a resolution
Recital D
D. whereas the social and economic challenges brought by the COVID-19 pandemic are showing the resilience of the e-commerce sector and its potential as a driver for relaunching the European economy; whereas, at the same time, the pandemic has also exposed serious shortcomings of the current regu the Commission contacted a number of platforms, social media, search engines and market places rapidly to require their cooperation in taking down scams from their platforms; whereas platfory framework which call for action at Union level to address the difficulties identified and to prevent them from happening in the futurems replied positively to this call for cooperation and since then a rapid and efficient information exchange is in place; whereas, at the same time, the pandemic has also shown that platforms and online intermediation services need to step up their efforts to rapidly detect and take down fake claims and tackling the misleading practices of rogue traders in a consistent and coordinated manner, in particular of those selling false medical equipment online; whereas this calls for action at Union level to have a more coherent and coordinated approach to combat these misleading practices;
2020/05/18
Committee: IMCO
Amendment 46 #

2020/2018(INL)

Motion for a resolution
Recital D a (new)
Da. whereas scandals recently emerged regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism);
2020/05/18
Committee: IMCO
Amendment 48 #

2020/2018(INL)

Motion for a resolution
Recital D b (new)
Db. whereas Directive (EU) 2019/770, Directive (EU) 2019/771, and Directive (EU) 2019/2161 were all adopted less than a year ago and are still in the process of being implemented and transposed into national legislation;
2020/05/18
Committee: IMCO
Amendment 49 #

2020/2018(INL)

Motion for a resolution
Recital D c (new)
Dc. whereas Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services only came into force in July 2019 and is only binding on platforms from 12 July 2020;
2020/05/18
Committee: IMCO
Amendment 50 #

2020/2018(INL)

Motion for a resolution
Recital D d (new)
Dd. whereas the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers; whereas this problem is aggravated by the fact that often the identity of these companies cannot be established;
2020/05/18
Committee: IMCO
Amendment 62 #

2020/2018(INL)

Motion for a resolution
Paragraph 1
1. Welcomes the Commission’s commitment to submit a proposal for a Digital Services Act package, and, on the basis of Article 225 of the Treaty on the Functioning of the European Union (TFEU), calls on the Commission to submit such a package on the basis of the relevant Articles of the Treaties, following the recommendations set out in the Annex hereto;
2020/05/18
Committee: IMCO
Amendment 81 #

2020/2018(INL)

Motion for a resolution
Paragraph 2 a (new)
2a. Stresses that Commission should, ahead of a possible revision of the E- Commerce Directive, complete a full public consultation, including an in person stakeholder hearing, and a full impact assessment, take into account the lessons learned from the COVID-19 crisis and from the European Parliament resolutions; similarly, stresses that this must also apply to other potential pieces of the Digital Services Act package;
2020/05/18
Committee: IMCO
Amendment 84 #

2020/2018(INL)

Motion for a resolution
Paragraph 2 b (new)
2b. Underlines that, if a revision is approved by the co-legislators, that implementation of the final adopted legislations should be supported by the adoption of Vademecums and implementation guidelines;
2020/05/18
Committee: IMCO
Amendment 88 #

2020/2018(INL)

Motion for a resolution
Paragraph 3
3. Considers that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, as well as the principles of consumer protection and user safety, should also become guiding principles of the future regulatory framework; at the same time, underlines the opposite must be equally true in that digital goods and services must be able to freely move within the Single Market similarly to the free movement of physical goods and offline services;
2020/05/18
Committee: IMCO
Amendment 120 #

2020/2018(INL)

Motion for a resolution
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and social rights of workers, especiallythe Digital Single Act should not tackle the issue of platform wor collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regukers; notes that a report is being prepared by the relevant committee of the European Parliament on “Fair working conditions, rights and social protection for platfory frameworkm workers - New forms of employment linked to digital development”;
2020/05/18
Committee: IMCO
Amendment 127 #

2020/2018(INL)

Motion for a resolution
Paragraph 5 a (new)
5a. Calls on the Commission to focus its work and to ensure that any legislation is targeted and limited; encourages the Commission to refrain from any attempt to cover all long standing Digital Single Market issues within a single package; underlines that the previous Commission already had an extensive digital agenda and that there is a need to assess its effect before regulating again on the same issue; underlines in particular that Directive (EU) 2019/770 and Directive (EU) 2019/771 are still to be properly transposed and implemented; asks the Commission to take this into account before taking additional measures;
2020/05/18
Committee: IMCO
Amendment 131 #

2020/2018(INL)

Motion for a resolution
Paragraph 5 b (new)
5b. Recalls that a large number of legislative, administrative decisions, and contractual relationships uses the definitions and the rules of the E- Commerce Directive and that any change to them will therefore have important consequences; considers then that care must be taken before doing so;
2020/05/18
Committee: IMCO
Amendment 144 #

2020/2018(INL)

Motion for a resolution
Paragraph 6 a (new)
6a. Underlines that any future proposals should be based on the Single Market under Article 114 TFEU and support its completion; underlines that if the Commission believes proposals are needed for both matters covered by rules on competition (Title VII, Chapter 1 TFEU) and those covered by approximation of laws (Title VII, Chapter 3 TFEU), separate instruments should be used and proposed; underlines that any combination of measures under both policy areas (ex-ante and ex-post measures) into a single instrument could be viewed as the politicising of competition policy and therefore would harm the respect for competition policy decisions and their implementation by bodies world-wide;
2020/05/18
Committee: IMCO
Amendment 146 #

2020/2018(INL)

Motion for a resolution
Paragraph 6 b (new)
6b. Recalls that there is no consensus on the concept of data as a form of remuneration and therefore believes it would be premature to seek to change the scope of the E-Commerce Directive or base future measures upon this idea; notes that data is a non-consumable resource and can be exchanged an infinite number of times;
2020/05/18
Committee: IMCO
Amendment 147 #

2020/2018(INL)

Motion for a resolution
Paragraph 6 c (new)
6c. Stresses that any future legislative proposals should seek to remove current, and prevent potentially new barriers in the supply of digital services by online platforms; underlines, at the same time, that new Union obligations on platforms must be proportional and clear in nature in order to avoid unnecessary regulatory burdens or unnecessary restrictions; underlines the need to prevent gold- plating practices of Union legislation by Member States;
2020/05/18
Committee: IMCO
Amendment 148 #

2020/2018(INL)

Motion for a resolution
Paragraph 6 d (new)
6d. Recalls that the E-Commerce Directive was drafted in a technologically neutral manner in order to avoid amendments of the legal framework arising from the fast pace of innovation in the IT sector; asks the Commission to ensure that any revisions continue to respect this technologically neutral manner;
2020/05/18
Committee: IMCO
Amendment 149 #

2020/2018(INL)

Motion for a resolution
Paragraph 6 e (new)
6e. Considers that the future Digital Services Act should take the form of several regulations rather than directives in order to ensure a more harmonised application and avoid delays in its transposition;
2020/05/18
Committee: IMCO
Amendment 152 #

2020/2018(INL)

Motion for a resolution
Paragraph 7 a (new)
7a. Believes that the principles that governed the legislators when regulating information society services providers in the late 90’s are still valid and should be used when drafting any future proposals, namely: (a) To provide appropriate information on a wide scale (b) To prevent the creation of fresh obstacles and the re-fragmentation of the internal market (c) To reduce disputes to a minimum (d) To avoid the risks of over-regulation (e) To protect general interests more effectively and to identify any need for rules quickly (f) To step up administrative cooperation (g) To strengthen Union participation in international discussions;
2020/05/18
Committee: IMCO
Amendment 175 #

2020/2018(INL)

Motion for a resolution
Paragraph 9
9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to revisit the existing rules and reinforce fundamental rights;deleted
2020/05/18
Committee: IMCO
Amendment 190 #

2020/2018(INL)

Motion for a resolution
Paragraph 10
10. Stresses that the Digital Services Act should achieve the right balance between the internal market freedoms and the fundamental rights and principlestrengthen the internal market for services while protecting rights set out in the Charter of Fundamental Rights of the European Union, in particular freedom of expression;
2020/05/18
Committee: IMCO
Amendment 195 #

2020/2018(INL)

Motion for a resolution
Paragraph 11
11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling fake or illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers;deleted
2020/05/18
Committee: IMCO
Amendment 203 #

2020/2018(INL)

Motion for a resolution
Paragraph 12
12. Stresses that this problem is aggravated by the fact that often the identity of these companies cannot be established;deleted
2020/05/18
Committee: IMCO
Amendment 216 #

2020/2018(INL)

Motion for a resolution
Paragraph 13
13. Considers that the current transparency and information requirements set out in the E-Commerce Directive on information society services providers and their business customers, that provide services to consumers (B2B2C) and the minimum information requirements on commercial communications, should be substantially strengthened;
2020/05/18
Committee: IMCO
Amendment 231 #

2020/2018(INL)

Motion for a resolution
Paragraph 14
14. Calls on the Commission to require intermediate service providers to verifycollect the information and identity of the business partners with whom they have a contractual commercial relationship, and to ensure that the information they provide is accurate and up-to-date when those business partners have a direct relationship with consumers through the intermediate service, and to ensure that the information is updated in case competent authorities informed the providers of any inaccuracy;
2020/05/18
Committee: IMCO
Amendment 239 #

2020/2018(INL)

Motion for a resolution
Paragraph 15
15. Calls on the Commission to introduce enforceable obligations on internet service providers aimed at increasing transparency and information, if proposing measures on internet service providers aimed at increasing transparency and information, to take into account the difference between the underlining hosting internet service provider on the one hand and a platform or other websites and its users on the other; stresses that internet service providers often have no contractual relations with a platform’s business users or consumers, including having no legal right to view or access data stored; asks the Commission to ensure that enforcement measures are targeted in a way that takes this difference into account and does not force the breach of privacy and legal process; considers that these obligations should be proportionate and enforced by appropriate, effective and dissuasive penalties;
2020/05/18
Committee: IMCO
Amendment 250 #

2020/2018(INL)

Motion for a resolution
Paragraph 15 a (new)
15a. Underlines the need for due process; stresses the need to prevent the abuse of transparency, redress and other systems by businesses in order to confront other businesses; believes that any revisions must seek to balance the rights of all users and ensure that the law is not drafted to favour one legitimate interest over another;
2020/05/18
Committee: IMCO
Amendment 272 #

2020/2018(INL)

Motion for a resolution
Paragraph 17
17. Believes that while AI-driven services, currently governed by the E- commerce Directive, have enormous potential to deliver benefits to consumers and service providers, the new Digital Services Act should also address the concrete challenges not already covered by current legislation that they present in terms of ensuring non-discrimination, transparency and explainabilityon the data sets and the explainability - to the extent possible - of algorithms, as well as liability; points out the need to monitor algorithms and to assess associated risks, to use high quality and unbiased datasets, as well as to help individuals acquire access to diverse content, opinions, high quality products and services;
2020/05/18
Committee: IMCO
Amendment 281 #

2020/2018(INL)

Motion for a resolution
Paragraph 17 a (new)
17a. Recalls that the protection of personal data subject to automated decision-making processes is already covered, among others, by the General Data Protection Regulation and none of the proposals should seek to repeat or amend such measures;
2020/05/18
Committee: IMCO
Amendment 282 #

2020/2018(INL)

Motion for a resolution
Paragraph 17 b (new)
17b. Underlines that algorithms can be protected as trade secrets within the meaning of the Directive 2016/943; stresses that any supervision of such algorithms, where needed, must be carried out by the national regulatory authority of the country of origin, on a case by case basis, only when a Member State has reason to believe that it has algorithmic bias, and be subject to clear confidentiality rules;
2020/05/18
Committee: IMCO
Amendment 283 #

2020/2018(INL)

Motion for a resolution
Paragraph 17 c (new)
17c. Believes that the focus of the Commission should be on potential bias within datasets or in the output, rather than on the algorithms themselves;
2020/05/18
Committee: IMCO
Amendment 288 #

2020/2018(INL)

Motion for a resolution
Paragraph 18
18. Considers that consumers shouldusers have the right to be properly informed and their rights should be effectively guaranteed when they interact with automated decision-making systems and other innovative digital services or applications; further considers that users should be informed when a service is personalised to its users and whether the personalisation can be switched off or otherwise limited; believes that it should be possible for consumusers to request checks and corrections of possible mistakes resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems;
2020/05/18
Committee: IMCO
Amendment 297 #

2020/2018(INL)

Motion for a resolution
Paragraph 18 a (new)
18a. Stresses that digital services should not exclusively use automated decision-making systems for consumer support;
2020/05/18
Committee: IMCO
Amendment 303 #

2020/2018(INL)

Motion for a resolution
Paragraph 19
19. Stresses that the existence and spread of illegal content online is a severe threat that, such as incitement to terrorism, illegal hate speech, or child sexual abuse material, as well as infringements of intellectual property rights and consumer protection online undermines citizens' trust and confidence in the digital environment, and which also harms the economic development ofharms healthy platform ecosystems in the Digital Single Market and severely hampers the development of legitimate markets for digital services;
2020/05/18
Committee: IMCO
Amendment 310 #

2020/2018(INL)

Motion for a resolution
Paragraph 19 a (new)
19a. Believes that allowing new innovative business models to flourish and strengthening the Digital Single Market by removing barriers to the free movement of digital content, barriers which creates national fragmented markets and a demand for illegal content, have been proven to work in the past, especially in relation to the infringements of intellectual property rights;
2020/05/18
Committee: IMCO
Amendment 319 #

2020/2018(INL)

Motion for a resolution
Paragraph 20
20. Notes that there is no ‘one size fits all’ solution to all types of Stresses the need to distinguish between ‘illegal and ’, ‘harmful content and cases of misinformation online; believes, however, that a more aligned approach at Union level, taking into account the different types of content, will make’, and other content; notes that some content linked to religious belief or political positions, for instance, might be considered harmful without being illegal; considers that 'harmful' legal content should not be regulated or defined in the fDight against illegal content more effectiveital Service Act as they are protected by the freedom of expression;
2020/05/18
Committee: IMCO
Amendment 328 #

2020/2018(INL)

Motion for a resolution
Paragraph 20 a (new)
20a. Stresses also that content that might be seen as 'illegal' in some Member States, may not be seen as such in others as only some type of 'illegal' content are harmonised in the EU; notes that there is therefore no ‘one size fits all’ solution to all types of 'illegal' content;
2020/05/18
Committee: IMCO
Amendment 329 #

2020/2018(INL)

Motion for a resolution
Paragraph 20 b (new)
20b. Believes, however, that a more aligned approach at Union level, taking into account the different types of content and online platforms and based on cooperation and exchange of best practices, will make the fight against 'illegal' content more effective;
2020/05/18
Committee: IMCO
Amendment 330 #

2020/2018(INL)

Motion for a resolution
Paragraph 20 c (new)
20c. Underlines the need to adapt the severity of the measures that need to be taken by service providers to the seriousness of the infringement, so that the fight against terrorism, illegal hate speech, or child sexual abuse material take clear precedence over other types of infringements;
2020/05/18
Committee: IMCO
Amendment 340 #

2020/2018(INL)

Motion for a resolution
Paragraph 21
21. Considers that voluntary actions and self-regulation by online platforms across Europe have brought some benefits, but and additional measures are needed in ordershould be taken to ensure the swift detection and removal of illegal content online;
2020/05/18
Committee: IMCO
Amendment 342 #

2020/2018(INL)

Motion for a resolution
Paragraph 21 a (new)
21a. Would welcome the adoption of measures which would allow online intermediaries to do further self-controls of content on their sites without fear of increased liability under the E-Commerce Directive; at the same time, disagrees with any measures which would require self- controls in order to qualify for limited liability protections;
2020/05/18
Committee: IMCO
Amendment 345 #

2020/2018(INL)

Motion for a resolution
Paragraph 21 b (new)
21b. Underlines, however, the need to prevent a general monitoring of content uploads and for a light-handed approach by online intermediaries as to user uploaded content of a non-commercial nature; underlines that algorithms are not able to fully understand context and the legal uses of content as outlined in EU and different national legislations; believes that filters based on algorithms alone systematically lead to the removal of legitimate content (‘false positives’) and the corruption of such systems to the benefit of unfair commercial practices; asks where there is a doubt as to a content being of an 'illegal' nature, that this content should not be removed before further investigation;
2020/05/18
Committee: IMCO
Amendment 347 #

2020/2018(INL)

Motion for a resolution
Paragraph 21 c (new)
21c. Asks the Commission to issue a study on the removal of content and data during the COVID-19 crisis by automated decision-making and the level of removals in error (false positives) that were included in the number of items removed;
2020/05/18
Committee: IMCO
Amendment 364 #

2020/2018(INL)

Motion for a resolution
Paragraph 22 a (new)
22a. Stresses that such a ‘notice-and- action’ mechanism must be human- centric and give the benefit of the doubt to users; underlines that safeguards against the abuse of the system should be introduced, including against repeated false flagging, unfair commercial practices and other schemes; underlines that for many small traders, the removal of even a single product can result in the collapse of a business;
2020/05/18
Committee: IMCO
Amendment 368 #

2020/2018(INL)

Motion for a resolution
Paragraph 22 b (new)
22b. Notes the challenges around the enforcement of legal injunctions issued within Member States other than the country of origin of a service provider; stresses the need to investigate this issue outside the scope of the Digital Service Act and any ‘notice-and-action’ mechanism;
2020/05/18
Committee: IMCO
Amendment 371 #

2020/2018(INL)

Motion for a resolution
Paragraph 23
23. Stresses that maintaining safeguards from the legal liability regime for hosting intermediaries with regard to user-uploaded content and the general monitoring prohibition set out in Article 15 of the E-Commerce Directive are still relevant and need to be preserved; in this context, underlines that the legal liability regime and ban on general monitoring should not be weakened via a possible new legislation or the amendment of other sections of the E-commerce Directive, including the amendment of the definitions laid down in the Directive;
2020/05/18
Committee: IMCO
Amendment 386 #

2020/2018(INL)

Motion for a resolution
Paragraph 23 a (new)
23a. Asks the Commission to review the Annex to the E-Commerce Directive and, where relevant, remove or further limit the derogations granted there; notes that a significant and ever increasing part of the Digital Single Market is made up of services included there within;
2020/05/18
Committee: IMCO
Amendment 390 #

2020/2018(INL)

Motion for a resolution
Paragraph 23 b (new)
23b. Notes that online intermediaries might encrypt or otherwise prevent outside access to their content by third parties, including hosting intermediaries, who do not have the encryption key; believes therefore that any requirements should take this and similar practical problems into account;
2020/05/18
Committee: IMCO
Amendment 397 #

2020/2018(INL)

Motion for a resolution
Paragraph 24
24. Notes that while online platforms, such as online market places, have benefited both retailers and consumers by improving choice and lowering prices, at the same time, they have allowed sellers, in particular from third countries, to offer products which often do not comply with Union rules on product safety and do not sufficiently guarantee consumer rightsan increasing number of non-compliant sellers - especially from third countries – are offering unsafe or illegal products in the European market;
2020/05/18
Committee: IMCO
Amendment 421 #

2020/2018(INL)

Motion for a resolution
Paragraph 26 a (new)
26a. Asks the Commission to act at global level for minimum requirements for business information disclosure when trading online with consumers, the promotion of good practice via the development of new guidelines and the use of existing standards and the creation of a network of consumer centres to help European consumers to handle disputes with traders based in non-EU countries;
2020/05/18
Committee: IMCO
Amendment 426 #

2020/2018(INL)

Motion for a resolution
Paragraph 26 b (new)
26b. Notes the continued issues of the abuse or wrong application of selective distribution agreements to limit the availability of products and services across borders within the Single Market and between platforms; asks the Commission to act on this issue within any wider review of Vertical Bloc Exemptions and other policies under Article 101 TFEU while refraining from its inclusion in the Digital Services Act;
2020/05/18
Committee: IMCO
Amendment 428 #

2020/2018(INL)

Motion for a resolution
Paragraph 26 c (new)
26c. Treatment of contracts [NEW SECTION TITLE]
2020/05/18
Committee: IMCO
Amendment 429 #

2020/2018(INL)

Motion for a resolution
Paragraph 26 d (new)
26 d. Asks the Commission to review all notifications under Article 9, paragraph 3 of the E-Commerce Directive and, where the Commission believes they are no longer merited, to require Member States to remove such requirements; asks, moreover, that this review take part every two years instead of five;
2020/05/18
Committee: IMCO
Amendment 430 #

2020/2018(INL)

Motion for a resolution
Paragraph 26 e (new)
26 e. Notes the rise of “smart contracts” based on distributed ledger technologies; asks the Commission to analyse if certain aspects of “smart contracts” should be clarified and if guidance should be given in order to ensure legal certainty for businesses and consumers; asks especially for the Commission to work to ensure that such contracts with consumers are valid and binding throughout the Union, that they meet the standards of consumer law, for example the right of withdrawal under Directive 2011/83/EU, and that they are not subject to national barriers to application, such as notarisation requirements;
2020/05/18
Committee: IMCO
Amendment 431 #

2020/2018(INL)

Motion for a resolution
Paragraph 26 f (new)
26 f. Asks the Commission, while recalling earlier efforts, to further review the practice of End User Licensing Agreements (EULAs) and Terms and Conditions Agreements (T&Cs) and to seek ways to allow greater and easier engagement for consumers, including in the choice of clauses; notes that EULAs and T&Cs are often accepted by users without reading them; notes, moreover, that when a EULA and T&Cs does allow for users to opt-out of clauses, service providers may require users to do so at each use, often in bad faith, to encourage acceptance;
2020/05/18
Committee: IMCO
Amendment 460 #

2020/2018(INL)

Motion for a resolution
Paragraph 28 a (new)
28a. Underlines that additional ex-ante regulation on small and medium-sized enterprises should be avoided wherever possible and that additional requirements on systemic platforms should not lead to additional requirements for those businesses that use them;
2020/05/18
Committee: IMCO
Amendment 478 #

2020/2018(INL)

Motion for a resolution
Paragraph 30
30. Considers that a central regulatory authority should be established which should be responsible for the oversight and compliance with the Digital Services Act and have supplementary powers to tackle cross-border issues; it should be entrusted with investigation and enforcement powAsks the Member States to strengthen national regulatory authorities with the financial means and staff to allow for full oversight of online intermediaries established within their territories; believes that the Commission, through the Joint Research Centre, should be empowered to provide expert assistance to the Member States, upon request, towards the analysis of technological, administrative, or other matters in relation to the Digital Single Market legislative enforcement; encourages the Member States to pool and share best practices between national regulators, and to grant regulators legal authority to communicate between themselves in a secure manners;
2020/05/18
Committee: IMCO
Amendment 493 #

2020/2018(INL)

Motion for a resolution
Paragraph 31
31. Takes the view that the centrnational regulatory authoritys should prioritise cooperation between Member States to address complex cross-border issues by working in close cooperation with a network of independent National Enforcement Bodies (NEBs);
2020/05/18
Committee: IMCO
Amendment 497 #

2020/2018(INL)

Motion for a resolution
Paragraph 32
32. Calls on the Commission to strengthen and modernise the current provisions on out-of-court settlement and court actions to allow for an effective enforcement and consumer redressconsumer redress; underlines that such measures should seek to support consumers that do not have the financial or legal means to use the court system and should not weaken the legal protections of small businesses and traders that national legal systems provide;
2020/05/18
Committee: IMCO
Amendment 502 #

2020/2018(INL)

Motion for a resolution
Paragraph 32 a (new)
32a. Calls on national regulators and the Commission to provide further advice and assistance to EUSMEs about their rights;
2020/05/18
Committee: IMCO
Amendment 512 #

2020/2018(INL)

Motion for a resolution
Annex I – part I – paragraph 2
The Digital Services Act should guarantee that online and offline economic activities are treated equally and on a level playing field which fully reflects the principle that “what is illegal offline is also illegal online” and equally “what is legal offline is also legal online”;
2020/05/18
Committee: IMCO
Amendment 522 #

2020/2018(INL)

Motion for a resolution
Annex I – part I – paragraph 5
The Digital Services Act should build upon the rules currently applicable to online platforms, namely the E-Commerce Directive and the Platform to Business Regulation1 while refraining from proposing measures that were rejected by the co-legislators during its negotiation. __________________ 1 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57).
2020/05/18
Committee: IMCO
Amendment 529 #

2020/2018(INL)

Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 1
- a revised framework with clear due diligence transparency and information obligations;
2020/05/18
Committee: IMCO
Amendment 549 #

2020/2018(INL)

Motion for a resolution
Annex I – part II – paragraph 1
In the interest of legal certainty, the Digital Services Act should clarify which digital services fall within its scope. The new legal act should follow the horizontal nature of the E-Commerce Directive and apply not only to online platforms but to all digital services, which are not covered by specific legislation and which are targeted at the general public;
2020/05/18
Committee: IMCO
Amendment 552 #

2020/2018(INL)

Motion for a resolution
Annex I – part II – paragraph 1 a (new)
Digital services which are closed in nature and offered in a purely business to business relationship should not be subject to the same requirements as services which are targeted at the general public or at consumers;
2020/05/18
Committee: IMCO
Amendment 556 #

2020/2018(INL)

Motion for a resolution
Annex I – part II – paragraph 2
The territorial scope of the future Digital Services Act should be extended to cover also the activities of companies and service providers established in third countries, when they offertarget or direct services or goods to consumers or users in the Union;
2020/05/18
Committee: IMCO
Amendment 558 #

2020/2018(INL)

Motion for a resolution
Annex I – part II – paragraph 3
The Digital Services Act should maintainreview the derogation set out in the Annex of the E- Commerce Directive, and, in particular,f deemed necessary, revise them, while maintaining the derogation of contractual obligations concerning consumer contracts;
2020/05/18
Committee: IMCO
Amendment 561 #

2020/2018(INL)

Motion for a resolution
Annex I – part II – paragraph 4
The Digital Services Act should maintain the possibility for Member States to setseek to further harmonise consumer protection across the Union, in alignment with Directive (EU) 2019/770 and Directive (EU) 2019/771 and to maintain a higher level of consumer protection and pursue legitimate public interest objectives in accordance with EU law;
2020/05/18
Committee: IMCO
Amendment 574 #

2020/2018(INL)

Motion for a resolution
Annex I – part III – paragraph 1 – indent 1
- clarify to what extent new digital services, such as social media networks, collaborative economy services, search engines, wifi hotspots, online advertising, cloud services, content delivery networks, and domain name services fall within the scope of the Digital Services Act;
2020/05/18
Committee: IMCO
Amendment 577 #

2020/2018(INL)

Motion for a resolution
Annex I – part III – paragraph 1 – indent 2
- clarify the nature of the content hosting intermediaries (text, images, video, or audio content) on the one hand, and commercial online marketplaces (selling physical and digital goods) on the other;
2020/05/18
Committee: IMCO
Amendment 588 #

2020/2018(INL)

Motion for a resolution
Annex I – part III – paragraph 1 – indent 4 a (new)
- refrain from seeking to define or act upon “harmful content”;
2020/05/18
Committee: IMCO
Amendment 598 #

2020/2018(INL)

Motion for a resolution
Annex I – part III – paragraph 1 – indent 5 a (new)
- seek to codify the decisions of the European Court of Justice, where needed, and while having due regard to the main different pieces of legislation which use these definitions;
2020/05/18
Committee: IMCO
Amendment 599 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – title
IV. DUE DILIGENCETRANSPARENCY AND INFORMATION OBLIGATIONS
2020/05/18
Committee: IMCO
Amendment 604 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – introductory part
The Digital Services Act should introduce clear due diligence transparency and information obligations; those obligations should not create any derogations or new exemptions to the current liability regime and the secondary liability set out under Articles 12, 13, and 14 of the E-Commerce Directive and should cover the aspects described below:
2020/05/18
Committee: IMCO
Amendment 606 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
- the information requirements in Article 5 and Article 6 of the E-Commerce Directive should be reinforced and the “Know Your Business Customer” principle should be introduced; services providers should verify in the case where providers of online intermediation services use an information society service as means to sell or communicate with consumers; for traders or other providers on marketplaces and advertisers, brokers or other providers of commercial communication, services providers should collect the identity of their business partners, including their company registration number or any equivalent means of identification including, if necessary, the verified national identity of their ultimate beneficial owner; that information should be accurate and up-to- date, and service providers should not be allowed to provide their services when the information is incomplete or when the provider has been informed by the competent authorities that the identity of their business customer is false, misleading or otherwise invalid;
2020/05/18
Committee: IMCO
Amendment 616 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2
- that measure should apply only to business-to-business relationships and should be without prejudice to the rights of users under the GDPR, as well as the right to internet anonymity or being an unidentified user; the new general information requirements should review and further enhance Articles 5, 6 and 10 of the E-Commerce Directive in order to align those measures with the information requirements established in recently adopted legislation, in particular the Unfair Contract Terms Directive5 , the Consumer Rights Directive and the Platform to Business Regulation. __________________ 5 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, most recently amended by Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, p. 7).
2020/05/18
Committee: IMCO
Amendment 625 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 1
- to expressly set out in their contract terms and general conditions that service providers will not knowingly store illegal content;
2020/05/18
Committee: IMCO
Amendment 633 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4
- to ensure that the contract terms and general conditions comply with these and all information requirements established by Union lawUnion law, including any and all relevant information requirements, including those the Unfair Contract Terms Directive, the Consumer Rights Directive and the GDPR;
2020/05/18
Committee: IMCO
Amendment 637 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5
- to specify clearly and unambiguously in their contract terms and general conditions the exactmain parameters of their AI systems and how they can affect the choice or behaviour of their usersdetermining ranking content, and the reasons and importance of those parameters as opposed to other parameters.
2020/05/18
Committee: IMCO
Amendment 639 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5 a (new)
- start all Terms and Conditions agreements and all End-User Licensing Agreements with a summary statement based on a framework and document template, to be created by the Commission.
2020/05/18
Committee: IMCO
Amendment 661 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 1
- establish comprehensive rules on non-discrimination, transparency on the data set, oversight and risk assessment of algorithms for AI- driven services by national regulator authorities in order to ensure a higher level of consumer protection where there are gaps in current legislation;
2020/05/18
Committee: IMCO
Amendment 672 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 a (new)
- be on a case by case basis and not require a blanket investigation of all AI systems
2020/05/18
Committee: IMCO
Amendment 674 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 b (new)
- allow authorities to check algorithms when they have justified reasons to believe that it has algorithmic bias,
2020/05/18
Committee: IMCO
Amendment 676 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 c (new)
- be subject to clear confidentiality and protection of trade secret rules;
2020/05/18
Committee: IMCO
Amendment 678 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 d (new)
- ensure that consumers are protected by the right to be informed and the right to an explanation of AI services, in addition to the right to switch off or limit an AI system using personalization where possible;
2020/05/18
Committee: IMCO
Amendment 687 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 4
The compliance of the due diligence provisions should be reinforced with effective, proportionate and dissuasive penalties, including the imposition of fines.
2020/05/18
Committee: IMCO
Amendment 710 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 1 – indent 4
- introduce new transparency and independent national oversight of the content moderation procedures and tools related to the removal of illegal content online; such systems and procedures should be available for auditing and testing by independentnational authorities. of the country of origin;
2020/05/18
Committee: IMCO
Amendment 715 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 1 – indent 4 a (new)
- adapt the severity of the measures that need to be taken by service providers to the seriousness of the infringement;
2020/05/18
Committee: IMCO
Amendment 717 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 1 – indent 4 b (new)
- ensure that the access and removal of illegal content does not require the closure of access to overall sites and services which are otherwise legal and only affect the exact noticed content.
2020/05/18
Committee: IMCO
Amendment 725 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 2 – indent 2
- rank different types of providers, sectors and/or illegal content in order to appreciate the seriousness of the infringement;
2020/05/18
Committee: IMCO
Amendment 736 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 2 – indent 7
- require notices to be sufficiently precise and adequately substantiated so as to allow the service provider receiving them to take an informed and diligent decision as regards the effect to be given to the notice and specify the requirements necessary to ensure that notices are of a good quality, thereby enabling a swift removal of illegal content; such requirement should include the name and contact details of the notice provider, the link (URL) to the allegedly illegal content in question, the stated reason for the claim including an explanation of the reasons why the notice provider considers the content to be illegal, and if necessary, depending on the type of content, additional evidence for the claim;
2020/05/18
Committee: IMCO
Amendment 742 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 2 – indent 8
- allow for the submission of anonymous complaintsnotice provider to provide their contact details, without this being required, but while recording the IP address or other equivalent of the provider in order to prevent abuse;
2020/05/18
Committee: IMCO
Amendment 747 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 2 – indent 9
- consider, when a complaint is not anonymous, a declaration of good faith that the information provided is accurate;
2020/05/18
Committee: IMCO
Amendment 756 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 2 – indent 12 a (new)
- judicial injunctions issued in a Member State other than that of the online intermediaries should not be handle within the notice-and-action mechanism. The Commission should take due care in regards to the rules of private international law relating to conflicts of law and the jurisdiction of judicial authorities.
2020/05/18
Committee: IMCO
Amendment 758 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 2 a (new)
The Digital Service Act notice-and-action mechanism should be based on the work of the Commission as carried out in 2012 and 2013, including the public consultations of a potential self-standing Directive on procedures for notifying and acting on illegal content hosted by online intermediaries.
2020/05/18
Committee: IMCO
Amendment 759 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 2 b (new)
The Digital Service Act notice-and-action mechanism should be binding only for illegal content. This, however, should not prevent online intermediaries being able to adopt a similar notice-and-action mechanism for other content.
2020/05/18
Committee: IMCO
Amendment 760 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 2 c (new)
The right to be notified before a decision is taken to remove a content and the right to issue a counter-notice by a user shall only be restricted or waived, where: (a) subject to a legal or regulatory obligation which requires online intermediation services to terminate the provision of the whole of its online intermediation services to a given user in a manner which does not allow it to respect that notice-and-action mechanism; (b) online intermediation services can demonstrate that the user concerned has repeatedly infringed the applicable terms and conditions, including by uploading multiple potential illegal contents.
2020/05/18
Committee: IMCO
Amendment 771 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – subheading 2 – indent 4 a (new)
- an out-of-court dispute settlement mechanism should meet certain standards, notably in terms of procedural fairness, a presumption of innocence or lack of malicious intent by the content provider and that abuse is avoided.
2020/05/18
Committee: IMCO
Amendment 778 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 3 – introductory part
The notice-and-action mechanisms should be transparent and available to any interested party; to that end, online intermediaries should be obliged to publish annual reports with information on:
2020/05/18
Committee: IMCO
Amendment 782 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 3 – indent 5
- the description of the content moderation model applied by the hosting intermediary, as well as any algorithmic decision making which influences the content moderation process.
2020/05/18
Committee: IMCO
Amendment 788 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 3 a (new)
They should be required to update this report on an annual basis where there is a significant change from one year to the next or where a provider is a "systemic platform".
2020/05/18
Committee: IMCO
Amendment 789 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 3 b (new)
The obligation to publish and the required detail of this report should take into account the size or the scale on which online intermediaries operate and whether they have only limited resources and expertise and if there is a need for effective and appropriate safeguards accompanying such mechanisms.
2020/05/18
Committee: IMCO
Amendment 794 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 5
The Digital Services Act should address the lack of legal certainty regarding the concept of active vs passive hosts. The revised measures should clarodify if interventions by hosting providers having editorial functions and a certain “degree of control over the data,” through tagging, organising, promoting, optimising, presenting or otherwise curating specific content for profit- making purposes and which amounts to adoption of the third-party content as one’s own (as judged by average users or consumers) should lead to a loss of safe harbour provisions due to their active naturethe jurisprudence of the European Court of Justice on the matter.
2020/05/18
Committee: IMCO
Amendment 799 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 5 a (new)
The Digital Service Act should maintain its protections of non-active providers and other backend and infrastructure services which are not party to the contractual relations between online intermediaries and its business or private customers. Such backend services should not be held liable for actions which they did not have an active overarching decision making role and which merely implement decisions by the online intermediaries or its customers.
2020/05/18
Committee: IMCO
Amendment 800 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 5 b (new)
New proposals of obligations on content management and moderation, if deemed necessary beyond a notice-and-action mechanism, should be only possible within the framework of the suggested regulation on ex-ante measures for significant market players.
2020/05/18
Committee: IMCO
Amendment 802 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 6
The Digital Services Act should maintain the ban on general monitoring obligation under Article 15 of the current E- Commerce Directive. Online intermediaries should not be subject to general monitoring obligations, including any requirements for ex-ante control measures based on automated tools or upload-filtering of content.
2020/05/18
Committee: IMCO
Amendment 805 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 6 a (new)
The Digital Service Act, however, may allow for voluntary actions which would allow for online intermediaries to take social responsibility without losing the protections of article 14.
2020/05/18
Committee: IMCO
Amendment 824 #

2020/2018(INL)

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5
- once products have been identified as unsafe by the Union’s rapid alert systems or by consumer protection authorities, it should be compulsory to remove products from the marketplace within 24 hourstwo working days of receiving notification;
2020/05/18
Committee: IMCO
Amendment 835 #

2020/2018(INL)

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 7 a (new)
- explore the option that suppliers which are established in a third country have to designate a legal representative, established in the Union, who can be held accountable for the selling of products to European consumers which do not comply with Union rules of safety;
2020/05/18
Committee: IMCO
Amendment 838 #

2020/2018(INL)

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 8
- address the liability for online marketplaces if the online marketplace has not informed the consumer that a third party is the actual supplier of the goods or services, thus making the marketplace contractually liable vis-à-vis the consumer; liability should also be considered in case the marketplace willingly provides misleading information, guarantees, or statements;
2020/05/18
Committee: IMCO
Amendment 852 #

2020/2018(INL)

Motion for a resolution
Annex I – part VII – paragraph 1 a (new)
The Digital Services Act should do so in a separate instrument than the revision of the E-Commerce Directive.
2020/05/18
Committee: IMCO
Amendment 855 #

2020/2018(INL)

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 1
- set up an ex-ante mechanism to prevent (instead of merely remedy) unfair market behaviour by “systemic platforms” in the digitalhat lays down conditions, which if met, woruld, building on the Platform to Business Regulation; such mechanism should allow regulatory author require additional transparency measures and requirements, in additieson to impthose remedies on these companies in order to address market failures, without the establishment of a breach of regulatory rulesin the Platform to Business Regulation;
2020/05/18
Committee: IMCO
Amendment 861 #

2020/2018(INL)

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2
- empower regulatory authorities to issue orders prohibiting undertakings, which have been identified as “systemic platforms”, from the following practices, inter alia:such a mechanism should allow the national regulatory authority of the country of origin to impose remedies on these companies in order to address market failures, based on the conditions within the legal instrument and a closed list of positive and negative actions. This report should not prejudge of this list and the impact assessment should make a thorough analysis of the different issues observed on the market so far such as: - discrimination in intermediary services; - making the use of data for making market entry by third parties more difficult; and engaging in practices aimed at locking-in consumers; undertakings should be given the possibility to demonstrate that the behaviour in question is justified, yet they should bear the burden of proof for this;- lack of interoperability and appropriate tools, data, expertise, and resources deployed to allow consumers switch between digital platforms or internet ecosystems - obligations on content management and moderation, such as content recommendations and personalisation of a user interface.
2020/05/18
Committee: IMCO
Amendment 867 #

2020/2018(INL)

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2 a (new)
- empower the Commission to impose further conditions and decisions in relation to the rules of competition, including on self-preferencing and overall vertical integration, while ensuring that both policy tools are completely independent;
2020/05/18
Committee: IMCO
Amendment 868 #

2020/2018(INL)

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2 b (new)
- reserve to the Commission the power to decide if an information society service provider is a “systemic platform” based on the conditions of the mechanism;
2020/05/18
Committee: IMCO
Amendment 870 #

2020/2018(INL)

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 3
- clarify that some regulatory remedies should be imposed on all ”systemic platforms” without the need for a decision by a regulatory authority, such as prohibition for “systemic platforms” to engage in self-preferencing or in any practices aimed at making it more difficult for consumers to switch suppliers, or other forms of discrimination that exclude or disadvantage other businesses;deleted
2020/05/18
Committee: IMCO
Amendment 879 #

2020/2018(INL)

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6
- impose high levels of interoperability measures requiring “systemic platforms” to share appropriate tools, data, expertise, and resources deployed in order to limit the risks of users and consumers’ lock-in and the artificially binding users to one systemic platform with no possibility or incentives for switching between digital platforms or internet ecosystems. As part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of a mechanical interface (Application Programming Interface) that allows users of competing platforms to dock on to the systemic platform and exchange information with it.deleted
2020/05/18
Committee: IMCO
Amendment 891 #

2020/2018(INL)

Motion for a resolution
Annex I – part VIII – paragraph 1
The Digital Services Act should strengthen the internal market clause as the cornerstone of the Digital Single Market by complementing it with a new cooperation mechanism aimed at improving the cooperation and upon request and voluntary mutual assistance between Member States, in particular between the home country where the service provider is established and the host country where the provider is offering its services.
2020/05/18
Committee: IMCO
Amendment 896 #

2020/2018(INL)

Motion for a resolution
Annex I – part VIII – paragraph 2
The supervision and enforcement the Digital Services Act should be improved by the creation of central regulatory authority who should be responsiblegiving additional powers to the national regulator of the country of origin for overseeing compliance with the DSA and improve external monitoring, verification of platform activities, and better enforcement.
2020/05/18
Committee: IMCO
Amendment 902 #

2020/2018(INL)

Motion for a resolution
Annex I – part VIII – paragraph 3
The centrNational regulatory authorityies should prioritise cooperation between the Member States to address complex cross-border issues; to that end, it should work together with the network of independent NEBs and have detailed and extensive enforcement powers to launch initiatives and investigations into cross-border systemic issues.
2020/05/18
Committee: IMCO
Amendment 906 #

2020/2018(INL)

Motion for a resolution
Annex I – part VIII – paragraph 4
The central regulator should coordinateCommission, through the Joint Research Centre, should offer their expertise and analysis upon request, including aid during investigations, to the work of the different authorities dealing with illegal content online, enforce compliance, fines, and be able to carry out auditing of intermediaries and platforms.
2020/05/18
Committee: IMCO
Amendment 916 #

2020/2018(INL)

Motion for a resolution
Annex I – part VIII – paragraph 5
The central regulator should report to the Union institutions anCommission could maintain a ‘Platform Scoreboard’ with relevant information on the performance of online platforms.
2020/05/18
Committee: IMCO
Amendment 23 #

2020/2016(INI)

Draft opinion
Paragraph 1
1. Considers that AI used by police and judicial authorities has to be generally categorised as high-risk, given that the role of these authorities is to defend the public interest; considers that the EU should take the lead in laying down basic rules on the development and use of AI by public institutions to ensure the same high level of consumer protection across the EU;
2020/06/17
Committee: IMCO
Amendment 34 #

2020/2016(INI)

Draft opinion
Paragraph 2
2. Stresses that AI should help to ease the administrative burden on public authorities, without ever fully replacing human decisions, and that AI systems should rely on human oversight;
2020/06/17
Committee: IMCO
Amendment 49 #

2020/2016(INI)

Draft opinion
Paragraph 4
4. Emphasises that data collection and the monitoring of individuals should be limited to criminal suspects and court approved surveillance;
2020/06/17
Committee: IMCO
Amendment 67 #

2020/2016(INI)

Draft opinion
Paragraph 7 a (new)
7 a. Emphasises that where decision making is assisted by statistical calculations, such as at probation hearings, the decision makers need to be trained about the general biases statistical calculations carry and made aware about the specific biases of calculation in the particular situation;
2020/06/17
Committee: IMCO
Amendment 68 #

2020/2016(INI)

Draft opinion
Paragraph 7 b (new)
7 b. Recalls the right of rectification established in Regulation (EU) 2016/679 (General Data Protection Regulation) and stresses the particular importance of accurate data sets, when these are used to assist administrative decisions; calls on the Commission to examine the benefits of ensuring transparency regarding the individual data included in the particular calculation and an accompanying procedure for rectification.
2020/06/17
Committee: IMCO
Amendment 158 #

2020/0374(COD)

Proposal for a regulation
Recital 13
(13) In particular, online intermediation services, online search engines, operating systems, online social networking, web browsers, video sharing platform services, number- independent interpersonal communication services, cloud computing services and online advertising services all have the capacity to affect a large number of end users and businesses alike, which entails a risk of unfair business practices. They therefore should be included in the definition of core platform services and fall into the scope of this Regulation. Online intermediation services should be considered irrespective of the technology used to provide such services. In this sense, virtual or voice activated assistants and other connected devices fall within the scope of this Regulation whether their software is considered an operating system, an online intermediation service or a search engine. Online intermediation services may also be active in the field of financial services, and they may intermediate or be used to provide such services as listed non-exhaustively in Annex II to Directive (EU) 2015/1535 of the European Parliament and of the Council32 . In certain circumstances, the notion of end users should encompass users that are traditionally considered business users, but in a given situation do not use the core platform services to provide goods or services to other end users, such as for example businesses relying on cloud computing services for their own purposes. _________________ 32Directive (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, OJ L 241, 17.9.2015, p. 1.
2021/07/09
Committee: IMCO
Amendment 163 #

2020/0374(COD)

Proposal for a regulation
Recital 13
(13) In particular, online intermediation services, online search engines, operating systems, online social networking, video sharing platform services, number- independent interpersonal communication services, cloud computing services and, online advertising services and web browsers all have the capacity to affect a large number of end users and businesses alike, which entails a risk of unfair business practices. They therefore should be included in the definition of core platform services and fall into the scope of this Regulation. Online intermediation services may also be active in the field of financial services, and they may intermediate or be used to provide such services as listed non-exhaustively in Annex II to Directive (EU) 2015/1535 of the European Parliament and of the Council32 . In certain circumstances, the notion of end users should encompass users that are traditionally considered business users, but in a given situation do not use the core platform services to provide goods or services to other end users, such as for example businesses relying on cloud computing services for their own purposes. _________________ 32Directive (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, OJ L 241, 17.9.2015, p. 1.
2021/07/09
Committee: IMCO
Amendment 180 #

2020/0374(COD)

Proposal for a regulation
Recital 20
(20) A very high number of business users that depend on a core platform service to reach a very high number of monthly active end users allow the provider of that service to influence the operations of a substantial part of business users to its advantage and indicate in principle that the provider serves as an important gateway. The respective relevant levels for those numbers should be set representing a substantive percentage of the entire population of the Union when it comes to end users and of the entire population of businesses using platforms to determine the threshold for business users. Active end users as well as business users should be defined in a way to adequately represent the role and reach of the specific core platform service in question. In order to provide legal certainty for gatekeepers, elements of such definitions per core platform service should be set out in an annex to this Regulation, which should be subject to possible amendment by the Commission by means of delegated act to be able to keep it up to date in the light of technical or other developments.
2021/07/09
Committee: IMCO
Amendment 188 #

2020/0374(COD)

Proposal for a regulation
Recital 25
(25) Such an assessment can only be done in light of a market investigation, while taking into account the quantitative thresholds. In its assessment the Commission should pursue the objectives of preserving and fostering the level of innovation, the quality of digital products and services, the degree to which prices are fair and competitive, and the degree to which quality or choice for business users and for end users is or remains high. Elements that are specific to the providers of core platform services concerned, such as extreme scale economies, very strong network effects, an ability to connect many business users with many end users through the multi-sidedness of these services, lock-in effects, a lack of multi- homing or vertical integration, can be taken into account. The potential negative and positive impacts of these elements for business users, especially for small and medium-sized enterprises, and consumers should be taken into consideration. In addition, a very high market capitalisation, a very high ratio of equity value over profit or a very high turnover derived from end users of a single core platform service can point to the tipping of the market or leveraging potential of such providers. Together with market capitalisation, high growth rates, or decelerating growth rates read together with profitability growth, are examples of dynamic parameters that are particularly relevant to identifying such providers of core platform services that are foreseen to become entrenched. The Commission should be able to take a decision by drawing adverse inferences from facts available where the provider significantly obstructs the investigation by failing to comply with the investigative measures taken by the Commission.
2021/07/09
Committee: IMCO
Amendment 199 #

2020/0374(COD)

Proposal for a regulation
Recital 32
(32) To safeguard the fairness and contestability of core platform services provided by gatekeepers, it is necessary to provide in a clear and unambiguous manner for a set of harmonised obligations with regard to those services. Such rules are needed to address the risk of harmful effects of unfair practices imposed by gatekeepers, to the benefit of the business environment in the services concerned, to the benefit of users and ultimately to the benefit of society as a whole. Given the fast-moving and dynamic nature of digital markets, and the substantial economic power of gatekeepers, it is important that these obligations are effectively applied without being circumvented. To that end, the obligations in question should apply to any practices by a gatekeeper, irrespective of its form and irrespective of whether it is of a contractual, commercial, technical or any other nature, including through product design or by presenting end-user choices in a non-neutral manner, or by otherwise subverting or impairing user autonomy, decision-making, or choice via the structure, function or manner of operation of a user interface or a part thereof, insofar as a practice corresponds to the type of practice that is the subject of one of the obligations of this Regulation.
2021/07/09
Committee: IMCO
Amendment 203 #

2020/0374(COD)

Proposal for a regulation
Recital 33
(33) The obligations laid down in this Regulation are limited to what is necessary and justified to address the unfairness of the identified practices by gatekeepers and to ensure contestability in relation to core platform services provided by gatekeepers. Therefore, the obligations should correspond to those practices that are considered unfair by taking into account the features of the digital sector and where experience gained, for example in the enforcement of the EU competition rules, shows that they have a particularly negative direct impact on the business users and end users. The obligations laid down in the Regulation should specifically take into account the nature of the core platform services provided and the presence of different business models. In addition, it is necessary to provide for the possibility of a regulatory dialogue with gatekeepers to tailor those obligations that are likely to require specific implementing measures in order to ensure their effectiveness and proportionality. The obligations should only be updated after a thorough investigation on the nature and impact of specific practices that may be newly identified, following an in-depth investigation, as unfair or limiting contestability in the same manner as the unfair practices laid down in this Regulation while potentially escaping the scope of the current set of obligations.
2021/07/09
Committee: IMCO
Amendment 207 #

2020/0374(COD)

Proposal for a regulation
Recital 35
(35) The obligations laid down in this Regulation are necessary to address identified public policy concerns, there being no alternative and less restrictive measures that would effectively achieve the same result, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices.
2021/07/09
Committee: IMCO
Amendment 219 #

2020/0374(COD)

Proposal for a regulation
Recital 37
(37) Because of their position, gatekeepers might in certain cases restrict the ability of business users of their online intermediation services to offer their goods or services to end users under more favourable conditions, including price, through other online intermediation services or their own websites or other distribution channels. Such restrictions have a significant deterrent effect on the business users of gatekeepers in terms of their use of alternative distribution channels online intermediation services, limiting inter-platform contestability, which in turn limits choice of alternative online intermediation channels for end users. To ensure that business users of online intermediation services of gatekeepers can freely choose alternative online services intermediation services and differentiate the conditions under which they offer their products or services to their end users, it should not be accepted that gatekeepers limit business users from choosing to differentiate commercial conditions, including price. Such a restriction should apply to any measure with equivalent effect, such as for example increased commission rates, or de-listing or less favourable ranking of the offers of business users.
2021/07/09
Committee: IMCO
Amendment 228 #

2020/0374(COD)

Proposal for a regulation
Recital 38
(38) To prevent further reinforcing their dependence on the core platform services of gatekeepers, the business users of these gatekeepers should be free in promoting and choosing the distribution channel they consider most appropriate to interact with any end users that these business users have already acquired through core platform services provided by the gatekeeper. Conversely, end users should also be free to choose offers of such business users and to enter into contracts with them either through core platform services of the gatekeeper, if applicable, or from a direct distribution channel of the business user or another indirect distribution channel such a business user may use. This should apply to the promotion of offers, any communications and conclusion of contracts between business users and end users. Moreover, the ability of end users to freely acquire content, subscriptions, features or other items outside the core platform services of the gatekeeper should not be undermined or restricted. In particular, it should be avoided that gatekeepers restrict end users from access to and use of such services via a software application running on their core platform service. For example, subscribers to online content purchased outside a software application download or purchased from a software application store should not be prevented from accessing such online content on a software application on the gatekeeper’s core platform service simply because it was purchased outside such software application or software application store.
2021/07/09
Committee: IMCO
Amendment 235 #

2020/0374(COD)

Proposal for a regulation
Recital 39 a (new)
(39 a) The national competition authorities should gather complaints from third parties on unfair behaviours by gatekeepers that fall within the scope of this Regulation and report relevant cases to the Commission. Based on clearly defined conditions and investigation priorities, the Commission should then examine the complaints and act accordingly by, for example, opening a formal market investigation.
2021/07/09
Committee: IMCO
Amendment 253 #

2020/0374(COD)

Proposal for a regulation
Recital 46
(46) A gatekeeper may use different means to favour its own services or products on its core platform service, to the detriment of the same or similar services that end users could obtain through third parties. This may for instance be the case where certain software applications or services are pre-installed by a gatekeeper. To enable end user choice, gatekeepers should not prevent end users from un- installing any pre-installed software applications on its core platform service and thereby favour their own software applications. The gatekeeper may restrict such un-installation when such applications are essential to the functioning of the operating system or the device.
2021/07/09
Committee: IMCO
Amendment 270 #

2020/0374(COD)

Proposal for a regulation
Recital 48 a (new)
(48 a) Gatekeepers can offer software applications or services which may be used on, or in conjunction with, a core platform service, such as operating systems or cloud computing services, offered by the same gatekeeper. If, in such circumstances, the gatekeeper prevents end users being able to use their software applications or services on, or in conjunction with, products or services of alternative providers under equal conditions as with the products or services of the gatekeeper, this could significantly undermine choice for end users and innovation by alternative providers. It should therefore be ensured that gatekeepers do not restrict to their advantage and to the detriment of alternative providers, end users and business users in choosing the products or services of alternative providers which they use in conjunction with the core platform service offered by the gatekeeper.
2021/07/09
Committee: IMCO
Amendment 313 #

2020/0374(COD)

Proposal for a regulation
Recital 58
(58) This Regulation should aim to ensure contestability and fairness of the digital economy, with a view to promoting innovation, high quality of digital products and services, fair and competitive prices, as well as a high quality and choice for end users in the digital sector. To ensure the effectiveness of the obligations laid down by this Regulation, while also making certain that these obligations are limited to what is necessary and proportionate to ensure contestability and tackling the harmful effects of the unfair behaviour by gatekeepers, it is important to clearly define and circumscribe them so as to allow the gatekeeper to immediately comply with them, in full respect of Regulation (EU) 2016/679 and Directive 2002/58/EC, consumer protection, cyber security and product safety. The gatekeepers should ensure the compliance with this Regulation by design. The necessary measures should therefore be as much as possible and where relevant integrated into the technological design used by the gatekeepers. However, it may in certain cases be appropriate for the Commission, following a dialogue with the gatekeeper concerned, toIn view of that, further specification should be possible where specific modalities of the implementation of an obligation set out in Article 6 can be affected by differences in business models where the provision concerned applies to a broad range of core platform services. To this end, the gatekeeper should be granted the opportunity to engage in a regulatory dialogue whereby the Commission may further specify some of the measures that the gatekeeper concerned should adopt in order to effectively comply with the objectives of those obligations that are susceptible of being further specified. This regulatory dialogue should be limited to the questions around ensuring effective compliance with the obligation in line with the protection of safety, security and privacy. During such regulatory dialogue, the Commission should be able to consult with interested third parties in relation to the measures that the gatekeeper is expected to implement. The Commission will nevertheless retain discretion in deciding when further specification should be provided. This would ensure that the regulatory dialogue is not used to circumvent the present regulation. Furthermore, the regulatory dialogue is without prejudice to the powers of the Commission to adopt a decision pursuant to Articles 25, 26 or 27. Such decisions would be normally adopted when the gatekeeper acts in bad faith during the regulatory dialogue or in case of blatant non-compliance with an obligation. The possibility of a regulatory dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the Regulation.
2021/07/09
Committee: IMCO
Amendment 331 #

2020/0374(COD)

Proposal for a regulation
Recital 62
(62) In order to ensure the full and lasting achievement of the objectives of this Regulation, the Commission should be able to assess whether a provider of core platform services should be designated as a gatekeeper without meeting the quantitative thresholds laid down in this Regulation; whether systematic non- compliance by a gatekeeper warrants imposing additional remedies; and whether the list of obligations addressing unfair practices by gatekeepers should be reviewed and additional practices that are similarly unfair and limiting the contestability of digital markets should be identified; and whether the prior designation of gatekeepers or introduction of obligations has had a significant impact on business users, especially on small and medium-sized enterprises, or consumers. Such assessment should be based on market investigations to be run in an appropriate timeframe, by using clear procedures and deadlines, in order to support the ex ante effect of this Regulation on contestability and fairness in the digital sector, and to provide the requisite degree of legal certainty.
2021/07/09
Committee: IMCO
Amendment 336 #

2020/0374(COD)

Proposal for a regulation
Recital 63
(63) Following a market investigation, an undertaking providing a core platform service could be found to fulfil all of the overarching qualitative criteria for being identified as a gatekeeper. It should then, in principle, comply with all of the relevant obligations laid down by this Regulation which are appropriate and necessary to guarantee contestability. However, for gatekeepers that have been designated by the Commission as likely to enjoy an entrenched and durable position in the near future, the Commission should only impose those obligations that are necessary and appropriate to prevent that the gatekeeper concerned achieves an entrenched and durable position in its operations. With respect to such emerging gatekeepers, the Commission should take into account that this status is in principle of a temporary nature, and it should therefore be decided at a given moment whether such a provider of core platform services should be subjected to the full set of gatekeeper obligations because it has acquired an entrenched and durable position, or conditions for designation are ultimately not met and therefore all previously imposed obligations should be waived.
2021/07/09
Committee: IMCO
Amendment 340 #

2020/0374(COD)

Proposal for a regulation
Recital 64
(64) The Commission should investigate and assess whether additional behavioural, or, where appropriate, structural remedies are justified, in order to ensure that the gatekeeper cannot frustrate the objectives of this Regulation by systematic non- compliance with one or several of the obligations laid down in this Regulation, which has further strengthened its gatekeeper position. This would be the case if the gatekeeper’s size in the internal market has further increased, economic dependency of business users and end users on the gatekeeper’s core platform services has further strengthened as their number has further increased and the gatekeeper benefits from increased entrenchment of its position. The Commission should therefore in such cases have the power to impose any remedy, whether behavioural or structural, having due regard to the principle of proportionality. Structural remedies, such as legal, functional or structural separation, including the divestiture of a business, or parts of it, should only be imposed either where there is no equally effective behavioural remedy or where any equally effective behavioural remedy would be more burdensome for the undertaking concerned than the structural remedy. Changes to the structure of an undertaking as it existed before the systematic non- compliance was established would only be proportionate where there is a substantial risk that this systematic non- compliance results from the very structure of the undertaking concerned. The Commission should be able to impose interim measures at any time during proceedings to prevent serious or immediate damages for business users or end users.
2021/07/09
Committee: IMCO
Amendment 343 #

2020/0374(COD)

Proposal for a regulation
Recital 65 a (new)
(65 a) Interim measures can be an important tool to ensure that, while an investigation is ongoing, the infringement being investigated does not lead to serious and immediate damage for business users or end users of gatekeepers. In case of urgency, where a risk of serious and immediate damage for business users or end-users of gatekeepers could result from new practices that may undermine contestability of core platform services, the Commission should be empowered to impose interim measures by temporarily imposing obligations to the gatekeeper concerned. These interim measures should be limited to what is necessary and justified. They should apply pending the conclusion of the market investigation and the corresponding final decision of the Commission pursuant to Article 17.
2021/07/09
Committee: IMCO
Amendment 349 #

2020/0374(COD)

Proposal for a regulation
Recital 67
(67) WIn exceptional circumstances where, in the course of a proceeding into non-compliance or an investigation into systemic non- compliance, a gatekeeper offers commitments to the Commission, the latter should be able to adopt a decision making these commitments binding on the gatekeeper concerned, where it finds that the commitments ensure effective compliance with the obligations of this Regulation, taking into account important economical consequences when not issuing a non-compliance decision and taking into account possible damages already caused by the gatekeeper to the market. This decision should also find that there are no longer grounds for action by the Commission.
2021/07/09
Committee: IMCO
Amendment 351 #

2020/0374(COD)

Proposal for a regulation
Recital 67 a (new)
(67 a) The Commission shall, where appropriate, be entitled to require the commitments to be tested, for example, by using split-run tests and other randomised experiments, in order to optimise their effectiveness. The commitments should be reviewed after they have been in place for an appropriate period. Where the review of the commitments by the Commission shows that they have not led to effective compliance, the Commission should be entitled to require amendment or revocation thereof.
2021/07/09
Committee: IMCO
Amendment 361 #

2020/0374(COD)

Proposal for a regulation
Recital 72
(72) The Commission should be able to take the necessary actions to monitor the effective implementation and compliance with the obligations laid down in this Regulation. Such actions should include the ability of the Commission to appoint independent external experts, such as and auditors to assist the Commission in this process, including where applicable from competent independent authorities, such as data or consumer protection authorities.
2021/07/09
Committee: IMCO
Amendment 368 #

2020/0374(COD)

Proposal for a regulation
Recital 75
(75) In the context of proceedings carried out under this Regulation, the undertakings concerned should be accorded the right to be heard by the Commission and the decisions taken should be widely publicised. While ensuring the rights to good administration and the rights of defence of the undertakings concerned, in particular, the right of access to the file and the right to be heard, it is essential that confidential informationand sensitive commercial information, which could affect the privacy of trade secrets, be protected. Furthermore, while respecting the confidentiality of the information, the Commission should ensure that any information relied on for the purpose of the decision is disclosed to an extent that allows the addressee of the decision to understand the facts and considerations that led up to the decision. Finally, under certain conditions certain business records, such as communication between lawyers and their clients, may be considered confidential if the relevant conditions are met.
2021/07/09
Committee: IMCO
Amendment 370 #

2020/0374(COD)

Proposal for a regulation
Recital 75 a (new)
(75 a) In addition, the Commission should keep the European Parliament fully and regularly informed of the proceedings carried out under this Regulation, with due regard to the principle of good administration and accountability, in order to ensure democratic scrutiny of the measures carried out by the Commission.
2021/07/09
Committee: IMCO
Amendment 372 #

2020/0374(COD)

Proposal for a regulation
Recital 78
(78) The Commission should periodically evaluate this Regulation and closely monitor its effects on the contestability and fairness of commercial relationships in the online platform economy, in particular with a view to determining the need for amendments in light of relevant technological or commercial developments. This evaluation should include the regular review of the list of core platform services and the obligations addressed to gatekeepers as well as enforcement of these, in view of ensuring that digital markets across the Union are contestable and fair. In order to obtain a broad view of developments in the sector, the evaluation should take into account the experiences of Member States and relevant stakeholders. The Commission may in this regard also consider the opinions and reports presented to it by the Observatory on the Online Platform Economy that was first established by Commission Decision C(2018)2393 of 26 April 2018, by Eurostat, and by the national statistics offices of the countries where the service providers operate. Following the evaluation, the Commission should take appropriate measures. The Commission should to maintain a high level of protection and respect for the common EU rights and values, particularly equality and non-discrimination, as an objective when conducting the assessments and reviews of the practices and obligations provided in this Regulation.
2021/07/09
Committee: IMCO
Amendment 379 #

2020/0374(COD)

Proposal for a regulation
Recital 79 a (new)
(79 a) The Commission shall apply the provisions of this Regulation in close cooperation with the competent national competition authorities, acting within the framework of the European Competition Network, to ensure effective enforceability as well as coherent implementation of this Regulation and to facilitate the cooperation with national authorities.
2021/07/09
Committee: IMCO
Amendment 381 #

2020/0374(COD)

Proposal for a regulation
Recital 79 b (new)
(79 b) Without prejudice to the budgetary procedure and through existing financial instruments, adequate human, financial and technical resources should be allocated to the Commission to ensure that it can effectively perform its duties and exercise its powers as necessary for the enforcement of this Regulation.
2021/07/09
Committee: IMCO
Amendment 390 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 3 – point b
(b) related to electronic communications services as defined in point (4) of Article 2 of Directive (EU) 2018/1972 other than those related to number-independent interpersonal communication services as defined in point (4)(b7) of Article 2 of that Directive.
2021/07/09
Committee: IMCO
Amendment 391 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 3 a (new)
3 a. This Regulation shall not apply to the data that is used to maintain or improve security of online transactions and prevent fraud.
2021/07/09
Committee: IMCO
Amendment 392 #

2020/0374(COD)

5. In order to ensure the frictionless and coherent application of this Regulation throughout the internal market and to guarantee a fully harmonized approach, the European Commission shall be the sole enforcer and decision maker on the correct application of the rules and obligations outlined in this Regulation. Member States shall not impose on gatekeepers further obligations by way of laws, regulations or administrative action for the purpose of ensuring contestable and fair markets. This is without prejudice to rules pursuing other legitimate public interests, in compliance with Union law. In particular, nothing in this Regulation precludes Member States from imposing obligations, which are compatible with Union law, on undertakings, including providers of core platform services where these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this Regulation in order to protect consumers or to fight against acts of unfair competition.
2021/07/09
Committee: IMCO
Amendment 399 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 5 a (new)
5 a. In addition to Article 32a, national competition authorities shall notify the Commission at least four weeks before the opening of any formal proceedings against any provider of core platform services if there is any possible overlap with the scope of this Regulation in order to ensure close coordination and cooperation at Union and national level.
2021/07/09
Committee: IMCO
Amendment 411 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 7
7. National authorities shall not take decisions which would run counter to a decision adopted by the Commission under this Regulation. The Commission and Member States shall work in close cooperation and coordination in their enforcement actions on the basis of the principles and rules established in Article 32a.
2021/07/09
Committee: IMCO
Amendment 422 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point g
(g) cloud computing services, except if those services are used by business users as underlying facilities for the purposes of developing and deploying their own solutions;
2021/07/09
Committee: IMCO
Amendment 432 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h a (new)
(h a) web browsers;
2021/07/09
Committee: IMCO
Amendment 433 #
2021/07/09
Committee: IMCO
Amendment 437 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h b (new)
(h b) virtual assistants;
2021/07/09
Committee: IMCO
Amendment 442 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
(3 a) ‘Virtual assistant’ means software that can perform tasks or services for end- users based on commands or questions;
2021/07/09
Committee: IMCO
Amendment 443 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 b (new)
(3 b) ‘Web browser’ means a client software program that runs against a Web server or other Internet server and enables a user to navigate the World Wide Web to access and display data, including standalone web browsers as well as web browsers integrated or embedded in software or similar;
2021/07/09
Committee: IMCO
Amendment 445 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6
(6) ‘Online search engine’ means a digital service as defined in point 5 of Article 2 of Regulation (EU) 2019/1150, thus excluding the search functions on other online intermediation services;
2021/07/09
Committee: IMCO
Amendment 466 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 14
(14) ‘Ancillary service’ means services provided in the context of or together with core platform services, including payment services as defined in point 3 of Article 4 and technical services which support the provision of payment services as defined in Article 3(j) of Directive (EU) 2015/2366, fulfilment, parcel delivery as defined in Article 2 paragraph 2 of Regulation (EU) 2018/644,freight transport, identification or advertising services; .
2021/07/09
Committee: IMCO
Amendment 526 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 3 – introductory part
3. Where a provider of core platform services meets all the thresholds in paragraph 2, it shall notify the Commission thereof within threewo months after those thresholds are satisfied and provide it with the relevant information identified in paragraph 2.. That notification shall include the relevant information identified in paragraph 2 for each of the core platform services of the provider that meets the thresholds in paragraph 2 point (b). The notification shall be updated whenever other core platform services individually meet the thresholds in paragraph 2 point (b).
2021/07/09
Committee: IMCO
Amendment 558 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point e a (new)
(e a) the degree of multi-homing among business users and active end users;
2021/07/09
Committee: IMCO
Amendment 572 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 7 a (new)
7 a. When designating a gatekeeper, the Commission shall specify, under Article 7, which obligations are to be implemented by the gatekeeper, taking into account the business models of the gatekeeper concerned.
2021/07/09
Committee: IMCO
Amendment 574 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 8
8. The gatekeeper shall comply with the obligations laid down in Articles 5 and 6 withiand shall notify the Commission of the details of its compliance with those obligations as soon as possible, and in any case no later than six months after a core platform service has been included in the list pursuant to paragraph 7 of this Article.
2021/07/09
Committee: IMCO
Amendment 576 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 8
8. The gatekeeper shall comply with the obligations laid down in Articles 5 and 6, and notify the Commission of the terms of its compliance, within six months after a core platform service has been included in the list pursuant to paragraph 7 of this Article.
2021/07/09
Committee: IMCO
Amendment 584 #

2020/0374(COD)

Proposal for a regulation
Article 4 – paragraph 2 – introductory part
2. The Commission shall regularly, and at least every 2 years, review whether the designated gatekeepers continue to satisfy the requirements laid down in Article 3(1), or whether new providers of core platform services satisfy those requirements. The regular review shall also examine whether the list of affected core platform services of the gatekeeper needs to be adjusted and if any business users, especially small and medium-sized enterprises or consumers, have been negatively impacted by the designation of a core platform service as a gatekeeper.
2021/07/09
Committee: IMCO
Amendment 620 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) allow business users to offer the same products or services to end users themselves or through third party online intermediation services at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;
2021/07/09
Committee: IMCO
Amendment 623 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) allow business users to promote offers to or communicate with end users acquired via the core platform service, within or outside the core platform service, and to conclude contracts with these end users regardless of whether for that purpose they use the core platform services of the gatekeeper or not, and allow end users to access and use, through the core platform services of the gatekeeper, content, subscriptions, features or other items by using the software application of a business user, where these items have been acquired by the end users from the relevant business user without using the core platform services of the gatekeeper, unless the gatekeeper can demonstrate that such access bypasses the security measures of the gatekeeper's core platform service;
2021/07/09
Committee: IMCO
Amendment 665 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point f a (new)
(f a) a platform must refrain from requiring ‘the acceptance of supplementary conditions or services that, by their nature or according to commercial usage, have no connection with and are not necessary for the provision of the platform or services to its business users’.
2021/07/09
Committee: IMCO
Amendment 673 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g
(g) provide individual advertisers and publishers to which it supplies advertising services, upon their request, with information concerningon the visibility and availability of advertisement portfolio as well as pricing conditions concerning the bids placed by advertisers and advertising intermediaries, the price paid by the advertiser and publisher, as well as the amount or remuneration paid to the publisher, for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper.
2021/07/09
Committee: IMCO
Amendment 690 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
(g a) prioritize trustworthy sources, such as public authorities, scientific sources on their platforms and ancillary services that do not cater to special interests. Trost worthy sources are those that use technical standards established in a participatory and transparent manner, operating according to the highest, internationally recognized professional norms;
2021/07/09
Committee: IMCO
Amendment 723 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) allow end users to un-install any pre-installed software applications, and delete the accompanying collected and stored data, on its core platform service without prejudice to the possibility for a gatekeeper to restrict such un-installation in relation to software applications that are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third- parties;
2021/07/09
Committee: IMCO
Amendment 733 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) allow the installation and effective use of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. The gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper or undermine the protection of user safety and data protection, provided that such measures are duly justified and proportionate;
2021/07/09
Committee: IMCO
Amendment 745 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) refrain from embedding or treating more favourably in ranking services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third partyies and apply fair and non-discriminatory conditions to such ranking;
2021/07/09
Committee: IMCO
Amendment 746 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) refrain from treatingharming competition by embedding or treating, in an unjustified, abusive or harmful manner, more favourably in ranking services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non-discriminatory conditions to such ranking;
2021/07/09
Committee: IMCO
Amendment 762 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point e
(e) refrain from technically restricting the ability of end users to switch between and subscribe to different software applications and services to be accessed using the operating system of the gatekeeper, including as regards the choice of Internet access provider for end users, or using its virtual assistant;
2021/07/09
Committee: IMCO
Amendment 769 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point f
(f) allow business users, end-users and providers of ancillary services access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services. The gatekeeper shall not be prevented from taking justified, non-discriminatory and proportionate measures to ensure that third party ancillary services do not endanger user safety, data protection, or the functionality and integrity of the operating system or hardware;
2021/07/09
Committee: IMCO
Amendment 786 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, or third parties authorised by advertisers and publishers, upon their request and free of charge, with access to the performance measuring tools of the gatekeeper and the information necessary for advertisers and publishers to carry out their own independent verification of the ad inventory, including aggregated data and performance data in a manner that would allow advertisers and publishers to run their own verification and measurement tools to assess performance of the core services provided for by the gatekeepers;
2021/07/09
Committee: IMCO
Amendment 805 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, continuous and real-time access and use of aggregated orand non-aggregated data, that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; ;
2021/07/09
Committee: IMCO
Amendment 822 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
(k a) refrain from imposing on business users or end users software applications or services which are used on, or in conjunction with a core service platform of the gatekeeper, any licensing conditions or economic terms that have the effect of limiting, in a discriminatory manner relative to the gatekeeper’s own offerings, end users’ ability or economic incentive to use software applications or services on, or in conjunction with, products or services that compete with those of the gatekeeper for instance by attributing a preferential treatment to its own offerings which would bring them forward to the attention of the end users or business users.
2021/07/09
Committee: IMCO
Amendment 854 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Where the Commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implemented, do not ensure effective compliance with the relevant obligations laid down in Article 6, it may act on its own initiative and may by decision specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision wias soon as possible, and in any case no later thian six months from the opening of proceedings pursuant to Article 18.
2021/07/09
Committee: IMCO
Amendment 861 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 2 a (new)
2 a. In order to effectively comply with the obligations laid down in Article 6, the gatekeeper shall be granted the opportunity to engage in a regulatory dialogue, whereby the Commission can further specify relevant measures that the gatekeeper concerned shall adopt in order to effectively comply with those obligations. When doing so, the Commission may decide to consult third parties whose views it considers necessary in relation to the measures that the gatekeeper is expected to implement. Further specification of obligations laid down in Article 6 shall be limited to issues relating to ensuring effective compliance with the obligation while protecting safety, security and privacy and where the modalities of implementation of an obligation can be affected by differences in business models. The Commission shall retain discretion in deciding whether to engage in such a dialogue.
2021/07/09
Committee: IMCO
Amendment 863 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 2 b (new)
2 b. A gatekeeper may request an opening of proceedings pursuant to Article 18 in order for the Commission to determine whether the measures that the gatekeeper intends to implement or has implemented under Article 6 are effective in achieving the objective of the relevant obligation in the specific circumstances. A gatekeeper shall, in its request, provide a reasoned submission to explain in particular, why the measures that it intends to implement or has implemented are effective in achieving the objective of the relevant obligation in the specific circumstances.
2021/07/09
Committee: IMCO
Amendment 872 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. In view of adopting the decision under paragraph 2, the Commission shall communicate its preliminary findings wias soon as possible, and in any case no later thian three months from the opening of the proceedings. In the preliminary findings, the Commission shall explain the measures it considers to take or it considers that the provider of core platform services concerned should take in order to effectively address the preliminary findings.
2021/07/09
Committee: IMCO
Amendment 882 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 7
7. A gatekeeper may request the opening of proceedings pursuant to Article 18 for the Commission to determine whether the measures that the gatekeeper intends to implement or has implemented under Article 6 are effective in achieving the objective of the relevant obligation in the specific circumstances. A gatekeeper may, with its request, provide a reasoned submission to explain in particular why the measures that it intends to implement or has implemented are effective in achieving the objective of the relevant obligation in the specific circumstances.deleted
2021/07/09
Committee: IMCO
Amendment 890 #

2020/0374(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. The Commission may, on a reasoned request by the gatekeeper, exceptionally suspend, in whole or in part, a specific obligation laid down in Articles 5 and 6 for a core platform service by decision adopted in accordance with the advisory procedure referred to in Article 32(4), where the gatekeeper demonstrates that compliance with that specific obligation would endanger, due to exceptional circumstances beyond the control of the gatekeeper, the economic viability of the operation of the gatekeeper in the Union, and only to the extent necessary to address such threat to its viability. The Commission shall aim to adopt the suspension decision without delay and at the latest 3 months following receipt of a complete reasoned request. The suspension decision shall be accompanied by a reasoned statement explaining the grounds for the suspension.
2021/07/09
Committee: IMCO
Amendment 899 #

2020/0374(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. Where the suspension is granted pursuant to paragraph 1, the Commission shall review its suspension decision every year. Following such a review the Commission shall either in whole or in part lift the suspension or decide that the conditions of paragraph 1 continue to be met.
2021/07/09
Committee: IMCO
Amendment 902 #

2020/0374(COD)

Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
In assessing the request, the Commission shall take into account, in particular, the impact of the compliance with the specific obligation on the economic viability of the operation of the gatekeeper in the Union as well as on third parties, in particular smaller business users and consumers. The suspension may be made subject to conditions and obligations to be defined by the Commission in order to ensure a fair balance between these interests and the objectives of this Regulation. Such a request may be made and granted at any time pending the assessment of the Commission pursuant to paragraph 1.
2021/07/09
Committee: IMCO
Amendment 911 #

2020/0374(COD)

Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 a (new)
Where the exemption is granted pursuant paragraph 1, the Commission shall review its exemption decision every year. Following such a review, the Commission shall either lift the exemption or decide that the conditions of paragraph 1 continue to be met.
2021/07/09
Committee: IMCO
Amendment 919 #

2020/0374(COD)

Proposal for a regulation
Article 10 – paragraph 1 a (new)
1a. The delegated acts that update the obligations laid down in Articles 5 and 6 in accordance with the first subparagraph shall be limited to: (a) extending any obligation that applies to a certain core platform service or to any other core platform service listed in point (2) of Article 2; (b) specifying the manner in which the obligations of the gatekeepers under Articles 5 and 6 are to be implemented, including through the incorporation of specifications under point (2) of Article 7 into the obligations; (c) extending any obligation that identifies a certain subset of users as beneficiaries to any other subset of users as beneficiaries; (d) supplementing or amending the obligations with a view to improving the effectiveness of the application of those obligations and preventing their circumvention.
2021/07/09
Committee: IMCO
Amendment 927 #

2020/0374(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point a
(a) there is an imbalance of rights and obligations on business users andor the gatekeeper is obtaining an advantage from business users that is disproportionate to the service provided by the gatekeeper to business users; or
2021/07/09
Committee: IMCO
Amendment 930 #

2020/0374(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with. While the obligations of Articles 5 and 6 apply in respect of core platform services designated pursuant to Article 3, their implementation shall not be undermined by any behaviour of the gatekeeper or any part of the undertaking to which the gatekeeper belongs, regardless of whether this behaviour is of a contractual, commercial, technical or any other nature, including through product design or by presenting end user choices in a non- neutral manner, or by otherwise subverting or impairing user autonomy, decision-making, or choice via the structure, function or manner of operation of a user interface or a part thereof.
2021/07/09
Committee: IMCO
Amendment 936 #

2020/0374(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with. While the obligations of Articles 5 and 6 apply in respect of core platform services designated pursuant to Article 3, their implementation shall not be undermined by any behaviour of thea gatekeeper, including any undertaking to which the gatekeeper belongs, shall not engage in any behaviour regardless of whether this behaviour is of a contractual, commercial, technical or any other nature that would undermine these obligations.
2021/07/09
Committee: IMCO
Amendment 946 #

2020/0374(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. A gatekeeper shall not degrade the conditions or quality of any of the core platform services provided to business users or end users who avail themselves of the rights or choices laid down in Articles 5 and 6, or make the exercise of those rights or choices unduly difficult, including by presenting end-user choices in a non-neutral manner, or by otherwise subverting or impairing user autonomy, decision-making, or choice via the structure, function or manner of operation of a user interface or a part thereof.
2021/07/09
Committee: IMCO
Amendment 947 #

2020/0374(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. A gatekeeper shall not degrade the conditions or quality of any of the core platform services provided to business users or end users who avail themselves of the rights or choices laid down in Articles 5 and 6, or make the exercise of those rights or choices unduly difficult, including by offering choices to the end- user in a non-neutral manner, or by subverting user's autonomy, decision- making, or choice via the structure, function or manner of operation of a user interface or a part thereof.
2021/07/09
Committee: IMCO
Amendment 986 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. In the course of a market investigation pursuant to paragraph 1, the Commission shall endeavour to communicate its preliminary findings to the provider of core platform services concerned wias soon as possible, and in any case no later thian six months from the opening of the investigation. In the preliminary findings, the Commission shall explain whether it considers, on a provisional basis, that the provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6).
2021/07/09
Committee: IMCO
Amendment 994 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. Where the provider of core platform services satisfies the thresholds set out in Article 3(2), but has presented significantly substantiated arguments in accordance with Article 3(4), the Commission shall endeavour to conclude the market investigation wias soon as possible, and in any case no later thian five months from the opening of the market investigation by a decision pursuant to paragraph 1. In that case the Commission shall endeavour to communicate its preliminary findings pursuant to paragraph 2 to the provider of core platform services wias soon as possible, and in any case no later thian three months from the opening of the investigation.
2021/07/09
Committee: IMCO
Amendment 1005 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. The Commission may conduct a market investigation for the purpose of examining whether a gatekeeper has engaged in systematic non-compliance. Where the market investigation shows that a gatekeeper has systematically infringed the obligations laid down in Articles 5 and 6 and has further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) impose on such gatekeeper any behavioural or structural remedies which are proportionate to the infringement committed and necessary to ensure compliance with this Regulation. The Commission shall, where appropriate, be entitled to require the remedies to be tested to optimise their effectiveness. The Commission shall conclude its investigation by adopting a decision wias soon as possible, and in any case no later thian twelve months from the opening of the market investigation.
2021/07/09
Committee: IMCO
Amendment 1007 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. Where the market investigation shows that a gatekeeper has systematically infringed the obligations laid down in Articles 5 and 6 and has further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) impose on such gatekeeper any behavioural or structural remedies which are proportionate to the infringement committed and necessary to ensure compliance with this Regulation. The Commission shall conclude its investigation by adopting a decision within twelve months from the opening of the market investigation.
2021/07/09
Committee: IMCO
Amendment 1014 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. The Commission may only impose structural remedies pursuant to paragraph 1 either where there is no equally effective behavioural remedy or where any equally effective behavioural remedy would be more burdensome for the gatekeeper concerned than the structural remedy.deleted
2021/07/09
Committee: IMCO
Amendment 1028 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 5
5. The Commission shall communicate its objections to the gatekeeper concerned wias soon as possible, and in any case no later thian six months from the opening of the investigation. In its objections, the Commission shall explain whether it preliminarily considers that the conditions of paragraph 1 are met and which remedy or remedies it preliminarily considers necessary and proportionate.
2021/07/09
Committee: IMCO
Amendment 1044 #

2020/0374(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point b a (new)
(ba) The Commission shall be entitled to impose interim measures if there is a risk of serious and immediate damage for business users or end users of gatekeepers.
2021/07/09
Committee: IMCO
Amendment 1056 #

2020/0374(COD)

Proposal for a regulation
Article 19 – paragraph 6
6. At the request of the Commission, the governments and authorities of the Member Statcompetent national competition authorities shall provide the Commission with all necessary information to carry out the duties assigned to it by this Regulation.
2021/07/09
Committee: IMCO
Amendment 1057 #

2020/0374(COD)

Proposal for a regulation
Article 20 – paragraph 1
The Commission mayand the competent national competition authorities, may, in accordance with Article 32a, interview any natural or legal person which consents to being interviewed for the purpose of collecting information, relating to the subject-matter of an investigation, pursuant to Articles 7, 16, 16, 17, 25 and 26, including in relation to the monitoring, implementing and enforcing of the rules laid down in this Regulation.
2021/07/09
Committee: IMCO
Amendment 1060 #

2020/0374(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. The Commission, upon a prior notice, may conduct on- site inspections at the premises of an undertaking or association of undertakings.
2021/07/09
Committee: IMCO
Amendment 1064 #

2020/0374(COD)

Proposal for a regulation
Article 21 a (new)
Article 21 a Reporting mechanism for business users and end-users 1. Business users, competitors and end- users of the core platform services as defined in point 2 of Article 2 may, by means of a complaint, report to the competent national competition authorities any practice or behaviour by gatekeepers that falls into the scope of this Regulation, including non-compliance. The competent national competition authorities shall assess these complaints and report relevant cases to the Commission under the procedure provided for in Article 32a. 2. The Commission shall define the conditions under which the reports referred to in paragraph 1 shall be submitted to it. 3. The Commission shall have the power to set its priorities for the task of examining the reports referred to paragraph 1. Subject to this paragraph and to Article 33, the Commission may decide not to examine a report if it deems that such report is not an enforcement priority. 4. When the Commission considers a report to be an enforcement priority, it may open proceedings pursuant to Article 18 or a market investigation pursuant to Article 14.
2021/07/09
Committee: IMCO
Amendment 1067 #

2020/0374(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. In case of urgency due to the risk of serious and irreparablmmediate damage for business users or end users of gatekeepers, the Commission may, by decision adopt in accordance with the advisory procedure referred to in Article 32(4), order interim measures against a gatekeeper on the basis of a prima facie finding of an infringement of Articles 5 or 6.
2021/07/09
Committee: IMCO
Amendment 1069 #

2020/0374(COD)

Proposal for a regulation
Article 22 – paragraph 2 a (new)
2a. In the case of urgency, due to the risk of serious and immediate damage for business users or end users of gatekeepers, resulting from new practices implemented by one or more gatekeepers that could undermine contestability of core platform services or that could be unfair pursuant to Article 10(2), the Commission may impose interim measures on the concerned gatekeepers in order to avoid the materialization of such risk.
2021/07/09
Committee: IMCO
Amendment 1070 #

2020/0374(COD)

Proposal for a regulation
Article 22 – paragraph 2 b (new)
2b. A decision referred to in paragraph 1 may only be adopted in the context of a market investigation pursuant to Article 17 and within 6 months of the opening of such an investigation. The interim measures shall apply for a specified period of time and, in any case, shall be replaced by any new obligations that may arise under the final decision resulting from the market investigation pursuant to Article 17.
2021/07/09
Committee: IMCO
Amendment 1073 #

2020/0374(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. In exceptional circumstances if during proceedings under Articles 16 or 25 the gatekeeper concerned offers commitments for the relevant core platform services to ensure compliance with the obligations laid down in Articles 5 and 6, the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) make those commitments binding on that gatekeeper, taking into account potentially already existing damages caused by the gatekeeper to other market participants, and declare that there are no further grounds for action.
2021/07/09
Committee: IMCO
Amendment 1074 #

2020/0374(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. If during proceedings under Articles 16 or 25 the gatekeeper concerned offers commitments for the relevant core platform services to ensure compliance with the obligations laid down in Articles 5 and 6, the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) make those commitments binding on that gatekeeper and declare that there are no further grounds for action. The Commission shall, where appropriate, be entitled to require the commitments to be tested to optimise their effectiveness.
2021/07/09
Committee: IMCO
Amendment 1089 #

2020/0374(COD)

Proposal for a regulation
Article 25 – paragraph 3
3. In the non-compliance decision adopted pursuant to paragraph 1, the Commission shall order the gatekeeper to cease and desist with the non-compliance within an appropriate deadline and to provide explanations on how it plans to comply with the decisionimpose behavioural or structural remedies as necessary and proportionate to the infringement.
2021/07/09
Committee: IMCO
Amendment 1145 #

2020/0374(COD)

Proposal for a regulation
Article 32 – paragraph 1
1. The Commission shall be assisted by the Digital Markets Advisory Committee. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011. Each Member State shall appoint two representatives to the Committee. If the appointed representatives are unable to attend, other representatives may replace them. At least one of the representatives of a Member State shall be competent in matters of restrictive practices, abuses of dominant positions and other forms of unilateral conduct. Member States shall take all necessary measures to ensure the protection of confidential information by their representatives.
2021/07/09
Committee: IMCO
Amendment 1149 #

2020/0374(COD)

Proposal for a regulation
Article 32 a (new)
Article 32 a Coordination with Member States 1. In accordance with the principles laid down in Article 1, the Commission shall be the sole decision maker on the correct application of this Regulation. To ensure effective enforceability and coherent implementation, the Commission shall be supported in every possible way by the expertise of the competent national competition authorities. 2. The Commission may, therefore, ask competent national competition authorities to support any of its market investigations pursuant to this Regulation. However, competent national competition authorities shall not take decisions which run counter to a decision adopted by the Commission. 3. To this end, the Commission shall apply the provisions of this Regulation in close cooperation with the competent national competition authorities, acting within the European Competition Network as defined at point (5) of Article 2 of Directive (EU) 2019/1, in accordance with the provisions of this Article. It shall, in particular and as appropriate, make use of the European Competition Network System referred to in Article 33 of that Directive for the exchange of information. 4. Within this framework, the competent national competition authorities shall perform – inter alia – the following tasks: (a) synchronize national implementation, ensure that decisions based on this Regulation are coherent with related regulations and support the Commission in technical enforcement matters; (b) gather market intelligence on the ground and coordinate data collection and monitoring throughout the internal market including on enforcement, emerging gatekeepers, and technological trends; (c) submit complaints from business users, competitors and end-users as provided for in Article 21a to the Commission and raise awareness of specific concerns or issues emerging at national level; (d) at the request of the Commission, cooperate in the application of Articles 12, 15, 16 and 17 and otherwise assist the Commission in investigations. In this regard, the competent national competition authorities shall be entitled to exercise, mutatis mutandis, the following powers of the Commission: (i) requests for information as set out in Article 19 (ii) power to carry out interviews and take statements as set out in Article 20; and (iii) powers to conduct on-site inspections as set out in Article 21; (e) make recommendations to the Commission on the update of obligations under Articles 5 and 6 and advice the Commission in the preparation of delegated acts according to Article 10; (f) monitor the international context, generate knowledge on the developments outside the Union and share enforcement experience. 5. Member States shall ensure that their competent national competition authorities have the human, financial and technical resources that are necessary for the effective performance of their duties and exercise of their powers when applying Articles 101 and 102 TFEU as defined in paragraph 2 of this Article; 6. The Commission and the competent national competition authorities enforcing the rules referred to in Article 1(6) shall have the power to provide each other with any matter of fact or of law, including confidential information. The information supplied to the Commission may be made available to the competent national competition authorities of other Member States. The competent national competition authorities may also exchange between themselves information necessary for the assessment of a case that they are dealing with under this Regulation. 7. The competent national competition authorities shall, when acting pursuant to paragraph 3, inform the Commission in writing of the first formal investigative measure, before or immediately after the start of such measure. This information may also be made available to the competent national competition authorities of the other Member States.
2021/07/09
Committee: IMCO
Amendment 1154 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 1
1. When three or more Member States request the Commission to open an investigation pursuant to Articles 15, 16 and 17 or institute proceedings in respect of possible non-compliance pursuant to Article 25 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper, the Commission shall wiat a gatekeeper is not complying with its obligations as laid down in Articles 5 and 6, that one or more services within the digital sector should be added to the list of core platform services pursuant to point (2) of Article 2 or that there are reasonable grounds to suspect that one or several types of practices are not effectively addressed by this Regulation and can limit the contestability of core platform services or can be unfair, the Commission shall as soon as possible, and in any case no later thian four months examine whether there are reasonable grounds to open such an investigation.
2021/07/09
Committee: IMCO
Amendment 1183 #

2020/0374(COD)

Proposal for a regulation
Article 36 – paragraph 1 – introductory part
1. The Commission may adopt implementing acts concerning articles: 3, 6, 12, 13, 15, 16, 17, 20, 22, 23, 25 and 30 with respect to:
2021/07/09
Committee: IMCO
Amendment 1192 #

2020/0374(COD)

Proposal for a regulation
Article 38 – paragraph 2
2. The evaluations shall establish whether inclusion of additional rules or deletion of the existing ones, including regarding the list of core platform services laid down in point 2 of Article 2, the obligations laid down in Articles 5 and 6 and their enforcement, may be required to ensure that digital markets across the Union are contestable and fair. Following the evaluations, the Commission shall take appropriate measures, which may include legislative proposals.
2021/07/09
Committee: IMCO
Amendment 194 #

2020/0361(COD)

Proposal for a regulation
Recital 4 a (new)
(4a) As Party to the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD), provisions of the Convention are integral part of the Union legal order and binding upon the Union and its Member States. The UN CRPD requires its Parties to take appropriate measures to ensure that persons with disabilities have access, on an equal basis with others, to information and communications technologies and systems, and other facilities and services open or provided to the public, both in urban and in rural areas. General Comment No2 to the UN CRPD further states that “The strict application of universal design to all new goods, products, facilities, technologies and services should ensure full, equal and unrestricted access for all potential consumers, including persons with disabilities, in a way that takes full account of their inherent dignity and diversity.” Given the ever-growing importance of digital services and platforms in private and public life, in line with the obligations enshrined in the UN CRPD, the EU must ensure a regulatory framework for digital services which protects rights of all recipients of services, including persons with disabilities.
2021/07/08
Committee: IMCO
Amendment 199 #

2020/0361(COD)

Proposal for a regulation
Recital 5 a (new)
(5a) Given the cross-border nature of the services at stake, Union action to harmonise accessibility requirements for intermediary services across the internal market is vital to avoid market fragmentation and ensure that equal right to access and choice of those services by all consumers and other recipients of services, including by persons with disabilities, is protected throughout the Union. Lack of harmonised accessibility requirements for digital services and platforms will also create barriers for the implementation of existing Union legislation on accessibility, as many of the services falling under those laws will rely on intermediary services to reach end- users. Therefore, accessibility requirements for intermediary services, including their user interfaces, must be consistent with existing Union accessibility legislation, such as the European Accessibility Act and the Web Accessibility Directive, so that no one is left behind as result of digital innovation. This aim is in line with the Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030 and the Union’s commitment to the United Nations’ Sustainable Development Goals.
2021/07/08
Committee: IMCO
Amendment 201 #

2020/0361(COD)

Proposal for a regulation
Recital 5 b (new)
(5b) The notions of ‘access’ or ‘accessibility’ are often referred to with the meaning of affordability (financial access), availability, or in relation to access to data, use of network, etc. It is important to distinguish these from ‘accessibility for persons with disabilities’ which means that services, technologies and products are perceivable, operable, understandable and robust for persons with disabilities.
2021/07/08
Committee: IMCO
Amendment 204 #

2020/0361(COD)

Proposal for a regulation
Recital 7
(7) In order to ensure the effectiveness of the rules laid down in this Regulation and a level playing field within the internal market, those rules should apply to providers of intermediary services irrespective of their place of establishment or residence, in so far as they provide and direct services at and in the Union, as evidenced by a substantial connection to the Union.
2021/07/08
Committee: IMCO
Amendment 206 #

2020/0361(COD)

Proposal for a regulation
Recital 8
(8) Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of active monthly users in one or more Member States, or the targeproactive directing of activities towards one or more Member States. The targeting of activities towards one or more Member States can be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targeusing a national top level domain or intermediary service provider solicits the conclusion of distance contracts from residents of the Union and that a contract has actually been concluded at a distance, by whatever means. In this respect, the language or currency which a website uses does not constitute a relevant factor. The proactive directing of activities towards a Member State could also be derived from the availability of an application in the relevant national application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. The mere availability of a service in a Member State should not be considered as a proactive offering of a service by the provider. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1)(c) of Regulation (EU) 1215/2012 of the European Parliament and of the Council27 . On the other hand, mere technical accessibility of a website from the Union or the use of an international language of more than 100 Million native speakers cannot, on thatose ground alone, be considered as establishing a substantial connection to the Union. __________________ 27 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L351, 20.12.2012, p.1). (The exact number which equals significant should be fixed during negotiations)
2021/07/08
Committee: IMCO
Amendment 214 #

2020/0361(COD)

Proposal for a regulation
Recital 9
(9) This Regulation should complement, yet not affect the application of rules resulting from other acts of Union law regulating certain aspects of the provision of intermediary services, in particular Directive 2000/31/EC, with the exception of those changes introduced by this Regulation, Directive 2010/13/EU of the European Parliament and of the Council as amended,28 and Regulation (EU) …/.. of the European Parliament and of the Council29 – proposed Terrorist Content Online Regulation. Therefore, this Regulation leaves those other acts, among others, which are to be considered lex specialis in relation to the generally applicable framework set out in this Regulation, unaffected. However, the rules of this Regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave Member States the possibility of adopting certain measures at national level. To assist Member States and providers, the Commission should provide guidelines as to how to interpret the interaction between different Union acts and how to prevent any duplication of requirements on providers or potential conflicts in the interpretation of similar requirements. __________________ 28 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (Text with EEA relevance), OJ L 95, 15.4.2010, p. 1 . 29Regulation (EU) …/.. of the European Parliament and of the Council – proposed Terrorist Content Online Regulation
2021/07/08
Committee: IMCO
Amendment 219 #

2020/0361(COD)

Proposal for a regulation
Recital 10
(10) For reasons of clarity, it should also be specified that this Regulation is without prejudice to Regulation (EU) 2019/1148 of the European Parliament and of the Council30 and Regulation (EU) 2019/1150 of the European Parliament and of the Council,31 , Directive 2002/58/EC of the European Parliament and of the Council32 and Regulation […/…] on temporary derogation from certain provisions of Directive 2002/58/EC33 as well as Union law on consumer protection, in particular Directive 2005/29/EC of the European Parliament and of the Council34 , Directive 2011/83/EU of the European Parliament and of the Council.35 Directive (EU) 2019/882 of the European Parliament and of the Council, and Directive 93/13/EEC of the European Parliament and of the Council36 , as amended by Directive (EU) 2019/2161 of the European Parliament and of the Council37 , and on the protection of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council.38 The protection of individuals with regard to the processing of personal data is solely governed by the rules of Union law on that subject, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC. This Regulation is also without prejudice to the rules of Union law on working conditions. __________________ 30Regulation (EU) 2019/1148 of the European Parliament and of the Council on the marketing and use of explosives precursors, amending Regulation (EC) No 1907/2006 and repealing Regulation (EU) No 98/2013 (OJ L 186, 11.7.2019, p. 1). 31 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57). 32Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), OJ L 201, 31.7.2002, p. 37. 33Regulation […/…] on temporary derogation from certain provisions of Directive 2002/58/EC. 34Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 35Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council. 36Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. 37Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules 38Regulation (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).
2021/07/08
Committee: IMCO
Amendment 227 #

2020/0361(COD)

Proposal for a regulation
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable lawUnion or national law as a result of its display on an intermediary service is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegaldue to its direct connection to or promotion of an illegal activity, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non- compliant or counterfeit products, illegal trading of animals, plants and substances, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
2021/07/08
Committee: IMCO
Amendment 242 #

2020/0361(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) Additionally in order to avoid imposing obligations simultaneously on two providers for the same content, a hosting service should only be deemed an online platform when it has a direct relationship with the recipient of the service. A hosting provider who is acting as the infrastructure for an online platform should not be considered as an online platform based on this relationship, where it implements the decisions of the online platform and its user indirectly.
2021/07/08
Committee: IMCO
Amendment 243 #

2020/0361(COD)

Proposal for a regulation
Recital 13 b (new)
(13b) For the purpose of this Regulation, a cloud computing service should not considered as an ‘online platform’ where allowing the dissemination of hyperlinks to a specific content is a minor and ancillary feature. Moreover a cloud computing service when serving as infrastructure, for example as the underlining infrastructural storage and computing services of an internet- based application or online platform, should not in itself be seen as disseminating to the public information stored or processed at the request of a recipient of an application or online platform which it hosts.
2021/07/08
Committee: IMCO
Amendment 248 #

2020/0361(COD)

Proposal for a regulation
Recital 14
(14) The concept of ‘dissemination to the public’, as used in this Regulation, should entail the making available of information to a potentially unlimited number of persons, that is, making the information easily accessible to users in general without further action by the recipient of the service providing the information being required, irrespective of whether those persons actually access the information in question. The mere possibility to create groups of users of a given service should not, in itself, be understood to mean that the information disseminated in that manner is not disseminated to the public. However, the concept should exclude dissemination of information within closed groups consisting of a finite number of pre- determined persons. Interpersonal communication services, as defined in Directive (EU) 2018/1972 of the European Parliament and of the Council,39 such as emails or private messaging services, fall outsideing within the scope of this Regulation should not be seen as disseminating to the public. Information should be considered disseminated to the public within the meaning of this Regulation only where that occurs upon the direct request by the recipient of the service that provided the information. Where multiple providers are involved in the dissemination of an information to the public, the obligations related to that disseminated should lay with the outward facing provider closest in relations to the accessibility by the end user recipient of the final service __________________ 39Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast), OJ L 321, 17.12.2018, p. 36
2021/07/08
Committee: IMCO
Amendment 262 #

2020/0361(COD)

Proposal for a regulation
Recital 18
(18) The exemptions from liability established in this Regulation should not apply where, instead of confining itself to providing the services neutrally, by a merely technical and automatic processing of the information provided by the recipient of the service, the provider of intermediary services plays an active role of such a kind as to give it knowledge of, or control over, that information. The mere ranking or displaying in an order, or the use of a recommender system should not, however, be deemed as having control over an information. Those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself, including where the information has been developed under the editorial responsibility of that provider.
2021/07/08
Committee: IMCO
Amendment 269 #

2020/0361(COD)

Proposal for a regulation
Recital 21
(21) A provider should be able to benefit from the exemptions from liability for ‘mere conduit’ and for ‘caching’ services when it is in no way involved with the information transmitted. This requires, among other things, that the provider does not modify the information that it transmits. However, this requirement should not be understood to cover manipulations of a technical nature which take place in the course of the transmission, as such manipulations do not alter the integrity of the information transmitted. It also should not be understood to cover the ranking or sorting of information to make it accessible to a user or actions required to ensure the security of the transmissions.
2021/07/08
Committee: IMCO
Amendment 273 #

2020/0361(COD)

Proposal for a regulation
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expeditiously to remove or to disable access to that content. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness through, in particular, its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content. As long as providers act upon obtaining actual knowledge, providers should maintain the exemptions from liability referred to in article 3, 4, and 5, even when under taking voluntary own-initiative investigations or actions in line with Article 27.
2021/07/08
Committee: IMCO
Amendment 285 #

2020/0361(COD)

Proposal for a regulation
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online marketplaces which are online platforms that allow consumers to conclude distance contracts with traders on the online platform itself, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online platformmarketplaces present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. This may include the storage, packing and shipment of a good from a warehouse under the control of the online marketplace. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well- informed consumer.
2021/07/08
Committee: IMCO
Amendment 298 #

2020/0361(COD)

Proposal for a regulation
Recital 25
(25) In order to create legal certainty and not to discourage activities aimed at detecting, identifying and acting against illegal content that providers of intermediary services may undertake on a voluntary basis, it should be clarified that the mere fact that providers undertake such activities does not lead to the unavailability of the exemptions from liability set out in this Regulation, provided those activities are carried out in good faith and in a diligent manner. Similarly, measures taken to enforce a provider's terms and conditions should not lead to the unavailability of the exemptions. In addition, it is appropriate to clarify that the mere fact that those providers take measures, in good faith, to comply with the requirements of Union law, including those set out in this Regulation as regards the implementation of their terms and conditions, should not lead to the unavailability of those exemptions from liability. Therefore, any such activities and measures that a given provider may have taken in order to detect, identify and act against illegal content on a voluntary basis or to enforce a provider's terms and conditions and the transparency reporting related to those actions should not be taken into account when determining whether the provider can rely on an exemption from liability, in particular as regards whether the provider provides its service neutrally and can therefore fall within the scope of the relevant provision, without this rule however implying that the provider can necessarily rely thereon.
2021/07/08
Committee: IMCO
Amendment 309 #

2020/0361(COD)

Proposal for a regulation
Recital 27
(27) Since 2000, new technologies have emerged that improve the availability, efficiency, speed, reliability, capacity and security of systems for the transmission and storage of data online, leading to an increasingly complex online ecosystem. In this regard, it should be recalled that providers of services establishing and facilitating the underlying logical architecture and proper functioning of the internet, including technical auxiliary functions, can also benefit from the exemptions from liability set out in this Regulation, to the extent that their services qualify as ‘mere conduits’, ‘caching’ or hosting services. Such services include, as the case may be and among others, wireless local area networks, domain name system (DNS) services, top–level domain name registries, certificate authorities that issue digital certificates, Virtual Private Networks, or content delivery networks, that enable or improve the functions of other providers of intermediary services. Likewise, services used for communications purposes, and the technical means of their delivery, have also evolved considerably, giving rise to online services such as Voice over IP, messaging services and web-based e-mail services, where the communication is delivered via an internet access service. Those services, too, can benefit from the exemptions from liability, to the extent that they qualify as ‘mere conduit’, ‘caching’ or hosting service.
2021/07/08
Committee: IMCO
Amendment 311 #

2020/0361(COD)

Proposal for a regulation
Recital 27 a (new)
(27a) A single webpage or website may include elements that qualify differently between ‘mere conduit’, ‘caching’ or hosting services and the rules for exemptions from liability should apply to each accordingly. For example, a search engine may act solely as a ‘caching’ service as to information included in the results of an inquiry. Elements displayed alongside those results, such as online advertisements, would however still meet the standard of a hosting service.
2021/07/08
Committee: IMCO
Amendment 312 #

2020/0361(COD)

Proposal for a regulation
Recital 28
(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature. This does not concern monitoring obligations in a specific case, where set down in Union acts and, in particular, does not affect orders by national authorities in accordance with national legislation that implements Union acts, in accordance with the conditions established in this Regulation and other Union law regarded as lex specialis. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation, or as a general obligation for providers to take proactive measures to relation to illegal content. Equally, nothing in this Regulation should prevent providers from enacting end-to-end encrypting of their services.
2021/07/08
Committee: IMCO
Amendment 324 #

2020/0361(COD)

Proposal for a regulation
Recital 29
(29) Depending on the legal system of each Member State and the field of law at issue, national judicial or administrative authorities may order providers of intermediary services to act against certain specific items of illegal content or to provide certain specific items of information. The national laws on the basis of which such orders are issued differ considerably and the orders are increasingly addressed in cross-border situations. In order to ensure that those orders can be complied with in an effective and efficient manner, so that the public authorities concerned can carry out their tasks and the providers are not subject to any disproportionate burdens, without unduly affecting the rights and legitimate interests of any third parties, it is necessary to set certain conditions that those orders should meet and certain complementary requirements relating to the effective processing of those orders.
2021/07/08
Committee: IMCO
Amendment 327 #

2020/0361(COD)

Proposal for a regulation
Recital 30
(30) Orders to act against illegal content or to provide information should be issued in compliance with Union law, in particular Regulation (EU) 2016/679 and the prohibition of general obligations to monitor information or to actively seek facts or circumstances indicating illegal activity laid down in this Regulation. The conditions and requirements laid down in this Regulation which apply to orders to act against illegal content are without prejudice to other Union acts providing for similar systems for acting against specific types of illegal content, such as Regulation (EU) …/…. [proposed Regulation addressing the dissemination of terrorist content online], or Regulation (EU) 2017/2394 that confers specific powers to order the provision of information on Member State consumer law enforcement authorities, whilst the conditions and requirements that apply to orders to provide information are without prejudice to other Union acts providing for similar relevant rules for specific sectors. Those conditions and requirements should be without prejudice to retention and preservation rules under applicable national law, in conformity with Union law and confidentiality requests by law enforcement authorities related to the non- disclosure of information. Nevertheless, the same relevant protections for providers and users granted in the Regulation (EU) …/…. [proposed Regulation addressing the dissemination of terrorist content online] should be provided here in order to ensure equivalent rules and protections for all types of content and information covered by such orders. This includes the ability of a provider to challenge an order before its Digital Services Coordinator of establishment and to seek a decision as to the effect to be given to the order. Digital Services Coordinator of establishment should be able to take a decision to suspend or limit the application of the order, where it views it as in conflict with Union or its national law.
2021/07/08
Committee: IMCO
Amendment 332 #

2020/0361(COD)

Proposal for a regulation
Recital 31
(31) The territorial scope of such orders to act against illegal content should be clearly set out on the basis of the applicable Union or national law enabling the issuance of the order and should not exceed what is strictly necessary to achieve its objectives. In that regard, the national judicial or administrative authority issuing the order should balance the objective that the order seeks to achieve, in accordance with the legal basis enabling its issuance, with the rights and legitimate interests of all third parties that may be affected by the order, in particular their fundamental rights under the Charter. In addition, where the order referring to the specific information may have effects beyond the territory of the Member State of the authority concerned, the authority should assess whether the information at issue is likely to constitute manifestly illegal content in the majority of other Member States concerned and if the content is illegal within the Member State of establishment of a hosting provider and, where relevant, take account of the relevant rules of national, Union law or international law and the interests of international comity.
2021/07/08
Committee: IMCO
Amendment 338 #

2020/0361(COD)

Proposal for a regulation
Recital 33
(33) Orders to act against illegal content and to provide information are subject to the rules safeguarding the competence of the Member State where the service provider addressed is established and laying down possible derogations from that competence in certain cases, set out in Article 3 of Directive 2000/31/EC, only if the conditions of that Article are met. Given that the orders in question relate to specific items of illegal content and information as defined in Union or national law, respectively, where they are addressed to providers of intermediary services established in another Member State, they do not in principle restrict those providers’ freedom to provide their services across borders. Therefore, the rules set out in Article 3 of Directive 2000/31/EC, including those regarding the need to justify measures derogating from the competence of the Member State where the service provider is established on certain specified grounds and regarding the notification of such measures, do not apply in respect of those orders. Article 3 of Directive 200/31/EC, however, continues to apply to any other orders related to non-specific individual items of illegal or legal content or information, general orders related to geoblocking of whole websites, webpages, or domains and any other matter which could be seen as restricting the freedom to provide their service across border.
2021/07/08
Committee: IMCO
Amendment 351 #

2020/0361(COD)

Proposal for a regulation
Recital 35
(35) In that regard, it is important that the due diligence obligations are adapted to the type and nature of the intermediary service concerned. This Regulation therefore sets out basic obligations applicable to all providers of intermediary services, as well as additional obligations for providers of hosting services and, more specifically, online platforms and very large online platforms. To the extent that providers of intermediary services may fall within those different categories in view of the nature of their services and their size, they should comply with all of the corresponding obligations of this Regulation in relations to those services. Services that do not fall within those different categories should not be effected, even when provided by the same provider or under the same ownership structure. Those harmonised due diligence obligations, which should be reasonable and non-arbitrary, are needed to achieve the identified public policy concerns, such as safeguarding the legitimate interests of the recipients of the service, addressing illegal practices and protecting fundamental rights online.
2021/07/08
Committee: IMCO
Amendment 354 #

2020/0361(COD)

Proposal for a regulation
Recital 35 a (new)
(35a) Similarly, in order to ensure that the obligations are only applied to those providers of intermediary services where the benefit would outweigh the burden on the provider, the Commission should be empowered to issue a waiver to the requirements of Chapter III, in whole or in parts, to those providers of intermediary services that are non-for- profit or equivalent and serve a manifestly positive role in the public interest, or are SMEs without any systemic risk related to illegal content. The providers should present justified reasons for why they should be issued a waiver. The Commission should examine such an application and has the authority to issue or revoke a waiver at any time. The Commission should maintain a public list of all waiver issued and their conditions containing a description on why the provider is justified a waiver.
2021/07/08
Committee: IMCO
Amendment 355 #

2020/0361(COD)

Proposal for a regulation
Recital 36
(36) In order to facilitate smooth and efficient communications relating to matters covered by this Regulation, providers of intermediary services should be required to establish a single point of contact and to publish relevant information relating to their point of contact, including the languages to be used in such communications. The point of contact can also be used by trusted flaggers and by professional entities which are under a specific relationship with the provider of intermediary services. This contact point maybe the same contact point as required under other Union acts. In contrast to the legal representative, the point of contact should serve operational purposes and should not necessarily have to have a physical location .
2021/07/08
Committee: IMCO
Amendment 359 #

2020/0361(COD)

Proposal for a regulation
Recital 37
(37) Providers of intermediary services that are established in a third country that offer services in the Union should designate a sufficiently mandated legal representative in the Union and provide information relating to their legal representatives, so as to allow for the effective oversight and, where necessary, enforcement of this Regulation in relation to those providers. It should be possible for the legal representative to also function as point of contact, provided the relevant requirements of this Regulation are complied with. Where providers of intermediary services that are established in a third country chooses not to do not, it becomes subject to the jurisdiction of all Member States, in accordance with Article 40(3).
2021/07/08
Committee: IMCO
Amendment 363 #

2020/0361(COD)

Proposal for a regulation
Recital 38
(38) Whilst the freedom of contract of providers of intermediary services should in principle be respected, it is appropriate to set certain rules on the content, application and enforcement of the terms and conditions of those providers in the interests of transparency, the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes. At the same time, recipients should enter into such agreements willingly without any misleading or coercive tactics and therefore a ban on dark patterns should be introduced.
2021/07/08
Committee: IMCO
Amendment 368 #

2020/0361(COD)

Proposal for a regulation
Recital 38 a (new)
(38a) While an additional requirement should apply to very large online platform, all providers should do a general self-assessment of potential risk related to their services, especially in relations with minors and should take voluntary mitigation measures where appropriate. In order to ensure that the provider undertakes these actions, Digital Services Coordinators may ask for proof.
2021/07/08
Committee: IMCO
Amendment 369 #

2020/0361(COD)

Proposal for a regulation
Recital 39
(39) To ensure an adequate level of transparency and accountability, providers of intermediary services should annually report, in accordance with the harmonised requirements contained in this Regulation, on the content moderation they engage in, including the measures taken as a result of the application and enforcement of their terms and conditions. However, so as to avoid disproportionate burdens, those transparency reporting obligations should not apply to providers that are micro- or small enterprises as defined in Commission Recommendation 2003/361/EC.40 which do not also qualify as very large online platforms. In any public versions of such reports, providers of intermediary services should remove any information that may prejudice ongoing activities for the prevention, detection, or removal of illegal content or content counter to a hosting provider’s terms and conditions. __________________ 40 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).
2021/07/08
Committee: IMCO
Amendment 383 #

2020/0361(COD)

Proposal for a regulation
Recital 40 a (new)
(40a) Nevertheless, notices should be directed to the actor that has the technical and operational ability to act and the closest relationship to the recipient of the service that provided the information or content, such as to an online platform and not to the hosting service provider on which provides services to that online platform. Such hosting service providers should redirect such notices to the particular online platform and inform the notifying party of this fact.
2021/07/08
Committee: IMCO
Amendment 384 #

2020/0361(COD)

Proposal for a regulation
Recital 40 b (new)
(40b) Moreover, hosting providers should seek to act only against the items of information notified. This may include acts such as disabling hyperlinking to the items of information. Where the removal or disabling of access to individual items of information is technically or operationally unachievable due to legal, contractual, or technological reasons, such as encrypted file and data storage and sharing services, hosting providers should inform the recipient of the service of the notification and seek action. If a recipient fails to act or delays action, or the provider has reason to believe has failed to act or otherwise acts in bad faith, the hosting provider may suspend their service in line with their terms and conditions.
2021/07/08
Committee: IMCO
Amendment 387 #

2020/0361(COD)

Proposal for a regulation
Recital 41 a (new)
(41a) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, either because it is illegal or is not allowed under its terms and conditions, it should do so in a timely manner, taking into account the potential harm the infraction and the technical abilities of the provider. Information that could have a negative effect on minors, women and vulnerable users such as those with protected characteristics under Article 21 of the Charter should be seen as a matter requiring urgency.
2021/07/08
Committee: IMCO
Amendment 388 #

2020/0361(COD)

Proposal for a regulation
Recital 42
(42) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, for instance following receipt of a notice or acting on its own initiative, including through the use of automated means, that have been proven to be efficient, proportionate and reliable, that provider should inform the recipient of its decision, the reasons for its decision and the available redress possibilities to contest the decision, in view of the negative consequences that such decisions may have for the recipient, including as regards the exercise of its fundamental right to freedom of expression. That obligation should apply irrespective of the reasons for the decision, in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. Available recourses to challenge the decision of the hosting service provider should always include judicial redress. Such an statement, however, should not be required if it relates to spam, manifestly illegal content, removal of content similar or identical to content already removed from the same recipient who has already received a statement or where a provider of hosting service does not have the information necessary to inform the recipient by a durable medium.
2021/07/08
Committee: IMCO
Amendment 398 #

2020/0361(COD)

Proposal for a regulation
Recital 42 a (new)
(42a) Due to the international nature of many providers of hosting services, many have already implemented similar requirements under the laws of third- party countries. In order to prevent a doubling of requirements and the removal of existing systems for recipients, the Commission should be empowered to declare these mechanisms as ensuring an adequate level of protection and fulfilling the requirements in Article 14 and Article 15.
2021/07/08
Committee: IMCO
Amendment 404 #

2020/0361(COD)

Proposal for a regulation
Recital 44
(44) Recipients of the service should be able to easily and effectively contest certain decisions of online platforms that negatively affect them. Therefore, online platforms should be required to provide for internal complaint-handling systems, which meet certain conditions aimed at ensuring that the systems are easily accessible and lead to swift and fair outcomes. In addition, provision should be made for the possibility of entering, in good faith, an out-of-court dispute settlement of disputes, including those that could not be resolved in satisfactory manner through the internal complaint-handling systems, by certified bodies located in either the Member State of the recipient or the provider and that have the requisite independence, means and expertise to carry out their activities in a fair, swift and cost- effective manner. The possibilities to contest decisions of online platforms thus created should complement, yet leave unaffected in all respects, the possibility to seek judicial redress in accordance with the laws of the Member State concerned.
2021/07/08
Committee: IMCO
Amendment 412 #

2020/0361(COD)

Proposal for a regulation
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent and objective manner. Such trusted flagger status should normally only be awarded to non-governmental entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they represent collective interests and that they work in a diligent and objective manner. Such entities, however, can be public in nature for actions not related to intellectual property rights, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmental organisations and semi- public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. For intellectual property rights, non- governmental organisations of industry and of right- holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 __________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53
2021/07/08
Committee: IMCO
Amendment 422 #

2020/0361(COD)

Proposal for a regulation
Recital 47
(47) The misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and, proportionate and effective safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.
2021/07/08
Committee: IMCO
Amendment 426 #

2020/0361(COD)

Proposal for a regulation
Recital 48
(48) An online platform may in some instances become aware, such as through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the online platform is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a an imminent threat to the life or safety of person, notably when it concerns vulnerable users, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council44 . In such instances, the online platform should inform without delay the competent law enforcement authorities of such suspicion, providing upon request all relevant information available to it, including where relevant the content in question and an explanation of its suspicion and unless instructed otherwise, should remove or disable the content. This Regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. Online platforms should also respect other applicable rules of Union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities. __________________ 44Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
2021/07/08
Committee: IMCO
Amendment 435 #

2020/0361(COD)

Proposal for a regulation
Recital 49
(49) In order to contribute to a safe, trustworthy and transparent online environment for consumers, as well as for other interested parties such as competing traders and holders of intellectual property rights, and to deter traders from selling products or services in violation of the applicable rules, online platforms allowing consumers to conclude distance contracts with tradermarketplaces should ensure that such traders are traceable. The trader should therefore be required to provide certain essential information to the online platform, including for purposes of promoting messages on or offering products. That requirement should also be applicable to traders that promote messages on products or services on behalf of brands, based on underlying agreements. Those online platformmarketplaces should store all information in a secure manner for a reasonable period of time that does not exceed what is necessary and no longer than six months after the end of a relationship with the trader, so that it can be accessed, in accordance with the applicable law, including on the protection of personal data, by public authorities and private parties with a legitimate direct interest, including through the orders to provide information referred to in this Regulation.
2021/07/08
Committee: IMCO
Amendment 446 #

2020/0361(COD)

Proposal for a regulation
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platformmarketplaces covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , or by requesting the traders concerned to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the online platformmarketplaces covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. Nor should such online platformmarketplaces, which have made the reasonable effortefforts to the best of their ability as required by this Regulation, be understood as guaranteeing the reliability of the information towards consumer or other interested parties. Such online platformmarketplaces should also design and organise their online interface in an user- friendly way that enables traders to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . __________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
2021/07/08
Committee: IMCO
Amendment 448 #

2020/0361(COD)

Proposal for a regulation
Recital 50 a (new)
(50a) The online interface of online marketplace should allow traders to provide the information referred to in Article 22a of this Regulation and any other information where needed and necessary to allow for the unequivocal identification of the product or the service, including labelling requirements, in compliance with legislation on product safety and product compliance. Providers of online marketplaces, when they become aware that a product or services is illegal, should inform recipients who have acquired the product or services through their marketplace of this fact and any possible redress.
2021/07/08
Committee: IMCO
Amendment 456 #

2020/0361(COD)

Proposal for a regulation
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However, online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have an easy access to information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision- making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.
2021/07/08
Committee: IMCO
Amendment 470 #

2020/0361(COD)

Proposal for a regulation
Recital 54
(54) Very large online platforms may cause societal risks, different in scope and impact from those caused by smaller platforms. Once the number of recipients of a platform reaches a significant share of the Union population, the systemic risks the platform poses have a disproportionately negative impact in the Union. Such significant reach should be considered to exist where the number of recipients exceeds an operational threshold set at 45 million, that is, a number equivalent to 10% of the Union population. The determination of this operational threshold, therefore, should only take into those recipients which are physical persons residing in the Union or physical persons acting on behalf of a legal person established in the Union. Automated bots, fake accounts, indirect hyperlinking, FTP or other indirect downloading of content should not be included in the determination of this threshold being exceed. The operational threshold should be kept up to date through amendments enacted by delegated acts, where necessary. Such very large online platforms should therefore bear the highest standard of due diligence obligations, proportionate to their societal impact and means.
2021/07/08
Committee: IMCO
Amendment 477 #

2020/0361(COD)

Proposal for a regulation
Recital 57
(57) Three categories of systemic risks should be assessed in-depth. A first category concerns the risks associated with the misuse of their service through the dissemination of illegal content, such as the dissemination of child sexual abuse material or illegal hate speech, and the conduct of illegal activities, such as the sale of products or services prohibited by Union or national law, including counterfeit products. For example, and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law, such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. A second category concerns the impact of the service on the exercise of fundamental rights, as protected by the Charter of Fundamental Rights, including the freedom of expression and information, the right to private life, the right to non-discrimination and the rights of the child. Such risks may arise, for example, in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition or misuse the way platforms' terms and conditions, including content moderation policies, are enforced, often through automatic means. A third category of risks concerns the intentional and, oftentimes, coordinated manipulation of the platform’s service, with a foreseeable impact on health, fundamental rights, civic discourse, electoral processes, public security and protection of minors, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices. Such risks may arise, for example, through the creation of fake accounts, the use of bots, and other automated or partially automated behaviours, which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.
2021/07/08
Committee: IMCO
Amendment 482 #

2020/0361(COD)

Proposal for a regulation
Recital 58
(58) Very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. Very large online platforms should under such mitigating measures consider, for example, enhancing or otherwise adapting the design and functioning of their content moderation, algorithmic recommender systems and online interfaces, so that they discourage and limit the dissemination of illegal content, adapting their decision-making processes, or adapting their terms and conditionprevent the manipulation and exploitation of the service, including by the amplification of content which is counter to their terms and conditions, adapting their decision-making processes, or adapting their terms and conditions and content moderation policies and how those policies are enforced, while being fully transparent to the users. They may also include corrective measures, such as discontinuing advertising revenue for specific content, or other actions, such as improving the visibility of authoritative information sources, including by displaying related public service advertisements instead of other commercial advertisements. Very large online platforms may reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. They may also initiate or increase cooperation with trusted flaggers, organise training sessions and exchanges with trusted flagger organisations, and cooperate with other service providers, including by initiating or joining existing codes of conduct or other self-regulatory measures. Any measures adopted should respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on the fundamental rights of the recipients of the service.
2021/07/08
Committee: IMCO
Amendment 499 #

2020/0361(COD)

Proposal for a regulation
Recital 63
(63) Advertising systems used by very large online platforms pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. Very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online, for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health, public security, civil discourse, political participation and equality. Repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement, in particular where targeted advertising is concerned. In addition, very large online platforms should label any known deep fake videos, audio or other files.
2021/07/08
Committee: IMCO
Amendment 504 #

2020/0361(COD)

Proposal for a regulation
Recital 64
(64) In order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this Regulation, the Digital Services Coordinator of establishment or the Commission may require access to or reporting of specific data. Such a requirement may include, for example, the data necessary to assess the risks and possible harms brought about by the platform’s systems, data on the accuracy, functioning and testing of algorithmic systems for content moderation, recommender systems or advertising systems, or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this Regulation. Investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation, informing online platforms, Digital Services Coordinators, other competent authorities, the Commission and the public. This Regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers, which mean the conditions set down in this Regulation. All requirements for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests, including trade secrets and other confidential information, of the platform and any other parties concerned, including the recipients of the service.
2021/07/08
Committee: IMCO
Amendment 511 #

2020/0361(COD)

Proposal for a regulation
Recital 66
(66) To facilitate the effective and consistent application of the obligations in this Regulation that may require implementation through technological means, it is important to promote voluntary industry standards covering certain technical procedures, where the industry can help develop standardised means to comply with this Regulation, such as allowing the submission of notices, including through application programming interfaces, or about the interoperability of advertisement repositories. Such standards could in particular be useful for relatively small providers of intermediary services. The standards could distinguish between different types of illegal content or different types of intermediary services, as appropriate. However, where no voluntary industry standard is agreed and the Commission finds that the application of this Regulation by providers is significantly divergent, the Commission should be empowered to adopt delegated acts where needed until a voluntary industry standard is agreed.
2021/07/08
Committee: IMCO
Amendment 528 #

2020/0361(COD)

Proposal for a regulation
Recital 69
(69) The rules on codes of conduct under this Regulation could serve as a basis for already established self-regulatory efforts at Union level, including the Product Safety Pledge, the Memorandum of Understanding against counterfeit goods, the Code of Conduct against illegal hate speech as well as the Code of practice on disinformation. In particular for the latter, since the Commission willhas issued guidance for strengthening the Code of practice on disinformation as announced in the European Democracy Action Plan in May 2021.
2021/07/08
Committee: IMCO
Amendment 541 #

2020/0361(COD)

Proposal for a regulation
Recital 76
(76) In the absence of a general requirement for providers of intermediary services to ensure a physical presence within the territory of one of the Member States, there is a need to ensure clarity under which Member State's jurisdiction those providers fall for the purposes of enforcing the rules laid down in Chapters III and IV and Article 8 and 9 by the national competent authorities. A provider should be under the jurisdiction of the Member State where its main establishment is located, that is, where the provider has its head office or registered office within which the principal financial functions and operational control are exercised. In respect of providers that do not have an establishment in the Union but that offer services in the Union and therefore fall within the scope of this Regulation, the Member State where those providers appointed their legal representative should have jurisdiction, considering the function of legal representatives under this Regulation. In the interest of the effective application of this Regulation, all Member States should, however, have jurisdiction in respect of providers that failed to designate a legal representative, provided that the principle of ne bis in idem is respected. To that aim, each Member State that exercises jurisdiction in respect of such providers should, without undue delay, inform all other Member States of the measures they have taken in the exercise of that jurisdiction.
2021/07/08
Committee: IMCO
Amendment 542 #

2020/0361(COD)

Proposal for a regulation
Recital 78
(78) Member States should set out in their national law, in accordance with Union law and in particular this Regulation and the Charter, the detailed conditions and limits for the exercise of the investigatory and enforcement powers of their Digital Services Coordinators, and other competent authorities where relevant, under this Regulation. In order to ensure coherence between the Member States, the Commission should adopt guidance on the procedures and rules related to the powers of Digital Services Coordinators.
2021/07/08
Committee: IMCO
Amendment 549 #

2020/0361(COD)

Proposal for a regulation
Recital 85
(85) Where a Digital Services Coordinator requests another Digital Services Coordinator to take action, the requesting Digital Services Coordinator, or the Board in case it issued a recommendation to assess issues involving more than threefour Member States, should be able to refer the matter to the Commission in case of any disagreement as to the assessments or the measures taken or proposed or a failure to adopt any measures. TIf the Commission believes that the Digital Services Coordinator of establishment has not at least partially addressed the request or has not fully justified its decision to not address the request, the Commission, on the basis of the information made available by the concerned authorities, should accordingly be able to request the competent Digital Services Coordinator to re-assess the matter and take the necessary measures to ensure compliance within a defined time period. This possibility is without prejudice to the Commission’s general duty to oversee the application of, and where necessary enforce, Union law under the control of the Court of Justice of the European Union in accordance with the Treaties. A failure by the Digital Services Coordinator of establishment to take any measures pursuant to such a request may also lead to the Commission’s intervention under Section 3 of Chapter IV of this Regulation, where the suspected infringer is a very large online platform.
2021/07/08
Committee: IMCO
Amendment 552 #

2020/0361(COD)

Proposal for a regulation
Recital 86
(86) In order to facilitate cross-border supervision and investigations involving several Member States, the Digital Services Coordinators should be able to participate, on a permanent or temporary basis, in joint oversight and investigation activities concerning matters covered by this Regulation and under the authority of the Digital Services Coordinator of the Member State of establishment. Those activities may include other competent authorities and may cover a variety of issues, ranging from coordinated data gathering exercises to requests for information or inspections of premises, within the limits and scope of powers available to each participating authority. The Board may be requested to provide advice in relation to those activities, for example by proposing roadmaps and timelines for activities or proposing ad-hoc task-forces with participation of the authorities involved.
2021/07/08
Committee: IMCO
Amendment 557 #

2020/0361(COD)

Proposal for a regulation
Recital 88
(88) In order to ensure a consistent application of this Regulation, it is necessary to set up an independent advisory group at Union level and with legal personality, which should support the Commission and help coordinate the actions of Digital Services Coordinators. That European Board for Digital Services should consist of the Digital Services Coordinators, without prejudice to the possibility for Digital Services Coordinators to invite in its meetings or appoint ad hoc delegates from other competent authorities entrusted with specific tasks under this Regulation, where that is required pursuant to their national allocation of tasks and competences. In case of multiple participants from one Member State, the voting right should remain limited to one representative per Member Statethe Member State´s Digital Services Coordinator.
2021/07/08
Committee: IMCO
Amendment 578 #

2020/0361(COD)

Proposal for a regulation
Recital 97 a (new)
(97a) The Commission should ensure that it is independent and impartial in its decision making in regards to both Digital Services Coordinators and providers of services under this Regulation.
2021/07/08
Committee: IMCO
Amendment 579 #

2020/0361(COD)

Proposal for a regulation
Recital 98
(98) In view of both the particular challenges that may arise in seeking to ensure compliance by very large online platforms and the importance of doing so effectively, considering their size and impact and the harms that they may cause, the Commission should have strong investigative and enforcement powers to allow it to investigate, enforce and monitor certain of the rules laid down in this Regulation, in full respect of the principle of proportionality and the rights and interests of the affected parties, including the right to challenge any investigative requests before a judicial authority within the Member State of establishment.
2021/07/08
Committee: IMCO
Amendment 585 #

2020/0361(COD)

Proposal for a regulation
Recital 99
(99) In particular, the Commission, where it can show grounds for believing that a very large online platform is not compliant with this Regulation, should have access to any relevant documents, data and information necessary to open and conduct investigations and to monitor the compliance with the relevant obligations laid down in this Regulation, irrespective of who possesses the documents, data or information in question, and regardless of their form or format, their storage medium, or the precise place where they are stored. The Commission should be able to directly require that the very large online platform concerned or relevant third parties, or than individuals, provide any relevant evidence, data and information related to those concerns. In addition, the Commission should be able to request any relevant information from any public authority, body or agency within the Member State, or from any natural person or legal person for the purpose of this Regulation. The Commission should be empowered to require access to, and explanations relating to, data-bases and algorithms of relevant persons, and to interview, with their consent, any persons who may be in possession of useful information and to record the statements made. The Commission should also be empowered to undertake such inspections as are necessary to enforce the relevant provisions of this Regulation. Those investigatory powers aim to complement the Commission’s possibility to ask Digital Services Coordinators and other Member States’ authorities for assistance, for instance by providing information or in the exercise of those powers.
2021/07/08
Committee: IMCO
Amendment 592 #

2020/0361(COD)

Proposal for a regulation
Recital 102
(102) In the interest of effectiveness and efficiency, in addition to the general evaluation of the Regulation, to be performed within five years of entry into force, after the initial start-up phase and on the basis of the first three years of application of this Regulation, the Commission should also perform an evaluation of the activities of the Board and on its structure. In addition, the Commission should carry out an assessment of any impact of the costs to European service providers of any similar requirements, including those of Article 11, introduced by third-party states and any new barriers to non-EU market access after the adoption of this Regulation. The Commission should also access the impact on the ability of European businesses and consumers to access and buy products and services from outside the Union.
2021/07/08
Committee: IMCO
Amendment 594 #

2020/0361(COD)

Proposal for a regulation
Recital 104
(104) In order to fulfil the objectives of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement this Regulation. In particular, delegated acts should be adopted in respect of criteria for identification of very large online platforms and of technical specifications for access requests. It is also equally important that when standardisation bodies are unable to agree the standards needed to implement this Regulation fully, that the Commission to choice to adopt delegated acts. It is of particular importance that the Commission carries out appropriate consultations and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
2021/07/08
Committee: IMCO
Amendment 595 #

2020/0361(COD)

Proposal for a regulation
Recital 105 a (new)
(105a) This Regulation serves a horizontal framework to ensure the further strengthening and deepening the Digital Single Market and the internal market and therefore seeks to lay down rules and obligations which, unless specified, seek to be applicable to all providers without regards to individual models of operation. Individual models of operation are often addressed in different Union law regarded as lex specialis. In the case of any potential conflict between this Regulation and those Union acts, the principle of Lex specialis derogat legi generali should apply.
2021/07/08
Committee: IMCO
Amendment 608 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b
(b) set out uniform harmonised rules for a safe, predictable, accessible and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected.
2021/07/08
Committee: IMCO
Amendment 622 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. This Regulation shall apply to intermediary services directed at and provided to recipients of the service that have their place of establishment or residence in the Union, irrespective of the place of establishment of the providers of those services.
2021/07/08
Committee: IMCO
Amendment 625 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 – point b
(b) Directive 2010/13/ECU as amended by Directive 2018/1808/EU;
2021/07/08
Committee: IMCO
Amendment 631 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 – point c
(c) Union law on copyright and related rights, in particular Directive (EU) 2019/790 on Copyright and Related Rights in Digital Single Market;
2021/07/08
Committee: IMCO
Amendment 634 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 – point h
(h) Union law on consumer protection and product safety, including Regulation (EU) 2017/2394, Regulation (EU) 2019/1020 and Regulation XXX (General Product Safety Regulation);
2021/07/08
Committee: IMCO
Amendment 638 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 – point i a (new)
(ia) Directive (EU) 2019/882
2021/07/08
Committee: IMCO
Amendment 642 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 a (new)
5a. The Commission shall by [within one year of the adoption of this Regulation] publish guidelines with regards to the relations between this Regulation and those legislative acts listed in Article 1(5). These guidelines shall clarify any potential conflicts between the conditions and obligations enlisted in these legislative acts and which act prevails where actions, in line with this Regulation, fulfil the obligations of another legislative act and which regulatory authority is competent.
2021/07/08
Committee: IMCO
Amendment 647 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) ‘recipient of the service’ means any natural or legal person who uses the relevant intermediary servic, for professional reasons or otherwise, uses the relevant intermediary service in particular for the purposes of seeking information or making it accessible;
2021/07/08
Committee: IMCO
Amendment 650 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c
(c) ‘consumer’ means any natural person who is acting for purposes which are outside his or her trade, business, craft, or profession;
2021/07/08
Committee: IMCO
Amendment 661 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 1
— a significant number of useraverage monthly active recipients in one or more Member States; or
2021/07/08
Committee: IMCO
Amendment 664 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 2
— the targeproactive directing of activities towards one or more Member States.
2021/07/08
Committee: IMCO
Amendment 667 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point e
(e) ‘trader’ means any natural person, or any legal person irrespective of whether privately or publicly owned, who is acting, including through any person acting in his or her name or on his or her behalf, for purposes relating to his or her trade, business, craft or profession, irrespective of the legality of those actions;
2021/07/08
Committee: IMCO
Amendment 671 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f – introductory part
(f) ‘intermediary service’ means one of the following information society services:
2021/07/08
Committee: IMCO
Amendment 673 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f – indent 1
— a ‘mere conduit’ service that consists of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network, including technical auxiliary functional services;
2021/07/08
Committee: IMCO
Amendment 695 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point h
(h) ‘online platform’ means a provider of a hosting service which, at the request of a recipient of the service, with which it has a direct relationship stores and disseminates to the public information, unless that activity is a minor and purely ancillary feature of another service and, for objective and technical reasons cannot be used without that other service, and the integration of the feature into the other service is not a means to circumvent the applicability of this Regulation. For the purpose of this Regulation, cloud computing service shall not be considered to be an online platform in cases where allowing the dissemination of hyperlinks to a specific content constitutes a minor and ancillary feature.
2021/07/08
Committee: IMCO
Amendment 705 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
(ha) ‘cloud computing service’ means a digital service that enables access to a scalable and elastic pool of shareable computing resources;
2021/07/08
Committee: IMCO
Amendment 714 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
(ia) ‘online marketplace’ means an online platform which allows consumers to conclude distance contracts with traders on its platform;
2021/07/08
Committee: IMCO
Amendment 716 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point k a (new)
(ka) ‘trusted flagger’ means an entity that has been nominated by a Digital Services Coordinator based on specific conditions to be authorised to issue priority notifications as to illegal content found on a platform.
2021/07/08
Committee: IMCO
Amendment 718 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point n
(n) ‘advertisement’ means information designed to promote the message of a legal or natural person, irrespective of whether the person is incorporated or unincorporated and irrespective of whether the information is designed to achieve commercial or non-commercial purposes, and displayed by an online platform on its online interface normally against remuneration specifically for promoting that informationmessage;
2021/07/08
Committee: IMCO
Amendment 724 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point p
(p) ‘content moderation’ means the activities, either through automated or manual means, undertaken by providers of intermediary services aimed at detecting, identifying and addressing illegal content or information incompatible with their terms and conditions, provided by recipients of the service, including measures taken that affect the availability, visibility, monetisation and accessibility of that illegal content or that information, such as demotion, disabling of access to, delisting, demonetisation or removal thereof, or the recipients’ ability to provide that information, such as the termination or suspension of a recipient’s account;
2021/07/08
Committee: IMCO
Amendment 731 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point q
(q) ‘terms and conditions’ means all terms and conditions or specifications by the service provider, irrespective of their name or form, which govern the contractual relationship between the provider of intermediary services and the recipients of the services, and are unilaterally determined by the provider of online intermediary services and that unilateral determination of terms and conditions is being evaluated on the basis of an overall assessment for which the relative size of the parties concerned, the fact that a negotiation took place, or that certain provisions thereof might have been subject to such a negotiation and determined together by the relevant provider and recipient are not, in themselves, decisive; or the rules laid down by the intermediary service provider under which users will be allowed to use the intermediation service concerned.
2021/07/08
Committee: IMCO
Amendment 738 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
(qa) ‘dark pattern’ means a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision- making or choice.
2021/07/08
Committee: IMCO
Amendment 742 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point q b (new)
(qb) ‘persons with disabilities’ means persons with disabilities within the meaning of Article 3(1) of Directive (EU) 2019/882
2021/07/08
Committee: IMCO
Amendment 745 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point q c (new)
(qc) ‘deep fake’ means a generated or manipulated image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and falsely appears to a person to be authentic or truthful.
2021/07/08
Committee: IMCO
Amendment 752 #

2020/0361(COD)

Proposal for a regulation
Article 4 – paragraph 1 – introductory part
1. Where an information society 1. service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, the service provider shall not be liable for the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making more efficient or more secure the information's onward transmission to other recipients of the service upon their request, on condition that:
2021/07/08
Committee: IMCO
Amendment 753 #

2020/0361(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point a
(a) the provider does not modify the finformational content;
2021/07/08
Committee: IMCO
Amendment 770 #

2020/0361(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. Paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with tradermarketplaces, where such an online platformmarketplace presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control.
2021/07/08
Committee: IMCO
Amendment 786 #

2020/0361(COD)

Proposal for a regulation
Article 6 – paragraph 1
Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry out voluntary own-initiative investigations or other activities aimed at detecting, identifying and removing, or disabling of access to, illegal content, to enforce their terms and conditions in accordance with Article 12 or take the necessary measures to comply with the requirements of Union or national law, including those set out in this Regulation.
2021/07/08
Committee: IMCO
Amendment 793 #

2020/0361(COD)

Proposal for a regulation
Article 7 – paragraph 1
No general obligation to monitor the information which providers of intermediary services transmit or store, nor actively to seek facts or circumstances indicating illegal activity shall be imposed on those providers. This Regulation shall not prevent providers from offering end- to-end encrypted services. The provision of such services shall not constitute a reason for liability or for becoming ineligible for the exemptions from liability.
2021/07/08
Committee: IMCO
Amendment 806 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Providers of intermediary services shall, upon the receipt of an order to act against a specific individual item of illegal content, received from and issued by the relevant national judicial or administrative authorities, on the basis of the applicable Union or national law, in conformity with Union law, inform the authority issuing the order of the effect given to the orders, without undue delay, specifying the action taken and the moment when the action was taken.
2021/07/08
Committee: IMCO
Amendment 809 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 1 a (new)
1a. If the provider cannot comply with the removal order because it contains manifest errors or does not contain sufficient information for its execution, it shall, without undue delay, inform the authority that has issued the order.
2021/07/08
Committee: IMCO
Amendment 810 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 1 b (new)
1b. Where the provider does not have its main establishment or legal representative in the Member State of the competent authority that has issued the order and the provider believes that the implementation of an order issued under paragraph 1 would infringe the Charter of Fundamental rights of the European Union, Union law, or the national law of the Member State in which the main establishment or legal representative of the provider is located, or does not meet the conditions of paragraph 2, the provider shall have the right to submit a reasoned request for a decision of the Digital Services Coordinator from the Member State of establishment. The provider shall inform the authority issuing the order of this submission.
2021/07/08
Committee: IMCO
Amendment 811 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 1 c (new)
1c. Upon receiving such a submission, the Digital Services Coordinator shall in a timely manner scrutinise the order and inform the provider of its decision. Where the Digital Services Coordinator agrees with the reasoning of the provider, in whole or in part, the Digital Services Coordinator shall inform, without undue delay, the Digital Services Coordinator of the Member State of the judicial or administrative authority issuing the order of its objection. The Digital Services Coordinator may choose to intervene on behalf of the provider in any redress, appeal or other legal processes in relations to the order.
2021/07/08
Committee: IMCO
Amendment 812 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 1 d (new)
1d. Until an objection under paragraph 1, point (c) is withdrawn, any penalties, fines or other sanctions related to the non-implementation of an order issued by the relevant national judicial or administrative authorities shall be suspended and the order shall cease to have legal effects.
2021/07/08
Committee: IMCO
Amendment 813 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 1 e (new)
1e. Paragraphs 1b and 1c shall not apply in the case of very large online platforms or where a content is manifestly illegal under Union law.
2021/07/08
Committee: IMCO
Amendment 819 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 1 a (new)
— the identification of the issuing authority and the means to verify the authentication of the order;
2021/07/08
Committee: IMCO
Amendment 828 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point b
(b) the territorial scope of the order, on the basis of the applicable rules of Union and national law, including the Charter, and, where relevant, general principles of international law, does not exceed what is strictly necessary to achieve its objective and in any case does not exceed the territory of the Member State of the order;
2021/07/08
Committee: IMCO
Amendment 836 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point c
(c) the order is drafted in the language declared by the provider and is sent to the point of contact, appointed by the provider, in accordance with Article 10, or in the official language of the Member State that issues the order against the specific item of illegal content. In such case, the point of contact may request the competent authority to provide translation into the language declared by the provider.
2021/07/08
Committee: IMCO
Amendment 840 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)
(ca) the order is issued only where no other effective means are available to bring about the cessation or the prohibition of the infringement
2021/07/08
Committee: IMCO
Amendment 841 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point c b (new)
(cb) where more than one provider of intermediary services is responsible for hosting the specific item, the order is issued to the most appropriate provider that has the technical and operational ability to act against the specific item.
2021/07/08
Committee: IMCO
Amendment 842 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 a (new)
2a. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down a specific template and form for such orders.
2021/07/08
Committee: IMCO
Amendment 843 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 b (new)
2b. Member States shall ensure that providers have a right to appeal and object to implementing the order and shall facilitate the use and access to that right.
2021/07/08
Committee: IMCO
Amendment 844 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 c (new)
2c. When an order to act against a specific individual item of illegal content is issued by a relevant national judicial or administrative authority, Member States shall ensure that the relevant national judicial or administrative authority duly informs the Digital Services Coordinator from the Member State of the judicial or administrative authority.
2021/07/08
Committee: IMCO
Amendment 846 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 a (new)
Where upon receiving the copy of the order, at least three Digital Services Coordinators consider that the order violates Union or national law that is in conformity with Union law, including the Charter, they can object the enforcement of the order to the Board, based on a reasoned statement. Following recommendation of the Board, the Commission may decide whether the order is to be enforced.
2021/07/08
Committee: IMCO
Amendment 849 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 4
4. The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal procedural law and administrative law in conformity with Union law, including the Charter on Fundamental Rights. While acting in accordance with such laws, authorities shall not go beyond what is necessary in order to attain the objectives followed therein.
2021/07/08
Committee: IMCO
Amendment 862 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Providers of intermediary services shall, upon receipt of an order to provide a specific item of information about one or more specific individual recipients of the service, received from and issued by the relevant national judicial or administrative authorities on the basis of the applicable Union or national law, in conformity with Union law, inform without undue delay the authority of issuing the order of its receipt and the effect given to the order.
2021/07/08
Committee: IMCO
Amendment 865 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 1 a (new)
1a. If the provider cannot comply with the information order because it contains manifest errors or does not contain sufficient information for its execution, it shall, without undue delay, inform the authority that issued the information order
2021/07/08
Committee: IMCO
Amendment 866 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 1 b (new)
1b. Where the provider does not have its main establishment or legal representative in the Member State of the competent authority that issued the order and a provider believes that the implementation of an order issued under paragraph 1 would infringe the Charter, Union law, or the national law of the Member State in which the main establishment or legal representative of the provider is located, or does not meet the conditions of paragraph 2, the provider shall have the right to submit a reasoned request for a decision of the Digital Services Coordinator from the Member State of establishment. The provider shall inform the authority issuing the order of this submission.
2021/07/08
Committee: IMCO
Amendment 867 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 1 c (new)
1c. Upon receiving such a submission, the Digital Services Coordinator shall in a timely manner scrutinise the order and inform the provider of its decision. Where the Digital Services Coordinator agrees with the reasoning of the provider, in whole or in part, the Digital Services Coordinator shall inform of its objection, without undue delay, the Digital Services Coordinator from the Member State of the judicial or administrative authority issuing the order. The Digital Services Coordinator may choose to intervene on behalf of the provider in any redress, appeal or other legal processes in relations to the order.
2021/07/08
Committee: IMCO
Amendment 868 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 1 d (new)
1d. Until an objection under paragraph 1, point (c) is withdrawn, any penalties, fines or other sanctions related to the non-implementation of an order issued by the relevant national judicial or administrative authorities shall be suspended and the order shall cease to have legal effects.
2021/07/08
Committee: IMCO
Amendment 870 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point a – indent -1 (new)
— the identification of the issuing authority and the means to verify the authentication of the order;
2021/07/08
Committee: IMCO
Amendment 879 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point c
(c) the order is drafted in the language declared by the provider and is sent to the point of contact appointed by that provider, in accordance with Article 10, or in the official language of the Member State that issues the order against the specific item of illegal content. In such case, the point of contact may request the competent authority to provide translation into the language declared by the provider;
2021/07/08
Committee: IMCO
Amendment 882 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point c a (new)
(ca) the order is issued only where no other effective means are available to receive the same specific item of information
2021/07/08
Committee: IMCO
Amendment 884 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 a (new)
2a. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down a specific template and form for such orders. It shall ensure that the form meats the standards set down in the Annex of [XXX the regulation on European Production and Preservation Orders for electronic evidence in criminal matters].
2021/07/08
Committee: IMCO
Amendment 885 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 b (new)
2b. When an order to provide a specific item of information about one or more specific individual recipients of the service is issued by a relevant national judicial or administrative authority, Member States shall ensure that the relevant national judicial or administrative authority duly informs the Digital Services Coordinator from the Member State of the judicial or administrative authority.
2021/07/08
Committee: IMCO
Amendment 887 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 4
4. The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal procedural law and administrative law in conformity with Union law.
2021/07/08
Committee: IMCO
Amendment 891 #

2020/0361(COD)

Proposal for a regulation
Chapter III – title
Due diligence oObligations for a transparent, accessible and safe online environment
2021/07/08
Committee: IMCO
Amendment 894 #

2020/0361(COD)

Proposal for a regulation
Article 9 a (new)
Article 9a Waiver 1. Providers of intermediary services may apply to the Commission for a waiver from the requirements of Chapter III, proved that they are: (a) non-for-profit or equivalent and serve a manifestly positive role in the public interest; (b) micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC; or (c) a medium enterprises within the meaning of the Annex to Recommendation 2003/361/EC without any systemic risk related to illegal content. The Providers shall present justified reasons for their request. 2. The Commission shall examination such an application and, after consulting the Board, may issue a waiver in whole or in parts to the requirements of this Chapter. 3. Upon the request of the Board or the provider, or on its own initiative, the Commission may review a waiver issued and revoke the waiver in whole or in parts. 4. The Commission shall maintain a list of all waivers issued and their conditions and shall publish this list to the public. (This amendment should be placed between the Chapter Title and the Section title)
2021/07/08
Committee: IMCO
Amendment 896 #

2020/0361(COD)

Proposal for a regulation
Article 9 a (new)
Article 9a Conflict between Union Acts 1. Where any obligation set down in this Regulation can be viewed as equivalent with or superseded by an obligation within another Union act, in which a provider of intermediary services is also a subject, a provider of intermediary services may apply to the Commission for a waiver from such requirements or a declaration that it should be deemed as having complied with this Regulation, in whole or in parts. The provider shall present justified reasons for their request. 2. The Commission shall examine such an application and, after consulting the Board, may issue a waiver or declaration in whole or in parts to the requirements of this Regulation. 3. Upon the request of the Board or on its own initiative, the Commission may review a waiver or declaration issued and revoke the waiver or declaration in whole or in parts. 4. The Commission shall maintain a list of all waiver and declaration issued and their conditions and shall publish this list to the public.
2021/07/08
Committee: IMCO
Amendment 905 #

2020/0361(COD)

Proposal for a regulation
Article 10 – paragraph 2 a (new)
2a. Providers of intermediary services may establish the same single point of contact for this Regulation and another single point of contact as required under other Union law. When doing so, the provider shall inform the Commission of this decision.
2021/07/08
Committee: IMCO
Amendment 913 #

2020/0361(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Providers of intermediary services which do not have an establishment in the Union but which offer services in the Union shallmay designate, in writing, a legal or natural person to act as their legal representative in one of the Member States where the provider offers its services.
2021/07/08
Committee: IMCO
Amendment 914 #

2020/0361(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 a (new)
Where a provider of intermediary services chooses not to designate a legal representative, Article 40(3) shall apply.
2021/07/08
Committee: IMCO
Amendment 917 #

2020/0361(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. Providers of intermediary services shall notify the name, address, the electronic mail address and telephone number of their legal representative to the Digital Service Coordinator in the Member State where that legal representative resides or is destablishignated. They shall ensure that that information is up to date.
2021/07/08
Committee: IMCO
Amendment 921 #

2020/0361(COD)

Proposal for a regulation
Article 11 – paragraph 5 a (new)
5a. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC other than those which are either a very larger online platform or a marketplace.
2021/07/08
Committee: IMCO
Amendment 931 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used by the provider of the intermediary service for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible, machine-readable format.
2021/07/08
Committee: IMCO
Amendment 939 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. Providers of intermediary services shall act in a diligent, objective and proportionatenon- arbitrary manner in applying and enforcing the restrictions referred to in paragraph 1, with due regard to the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service as enshrined in the Charter and, where applicable, any community or other standards created by recipients of the service.
2021/07/08
Committee: IMCO
Amendment 949 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
2a. Providers of intermediary services shall, when complying with the requirements of this Article, not be required to disclose algorithms or any information that, with reasonable certainty, would result in the enabling of deception of consumers or consumer harm through the manipulation of their services. This Article shall be without prejudice to Directive (EU) 2016/943.
2021/07/08
Committee: IMCO
Amendment 959 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 b (new)
2b. Providers of intermediary services shall refrain from any dark patterns or other techniques to encourage the acceptance of terms and conditions, including giving consent to sharing personal and non-personal data.
2021/07/08
Committee: IMCO
Amendment 963 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 c (new)
2c. Providers of intermediary services shall not require recipients of the service other than traders to make their legal identity public in order to use the service.
2021/07/08
Committee: IMCO
Amendment 964 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 d (new)
2d. For providers other than very large online platforms, nothing in this Regulation shall prevent a provider of intermediary services provider concerned from terminating the contractual relationship with its recipients without clause, in the situations provided for in the terms and conditions. Providers of a very large online platform shall issue a statement for the termination to the recipient, and the recipient shall have access to the internal complaint mechanism under Article 17 and the out- of-court mechanism under Article 18.
2021/07/08
Committee: IMCO
Amendment 967 #

2020/0361(COD)

Proposal for a regulation
Article 12 a (new)
Article 12a General Risk Assessment and Mitigation Measures 1. Providers of intermediary services shall identify, analyse and assess, at least once and at each significant revision of a service thereafter, the potential misuse or other risks stemming from the functioning and use made of their services in the Union. Such a general risk assessment shall be specific to their services and shall include at least risks related to the dissemination of illegal content through their services and any contents that might have a negative effect on potential recipients of the service, especially minors. 2. Providers of intermediary services which identify potential risks shall. wherever possible, attempt to put in place reasonable, proportionate and effective mitigation measures in line with their terms and conditions. 3. Where the identified risk relations to minor recipients of the service, without regard to if the minor is acting with respect to the terms and conditions, mitigation measures shall include, where needed and applicable: (a) adapting content moderation or recommender systems, their decision- making processes, the features or functioning of their services, or their terms and conditions to ensure those prioritise the best interests of the minor; (b) adapting or removing system design features that expose or promote to minors to content, contact, conduct and contract risks; (c) ensuring the highest levels of privacy, safety, and security by design and default for users under the age of 16, including any profiling or use of data for commercial purposes; (d) if a service is targeted at minors, provide child-friendly mechanisms for remedy and redress, including easy access to expert advice and support. 4. Providers of intermediary services shall, upon request, explain to the Digital Services Coordinator of the Member State of establishment, how they undertook this risk assessment and what voluntary mitigation measures they undertook.
2021/07/08
Committee: IMCO
Amendment 972 #

2020/0361(COD)

Proposal for a regulation
Article 12 b (new)
Article 12b Fair consent choice screens 1. Providers of intermediary services that ask the recipients of their service for consent as required by Regulation (EU) 2016/679 to collect or process personal data concerning them shall ensure that the end user choice screens shown to that end are designed in a fair and neutral manner and do not in any way subvert or impair user autonomy, decision-making, or choice via the choice screens’ structure, function or manner of operation. In particular, providers shall refrain from: (a) giving more visual prominence to any of the consent options when asking the recipient of the service for a decision; (b) repeatedly requesting that a recipient of the service consents to data processing, regardless of the scope of purpose of such processing, especially by presenting a pop-up that interferes with user experience; (c) urging a recipient of the service to change any setting or configuration of the service after the person in question has already made her choice, including by the use of a technical standard in accordance with paragraph 3; (d) making the procedure of cancelling a service more cumbersome then signing up to it. 2. The Commission may adopt implementing acts to prescribe binding design aspects and functions of consent choice screens that fulfil the requirements of paragraph 1. 3. Providers of intermediary services shall accept the communication of consent choices made by the recipient of the service through automated means, including through standardised digital signals sent by the recipient’s software used to access the service such as web browsers and operating systems. 4. The Commission shall promote and facilitate the development of technical standards for the automated communication of consent choices through international and Union standardisation bodies. Where standardisation bodies fail to develop a workable technical standard, the Commission shall, not later than two years after entry into force of this Regulation, designate a binding technical standard for the purpose of paragraph 3.
2021/07/08
Committee: IMCO
Amendment 977 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. Providers of intermediary services shall publish, at least once a year, clear, easily comprehensible and detailed reports to their Digital Services Coordinator of establishment on any content moderation they engaged in during the relevant period. Those reports shall include, in particular, information on the following, as applicable:
2021/07/08
Committee: IMCO
Amendment 981 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point a
(a) the number of orders received from Member States’ authorities, categorised by the type of illegal content concerned, including orders issued in accordance with Articles 8 and 9, and the average time needed to inform taking the action specified in thoshe authority issuing the order of its receipt and the effect given to the orders;
2021/07/08
Committee: IMCO
Amendment 983 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point b
(b) the number of notices submitted in accordance with Article 14, categorised by the type of alleged illegal content concerned, the number of notices submitted by trusted flaggers, any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider, and the average time needed for taking the action; Providers of intermediary services may add additional information as to the reasons for the average time for taking the action.
2021/07/08
Committee: IMCO
Amendment 999 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 a (new)
1a. Where providers of intermediary services do not make the report under paragraph 1 available to the general public, at least a summary of the report under paragraph 1 shall be made available to the general public.
2021/07/08
Committee: IMCO
Amendment 1005 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC and which are not very large online platforms in accordance with Article 25.
2021/07/08
Committee: IMCO
Amendment 1010 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 2 a (new)
2a. Where made available to the public, the annual transparency reports referred to in paragraph 1 shall not include information that may prejudice ongoing activities for the prevention, detection, or removal of illegal content or content counter to a hosting provider’s terms and conditions.
2021/07/08
Committee: IMCO
Amendment 1023 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. Providers of hosting services shall put mechanisms in place to allow any individual or non-governmental entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, user- friendly, and allow for the submission of notices exclusively by electronic means and may include: (a) a clearly identifiable banner or single reporting button, allowing the users of those services to notify quickly and easily the providers of hosting services; (b) providing information to the users on what is considered illegal content under Union and national law; (c) providing information to the users on available national public tools to signal illegal content to the competent authorities in Member States were the service is directed.
2021/07/08
Committee: IMCO
Amendment 1052 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 2 – point d
(d) a statement confirming the good faith belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete to the best available knowledge.
2021/07/08
Committee: IMCO
Amendment 1057 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. NAdequately substantiated notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of Arn obligation to investigate the notice in an effective and timely manner. If a provider is unable to determine if a noticle 5 in respect of the specific item of information concernedis valid, a provider may ask the Digital Service Coordinator or other national administrative bodies for an opinion before removing or disabling the content.
2021/07/08
Committee: IMCO
Amendment 1075 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6
6. Providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, in a timely, diligent, non-discriminatory and objective manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notification referred to in paragraph 4.
2021/07/08
Committee: IMCO
Amendment 1093 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or, disable access to or otherwise restrict the visibility of specific items of information provided by the recipients of the service or to suspend or terminate monetary payments related to those items, irrespective of the means used for detecting, identifying or, removing or disabling access to or reducing the visibility of that information and of the reason for its decision, it shall inform the recipient on a durable medium, at the latest at the time of the removal or disabling of access or the restriction of visibility or the suspension or termination of monetization, of the decision and provide a clear and specific statement of reasons for that decision.
2021/07/08
Committee: IMCO
Amendment 1104 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point a
(a) whether the decision entails either the removal of, or the disabling of access to, the restriction of the visibility of, or the demonetisation of, the information and, where relevant, the territorial scope of the disabling of access; or the restriction;
2021/07/08
Committee: IMCO
Amendment 1108 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point b
(b) the facts and circumstances relied on in taking the decision, including where relevant whether the decision was taken pursuant to a notice submitted in accordance with Article 14 and where appropriate, the identity of the notifier;
2021/07/08
Committee: IMCO
Amendment 1119 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. Providers of hosting services shall publish at least annually the decisions and the statements of reasons, referred to in paragraph 1 in a publicly accessible database managed by the Commission. That information shall not contain personal data.
2021/07/08
Committee: IMCO
Amendment 1121 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 4 a (new)
4a. Paragraph1 shall not apply where: - a provider of hosting service does not have the information necessary to inform the recipient by a durable medium; - a provider of hosting service has already informed the recipient of the removal or disabling of the same or similar items of information from the same recipient; - content is manifestly illegal; - content is deceptive, high-volume commercial content; or - requested by a judicial or law enforcement authority to not inform the recipient due to an ongoing criminal investigations until the criminal investigations is closed.
2021/07/08
Committee: IMCO
Amendment 1131 #

2020/0361(COD)

Proposal for a regulation
Article 15 a (new)
Article 15a Alternative mechanisms based on an adequacy decision 1. Where a platform has an existing alternative notice and action mechanisms as set down by the law of a third country or in accordance with other Union law, upon a request by a provider, the Commission may issue a decision that declare these mechanisms as ensuring an adequate level of protection and fulfilling the requirements in Article 14 and Article 15. Before issues any such decision, the Commission shall consult the Board and the general public at least one month before the decision is adopted.
2021/07/08
Committee: IMCO
Amendment 1141 #

2020/0361(COD)

Proposal for a regulation
Article 16 – paragraph 1
This Section shall not apply to online platforms that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC and which are not very large online platforms in accordance with Article 25.
2021/07/08
Committee: IMCO
Amendment 1149 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – introductory part
1. Online platforms shall provide recipients of the service, for a period of at least sixthree months following the decision referred to in this paragraph, the access to an effective internal complaint-handling system, which enables the complaints to be lodged electronically and free of charge, against the following decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions:
2021/07/08
Committee: IMCO
Amendment 1154 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) decisions to remove or, disable access to or restrict the visibility of the information;
2021/07/08
Committee: IMCO
Amendment 1169 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
(ca) decisions to restrict the ability to monetize content provided by the recipients.
2021/07/08
Committee: IMCO
Amendment 1195 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. Online platforms shall ensure that the decisions, that would negatively affect them and that are referred to in paragraph 4, are not solely taken on the basis of automated means.
2021/07/08
Committee: IMCO
Amendment 1201 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Recipients of the service addressed by the decisions referred to in Article 17(1), shall be entitled to select any out-of-court dispute settlement body that has been certified in accordance with paragraph 2 and established in the Member State of the provider or the Member State of the recipient, in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.
2021/07/08
Committee: IMCO
Amendment 1207 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 1 a (new)
1a. Where a recipient seeks a resolved to multiple complaints, either party may request that the out-of-court dispute settlement body treats and resolves these complaints in a single dispute decision.
2021/07/08
Committee: IMCO
Amendment 1225 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point c
(c) the dispute settlement is easily accessible, including for persons with disabilities, through electronic communication technology;
2021/07/08
Committee: IMCO
Amendment 1234 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point d
(d) it is capable of settling dispute in a swift, efficient, accessible for persons with disabilities and cost-effective manner and in at least one official language of the Union;
2021/07/08
Committee: IMCO
Amendment 1248 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1
If the body decides the dispute in favour of the recipient of the service, the online platform shall reimburse the recipient for any fees and other reasonable expenses that the recipient has paid or is to pay in relation to the dispute settlement. If the body decides the dispute in favour of the online platform, and the body does not find the recipient acted in bad faith in the dispute, the recipient shall not be required to reimburse any fees or other expenses that the online platform paid or is to pay in relation to the dispute settlement.
2021/07/08
Committee: IMCO
Amendment 1255 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 6 a (new)
6a. This Article shall only take effect on providers other than very large online platforms from [24 months after the date of entry into force of this Regulation].
2021/07/08
Committee: IMCO
Amendment 1274 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point b
(b) it represents collective interests and is independent from any online platform, law enforcement, or other government or relevant commercial entity;
2021/07/08
Committee: IMCO
Amendment 1285 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point c a (new)
(ca) it has a transparent funding structure, including publishing the sources and amounts of all revenue annually
2021/07/08
Committee: IMCO
Amendment 1286 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point c b (new)
(cb) it is not already a trusted flagger in another Member State.
2021/07/08
Committee: IMCO
Amendment 1287 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point c c (new)
(cc) it publishes, at least once a year, clear, easily comprehensible and detailed reports on any notices submitted in accordance with Article 14 during the relevant period. The report shall list notices categorised by the identity of the hosting service provider, the type of alleged illegal or terms and conditions violating content concerned, and what action was taken by the provider. In addition, the report shall identify relationships between the trusted flagger and any online platform, law enforcement, or other government or relevant commercial entity, and explain the means by which the trusted flagger maintains its independence.
2021/07/08
Committee: IMCO
Amendment 1288 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1 a (new)
By way of derogation from point (b), a public entity may be awarded with the status of trusted flagger for non- intellectual property right related actions.
2021/07/08
Committee: IMCO
Amendment 1289 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 a (new)
2a. Online platforms may treat other third parties considered by the provider to have particular expertise and responsibilities for the purposes of tackling illegal content online as equal to a trusted flagger as to the mechanisms referred to Article 14. The conditions for granting such treatment shall be clearly set out and objective and shall be communicated to the Digital Services Coordinator of establishment. The names of such third parties shall be published in a clear and easily findable manner.
2021/07/08
Committee: IMCO
Amendment 1303 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 5
5. Where an online platform has information indicating that a trusted flagger submitted a significant number of insufficiently precise or inadequately substantiated notices through the mechanisms referred to in Article 14, including information gathered in connection to the processing of complaints through the internal complaint-handling systems referred to in Article 17(3), it shall communicate that information to the Digital Services Coordinator that awarded the status of trusted flagger to the entity concerned, providing the necessary explanations and supporting documents. During this period of investigation by the Digital Services Coordinator, the trusted flagger shall be treated as a non-trusted flagger when using the mechanisms referred to in Article 14, where not suspended under Article 20.
2021/07/08
Committee: IMCO
Amendment 1309 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 6
6. The Digital Services Coordinator that awarded the status of trusted flagger to an entity shall revoke that status if it determines, following an investigation either on its own initiative or on the basis information received byfrom third parties, including the information provided by an online platform pursuant to paragraph 5, that the entity no longer meets the conditions set out in paragraph 2. Before revoking that status, the Digital Services Coordinator shall afford the entity an opportunity to react to the findings of its investigation and its intention to revoke the entity’s status as trusted flagger
2021/07/08
Committee: IMCO
Amendment 1312 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 7
7. The Commission, after consulting the Board, shall issue guidance as to how to apply and demonstrate the conditions of paragraph 2 and may issue guidance to assist online platforms and Digital Services Coordinators in the application of paragraphs 5 and 6.
2021/07/08
Committee: IMCO
Amendment 1317 #

2020/0361(COD)

Proposal for a regulation
Article 19 a (new)
Article 19a Accessibility requirements for online platforms 1. Providers of online platforms which offer services in the Union shall ensure that they design and provide services in accordance with the accessibility requirements set out in Section III, Section IV, Section VI, and Section VII of Annex I of Directive (EU) 2019/882. 2. Providers of online platforms shall prepare the necessary information in accordance with Annex V of Directive (EU) 2019/882 and shall explain how the services meet the applicable accessibility requirements. The information shall be made available to the public in written and oral format, including in a manner which is accessible to persons with disabilities. Providers of online platforms shall keep that information for as long as the service is in operation. 3. Providers of online platforms shall ensure that information, forms and measures provided pursuant to this Regulation are made available in a manner that they are easy to find and accessible to persons with disabilities. 4. Providers of online platforms which offer services in the Union shall ensure that procedures are in place so that the provision of services remains in conformity with the applicable accessibility requirements. Changes in the characteristics of the provision of the service, changes in applicable accessibility requirements and changes in the harmonised standards or in technical specifications by reference to which a service is declared to meet the accessibility requirements shall be adequately taken into account by the provider of intermediary services. 5. In the case of non-conformity, providers of online platforms shall take the corrective measures necessary to bring the service into conformity with the applicable accessibility requirements. 6. Provider of online platforms shall, further to a reasoned request from a competent authority, provide it with all information necessary to demonstrate the conformity of the service with the applicable accessibility requirements. They shall cooperate with that authority, at the request of that authority, on any action taken to bring the service into compliance with those requirements. 7. Online platforms which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the accessibility requirements of this Regulation in so far as those standards or parts thereof cover those requirements. 8. Online platforms which are in conformity with the technical specifications or parts thereof adopted for the Directive (EU) 2019/882 shall be presumed to be in conformity with the accessibility requirements of this Regulation in so far as those technical specifications or parts thereof cover those requirements.
2021/07/08
Committee: IMCO
Amendment 1322 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Online platforms shall suspend, for a reasonable period of time and where proportionate after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestly illegal content.
2021/07/08
Committee: IMCO
Amendment 1338 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point d
(d) the intention of the recipient, individual, entity or complainant., including whether submissions were made in bad faith;
2021/07/08
Committee: IMCO
Amendment 1340 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point d a (new)
(da) whether a notice was submitted by an individual user or by an entity or persons with specific expertise related to the content in question;
2021/07/08
Committee: IMCO
Amendment 1344 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point d b (new)
(db) the manner of how notices have been submitted, including by automated means.
2021/07/08
Committee: IMCO
Amendment 1345 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 a (new)
3a. Suspensions referred to in paragraphs 1 and 2 may be declared permanent where (a) compelling reasons of law or public policy, including ongoing criminal investigations, justify avoiding or postponing notice to the recipient; (b) the items removed were components of high-volume campaigns to deceive users or manipulate platform content moderation efforts; or (c) the items removed were related to content covered by [Directive 2011/93/EU updated reference] or [Directive (EU) 2017/541 or Regulation (EU) 2021/784 of the European Parliament and of the Council.
2021/07/08
Committee: IMCO
Amendment 1348 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. Online platforms shall set out, in a clear and detailed manner, their policy in respect of the misuse referred to in paragraphs 1 and 2 in their terms and conditions, including as regardexamples as the facts and circumstances that they take into account when assessing whether certain behaviour constitutes misuse and the duration of the suspension.
2021/07/08
Committee: IMCO
Amendment 1355 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. Where an online platform becomes aware of anyexact information giving rise to a suspicion that a serious criminal offence involving an imminent threat to the life or safety of persons has taken place, is taking place or is likelyplanned to take place, it shall promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide al, upon their request, any additional relevant information available.
2021/07/08
Committee: IMCO
Amendment 1363 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 2 a (new)
2a. Unless instructed otherwise by the informed authority, the provider shall remove or disable the content. It shall store all content and related data for at least six months.
2021/07/08
Committee: IMCO
Amendment 1364 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 2 b (new)
2b. Information obtained by a law enforcement or judicial authority of a Member State in accordance with paragraph 1 shall not be used for any purpose other than those directly related to the individual serious criminal offence notified.
2021/07/08
Committee: IMCO
Amendment 1365 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 2 c (new)
2c. The Commission shall adopt an implementing act setting down a template for notifications under paragraph 1.
2021/07/08
Committee: IMCO
Amendment 1366 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 2 d (new)
2d. Where a notification of suspicions of criminal offences includes information which may be seen as potential electronic information in criminal proceedings, Regulation XXX [E-evidence] shall apply.
2021/07/08
Committee: IMCO
Amendment 1368 #

2020/0361(COD)

Proposal for a regulation
Article 22 – title
Traceability of traders on online Marketplaces
2021/07/08
Committee: IMCO
Amendment 1375 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with traders, itProviders of online marketplaces shall ensure that traders can only use itstheir services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of itstheir services for those purposes, the online platformmarketplace has obtained the following information from traders, where applicable:
2021/07/08
Committee: IMCO
Amendment 1385 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point c
(c) the bankpayment account details of the trader, where the trader is a natural person;
2021/07/08
Committee: IMCO
Amendment 1389 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point d
(d) the name, address, telephone number and electronic mail address of the economic operator, within the meaning of established in the Union and carrying out the tasks in accordance with Article 3(13) and Article 4 of Regulation (EU) 2019/1020 of the European Parliament and the Council51 or [Article XX of the General Product Safety Regulation] or any relevant act of Union law; __________________ 51Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
2021/07/08
Committee: IMCO
Amendment 1393 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point f
(f) a self-certification by the trader committing to only offer products or services that comply with the applicable rules of Union law to the best of their abilities.
2021/07/08
Committee: IMCO
Amendment 1400 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 a (new)
1a. Providers of online marketplaces shall require traders to provide the information referred to in points (a) and (e) immediately upon initial registration for its services. Traders shall be required to provide any supplementary material relating to the information requirements set out in Article 22(1) within a reasonable period, no later than before offering of products and services to consumer.
2021/07/08
Committee: IMCO
Amendment 1406 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. The online platformproviders of online marketplaces shall, upon receiving that information, make reasonablebest efforts to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliablaccurate through the use of any freely accessible official online database or online interface made available by an authorised administrator or a Member States or the Union or through direct requests to the trader to provide supporting documents from reliable sources.
2021/07/08
Committee: IMCO
Amendment 1416 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1
Where the online platform obtainsproviders of online marketplaces obtains sufficient indications that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate or incomplete, that platformmarketplace shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete, without delay or within the time period set by Union and national law.
2021/07/08
Committee: IMCO
Amendment 1419 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 2
Where the trader fails to correct or complete that information, the online platformmarketplace shall suspend the provision of its service to the trader in relations to the offering of products or services to consumers located in the Union until the request is fully complied with.
2021/07/08
Committee: IMCO
Amendment 1425 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 a (new)
3a. The providers of online marketplaces shall ensure that traders are given the ability to discuss any information viewed as inaccurate or incomplete directly with a trader before any suspension of services. This may take the form of the internal complaint- handling system under Article 17.
2021/07/08
Committee: IMCO
Amendment 1427 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 b (new)
3b. If an online marketplace rejects an application for services or suspends services to a trader, the trader shall have recourse to the systems under Article 17 and Article 43 of this Regulation.
2021/07/08
Committee: IMCO
Amendment 1429 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 c (new)
3c. Traders shall be solely liable for the accuracy of the information provided and shall inform without delay the online marketplace of any changes to the information provided.
2021/07/08
Committee: IMCO
Amendment 1432 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 4
4. The online platformmarketplace shall store the information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration of their contractual relationship with the trader concerned. They shall subsequently delete the information no later than six months after the final conclusion of a distance contract.
2021/07/08
Committee: IMCO
Amendment 1439 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 5
5. Without prejudice to paragraph 2, the platformonline marketplace shall only disclose the information to third parties where so required in accordance with the applicable law, including the orders referred to in Article 9 and any orders issued by Member States’ competent authorities or the Commission for the performance of their tasks under this Regulation.
2021/07/08
Committee: IMCO
Amendment 1448 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 7
7. The online platform shall design and organise its online interface in a way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable Union law.deleted
2021/07/08
Committee: IMCO
Amendment 1462 #

2020/0361(COD)

Proposal for a regulation
Article 22 a (new)
Article 22a Compliance by design 1. Providers of online marketplaces shall design and organise its online interface in a way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable Union law. 2. The online interface shall allow traders to provide at least the information necessary for the unequivocal identification of the products or the services offered, and, where applicable, the information concerning the labelling in compliance with rules of applicable Union law on product safety and product compliance. 3. This Article is without prejudice to additional requirements under other Union acts, including the [General Product Safety Regulation] and [Market Surveillance Regulation]
2021/07/08
Committee: IMCO
Amendment 1466 #

2020/0361(COD)

Proposal for a regulation
Article 22 b (new)
Article 22b Right to information 1. Where a provider of an online marketplace becomes aware, irrespective of the means used to, of the illegal nature of a product or service offered through its services, it shall inform, wherever possible, those recipients of the service that had acquired such product or contracted such service during the last six months about the illegality, the identity of the trader and any means of redress. 2. Where the provider of the online marketplace does not have the contact details of the recipients of the service referred to in paragraph 1, the provider shall make publicly available and easily accessible on their online interface the information concerning the illegal products or services removed, the identity of the trader and any means of redress.
2021/07/08
Committee: IMCO
Amendment 1479 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 4
4. The Commission mayshall adopt implementing acts to lay down templates concerning the form, content and other details of reports pursuant to paragraph 1.
2021/07/08
Committee: IMCO
Amendment 1480 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 4 a (new)
4a. Where published to the general public, the annual transparency reports referred to in paragraph 1 shall not include information that may prejudice ongoing activities for the prevention, detection, or removal of illegal content or content counter to a hosting provider’s terms and conditions.
2021/07/08
Committee: IMCO
Amendment 1494 #

2020/0361(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point c
(c) clear, meaningful and uniform information about the main parameters used to determine the recipient to whom the advertisement is displayed and the logic involved.
2021/07/08
Committee: IMCO
Amendment 1506 #

2020/0361(COD)

Proposal for a regulation
Article 24 – paragraph 1 a (new)
Without prejudice to other Union acts, online platforms that display user- generated content that may include sponsored information or other information equivalent to advertising, which is normally provided against remuneration, shall including in their terms and conditions an obligation for the recipients of their service to inform other recipients of when they have received remuneration or any other goods in kind for their content. A failure to inform the platform or other recipients shall constitute a violation of the provider’s terms and conditions.
2021/07/08
Committee: IMCO
Amendment 1537 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 1 a (new)
Such a methodology shall ensure the following in relations to active recipients: (1) automated interactions, accounts or data scans by a non-human (“bots”) are not included; (2) that the mere viewing of a service without purchase, logging in or otherwise active identification of a recipient shall not be seen as an active recipient; (3) that the number shall be based on each service individually; (4) that recipients connected on multiple devices are counted only once; (5) that indirect use of service, via a third party or linking, shall not be counted; (6) where an online platform is hosted by another provider of intermediary services, that the active recipients are assigned solely to the online platform closest to the recipient; (7) the average number is maintained for a period of at least six months.
2021/07/08
Committee: IMCO
Amendment 1556 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point a
(a) the dissemination of illegal content and content that is in breach of their terms and conditions through their services;,
2021/07/08
Committee: IMCO
Amendment 1565 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of any of the fundamental rights listed in the Charter, in particular on the fundamental rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively;
2021/07/08
Committee: IMCO
Amendment 1576 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point c
(c) intentional manipulation of their service and amplification of content that is in breach of their terms and conditions, including by means of inauthentic use, or automated exploitation of the service, with an actual or foreseeable negative effect on the protection of public health, minors, civic discourse, or actual or foreseeable effects related to electoral processes and public security.
2021/07/08
Committee: IMCO
Amendment 1590 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. When conducting risk assessments, very large online platforms shall take into account, in particular, how and whether their content moderation systems, recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions.
2021/07/08
Committee: IMCO
Amendment 1602 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – introductory part
1. Very large online platforms shall put in place reasonable, proportionate and effective mitigation measureseasures to mitigate the probability and severity of any, tailored to address the specific systemic risks identified pursuant to Article 26. Such measures may include, where applicable:
2021/07/08
Committee: IMCO
Amendment 1612 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point a
(a) adapting content moderation or recommender systems, their decision- making processes, design, the features or functioning of their services, or their terms and conditions;
2021/07/08
Committee: IMCO
Amendment 1613 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point b
(b) targeted measures aimed at limiting the display of and targeting of advertisements in association with the service they provide or the alternative placement and display of public service advertisements or other related factual information;
2021/07/08
Committee: IMCO
Amendment 1625 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 a (new)
1a. Very large online platforms shall, where appropriate, conduct their risk assessments referred in Article 26 and design their risk mitigation measures with the involvement of representatives of the recipients of the service, representatives of groups potentially impacted by their services, independent experts and civil society organisations. Where no such involvement is taken, this shall be made clear in the transparency report referred to in Article 33.
2021/07/08
Committee: IMCO
Amendment 1641 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1 a (new)
The reports of the Board shall include information both broken down per Member State in which the systemic risks occur and in the Union as a whole. The reports shall be published in all the official languages of the Member States of the Union.
2021/07/08
Committee: IMCO
Amendment 1649 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 3 a (new)
3a. The requirement to put in place mitigation measures shall not require an obligation to impose general monitoring or active fact-finding obligations.
2021/07/08
Committee: IMCO
Amendment 1653 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 1 – introductory part
1. Very large online platforms shall be subject, at their own expense and at least once a year, to independent audits to assess compliance with the following:
2021/07/08
Committee: IMCO
Amendment 1677 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 3 – point f a (new)
(fa) a description of specific elements that could not be audited, and an explanation of why these could not be audited;
2021/07/08
Committee: IMCO
Amendment 1679 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 3 – point f b (new)
(fb) where the audit opinion could not reach a conclusion for specific elements within the scope of the audit, a statement of reasons for the failure to reach such conclusion.
2021/07/08
Committee: IMCO
Amendment 1684 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 4 a (new)
4a. Where an audit report finds in accordance with paragraph 1 that total compliance or partial compliance with only minor issues has been found, the very large online platform may request from the Commission a waiver or delay to further auditing reports. When granted, the maximum delay shall be two years since the last auditing report.
2021/07/08
Committee: IMCO
Amendment 1685 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 4 b (new)
4b. Where an audit report contains information that could be misused in order to harm the security and privacy of receptions of the platform, the very large online platform may request from the Commission that such information is removed or summarised in any public version of the audit report. The Commission shall consider any such requests and may grant such a request if deemed merited.
2021/07/08
Committee: IMCO
Amendment 1691 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 1
1. Very large online platforms that use recommender systems shall set out in their terms and conditions and on a designated web page that can be directly reached and easily found from the very large online platforms’ online interface, in a clear, accessible and easily comprehensible manner for the general public, the main parameters used in their recommender systems, the optimisation goals of their recommender systems as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679.
2021/07/08
Committee: IMCO
Amendment 1695 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 a (new)
This duty is without prejudice to any trade secrets regarding the underlying algorithms. Very large online platforms are not required to disclose any information which could easily be used to manipulate search results to the detriment of customers and other end users.
2021/07/08
Committee: IMCO
Amendment 1710 #

2020/0361(COD)

Proposal for a regulation
Article 30 – title
Additional transparency for online advertising transparencyand "deep fakes" audiovisual media
2021/07/08
Committee: IMCO
Amendment 1725 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 – point c a (new)
(ca) the natural or legal person or group who paid for the advertisement;
2021/07/08
Committee: IMCO
Amendment 1740 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 a (new)
2a. The Board shall, after consulting with trusted flaggers and vetted researchers, publish guidelines on the structure and organisation of repositories created pursuant to paragraph 1.
2021/07/08
Committee: IMCO
Amendment 1743 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 b (new)
2b. Where a very large online platform becomes aware that a piece of content is a deep fake, the provider shall label the content in a way that informs that the content is inauthentic and that is clearly visible for the recipient of the services.
2021/07/08
Committee: IMCO
Amendment 1745 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 c (new)
2c. The very large online platform shall design and organise its online interface in such a way that recipients of the service can easily and efficiently exercise their rights under applicable Union law in relation to the processing of their data for each specific advertisement displayed to the data subject on the platform, in particular: (a) to withdraw consent or to object to processing; (b) to obtain access to the data concerning the data subject; (c) to obtain rectification of inaccurate data concerning the data subject; (d) to obtain erasure of data without undue delay. Where a recipient exercises any of these rights, the online platform must inform any parties to whom the personal data concerned in points (a) to (d) have been enclosed.
2021/07/08
Committee: IMCO
Amendment 1748 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 d (new)
2d. Where a recipient exercises any of the rights referred to points (a), (c) or(d) in paragraph 2c, the online platform must without undue delay cease displaying advertisements using the personal data concerned or using parameters which were set using this data.
2021/07/08
Committee: IMCO
Amendment 1749 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 e (new)
2e. Very large online platforms that display advertising on their online interfaces shall ensure that advertisers: (a) can request and obtain information on where their advertisements have been placed; (b) can request and obtain information on which broker treated their data;
2021/07/08
Committee: IMCO
Amendment 1761 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 4
4. In order to be vetted, researchers shall: (1) be affiliated with academic institutions, be independent from commercial interests, within the Union and the institutions certifies that the researcher is a researcher in good standing (2) be independent from commercial interests, including any very large online platforms (3) be independent from any government, administrative or other state bodies, outside the academic institution of affiliation if public, (4) have undergone an independent background and security investigation, subject to the national legislation of the Member State of residence. (5) be a resident of the Union; (6) have proven records of expertise in the fields related to the risks investigated or related research methodologies, and (7) shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request.
2021/07/08
Committee: IMCO
Amendment 1768 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 4 a (new)
4a. Where a very large online platform or a Digital Services Coordinator has grounds to believe that a researcher is acting outside the purpose of paragraph 2 or no longer respects the conditions of paragraph 4, access to data shall be withdrawn and the Digital Services Coordinator of establishment shall decide if and when access shall be restored and under what conditions.
2021/07/08
Committee: IMCO
Amendment 1787 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 7 a (new)
7a. Digital Service Coordinators and the Commission shall, once a year, report the following information: (a) the number of requests made to them as referred to in paragraphs 1 and 2; (b) the number of such requests that have been declined or withdrawn by the Digital Service Coordinator or the Commission and the reasons for which they have been declined or withdrawn, including following a request to the Digital Service Coordinator or the Commission from a very large online platform to amend a request as referred to in paragraphs 1 and 2.
2021/07/08
Committee: IMCO
Amendment 1799 #

2020/0361(COD)

Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1 a (new)
Such reports shall include content moderation information separated and presented for each Member State in which the services are offered and for the Union as a whole. The reports shall be published in at least one of the official languages of the Member States of the Union in which services are offered.
2021/07/08
Committee: IMCO
Amendment 1827 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point f a (new)
(fa) accessibility of elements and functions of online platforms and digital services for persons with disabilities aiming at consistency and coherence with existing harmonised accessibility requirements when these elements and functions are not already covered by existing harmonised European standards
2021/07/08
Committee: IMCO
Amendment 1840 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 2 a (new)
2a. Where any of the standards under paragraph 1 have not been adopted by [24 months of the entry into force of this regulation], the Commission may adopt a delegated act in accordance with Article 69 to set down rules, guidelines or a template for the harmonised application of the applicable articles. Once a standard has been established, the Commission shall cease work on or withdraw its delegated act if already adopted.
2021/07/08
Committee: IMCO
Amendment 1856 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission mayshall invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested parties, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
2021/07/08
Committee: IMCO
Amendment 1860 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 2 a (new)
2a. With the exception of actions under Article 27 (1e), providers of intermediary services shall not be required to subscribe to such codes of conduct other than on a voluntary basis and may withdraw its agreement at any time.
2021/07/08
Committee: IMCO
Amendment 1868 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 3
3. When giving effect to paragraphs 1 and 2, the Commission and the Board shall aim to ensure that the codes of conduct clearly set out their objectives, contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties, including citizens, at Union level. The Commission and the Board shall also aim to ensure that participants report regularly as needed to the Commission and their respective Digital Service Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain.
2021/07/08
Committee: IMCO
Amendment 1874 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 5
5. The Board shall regularly monitor and evaluate the achievement of the objectives of the codes of conduct, having regard to the key performance indicators that they may contain. In case of systematic and repetitive failure to comply with the Codes of Conduct, the Board shall as a measure of last resort take a decision to temporary suspend or definitely exclude platforms that do not meet their commitments as a signatory to the Codes of Conduct.
2021/07/08
Committee: IMCO
Amendment 1882 #

2020/0361(COD)

Proposal for a regulation
Article 36 – paragraph 1
1. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between, online platforms and other relevant service providers, such as providers of online advertising intermediary services or organisations representing recipients of the service and civil society organisations or relevant authorities to contribute to further transparency infor all actors in the online advertising value chain, beyond the requirements of Articles 24 and 30.
2021/07/08
Committee: IMCO
Amendment 1889 #

2020/0361(COD)

Proposal for a regulation
Article 36 – paragraph 3
3. The Commission shall encourage the development of the codes of conduct within one year following the date of application of this Regulation and their application no later than six months after that date. The Commission shall evaluate the application of those codes three years after the application of this Regulation.
2021/07/08
Committee: IMCO
Amendment 1892 #

2020/0361(COD)

Proposal for a regulation
Article 36 – paragraph 3 a (new)
3a. The Commission shall encourage all the actors in the online advertising eco-system to endorse and comply with the commitments stated in the codes of conduct.
2021/07/08
Committee: IMCO
Amendment 1918 #

2020/0361(COD)

Proposal for a regulation
Article 38 – paragraph 4 a (new)
4a. Member States shall ensure that the competent authorities have adequate financial and human resources, as well as legal and technical expertise to fulfil their tasks under this Regulation.
2021/07/08
Committee: IMCO
Amendment 1926 #

2020/0361(COD)

Proposal for a regulation
Article 40 – paragraph 1
1. The Member State in which the main establishment of the provider of intermediary services is located shall have jurisdiction for the purposes of Chapters III and IV of this Regulation and final jurisdiction as to disputes on orders issued under Article 8 and 9.
2021/07/08
Committee: IMCO
Amendment 1935 #

2020/0361(COD)

Proposal for a regulation
Article 40 – paragraph 3 a (new)
3a. Paragraph 3 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC and which are not very large online platforms. Such enterprises shall be deemed to be under the jurisdiction of the Member State where their point of contact resides or is established. Where no point of contract is established or resides in a Member State, paragraph 3 shall apply.
2021/07/08
Committee: IMCO
Amendment 1955 #

2020/0361(COD)

Proposal for a regulation
Article 41 – paragraph 6 a (new)
6a. The Commission shall publish guidelines by [six months after adoption] on the powers and procedures of the Digital Services Coordinators. Member States shall follow these guidelines or explain otherwise to the Commission.
2021/07/08
Committee: IMCO
Amendment 1962 #

2020/0361(COD)

Proposal for a regulation
Article 42 – paragraph 4 a (new)
4a. Member States shall ensure that administrative or judicial authorities issuing orders pursuant to Article 8 and 9 shall only issue penalties or fines in line with this Article.
2021/07/08
Committee: IMCO
Amendment 1963 #

2020/0361(COD)

Proposal for a regulation
Article 42 a (new)
Article 42a General conditions for imposing penalties 1. Before penalties are issued under Article 42, when deciding whether to impose a penalty and deciding on the amount of the penalty in each individual case due regard shall be given to the following: (a) the nature, gravity and duration of the infringement taking into account the nature scope or purpose of the processing concerned as well as the number of recipients affected and the level of damage suffered by them; (b) the intentional or negligent character of the infringement; (c) any action taken by the provider to mitigate the damage of the infringement; (d) the degree of responsibility of the provider taking into account any other providers involved; (e) any relevant previous infringements by the provider; (f) the degree of cooperation with the Digital Services Coordinator(s),in order to remedy the infringement and mitigate the possible adverse effects of the infringement; (g) the manner in which the infringement became known to the Member State; (h) where infringement have previously been ordered against the provider concerned with regard to the same subject-matter, compliance with those measures; (i) adherence to approved codes of conduct pursuant to Article35 and 36; and (k) any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement. 2. If a provider infringes several provisions of this Regulation, the total amount of the penalty shall not exceed the amount specified in Article 42 (3). 3. The exercise by a Member State of its powers under this Article and Article 42 shall be subject to appropriate procedural safeguards in accordance with Union and Member State law, including effective judicial remedy and due process.
2021/07/08
Committee: IMCO
Amendment 1987 #

2020/0361(COD)

Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2
Where the Board has reasons to suspect that a provider of intermediary services infringed this Regulation in a manner involving at least threefour Member States, it may recommend the Digital Services Coordinator of establishment to assess the matter and take the necessary investigatory and enforcement measures to ensure compliance with this Regulation.
2021/07/08
Committee: IMCO
Amendment 1993 #

2020/0361(COD)

Proposal for a regulation
Article 45 – paragraph 2 a (new)
2a. A request or recommendation pursuant to paragraph 1 shall be at the same time as it is communicated to the Digital Services Coordinator of establishment be transmitted to the Commission. Where the Commission believes that the request or recommendation is unmerited or where the Commission is currently taking action on the same substantial matter, the Commission can ask for the request or recommendation to be withdrawn.
2021/07/08
Committee: IMCO
Amendment 2017 #

2020/0361(COD)

Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 1
Digital Services Coordinators may participate in joint investigations, which may be coordinated with the support of the Board, with regard to matters covered by this Regulation, concerning providers of intermediary services operating in several Member States. Such joint investigations shall be under the supervision of Digital Services Coordinator of establishment of the provider under investigation,
2021/07/08
Committee: IMCO
Amendment 2030 #

2020/0361(COD)

Proposal for a regulation
Article 47 – paragraph 1
1. An independent advisory group of Digital Services Coordinators on the supervision of providers of intermediary services named ‘European Board for Digital Services’ (the ‘Board’) is established and shall have legal personality.
2021/07/08
Committee: IMCO
Amendment 2049 #

2020/0361(COD)

Proposal for a regulation
Article 48 – paragraph 1
1. The Board shall be composed of the Digital Services Coordinators, who shall be represented by high-level officials. Where provided for by national law, other competent authorities entrusted with specific operational responsibilities for the application and enforcement of this Regulation alongside the Digital Services Coordinator shallmay participate in the Board. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them. Member State has more than one representative present, solely the final word of the Digital Services Coordinator shall be taken as the position of the Member State in question.
2021/07/08
Committee: IMCO
Amendment 2054 #

2020/0361(COD)

Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 1 a (new)
Where a Member State has more than one representative present, solely the Digital Services Coordinator shall be able to vote.
2021/07/08
Committee: IMCO
Amendment 2067 #

2020/0361(COD)

Proposal for a regulation
Article 48 – paragraph 5 a (new)
5a. The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall make the results of the consultation procedure publicly available.
2021/07/08
Committee: IMCO
Amendment 2070 #

2020/0361(COD)

Proposal for a regulation
Article 48 – paragraph 6
6. The Board shall adopt its rules of procedure by a two-thirds majority of its members, following the consent of the Commission.
2021/07/08
Committee: IMCO
Amendment 2092 #

2020/0361(COD)

Proposal for a regulation
Article 49 a (new)
Article 49a Reports 1. The Board shall draw up an annual report regarding its actions. The report shall be made public and be transmitted to the European Parliament, to the Council and to the Commission in all official languages of the Member States. 2. The annual report shall include, among other information, a review of the practical application of the opinions, guidelines, recommendations advice and any other measures taken under Article 49(1).
2021/07/08
Committee: IMCO
Amendment 2093 #

2020/0361(COD)

Proposal for a regulation
Article 49 b (new)
Article 49b Confidentiality 1. The discussions of the Board shall be confidential where the Board deems it necessary, as provided for in its rules of procedure. 2. Access to documents submitted to members of the Board, experts and representatives of third parties shall be governed by Regulation (EC) No 1049/2001 of the European Parliament and of the Council.
2021/07/08
Committee: IMCO
Amendment 2140 #

2020/0361(COD)

Proposal for a regulation
Article 51 a (new)
Article 51a Requirements for the Commission 1. The Commission shall perform its tasks under this Regulation in an impartial, transparent and timely manner. The Commission shall ensure that its units given responsibility for this regulation have the adequate technical, financial and human resources to carry out their tasks. 2. When carrying out their tasks and exercising their powers in accordance with this Regulation, the Commission shall act with complete independence. They shall remain free from any external influence, whether direct or indirect, and shall neither seek nor take instructions from any other public authority or any private party.
2021/07/08
Committee: IMCO
Amendment 2145 #

2020/0361(COD)

Proposal for a regulation
Article 52 – paragraph 2
2. When sending a simple request for information to the very large online platform concerned or other person referred to in Article 52(1), the Commission shall state the legal basis and the purpose of the request, specify what information is required and set the time period within which the information is to be provided, and the penalties provided for in Article 59 for supplying incorrect or misleading information. The purpose shall include reasoning on why and how the information is necessary, proportionality to the purpose and cannot be received by other means.
2021/07/08
Committee: IMCO
Amendment 2150 #

2020/0361(COD)

Proposal for a regulation
Article 52 – paragraph 4
4. The owners of the very large online platform concerned or other person referred to in Article 52(1) or their representatives and, in the case of legal persons, companies or firms, or where they have no legal personality, the persons authorised to represent them by law or by their constitution shall supply the information requested on behalf of the very large online platform concerned or other person referred to in Article 52(1). Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shall remain fully responsible if the information supplied is incomplete, incorrect or misleading.
2021/07/08
Committee: IMCO
Amendment 2223 #

2020/0361(COD)

Proposal for a regulation
Article 59 – paragraph 4
4. In fixing the amount of the fine, the Commission shall have regard to the nature, gravity, duration and recurrence of the infringement, any fines issued under Article 42 and need to avoid double sanctioning the same infringement and, for fines imposed pursuant to paragraph 2, the delay caused to the proceedings.
2021/07/08
Committee: IMCO
Amendment 2282 #

2020/0361(COD)

Proposal for a regulation
Article 69 – paragraph 2
2. The delegation of power referred to in Articles 23, 25, 31 and 314 shall be conferred on the Commission for an indeterminate period of time from [date of expected adoption of the Regulation].
2021/07/08
Committee: IMCO
Amendment 2284 #

2020/0361(COD)

Proposal for a regulation
Article 69 – paragraph 3
3. The delegation of power referred to in Articles 23, 25, 31 and 314 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following that of its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2021/07/08
Committee: IMCO
Amendment 2292 #

2020/0361(COD)

Proposal for a regulation
Article 73 – paragraph 4 a (new)
4a. By three years from the date of application of this Regulation at the latest, the Commission shall carry out an assessment of any impact of the costs to European service providers of any similar requirements, including those of Article 11, introduced by third-party states and any new barriers to non-EU market access after the adoption of this Regulation. The Commission shall also access the impact on the ability of European businesses and consumers to access and buy products and services from outside the Union.
2021/07/08
Committee: IMCO
Amendment 2293 #

2020/0361(COD)

Proposal for a regulation
Article 74 – paragraph 1 a (new)
1a. Chapter III, section 4 shall apply from [date - 3 months after its entry into force].
2021/07/08
Committee: IMCO
Amendment 2294 #

2020/0361(COD)

Proposal for a regulation
Article 74 – paragraph 2
2. ItThis Regulation, with the exception of Chapter III section 4, shall apply from [date - threwelve months after its entry into force].
2021/07/08
Committee: IMCO
Amendment 95 #

2020/0359(COD)

Proposal for a directive
Recital 30
(30) Access to correct and timely information on vulnerabilities affecting ICT products and services contributes to an enhanced cybersecurity risk management. In that regard, sources of publicly available information on vulnerabilities are an important tool for entities and their users, but also national competent authorities and CSIRTs. For this reason, ENISA should establish a vulnerability registrydatabase where, essential and important entities and their suppliers, as well as entities which do not fall in the scope of application of this Directive may, on a voluntary basis, disclose vulnerabilities and provide the vulnerability information that allows users to take appropriate mitigating measures.
2021/06/03
Committee: IMCO
Amendment 171 #

2020/0359(COD)

Proposal for a directive
Article 6 – title
Coordinated vulnerability disclosure and a European vulnerability registrydatabase
2021/06/03
Committee: IMCO
Amendment 175 #

2020/0359(COD)

Proposal for a directive
Article 6 – paragraph 2
2. ENISA shall develop and maintain a European vulnerability registrydatabase. To that end, ENISA shall establish and maintain the appropriate information systems, policies and procedures as well as the appropriate disclosure policies with a view in particular to enabling important and essential entities and their suppliers of network and information systems to disclose and easily register vulnerabilities present in ICT products or ICT services, as well as to provide access to the relevant information on vulnerabilities contained in the registry to all interested parties. The registry, provided that such actions do not undermine the protection of confidentiality and trade secrets. The vulnerability database shall, in particular, include information describing the vulnerability, the affected ICT product or ICT services and the severity of the vulnerability in terms of the circumstances under which it may be exploited, the availability of related patches and, in the absence of available patches, guidance addressed to users of vulnerable products and services as to how the risks resulting from disclosed vulnerabilities may be mitigated.
2021/06/03
Committee: IMCO
Amendment 209 #

2020/0359(COD)

Proposal for a directive
Article 18 – paragraph 2 – point d
(d) measures for supply chain security risk assessment including on security- related aspects concerning the relationships between each entity and its suppliers or service providers such as providers of data storage and processing services or managed security services;
2021/06/03
Committee: IMCO
Amendment 210 #

2020/0359(COD)

Proposal for a directive
Article 18 – paragraph 2 – point f
(f) policies and procedures (testing and auditing) and regular cybersecurity exercises to assess the effectiveness of cybersecurity risk management measures;
2021/06/03
Committee: IMCO
Amendment 215 #

2020/0359(COD)

Proposal for a directive
Article 18 – paragraph 2 – point g a (new)
(ga) security training and awareness.
2021/06/03
Committee: IMCO
Amendment 220 #

2020/0359(COD)

Proposal for a directive
Article 18 – paragraph 6
6. The Commission, is empowered to adopt delegated actn cooperation with the Cooperation Group and ENISA, shall provide guidance and best practices ion accordance with Article 36 to supplement the elthe compliance by entities in a proportionate manner with the requirements, laid down in paragraph 2 to take account of new cyber threats, technological developments or sectorial specificitie, and in particular to the requirement in point (d) of that paragraph. In developing delegated acts, the Commission shall also consult all relevant stakeholders.
2021/06/03
Committee: IMCO
Amendment 225 #

2020/0359(COD)

Proposal for a directive
Article 20 – paragraph 1
1. Member States shall ensure that essential and important entities notify, without undue delay, the competent authorities or the CSIRT in accordance with paragraphs 3 and 4 of any incident having a significant impact on the provision of their services. Where appropriate, those entities shall notify, without undue delay, the recipients of their services of incidents that are likely to adversely affect the provision of that service. Member States shall ensure that those entities report, among others, any information enabling the competent authorities or the CSIRT to determine any cross-border impact of the incident. Member States shall establish a single entry point for all notifications required under this Directive and under other Union law, such as Regulation (EU) 2016/679 and Directive 2002/58/EC. ENISA, in cooperation with the Cooperation Group shall develop common notification templates for the reporting information requested by Union law.
2021/06/03
Committee: IMCO
Amendment 249 #

2020/0359(COD)

Proposal for a directive
Article 21 – paragraph 1
1. In order to demonstrate compliance with certain requirements of Article 18, Member States may requirafter having consulted the Cooperation Group, with the aim of ensuring harmonisation at Union level, shall encourage essential and important entities to certify certain ICT products, ICT services and ICT processes under specific, either developed by the essential or important entity or procured from third parties, under European cybersecurity certification schemes adopted pursuant to Article 49 of Regulation (EU) 2019/881. The products, services and processes subject to certification may be developed by an essential or important entity or procured from third parti or under similar internationally recognised certification schemes.
2021/06/03
Committee: IMCO
Amendment 252 #

2020/0359(COD)

Proposal for a directive
Article 21 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts specifyingregularly assess the efficiency and use of the adopted European cybersecurity certification schemes under Article 49 of Regulation (EU) 2019/881 and shall identify which categories of essential entities shall be requirencouraged to obtain a certificate and under which specific European cybersecurity certification schemes pursuant to paragraph 1. The delegated acts shall be adopted in accordance with Article 36.
2021/06/03
Committee: IMCO
Amendment 255 #

2020/0359(COD)

Proposal for a directive
Article 23 – title
Databases infrastructure of domain names and registration data
2021/06/03
Committee: IMCO
Amendment 258 #

2020/0359(COD)

Proposal for a directive
Article 23 – paragraph 1
1. For the purpose of contributing to the security, stability and resilience of the DNS, Member States shall ensure that TLD registries and the entities providing domain name registration services for the TLD shallare required to collect and maintain accurate, verified and complete domain name registration data in a dedicated database facility with due diligence subject to Union data protection law as regards data which are personal data.
2021/06/03
Committee: IMCO
Amendment 260 #

2020/0359(COD)

Proposal for a directive
Article 23 – paragraph 2
2. Member States shall ensure that the databases infrastructure of domain name registration data referred to in paragraph 1 contains relevant information, which shall include at least the registrants’ name, their physical and email address as well as their telephone number, to identify and contact the holders of the domain names and the points of contact administering the domain names under the TLDs.
2021/06/03
Committee: IMCO
Amendment 266 #

2020/0359(COD)

Proposal for a directive
Article 23 – paragraph 3
3. Member States shall ensure that the TLD registries and the entities providing domain name registration services for the TLD have policies and procedures in place to ensure that the databases infrastructure includes accurate, verified and complete information. Member States shall ensure that such policies and procedures are made publicly available.
2021/06/03
Committee: IMCO
Amendment 271 #

2020/0359(COD)

Proposal for a directive
Article 23 – paragraph 5
5. Member States shall ensure that the TLD registries and the entities providing domain name registration services for the TLD are required toprovide access to specific domain name registration data upon lawful and. including personal data, upon duly justified requests of legitimate access seekers, in compliance with Union data protection law. Member States shall ensure that the TLD registries and the entities providing domain name registration services for the TLD reply without undue delay and in any event within 72 hours to all requests for access. Member States shall ensure that policies and procedures to disclose such data are made publicly available.
2021/06/03
Committee: IMCO
Amendment 278 #

2020/0359(COD)

Proposal for a directive
Article 26 – paragraph 3
3. Member States shall set out rulguidelines specifying the procedure, operational elements (including the use of dedicated ICT platforms), content and conditions of the information sharing arrangements referred to in paragraph 2. Such rulguidelines shall also lay downinclude the details of the involvement, where relevant, of public authorities and independent experts in such arrangements, as well as operational elements, including the use of dedicated IT platforms. Member States shall offer support to the application of such arrangements in accordance with their policies referred to in Article 5(2) (g).
2021/06/03
Committee: IMCO
Amendment 287 #

2020/0359(COD)

Proposal for a directive
Article 29 – paragraph 3
3. Where exercising their powers under points (e) to (g) of paragraph 2, the competent authorities shall state the purpose of the request and, specify the information requested and shall limit their requests to the scope of the incident or issue of concern.
2021/06/03
Committee: IMCO
Amendment 291 #

2020/0359(COD)

Proposal for a directive
Article 30 – paragraph 3
3. Where exercising their powers pursuant to points (d) or (e) of paragraph 2, the competent authorities shall state the purpose of the request and, specify the information requested and shall limit their requests to the scope of the incident or issue of concern.
2021/06/03
Committee: IMCO
Amendment 292 #

2020/0359(COD)

Proposal for a directive
Article 31 – paragraph 4
4. Member States shall ensure that infringements of the obligations laid down in Article 18 or Article 20 shall, in accordance with paragraphs 2 and 3 of this Article, be subject to administrative fines of a maximum of at least 10 000 000 EUR or up to 2% of the total worldwide annual turnover of the undertaking to which the essential or important entity belongs in the preceding financial year, whichever is higher.
2021/06/03
Committee: IMCO
Amendment 113 #

2020/0340(COD)

Proposal for a regulation
Recital 2
(2) Over the last few years, digital technologies have transformed the economy and society, affecting all sectors of activity and daily life. Data is at the centre of this transformation: data-driven innovation will bring enormous benefits for citizens, for example through improved personalised medicine, new mobility, and its contribution to the European Green Deal23 . The data economy has to be built in a way to enable companies, especially micro, small and medium sized enterprises (SMEs) to thrive, ensuring data access neutrality, portability and interoperability. In its Data Strategy24 , the Commission described the vision of a common European data space, a Single Market for data in which data could be used irrespective of its physical location of storage in the Union in compliance with applicable law, which can be pivotal for the rapid development of Artificial Intelligence technologies. It also called for the free and safe flow of data with third countries, subject to exceptions and restrictions for public security, public order and other legitimate public policy objectives of the European Union, in line with international obligations. In order to turn that vision into reality, it proposes to establish domain- specific common European data spaces, as the concrete arrangements in which data sharing and data pooling can happen. As foreseen in that strategy, such common European data spaces can cover areas such as health, mobility, manufacturing, financial services, energy, or agriculture or thematic areas, such as the European green deal or European data spaces for public administration or skills. _________________ 23Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions on the European Green Deal. Brussels, 11.12.2019. (COM(2019) 640 final) 24 COM (2020) 66 final.
2021/04/28
Committee: ITRE
Amendment 130 #

2020/0340(COD)

Proposal for a regulation
Recital 4
(4) Action at Union level is necessary in order to address the barriers to a well- functioning data-driven economy and to create a. A Union-wide governance framework for data accessshould have the objective of building trust among individuals and companies for data access, control, sharing, use and re-use, in particular regarding the re-use of certain types of data held by the public sector, the provision of services by data sharing providers to business users and to data subjects, as well as the collection and processing of data made available for altruistic purposes by natural and legal persons.
2021/04/28
Committee: ITRE
Amendment 147 #

2020/0340(COD)

Proposal for a regulation
Recital 10
(10) Prohibited exclusive agreements and other practices or arrangements between data holders and data re-userpertaining to the re-use of data held by public sector bodies which do not expressly grant exclusive rights but which can reasonably be expected to restrict the availability of data for re-use that have been concluded or have been already in place before the entry into force of this Regulation should not be renewed after the expiration of their term. In the case of indefinite or longer-term agreements, they should be terminated within three years from the date of entry into force of this Regulation.
2021/04/28
Committee: ITRE
Amendment 153 #

2020/0340(COD)

Proposal for a regulation
Recital 11
(11) Conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re- use, and which should be without prejudice to rights or obligations concerning access to such data, should be laid down. Those conditions should be non-discriminatory, proportionate and, objectively justified, while not restricting and in line with competition law. In particular, public sector bodies allowing re- use should have in place the technical means necessary to ensure the protection of rights and interests of third parties. Conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. Public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate effort for the public sector. Depending on the case at hand, before its transmission, personal data should be fully anonymised, so as to definitively not allow the identification of the data subjects, or data containing commercially confidential information modified in such a way that no confidential information is disclosed. Where provision of anonymised or modified data would not respond to the needs of the re-user, on- premise or remote re-use of the data within a secure processing environment could be permitted. Data analyses in such secure processing environments should be supervised by the public sector body, so as to protect the rights and interests of others. In particular, personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. The public sector body could make the use of such secure processing environment conditional on the signature by the re-user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re-user may have acquired despite the safeguards put in place. The public sector bodies, where relevant, should facilitate the re-use of data on the basis of consent of data subjects or permissions of legal persons on the re-use of data pertaining to them through adequate technical means. In this respect, the public sector body should support potential re-users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users, where practically feasible. No contact information should be given that allows re-users to contact data subjects or companies directly.
2021/04/28
Committee: ITRE
Amendment 180 #

2020/0340(COD)

Proposal for a regulation
Recital 19
(19) In order to build trust in re-use mechanisms, it may be necessary to attach stricter conditions for certain types of non- personal data that have been identified as highly sensitive by a specific Union act, as regards the transfer to third countries, if such transfer could jeopardise public policy objectives, in line with international commitments. For example, in the health domain, certain datasets held by actors in the public health system, such as public hospitals, could be identified as highly sensitive health data. In order to ensure harmonised practices across the Union, such types of highly sensitive non-personal public data should be defined by Union law, for example in the context of the European Health Data Space or other sectoral legislation. The conditions attached to the transfer of such data to third countries should be laid down in delegated acts. Conditions should be proportionate, non-discriminatory and necessary to protect legitimate public policy objectives identified, such as the protection of public health, public order, safety, the environment, public morals, consumer protection, privacy and personal data protection. The conditions should correspond to the risks identified in relation to the sensitivity of such data, including in terms of the risk of the re- identification of individuals. These conditions could include terms applicable for the transfer or technical arrangements, such as the requirement of using a secure processing environment, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or who can access the data in the third country. In exceptional cases they could also include restrictions on transfer of the data to third countries to protect the public interest.
2021/04/28
Committee: ITRE
Amendment 184 #

2020/0340(COD)

Proposal for a regulation
Recital 20
(20) Public sector bodies should be able to charge fees for the re-use of data but. Such fees should be reasonable, transparent, published online and non-discriminatory. Public sector bodies should also be able to decide to make the data available at lower or no cost, for example for certain categories of re-uses such as non- commercial re-use, or re-use by micro, small and medium-sized enterprises, so as to incentivise such re-use in order to stimulate research and innovation and support companies that are an important source of innovation and typically find it more difficult to collect relevant data themselves, in line with State aid rules. Such fees should be reasonable, transparent, published online and non- discriminatory. The list of categories of re- users for which discounted or no fees apply should be made public together with the criteria used to establish such list, in line with State aid rules and competition law.
2021/04/28
Committee: ITRE
Amendment 200 #

2020/0340(COD)

Proposal for a regulation
Recital 24
(24) Data cooperatives seek to strengthen the position of individuals in making informed choices before consenting to data use, influencing the terms and conditions of data user organisations attached to data use or potentially solving disputes between members of a group on how data can be used when such data pertain to several data subjects within that group. In this context it is important to acknowledge that the rights under Regulation (EU) 2016/679 can only be exercised by each individual and cannot be conferred or delegated to a data cooperative. Data cooperatives could also provide a useful means for one-person companies, micro, small and medium-sized enterprises that in terms of knowledge of data sharing, are often comparable to individuals. Upon request and informed consent of their associated members, cooperatives - which detain the data of their members for the realisation of their economic, social and cultural purposes - should be identifiable as "data cooperatives".
2021/04/28
Committee: ITRE
Amendment 205 #

2020/0340(COD)

Proposal for a regulation
Recital 25
(25) In order to increase trust in such data sharing services, in particular related to the use of data and the compliance with the conditions imposed by data holders, it is necessary to create a Union-level regulatory framework, which would set out highly harmonised requirements related to the trustworthy provision of such data sharing services. This will contribute to ensuring that data holders and data users have better control over the access to and use of their data, in accordance with Union law. Both in situations where data sharing occurs in a business-to-business context and where it occurs in a business-to- consumer context, data sharing providers should offer a novel, ‘European’ way of data governance, by providing a separation in the data economy between data provision, intermediation and use, which is at the core of increasing such trust among data holders, be they individuals or companies. Providers of data sharing services may also make available specific technical infrastructure for the interconnection of data holders and data users.
2021/04/28
Committee: ITRE
Amendment 238 #

2020/0340(COD)

Proposal for a regulation
Recital 37
(37) This Regulation is without prejudice to the establishment, organisation and functioning of entities that seek to engage in data altruism pursuant to national law. It builds on national law requirements to operate lawfully in a Member State as a not-for-profit organisation. Entities which meet the requirements in this Regulation should be able to use the title of ‘Data Altruism Organisations recognised in the Union’. The entity should use a EU dedicated logo or QR code linking to the European register of recognised data altruism organisations, both online and offline. The logo shall have the objective of providing a coherent visual identity to European Union data altruism organisations and contribute to increase trust for data subjects and legal entities. The logo must be created and displayed with rules established in a separate implementing act.
2021/04/28
Committee: ITRE
Amendment 250 #

2020/0340(COD)

Proposal for a regulation
Recital 40
(40) In order to successfully implement the data governance framework, a European Data Innovation Board should be established, in the form of an expert group. The Board should consist of representatives of the Member States, the Commission and representatives of relevant data spaces and specific sectors (such as health, agriculture, transport and statistics), the EU SME Envoy or a representative appointed by the network of SME envoys and representatives of relevant Agencies. The European Data Protection Board should be invited to appoint a representative to the European Data Innovation Board. Representatives of national, trans-national or Common European data spaces, businesses, researchers and civil society should be invited regularly to participate in the work of the Board. The Board should meet in different configurations, depending on the subjects to be discussed.
2021/04/28
Committee: ITRE
Amendment 298 #

2020/0340(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
(2 a) ‘personal data’ means any information relating to a data subject as defined in point (1) of Article 4 of Regulation (EU) 2016/679;
2021/04/28
Committee: ITRE
Amendment 299 #

2020/0340(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
(2 b) 'data subject' means an identified or identifiable natural person as referred to in point (1) of Article 4 of Regulation (EU) 2016/679;
2021/04/28
Committee: ITRE
Amendment 329 #

2020/0340(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
(10 a) 'data cooperative' means an organisation supporting its members, who are data subjects or one-person companies, micro, small and medium- sized enterprises, in making informed choices before consenting to data processing, or in negotiating terms and conditions for data processing and data sharing;
2021/04/28
Committee: ITRE
Amendment 331 #

2020/0340(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10 b (new)
(10 b) 'purposes of general interest' means purposes established by national law and national competent authorities including and not limited to healthcare, official statistics, improving the provision of public services, supporting research;
2021/04/28
Committee: ITRE
Amendment 361 #

2020/0340(COD)

Proposal for a regulation
Article 5 – paragraph 1
(1) Public sector bodies which are (1) competent under national law to grant or refuse access for the re-use of one or more of the categories of data referred to in Article 3 (1) shall make publicly available the conditions for allowing such re-use and the procedure to request the re-use. In that task, they may be assisted by the competent bodies referred to in Article 7 (1).
2021/04/28
Committee: ITRE
Amendment 366 #

2020/0340(COD)

Proposal for a regulation
Article 5 – paragraph 2
(2) Conditions for re-use shall be non- discriminatory, proportionate and objectively justified with regard to categories of data and purposes of re-use and the nature of the data for which re-use is allowed. These conditions shall not be used to restrictbe in line with competition law.
2021/04/28
Committee: ITRE
Amendment 370 #

2020/0340(COD)

Proposal for a regulation
Article 5 – paragraph 3
(3) Public sector bodies may impose an obligation to re-use only pre-viously processed data where such pre-processing, performed by the public sector itself, aims to anonymize or pseudonymise personal data or delete commercially confidential information, including trade secrets. or content protected by Intellectual Property Rights;
2021/04/28
Committee: ITRE
Amendment 386 #

2020/0340(COD)

Proposal for a regulation
Article 5 – paragraph 5
(5) The public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used, including high level cybersecurity standards. The public sector body shall be able to verify any results of processing of data undertaken by the re- user and reserve the right to prohibit the use of results that contain information jeopardising the rights and interests of third parties.
2021/04/28
Committee: ITRE
Amendment 398 #

2020/0340(COD)

Proposal for a regulation
Article 5 – paragraph 9 – introductory part
(9) TWhen justified by the volume of cases concerning the re-use of data in specific third countries, the Commission may adopt implementing acts declaring that the legal, supervisory and enforcement arrangements of a third country:
2021/04/28
Committee: ITRE
Amendment 410 #

2020/0340(COD)

Proposal for a regulation
Article 5 – paragraph 11
(11) Where specific Union acts adopted in accordance with a legislative procedure establish that certain non-personal data categories held by public sector bodies shall be deemed to be highly sensitive for the purposes of this Article, the Commission shall be empowered to adopt delegated acts in accordance with Article 28 supplementing this Regulation by laying down special conditions applicable for transfers to third-countries. The conditions for the transfer to third-countries shall be based on the nature of data categories identified in the Union act and on the grounds for deeming them highly sensitive, non-discriminatory and limited to what is necessary to achieve the public policy objectives identified in the Union law act, such as safety and public health, as well as risks of re-identification of anonymized data for data subjects, in accordance with the Union’s international obligations. They may include terms applicable for the transfer or technical arrangements in this regard, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or, in exceptional cases, restrictions as regards transfers to third- countriesshall be non-discriminatory, proportionate and limited to what is necessary to achieve the public policy objectives identified in the Union law act.
2021/04/28
Committee: ITRE
Amendment 417 #

2020/0340(COD)

Proposal for a regulation
Article 5 – paragraph 13
(13) Where the re-user intends to transfer non-personal data to a third country, the public sector body shall inform the data holder about the transfer of data to that third country and the purpose of such transfer.
2021/04/28
Committee: ITRE
Amendment 422 #

2020/0340(COD)

Proposal for a regulation
Article 6 – paragraph 2
(2) Any fees shall be non- discriminatory, proportionate and objectively justified and shall not restrictbe in line with competition law.
2021/04/28
Committee: ITRE
Amendment 429 #

2020/0340(COD)

Proposal for a regulation
Article 6 – paragraph 4
(4) Where they apply fees, public sector bodies shall take measures to incentivise the re-use of the categories of data referred to in Article 3 (1) for non- commercial purposes and bythe re-use by micro and small and medium-sized enterprises in line with State aid rules.
2021/04/28
Committee: ITRE
Amendment 430 #

2020/0340(COD)

Proposal for a regulation
Article 6 – paragraph 4 a (new)
(4 a) Public sector bodies may set up a list of categories of re-users for which data is made available at reduced or no cost, which shall be published together with the criteria used to establish such list and which shall have the objective to foster a wider re-use of the categories of data referred to in Article 3(1) and accessibility by a wider range of re-users, in line with State aid rules and competition law;
2021/04/28
Committee: ITRE
Amendment 437 #

2020/0340(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point b
(b) providing technical support in the application of tested techniques ensuring data processing in a manner that preserves privacy of the information contained in the data for which re-use is allowed, including techniques for pseudonymisation, anonymisation, generalisation, suppression and randomisation of personal data and the deletion of commercially confidential information, including trade secrets or content protected by Intellectual Property Rights;
2021/04/28
Committee: ITRE
Amendment 456 #

2020/0340(COD)

Proposal for a regulation
Article 8 – paragraph 3
(3) Requests for the re-use of the categories of data referred to in Article 3 (1) shall be granted or refused by the competent public sector bodies or the competent bodies referred to in Article 7 (1) within a reasonable timethe shortest delay, and in any case within two months from the date of the request.
2021/04/28
Committee: ITRE
Amendment 462 #

2020/0340(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point c
(c) services of data cooperatives, that is to say services supporting data subjects or one-person companies or micro, small and medium-sized enterprises, who are members of the cooperative or who confer the power to the cooperative to negotiate terms and conditions for data processing before they consent, in making informed choices before consenting to data processing, and allowing for mechanisms to exchange views on data processing purposes and conditions that would best represent the interests of data subjects or legal persons.
2021/04/28
Committee: ITRE
Amendment 477 #

2020/0340(COD)

Proposal for a regulation
Article 10 – paragraph 4
(4) Upon notification, the provider of data sharing services may start the activity subject to the conditions laid down in this Chapter.deleted
2021/04/28
Committee: ITRE
Amendment 486 #

2020/0340(COD)

Proposal for a regulation
Article 10 – paragraph 7
(7) At the request of the provider, tThe competent authority shall, within one week, issue a standardised declaration, confirming that the provider has submitted the notification referred to in paragraph 4 and that the notification meets fully the requirements outlined in paragraph 6.
2021/04/28
Committee: ITRE
Amendment 487 #

2020/0340(COD)

Proposal for a regulation
Article 10 – paragraph 7 a (new)
(7 a) Upon reception of the standardised declaration, the provider of data sharing services may start the activity subject to the conditions laid down in this Chapter.
2021/04/28
Committee: ITRE
Amendment 503 #

2020/0340(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 2
(2) the metadata collected from the provision of the data sharing service may be used only for the development of that service and should be made available to the data holders upon request;
2021/04/28
Committee: ITRE
Amendment 512 #

2020/0340(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 5
(5) the provider shall have procedures in place to prevent and monitor potential fraudulent or abusive practices in relation to access to data from parties seeking access through their services;
2021/04/28
Committee: ITRE
Amendment 514 #

2020/0340(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 6
(6) the provider shall ensure a reasonable continuity of provision of its services and, in the case of services which ensure storage of data, shall have sufficient guarantees in place that allow data holders and data users to obtain access to and to retrieve their data in case of insolvency of the provider;
2021/04/28
Committee: ITRE
Amendment 521 #

2020/0340(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 8
(8) the provider shall take measures to ensure a high level of security, including cybersecurity standards, for the storage and transmission of non-personal data;
2021/04/28
Committee: ITRE
Amendment 536 #

2020/0340(COD)

Proposal for a regulation
Article 12 – paragraph 3
(3) The designated competent authorities, the data protection authorities, the national competition authorities, the authorities in charge of cybersecurity, and other relevant sectorial authorities shall build up a strong cooperation and exchange the information which is necessary for the exercise of their tasks in relation to data sharing providers.
2021/04/28
Committee: ITRE
Amendment 539 #

2020/0340(COD)

Proposal for a regulation
Article 13 – paragraph 3
(3) Where the competent authority finds that a provider of data sharing services does not comply with one or more of the requirements laid down in Article 10 or 11, it shall notify that provider of those findings and give it the opportunity to state its views, within a reasonable time limitthe shortest delay.
2021/04/28
Committee: ITRE
Amendment 564 #

2020/0340(COD)

Proposal for a regulation
Article 15 – paragraph 3
(3) An entity registered in the register in accordance with Article 16 may refer to itself as a ‘data altruism organisation recognised in the Union’ in its written and spoken communication. The entity shall use a EU dedicated logo or QR code linking to the European register of recognised data altruism organisations, both online and offline. The logo shall have the objective of providing a coherent visual identity to European Union data altruism organisations and contribute to increase trust for data subjects and legal entities. The logo must be created and displayed with rules established in a separate implementing act in accordance with the procedure referred to in Article 29.
2021/04/28
Committee: ITRE
Amendment 594 #

2020/0340(COD)

Proposal for a regulation
Article 17 – paragraph 6
(6) The information referred to in paragraph 4, points (a), (b), (f), (g), and (h) shall be published in the national public register of recognised data altruism organisations.
2021/04/28
Committee: ITRE
Amendment 597 #

2020/0340(COD)

Proposal for a regulation
Article 17 – paragraph 7
(7) Any entity entered in the public register of recognised data altruism organisations shall submit any changes of the information provided pursuant to paragraph 4 to the competent authority within 14 calendar days from the day on which the change takes place.
2021/04/28
Committee: ITRE
Amendment 607 #

2020/0340(COD)

Proposal for a regulation
Article 19 – paragraph 1 – introductory part
(1) Any entity entered in the register of recognised data altruism organisations shall inform data holderssubjects and legal entities in a clear and easy-to-understand manner:
2021/04/28
Committee: ITRE
Amendment 612 #

2020/0340(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point a
(a) about the purposes of general interest for which it permits the processing of their data by a data user in an easy-to- understand manner;
2021/04/28
Committee: ITRE
Amendment 615 #

2020/0340(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point b
(b) about any processingthe purposes of general interest for which it permits any processing of their data by a data user outside the Union.
2021/04/28
Committee: ITRE
Amendment 670 #

2020/0340(COD)

Proposal for a regulation
Article 26 – paragraph 1
(1) The Commission shall establish a European Data Innovation Board (“the Board”) in the form of an Expert Group, consisting of the representatives of competent authorities of all the Member States, the European Data Protection Board, the Commission, relevant data spacethe EU SME Envoy or a representative appointed by the network of SME envoys and other representatives of relevant Agencies or competent authorities in specific sectors.
2021/04/28
Committee: ITRE
Amendment 677 #

2020/0340(COD)

Proposal for a regulation
Article 26 – paragraph 2
(2) Stakeholders and relevant third parties may, including representatives of national, trans-national or Common European data spaces, businesses, researchers, civil society shall be invited regularly to attend meetings of the Board and to participate in its work.
2021/04/28
Committee: ITRE
Amendment 684 #

2020/0340(COD)

Proposal for a regulation
Article 26 – paragraph 3
(3) The Commission shall chair the meetings of the Board which may be conducted in different configurations, depending on the subjects to be discussed.
2021/04/28
Committee: ITRE
Amendment 692 #

2020/0340(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point b
(b) to advise and assist the Commission in developing a consistent practice of the competent authorities in the application of requirements applicable to data sharing providers and data altruism organisations;
2021/04/28
Committee: ITRE
Amendment 699 #

2020/0340(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point d
(d) to assist the Commission in addressing fragmentation of the data economy in the single market by enhancing the interoperability of data as well as data sharing services between different sectors and domains, building on existing European, international or national standards, inter alia with the aim of encouraging the creation of Common European data spaces;
2021/04/28
Committee: ITRE
Amendment 703 #

2020/0340(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point d a (new)
(d a) To advise the Member States and the Commission on the possibility to set harmonised conditions allowing for re- use of data referred to in Article 3 (1) held by public sector bodies across the single market;
2021/04/28
Committee: ITRE
Amendment 713 #

2020/0340(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point e a (new)
(e a) to advise the Commission in the decision of adopting implementing acts referred to in article 5 (9);
2021/04/28
Committee: ITRE
Amendment 714 #

2020/0340(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point e b (new)
(e b) to assist the Commission in the discussions conducted at bilateral, plurilateral or multilateral level with third countries aimed at improving the regulatory environment for non-personal data, including standardisation, at global level;
2021/04/28
Committee: ITRE
Amendment 737 #

2020/0340(COD)

Proposal for a regulation
Article 32 – paragraph 1
By [fourtwo years after the data of application of this Regulation], the Commission shall carry out an evaluation of this Regulation, and submit a report on its main findings to the European Parliament and to the Council as well as to the European Economic and Social Committee. Member States shall provide the Commission with the information necessary for the preparation of that report.
2021/04/28
Committee: ITRE
Amendment 225 #

2020/0310(COD)

Proposal for a directive
Recital 16
(16) In full respect of Article 153(5) of the Treaty on the Functioning of the European Union, this Directive neither aims to harmonise the level of minimum wages across the Union nor to establish an uniform mechanism for setting minimum wages. It does not interfere with the freedom of Member States to set statutory minimum wages or promote access to minimum wage protection provided by collective agreements, according to the traditions and specificities of each country and in full respect of national competences and social partners’ contractual freedom. This Directive does not impose an obligation on the Member States where minimum wage protection is ensured exclusively via collective agreements to introduce a statutory minimum wage nor to make the collective agreements universally applicable. Also, this Directive does not establish the level of pay, which falls within the contractual freedom of the social partners at national level and within the relevant competence of Member States. The purpose of this Directive is not to impose any obligation for Member States to take measures demanding the introduction of statutory minimum wages or measures implying that the social partners have an equivalent obligation. This Directive does not oblige Member States to grant access to minimum wage protection to all workers. Such an obligation would directly interfere with Article 153(5) of the Treaty on the Functioning of the European Union. Nothing in this Directive should be construed as creating rights for individuals.
2021/05/18
Committee: EMPL
Amendment 389 #

2020/0310(COD)

Proposal for a directive
Article 1 – paragraph 1 – introductory part
1. With a view to improving working and living conditions in the Union, this Directive establishes a framework for the promotion of:
2021/05/18
Committee: EMPL
Amendment 445 #

2020/0310(COD)

Proposal for a directive
Article 3 – paragraph 1 – introductory part
For the purposes of this Directive, the following definitions apply while respecting Member States national law and legal labour market practice:
2021/05/18
Committee: EMPL
Amendment 573 #

2020/0310(COD)

Proposal for a directive
Article 5 – paragraph 2 – introductory part
2. The national criteria referred to in paragraph 1 shall include at least the following elementwhose relevance and relative weight shall be decided by Member States in accordance with their prevailing national socio-economic conditions:
2021/05/18
Committee: EMPL