BETA

3363 Amendments of Kosma ZŁOTOWSKI

Amendment 3 #

2023/2120(INI)

Motion for a resolution
Recital F
F. whereas in 2022, the greater partvast majority of the inquiries concerned the Commission (197 inquiries or 57.1 %), while the next largest numbers concerned the European Personnel Selection Office (22 inquiries or 6.3 %), Parliament (19 inquiries or 5.5 %), and the European External Action Service (16 inquiries or 4.6 %); whereas the remaining inquiries were distributed as follows: the European Border and Coast Guard Agency (Frontex) (14 inquiries or 4.3 %), the European Union Aviation Safety Agency (7 inquiries or 2 %), other EU institutions or bodies (46 inquiries or 13.5 %), and other EU agencies (23 inquiries or 6.7 %);
2023/11/16
Committee: PETI
Amendment 12 #

2023/2120(INI)

Motion for a resolution
Recital K a (new)
Ka. whereas the Ombudsman found maladministration in how the Commission handled the issue of text messages between the Commission President and the CEO of a pharmaceutical company;
2023/11/16
Committee: PETI
Amendment 15 #

2023/2120(INI)

Motion for a resolution
Recital K b (new)
Kb. whereas in 2022 the Ombudsman processed almost 1500 complaints that did not fall within her mandate such as those related to the humanitarian crisis in Ukraine following Russia’s invasion;
2023/11/16
Committee: PETI
Amendment 18 #

2023/2120(INI)

Motion for a resolution
Recital K c (new)
Kc. whereas the Ombudsman has strongly criticised the EU’s response to the Qatargate corruption scandal in the European Parliament;
2023/11/16
Committee: PETI
Amendment 35 #

2023/2120(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Welcomes the continuous efforts of the Ombudsman to improve lobbying transparency and ethics, in particular strengthening the Code of Conduct for Commissioners, public record of meetings between Commissioners with lobbyists and proactive publication of Commissioners’ travel expenses;
2023/11/16
Committee: PETI
Amendment 36 #

2023/2120(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Underlines that Qatargate shed a new light on the lobbying and policymaking in the EU; welcomes Ombudsman’s critical assessment of the scandal and poor EU’s response to it;
2023/11/16
Committee: PETI
Amendment 40 #

2023/2120(INI)

Motion for a resolution
Paragraph 10
10. Welcomes the publication by the Organisation for Economic Cooperation and Development, in collaboration with the European Ombudsman’s Office, of the policy paper entitled ‘Towards good practice principles for government transparency in the use of recovery funds’, which provides guidance to governments on ensuring transparency and accountability in the use of COVID-19 recovery funds; welcomes in this regard the Ombudsman’s efforts to improve the transparency standards in terms of the Recovery and Resilience Facility (RRF);
2023/11/16
Committee: PETI
Amendment 48 #

2023/2120(INI)

Motion for a resolution
Paragraph 13
13. NotAcknowledges the Ombudsman’s work in issuing practical recommendations for the EU administration on the recording of work-related text and inquiry on the text messages between the Commission President and the CEO of a pharmaceutical company; welcomes the Ombudsman’s recommendations to combat similar cases of maladministant messagesration and stresses the importance for the EU institutions of following these recommendations in order to bring the practices of the EU administration into line with modern communication methods; welcomes the Commission’s response that it will issue further guidance on modern communication tools such as text messagesunderlines the particular importance of recognising that work-related text and instant messages are ‘documents’ within the meaning of Regulation 1049/2001 on public access to documents and respecting this principle;
2023/11/16
Committee: PETI
Amendment 57 #

2023/2120(INI)

Motion for a resolution
Paragraph 20
20. Encourages the Ombudsman to continue the exchanges on experiences and best practices with national ombudsmen through the European Network of Ombudsmen (ENO); appreciates that the 2022 ENO annual conference focused on best practices for helping refugees, in particular in the context of the Russia’s invasion of Ukraine, and addressed the effects of the digitalisation of public services on citizens’ rights; commends the addition of the Ukrainian and Moldovan ombudsman’s offices to the ENO;
2023/11/16
Committee: PETI
Amendment 58 #

2023/2120(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Welcomes continuous efforts of the Ombudsman to further improve visibility of its activities, including via online tools, including the multilingual website offering assistance in all 24 official languages of the EU;
2023/11/16
Committee: PETI
Amendment 60 #

2023/2120(INI)

Motion for a resolution
Paragraph 21
21. Encourages the fruitful dialogue between the Ombudsman and the Committee on Petitions of the European Parliament; underlines that the intensive collaboration between these two bodies helps to increase the democratic accountability of the EU institutions and bringing them closer to the citizens;
2023/11/16
Committee: PETI
Amendment 23 #

2023/2062(INI)

Motion for a resolution
Paragraph 5
5. Recalls that virtual worlds should be developed and deployed in line with the general principle that what is illegal offline should be illegal online, ensuring that people’s rights, with a strong focus on children, as users, consumers, workers, investors and creators are fully respected;
2023/11/07
Committee: JURI
Amendment 32 #

2023/2062(INI)

Motion for a resolution
Paragraph 7
7. Underlines that it is paramount that the Commission conducts regular and frequent fitness checks of the applicable legal instruments in force and stresses that any future legislation on the metaverse should avoid overlaps or inconsistencies, while filling gaps where needed;
2023/11/07
Committee: JURI
Amendment 13 #

2023/2060(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas Europeans are already bearing huge costs for EU climate policy; whereas the fleet replacement and the adaptation of airports to the electrification of aviation will entail an increase in air ticket prices; whereas for small airports adapting to electric aviation can entail a heavy financial burden often exceeding their capacities;
2023/10/03
Committee: TRAN
Amendment 19 #

2023/2060(INI)

Motion for a resolution
Recital E
E. whereas small electric test aircraft of up to nine seats are already flying in various EU regionfour seats are currently being tested; whereas on 9 August 2023, a prototype eVTOL Vertical Aerospace VX aircraft crashed on an untethered test flight; whereas the widespread use of electric aircraft will require costly investment in infrastructure, such as charging stations at airports and updating air traffic control systems; whereas the uptake of electric aviation poses a huge challenge for governments and regulators, which will have to lay down new safety standards and certification processes; whereas electric aircraft of up to 19 seats are planned for the late 2020s, and regional aircraft for the 2030s9; whereas the first fleet of electric aircraft certified by the European Union Aviation Safety Agency (EASA)10 is already engaged in pilot training activities in a safe and environmentally friendly environment; whereas at the current stage in the drive to electrify regional aviation in the EU it is difficult to determine a time horizon for when we will be able to make full use of electric aircraft on short-haul flights; _________________ 9 Fact sheet, ‘Net zero 2050: new aircraft technology’, IATA, June 2023. 10 Pipistrel Velis Electro.
2023/10/03
Committee: TRAN
Amendment 25 #

2023/2060(INI)

Motion for a resolution
Recital F
F. whereas the EU is witnessing rapid development in battery technology in terms of both production volumes and development expenditure; whereas progress in battery technology is still too slow to provide solutions that will enable cost-effective commercial operation of eVTOL;
2023/10/03
Committee: TRAN
Amendment 48 #

2023/2060(INI)

Motion for a resolution
Paragraph 4
4. Notes that the outermost regions will be difficult to connect to Europe’s mainland via electric aviation owing to their remoteness and the limited battery capacity of the aircraft; highlights, however, the potential of electric aviation in ensuring connectivity between the outermost regions, contributing to their development and partially alleviating the negative consequences for their economy resulting from their difficult topography; stresses the need for financial, substantive and technical support for the outermost regions in order to ensure that the infrastructure necessary for fast and reliable charging of batteries, the servicing of eVTOL aircraft and the training of highly qualified technicians and operators develops at an appropriate pace;
2023/10/03
Committee: TRAN
Amendment 54 #

2023/2060(INI)

Motion for a resolution
Paragraph 5
5. Considers that the electrification of regional aviation could make previously abandoned routes economically viable, boosting regional development and attracting new regional investment; points out that given the limitations on the range and capacity of electric aircraft, ‘regional electric aviation’ should be defined;
2023/10/03
Committee: TRAN
Amendment 56 #

2023/2060(INI)

Motion for a resolution
Paragraph 6
6. Highlights that aircraft with electric engines cause close to zero operational and noise pollution, meaning that no local emissions are created that could adversely affect the health of citizens living close to airports; stresses that noise reduction achieved through electric aviation can affect the situation of some airports, e.g. by increasing capacity where it was previously restricted owing to environmental constraints or by removing restricted use zones;
2023/10/03
Committee: TRAN
Amendment 61 #

2023/2060(INI)

Motion for a resolution
Paragraph 7
7. Argues that the substantial needs related to the replacement of the civil fleet represent not only a challenge butand require enormous financial investment, but are also a major market opportunity that could lead to new jobs and skills for the whole transport sector in Europe;
2023/10/03
Committee: TRAN
Amendment 79 #

2023/2060(INI)

Motion for a resolution
Paragraph 13
13. Stresses that, after shifting to alternative propulsion systems, existing large airports could consume 5-10 times more electricity by 2050 than they do today13; stresses that, to meet the expected energy demand, the first elements of on- airport infrastructure mustwould need to be in place by 2025, and calls for the necessary investment to be secured; stresses that investment in energy infrastructure is the most important factor enabling the development of new technologies in aviation; points out that only once the infrastructure has been prepared and tested will we be able to deploy electric aviation; points out that the development of energy supply infrastructure is not aligned with the stated emission reduction targets and requirements, or with the restrictions on conventional aviation; _________________ 13 Target True Zero: Delivering the Infrastructure for Battery and Hydrogen- Powered Flight, World Economic Forum, April 2023, pp. 10-15.
2023/10/03
Committee: TRAN
Amendment 114 #

2023/2060(INI)

Motion for a resolution
Paragraph 19
19. Calls on the Commission to invest in research and development of next generation solid-state batteries that have twice as much energy as lithium-ion batteries and approximately three times higher storage potential; draws attention to the need to improve battery temperature management and battery charging and replacement management; draws attention to the need to accelerate the development of the battery recycling sector;
2023/10/03
Committee: TRAN
Amendment 10 #

2023/2047(INI)

Motion for a resolution
Recital N
N. whereas the Committee on Petitions is best suited to show citizens what the European Union does the only body which is in direct contact with EU citizens and thus able to inform them and what solutions can be providedbout action taken at European, national or local level;
2023/10/02
Committee: PETI
Amendment 11 #

2023/2047(INI)

Motion for a resolution
Recital O
O. whereas the activities of the Committee on Petitions are based on the input provided by petitioners; whereas the information submitted by petitioners in their petitions and at committee meetings, along with the Commission’s assessment and the replies of the Member States and other bodies, are crucial for the work of the committee; whereas admissible petitions also provide valuable contributions to the work of the other parliamentary committees, given that they are forwarded by the Committee on Petitions to other committees for an opinion or for information; whereas, therefore, petitions may play a role in the legislative process, as the by provideing other parliamentary committees with valuable input for their legislative work in their respective fields of competence;
2023/10/02
Committee: PETI
Amendment 15 #

2023/2047(INI)

Motion for a resolution
Recital R
R. whereas when adopting its meeting agenda, the Committee on Petitions shouldall pay attention to petitions and topics with significant relevance for discussion at EU level and to the need to maintain an equitable geographical coverage of topics according to the petitions received;
2023/10/02
Committee: PETI
Amendment 16 #

2023/2047(INI)

Motion for a resolution
Recital U
U. whereas, in 2022, the Committee on Petitions held seven fact-finding visits; whereas this represents a large increase compared to the single fact-finding visit organised in 2021; whereas this can be explained by the need in 2021is due to the postponement of two minimise health risks for Parliament’s Members and staff in the context of the spread ofvisits from previous years when COVID-19 pand therefore by the consecutive postponement of two fact- finding visits in 2022emic restrictions were in place;
2023/10/02
Committee: PETI
Amendment 18 #

2023/2047(INI)

Motion for a resolution
Paragraph 2
2. Reiterates the importance of a continuous public debate on the Union’s fields of activity in order to ensure that citizens are correctly informed about the scope of the Union’s competences and the different levels of decision-making; reiterates its call, in this regard, for broader awareness raising campaigns, through the active involvement of communications services, to help increase citizens’ knowledge about their right to petition, as well as the scope of the Union’s responsibilities and the competences of the Committee on Petitions, with a view to raising citizens' awareness of the possibility of submitting petitions to the European Parliament, reducing the number of inadmissible petitions and better responding to citizens’ concerns;
2023/10/02
Committee: PETI
Amendment 20 #

2023/2047(INI)

Motion for a resolution
Paragraph 3
3. Reiterates that it is important that the Commission revises its strategic approach on the handling of petitions in order to ensure an adequate follow-up of all petitions denouncing violations of EU law, including those raised in individual petitions;deleted
2023/10/02
Committee: PETI
Amendment 26 #

2023/2047(INI)

Motion for a resolution
Paragraph 5
5. Recalls the European dimension of the Committee on Petitions, which can be addressed by citizens from all 27 Member States on issues that fall within the scope of the EU Treaties and EU law; believes that the Committee has a special responsibility to uphold this European dimension and to demonstrate the added value of European unity and integration to citizens; is of the opinion thatconsiders the treatment of petitions shouldto be geographically balanced and proportionate to the size of each Member State; believes, in this respect, that the European Parliament should increase its efforts to promote the role and work of its Committee on Petitions and raise awareness among all EU citizens of the possibility to address a petition to the European Parliament; urges the political groups represented in the Committee on Petitions to seek consensus and balance with regard to selecting and treating petitions;
2023/10/02
Committee: PETI
Amendment 30 #

2023/2047(INI)

Motion for a resolution
Paragraph 6
6. Recalls that petitions contribute considerably to the Commission’s role as guardian of the Treaties by providing citizens with an additional tool to notify alleged breaches of EU law; stresses that cooperation between the Committee on Petitions and the Commission through timely and detailed answers from the Commission, which are based on thorough examinations of the issues raised in petitions, are essential to ensure the successful treatment of petitions; calls, therefore, on the Commission to be more involved in the work of the Committee on Petitions and, in particular, to provide timely answers to the issues raised in petitions;
2023/10/02
Committee: PETI
Amendment 32 #

2023/2047(INI)

Motion for a resolution
Paragraph 7
7. CallsStresses that the Commission's answers are not always phrased in a manner that petitioners can understand; calls, therefore, on the Commission to raise awareness among its staff about the need to use plain, simple and empathetic language, in order to convey clearly understandable responses to the petitioners; encourages the Commission to delegate the role of presenting the Commission’s positions in the meetings of the Committee on Petitions to more senior and high- ranking staff;
2023/10/02
Committee: PETI
Amendment 46 #

2023/2047(INI)

Motion for a resolution
Paragraph 16
16. Takes note that health, which was one of the main areas of concern for petitioners in 2021, mainly due to health concerns related to the COVID-19 pandemic, appeared to become less importantfrequently raised in 2022 owing to the fact that the number of petitions on COVID-19 that the Committee on Petitions examined and replied to in 2022 decreased compared to 2021;
2023/10/02
Committee: PETI
Amendment 56 #

2023/2047(INI)

Motion for a resolution
Paragraph 22
22. Urges the Commission, again, together with the Member States, to ensure the correct implementation of EU legislation in the environmental field;deleted
2023/10/02
Committee: PETI
Amendment 66 #

2023/2047(INI)

Motion for a resolution
Paragraph 29 a (new)
29 a. Draws attention to the particular role of the Committee on Petitions in safeguarding the rights of children and their parents; notes that in 2022, the Committee on Petitions devoted a great deal of attention to issues relating to child welfare, including a fact-finding visit to Palma in the Balearic Islands on the maltreatment of minors and a fact-finding visit to Germany on the activities of the German Jugendamt; Stresses that, although the majority of issues fall within national competence, the Committee on Petitions receives many dramatic petitions on children's rights which deserve special attention;
2023/10/02
Committee: PETI
Amendment 54 #

2023/0311(COD)

Proposal for a directive
Recital 14 a (new)
(14 a) Considering both demographic changes and the need to increase the mobility of persons with disabilities, Member States should work hard to improve the accessibility of public spaces and infrastructures to the needs of persons with disabilities.
2023/11/10
Committee: TRAN
Amendment 59 #

2023/0311(COD)

Proposal for a directive
Recital 16 a (new)
(16 a) As the degree of disability is decided very differently by the national authorities in the Member States, persons with disabilities may not be able to take advantage of, or may benefit from, the varying reduced fees for culture, leisure and transport offered by private bodies or public authorities in the Member States.
2023/11/10
Committee: TRAN
Amendment 115 #

2023/0311(COD)

Proposal for a directive
Article 3 – paragraph 1 – point c
(c) “persons with disabilities” means persons who in accordance with the rulings of the competent national authorities have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others;
2023/11/10
Committee: TRAN
Amendment 183 #

2023/0311(COD)

Proposal for a directive
Article 8 – paragraph 2
2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2) and within 12 months of the entry into force of this Directive.
2023/11/10
Committee: TRAN
Amendment 230 #

2023/0311(COD)

Proposal for a directive
Article 18 – paragraph 1
1. Member States shall adopt and publish, by dd/mm/yy [within 1824 months after the entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
2023/11/10
Committee: TRAN
Amendment 232 #

2023/0311(COD)

Proposal for a directive
Article 18 – paragraph 2
2. They shall apply those provisions from dd/mm/yy [306 months from the date of entry into force of this Directive].
2023/11/10
Committee: TRAN
Amendment 58 #

2023/0265(COD)

Proposal for a directive
Recital 8
(8) The transport of indivisible loads is an important market segment linked with the strategic areas of renewable energy, civil engineering and infrastructure, oil and gas, heavy industry and power generation sectors. Despite the recognised value of the existing European Best Practice Guidelines for Abnormal Transport, adopted by experts designated by the Member States, very little progress has been made towards the simplification and harmonisation of the rules and procedures to obtain permits for the transport of indivisible loads. Without prejudice to the right of Member States to establish the necessary conditions to ensure the safe transport of indivisible loads in their territories, Member States should cooperate to harmonise, to the extent possible, those requirements to avoid the multiplication of diverging conditions serving the same purpose. Member States should also ensure that national requirements are proportionate and non- discriminatory, refraining from imposing unjustified requirements such as fluency in the national language of the Member State concerned. To reduce administrative burden for operators and to ensure efficient, fair and safe operations, it is crucial to put in place a transparent, harmonised, user-friendly system for obtaining permits that is available in the most representative EU languages and accessible via electronic means of communications.
2023/11/24
Committee: TRAN
Amendment 73 #

2023/0265(COD)

Proposal for a directive
Recital 11
(11) The transport of indivisible loads carried out by vehicles or vehicle combinations exceeding the maximum weights or dimensions and the use of EMS, given their needs for additional safety features and for suitable infrastructure, require that special attention is given to elements such as transparency of relevant information, legal certainty and harmonisation of the permit processes. It is therefore necessary for Member States to establish a single electronic information and communication system containing all the relevant information regarding the operational and administrative conditions for the transport of indivisible loads and for the use of EMS, in a clear and easily accessible manner. This national system should also enable the operators to obtain the information and submit electronically the application, in a standardised format, forin order to obtain special permits for the carriage of indivisible loads in the Member State concerned. Those permits should be issued in electronic format and it should be possible to carry out non-standard transport on the basis of a permit issued in electronic format.
2023/11/24
Committee: TRAN
Amendment 98 #

2023/0265(COD)

Proposal for a directive
Recital 17
(17) Effective, efficient, and consistent enforcement of the rules is of utmost importance to ensure undistorted competition between operators and eliminate risks to road safety and to road infrastructure posed by vehicles unlawfully exceeding the applicable weights or dimensions. To better target roadside controls at overloaded vehicles, and if they choose to use automatic systems on the road infrastructure, Member States should ensure as a minimum the deployment of such systems in the trans-European road transport network. Moreover, for reliability and consistency of the enforcement across the Union, the mandatory minimum level of controls to be performed by Member States should be established in proportion to the level of traffic on their territories by the vehicles within scope of this Directive, including an appropriate number of controls during night hours. The implemented system should recognise non-standard transport rights where a valid permit has been issued, in order to avoid unjustified penalties for carriers for carrying out such transport operations.
2023/11/24
Committee: TRAN
Amendment 137 #

2023/0265(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Directive 96/53/EC
Article 4 – paragraph 3
Member States shall guarantee that the conditions under which the permits or similar arrangements related to the transport of indivisible loads are issued are proportionate and non-discriminatory. In particular, Member States shall cooperate to avoid the multiplicity of vehicle markings and signalling, and to favour the use of pictograms over text, and to harmonise provisions on escorting non-standard transport operations. Member States shall not impose language requirements related to theon drivers of vehicles transport ofing indivisible loads.
2023/11/24
Committee: TRAN
Amendment 190 #

2023/0265(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 96/53/EC
Article 4a – paragraph 2
2. The Commission mayshall adopt implementing acts establishing a common standard application form andfor vehicle registration and authorisation, harmonising the rules and procedures for the issuing of national permits, including in digital form, or similar arrangements referred to in paragraph 1 of this Article and in Article 4(3), and harmonising the rules on escorting non-standard transport operations. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10i(2).’;
2023/11/24
Committee: TRAN
Amendment 243 #

2023/0265(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a
Directive 96/53/EC
Article 10d – paragraph 1
Without prejudice to Union and national law, where automatic systems are used to establish infringements of this Directive and to impose penalties, such automatic systems shall be certified. These systems must also be linked to the electronic non- standard transport licensing system so that they can identify authorised vehicles carrying indivisible loads. Where automatic systems are used only for identification purposes, they need not be certified.
2023/11/24
Committee: TRAN
Amendment 237 #

2023/0133(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Persons involved in alternative dispute resolution proceedings concerning SEPs in force in a Member State shall disclose to the competence centre within 64 months from the termination of the procedure the standards and the implementations concerned, the methodology used for the calculation of FRAND terms and conditions, information on the name of the parties, and on specific licensing rates determined.
2023/10/27
Committee: IMCO
Amendment 266 #

2023/0133(COD)

Proposal for a regulation
Article 18 – paragraph 5
5. Any stakeholder may request to participate in the process after explaining the basis of its interest. SEP holders shall provide their estimated percentage of those SEPs of all SEPs for a standard. Implementers shall provide information on any relevant implementations of the standard, including any relevant market share in the Union. Implementers shall provide information on any relevant current or potential implementations of the standard.
2023/10/27
Committee: IMCO
Amendment 268 #

2023/0133(COD)

Proposal for a regulation
Article 18 – paragraph 6
6. If the requests for participation include SEP holders representing collectively at least an estimated 2015% of all SEPs for the standard, and implementers holding collectively at least 105% relevant market share in the Union or at least 10 SMEs, the competence centre shall appoint a panel of three conciliators selected from the roster of conciliators with the appropriate background from the relevant field of technology.
2023/10/27
Committee: IMCO
Amendment 352 #

2023/0133(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Persons involved in alternative dispute resolution proceedings concerning SEPs in force in a Member State shall disclose to the competence centre within 64 months from the termination of the procedure the standards and the implementations concerned, the methodology used for the calculation of FRAND terms and conditions, information on the name of the parties, and on specific licensing rates determined.
2023/10/31
Committee: JURI
Amendment 395 #

2023/0133(COD)

Proposal for a regulation
Article 18 – paragraph 5
5. Any stakeholder may request to participate in the process after explaining the basis of its interest. SEP holders shall provide their estimated percentage of those SEPs of all SEPs for a standard. Implementers shall provide information on any relevant implementations of the standard, including any relevant market share in the Union. Implementers shall provide information on any relevant current or potential implementations of the standard.
2023/10/31
Committee: JURI
Amendment 400 #

2023/0133(COD)

Proposal for a regulation
Article 18 – paragraph 6
6. If the requests for participation include SEP holders representing collectively at least an estimated 2015% of all SEPs for the standard, and implementers holding collectively at least 105% relevant market share in the Union or at least 10 SMEs, the competence centre shall appoint a panel of three conciliators selected from the roster of conciliators with the appropriate background from the relevant field of technology.
2023/10/31
Committee: JURI
Amendment 445 #

2023/0133(COD)

Proposal for a regulation
Article 60 – paragraph 1 a (new)
1 a. The period specified in days ends on the last day, a period marked in weeks ends at the end of the day in the last week, a period specified in months ends on the expiry of the day corresponding to the initial day of the period, and if there was no such day in the last month - then on the last day of that month, a period marked in years ends on the expiry of the day corresponding to the initial day of a given period, and if there was no such day, the end date will be the last day of that month.
2023/10/27
Committee: IMCO
Amendment 456 #

2023/0133(COD)

Proposal for a regulation
Article 62 – paragraph 1
1. When negotiating a SEP licence with micro, small and medium-sized enterprises, SEP holders shall consider offering to them FRAND terms and conditions that are more favourable than the FRAND terms and conditions they offer to enterprises that are not micro, small and medium-sized for the same standard and implementations.
2023/10/27
Committee: IMCO
Amendment 457 #

2023/0133(COD)

Proposal for a regulation
Article 62 – paragraph 3
3. SEP holders shall also consider discounts, spreading payments into interest-free instalments or royalty-free licensing for low sales volumes irrespective of the size of the implementer taking the licence. Such discounts or royalty-free licensing shall be fair, reasonable and non-discriminatory and shall be available in the electronic database as set out in Article 5(2), point (b).
2023/10/27
Committee: IMCO
Amendment 490 #

2023/0133(COD)

Proposal for a regulation
Article 70 – paragraph 1
1. By [OJ: please insert the date = 53 years from entry into force of this regulation] the Commission shall evaluate the effectiveness and efficiency of the SEP registration and the essentiality check system.
2023/10/27
Committee: IMCO
Amendment 493 #

2023/0133(COD)

Proposal for a regulation
Article 70 – paragraph 2
2. By [OJ: please insert the date = 85 years from entry into force of this regulation], and every five3 years thereafter, the Commission shall evaluate the implementation of this Regulation. The evaluation shall assess the operation of this Regulation, in particular the impact, effectiveness and efficiency of the competence centre and its working methods.
2023/10/27
Committee: IMCO
Amendment 726 #

2023/0133(COD)

Proposal for a regulation
Article 60 – paragraph 1
1. Time limits shall be laid down in terms of full years, months, weeks or days. Calculation shall start on the day following the day on which the relevant event occurred. The period specified in days ends on the last day, a period marked in weeks ends at the end of the day in the last week, a period specified in months ends on the expiry of the day corresponding to the initial day of the period, and if there was no such day in the last month - then on the last day of that month, a period marked in years ends on the expiry of the day corresponding to the initial day of a given period, and if there was no such day, the end date will be the last day of that month.
2023/10/31
Committee: JURI
Amendment 736 #

2023/0133(COD)

Proposal for a regulation
Article 62 – paragraph 1
1. When negotiating a SEP licence with micro, small and medium-sized enterprises, SEP holders shall consider offering to them FRAND terms and conditions that are more favourable than the FRAND terms and conditions they offer to enterprises that are not micro, small and medium-sized for the same standard and implementations.
2023/10/31
Committee: JURI
Amendment 738 #

2023/0133(COD)

Proposal for a regulation
Article 62 – paragraph 3
3. SEP holders shall also consider discounts, spreading payments into interest-free instalments or royalty-free licensing for low sales volumes irrespective of the size of the implementer taking the licence. Such discounts or royalty-free licensing shall be fair, reasonable and non-discriminatory and shall be available in the electronic database as set out in Article 5(2), point (b).
2023/10/31
Committee: JURI
Amendment 770 #

2023/0133(COD)

Proposal for a regulation
Article 70 – paragraph 1
1. By [OJ: please insert the date = 53 years from entry into force of this regulation] the Commission shall evaluate the effectiveness and efficiency of the SEP registration and the essentiality check system.
2023/10/31
Committee: JURI
Amendment 772 #

2023/0133(COD)

Proposal for a regulation
Article 70 – paragraph 2
2. By [OJ: please insert the date = 85 years from entry into force of this regulation], and every fivthree years thereafter, the Commission shall evaluate the implementation of this Regulation. The evaluation shall assess the operation of this Regulation, in particular the impact, effectiveness and efficiency of the competence centre and its working methods.
2023/10/31
Committee: JURI
Amendment 84 #

2023/0129(COD)

Proposal for a regulation
Recital 20
(20) The Commission should grant the Union compulsory licence in the light of the non-binding opinion of the advisory body. Persons, in particular the licensee and the rights-holder, whose interests may be affected by the Union compulsory licence should be given the opportunity to submit their comments after being provided with the case file and analyses submitted to or carried out by the advisory body, and with all other relevant information necessary for them to assess the impact of a proposed Union compulsory license on their intellectual property rights. These elements should enable the Commission to consider the individual merits of the situation and determine, on that basis, the adequate conditions of the licence, including an adequate remuneration to be paid by the licensee to the rights-holder. To avoid overproduction of products manufactured under a Union compulsory licence, the Commission should also consider any existing compulsory licences at national level.
2023/11/14
Committee: JURI
Amendment 125 #

2023/0129(COD)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation has the objective to ensure that in crises the Union has access to crisis- relevant products. To this end, this Regulation lays down rules on the procedure and conditions for the granting of a Union compulsory licence of intellectudustrial property rights that are necessary for the supply of crisis-relevant products to the Member States in the context of a Union crisis or emergency mechanism.
2023/11/14
Committee: JURI
Amendment 126 #

2023/0129(COD)

Proposal for a regulation
Article 2 – paragraph 1 – introductory part
1. This Regulation establishes Union compulsory licensing of the following intellectudustrial property rights in force in one or more Member States:
2023/11/14
Committee: JURI
Amendment 129 #

2023/0129(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point a
(a) patents, including published patent applications;
2023/11/14
Committee: JURI
Amendment 130 #

2023/0129(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
(aa) industrial design
2023/11/14
Committee: JURI
Amendment 150 #

2023/0129(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) have a scope and duration that is strictly limited to the purpose for which the compulsory licence is granted and strictly limited to the scope and duration of the crisis or emergency mode in the framework of which it is granted;
2023/11/14
Committee: JURI
Amendment 152 #

2023/0129(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) be strictly limited to the relevant and properly justified activities of crisis- relevant products in the Union;
2023/11/14
Committee: JURI
Amendment 156 #

2023/0129(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) only be granted against payment of an adequatefair remuneration to the rights- holder;
2023/11/14
Committee: JURI
Amendment 158 #

2023/0129(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point e
(e) be strictly limited to the precisely defined territory of the Union;
2023/11/14
Committee: JURI
Amendment 159 #

2023/0129(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point f
(f) only be granted to a person deemed to be in a position to efficiently exploit the protected invention in a manner that permits the propereffective carry out of the relevant activities of the crisis-relevant products and in accordance with the obligations referred to in Article 10.
2023/11/14
Committee: JURI
Amendment 162 #

2023/0129(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. A Union compulsory licence for an invention protected by a published patent application shall cover a patent granted based on that application, provided that the granting of that patent takes place while the Union compulsory licence is valid.deleted
2023/11/14
Committee: JURI
Amendment 195 #

2023/0129(COD)

Proposal for a regulation
Article 7 – paragraph 3 – introductory part
3. Before the granting of a Union compulsory licence, the Commission shall provide the rights-holders and the licensee with the case file and analyses submitted to or carried out by the advisory body referred to in Article 6, and with all other relevant information necessary for them to assess the impact of a proposed Union compulsory license on their intellectual property rights, and the Commission shall give the rights-holder and the licensee an opportunity to comment on the following:
2023/11/14
Committee: JURI
Amendment 237 #

2023/0129(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. The licensee shall pay an adequate fair remuneration to the rights-holder. The amount of the remuneration shall be determined by the Commission and specified in the Union compulsory licence.
2023/11/14
Committee: JURI
Amendment 239 #

2023/0129(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. The remuneration shall not exceed 45 % of total gross revenue generated by the licensee through the relevant activities under the Union compulsory licence. unless the benefits accruing to the compulsory licensee would be significantly higher than those accruing to the right-holder from the licensed solution;
2023/11/14
Committee: JURI
Amendment 243 #

2023/0129(COD)

Proposal for a regulation
Article 9 – paragraph 3 – point b
(b) whether the rights-holder has received public support tofor the process of developing the invention. at any stage of the research and development phase;
2023/11/14
Committee: JURI
Amendment 255 #

2023/0129(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point a
(a) immediately terminate the Union compulsory licence in accordance with Article 14(3); or
2023/11/14
Committee: JURI
Amendment 280 #

2023/0129(COD)

Proposal for a regulation
Article 15 – paragraph 1 – introductory part
1. The Commission may by decision impose on the licensee or the rights-holder fines not exceeding 610 % of their respective total turnover in the preceding business year where, intentionally or negligently:
2023/11/14
Committee: JURI
Amendment 281 #

2023/0129(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point a a (new)
(aa) the licensee does not comply with the prohibition as referred in Article 11;
2023/11/14
Committee: JURI
Amendment 282 #

2023/0129(COD)

Proposal for a regulation
Article 16 – paragraph 1 – introductory part
1. The Commission may, by decision, impose on the licensee or the rights-holder periodic penalty payments not exceeding 58 % of their respective average daily turnover in the preceding business year per day and calculated from the date appointed by the decision, in order to compel:
2023/11/14
Committee: JURI
Amendment 283 #

2023/0129(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point a a (new)
(aa) the licensee to put an end to an infringement of the prohibition as referred in Article 11;
2023/11/14
Committee: JURI
Amendment 285 #

2023/0129(COD)

Proposal for a regulation
Article 19 – paragraph 4
4. The rights of defence of the parties concerned shall be fully respected in the proceedings. They shall be entitled to have access to the Commission's file under the terms of a negotiated disclosure, subject to the legitimate interest of the licensee or the rights-holder or other person concerned in the protection of their commercially sensitive information and trade secrets. The Commission shall have the power to adopt decisions setting out such terms of disclosure, fully in line with existing legislation for the protection of data and trade secrets, in case of disagreement between the parties. The right of access to the file of the Commission shall not extend to confidential information and internal documents of the Commission, other competent authorities or other public authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and those authorities. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement.
2023/11/14
Committee: JURI
Amendment 54 #

2023/0090(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down technical requirements, administrative requirements and procedures, for the EU type-approval and pcirculacting on the marketpublic roads of non-road mobile machinery intended to circulate on public roads.
2023/09/06
Committee: IMCO
Amendment 57 #

2023/0090(COD)

Proposal for a regulation
Article 2 – paragraph 1
1. This Regulation applies to non-road mobile machinery where it is placed on the market and intended to circulate, with or without a driver, on a public road.
2023/09/06
Committee: IMCO
Amendment 60 #

2023/0090(COD)

Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 1 – point f
(f) individual approvals of non-road mobile machinery for circulating on public roads, granted in accordance with national legislation, subject to urgent need essential for national security and to non- road mobile machinery that complies with that national legislation;
2023/09/06
Committee: IMCO
Amendment 64 #

2023/0090(COD)

(1) ‘non-road mobile machinery’ means any self-propelled mobile machinery, falling within the scope of Directive 2006/42/EC, that is designed or constructed with the purpose to perform workmight need, whether occasionally or often, to circulate on public roads, mostly to move from one working place to another;
2023/09/06
Committee: IMCO
Amendment 67 #

2023/0090(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point c
(c) enginpower drive (internal combustion/hybrid/electric/hybrid- electric),
2023/09/06
Committee: IMCO
Amendment 77 #

2023/0090(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 30
(30) ‘recall’ means any measure aimed at achieving the return of non-road mobile machinery that has already been made available to the end-usergranted approval to circulate on public roads;
2023/09/06
Committee: IMCO
Amendment 78 #

2023/0090(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 31
(31) ‘withdrawal’ means any measure aimed at preventing non-road mobile machinery in the supply chain from being made available on the marketcirculating on public roads .
2023/09/06
Committee: IMCO
Amendment 83 #

2023/0090(COD)

Proposal for a regulation
Article 4 – paragraph 6
6. Member States shall organise and carry out market surveillance activities and controls of non-road mobile machinery entering the marketcirculating on public roads in accordance with Chapters IV, V and VII of Regulation (EU) 2019/1020.
2023/09/06
Committee: IMCO
Amendment 84 #

2023/0090(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. Manufacturers shall ensure that non-road mobile machinery that they place on the market to circulate on public roads belongs to a type that has been granted an EU type-approval and it is designed and manufactured in accordance with that type.
2023/09/06
Committee: IMCO
Amendment 86 #

2023/0090(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Manufacturers who have sufficient reason to believe that a non-road mobile machinery which they have made available on the market to circulate on the public roads is not in conformity with this Regulation shall immediately take the corrective measures necessary to bring that non-road mobile machinery into conformity, to withdraw it or to recall it, as appropriate.
2023/09/06
Committee: IMCO
Amendment 90 #

2023/0090(COD)

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1
Manufacturers shall examine any reasoned complaints they receive relating to risks, suspected incidents or non-compliance issues with the non-road mobile machinery that they have placed on the market.
2023/09/06
Committee: IMCO
Amendment 98 #

2023/0090(COD)

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – introductory part
The Commission is empowered to adopt delegated acts in accordance with Article 47 concerning detailed, non- discriminatory rules on the requirements related to road circulation, set out in paragraph 1 for the following elements:
2023/09/06
Committee: IMCO
Amendment 102 #

2023/0090(COD)

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point a
(a) vehiclmachine structure integrity;
2023/09/06
Committee: IMCO
Amendment 104 #

2023/0090(COD)

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point j
(j) vehiclmachine exterior and accessories in on road position, including working equipment and swinging structure;
2023/09/06
Committee: IMCO
Amendment 119 #

2023/0090(COD)

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 4
The delegated acts referred to in the first subparagraph shallmay specify the classes or categories concerned by the detailed rules and may provide different detailed rules for different classes or categories of non-road mobile machinery.
2023/09/06
Committee: IMCO
Amendment 121 #

2023/0090(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. NWhen intended to circulate on public road, non-road mobile machinery shall not be made available on the market, registered or entered into service, unless it is in conformity with this Regulation.
2023/09/06
Committee: IMCO
Amendment 127 #

2023/0090(COD)

Proposal for a regulation
Article 26 – paragraph 7
7. The communication referred to in paragraph 6 shall specify, in particular, the date of production and the vehicla unique identification number of the last non-road mobile machinery produced.
2023/09/06
Committee: IMCO
Amendment 147 #

2023/0090(COD)

Proposal for a regulation
Article 34 – paragraph 3
3. The information referred to in paragraph 2 shall be provided in the operator’s manual for road use or as a distinguished part of other operator's instructions.
2023/09/06
Committee: IMCO
Amendment 149 #

2023/0090(COD)

Proposal for a regulation
Article 34 – paragraph 4 – subparagraph 2
When the operator’s manual is provided in electronic format, the manufacturer shall provide information in printed or paper format on how to access or find that manual, in the official languages of the Member State where the non-road mobile machinery is to be placed on the market, registered or entered into service.
2023/09/06
Committee: IMCO
Amendment 156 #

2023/0090(COD)

Proposal for a regulation
Article 52 – title
Transitional provisionsSmall series and specific equipment
2023/09/06
Committee: IMCO
Amendment 157 #

2023/0090(COD)

By way of derogation from this Regulation, until …[please insert date: 8 years from the date of application], Member States may continue to apply any national legislation on national type- approval of non-road mobile machinery for circulating on public roads on non-road mobile machinery that is placed on the market between ….. [Please insert date of application] and …[please insert date: 8 years from the date of application]in small series or is essential for national security. During that period, the manufacturer may choose either to apply for EU type-approval or to comply with relevant national legislation.
2023/09/06
Committee: IMCO
Amendment 103 #

2023/0083(COD)

Proposal for a directive
Recital 14
(14) The requirements laid down in delegated acts adopted pursuant to Regulation [on the Ecodesign for Sustainable Products] or implementing measures adopted pursuant to Directive 2009/125/EC of the European Parliament and of the Council16 , according to which producers should provide access to spare parts, repair and maintenance information or any repair related software tools, firmware or similar auxiliary means, apply. Those requirements ensure the technical feasibility of repair, not only by the producer, but also by other repairers. As a consequence, the consumer can select a repairer of its choice. To complement those measures, access for independent repairers, remanufacturers, refurbishes and consumers to spare parts and at minimum technical diagram of the device should be provided for a period foreseen by the relevant Union laws. Consequently, the consumer will be able to select a repairer or other provider of its choice or where capable, carry out the repair on its own. Complexity and safety of the repair is linked with the type of device. Where it could be reasonably foreseen that the performance of repair by the average consumer could lead to safety hazard or requires advanced tools, the producers should explicitly warn the consumer. __________________ 16 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (recast) (Text with EEA relevance) (OJ L 285, 31.10.2009, p. 10–35).
2023/09/08
Committee: IMCO
Amendment 114 #

2023/0083(COD)

Proposal for a directive
Recital 15 a (new)
(15a) Promoting reparability within the EU necessitates a combination of actions beyond just regulatory measures. This directive should be complemented by efforts to address the existing skills gap, ensuring the availability of reparability services within the European Union, including through unimpeded cross- border provision of repair services. Furthermore, the EU should consider approaches like offering reduced VAT rates, repair incentives, or tax cuts on services and labour to enhance the demand for reparability services.
2023/09/08
Committee: IMCO
Amendment 137 #

2023/0083(COD)

Proposal for a directive
Recital 22
(22) Member States should ensure that all economic operators that may provide repair services in the Union have easy access to the online platform, in line with mutual recognition. Member States should be free to decide which repairers can register on the online platform as long as access to that platform is reasonable and non-discriminatory for all repairers in accordance with Union law. Enabling repairersMember States should especially fully apply the provisions foreseen in Directive (EU) 2018/958 and Articles 5, 6 and 7 of Directive (EU) 2005/36/EC. Enabling repairers, whether covered by professional qualifications or not, from one Member State to register on the online platform in another Member State in order to provide repair services in areas that the consumer searched for should support the cross- border provision of repair services. It should be left to Member States’ discretion how to populate the online platform, for instance by self-registration or extraction from existing databases with the consent of the repairers, or if registrants should pay a registration fee covering the costs for operating the platform. To guarantee a wide choice of repair services on the online platform, Member States should ensure that access to the online platform is not limited to a specific category of repairers. While national requirements, for instance, on the necessary professional qualifications, continue to apply, Member States should ensure that the online platform is open to all repairers that fulfil those requirements. Member States should also be free to decide whether and to what extent community-led repair initiatives, such as repair cafés, may register on the online platform, taking account of safety considerations where relevant. Registration on the online platform should always be possible upon repairers’ request, provided they fulfil the applicable requirements to access the online platform.
2023/09/08
Committee: IMCO
Amendment 156 #

2023/0083(COD)

Proposal for a directive
Recital 27
(27) The Commission should enable the development of a voluntary European quality standard for repair services within 36 months, for instance by encouraging and facilitating voluntary cooperation on a standard between businesses, public authorities and other stakeholders or by issuing a standardisation request to the European standardisation organisations. A European standard for repair services could boost consumer trust in repair services across the Union. Such standard could include aspects influencing consumer decisions on repair, such as the time to complete repair, the availability of temporary replacement goods, quality assurances such as a commercial guarantee on repair, and the availability of ancillary services such as removal, installation and transportation offered by repairers.
2023/09/08
Committee: IMCO
Amendment 158 #

2023/0083(COD)

Proposal for a directive
Recital 28
(28) In order to promote repair within the liability of the seller as established in Directive (EU) 2019/771, the harmonised conditions under which the choice between the remedies of repair and replacement can be exercised should be adapted. The principle established in Directive (EU) 2019/771 to use the consideration whether the remedy chosen would impose costs on the seller that are disproportionate as compared to the other remedy, as one of the criteria to determine the applicable remedy, should be maintained. The consumer remains entitled to choose repair over replacement, unless repair would be impossible or it would impose disproportionate costs on the seller as compared to replacement. However, where the costs for replacement are higher than or equal to the costs of repair, the seller should always repair the goods. Hence, the consumer is entitled to choose replacement as a remedy only where it is cheaper than repair. Directive (EU) 2019/771 should therefore be amended accordingly.
2023/09/08
Committee: IMCO
Amendment 198 #

2023/0083(COD)

Proposal for a directive
Article 4 – paragraph 1
1. Member States shall ensure that, before a consumer is bound by a contract for the provision of repair services, unless it is unfeasible to estimate the repair cost without on-site assessment of the good, the repairer shall provide the consumer, upon request, with mandatory information, for example by mean of the European Repair Information Form set out in Annex I on a durable medium within the meaning of Article 2 (11) of Directive 2019/771/EU. The mandatory information shall be provided to consumer in a clear and unambiguous language or form.
2023/09/08
Committee: IMCO
Amendment 206 #

2023/0083(COD)

Proposal for a directive
Article 4 – paragraph 3 – subparagraph 2
Without prejudice to Directive 2011/83/EU, the repairer shall inform the consumer about the costs referred to in the first subparagraph before the consumer requests the provision of the European Repair Information Formmandatory repair information, for example by means of European Repair Information Form. The repairer may deduct such costs out of the price of the repair service, if the consumer chooses to have the product repaired.
2023/09/08
Committee: IMCO
Amendment 210 #

2023/0083(COD)

Proposal for a directive
Article 4 – paragraph 4 – introductory part
4. The European Repair Information Form shall specify the following conditions of repair in a clear and comprehensible manne, or other form of informing the consumer shall specify the following mandatory information on conditions of repair:
2023/09/08
Committee: IMCO
Amendment 214 #

2023/0083(COD)

Proposal for a directive
Article 4 – paragraph 4 – point e
(e) the price or, if the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated and the maximum price range expected for the repair;
2023/09/08
Committee: IMCO
Amendment 220 #

2023/0083(COD)

Proposal for a directive
Article 4 – paragraph 4 – point i
(i) where applicable, the availability of ancillary services, such as removal, installation and transportation, offered by the repairer and the costs of those services, if any, for the consumer. Without prejudice to other obligations stipulated in Article 13 of Directive (EU) 2019/771, the provider of repair service shall, as a minimum requirement, be obliged to assess liability for any lack of conformity for the repaired part or parts, aspects or feature of the good, which exists at the time the consumer received the repaired goods and which becomes apparent within six month after that time;
2023/09/08
Committee: IMCO
Amendment 223 #

2023/0083(COD)

Proposal for a directive
Article 4 – paragraph 4 – point i a (new)
(ia) additional information provided voluntarily by the repairer.
2023/09/08
Committee: IMCO
Amendment 224 #

2023/0083(COD)

Proposal for a directive
Article 4 – paragraph 5
5. The repairer shall not alter the conditions of repair specified in the European Repair Information Form or by other mean for a period of 30 calendar days as from the date on which that form was provided to the consumer, unless the repairer and the consumer have agreed otherwise or there is a need to correct a manifest mistake. Repairers other than the producers, authorised representatives, importers or distributors who have an obligation to repair by virtue of Article 5 or where applicable their subcontractors, may refuse the repair, based on duly justified reasons presented to the consumer, which prevent the performance of the repair. If a contract for the provision of repair services is concluded within the 30 day period, the conditions of repair specified in the European Repair Information Form shall constitute an integral part of that contract.
2023/09/08
Committee: IMCO
Amendment 229 #

2023/0083(COD)

Proposal for a directive
Article 4 – paragraph 6 a (new)
6a. Member States shall ensure that producers inform consumers of their obligation pursuant to this Article and provide information on the repair services in an easily accessible, clear and comprehensible manner, for example through the European Repair Information Form mentioned in this Article.
2023/09/08
Committee: IMCO
Amendment 233 #

2023/0083(COD)

Proposal for a directive
Article 5 – paragraph 1
1. Member States shall ensure that upon the consumer’s request, the producer shall repair, for free or against a price or another kind of consideration, goods for which and to the extent that reparability requirements are provided for by Union legal acts as listed in Annex II. The producer shall not be obliged to repair such goods where repair is impossible. The producer may sub-contract repair, unless a more cost-effective and environment- friendly option is available and accepted by the consumer. The responsible entity shall not be obliged to repair such goods where repair is impossible, for instance, when the producer ceased its operations, technically or economically unfeasible. The producer may sub-contract repair or if accepted by the consumer, offer refurbished good as a replacement, for free or against a price or another kind of consideration, in order to fulfil its obligation to repair.
2023/09/08
Committee: IMCO
Amendment 248 #

2023/0083(COD)

Proposal for a directive
Article 5 – paragraph 2
2. Where the producer obliged to repair pursuant to paragraph 1 is established outside the Union, its authorised representative in the Union shall perform the obligation of the producer. Where the producer has no authorised representative in the Union, the importer of the good concerned shall perform the obligation of the producer. Where there is no importer, the distributor of the good concerned shall perform the obligation of the producer. Where the distributor or importer are aware that repair is impossible, for instance, when the producer ceased its operations, the importer shall provide this information to the distributor, and distributor to the consumer before purchase of the product in a clear and unambiguous manner.
2023/09/08
Committee: IMCO
Amendment 262 #

2023/0083(COD)

Proposal for a directive
Article 5 – paragraph 3
3. Producers shall ensure that independent repairers, remanufacturers, refurbishers and consumers have access to spare parts and repair-related information and tools in accordance with the Union legal acts listed in Annex II.
2023/09/08
Committee: IMCO
Amendment 268 #

2023/0083(COD)

Proposal for a directive
Article 5 – paragraph 3 a (new)
3a. Producers shall not impede the use of compatible parts manufactured by third party providers that comply with EU standards and safety regulations.
2023/09/08
Committee: IMCO
Amendment 269 #

2023/0083(COD)

Proposal for a directive
Article 5 – paragraph 3 b (new)
3b. Upon request, producers shall inform the third party manufacturer of the spare parts regarding non- discriminatory, minimum qualitative requirements regarding the spare parts concerning safety or cybersecurity functions of the device. Subject to derogation to paragraph 3a of this Article, such a requirement may be established by the producer in order to maintain the integrity and high quality of the device.
2023/09/08
Committee: IMCO
Amendment 271 #

2023/0083(COD)

Proposal for a directive
Article 5 – paragraph 3 c (new)
3c. Subject to limitation set out in paragraph 3b, producers shall not implement any contractual, hardware or software technique preventing use of spare parts manufactured by a third party. Producers shall not implement any contractual, hardware or software technique preventing or limiting independent repair outside of their authorised networks nor refuse to repair the good on the basis that it was previously repaired outside its authorised service or distribution network.
2023/09/08
Committee: IMCO
Amendment 287 #

2023/0083(COD)

Proposal for a directive
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure that at least one online platform exists for their territory that allows consumers to find repairersfacilitate and encourage private entities to establish at least one online platform within their territory that allows consumers to find repairers. Member States may in particular consider: (a) supporting the compliance with administrative and technical requirements set out in the national and Union laws; (b) introducing mechanisms for full digitalisation of administrative operations, coupled with fast-track administrative procedures to expedite the establishment and operation of such platforms; (c) providing fiscal incentives, such as tax credits, reductions, or exemptions, specifically tailored for entities operating or initiating online repair platforms; (d) offering direct financial support, which can be in the form of grants, low- interest loans, or other financing models, to catalyse the launch and sustainability of these platforms; (e) promoting partnerships between new platforms and established institutions, whether educational or technical, to foster innovation and quality assurance in repair services; 1a. That platform shall:
2023/09/08
Committee: IMCO
Amendment 292 #

2023/0083(COD)

Proposal for a directive
Article 7 – paragraph 1 – point a
(a) include search functions regarding goods, location of repair services and possibility to provide cross border services, repair conditions, including the time needed to complete the repair, the availability of temporary replacement goods and the place where the consumer hands over the goods for repair, availability and conditions of ancillary services, including removal, installation and transportation, offered by repairers, and applicable European or national quality standards;
2023/09/08
Committee: IMCO
Amendment 296 #

2023/0083(COD)

Proposal for a directive
Article 7 – paragraph 1 – point f a (new)
(fa) allow for a search function by product category to find sellers of goods subject to refurbishment and purchasers of defective goods for refurbishment;
2023/09/08
Committee: IMCO
Amendment 297 #

2023/0083(COD)

Proposal for a directive
Article 7 – paragraph 2
2. Member States shall ensure that the online platform also includes a search function by product category to find sellers of goods subject to refurbishment and purchasers of defective goods for refurbishment.deleted
2023/09/08
Committee: IMCO
Amendment 303 #

2023/0083(COD)

Proposal for a directive
Article 7 – paragraph 3
3. Registration on the online platform for repairers, suppliers of spare parts as well as for sellers of goods subject to refurbishment and for purchasers of defective goods for refurbishment, shall be voluntary. Member States shall determine the access to the platform in accordance with Union law. The use of the online platform shall be free of direct charges for consumers.
2023/09/08
Committee: IMCO
Amendment 310 #

2023/0083(COD)

Proposal for a directive
Article 7 a (new)
Article 7a Principle of the free provision of repair services 1. Member States shall avoid introducing disproportionate qualification requirements for professional repair services in line with Directive (EU) 2018/958; 2. Member States shall not reject the provision of repair services by the provider established in another Member State nor impede its operations by conducting checks, inspections or investigations which are discriminatory or disproportionate.
2023/09/08
Committee: IMCO
Amendment 332 #

2023/0083(COD)

Proposal for a directive
Article 12
Amendment to Directive (EU) 2019/771 In Article 13(2) of Directive (EU) 2019/771 the following sentence is added: ‘ In derogation from the first sentence of this paragraph, where the costs for replacement are equal to or greater than the costs for repair, the seller shall repair the goods in order to bring those goods in conformity. ’rticle 12 deleted
2023/09/08
Committee: IMCO
Amendment 360 #

2023/0083(COD)

Proposal for a directive
Article 14 a (new)
Article 14a Evaluation report 1. By [5 years after the application of this Directive], the Commission shall carry out an evaluation of this Directive and assess: (a) its contribution, and in particular Articles 5, 9a and 12, to the proper functioning of the internal market, consumer welfare, the improvement of the environmental sustainability of products as well as a summary of positive and negative effects on businesses, including costs of operations, in particular for small and medium-sized enterprises; (b) the effectiveness of online platforms for repair based on data from individual Member States, containing information on the number of active repair service providers, consumers and the number of transactions performed. 3. The Commission shall draw up a report on the main findings and submit it to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall assist the Commission with the information necessary for the preparation of that report. 4. The report shall be accompanied, where appropriate, by a legislative proposal.
2023/09/08
Committee: IMCO
Amendment 216 #

2023/0053(COD)

Proposal for a directive
Recital 15 a (new)
(15a) In view of the increasing number of micro-mobility vehicles, the high number of road accidents associated with them and the poor use of safety equipment, it is proposed to carry out a detailed analysis of the benefits that could result from the introduction of an AM licence for users of electric scooters and electric bicycles in order to improve road safety.
2023/09/26
Committee: TRAN
Amendment 224 #

2023/0053(COD)

Proposal for a directive
Recital 16 a (new)
(16a) The assessment of a driver's fitness to drive safely should be made on the basis of precise criteria, taking into account in particular medical conditions. Decisions on the restriction or withdrawal of driving licences should be taken on an individual basis and should be based on the objective results of examinations and tests. Any form of discrimination against licensed drivers solely on the grounds of age should be unacceptable.
2023/09/26
Committee: TRAN
Amendment 225 #

2023/0053(COD)

Proposal for a directive
Recital 16 b (new)
(16b) The right to a driving licence is a guarantee of freedom of movement and participation in economic and social life, especially in rural, less urbanised areas with a limited public transport network. Particularly for the elderly, the lonely, persons with reduced mobility or persons with disabilities, individual transport is an important element in supporting their independent and autonomous functioning. Restrictions on the right to hold a driving licence must be based on objective criteria determined on an individual basis and must not entail the risk of discrimination.
2023/09/26
Committee: TRAN
Amendment 277 #

2023/0053(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 9 a (new)
(9a) ‘e-scooter’ means a vehicle with a deck on two wheels (set one behind the other), a motor powered by an electric battery, a steering column, and a set of handlebars
2023/09/26
Committee: TRAN
Amendment 312 #

2023/0053(COD)

Proposal for a directive
Article 6 – paragraph 1 – point a – paragraph 2 – indent 1
– two-wheel vehicles or three-wheel vehicles with a maximum design speed of not more than 45 km/h (excluding those with a maximum design speed under or equal to 25 km/h);
2023/09/26
Committee: TRAN
Amendment 314 #

2023/0053(COD)

Proposal for a directive
Article 6 – paragraph 1 – point a – paragraph 2 – indent 2 a (new)
– e-scooters;
2023/09/26
Committee: TRAN
Amendment 459 #

2023/0053(COD)

Proposal for a directive
Article 10 – paragraph 2 – subparagraph 6
Member States shall reduce the periods of administrative validity set out in the first subparagraph to five years or less for driving licences of holders residing on their territory having reached the age of 70, in order to apply an increased frequency of medical checks or other specific measures, including refresher courses. This reduced period of administrative validity shall only be applied upon renewal of the driving licence.deleted
2023/09/26
Committee: TRAN
Amendment 778 #

2023/0053(COD)

Proposal for a directive
Annex III – point 13 – paragraph 2 – point 1 – point c
(c) severe behavioural problems, ageing-linked behavioural problems; or personality impairments leading to seriously impaired judgment, behaviour or adaptability,
2023/09/25
Committee: TRAN
Amendment 34 #

2023/0042(COD)

Proposal for a regulation
Recital 8
(8) In order to contribute to the reduction in net greenhouse gas emissions of at least 55 % by 2030 compared to 1990 and in conformity with the energy efficiency first principle, it is necessary to strengthenassess the reduction requirements set out in Regulation (EU) 2019/1242 for heavy-duty vehicles. A clear pathway also needs to be set for further reductions beyond 2030 to contribute to achieving the climate neutrality objective by 2050.
2023/06/09
Committee: TRAN
Amendment 38 #

2023/0042(COD)

Proposal for a regulation
Recital 9
(9) The strengthened CO2 emission reduction requirements should incentivise an increasing share of zero-emission vehicles being deployed on the Union market whilst providing benefits to users and citizens in terms of air quality and energy savings, as well as ensuring that innovation in the automotive value chain can be maintained. Zero-emission vehicles currently include battery electric vehicles, fuel-cell and other hydrogen-powered vehicles, and technological innovations are continuing.
2023/06/09
Committee: TRAN
Amendment 46 #

2023/0042(COD)

Proposal for a regulation
Recital 10
(10) Against that background, new strengthened CO2 emission reduction targets should be set for new heavy-duty vehicles for the period 2030 onwards. Those targets should be set at a level that will deliver a strong signal to accelerateconsistent with the availability of enabling conditions, namely sufficiently dense network of alternative fuels infrastructure, with the aim of promoting the uptake of zero-emission vehicles on the Union market and to stimulate innovation in zero-emission technologies in a cost- efficient way.
2023/06/09
Committee: TRAN
Amendment 77 #

2023/0042(COD)

Proposal for a regulation
Recital 14 a (new)
(14a) Recital 14 new . This regulation aims to accelerate the transition towards carbon neutral mobility according to the principle of technology neutrality. To complement the efforts towards an increasing availability of zero emission vehicles, a mechanism based on a carbon correction factor is introduced to duly account for the contribution from the use of sustainable renewable transport fuels when assessing the compliance with CO2 emissions reductions of newly registered heavy-duty vehicles.
2023/06/09
Committee: TRAN
Amendment 80 #

2023/0042(COD)

Proposal for a regulation
Recital 15
(15) Due to the heterogeneous structure of the total truck fleet, it is not possible to fully predict whether for all niche uses, technological developments will be quick enough to ensure that zero-emission tailpipe technology is a viable choice. This may include uses such as long-haul heavy- duty vehicles in specific territorial morphology and meteorological circumstances, coaches and lorries for critical security and safety applications that cannot be fulfilled by zero-emission tailpipe technologies. The vehicles in question should constitute a limited share of the entire heavy-duty vehicle fleet. In view of such considerations, some margin in the 2040 target should be left to accommodate developments in technology yet to occur. It is important to assess the full life-cycle CO2 emissions from heavy- duty vehicles at Union level. To that end, the Commission should evaluate, not later than one year after the entry into force of the regulation, the possibility of developing a common Union methodology for the assessment and the consistent data reporting of the full life-cycle CO2 emissions of heavy-duty vehicles that are placed on the Union market. The Commission should adopt follow-up measures, including, where appropriate, legislative proposals.
2023/06/09
Committee: TRAN
Amendment 84 #

2023/0042(COD)

Proposal for a regulation
Recital 15 a (new)
(15a) Following consultation with stakeholders, at the latest one year after the entry into force of the regulation, the Commission should make a proposal for registering heavy-duty vehicles running exclusively on CO2 neutral fuels for compliance purposes in conformity with EU law and with the Union’s climate neutrality objective.
2023/06/09
Committee: TRAN
Amendment 101 #

2023/0042(COD)

Proposal for a regulation
Recital 21 – paragraph 5
Vocational vehicles, such as garbage trucks, tippers or concrete mixers, should continue to be exempted from the calculation of average specific CO2 emissions of manufacturers. On the other hand, zero-and-Low emission vocational vehicles could be used for the purpose of this Regulation and for the purpose of determining manufacturer’s compliance with its specific CO2 emissions targets.
2023/06/09
Committee: TRAN
Amendment 105 #

2023/0042(COD)

Proposal for a regulation
Recital 23
(23) For the purposes of the newly introduced transfer of vehicles between manufacturers and of establishing an exemption for manufacturers producing only few vehicles, a definition of the term of ‘group of connected entities’ should be added to Regulation (EU) 2019/1242, in substance following the terminology used in Regulation (EU) 2019/631 of the European Parliament and of the Council20 for light-duty vehicles. __________________ 20 Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13).deleted
2023/06/09
Committee: TRAN
Amendment 115 #

2023/0042(COD)

Proposal for a regulation
Recital 28
(28) The zero- and low-emission factor should last be applied for the reporting period of the year 20239, because it is no longer considered necessary after that time as an incein order to contivnue to promote the market entrance of zero-emission vehicles in the HDV sector.
2023/06/09
Committee: TRAN
Amendment 122 #

2023/0042(COD)

Proposal for a regulation
Recital 29
(29) As commercial rather than legal entities should be considered for compliance, economically connected manufacturers should, within certain limits, be allowed to transfer vehicles between them for the purposes of accounting these vehicles under Regulation (EU) 2019/1242.deleted
2023/06/09
Committee: TRAN
Amendment 132 #

2023/0042(COD)

Proposal for a regulation
Recital 42 a (new)
(42a) This regulation aims to accelerate the transition towards carbon neutral mobility in a technologically neutral way. As a complement to the efforts towards an increasing availability of zero emission vehicles, a mechanism based on a carbon correction factor is introduced to duly account the contribution from the use of sustainable renewable transport fuels including biofuels, biomass fuels as well as RFNBOs when assessing the compliance with CO2 emissions reductions of newly registered heavy-duty vehicles.
2023/06/09
Committee: TRAN
Amendment 137 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Regulation (EU) 2019/1242
Article 2 – point b
(b) N1, which do not fall under Regulation (EU) 2019/631, N22 with a technically permissible maximum laden mass above 5 tons and N3;
2023/06/09
Committee: TRAN
Amendment 140 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Regulation (EU) 2019/1242
Article 2 – after point c
(ca) It shall also apply, for the purposes of this Regulation, to zero-and-low emission vocational vehicles.
2023/06/09
Committee: TRAN
Amendment 163 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point i
Regulation (EU) 2019/1242
Article 3 – point 23 a (new)
(23a) CO 2 Neutral Fuel’ means a renewable and/or synthetic fuel as defined by Directive 2018/2001 including biofuel, biogas, biomass fuel, Renewable liquid and gaseous transport Fuel of Non Biological Origin RFNBO or a Recycled Carbon Fuel RCF, where the emissions of the fuel in use ( e u ) is taken to be net zero. Other renewable and/or synthetic fuels not listed in Directive 2018/2001 can fulfil this definition provided that they meet the above criteria and the sustainability criteria of said Directive and associated delegated acts. (23b) ‘Carbon Correction Factor (CCF)’ means a factor which applies a correction to the CO2 tailpipe emissions of vehicles for compliance assessment, to reflect the GHG emission intensity and the share of CO 2 Neutral fuels, as defined in Article 3 (23a) of this Regulation.
2023/06/09
Committee: TRAN
Amendment 165 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point j
Amendments to Regulation (EU) 2019/1242
Article 3 – new paragraph
(j) the following paragraph is added: ‘ For the purposes of this Regulation, ‘a group of connected manufacturers’ means a manufacturer and its connected undertakings. ‘Connected undertaking’ means: (a) manufacturer has, directly or indirectly: (i) half the voting rights; or (ii) half the members of the supervisory board, board of management or bodies legally representing the undertaking; or (iii) undertaking’s affairs; (b) indirectly have, over the manufacturer, the rights or powers referreddeleted undertakings in which the the power to exercise more than the power to in appoint (a); (c) undertaking referred to in point (b) has, directly or indirectly, the rights or powers referred to in point (a); (d) manufacturer together with one or more of the undertakings referred to in point (a), (b) or (c), or in which two or more of the latter undertakings, jointly have the rights or powers referred to in point (a); (e) or the powers referred to in point (a) are jointly held by the manufacturer or one or more of its connected undertakings referred to in points (a) to (d) and one or more third parties.; ’more than the right to manage the undertakings which directly or undertakings in which an undertakings in which the undertakings in which the rights
2023/06/09
Committee: TRAN
Amendment 168 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Amendments to Regulation (EU) 2019/1242
Article 3 a – point b
(b) for all vehicle sub-groups for the reporting periods of the years 2030 to 2034 by 4530 %,
2023/06/09
Committee: TRAN
Amendment 178 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3 a – point c
(c) for all vehicle sub-groups for the reporting periods of the years 2035 to 2039 by 650 %,
2023/06/09
Committee: TRAN
Amendment 185 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3 a – point d
(d) for all vehicle sub-groups for the reporting periods of the years 2040 onwards by 970%.
2023/06/09
Committee: TRAN
Amendment 195 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3 b – paragraph 1
1. For vehicles referred to in point 4.2 of Annex I, manufacturers shall comply with the minimum shares of zero-emission vehicles in their fleet of new heavy-duty vehicles as laid down in point 4.3 of Annex I. For new urban buses the share of zero- emissions vehicles shall be 80% as from the reporting period of the year 2030 and 100% as from the reporting period of the year 20305.;
2023/06/09
Committee: TRAN
Amendment 219 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2019/1242
Article 4 – paragraph 1 – point a
(a) the data reported for the manufacturer’s new heavy-duty vehicles registered in the preceding reporting period;, including zero-and-low emission vocational vehicles and;
2023/06/09
Committee: TRAN
Amendment 222 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EU) 2019/1242
Article 4 – paragraph 1 – point b a (new)
(5a) in Article 4, first paragraph, the following point (ba) is inserted: ‘(ba) the application of the Carbon Correction Factor (CCF) determined in accordance with point 7 of Annex I.’
2023/06/09
Committee: TRAN
Amendment 226 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 b (new)
Regulation (EU) 2019/1242
Article 4 a (new)
(5b) the following Articles 4a is inserted: Following consultation with stakeholders, at the latest one year after the entry into force of the regulation, the Commission shall develop a methodology for registering heavy-duty vehicles running exclusively on CO2 neutral fuels for compliance purposes in conformity with EU law and with the Union’s climate neutrality objective.
2023/06/09
Committee: TRAN
Amendment 230 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a
Regulation (EU) 2019/1242
Article 1 – paragraph 6 – point a
Starting from 1 July 2020 and for each subsequent reporting period until the reporting period of the year 2029, the Commission shall determine for each manufacturer the zero- and low-emission factor for the preceding reporting period.
2023/06/09
Committee: TRAN
Amendment 234 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point c
Regulation (EU) 2019/1242
Article 5 – paragraph 4
4. The zero-emission and low- emission factor shall reduce the average specific CO2 emissions of a manufacturer by a maximum of 310 %. The contribution to that factor of the zero-emission vehicles of category N, other than those in vehicles sub-groups 4-UD, 4-RD, 4-LH, 5-RD, 5- LH, 9-RD, 9-LH, 10-RD, 10-LH, shall reduce the average specific CO2 emissions of a manufacturer by a maximum of 1,53 %.;
2023/06/09
Committee: TRAN
Amendment 238 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) 2019/1242
Article 6 a – paragraph 1 – point b
(b) for the transfer of vehicles other than zero-emission vehicles, the transferring and the receiving manufacturer must belong to a group of connected manufacturers;deleted
2023/06/09
Committee: TRAN
Amendment 245 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d
Regulation (EU) 2019/1242
Article 7 – paragraph 1 – subparagraph 4
Emission credits and emission debts acquired in the reporting periods of the years 2025 to 2039 shall, where applicable, be carried over from one reporting period to the next reporting period. However, any remaining emission debts shall be cleared in the reporting periods of the year 2029, 2034 and 2039.;
2023/06/09
Committee: TRAN
Amendment 249 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point c
Regulation (EU) 2019/1242
Article 8 – paragraph 2 – point a
(a) where, in any of the reporting periods of the years 2025 to 2028, 2030 to 2033, 2035 to 2038 the sum of the emission debts reduced by the sum of the emission credits exceeds the emission debt limit referred to in Article 7(1), third subparagraph;
2023/06/09
Committee: TRAN
Amendment 252 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point c
Regulation (EU) 2019/1242
Article 8 – paragraph 2 – point b
(b) where, in the reporting period of the years 2029, 2034, 2039 and 2040 the sum of the emission debts reduced by the sum of the emission credits is positive;deleted
2023/06/09
Committee: TRAN
Amendment 260 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 18
Amendments to Regulation (EU) 2019/1242
Article 15 – paragraph 1 a (new)
The Commission shall, as early as possible but at the latest one year after the entry into force of the regulation, evaluate the possibility of developing a common Union methodology for the assessment, and the consistent data reporting, of the full life-cycle CO2 emissions of new heavy-duty vehicles that are placed on the Union market. The Commission shall transmit that evaluation, including where appropriate proposals for follow-up measures, such as legislative proposals, to the European Parliament and to the Council.
2023/06/09
Committee: TRAN
Amendment 262 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 18
Regulation (EU) 2019/1242
Article 15 – paragraph 1
The Commission shall, in 20287, review the effectiveness and impact of this Regulation and submit a report to the European Parliament and to the Council with the result of the review. The Commission shall report to the European Parliament and to the Council on the state of the enabling conditions for the market adoption of zero-emission heavy-duty vehicles in the Union. In this report, the Commission shall assess in particular, but not limited to, the following elements: (a) registrations of zero-emission heavy-duty vehicles in Member States, (b) the deployment of charging and refuelling infrastructure suitable for heavy-duty vehicles in Member States [REFERENCE TO XXX AFIR], (c) the implementation of road user charges differentiated by CO2 emissions in Member States [REFERENCE TO XXX Eurovignette] (d) the level of the average price of allowances under the new the emissions trading system covering road transport [REFERENCE TO XXX ETS2] (e) other measures that support the uptake of zero-emission heavy-duty vehicles. Based on the results of the above assessment and on the evidence of lack of any of the above of conditions, the CO2 targets should be reviewed and excess CO2 emissions premiums according to Art. 8 of this Regulation be waived.
2023/06/09
Committee: TRAN
Amendment 277 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point a
Regulation (EU) 2019/1242
Article 17
The power to adopt delegated acts referred to in Article 3b, Article 4a, Article 11(2), Article 13(4) second subparagraph, Article 13c(3), Article 13d(2), Article 13e(4), Article 13f(2) and Article 14(1) shall be conferred on the Commission for a period of five years from [OP, please insert the date of entry into force of this Regulation].;
2023/06/09
Committee: TRAN
Amendment 279 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point b
Regulation (EU) 2019/1242
Article 17 – paragraph 3
The delegation of power referred to in Article 4a, Article 11(2), Article 13(4) second subparagraph, Article 13c(3), Article 13d(2), Article 13e(4), Article 13f(2) and Article 14(1) may be revoked at any time by the European Parliament or by the Council.;
2023/06/09
Committee: TRAN
Amendment 281 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point c
Regulation (EU) 2019/1242
Article 17 – paragraph 6
(c) in paragraph (6), “Article 4a, Article 11(2), the second subparagraph of Article 13(4) and Article 14(1)” is replaced by the following: “Article 11(2), Article 13(4) second subparagraph, Article 13c(3), Article 13d(2), Article 13f(2) and Article 14(1)”;
2023/06/09
Committee: TRAN
Amendment 295 #

2023/0042(COD)

Proposal for a regulation
Annex I – point 2 – point 2.1
2.1. Calculation of the specific CO2 emissions of a new heavy-duty vehicle The specific emissions in g/km of a new heavy-duty vehicle v attributed to a sub- group sg or of its primary vehicle shall be calculated in accordance with the following formula: 𝐶𝑂2𝑣 = ∑𝑚𝑝𝑊𝑠𝑔,𝑚𝑝 × 𝐶𝑂2𝑣,𝑚𝑝 × (𝟏 ― 𝑪𝑪𝑭𝒊 ) 𝐶𝑂2p𝑣 = ∑𝑚𝑝𝑊𝑠𝑔,𝑚𝑝 × 𝐶𝑂2p𝑣,𝑚𝑝 × (𝟏 ― 𝑪𝑪𝑭𝒊 ) Where, ∑𝑚𝑝 is the sum over all mission profiles mp listed in Table 2; sg is the sub-group to which the new heavy-duty vehicle v has been attributed according to Section 1 of this Annex; Wsg,mp, is the mission profile weight specified in points 2.1.1 to 2.1.3; CO2v,mp is the CO2 emissions in g/km of the new heavy-duty vehicle v determined for a mission profile mp, reported in accordance with Articles 13a and 13b and normalised pursuant to Annex III; CO2pv,mp is the CO2 emissions in g/km of the primary vehicle of the new heavy- duty vehicle v, determined for a mission profile mp, reported in accordance with Articles 13a and 13b; CCFi is the Carbon Correction Factor for the fuel or blend of fuels in use i, as defined in Article 3 point (25) and calculated according to paragraph 7 of this Annex For zero-emissions motor vehicles the values of CO2v,mp and CO2pv,mp shall be set to 0.
2023/06/09
Committee: TRAN
Amendment 297 #

2023/0042(COD)

Proposal for a regulation
Annex I – point 2 – point 2.1.1
Vehicle Mission profile (mp)** sub- group (sg)* RDL RDR LHL LHR UDL UDR REL, MUL MUR COL COR RER, LEL, LER 53 0,2508 0,2579 0 0 0,025 0,2511 0 0 0 0 0 54 0,2508 0,2579 0 0 0,025 0,2511 0 0 0 0 0
2023/06/09
Committee: TRAN
Amendment 302 #

2023/0042(COD)

Proposal for a regulation
Annex I – point 2 – point 2.2
[…] Where, ∑𝑣 is the sum over all new heavy-duty vehicles of the manufacturer in the sub-group sg, subject toincluding zero-and-low vocational vehicles, subject to the provisions of Article 7b; CO2v is the specific CO2 emissions of the new heavy-duty vehicle v determined in accordance with point 2.1; CO2pv is the specific CO2 emissions of the primary vehicle of the new heavy- duty vehicle v determined in accordance with point 2.1; Vsg is the number of new heavy-duty vehicles of the manufacturer, in including zero-and-low vocational vehicles in subgroup sg; Vpvsg the number of new heavy-duty vehicles within the sub-group sg, which pursuant to Article 7b shall be accounted for with the CO2 emissions of their primary vehicles in the calculation of the average specific CO2 emissions of point 2.2.3.; PLsg is the average payload of vehicles in the sub-group sg as determined in point 2.5. PNsg is the average passenger number of vehicles in the sub-group sg as determined in point 2.5.
2023/06/09
Committee: TRAN
Amendment 316 #

2023/0042(COD)

Proposal for a regulation
Annex I – point 2 – point 2.4
[…] Where, Vzevsg is the number of new zero-emissions heavy-duty vehicles of the manufacturer in a subgroup sg; Vpvsg the number of new heavy-duty vehicles within the sub-group sg, which pursuant to Article 7b shall be accounted for with the CO2 emissions of their primary vehicles in the calculation of the average specific CO2 emissions of point 2.2.; Vsg is the number of new heavy-duty vehicles of the manufacturer in a, including zero-and-low vocational vehicles, in a subgroup sg; V is the number of new heavy-duty vehicles of the manufacturer. , including zero-and-low vocational vehicles.
2023/06/09
Committee: TRAN
Amendment 328 #

2023/0042(COD)

Proposal for a regulation
Annex I – point 4 – point 4.2 –table
X = 2025 X= NO X = MCO2 X= MZE vehicle sub-groups, subject sub-groups of sub-groups of sub-groups of transport of to CO2 emissions targets transport of transport of persons vehicles, subject to according to Article 3a goods vehicles, persons zero-emissions vehicle targets persons vehicles, subject to to CO2 emissions targets transport of transport of zero-emissions vehicle targets according to Article 3a goods vehicles, persons according to Article 3b paragraph 1 (a) subject to CO2 vehicles, according to Article 3b emissions subject to CO2 targets emissions according to targets Article 3a according to paragraphs Article 3a 1(b), 1(c) and paragraphs 1(d) and 1(b), 1(c) and paragraph 3 1(d) 4-UD, 4-RD, 4-LH, 5-RD, All vehicle sub- 32-C 31-L2, 32-C32, 31-LF, 31-L1, 31-L2DD, 31-DD3-LF, 5-LH, 9-RD, 9-LH, 10-RD, groups referred 32-DDC3, 34-C22-DD, 33-LF1, 33-L1DD, 33-L2, 33-DD,5-FE, 39-FE 10-LH to in points 34-C3, 34-DD, 35-FE, 39-FE 33-L2 34-C2, 1.1.1 and 1.1.3. 34-C3, 34-DD,
2023/06/09
Committee: TRAN
Amendment 333 #

2023/0042(COD)

Proposal for a regulation
Annex I – point 4 – point 4.3.1 – table
CO2 reduction targets rfsg and rfpsg Sub-groups sg Reporting period of the years 2025 – 2029 2030 – 2034 2035 – 2039 As from 2040 2040 Medium lorries 53, 54 0 43% 6415% 9 50% 70% Heavy lorries > 7,4t 1s, 1, 2, 3 0 43 30% 64% 50% 970% Heavy lorries > 16 t 4-UD, 4-RD, with 4x2 and 6x4 axle 4-LH, 5-RD, 15% 43% 64% 90% with 4x2 and 6x4 axle 4-LH, 5-RD, 15% configurations 5-LH, 9-RD, 30% 50% 70% 9-LH, 10-RD, 10-LH Heavy lorries > 16 t 11, 12, 16 0 with special axle 43 30% 6450% 970% configurations Coaches (rfsg) 32-C2, 32- 0 C3, 32-DD, 43 15% 64% 50% 970% 34-C2, 34- C3, 34-DD Primary vehicles of 32-C2, 32- 0 0 coaches (rfpsg) C3, 32-DD, 43% 64%15% 90%50% 70% 34-C2, 34- C3, 34-DD Trailers 0 7,5% 7,5% 7,5% Semi-trailers 0 0 15% 15% 15% 15%
2023/06/09
Committee: TRAN
Amendment 334 #

2023/0042(COD)

Proposal for a regulation
Annex I – point 4 – point 4.3.1 – table
CO2 reduction targets rfsg and rfpsg Sub-groups sg Reporting period of the years 2025 – 2029 2030 – 2034 2035 – 2039 As from 2040 Medium lorries 53, 54 0 43 15% 6450% 90% 70% Heavy lorries > 7,4t 1s, 1, 2, 3 0 43% 30% 64% 50% 970% Heavy lorries > 16 t 4-UD, 4-RD, 15% with 4x2 and 6x4 axle 4-LH, 5-RD, 43% 64% 90% 15% configurations 5-LH, 9-RD, 30% 50% 70% 9-LH, 10-RD, 10-LH Heavy lorries > 16 t 11, 12, 16 0 with special axle 43% 30% 64 50% 970% configurations Coaches (rfsg) and 32-C2, 32- 0 interurban busses C3, 32-DD, (rfsg) 34-C2, 34- 43% 64 15% 9 50% 70% C3, 34-DD,34-C2, 34- 31-L2, 33-L2C3, 34-DD Primary vehicles of 32-C2, 32- 0 0 coaches (rfpsg) C3, 32-DD, 43% 15% 64% 50% 90% 70% 34-C2, 34- C3, 34-DD Trailers 0 0 7,5% 7,5% 7,5% 7,5% Semi-trailers 0 0 15% 15% 15% 15%
2023/06/09
Committee: TRAN
Amendment 342 #

2023/0042(COD)

Proposal for a regulation
Annex I – point 4 – point 4.3.2 – table
Zero-emission vehicle mandates zevMsg Sub-groups sg Reporting period of the years before 2030 2030 – 2035 – 2039 As from 2034 2040 Urban heavy 31-LF, 31-L1, 31- 0 1080% 100% 100% buses DD, 33-LF, 33- L1, 33-DD, 35- FE, 39-FE, 31-L2, 33-L2
2023/06/09
Committee: TRAN
Amendment 351 #

2023/0042(COD)

Proposal for a regulation
Annex I – point 7(new)
7. CALCULATION OF THE CARBON CORRECTION FACTOR (CCF) For each fuel or blend of fuels i, the CCF shall be calculated according to the following method: 7.1. For CO2-Neutral Fuels, as defined in article 3 point (25) and used in compliance with Art. 4a, CCFi = 1; 7.2. For fuels other than CO2-Neutral Fuels, CCFi = 0; 7.3. For blends of CO2-Neutral Fuels and fuels other than CO2-Neutral Fuels, the CCF shall be calculated according to the following formula: 𝑺𝑯𝑨𝑹𝑬𝑺𝒏,𝒊 𝑺𝑯𝑨𝑹𝑬𝑺𝒏 ― 𝟏,𝒊 + 𝟏𝟎𝟎 𝟏𝟎𝟎 𝑪𝑪𝑭𝒊 = 𝟐 Where: CCFi is the Carbon Correction Factor for a specific blend of conventional and CO2-Neutral Fuel i SHARESn,i percentage of renewable fuel i reported in Shares database, referred to the last available reporting period n and calculated as the average share over all EU member states. SHARESn - 1,i percentage of renewable fuel i reported in Shares database, referred to the second last available reporting period n and calculated as the average share over all EU member states. The Shares database is accessible at: https://ec.europa.eu/eurostat/web/energy/data/shares
2023/06/09
Committee: TRAN
Amendment 3 #

2022/2014(INI)

Motion for a resolution
Citation 4 a (new)
— Having regard to the Commission Fitness Check of EU consumer law on digital fairness, which opened with a Call for Evidence launched on 17 May 2022
2022/06/27
Committee: IMCO
Amendment 34 #

2022/2014(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas online gaming is an important factor compared to other entertainment activities, as a Eurobarometer study from 2019 found 27% of Europeans play games online at least once per month compared to 48% who stream music and 47% who watch films or TV shows on online platforms. whereas those findings are relatively stable compared to results from 2015; whereas regular consumption of online games was skewed heavily towards young people, as 77% of 15-24 year olds are regular online gamers compared to 18% of over 55s;
2022/06/27
Committee: IMCO
Amendment 35 #

2022/2014(INI)

Motion for a resolution
Recital C b (new)
Cb. whereas online gaming functionalities rely on connectivity in order to provide a stable and high-quality experience; whereas respondents in countries such as Sweden, Poland and the Netherlands exceed 90% satisfaction with upload and download speeds of their internet connection, whereas for countries such as Germany, Romania and France more than 20% of respondents were unhappy with the speed of their service, while in Greece dissatisfaction exceeds 35%; whereas in rural areas dissatisfaction with internet service is 30% higher than in urban areas 1a _________________ 1a https://europa.eu/eurobarometer/surveys/ detail/2232
2022/06/27
Committee: IMCO
Amendment 44 #

2022/2014(INI)

Motion for a resolution
Recital E
E. whereas spending excessive amounts of time playing online video games can create addictions and lead to ‘gaming disorder’, and can also lead to consumer-protection related issues, in particular with regard to minorthe WHO have identified ‘gaming disorder’ as a possible health condition, characterised by impaired control over gaming, increasing priority given to gaming over other activities to the extent that gaming takes precedence over other interests and daily activities, and continuation or escalation of gaming despite the occurrence of negative consequences. whereas to qualify, the behaviour should be of sufficient severity to result in significant impairment in personal, family, social, educational, occupational or other important areas of functioning and would normally have been evident for at least 12 months; whereas the WHO cites studies that suggest that gaming disorder affects only a small proportion of people who engage in digital- or video-gaming activities;
2022/06/27
Committee: IMCO
Amendment 51 #

2022/2014(INI)

Motion for a resolution
Recital F
F. whereas a study of 600 children in the UK found that 36.40% of children have paid to open a loot box in an online game, 15% of those purchasing loot boxes, or around 5% of children, have used their parents’ money without permission to fund their loot box purchases, and 94% haveof children borrowed money they could not afford to pay back to spend on loot boxes3 ; _________________ 3 https://www.rsph.org.uk/about- us/news/over-1-in-10-young-gamers-get- into-debt-because-of-loot-boxes.html
2022/06/27
Committee: IMCO
Amendment 53 #

2022/2014(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas a study of 4,000 children from the United States found a wide range of purchasing habits amongst children surveyed on their relationship with video games; whereas amongst 13-14 year olds 48.5% reported that they played video games but did not purchase any loot boxes, 10.3% purchased 1-5 loot boxes, 4.0% purchased 6-10 loot boxes, 3.2% purchased 11-20 loot boxes, and 7.4% purchased more than 20 loot boxes in the past year; whereas amongst 16-17 year olds 43.0% reported that they played video games but did not purchase any loot boxes, 7.1% purchased 1-5 loot boxes, 2.8% purchased 6-10 loot boxes, 1.8% purchased 11-20 loot boxes, and 5.3% purchased more than 20 loot boxes in the past year;
2022/06/27
Committee: IMCO
Amendment 57 #

2022/2014(INI)

Motion for a resolution
Recital G
G. whereas 70%4 of parents use some form of parental control tool; whereas the majority of parents are concerned about the amount of time their children spends playing video games and the risks of exposure to harmful content, bullying, contact with adult strangers and in-game purchasesa study of parental attitudes towards media use by their children found that 97%4 of parents use some form of parental control in relation to their child's access to online content, including video games; whereas the study also found that almost six in ten were aware of parental controls built into the device by the manufacturer and 32% said they used them; whereas the majority of respondents also reported to have spoken to their children about staying safe online (79%), with almost half doing so at least once a month (44%); _________________ 4 https://www.ofcom.org.uk/__data/assets/pd f_file/0024/196413/concerns-and- experiences-online-harms-2020-chart- pack5/217825/children-and-parents- media-use-and-attitudes-report-2020- 21.pdf
2022/06/27
Committee: IMCO
Amendment 59 #

2022/2014(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas a study found that 75% of parents have an agreement with their child about in-game spending in relation to video games1a; _________________ 1a https://www.isfe.eu/wp- content/uploads/2021/12/GameTrack-In- Game-Spending-2020.pdf.pdf
2022/06/27
Committee: IMCO
Amendment 60 #

2022/2014(INI)

Motion for a resolution
Recital H
H. whereas 697% of parents in Europe are aware of the PEGI system and 69, 78% of them find the PEGI label useful in deciding whether or not to buy a game for their children5 ; _________________ 5 https://www.isfe.eu/wp- content/uploads/2021/10/2021-ISFE- EGDF-Key-Facts-European-video- games-sector-FINAL.pdfand 71% consider it to be trustworthy; whereas 73% of gamers in Europe are aware of the PEGI system, with 74% finding the label useful and 69% consider it to be trustworthy; whereas 87% of both parents and gamers find PEGI labels to be clear;
2022/06/27
Committee: IMCO
Amendment 62 #

2022/2014(INI)

I. whereas the time spent playing video games has increasednot fundamentally changed in recent years, with Europeans spending on average 9.5 hours a week playing video games in 2020, compared to 8.6 hours in 2019; 8.8 hours in 2018 and 9.2 hours in 20176 , even accounting for the COVID-19 pandemic; _________________ 6 https://www.isfe.eu/wp- content/uploads/2021/10/2021-ISFE- EGDF-Key-Facts-European-video-games- sector-FINAL.pdf.
2022/06/27
Committee: IMCO
Amendment 79 #

2022/2014(INI)

Motion for a resolution
Subheading -1 (new)
Online Video Games in the European Union
2022/06/27
Committee: IMCO
Amendment 80 #

2022/2014(INI)

Motion for a resolution
Subheading 1
1a. Bolstering consumer protection in online video games
2022/06/27
Committee: IMCO
Amendment 81 #

2022/2014(INI)

Motion for a resolution
Paragraph -1 (new)
-1. Underlines the value of video games for both online and offline play as popular entertainment enjoyed by significant numbers of Europeans, across all ages and Member States, and as a cultural expression of its creators, individual players and wider gaming communities;
2022/06/27
Committee: IMCO
Amendment 82 #

2022/2014(INI)

Motion for a resolution
Paragraph -1 a (new)
-1a. Emphasises that video games are a highly innovative digital sector in the European Union and the sector is responsible for 90,000 direct jobs in Europe; underlines that video games straddle both digital and cultural sectors, as video games also represent a crucial part of the cultural and creative ecosystem with it making up over 50% of the added- value of the overall EU market for audio- visual content;
2022/06/27
Committee: IMCO
Amendment 83 #

2022/2014(INI)

Motion for a resolution
Paragraph -1 b (new)
-1b. Recalls the importance of SMEs in the European video games value chain and the global prominence many European companies developing for console, PC and mobile gaming markets enjoy; expresses disappointment that such international success and cultural appeal is often overlooked when considering European leadership in digital technologies and services;
2022/06/27
Committee: IMCO
Amendment 84 #

2022/2014(INI)

Motion for a resolution
Paragraph -1 c (new)
-1c. Welcomes the launch of the pilot project proposed by the European Parliament entitled "Understanding the Value of a European Games Society", which aims to gather comprehensive data to support policy making affecting the sector; notes that some of the problems faced by the sector include talent development and retention, the impact of regulation in a global marketplace, access to finance and the social and cultural impacts of video games; further notes that such work shall be completed in 2023;
2022/06/27
Committee: IMCO
Amendment 85 #

2022/2014(INI)

Motion for a resolution
Paragraph -1 d (new)
-1d. 1aa (new). Recalls that consumers of video games enjoy protections already under European consumer law, including under the existing Unfair Commercial Practices Directive; Welcomes the Commission's Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market, which offers direction on the application of EU consumer law on in-game promotions and advertising, including to children, in- game purchases and the presence of paid random content;
2022/06/27
Committee: IMCO
Amendment 90 #

2022/2014(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the measures taken to better protect consumers; notes, however, the need for a single, coordinated approach between Member Statesgreater consistency between Member States in their enforcement of existing consumer law in order to avoid fragmentation of the single market and to protect European consumers;
2022/06/27
Committee: IMCO
Amendment 101 #

2022/2014(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the development and implementation of parental-control tools that help to filter content and video games by age, monitor time spent playing games, disable or limit online spending and restrict communications with others or the viewing of content created by other players; notes, however, that parents may find it difficult to use such tools, which reduces their effectiveness; calls for mechanisms to be put in place to exercise stricter parental control over the amount of time and money children spend on games, among other thingsrecalls that platform-level parental controls are not the only method used by parents to monitor and manage access to content by their children; notes, however, that parents may find it difficult to use such tools and encourages platforms to simplify steps needed to use those tools where parents wish to do so;
2022/06/27
Committee: IMCO
Amendment 107 #

2022/2014(INI)

Motion for a resolution
Paragraph 4
4. Points out that some video games offer their users the possibility to pay, sometimes even with real money, in order to obtain rewards through loot boxes; there are a variety of business models adopted in the video games sector; notes some video games operate on a free-to-play basis or with in- game purchases, including the option to obtain rewards through loot boxes; notes that games with an unfair pay-to-win model or which lock popular content behind paywalls have attracted negative reactions from gaming communities, leading to negative reviews and even changes to games prior or soon after their release;
2022/06/27
Committee: IMCO
Amendment 119 #

2022/2014(INI)

Motion for a resolution
Paragraph 5
5. Acknowledges that it has not yet been clearly establishedthe decision on whether loot boxes may be considered gambling in Europe; notes, however, that several rests with national authorities, in line with the competences of the Member States; notes that one Member States have considers classified loot boxes to beas gambling aund have adopted regulatory measures to ban them; er their national legislation; recalls on the Commission to analyse and determine whether or not loot boxes can be considered to be a gambling activity and, if so, to take the necessary steps to bring about a common European approachconclusions of the European Parliament study which recommended to consider paid random content as a consumer protection issue and the parallel activities of the European Commission in connection with the Unfair Commercial Practices Directive Guidance and other initiatives particularly aimed at the protection of children on the internet in general;
2022/06/27
Committee: IMCO
Amendment 127 #

2022/2014(INI)

Motion for a resolution
Paragraph 6
6. Points out that certain game designs used for in-game purchasing systems can be particularly harmful when targeted at minors; calls for such advertising to be banned when targeted at minorschildren; welcomes therefore the Guidance of the European Commission which underlines that existing law already can be used to tackle misleading practices, including in relation to in-game promotion and in-game purchases, the requirement to display prices in real- world currencies and advertising directed at children;
2022/06/27
Committee: IMCO
Amendment 144 #

2022/2014(INI)

Motion for a resolution
Paragraph 8
8. Stresses that consumers should have allenjoy rights concerning pre-contractual information, and should therefore be able to access the necessary information about an online video game before startprior to their initial purchase and ing to play it, as well as during the game, in terms of the multiple options for possible purchases while playing and ohe course of any in- game purchases while they play the game; welcomes the additional information provided under the PEGI system which provides content descriptors and age advisory notices to improve ther information that may be considered to be of interestavailable to consumers at their time of purchase;
2022/06/27
Committee: IMCO
Amendment 158 #

2022/2014(INI)

Motion for a resolution
Paragraph 9
9. Points out that once an item has been obtained in a video game, it cannot typically be exchanged for actual money; stresses that, above and beyond consumer protection issues, these services have led to money laundering; within normal gameplay; regrets that third-party stores seek to trade in in-game items, which is contrary to terms and conditions applied by video game publishers; recalls on the Commission to put an end to this practice; considers that the Digital Services Act may help mitigate this problem, in particulfinding of the European Parliament study into loot boxes that regulators and the industry have been largely successful in tackling the issue of "skin gambling", while for other forms of illegal exchange, which run contrary through the implementao the terms and conditions of the ‘know your business customer’ obligationpublishers, legal actions are taken against third-party platforms who break those terms;
2022/06/27
Committee: IMCO
Amendment 166 #

2022/2014(INI)

Motion for a resolution
Paragraph 10
10. Calls on the Commission to make a legislative proposal on online video gaming to establish a European regulatory framework with the aim of harmonising rules between Member States and better protecting players, in particular minorcontinue to monitor enforcement of existing consumer rules and to work together with national consumer protection authorities and collectively in the CPC format to better protecting players, in particular children, from unfair commercial practices and other infringements of their consumer rights;
2022/06/27
Committee: IMCO
Amendment 175 #

2022/2014(INI)

Motion for a resolution
Paragraph 11
11. Emphasises the importance of mental health, particularly that of minorschildren; stresses that the COVID-19 pandemic exacerbated the situation, causing fear, isolation and a feeling of insecurity; recalls for action to be taken by game developers to avoid problems the positive role that online connectivity played in ensuring that Europeans could still communicate, interact and create together, including via online video games; reminds that gaming can provide also safe and interactive avenues for individuals who experience social disconnection or isolation in real-life environments; notes more generally the opportunities and new perspectives offered by access to crelated to addictionive expression and cultural content, in particular for younger people;
2022/06/27
Committee: IMCO
Amendment 182 #

2022/2014(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Stresses that adequate online connectivity is essential for equal access to cultural products and entertainment services across the single market; notes that citizens in many Member States report dissatisfaction with their connectivity and that a disparity remains between rural and urban populations in the connectivity that is available to them; calls on the European Commission to continue to act to improve Europe's digital infrastructure, which supports not only the creative industries developing high-quality content, but the access of European citizens to those culturally significant titles;
2022/06/27
Committee: IMCO
Amendment 187 #

2022/2014(INI)

Motion for a resolution
Paragraph 12
12. StressesBelieves there is a risk that playing online video games excessively can have a negative impact on social relations, such as school drop-out, physical and mental health problems, and poor academic performance, twhile research also shows that video ngame but a few issues; calls for the strengthening of supervisory mechanisms for children and adolescents may have a positive impact, thus emphasising the need to strike a healthy balance, as with all types of consumption; underlines the need for national authorities to support parents implement their own rules or to use parental control tools in order to agree and manage, with their child, their child's consumption of digital content, including video games;
2022/06/27
Committee: IMCO
Amendment 198 #

2022/2014(INI)

Motion for a resolution
Paragraph 13
13. StressNotes that video game addiction, also known as ‘gaming disorder’, is a problem for somea small proportion players; notes that the World Health Organisation has classified ‘gaming disorder’ as a form of addiction;
2022/06/27
Committee: IMCO
Amendment 207 #

2022/2014(INI)

Motion for a resolution
Paragraph 14
14. Recalls that scientific research has shown that puberty and adolescence are periods in life when people are most at risk of addictive behaviour; calls for further collaborative work among video games developers and vendors to issue guidance and tools, as well as to work with stakeholders and agencies, publishers, platforms and the wider stakeholder community, including national authorities and the European Commission, to help mitigate the risk of ‘gaming disorders’;
2022/06/27
Committee: IMCO
Amendment 209 #

2022/2014(INI)

Motion for a resolution
Paragraph 15
15. Stresses that providers of online video games that are played by children should be required to conduct ex-ante child impact assessments based on the 4Cs framework for classifying risk;deleted
2022/06/27
Committee: IMCO
Amendment 219 #

2022/2014(INI)

Motion for a resolution
Paragraph 17
17. Notes that video games can be a useful tool during learning processes and that certainmany games are specifically designed for children's educational purposes; points out that video games are also used to develop critical thinking and stimulate creativity, to provoke debate about societal issues or to deepen understanding of historical or cultural events, among others; recalls that video games feature on national educational curricula; points out that video games are also used to develop critical thinking and stimulate creativity; stresses too that video games have continuing applications later in life, where they may offer mental stimulation and opportunities for connectivity for older persons;
2022/06/27
Committee: IMCO
Amendment 223 #

2022/2014(INI)

Motion for a resolution
Paragraph 18
18. Welcomes industry-led initiatives such as Pan European Game Information (PEGI); considers that such a rating system can be particularly beneficiaperforms well in providing information on the recommended minimum age and protecting minors from inappropriate game cage for playing a game, helping parents to select appropriate game content for their children; underlines that the rating system forms one part of the overall PEGI Code of Conduct, which collectively aims at ensuring a safe environtment for gamers; welcomes the functionupdated approach by PEGI which now informs consumers if a game includes paid random pay-to-play features; notes that some countries have made the PEGI system law and calls on the Commission to explore the possibilities for entrenching it in EU lawcontent; underlines that the presence of in-game paid content, including paid random content, does not preclude parents from managing access to that type of content, while permitting a child to access the base game that they judge to be age-appropriate; notes that some countries have made the PEGI system legally enforceable in relation to the purchase of games, while others recommend its use recognising its position as the industry standard in this area;
2022/06/27
Committee: IMCO
Amendment 230 #

2022/2014(INI)

Motion for a resolution
Paragraph 19
19. Encourages industry, independent expert partners, rating agencies and consumer associations to continue awareness-raising campaigns on the PEGI system and to remain responsive to adapt the rating system in response to developments in video games and their in- game content, to continue to facilitate parental choice;
2022/06/27
Committee: IMCO
Amendment 237 #

2022/2014(INI)

Motion for a resolution
Paragraph 20
20. Calls on the Commission to assess how PEGI systems are being implemented in the different types of games available on the market and across the Union and to propose concrete actions to ensure they are being used effectivelyEncourages wider adoption of the PEGI system by those industry players who do not currently use it, in particular where information provided on their platforms to parents is less detailed than is offered under the PEGI system;
2022/06/27
Committee: IMCO
Amendment 239 #

2022/2014(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Underlines that the PEGI system offers a recommendation to consumers, in particular parents, prior to purchase of the video game and does not establish a legal minimum age for access to that cultural good, even in countries where the PEGI system is incorporated into domestic law; cautions strongly against any such system of age verification related to access to content, in particular due to concerns relating to user privacy and discriminatory treatment compared to other forms of entertainment which may also have an age recommendation;
2022/06/27
Committee: IMCO
Amendment 242 #

2022/2014(INI)

Motion for a resolution
Paragraph 21
21. Calls on the Commission to develop a unique identity verification system that allows a player’s age to be verifideleted;
2022/06/27
Committee: IMCO
Amendment 248 #

2022/2014(INI)

Motion for a resolution
Paragraph 22
22. Calls on the Commission to develop and implement common labelling, harmonised across all EU countries, which sets out the necessary information for consumers in a transparent, understandable and accessible manner;deleted
2022/06/27
Committee: IMCO
Amendment 251 #

2022/2014(INI)

Motion for a resolution
Paragraph 23
23. Welcomes the recent political agreement reached on the Digital Services Act to update content moderation rules in Europe in order to better tackle illegal online content, including for video games; calls for it to be adopted and implemented swiftly;deleted
2022/06/27
Committee: IMCO
Amendment 254 #

2022/2014(INI)

Motion for a resolution
Paragraph 24
24. Draws attention to the fact that, in addition to illegal content, harmful content can also be disseminated in video games through in-game communication features; stresses that the video games industry must adopt appropriate measures and tools to protect all users from harmful content, in line with applicablerecalls that evidence suggests this is a less frequent occurrence than on other types of platforms but nevertheless notes that platforms should adopt appropriate measures in order to comply with relevant national and EU legislation which addresses this risk;
2022/06/27
Committee: IMCO
Amendment 14 #

2022/0365(COD)

Proposal for a regulation
Recital 4
(4) The technical requirements for the type-approval of motor vehicles, engines and replacement parts with regard to emissions (‘emission type-approval’) are currently set out in two Regulations that apply to emission type-approval for light- duty and heavy-duty vehicles respectively, i.e. Regulation (EC) No 715/2007 of the European Parliament and of the Council (‘Euro 6’)44 and Regulation (EC) No 595/2009 of the European Parliament and of the Council (‘Euro VI’)45 . The reason for having two Regulations was that the emissions of heavy-duty vehicles were checked based on engine testing, while for light-duty vehicles the basis was whole vehicle testing. Since then, methodologies have been developed that allow testing of both light- and heavy-duty vehicles on the road. It is therefore no longer necessary to base type-approval on engine testing. __________________ 44 Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1). 45 Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (OJ L 188, 18.7.2009, p. 1).
2023/06/01
Committee: IMCO
Amendment 16 #

2022/0365(COD)

Proposal for a regulation
Recital 5
(5) Incorporating the requirements laid down in Regulation (EC) No 715/2007 and Regulation (EC) No 595/2009 into a single Regulation should ensure internal coherence of the system of emission type- approvals for both light and heavy-duty vehicles, while allowing for different emission limits and testing parameters for such vehicles.
2023/06/01
Committee: IMCO
Amendment 20 #

2022/0365(COD)

Proposal for a regulation
Recital 7
(7) It is also necessary to reduce complexity, administrative and implementation costs for manufacturers and authorities and to ensure effective and efficient implementation of the Euro emission standards. Simplification is achieved by eliminating differentThe process of simplification involves removing various application dates for the limits and tests which existed underfound in Euro 6 and Euro VI, by eliminating multiple and complex emission tests where such tests are not needed, by referring toexcessive and convoluted emission tests, referencing relevant standards underfrom existing UN Regulations where applicable, and by ensurestablishing a streamlined and consistentstandardized set of procedures and tests for the various phases of the emission type- approval. all phases of emission type-approval. To this end, it is imperative that this regulatory act upholds the mobility rights of EU citizens, while ensuring freedom of choice in purchasing their preferred vehicle or engine. It is also essential to keep the prices of private and commercial vehicles affordable for citizens and businesses, to maintain industrial competitiveness and innovation, and to support job creation and skill development in the sector. To achieve these goals, the EU should offer dedicated financial resources and programs as the industry transitions towards carbon neutrality.
2023/06/01
Committee: IMCO
Amendment 21 #

2022/0365(COD)

Proposal for a regulation
Recital 7 a (new)
(7 a) The rising cost of living is the most pressing worry for 93% of European citizens according to the results of the European Parliament’s Autumn 2022 Eurobarometer1a. It is therefore vitally important to ensure affordable new vehicle prices for consumers and businesses as they provide essential mobility, and often represent the primary mode of transportation due to limited public transportation options, particularly in suburban and rural areas. In this context, the Commission's estimates of additional direct costs for vehicle categories appear incomplete, as they neglect to account for the indirect costs to consumers and the increased manufacturing expenditure associated with battery-electric vehicles, particularly battery durability. According to industry analysis, the actual average incremental direct costs of Euro 7, primarily driven by equipment and investment expenditures, significantly exceed the figures presented in the impact assessment. These higher estimates range from €2,000 per passenger car/light-duty vehicle to €12,000 per heavy-duty vehicle, representing a four to tenfold increase compared to the Commission's projections
2023/06/01
Committee: IMCO
Amendment 22 #

2022/0365(COD)

Proposal for a regulation
Recital 7 b (new)
(7 b) The Commission's impact assessment also overlooks the high indirect costs to consumers resulting from increased fuel consumption, especially for heavy-duty vehicles. These unaccounted outgoings could exceed the total costs reported in the Commission evaluation. Experts in the industry note that meeting the proposed Euro 7 requirements may lead to higher fuel consumption, including additional fuel required to warm up the catalytic converter during cold starts. This results in substantial additional indirect costs for consumers and logistics companies. For example, a heavy-duty vehicle with a mileage of around 1 million kilometres and a fuel consumption rate of 25 litres per 100 kilometres, with diesel priced at €2 per litre, would incur an extra cost of €17,500 over its lifetime due to a 3.5%-point fuel increase. Similarly, the fuel cost increase for passenger cars and light commercial vehicles under Euro 7 would amount to approximately €700 per vehicle1a. Moreover, the impact assessment fails to account for other factors that could escalate costs for consumers, such as new requirements related to reducing tyre abrasion emissions, higher charges associated with battery-electric vehicles, and potential limitations in entry-level vehicle choices for consumers.
2023/06/01
Committee: IMCO
Amendment 26 #

2022/0365(COD)

Proposal for a regulation
Recital 8
(8) In order to ensure that the exhaust emissions for both light and heavy -duty vehicles are limited in real life, testing vehicles in real conditions of use with a minimumacross a statistically representative, non-biased set of restrictions, boundaries and other driving requirements and not only in the laboratory is required.
2023/06/01
Committee: IMCO
Amendment 29 #

2022/0365(COD)

Proposal for a regulation
Recital 9
(9) The accuracy of the portable emission measurement equipment used for measuring the emissions of vehicles used on the road has improved significantly since their introduction. It is therefore appropriate to base the emission limits on such on-road measurements and therefore on-road testing no longer requires the use of conformity factors.deleted
2023/06/01
Committee: IMCO
Amendment 31 #

2022/0365(COD)

Proposal for a regulation
Recital 11
(11) There are now technologies available and used widely worldwide that limit evaporative emissions of volatile organic compounds during the use, parking and refuelling of a vehicle with petrol fuel. It is therefore appropriate to set the emission limits for such volatile organic compounds at a lower level and introduce emission limits for the refuelling phase. for new vehicles and Member States may adopt other measures at the national level to ensure that Stage II refuelling controls at petrol stations, in accordance with Commission Directive 2014/99/EU, maintain their efficacy in controlling refuelling of all petrol-run vehicles.
2023/06/01
Committee: IMCO
Amendment 33 #

2022/0365(COD)

Proposal for a regulation
Recital 12
(12) Non-exhaust emissions consist of particles emitted by tyres and brakes of vehicles. Emissions from tyres is estimated to be the largest source of microplastics to the environment. As shown in the Impact Assessment, it is expected that by 2050, non-exhaust emissions will constitute up to 90% of all particles emitted by road transport, because exhaust particles will diminish due to vehicle electrification. Those non-exhaust emissions should therefore be measured and limited. The Commission should prepare a report on tyre abrasion by the end of 2024 to review the measurement methods and state-of-the- art in order to proposdeveloped in the UN WP29 common GRBP/GRPE Task Force on Tyre Abrasion with the view of ensuring consistency in the definition of tyre abrasion limits. Additionally, the report should comprehensively evaluate the impact of the tyre abrasion rate limits and requirements, which will address deficiencies identified in the impact assessment of this Regulation.
2023/06/01
Committee: IMCO
Amendment 38 #

2022/0365(COD)

Proposal for a regulation
Recital 15
(15) Tampering of vehicles to remove or deactivate parts of the pollution control systems is a well-known problem. Such practice leads to uncontrolled emissions and should be prevented through action to deter the advertising, sale and installation of tampering devices. Tampering of the odometer, leads to false mileage and hampers the proper in-service control of a vehicle. It is, therefore of the utmost importance to guarantee the highest possible security protection of those systems, complete with security certificates and appropriate anti- tampering protection to ensure that neither pollution control systems nor the vehicle odometer can be tampered withall Member States should introduce vehicle mileage recording when a vehicle is serviced or during a periodic technical inspection. Accordingly, it is important that new vehicles are designed with appropriate security protection of those systems.
2023/06/01
Committee: IMCO
Amendment 40 #

2022/0365(COD)

Proposal for a regulation
Recital 16
(16) Sensors and other sophisticated strategies installed on vehicles are already used today to detect anomalies on emissions and trigger related repairs through the on-board diagnostic (OBD) system. The OBD system currently in use, however, does not detect accurately or timely the malfunctions and neither does it sufficiently and timely force repairs. As a result, ienhance their functionality in order to detect anomalies on exhaust emissions, store data and trigger the need for related repairs through the on-board diagnostic (OBD) system and the dashboard Malfunction Indicator (MI). It is possible that vehicles emit much more than they are allowed to do. The sensors used up to now for OBD can also be used to moni depending on how promptly drivers or operators and control the emission behaviour of the vehicles on a continuous basis via an on-board monitoring (OBM) system. The OBM will also warn the user to perform repairs of the engine or the pollution control systems when these are needed. It isddress the warning signalled by the MI. In some cases, sensors that have been ordinarily used for OBD can also serve the purpose of monitoring the exhaust emission behaviour of vehicles, thereby enhancing ther efore appropriate to require that such a system is installed and to regulate its technical requirementsficiency and functionality of OBD.
2023/06/01
Committee: IMCO
Amendment 41 #

2022/0365(COD)

Proposal for a regulation
Recital 17
(17) Manufacturers may opt to produce vehicles which comply with lower emission limits or with better battery durability than what is required in this Regulation, or which include advanced options including geofencing and adaptive controls. Consumers and national authorities should be able to identify such vehicles through appropriate documentation. An environmental vehicle passport (EVP) should therefore be made available.deleted
2023/06/01
Committee: IMCO
Amendment 45 #

2022/0365(COD)

Proposal for a regulation
Recital 18
(18) In case the Commission makes a proposal for registering after 2035 new light-dutyorder to align with the provisions of Regulation (EU) 2023/851, it is recommended that the Commission propose a measure for registering new vehicles runningthat exclusively run on CO2 neutral fuels after 2035, outside the scope of the CO2 fleet standards, and in conformitympliance with Union law and the Union's climate neutrality objective. Consequently, this Regulation will need to be amended to include the possibility to type approve such vehicles.
2023/06/01
Committee: IMCO
Amendment 48 #

2022/0365(COD)

Proposal for a regulation
Recital 21
(21) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in relation to obligations of manufacturers as part of type-approval and procedures, test and methodologies to be applied for declaration of conformity, conformity of production check, and in-service conformity-check and environmental vehicle passport (EVP); options and designations of vehicles; requirements, tests, methods and corrective measures related to durability of vehicles, systems, components and separate technical units, as well as registration and communication capabilities of OBM systems, including for the purpose of periodic technical inspections and roadworthiness checks; requirements and information to be provided by manufacturers of multistage vehicles as well as procedures to determine the CO2 value for these multistage vehicles; technical elements, administrative and documentation requirements for emission type-approval, checks and inspections and market surveillance checks, as well as reporting obligations, in-service conformity and conformity of production checks; methods and tests to (i) measure exhaust emissions in the lab and on the road, including random and worst-case RDE test cycles, the use of portable emissions measurement systems for verifying real driving emissions, and idle emissions, (ii) determine the CO2 emissions, fuel and energy consumption, the electric range and engine power of a motor vehicle, (iii) provide specifications for gear shift indicator (GSI) (iv) determine the impact of O3, O4 trailers on the CO2 , fuel and energy consumption, electric range and engine power of a motor vehicle, (iv) measure crankcase emissions, evaporative emissions, and brake emissions in conformity with the UN WP29, (v) evaluate compliance with minimum performance requirements of battery durability in conformity with the UN WP29, (vi) assess the in-service conformity of engines and vehicles; compliance thresholds and performance requirements, as well as (vii) test and methods to ensure the monitoring performance of sensors (OBD and OBM); (viii) methods to ensure and assess security measures; specification and characteristics of driver warning systems and inducement methods and to assess their correct operation; (ix) methods to assess the correct operation, effectiveness, regeneration and durability of original and replacement pollution control systems; (x) methods to ensure and assess security measures including vulnerability analysis and tampering protection; (xi) methods to assess the correct functioning of types approved under specific EURO7 designations; (xii) criteria for emission type-approvals for small and ultra-small volume manufacturers; (xiii) checks and test procedures for multistage vehicles; (xiv) performance requirements for test equipment; (xv) specification of reference fuels; and (xvi) methods for assessing the absence of defeat devices and defeat strategies; (xvii) to measure tyre abrasion, as well as (xviii) EVP format, data and method of communication of the EVP data in conformity with UN WP29, as well as (xviii) measures to clarify the application of tests which manufacturers, Member States, third parties/Commission should exercise for initial type approval, conformity of production, in-service conformity and market surveillance. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council 50 . __________________ 50 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).
2023/06/01
Committee: IMCO
Amendment 49 #

2022/0365(COD)

Proposal for a regulation
Recital 22
(22) In order to amend or supplement, as appropriate, non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of test conditions based on data collected when testing Euro 7 vehicles, brakes or tyres; the application of test requirements, in particular taking into account technical progress and data collected when testing Euro 7 vehicles; introducing vehicle options and designations based on innovative technologies for manufacturers but also, but only to reduce procedural complexity; setting out brake particle emission limits and abrasion limits for tyre types as well as minimum perf, in accormdance requirements of batteries and durability multipliers baswith the test method and limits developed oin data collected when testing Euro 7 vehicles and setting out definitions and special rules for small volume manufacturers for vehiclethe UN WP29, as well as minimum performance requirements of cbattegories M2, M3, N2, N3,. 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-Making51 . In particular, in order 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. __________________ 51 OJ L 123, 12.5.2016, p. 1.
2023/06/01
Committee: IMCO
Amendment 51 #

2022/0365(COD)

Proposal for a regulation
Recital 25
(25) It is important to grant Member States, national type-approval authorities and economic operators enough time to prepare for the application of the new rules introduced by this Regulation. The date of application should therefore be deferred. While for light duty vehicles the date of application should be as soon as technically possiblefor new types should be 36 months from the adoption of all corresponding implementing and delegated acts enacted in accordance with this Regulation, for heavy -duty vehicles and trailers the date of application may be further delayed by two yearsfor new types should be 48 months from the adoption of all corresponding implementing and delegated acts enacted in accordance with this Regulation, since the transition to zero and low-emission vehicles will be longera major technological challenge requiring additional lead time for heavy -duty vehicles.
2023/06/01
Committee: IMCO
Amendment 55 #

2022/0365(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes common technical requirements and administrative provisions for the emission type-approval and market surveillance of motor vehicles, systems, components and separate technical units, with regard to their CO2 and pollutant emissions, fuel and electric energy consumption and battery durability.
2023/06/01
Committee: IMCO
Amendment 56 #

2022/0365(COD)

Proposal for a regulation
Article 1 – paragraph 1 a (new)
1 a. For the purposes of emission type- approval and market surveillance of newly manufactured tyres, the technical requirements and administrative provisions laid down in this Regulation must be taken into account in conjunction with the tyre technical requirements and administrative provisions of the General Safety Regulation (EU) 2019/2144.
2023/06/01
Committee: IMCO
Amendment 58 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 2
(2) ‘initial emission type approval’ or ‘IETA’ means the first phase of an emission type approval procedure before the emission type approval certificate is granted by the authorities and vehicles, separate technical units or components are put into production;
2023/06/01
Committee: IMCO
Amendment 59 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 4
(4) ‘in-service conformity’ or ‘ISC’ means the activities carried out on vehicles separate technical units or components in circulation with the purpose of verifying the durability requirements set out in this Regulation;
2023/06/01
Committee: IMCO
Amendment 60 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 5
(5) ‘engine’ means the propulsion source of an internal combustion engine vehicle (ICEV);
2023/06/01
Committee: IMCO
Amendment 62 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 9
(9) ‘CO2 emissions’ or ‘CO2’ means the emission of carbon dioxide from the tailpipe of the motor vehicle or engine;
2023/06/01
Committee: IMCO
Amendment 63 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 10
(10) ‘nitrogen oxides’ or ‘NOx’ means the sum of the oxides of nitrogenNO and NO2 emitted from the tailpipe;
2023/06/01
Committee: IMCO
Amendment 64 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 11
(11) ‘particulate matter’ or ‘PM’ means any material emitted from the tailpipe or the brakes and collected on a filter media in accordance with the procedure prescribed in this Regulation; ;
2023/06/01
Committee: IMCO
Amendment 65 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 14
(14) ‘10 nm particle number above 10 nm’ or ‘PN10’ means the total number of solid particles emitted from the tailpipe or the brakes that have a diameter larger or equal than, measured according to the provisions of this Regulation, with a nominal cut-off size at 10 nm;
2023/06/01
Committee: IMCO
Amendment 67 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 24
(24) ‘vehicle energy consumption calculation tool’ or ‘VECTO’ means a simulation tool used for determining CO2 emissions, fuel consumption, electric energy consumption and the electric range from heavy -duty vehicles; ‘energy consumption’ means the consumption of electric energy from each and all propulsion sources within a vehicle;
2023/06/01
Committee: IMCO
Amendment 68 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 29
(29) ‘tyre abrasion’ means the mass of material lost from the tyre due to the abrasion process and emitted to the environment;deleted
2023/06/01
Committee: IMCO
Amendment 71 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 34
(34) ‘original pollution control systems’ means a pollution control system or an assembly of such systems covered by the type-approval granted for the vehicle concerned and installed on the vehicle at the time of its initial registration;
2023/06/01
Committee: IMCO
Amendment 74 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 36
(36) ‘adaptive control function’ means a system that adjusts engine, pollution control systems or other vehicle parameters with the purpose to improve fuel or energy consumption and the effectiveness of the pollution control system based on the expected usage of the vehicle;deleted
2023/06/01
Committee: IMCO
Amendment 75 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 37
(37) ‘on-board diagnostic system’ or ‘OBD’ means a system that can generate vehicle on-board diagnostic (OBD) information, as defined in Article 3, point 49, of Regulation (EU) 2018/858 and is capable of communicating that information via the OBD port and ovin the context of this Regulation, a system on-board the vehicle that can detect malfunctions in the monitored emission control systems, identify the probable cause of the malfunction using fault codes stored in the computer memory, and illuminate the Malfunction Indicator (MI) to alert the aivehicle operator;
2023/06/01
Committee: IMCO
Amendment 76 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 37 a (new)
(37 a) ‘vehicle on-board diagnostic (OBD) information’ means the information generated by a system that is on-board a vehicle or that is connected to an engine, and that is capable of detecting a malfunction, and, where applicable, is capable of signalling its occurrence by means of an alert system, it can also identify the probable cause of the malfunction by means of information stored in a computer memory, and is capable of communicating that information optionally off-board;
2023/06/01
Committee: IMCO
Amendment 78 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 38
(38) ‘on-board monitoring system’ or ‘OBM’ means a system on board a vehicle that is capable of detecting either emission exceedances or when a vehicle is in zero emission mode if applicable, and capable of indicating the occurrence of such exceedances by means of information stored in the vehicle, and of communicating thatmonitoring emissions while taking into account the tolerance of OBM measurements and delivering information via the OBD port and, optionally, over the air;
2023/06/01
Committee: IMCO
Amendment 79 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 40
(40) ‘defeat device’ means any software or hardware that senses temperature, vehicle speed, engine speed , transmission gear, manifold vacuum or any other parameter to activate, mod design component that allows a vehicle to appear compliant during testing but not during normal driving conditions, or manipulate,s delay or deactivata related the operation of any part of the pollution control system, with the purpose of reduco sensors, fuel/energy consumption, electric range, or battery durability, resulting in the effectiveness of the pollution control system when the vehicle is drivenvehicle not meeting regulatory requirements when driven outside of testing conditions;
2023/06/01
Committee: IMCO
Amendment 83 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 44
(44) ‘tampering’ means the inactivatreal driving emission,s’ or modification by the economic operators or independent operators, of the engine, vehicle pollution control device and system, propulsion system, traction battery, odometer, OBFCM or OBD/OBM, including any software or other logical control elements of those systems and their data;‘RDE’ means the emissions of a vehicle under normal driving conditions and maximum one of the extended conditions at the same time as specified in Tables 1 and 2 of Annex III and Article 4 of Regulation (EC) 595/2009 and Annex II of Regulation (EU) 582/2011
2023/06/01
Committee: IMCO
Amendment 84 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 57 a (new)
(57 a) (57a) ‘CO2 neutral fuel’ means a renewable and/or synthetic fuels as defined in Directive (EU) 2018/2001, which include biofuels, biogas, biomass fuel, Renewable liquid and gaseous transport Fuel of Non Biological Origin (RFNBO), or Recycled Carbon Fuel (RCF). Such fuels have net-zero CO2 emissions during use, indicating that the CO2 equivalent of the carbon contained in the fuel's chemical composition is biogenic in origin or has been prevented from being released into the atmosphere. Any other renewable and/or synthetic fuels that satisfy the above conditions and the sustainability criteria of Directive (EU) 2018/2001 and associated delegated acts may also fulfil this definition.
2023/06/01
Committee: IMCO
Amendment 85 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 57 b (new)
(57 b) ‘Carbon Correction Factor (CCF)’ means a factor which applies a correction to the CO2 tailpipe emissions of vehicles for compliance assessment, to reflect the GHG emission intensity and the share of CO2 neutral fuels;
2023/06/01
Committee: IMCO
Amendment 87 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 67
(67) ‘zero-emission range’ means the maximum distance a zero-emission vehicle can travelvehicle can travel in zero-emission mode when driving the appropriate cycle in this Regulation until the traction battery or fuel tank is depleted, which for PEVs corresponds to the electric range;
2023/06/01
Committee: IMCO
Amendment 90 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 71
(71) ‘environmental vehicle passport’ or ‘EVP’ means a record on paper and digital form containing information on the environmental performance of a vehicle at the moment of registration, including the level of pollutant emission limits, CO2 emissions, fuel consumption, energy consumption, electric range and engine power, and battery durability and other related values;deleted
2023/06/01
Committee: IMCO
Amendment 92 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 77
(77) "snow tyre" means a tyre whose tread pattern, tread compound or structure is primarily designed to achieve in snow conditions a performance better than that of a normal tyre with regard to its ability to initiate or maintain vehicle motion;deleted
2023/06/01
Committee: IMCO
Amendment 94 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 78
(78) "special use tyre" means a tyre intended for mixed use both on- and off- road or for other special duty. These tyres are primarily designed to initiate and maintain the vehicle in motion in off-road conditions.deleted
2023/06/01
Committee: IMCO
Amendment 95 #

2022/0365(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Manufacturers shall ensure that the new vehicles they manufacture, which are sold, registered or put into service in the Union, are type approved in accordance with this Regulation. MFrom the specific application dates described in this Regulation, manufacturers shall ensure that the new components or separate technical units, including engines, traction batteries, brake emission systems and replacement pollution control systems requiring type- approval which they manufacture and which are sold or put into service in the Union are type approved in accordance with this Regulation .
2023/06/01
Committee: IMCO
Amendment 100 #

2022/0365(COD)

Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
When verifying compliance with the exhaust emission limits, where the testing is performed in maximum one of the extended driving conditions at the same time, the emissions shall be divided by the extended driving divider set out in Annex III, Article 4 of Regulation (EC) 595/2009 and Annex II of Regulation (EU) 582/2011.
2023/06/01
Committee: IMCO
Amendment 117 #

2022/0365(COD)

Proposal for a regulation
Article 4 – paragraph 8
8. The manufacturer shall take measures to prevent the possibility of exploiting vulnerabilities referred to in paragraph 7. When such a vulnerability is found, the manufacturer shall remove the vulnerability, by software update or any other appropriate means to the fullest extent possible based on the best available knowledge at the time of type approval.
2023/06/01
Committee: IMCO
Amendment 119 #

2022/0365(COD)

Proposal for a regulation
Article 4 – paragraph 10
10. The Commission shall adopt, by means of implementing acts, detailed rules on the procedures, tests and methodologies to verify compliance with the requirements laid down in paragraphs 1 to 9. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).deleted
2023/06/01
Committee: IMCO
Amendment 125 #

2022/0365(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. Manufacturers may designate vehicles of category M1 and N1 as “Euro 7G vehicle” where those vehicles are equipped with internal combustion engines with geofencing technologies. The manufacturer shall install a driver warning system on those vehicles to inform the user when the traction batteries are nearly empty and to stop the vehicle if not charged within 5 km from the first warning while on zero- emission mode. The application of such geofencing technologies may be verified during the lifetime of the vehicle.
2023/06/01
Committee: IMCO
Amendment 126 #

2022/0365(COD)

Proposal for a regulation
Article 5 – paragraph 4 a (new)
4 a. Manufacturers shall have the option to designate vehicles as "Euro 7 NF vehicles" if they are powered by CO2- neutral fuels, as defined in Article 3. This applies to vehicles that run solely on CO2- neutral fuels or a blend of conventional and CO2-neutral fuels, throughout their lifetime. If a vehicle exclusively uses CO2- neutral fuels, the CO2 emissions will be deemed as zero for the purposes of Regulation (EU) 2023/851 and the pending Regulation on CO2 emission standards for heavy duty vehicles.
2023/06/01
Committee: IMCO
Amendment 127 #

2022/0365(COD)

Proposal for a regulation
Article 5 – paragraph 5
5. Manufacturers may construct vehicles combining two or more of the characteristics referred to in paragraphs 1, 2 or 3 and designate them using a combination of symbols and letters such as “Euro 7+A”, “Euro 7+G”, “Euro 7+AG” or “Euro 7AG” vehicles.deleted
2023/06/01
Committee: IMCO
Amendment 131 #

2022/0365(COD)

Proposal for a regulation
Article 5 – paragraph 7
7. The Commission shall adopt, by means of implementing acts, detailed rules on the procedures, tests and methodologies to verify compliance with the requirements laid down in paragraphs 1 to 6. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).deleted
2023/06/01
Committee: IMCO
Amendment 132 #

2022/0365(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. Manufacturers shall ensure that these vehicles comply with the values regarding CO2 emissions, fuel and energy consumption and energy efficiency declared under the provisions of this Regulation for the lifetime of the vehicle as set out in Annex IV, Table 1.deleted
2023/06/01
Committee: IMCO
Amendment 144 #

2022/0365(COD)

Proposal for a regulation
Article 6 – paragraph 6 – point c
(c) triggering repair of the vehicle when the driver warning system notifies significantly excess emissions.deleted
2023/06/01
Committee: IMCO
Amendment 151 #

2022/0365(COD)

Proposal for a regulation
Article 6 – paragraph 9
9. The Commission shall adopt, by means of implementing acts, detailed rules on requirements, tests, methods and corrective measures related to the obligations referred to in paragraphs 1 to 8. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).deleted
2023/06/01
Committee: IMCO
Amendment 157 #

2022/0365(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. Manufacturers shall issue the environmental vehicle passport (EVP) for each vehicle and deliver that passport to the purchaser of the vehicle together with the vehicle, extracting the relevant data from sources such as the certificate of conformity and the type-approval documentation. The manufacturer shall ensure that EVP data are available for display in the vehicle electronic systems and can be transmitted from on- to off- board.deleted
2023/06/01
Committee: IMCO
Amendment 161 #

2022/0365(COD)

Proposal for a regulation
Article 7 – paragraph 5
5. The Commission shall adopt implementing acts laying down the testing and compliance verifications as well as procedures, related to emission type- approval, conformity of production, in- service conformity, declaration of conformity and EVP under paragraphs 1to 4. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).deleted
2023/06/01
Committee: IMCO
Amendment 163 #

2022/0365(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. In multistage type-approvals, manufacturers of the second or subsequent stages shall be responsible for the emission type-approval where they modify any part of the vehicle that, according to the data provided by the manufacturers of the previous stage, might affect emissions or battery durability.deleted
2023/06/01
Committee: IMCO
Amendment 165 #

2022/0365(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. The Commission shall adopt implementing acts laying down the administrative requirements and data to be provided by manufacturers of the previous stage in accordance with paragraph 1 and procedures for the determination of CO2 emissions of such vehicles. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).deleted
2023/06/01
Committee: IMCO
Amendment 171 #

2022/0365(COD)

Proposal for a regulation
Article 10 – paragraph 3 a (new)
3 a. With effect from 48 months after the entry into force of all implementing or delegated acts relevant to the vehicle category in question, and according to the specific provisions for systems, components, and separate technical units, national approval authorities shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption or battery durability, in the case of new types of M1, N1 vehicles, refuse to grant EU emission type-approval or national emission type-approval which do not comply with this Regulation.
2023/06/01
Committee: IMCO
Amendment 173 #

2022/0365(COD)

Proposal for a regulation
Article 10 – paragraph 4
4. With effect from 1 July 202548 months after the entry into force of all implementing or delegated acts relevant to the vehicle category in question, and according to the specific provisions for systems, components, and separate technical units, national authorities shall, in the case of new M1, N1 vehicles which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption or battery durability, prohibit the registration, sale or entry into service of such vehicles.
2023/06/01
Committee: IMCO
Amendment 176 #

2022/0365(COD)

Proposal for a regulation
Article 10 – paragraph 4 a (new)
4 a. With effect from 48 months after the entry into force of all implementing or delegated acts relevant to the vehicle category in question, and according to the specific provisions for systems, components, and separate technical units, national approval authorities shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption or battery durability, in the case of new types of M2, M3, N2, N3 vehicles and new O3, O4 trailers, refuse to grant EU emission type-approval or national emission type-approval which do not comply with this Regulation.
2023/06/01
Committee: IMCO
Amendment 179 #

2022/0365(COD)

Proposal for a regulation
Article 10 – paragraph 5
5. With effect from 1 July 202760 months after the entry into force of all implementing or delegated acts relevant to the engine, vehicle or trailer category in question, and according to the specific provisions for systems, components, and separate technical units, national authorities shall, in the case of new M2, M3, N2, N3 vehicles and new O3, O4 trailers, which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption, energy efficiency or battery durability, prohibit the registration, sale or entry into servrefuse to grant EU emission type-approval or national type-approval, with respect to new engine or vehicle of such vehiclesr trailer types, which do not comply with this Regulation.
2023/06/01
Committee: IMCO
Amendment 184 #

2022/0365(COD)

Proposal for a regulation
Article 10 – paragraph 7
7. With effect from 1 July 20315, national authorities shall, in the case of new M2, M3, N2, N3 vehicles constructed by small volume manufacturers, which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption, energy efficiency or battery durability, prohibit the registration, sale or entry into service of such vehicles.
2023/06/01
Committee: IMCO
Amendment 185 #

2022/0365(COD)

Proposal for a regulation
Article 10 – paragraph 8
8. The Commission shall adopt implementing acts laying down the administrative and technical elements required for performing tests, checks and inspections for the purposes of verifying compliance with paragraph 1, as well as the technical elements required for market surveillance checks under paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).deleted
2023/06/01
Committee: IMCO
Amendment 186 #

2022/0365(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. With effect from 1 July 202536 months after the entry into force of all implementing or delegated acts relevant to the vehicle category in question, and according to the specific provisions for systems, components, and separate technical units, the sale or installation of a system, component or separate technical unit intended to be fitted on an M1, N1 vehicle approved under this Regulation, shall be prohibited if the system, component and separate technical unit is not of type approved in compliance with this Regulation.
2023/06/01
Committee: IMCO
Amendment 188 #

2022/0365(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. With effect from 1 July 202748 months after the entry into force of all implementing or delegated acts relevant to the engine, vehicle or trailer category in question, and according to the specific provisions for systems, components, and separate technical units, the sale or installation of a system, component or separate technical unit intended to be fitted on an M2, M3, N2, N3 vehicle and O3, O4 trailers approved under this Regulation, shall be prohibited if the system, component and separate technical unit is not type approved in compliance with this Regulation.
2023/06/01
Committee: IMCO
Amendment 191 #

2022/0365(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. National approval authorities may continue to grant extensions, to EU emissionWith effect from 24 months after adoption of the delegated act on the approval of C1 tyres as regards abrasion emissions aligning with the limits established in UN WP29, national authorities shall refuse, to grant component/separate technical unit type- approvals of replacement pollution control systems granted before in respect of new types of tyre that do not comply with this rRegulation applies under the terms which applind its implementing and delegated acts. With effect from 36 months after adoption of the delegated act on the time of the initial emission type-approval. National authorities shall prohibit the sale or installation on a vehicle of such replacement pollution control systems unless they are type approvedapproval of C1 tyres as regards abrasion emissions aligning with those established in UN WP29, national authorities shall refuse to grant type approval or national EC type approval in respect of new C1 tyres which do not comply with this Regulation and its implementing and delegated acts. C1 tyres that were manufactured prior to the dates set out in this paragraph and which do not comply with the requirements of this Regulation may be sold for a period not exceeding 24 months from those dates. The UN will subsequently develop an appropriate test method and limits for tyre abrasion performance to be applied to C2 and C3 tyres, which shall be incorporated into this Regulation by means of delegated acts in accordance with Article 16.
2023/06/01
Committee: IMCO
Amendment 194 #

2022/0365(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. National authorities shall, during in-service conformity or market surveillance checks, verify whether manufacturers of vehicles have correctly installed excess exhaust emissions driver warning systems, verify the quality of the reagent, low-reagent driver warning systems and whether vehicles can be tampered.
2023/06/01
Committee: IMCO
Amendment 221 #

2022/0365(COD)

Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1 – point t
(t) methods to measure tyre abrasion;deleted
2023/06/01
Committee: IMCO
Amendment 227 #

2022/0365(COD)

Proposal for a regulation
Article 15 – paragraph 2 – introductory part
2. The Commission shall be empowered to adopt delegated actsFollowing completion of the work on tyre abrasion in the common GRBP/GRPE Task Force on Tyre Abrasion conducted under the authority of the UN WP29, the Commission shall be empowered to adopt delegated acts, no later than 18 months following the date of receipt of the UN WP29 limits, including a comprehensive scrutiny process, to supplement this Regulation in accordance with Article 16 in order to take into account technical progress by:
2023/06/01
Committee: IMCO
Amendment 229 #

2022/0365(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. By 1 September 2031No later than 60 months after the entry into force of this regulation, on the basis of the information supplied in accordance with paragraph 1, the Commission shall submit to the European Parliament and to the Council an evaluation report on the application of this Regulation.
2023/06/01
Committee: IMCO
Amendment 231 #

2022/0365(COD)

Proposal for a regulation
Article 19 – paragraph 1
Regulation (EC) 715/2007 is repealed with effect from 1 July 2025.35
2023/06/01
Committee: IMCO
Amendment 232 #

2022/0365(COD)

Proposal for a regulation
Article 19 – paragraph 2
Regulation (EC) 595/2009 is repealed with effect from 1 July 202735.
2023/06/01
Committee: IMCO
Amendment 236 #

2022/0365(COD)

Proposal for a regulation
Article 20 – paragraph 2
It shall apply from 1 July 20325 for M1, N1 vehicles and components and separate technical units for those vehicles and from 1 July 2027 for M2, M3, N2, N3 vehicles and components and separate technical units for those vehicles and O3, O4 trailers.
2023/06/01
Committee: IMCO
Amendment 242 #

2022/0365(COD)

Proposal for a regulation
Article 20 – paragraph 3
It shall apply from 1 July 20302 for M1, N1 vehicles constructed by small volume manufacturers.
2023/06/01
Committee: IMCO
Amendment 248 #

2022/0365(COD)

Proposal for a regulation
Annex II – Table 1 – Row 1
Battery energy Start of life to 5 Vehicles more Start of life to 8 Vehicles up to based MPR years or 100 000 than 5 years or 160 000 additional km whichever 100 000 km, and lifetime* comes first up to whichever comes first of 8 years or 160 000 km km whichever lifetime* comes first OVC-HEV 80% 70% PEV 80% 70%
2023/06/01
Committee: IMCO
Amendment 250 #

2022/0365(COD)

Proposal for a regulation
Annex II – Table 2 – Row 1
Battery energy Start of life to 5 Vehicles more Start of life to 8 Vehicles up to based MPR years or 100 000 than 5 years or 160 000 additional km whichever 100 000 km, and lifetime* comes first up to whichever comes first of 8 years or 160 000 km km whichever lifetime* comes first OVC-HEV 75% 65% PEV 75% 65%
2023/06/01
Committee: IMCO
Amendment 69 #

2022/0302(COD)

Proposal for a directive
Recital 7 a (new)
(7a) In order not to hamper innovation, liability for defective products should not apply to damage arising from free and open-source software, standalone software and to new innovative software.
2023/05/04
Committee: IMCOJURI
Amendment 95 #

2022/0302(COD)

Proposal for a directive
Recital 16
(16) In recognition of the growing relevance and value of intangible assets, the loss or corruption of data, such as content deleted from a hard drive, should also be compensated, including the cost of recovering or restoring the data. As a result, tThe protection of consumers requires compensation for material losses resulting not only from death or personal injury, such as funeral or medical expenses or lost income, and from damage to property, but also for loss or corruption of data. Nevertheless, c. Compensation for infringements of Regulation (EU) 2016/679 of the European Parliament and of the Council41 , Directive 2002/58/EC of the European Parliament and of the Council42 , Directive (EU) 2016/680 of the European Parliament and of the Council43 and Regulation (EU) 2018/1725 of the European Parliament and of the Council44is not affected by this Directive. _________________ 41 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 (OJ L 119, 4.5.2016, p. 1). 42 Directive 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 (OJ L 201, 31.7.2002, p. 37). 43 Directive (EU) 2016/680 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 by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA, OJ L 119, 4.5.2016, p. 89. 44 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC, OJ L 295, 21.11.2018, p. 39 is not affected by this Directive.
2023/05/04
Committee: IMCOJURI
Amendment 97 #

2022/0302(COD)

Proposal for a directive
Recital 17
(17) In the interests of legal certainty, it should be clarified that personal injury includes medically recognised damage to psychological health.deleted
2023/05/04
Committee: IMCOJURI
Amendment 104 #

2022/0302(COD)

Proposal for a directive
Recital 18
(18) While Member States should provide full and proper compensation for all material losses resulting from death, or personal injury, or damage to or destruction of property and data loss or corruption, rules on calculating compensation should be laid down by Member States. Furthermore, this Directive should not affect national rules relating to non-material damage.
2023/05/04
Committee: IMCOJURI
Amendment 136 #

2022/0302(COD)

Proposal for a directive
Recital 30
(30) In light of the imposition on economic operators of liability irrespective of fault, and with a view to achieving a fair apportionment of risk, the injured person claiming compensation for damage caused by a defective product should bear the burden of proving the damage, the defectiveness of a product and the causal link between the two. Injured persons, are, however, often at a significant disadvantage compared to manufacturers in terms of access to, and understanding of, information on how a product was produced and how it operates. This asymmetry of information can sometimes undermine the fair apportionment of risk, in particular in cases involving technical or scientific complexity.
2023/05/04
Committee: IMCOJURI
Amendment 140 #

2022/0302(COD)

Proposal for a directive
Recital 32
(32) In respect of trade secrets within the meaning of Directive (EU) 2016/943 of the European Parliament and of the Council48, national courts should be empowered to take specific measures to ensure the confidentiality of trade secrets during and after the proceedings, while achieving a fair and proportionate balance between the interest of the trade-secret holder to secrecy and the interest of the injured person. This should include at least measures to restrict access to documents containing trade secrets or alleged trade secrets and access to hearings to a limited number of people, or allowing access to redacted documents or transcripts of hearings. When deciding on such measures, national courts should take into account: (i) the need to ensure the right to an effective remedy and to a fair trial; (ii) the legitimate interests, including the amount of damage, of the parties and, where appropriate, of third parties; and (iii) any highly potential serious harm for either of the parties, and, where appropriate, for third parties, resulting from the granting or rejection of such measures. _________________ 48 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).
2023/05/04
Committee: IMCOJURI
Amendment 145 #

2022/0302(COD)

Proposal for a directive
Recital 33
(33) It is also necessary to alleviate the claimant’s burden of proof provided that certain conditions are fulfilled. Rebuttable presumptions of fact are a common mechanism for alleviating a claimant’s evidential difficulties, and allow a court to base the existence of defectiveness or causal link on the presence of another fact that has been proven, while preserving the rights of the defendant. In order to provide an incentive to comply with the obligation to disclose information, national courts should presume the defectiveness of a product where a defendant fails to comply with such an obligation. Many legislative and mandatory safety requirements have been adopted in order to protect consumers and the public from the risk of harm. In order to reinforce the close relationship between product safety rules and liability rules, non-compliance with such requirements should also result in a presumption of defectiveness. This includes cases in which a product is not equipped with the means to log information about the operation of the product as required under Union or national law. The same should apply in the case of obvious malfunction, such as a glass bottle that explodes in the course of normal use, since it is unnecessarily burdensome to require a claimant to prove defectiveness when the circumstances are such that its existence is undisputed.
2023/05/04
Committee: IMCOJURI
Amendment 150 #

2022/0302(COD)

Proposal for a directive
Recital 34
(34) National courts should also presume the defectiveness of a product or the causal link between the damage and the defectiveness, or both, where, notwithstanding the defendant’s disclosure of information, it would be excessively difficult for the claimant, in light of the technical or scientific complexity of the case, to prove its defectiveness or the causal link, or both. In such cases, requiring proof would undermine the effectiveness of the right to compensation. Therefore, gGiven that manufacturers have expert knowledge and are better informed than the injured person, it should be for them to rebut the presumption. Technical or scientific complexity should be determined by national courts on a case- by-case basis, taking into account various factors. Those factors should include the complex nature of the product, such as an innovative medical device; the complex nature of the technology used, such as machine learning; the complex nature of the information and data to be analysed by the claimant; and the complex nature of the causal link, such as a link between a pharmaceutical or food product and the onset of a health condition, or a link that, in order to be proven, would require the claimant to explain the inner workings of an AI system. The assessment of excessive difficulties should also be made by national courts on a case-by-case basis. While a claimant should provide arguments to demonstrate excessive difficulties, proof of such difficulties should not be required. For example, in a claim concerning an AI system, the claimant should, for the court to decide that excessive difficulties exist, neither be required to explain the AI system’s specific characteristics nor how these characteristics make it harder to establish the causal link. The defendant should have the possibility to contest the existence of excessive difficulties.
2023/05/04
Committee: IMCOJURI
Amendment 154 #

2022/0302(COD)

Proposal for a directive
Recital 35
(35) In order to maintain a fair apportionment of risk, and to avoid a reversal of the burden of proof, a claimant should nevertheless, in order to benefit from the presumption, be required to demonstrate, on the basis of sufficiently relevant evidence, that it is likely that, where the claimant’s difficulties relate to proving defectiveness, the product was defective, or that, where the claimant’s difficulties relate to proving the causal link, its defectiveness is a very likely cause of the damage.
2023/05/04
Committee: IMCOJURI
Amendment 168 #

2022/0302(COD)

Proposal for a directive
Recital 42
(42) The objective of consumer protection would be undermined if it were possible to limit or exclude an economic operator’s liability through contractual provisions. Therefore no contractual derogations should be permitted. For the same reason, it should not be possible for provisions of national law to limit or exclude liability, such as by setting financial ceilings on an economic operator’s liability.deleted
2023/05/04
Committee: IMCOJURI
Amendment 173 #

2022/0302(COD)

Proposal for a directive
Recital 44
(44) Since substantially modified products are essentially new products,may be in some cases considered new products, in such cases the limitation period should restart after a product has been substantially modified, for example as a result of remanufacturing, that modify a product in such a way that its compliance with the applicable safety requirements may be affected. The product should be considered substantially modified in case it is labelled as such.
2023/05/04
Committee: IMCOJURI
Amendment 183 #

2022/0302(COD)

Proposal for a directive
Article 2 – paragraph 1
1. This Directive shall apply to products placed on the market or put into service after [OP, please insert the date: 124 months after entry into force].
2023/05/04
Committee: IMCOJURI
Amendment 187 #

2022/0302(COD)

Proposal for a directive
Article 2 – paragraph 2 a (new)
2a. This Directive shall not apply to damage arising from standalone software and free and open-source software developed or supplied outside the course of a commercial activity.
2023/05/04
Committee: IMCOJURI
Amendment 188 #

2022/0302(COD)

Proposal for a directive
Article 2 – paragraph 2 b (new)
2b. This Directive shall not apply to the software developed and deployed by microenterprises as defined in Article 3 (1) of Directive 2013/34/EU for the period of 5 years after its placement on the market. In such cases, the software deployer shall informed consumers about this exemption.
2023/05/04
Committee: IMCOJURI
Amendment 197 #

2022/0302(COD)

Proposal for a directive
Article 3 – paragraph 1 a (new)
Where another Union act governing specific product contains rules on the liability for damage caused by defective products, only the rules of that Union act shall apply to those specific products, unless provided otherwise in that act. In that case, this Directive shall not apply.
2023/05/04
Committee: IMCOJURI
Amendment 198 #

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 1
(1) ‘product’ means all movables, even if integrated into another movable or into an immovable. ‘Product’ includes electricity, digital manufacturing files and softwareany software embedded into the product, open-source software developed or supplied outside the course of a commercial activity shall not be considered as product;
2023/05/04
Committee: IMCOJURI
Amendment 202 #

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 1 a (new)
(1a) ‘Software’ means the part of an electronic information system which consists of computer code which is a part of other product, excluding open-source software, application programming interfaces and software development kits;
2023/05/04
Committee: IMCOJURI
Amendment 205 #

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 3
(3) ‘component’ means any item, whether tangible or intangible including embedded software or software intended as a safety component of a product, or any related service, that is integrated into, or inter-connected with, a product by the manufacturer of that product or within that manufacturer’s control;
2023/05/04
Committee: IMCOJURI
Amendment 210 #

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 3 a (new)
(3a) ‘safety component of a product’ means a component of a product which fulfils a safety function for that product or the failure or malfunctioning of which endangers the health and safety of persons or property;
2023/05/04
Committee: IMCOJURI
Amendment 214 #

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 4
(4) ‘related service’ means a digital service that is integrated into, or inter- connected with, a product in such a way that its absence would prevent the product from performing one or more of its core functions;
2023/05/04
Committee: IMCOJURI
Amendment 218 #

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 5
(5) ‘manufacturer’s control’ means that the manufacturer of a product explicitly authorises a) the integration, inter- connection or supply by a third party of a component including the specific software updates or upgrades, or b) the modification of the product;
2023/05/04
Committee: IMCOJURI
Amendment 223 #

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 6 – point a
(a) death or personal injury, including medically recognised harm to psychological health;
2023/05/04
Committee: IMCOJURI
Amendment 226 #

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 6 – point a
(a) death or personal injury, includingwith the exception of medically recognised harm to psychological health;
2023/05/04
Committee: IMCOJURI
Amendment 227 #

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 6 – point b – introductory part
(b) harmdamage to, or destruction of, any property with a lower threshold of 500 EUR, except:
2023/05/04
Committee: IMCOJURI
Amendment 230 #

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 6 – point c
(c) loss or corruption of data that is not used exclusively for professional purposes;deleted
2023/05/04
Committee: IMCOJURI
Amendment 237 #

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 6 a (new)
(6a) This Directive shall be without prejudice to national provisions relating to non-material damage.
2023/05/04
Committee: IMCOJURI
Amendment 245 #

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 11
(11) ‘manufacturer’ means any natural or legal person who deveplopys, manufactures or produces a product or has a product designed or manufactured, or who markets that product under its name or trademark or who deveplopys, manufactures or produces a product for its own use;
2023/05/04
Committee: IMCOJURI
Amendment 247 #

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 11 a (new)
(11a) “software deployer” – is a natural or legal person taking a decision to deploy the software with a concrete functionality and characteristics and puts it into use;
2023/05/04
Committee: IMCOJURI
Amendment 255 #

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 17 a (new)
(17a) ‘trade secret’ means trade secret as defined in Article 2, point (1), of Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure;
2023/05/04
Committee: IMCOJURI
Amendment 260 #

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 17 b (new)
(17b) ‘obvious malfunction’ means a self-evident, indisputable and easily recognisable failure to operate or function in the normal or correct manner :
2023/05/04
Committee: IMCOJURI
Amendment 277 #

2022/0302(COD)

Proposal for a directive
Article 6 – paragraph 1 – point b
(b) the reasonably foreseeable use and misuse ofintended use the product;
2023/05/04
Committee: IMCOJURI
Amendment 282 #

2022/0302(COD)

Proposal for a directive
Article 6 – paragraph 1 – point c
(c) the effect on the product of any ability to continue to learn after deploymentits placement on the market or service;
2023/05/04
Committee: IMCOJURI
Amendment 283 #

2022/0302(COD)

Proposal for a directive
Article 6 – paragraph 1 – point d
(d) the effect on the product of other products that can reasonably be expected to be used together with the product;deleted
2023/05/04
Committee: IMCOJURI
Amendment 287 #

2022/0302(COD)

Proposal for a directive
Article 6 – paragraph 1 – point f
(f) product safety requirements, including safety-relevant cybersecurity requirements;deleted
2023/05/04
Committee: IMCOJURI
Amendment 293 #

2022/0302(COD)

Proposal for a directive
Article 6 – paragraph 1 – point h
(h) the specific expectations of the end-users for whom the product is intenddeleted.
2023/05/04
Committee: IMCOJURI
Amendment 301 #

2022/0302(COD)

1a. A product shall be considered defective when it does not comply with mandatory safety-relevant cybersecurity requirements under EU or national law.
2023/05/04
Committee: IMCOJURI
Amendment 303 #

2022/0302(COD)

Proposal for a directive
Article 6 – paragraph 2 a (new)
2a. A product or related service shall not be considered defective if: (a) an integrated software contains bugs, glitches or flaws of a type that the public at large should expect; or (b) software updates or upgrades are issued for the product or related service.
2023/05/04
Committee: IMCOJURI
Amendment 314 #

2022/0302(COD)

Proposal for a directive
Article 7 – paragraph 3
3. Member States shall ensure that, where the manufacturer of the defective product is established outside the Union and neither of the economic operators referred to in paragraph 2 is established in the Union, the fulfilment service provider can be held liable for damage caused by the defective product.deleted
2023/05/04
Committee: IMCOJURI
Amendment 321 #

2022/0302(COD)

Proposal for a directive
Article 7 – paragraph 4
4. Any natural or legal person that modifies a product that has already been placed on the market or put into service shall be considered a manufacturer of the product for the purposes of paragraph 1, where the modification is considered substantial under relevant Union or national rules on product safety and is undertaken outside the original manufacturer’s control or not carried out on behalf of the manufacturer and where the product is labelled as substantially modified by any person that modifies a product.
2023/05/04
Committee: IMCOJURI
Amendment 327 #

2022/0302(COD)

Proposal for a directive
Article 7 – paragraph 5 – introductory part
5. Member States shall ensure that where a manufacturer under paragraph 1 cannot be identified or, where the manufacturer is established outside the Union, an economic operator under paragraph 2 or 3 cannot be identified, each distributor of the product can be held liable where:
2023/05/04
Committee: IMCOJURI
Amendment 334 #

2022/0302(COD)

Proposal for a directive
Article 7 – paragraph 6
6. Paragraph 5 shall also apply to any fulfilment service provider and to any provider of an online platform that allows consumers to conclude distance contracts with traders and that is not a manufacturer, importer or distributor , provided that the conditions of Article 6(3) set out in Regulation (EU)…/… of the European Parliament and of the Council on a Single Market for Digital Services (Digital Services Act)55are fulfilled. _________________ 55 +OP: Please insert in the text the number of the Directive contained in document PE-CONS 30/22 (2020/0361(COD)) and insert the number, date, title and OJ reference of that Directive in the footnote 2022/2065 are fulfilled and it has failed to comply with Article 20(5) of Regulation (EU) …… the General Product Safety Regulation.
2023/05/04
Committee: IMCOJURI
Amendment 338 #

2022/0302(COD)

Proposal for a directive
Article 8 – paragraph 1
1. Member States shall ensure that national courts are empowered, upon request of an injured person claiming compensation for damage caused by a defective product (‘the claimant’) who has presented facts and evidence sufficient to support the plausibility of the claim for compensation, to order the defendant to disclose relevant non-confidential evidence that is at its disposal in accordance with national procedural law, subject to the applicable Union and national rules on confidentiality and proportionality. The Member States shall ensure that the defendant shall not disclose source code.
2023/05/04
Committee: IMCOJURI
Amendment 347 #

2022/0302(COD)

Proposal for a directive
Article 8 – paragraph 3
3. When determining whether the disclosure is proportionate, national courts shall consider the legitimate interests of all parties, including third parties concerned, in particular in relation to the protection of confidential information and trade secrets within the meaning of Article 2, point 1, of Directive (EU) 2016/943 , the extent to which the claim or defence is supported by available facts and evidence; (b) the scope and cost of disclosure. The Member State shall ensure preventing non-specific searches for information which is unlikely to be of relevance for the parties in the Claim.
2023/05/04
Committee: IMCOJURI
Amendment 352 #

2022/0302(COD)

Proposal for a directive
Article 8 – paragraph 4 a (new)
4a. Member States shall ensure that those from whom disclosure is sought are provided with an opportunity to be heard before disclosure.
2023/05/04
Committee: IMCOJURI
Amendment 361 #

2022/0302(COD)

Proposal for a directive
Article 9 – paragraph 2 – point a
(a) the defendant has failed to comply with an obligation to disclose relevant evidence at its disposal pursuant to Article 8(1);deleted
2023/05/04
Committee: IMCOJURI
Amendment 369 #

2022/0302(COD)

Proposal for a directive
Article 9 – paragraph 2 – point c
(c) the claimant establishes that the damage was caused by an obvious malfunction of the product during normalintended use or under ordinary circumstances.
2023/05/04
Committee: IMCOJURI
Amendment 371 #

2022/0302(COD)

Proposal for a directive
Article 9 – paragraph 2 a (new)
2a. The defectiveness of the product shall not be presumed if the defendant demonstrates that sufficient evidence and expertise is accessible for the claimant to prove the defectiveness of the product, the causal link between the defectiveness and the damage, or both.
2023/05/04
Committee: IMCOJURI
Amendment 379 #

2022/0302(COD)

Proposal for a directive
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Where a national court judges that the claimant faces excessive difficulties, due to demonstrably technical or scientific complexity, to prove the defectiveness of the product or the causal link between its defectiveness and the damage, or both, in case of substantially high damage and the particularly vulnerable situation of the claimant, the defectiveness of the product or causal link between its defectiveness and the damage, or both, shall be presumed where the claimant has demonstrated, on the basis of sufficiently relevant evidence, that:
2023/05/04
Committee: IMCOJURI
Amendment 384 #

2022/0302(COD)

Proposal for a directive
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) the product contributed to the severe damage; and
2023/05/04
Committee: IMCOJURI
Amendment 388 #

2022/0302(COD)

Proposal for a directive
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) it is very likely that the product was defective or that its defectiveness is a very likely cause of the damage, or both.
2023/05/04
Committee: IMCOJURI
Amendment 391 #

2022/0302(COD)

Proposal for a directive
Article 9 – paragraph 4 a (new)
4a. Article 9(4) shall only apply to high-risk AI-systems under the [Directive (EU) …../….. AI Act].
2023/05/04
Committee: IMCOJURI
Amendment 404 #

2022/0302(COD)

Proposal for a directive
Article 10 – paragraph 1 – point g a (new)
(ga) the defectiveness of the product was caused by the user not installing a software update or an upgrade supplied by the manufacturer.
2023/05/04
Committee: IMCOJURI
Amendment 412 #

2022/0302(COD)

Proposal for a directive
Article 10 a (new)
Article10a Manifestly unfounded cases Member States shall ensure that courts or administrative authorities are able to dismiss manifestly unfounded cases at the earliest possible stage of the proceedings in accordance with national law and that the claimant of manifestly unfounded cases could be held liable for damages including the reputational risks associated with dissemination of unfounded information.
2023/05/04
Committee: IMCOJURI
Amendment 426 #

2022/0302(COD)

Proposal for a directive
Article 14 – paragraph 2
2. With the exception of claims relating to software update or upgrade and related services which does not amount to a substantial modification, Member States shall ensure that the rights conferred upon the injured person pursuant to this Directive are extinguished upon the expiry of a limitation period of 10 years from the date on which the actual defective product which caused the damage was placed on the market, put into service or substantially modified as referred to in Article 7(4), unless a claimant has, in the meantime, initiated proceedings before a national court against an economic operator that can be held liable pursuant to Article 7.
2023/05/04
Committee: IMCOJURI
Amendment 433 #

2022/0302(COD)

Proposal for a directive
Article 14 – paragraph 3
3. By way of exception from paragraph 2, where an injured person has with all due care not been able to initiate proceedings within 10 years due to the latency of a personal injury, the rights conferred upon the injured person pursuant to this Directive shall be extinguished upon the expiry of a limitation period of 15 years.
2023/05/04
Committee: IMCOJURI
Amendment 435 #

2022/0302(COD)

Proposal for a directive
Article 14 – paragraph 3 a (new)
3a. Any Member State may provide that a producer's total liability for damage resulting from a death or personal injury and caused by identical items with the same defect shall be limited to an amount which may not be less than 70 million EUR.
2023/05/04
Committee: IMCOJURI
Amendment 437 #

2022/0302(COD)

Proposal for a directive
Article 15 – paragraph 1
1. Member States shall publish, in an easily accessible, anonymised and electronic format, any final judgment delivered by their national courts in relation to proceedings launched pursuant to this Directive as well as other relevant final judgments on product liability. The publication shall be made without delay upon notification of the full written judgment to the parties.
2023/05/04
Committee: IMCOJURI
Amendment 443 #

2022/0302(COD)

Proposal for a directive
Article 16 – paragraph 1
The Commission shall by [OP, please insert the date: 68 years after the date of entry into force of this Directive], and every 5 years thereafter, review the application of this Directive and submit a report to the European Parliament, to the Council and to the European Economic and Social Committee, including information about a) the total number or qualified estimation of claims, divided into categories: number of successful, settled and dismissed successful or qualified estimation; b) the total number or qualified estimation of economic operators claimed for defective products divided by their type or qualified estimation ; c) average costs of the claims for different types of economic operators, including persons performing remanufacturing, refurbishment and report to the European Parliament, to the Council and to the European Economic and Social Committee. air; d) the costs of this Directive for economic operators as a percentage of operation costs; e) net benefit of this Directive or its qualified estimation for consumers; f) impact of this Directive on the insurance premiums; g) availability of insurance and other products to cover risks of economic operators in relation to this Directive; h) whether the requirements set out in Articles 8 remain appropriate to pursue the objectives of this Directive and to protect legitimate interests of economic operators; i) comparison of the protection given by this directive with other OECD countries / world leading economies.
2023/05/04
Committee: IMCOJURI
Amendment 445 #

2022/0302(COD)

Proposal for a directive
Article 16 – paragraph 1 a (new)
The Commission shall clearly specify each methodology used for calculation of any used qualified estimation. The Commission shall gather information for this report without broadening reporting obligation for economic operators using information from all relevant and reliable sources, including European institutions, national competent authorities or internationally recognised bodies and organisations.
2023/05/04
Committee: IMCOJURI
Amendment 446 #

2022/0302(COD)

Proposal for a directive
Article 17 – paragraph 1
1. Directive 85/374/EEC is repealed with effect from [OP, please insert the date: 124 months after the date of entry into force of this Directive]. However, it shall continue to apply with regard to products placed on the market or put into service before that date.
2023/05/04
Committee: IMCOJURI
Amendment 447 #

2022/0302(COD)

Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [OP, please insert the date: 124 months after entry into force of this Directive]. They shall forthwith communicate to the Commission the text of those provisions.
2023/05/04
Committee: IMCOJURI
Amendment 83 #

2022/0280(COD)

Proposal for a directive
Recital 17
(17) With respect to Directives 2006/42/EC, 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 and 2014/68/EU, in exceptional and duly justified circumstances, notably in order to ensure the interoperability among products or systems, the Commission should be able to adopt by means of implementing acts common specifications laying down mandatory technical specifications, with which the manufacturers will be required to comply. The implementing act laying down such common specifications should remain applicable for the duration of the Single Market emergency.deleted
2023/03/31
Committee: IMCO
Amendment 93 #

2022/0280(COD)

Proposal for a directive
Article 2 – paragraph 1
Directive 2006/42/EC
Article 21g
Article 21g deleted Adoption of mandatory common specifications
2023/03/31
Committee: IMCO
Amendment 96 #

2022/0280(COD)

Proposal for a directive
Article 4
Directive 2013/29/EU
Article 42a
[...] d e [...] l e t e d
2023/03/31
Committee: IMCO
Amendment 98 #

2022/0280(COD)

Proposal for a directive
Article 5
Directive 2014/28/EU
Chapter 6a
d e [...] [...] [...]l e t e d
2023/03/31
Committee: IMCO
Amendment 99 #

2022/0280(COD)

Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38f
Article 38f deleted Adoption of mandatory common specifications
2023/03/31
Committee: IMCO
Amendment 100 #

2022/0280(COD)

Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40f
Article 40f deleted Adoption of mandatory common specifications (Applies through the text and horizontally on the SMEI initiative.)
2023/03/31
Committee: IMCO
Amendment 265 #

2022/0278(COD)

Proposal for a regulation
Recital 36
(36) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the ‘Charter’). In particular, it respects the right to privacy of the economic operators enshrined in Article 7 of the Charter, right to data protection set out in Article 8 of the Charter, the freedom to conduct business and the freedom of contract, which are protected by Article 16 of the Charter, the right to property, protected by Article 17 of the Charter, right to collective bargaining and action protected by Article 268 of the Charter and the right to an effective judicial remedy and to a fair trial as provided for in Article 47 of the Charter. Since the objective of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. The Regulation should not affect the autonomy of the social partners as recognised by the TFEU.
2023/03/31
Committee: IMCO
Amendment 279 #

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 to impacts of crises on 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 and crisis- relevant goods and servicesfor which shortages may occur in the Single Market.
2023/03/31
Committee: IMCO
Amendment 282 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a
(a) an advisory group to advise SMEI Forum to advise and decide whether the Commission onshall trigger the appropriate measures for anticipating, preventing or responding to the impact of a crisis on the Single Market;
2023/03/31
Committee: IMCO
Amendment 290 #

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 response measures and
2023/03/31
Committee: IMCO
Amendment 297 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. Member States shall regularly exchange information on all matters falling within and related to the scope of this Regulation among themselves and with the Commission.
2023/03/31
Committee: IMCO
Amendment 298 #

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 306 #

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 chains.
2023/03/31
Committee: IMCO
Amendment 308 #

2022/0278(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point f a (new)
(f a) critical raw materials as defined in [the EU Critical Raw Materials Act]
2023/03/31
Committee: IMCO
Amendment 309 #

2022/0278(COD)

Proposal for a regulation
Article 2 – paragraph 3 a (new)
3 a. This Regulation shall complement the Integrated Political Crisis Response mechanism operated by the Council under Council Implementing Decision (EU) 2018/1993, if and when activated, as regards its work on Single Market impacts of cross-sectoral crises that require political decision-making.
2023/03/31
Committee: IMCO
Amendment 316 #

2022/0278(COD)

Proposal for a regulation
Article 2 – paragraph 7
7. Any actions under this Regulation shall be consistent with Union’s laws and obligations under international law, such us WTO rules.
2023/03/31
Committee: IMCO
Amendment 318 #

2022/0278(COD)

Proposal for a regulation
Article 2 – paragraph 8
8. This Regulation is without prejudice to the responsibility of the Member States to safeguard national security or their power to safeguard essential state functions and any other prerogatives forseen in the Treaties, including ensuring the territorial integrity of the State and maintaining law and order.
2023/03/31
Committee: IMCO
Amendment 319 #

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 event of extraordinary nature and scale that takes place inside or outside of the Union with a demonstrated risk of life- threatening, serious 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), and which is likley to disrupt the free movement of goods, people and services in the Single Market and cause shortages of critical goods, semi-finished products, raw materials, services and workers in the Single Market;
2023/03/31
Committee: IMCO
Amendment 326 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
(1 a) 'shortage in the Single Market’ means lack or deficiency of critical goods, semi-finished products, raw materials and/or services in the Single Market as a result of an exceptionally high demand or disruptions in the supply chains of goods and services and/or impediments to the movements of people.
2023/03/31
Committee: IMCO
Amendment 332 #

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 Market that severely disrupts the free movement on the Single Market or, the functioning of the supply chains and casues shortages of critical goods, semi- finished products, raw materials and services that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
2023/03/31
Committee: IMCO
Amendment 337 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 4
(4) ‘strategically 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 in particular food, transport, energy, defence, health, cybersecurity, information and digital technology and industrial technologies;
2023/03/31
Committee: IMCO
Amendment 342 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 5
(5) ‘critical goods and services of strategic importance’ means goodcritical goods, semi-finished products, raw materials and services that are indispensable for ensuring the functioning of the Single Market in strategically important areas as described in Article 3(4) of this Regulation and which cannot be substituted or diversified by the Member States;
2023/03/31
Committee: IMCO
Amendment 347 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 6
(6) ‘crisis-relevant critical goods and services’ means goodcritical goods, semi- finished products, raw materials and services, that are indispensable for responding to the crisis or for addressing the impacts of the crisis on the Single Market during a Single Market emergency ;
2023/03/31
Committee: IMCO
Amendment 353 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
(7 a) ‘representative umbrella organisations of economic operators at Union level’ means a legal person that is constituted in accordance with the national law of the Member State whose statutory purpose is to represent economic operators active at EU level from a plurality of sectors and companies (and entrepreneurs) of all sizes.
2023/03/31
Committee: IMCO
Amendment 360 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. An advisory groupThe SMEI Forum is established.
2023/03/31
Committee: IMCO
Amendment 366 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. The advisory groupSMEI forum shall be composed of one representative from each Member State. Each Member State and from representative umbrella organisations of economic operators at Union level. Each SMEI forum member shall nominate a representative and an alternate representative.
2023/03/31
Committee: IMCO
Amendment 378 #

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 advisory group shall assist and adviseset binding decission on the Commission actions as regards the following tasks:
2023/03/31
Committee: IMCO
Amendment 384 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 4 – point b
(b) assessingment of significant incidents that the Member StateSMEI Forum members have alerted the Commission to.
2023/03/31
Committee: IMCO
Amendment 391 #

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) establishing whether the threat referred to in Article 3(2) is present, and the scope of such threat; (b) gathering foresight, data analysis and market intelligence; (c) consulting the representatives of 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 facilitating exchanges and sharing maintaining a repository of
2023/03/31
Committee: IMCO
Amendment 404 #

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 in the following tasksSMEI Forum shall set binding decission on the Commission actions through:
2023/03/31
Committee: IMCO
Amendment 410 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 6 – point b
(b) establishing whether the criteria for activation or deactivation of the emergency mode have been fulfilled and evidences substantiaing such decision are sufficient and reliable;
2023/03/31
Committee: IMCO
Amendment 417 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 7
7. The Commission shall ensure the participation of all bodies at Union level that are relevant to the respective crisis. The advisory group 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 Chips Act], [the EU Critical Raw Materials]. The advisory group shall ensure information exchange with the Emergency Response Coordination Centre under the UCPM.
2023/03/31
Committee: IMCO
Amendment 419 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 8
8. The advisory group shall meet at least three times a year. At its first meeting, on a proposal by and in agreement with the Commission, the advisory group shall adopt its rules of procedure. The SMEI forum members representing umbrella organisations of economic operators at Union level shall have no right to vote.
2023/03/31
Committee: IMCO
Amendment 428 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 9
9. The advisory group may adopt opindecisions, or recommendations or reports in the context of its tasks set out in paragraphs 4 to 6.
2023/03/31
Committee: IMCO
Amendment 430 #

2022/0278(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. Member States shall designate central liaison offices responsible for contacts, coordination and information exchange with the central liaison offices of other Member States and Union level central liaison office under this Regulation. Such liaison offices shall coordinate and compile the inputs from relevant national competent authorities and where appropriate, ensure access to up-to-date crisis-relevant information for economic operators, in real-time whenever technically feasible.
2023/03/31
Committee: IMCO
Amendment 432 #

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 modesand the bodies at Union level that are relevant to the respective crisis for the management of the Single Market vigilance and emergency modes and where appropriate, provision of access to up-to-date crisis-relevant information for economic operators, in real-time whenever technically feasible .
2023/03/31
Committee: IMCO
Amendment 435 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. The Commission taking into consideration the opinion of the advisory group and the input of relevant Union level bodies, is empowered after consulting the Member States, 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: (a) 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 Market; (b) general modalities for secure exchange of information; (c) crisis communication also vis-à-vis the public with a coordinating role for the Commission; (d)deleted cooperation between national and a coordinated approach to risk and the management of the framework.
2023/03/31
Committee: IMCO
Amendment 446 #

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 450 #

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 emergency;
2023/03/31
Committee: IMCO
Amendment 456 #

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 464 #

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 incidents that significantly disrupt or have the potentialis likley to significantly disrupt the functioning of the Single Market and its supply chains and could lead to shortages in the Single Market (significant incidents).
2023/03/31
Committee: IMCO
Amendment 471 #

2022/0278(COD)

Proposal for a regulation
Article 8 – paragraph 3 – introductory part
3. In order to determine whether the disruption or the likelihood of potential disruption of the functioning of the Single Market and its supply chains of goods and services is significant and 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 481 #

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 and its cross-border effects; the impact on specific geographical areas particularly vulnerable or exposed to supply chain disruptions including the EU outermost regions;
2023/03/31
Committee: IMCO
Amendment 486 #

2022/0278(COD)

Proposal for a regulation
Part III
III [...]deleted
2023/03/31
Committee: IMCO
Amendment 581 #

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 Market qualifies as a Single Market emergency, the Commission and SMEI Forum shall, based on concrete and reliable evidence, taking into account at least the following indicators:
2023/03/31
Committee: IMCO
Amendment 590 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point b
(b) an assessment of the demand data and an estimation of the number of economic operations or users relying on the disrupted sector or sectors of the Single Market for the provision of the goods or services concerned;
2023/03/31
Committee: IMCO
Amendment 594 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point c
(c) the importance of the goods or services concerned for other sectorsdisruption in provision of the crisis relevant goods or services for other sectors from the perspective of cross-border impact;
2023/03/31
Committee: IMCO
Amendment 595 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point c a (new)
(c a) estimated shortage of goods and services in the Single Market
2023/03/31
Committee: IMCO
Amendment 601 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point e
(e) the possible measuers economic operators affected have not been able to provide a solution in a reasonable time tomight undertake to address the particular aspects of the crisis on a voluntary basis.
2023/03/31
Committee: IMCO
Amendment 611 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point i
(i) the absence of substitute goods, inputs or services directly linked to the crisis.
2023/03/31
Committee: IMCO
Amendment 617 #

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 621 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. Where the Commission, taking into consideration the opinion provided by the advisory groupogether with the SMEI Forum, 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 625 #

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. It will contain a list of crisis-relevant goods and services. The duration of the activation, hall be specified in the implementing act, and shall be a maximum of six months.
2023/03/31
Committee: IMCO
Amendment 630 #

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 632 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. As soon as the Single Market emergency mode is activated, the Commission shall, without delay, adopt a list of crisis-relevant goods and services by means of an implementing act. The list may be amended by means of implementing acts.deleted
2023/03/31
Committee: IMCO
Amendment 638 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 6
6. The Commission implementing act referred to in paragraph 5 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 646 #

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 groupogether with the SMEI Forum, 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 654 #

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. 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 the information gathered via the monitoring mechanism foreseen by Article 11.
2023/03/31
Committee: IMCO
Amendment 656 #

2022/0278(COD)

Proposal for a regulation
Article 16
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. 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 representatives 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.Article 16 deleted General requirements for measures Single Market emergency When adopting and applying Any restriction shall be limited in Any requirement imposed on Member States shall inform Member States shall ensure that
2023/03/31
Committee: IMCO
Amendment 682 #

2022/0278(COD)

Proposal for a regulation
Article 17
[...]deleted
2023/03/31
Committee: IMCO
Amendment 725 #

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)by means of implementing acts.
2023/03/31
Committee: IMCO
Amendment 731 #

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 737 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
During the Single Market emergency, Member States shall notify to the Commission and SMEI Forum 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 743 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 5
5. If the advisory groupSMEI Forum chooses to deliver an opinion 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 measureout undue delay.
2023/03/31
Committee: IMCO
Amendment 748 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 7
7. Member States shall postpone the adoption of a notified draft measure for 10 days from the date of receipt by the Commission of the notification referred to in this Article.deleted
2023/03/31
Committee: IMCO
Amendment 749 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 8
8. Within 10 days from the date of receipt of the notification, the CommissionThe Commission without undue delay 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 754 #

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 to comply with the comments delivered in accordance with paragraph 8 to the Commission within 10 days after receiving themout undue delay.
2023/03/31
Committee: IMCO
Amendment 755 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 11
11. If the Commission finds that the measures communicated by the notifying Member State are still not in accordance with Union law, it may issue within 30 days of that communication, a decision requiring that Member State to refrain from adopting the notified draft measure. The notifying Member State shall communicate the adopted text of a notified draft measure to the Commission without delay.deleted
2023/03/31
Committee: IMCO
Amendment 757 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 12
12. If the Commission finds that an already adopted measure that has been notified to it, is not in accordance with Union law, it may issue within 30 days of that notification a decision requiring the Member State to abolish itshall coomunicate it to the Member Stae. The notifying Member State shall communicate the text of a revised measure in case it modifies the notified adopted measure without delay.
2023/03/31
Committee: IMCO
Amendment 759 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 13
13. The period of 30 days referred to in paragraphs 11 and 12 may be exceptionally extended by the Commission in order to take account of a change of circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation. The Commission shall set out the reasons justifying any such extension and shall set a new deadline and shall inform the Member States about the new deadline and the reasons for the extension without delay.deleted
2023/03/31
Committee: IMCO
Amendment 761 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 14
14. The Commission decisions referred to in paragraphs 11 and 12 shall be based on available information and may be issued when there are immediately obvious and serious grounds to believe that the notified measures do not comply with Union law, including Article 16 or 17 of this Regulation, the principle of proportionality or the principle of non- discrimination. The adoption of those decisions shall be without prejudice to the possibility for the Commission to adopt measures at a later stage, including the launching of an infringement procedure on the basis of Article 258 TFEU.deleted
2023/03/31
Committee: IMCO
Amendment 767 #

2022/0278(COD)

Proposal for a regulation
Article 21 – paragraph 1 – point a
(a) assistance in requesting andin obtaining information about national restrictions of the free movement of goods, services, persons and workers that are related to an activated Single Market emergency;
2023/03/31
Committee: IMCO
Amendment 768 #

2022/0278(COD)

Proposal for a regulation
Article 21 – paragraph 1 – point b
(b) assistance in the performance of any national level crisis procedures and formalities that have been put in place due to the activated Single Market emergency.
2023/03/31
Committee: IMCO
Amendment 772 #

2022/0278(COD)

Proposal for a regulation
Article 21 – paragraph 2
2. Member States shall ensure that it is possible for citizens, consumers, economic operators and workers and their representatives to receive, at their request and via thean electronic platform or respective single points of contact, information from the competent authorities on the way in which the respective national crisis response measures are generally interpreted and applied. Where appropriate, such information shall include a step-by- step guide. The information shall be provided in clear, understandable and intelligible language. It shall be easily accessible at a distance and by electronic means and shall be kept up to date.
2023/03/31
Committee: IMCO
Amendment 779 #

2022/0278(COD)

Proposal for a regulation
Article 22 – paragraph 2 – point a
(a) assistance in requesting and obtaining information as regards Union level crisis response measures that are relevant to the activated Single Market emergency or which affect the exercise of the free movement of goods, services, persons and workers;
2023/03/31
Committee: IMCO
Amendment 780 #

2022/0278(COD)

Proposal for a regulation
Article 22 – paragraph 2 – point b
(b) assistance in the performance of any crisis procedures and formalities that have been put in place at the Union level due to the activated Single Market emergency;
2023/03/31
Committee: IMCO
Amendment 781 #

2022/0278(COD)

Proposal for a regulation
Article 22 – paragraph 2 – point c
(c) putting together a list with all national crisis measures and national contact points.deleted
2023/03/31
Committee: IMCO
Amendment 782 #

2022/0278(COD)

Proposal for a regulation
Article 22 – paragraph 2 a (new)
2 a. The single point of contact opearing at the Union level shall draft and keep updated a list including all crisis measures taken at the national level, a list of national contact points and assist citizens, consumers, economic operators, workers and their representatives in obtaining relevant information.
2023/03/31
Committee: IMCO
Amendment 784 #

2022/0278(COD)

Proposal for a regulation
Article 23
1. 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. 2.3 deleted Requirement of dual activation Binding measures included in this Chapter shall clearly and specifically list the crisis- relevant goods and services to which such measure applies. That measure shall apply only for the duration of the emergency mode.An implementing act introducing a
2023/03/31
Committee: IMCO
Amendment 789 #

2022/0278(COD)

Proposal for a regulation
Article 24
[...]deleted
2023/03/31
Committee: IMCO
Amendment 828 #

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 compensate for damages in the event of accidental disclosures in accordance with Union and the respective national law.
2023/03/31
Committee: IMCO
Amendment 833 #

2022/0278(COD)

Proposal for a regulation
Article 26 – paragraph 1
When the Single Market emergency mode has been activated by means of a Council implementing act adopted pursuant to Article 14, and there is a shortage of crisis relevant goods the Commission may activate by means of implementing acts the emergency procedures included in the Union legal frameworks amended by [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, and 2014/68/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] as regards crisis-relevant goods, indicating which crisis-relevant goods and emergency procedures are subject to the activation, providing reasons for such activation and its proportionality, and indicating the duration of such activation .
2023/03/31
Committee: IMCO
Amendment 839 #

2022/0278(COD)

Proposal for a regulation
Article 27
[...]deleted
2023/03/31
Committee: IMCO
Amendment 861 #

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. 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 In fixing the amount of the fine, The Court of Justice of the
2023/03/31
Committee: IMCO
Amendment 876 #

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 879 #

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. on which the decision becomes final. 3. enforcement of fines shall be interrupted: (a) 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. running afresh. 5. enforcement of fines shall be suspended for so long as: (a) (b) suspended pursuant to a decision of the Court of Justice of the European Union.Article 30 deleted fines The power of the Commission to Time shall begin to run on the day The limitation period for the by notification of a decision by any action of the Commission Each interruption shall start time The limitation period for the time to pay is allowed; enforcement of payment is
2023/03/31
Committee: IMCO
Amendment 885 #

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 890 #

2022/0278(COD)

Proposal for a regulation
Article 32
Coordinated distribution of strategic Where the strategic reserves constituted by the Member States in accordance with Article 132 prove to be insufficient to meet the needs related 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.deleted reserves
2023/03/31
Committee: IMCO
Amendment 896 #

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 907 #

2022/0278(COD)

Proposal for a regulation
Part V – Chapter I – title
I Procurement of goods crisis-relevandt services of strategic importance and crisis-relevantand goods by the Commission on behalf of Member States during vigilance and emergency modes
2023/03/31
Committee: IMCO
Amendment 911 #

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 916 #

2022/0278(COD)

Proposal for a regulation
Article 34 – paragraph 3
3. Where the Commission agrees to procure on behalf of the Member States, it shall draw up a proposal for a frameworkauthorising agreement to be concluded with the participating Member States allowing the Commission to procure on their behalf. This agreement shall lay down the detailed conditions for the procurement on behalf of the participating Member States referred to in paragraph 1.
2023/03/31
Committee: IMCO
Amendment 919 #

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 922 #

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 924 #

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 933 #

2022/0278(COD)

Proposal for a regulation
Article 38 – paragraph 1
When the Single Market emergency mode has been activated pursuant to Article 14, Member States shall consult each other and the Commission and coordinate their actions withexchange available information on the procurement demand of crisis relevant goods and services listed in the implementing act adopted pursuant to Article 14(3) with each other and the Commission andvia the representatives of the other Member States in the advisory group prior toSMEI Forum. The SMEI Forum may make proposals for voluntary coordination of actions of the Commission and Member States regarding launching of a procurement of crisis- relevant goods and services listed in an implementing act adopted pursuant to Article 14(53) in accordance with Directive 2014/24/EU of the European Parliament and of the Council55 . __________________ 55 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65)..
2023/03/31
Committee: IMCO
Amendment 934 #

2022/0278(COD)

Proposal for a regulation
Article 38 – paragraph 1 a (new)
Where Emergency mode has been activated, contracting authorities and contracting entities of the Member States in relation to procurement of crisis- relevant goods and services may on that basis decide not to apply an IPI measures adopted according to Regulation 2022/1031 of 23 June 2022.
2023/03/31
Committee: IMCO
Amendment 935 #

2022/0278(COD)

Proposal for a regulation
Article 38 – paragraph 1 b (new)
Article 32 (2) of Regulation 2022/2560 of 14 December 2022 is not applied, when contracting authorities and contracting entities of Member States are awarding public contract on crisis-relevant goods and services, included on the list adopted pursuant to Article 14 (3), when only one valid tender has been filed in the contract award procedure.
2023/03/31
Committee: IMCO
Amendment 936 #

2022/0278(COD)

Proposal for a regulation
Article 38 – paragraph 1 c (new)
Where Emergency mode has been activated, the contracting authority or contracting entity may contact in writing all invited candidates before the time limit for receipt of requests to participate or tenders, with the sole purpose of clarifying their intention to submit a request to participate or a tender.
2023/03/31
Committee: IMCO
Amendment 937 #

2022/0278(COD)

Proposal for a regulation
Article 38 – paragraph 1 d (new)
Where Emergency mode has been activated, the contracting authority may, in agreement with the economic operator, modify a contract or a framework contract beyond the threshold referred to in Directive 2014/24/EU, Directive 2014/25/EU, provided that it does not exceed 100% of the initial contract value, and that it is justified as strictly necessary to respond to the evolution of the crisis.
2023/03/31
Committee: IMCO
Amendment 938 #

2022/0278(COD)

Proposal for a regulation
Article 39 – paragraph 1
1. Where the Single Market emergency mode has been activated pursuant to Article 16 and procurement by the Commission on behalf of Member States has been launched in accordance with Articles 34 to 36, the defined contracting authorities of the participating Member States shall not procure goods or services covered by such procurement by other meanmay be obliged in the authorising agreement concluded with the Commission pursuant to Article 34(3) not procure goods or services covered by such procurement by other means. 2. The Member State retains the right to waive any ban on individual procurement action of the contracting authorities established by the authorizing agreement concluded pursuant to Article 34 (3), where such a ban will result in severe and disproportionate disruptions in Member States.
2023/03/31
Committee: IMCO
Amendment 950 #

2022/0278(COD)

Proposal for a regulation
Article 42 – paragraph 3
3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply. The SMEI Committee is obliged to review such implementing act with undue delay. In case the SMEI Committee delivers a negative decision, such decision needs to be taken as soon as possible.
2023/03/31
Committee: IMCO
Amendment 951 #

2022/0278(COD)

Proposal for a regulation
Article 43
1. is conferred on the Commission subject to the conditions laid down in this Article. 2. referred to in Article 6 shall be conferred on the Commission for a period of five years from date of entry into force of this Directive or any other date set by the co- legislators. 3. to in Article 6 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision 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. 4. the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. act, the Commission shall notify it simultaneously to the European Parliament and to the Council.Article 43 deleted Delegated acts The power to adopt delegated acts The power to adopt delegated acts The delegation of power referred Before adopting a delegated act, As soon as it adopts a delegated
2023/03/31
Committee: IMCO
Amendment 954 #

2022/0278(COD)

Proposal for a regulation
Article 44 – title
Report, review and reviewaluation
2023/03/31
Committee: IMCO
Amendment 957 #

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 fivthree years thereafter, 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,carry out an evaluation of the effectiveness of this Regulation and shall submit a report on the functioning of the Regulation to the European Parliament, to the Council and to the European Economic and Social Committee. The report shall be accompanied, where appropriate, by relevant legislative proposals.
2023/03/31
Committee: IMCO
Amendment 965 #

2022/0278(COD)

Proposal for a regulation
Article 44 – paragraph 2
2. This report shall include an evaluation of the work of the advisory group under the emergency framework established by this Regulation, and its relation to the work of other relevant Union level crisis management bodies.deleted
2023/03/31
Committee: IMCO
Amendment 968 #

2022/0278(COD)

Proposal for a regulation
Article 46 – title
Entry into force and application
2023/03/31
Committee: IMCO
Amendment 969 #

2022/0278(COD)

Proposal for a regulation
Article 46 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from [18 months from the entry into force of this Regulation] Or. en (This amendment applies horizontally across the SMEI initiative.)
2023/03/31
Committee: IMCO
Amendment 61 #

2022/0272(COD)

Proposal for a regulation
Recital 9
(9) This Regulation ensures a high level of cybersecurity of products with digital elements. It does not regulate services, such as Software-as-a-Service (SaaS), except for remote data processing solutions relating to a product with digital elements understood as any data processing at a distance for which the software is designed and developed by the manufacturer of the product concthat fall into one or more of the following data processing services models: Infrastructure-as-a-Service (IaaS), Platform-as-a-Service (PaaS), Software-as-a-Service (SaaS). Those service delivery models represent a specific, pre-packaged combination of IT resources offerned or under the responsibility of that manufacturer, and the absence of which would prevent such a product with digital elements from performing by a provider of data processing service. Three base cloud delivery models are further completed by emerging variations, each comprised of a distinct combinatione of its functionIT resources. [Directive XXX/XXXX (NIS2)] puts in place cybersecurity and incident reporting requirements for essential and important entities, such as critical infrastructure, with a view to increasing the resilience of the services they provide. [Directive XXX/XXXX (NIS2)] applies to cloud computing services and cloud service models, such as IaaS, PaaS and SaaS. All entities providing cloud computing services in the Union that meet or exceed the threshold for medium-sized enterprises fall in the scope of that Directive.
2023/04/28
Committee: IMCO
Amendment 64 #

2022/0272(COD)

Proposal for a regulation
Recital 10
(10) In order not to hamper innovation or research, free and open-source software developed or supplied outside the course of a commercial activity should not be covered by this Regulation. This is in particular the case for software, including its source code and modified versions, that is openly shared and freely accessible, usable, modifiable and redistributable. In the context of software, a commercial activity might be characterized not only by charging a price for a product, but also by charging a price for technical support services, by providing a software platform through which the manufacturer monetises other services, or by the use of personal data for reasons other than exclusively for improving the security, compatibility or interoperability of the software. Nonetheless, in order to ensure that individual or micro developers of software as defined in Commission Recommendation 2003/361/EC do not face major financial obstacles and are not discouraged from testing the proof of concept as well as the business case on the market, these entities shall be required to make best efforts in order to comply with the requirements in this proposal during the 18 months from placing a software on the market. This special regime will prevent the chilling effect of high compliance and entry costs could have on entrepreneurs or skilled individuals who consider developing software in the Union.
2023/04/28
Committee: IMCO
Amendment 75 #

2022/0272(COD)

Proposal for a regulation
Recital 19
(19) Certain tasks provided for in this Regulation should be carried out by ENISA, in accordance with Article 3(2) of Regulation (EU) 2019/881the relevant Computer Security Incident Response Teams (CSIRTs) or the relevant market surveillance authority. In particular, ENISACSIRTs should receive notifications from manufacturers of actively exploited vulnerabilities contained ihaving a significant impact on products with digital elements, as well as incidents having an significant impact on the security of those products. ENISA should also forward these notifications to the relevant Computer Security Incident Response Teams (CSIRTs) or, respectively, to the relevant single points of contact of the Member States designated in accordance with Article [Article X] of Directive [Directive XXX / XXXX (NIS2)], and inCSIRTs or the relevant market surveillance authority, should submit to ENISA information on notifications provided such information is relevant for the coordinated response to large-scale cybersecurity incidents. For the purpose of this Regulation, an incident shall be considered to be significant if (i) it has caused or is capable of causing severe operational disruption of the production or the development, build and distribution environment form the relevant market surveillance authorities about manufacturer concerned, that would impact the security of a product; or (ii) it has affected or is capable of affecting other notified vulnerabilityatural or legal persons by causing considerable material or non-material damage. On the basis of the information it gathers, ENISA should prepare a biennial technical report on emerging trends regarding cybersecurity risks in products with digital elements and submit it to the Cooperation Group referred to in Directive [Directive XXX / XXXX (NIS2)](EU) 2022/2555. Furthermore, considering its expertise and mandate, ENISA should be able to support the process for implementation of this Regulation. In particular, it should be able to propose joint activities to be conducted by market surveillance authorities based on indications or information regarding potential non-compliance with this Regulation of products with digital elements across several Member States or identify categories of products for which simultaneous coordinated control actions should be organised. In exceptional circumstances, at the request of the Commission, ENISA should be able to conduct evaluations in respect of specific products with digital elements that present a significant cybersecurity risk, where an immediate intervention is required to preserve the good functioning of the internal market.
2023/04/28
Committee: IMCO
Amendment 77 #

2022/0272(COD)

Proposal for a regulation
Recital 22
(22) In order to ensure that products with digital elements, when placed on the market, do not pose cybersecurity risks to persons and organisations, essential requirements should be set out for such products. When the products are subsequently modified, by physical or digital means, in a way that is not foreseen by the manufacturer and that may imply that they no longer meet the relevant essential requirementsmaterially alters the core function of a product, the modification should be considered as substantial. For example, software updates or repairs could be assimilated to maintenance operations provided that they do not modify a product already placed on the market in such a way that compliance with the applicable requirements may be affected, or that the intended use for which the product has been assessed may be changed. As is the case for physical repairs or modifications, a product with digital elements should be considered as substantially modified by a software change where the software update modifies the original intended functions, type or performance of the product and these changes were not foreseen in the initial risk assessment, or the nature of the hazard has changed or the level of risk has increased because of the software updateintroduce substantial changes to the functions or cybersecurity architecture of a product already placed on the market, that change the level of hazard or risk for which the product was assessed.
2023/04/28
Committee: IMCO
Amendment 81 #

2022/0272(COD)

Proposal for a regulation
Recital 23
(23) In line with the commonly established notion of substantial modification for products regulated by Union harmonisation legislation, whenever a substantial modification occurs that may affect the compliance of a product with this Regulation or when the intended purpose of that product changes, it is appropriate that the compliance of the product with digital elements is verified and that, where applicable, it undergoes a newthe conformity assessment updated. Where applicable, if the manufacturer undertakes a conformity assessment involving a third party, changes that might lead to substantial modifications should be notified to the third party. The subsequent conformity assessment should address the changes that lead to the new assessment, unless these changes have significant impact on the conformity of other parts of the product.
2023/04/28
Committee: IMCO
Amendment 96 #

2022/0272(COD)

Proposal for a regulation
Recital 34
(34) To ensure that the national CSIRTs and the single point of contacts designated in accordance with Article [Article X] of Directive [Directive XX/XXXX (NIS2)] are provided with the information necessary to fulfil their tasks and raise the overall level of cybersecurity of essential and important entities, and to ensure the effective functioning of market surveillance authorities, manufacturers of products with digital elements should notify to ENISA vulnerabilities that are being actively exploited. As most products with digital elements are marketed across the entire internal market, any exploited vulnerability in a product with digital elements should be considered a threat to the functioning of the internal market. Manufacturers should also consider disclosing fixed vulnerabilities to the European vulnerability database established under Directive [Directive XX/XXXX (NIS2)] and managed by ENISA or under any other publicly accessible vulnerability database.deleted
2023/04/28
Committee: IMCO
Amendment 100 #

2022/0272(COD)

Proposal for a regulation
Recital 35
(35) Manufacturers should also report to ENISA any incident having an impact on the security of the product with digital elements. Notwithstanding the incident reporting obligations in Directive [Directive XXX/XXXX (NIS2)] for essential and important entities, it is crucial for ENISA, the single points of contact designated by the Member States relevant CSIRTs or, where applicable the relevant market surveillance authority, any incident having accordance with Article [Article X] of Directive [Directive XXX/XXXX (NIS2)] and the market surveillance authorities to receive information from the manufacturers of significant impact on the security of the products with digital elements allowing them to assess the security of these products. In order to ensure that users can react quickly to incidents having an significant impact on the security of their products with digital elements, manufacturers should also inform their users about any such incident and, where applicable, about any corrective measures that the users can deploy to mitigate the impact of the incident, for example by publishing relevant information on their websites or, where the manufacturer is able to contact the users and where justified by the risks, by reaching out to the users directly.
2023/04/28
Committee: IMCO
Amendment 113 #

2022/0272(COD)

Proposal for a regulation
Article 2 – paragraph 1
1. This Regulation applies to products with digital elements placed on the market whose intended or reasonably foreseeable use includes a direct or indirect logical or physical data connection to a device or network.
2023/04/28
Committee: IMCO
Amendment 115 #

2022/0272(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point c a (new)
(c a) Regulation (EU) 2022/2554;
2023/04/28
Committee: IMCO
Amendment 116 #

2022/0272(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point c b (new)
(c b) Directive (EU) 2022/2555.
2023/04/28
Committee: IMCO
Amendment 121 #

2022/0272(COD)

Proposal for a regulation
Article 2 – paragraph 5 a (new)
5 a. This Regulation does not apply to any supply of a product with digital elements for distribution and use on the Union market where such supply, distribution, and use exclusively occurs within the same group of companies within the meaning of Article 2(13) of Regulation (EU) 2015/848.
2023/04/28
Committee: IMCO
Amendment 124 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘product with digital elements’ means any software or hardware product and its remote data processing solutions, including software or hardware components to be placed on the market separately;
2023/04/28
Committee: IMCO
Amendment 126 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 2
(2) ‘remote data processing’ means any data processing at a distance for which the software is designed and developed by the manufacturer or under the responsibility of the manufacturer, and the absence of which would prevent the product with digital elements from performing one of its functions;deleted
2023/04/28
Committee: IMCO
Amendment 128 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 6
(6) ‘software’ means the part of an electronic information system which consists of computer code, with exception of software relating to the Internet websites;
2023/04/28
Committee: IMCO
Amendment 135 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 26
(26) ‘reasonably foreseeable misuse’ means the use of a product with digital elements in a way that is not in accordance with its intended purpose, but which may result from reasonably foreseeable human behaviour or interaction with other systems;deleted (This amendment applies throughout the text.)
2023/04/28
Committee: IMCO
Amendment 136 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 31
(31) ‘substantial modification’ means a change to the product with digital elements following its placing on the market, which affects the compliance of the product with digital elements with the essential requirements set out in Section 1 of Annex I or results in a modification to the intended use for whichhas material impact on the core function of the product with digital elements has been assessed;
2023/04/28
Committee: IMCO
Amendment 136 #

2022/0272(COD)

Proposal for a regulation
Recital 10
(10) In order not to hamper innovation or research, free and open-source software developed or supplied outside the course of a commercial activity should not be covered by this Regulation. This is in particular the case for software, including its source code and modified versions, that is openly shared and freely accessible, usable, modifiable and redistributable. In the context of software, a commercial activity might be characterized not only by charging a price for a product, but also by charging a price for technical support services, by providing a software platform through which the manufacturer monetises other services, or by the use of personal data for reasons other than exclusively for improving the security, compatibility or interoperability of the software. Nonetheless, in order to ensure that individual or micro developers of software as defined in Commission Recommendation 2003/361/EC do not face major financial obstacles and are not discouraged from testing the proof of concept as well as the business case on the market, these entities shall be required to make best efforts in order to comply with the requirements in this proposal during the 12 months from placing a software on the market. This special regime will prevent the chilling effect of high compliance and entry costs could have on entrepreneurs or skilled individuals who consider developing software in the European Union.
2023/05/04
Committee: ITRE
Amendment 148 #

2022/0272(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. Member States shall not prevent the making available of unfinished software which does not comply with this Regulation provided that the software is only made available for a limited period required for testing purposesin a non-production version for testing purposes, including software labelled as ‘beta,’ ‘pre-release’, or ‘candidate’, and that a visible sign clearly indicates that it does not comply with this Regulation and will not be available on the market for purposes other than testing.
2023/04/28
Committee: IMCO
Amendment 159 #

2022/0272(COD)

Proposal for a regulation
Article 6 – paragraph 5
5. The Commission is empowered to adopt delegated acts in accordance with Article 50 to supplement this Regulation by specifying categories of highly critical products with digital elements for which the manufacturers shall be required to obtain a European cybersecurity certificate under a European cybersecurity certification scheme pursuant to Regulation (EU) 2019/881 to demonstrate conformity with the essential requirements set out in Annex I, or parts thereof. When determining such categories of highly critical products with digital elements, the Commission shall take into account the level of cybersecurity risk related to the category of products with digital elements, in light of one or several of the criteria listed in paragraph 2, as well as in view of the assessment of whether that category of products is: (a) essential entities of the type referred to in Annex [Annex I] to the Directive [Directive XXX/ XXXX (NIS2)] or will have potential future significance for the activities of these entities; or (b) overall supply chain of products with digital elements against disruptive events.used or relied upon by the relevant for the resilience of the
2023/04/28
Committee: IMCO
Amendment 161 #

2022/0272(COD)

Proposal for a regulation
Article 7 – paragraph 1
By way of derogation from Article 2(1), third subparagraph, point (b), of Regulation [General Product Safety Regulation] where products with digital elements are not subject to specific requirements laid down in other Union harmonisation legislation within the meaning of [Article 3, point (25) of the General Product Safety Regulation], Chapter III, Section 1, Chapters V and VII, and Chapters IX to XI of Regulation [General Product Safety Regulation] shall apply to those products with respect to safety risks not covered byProducts with digital elements as defined and falling within the scope of [General Product Safety Regulation] shall be deemed as complying with the cybersecurity requirements for the purpose of [Article 5 of General Product Safety Regulation] if they comply with the requirements of this Regulation.
2023/04/28
Committee: IMCO
Amendment 171 #

2022/0272(COD)

Proposal for a regulation
Article 10 – paragraph -1 (new)
-1. Software manufacturers which qualify as a microenterprise as defined in Commission Recommendation 2003/361/EC shall make best efforts to comply with the requirements in this Regulation during the 18 months from placing a software on the market.
2023/04/28
Committee: IMCO
Amendment 172 #

2022/0272(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. When placing a product with digital elements on the market, manufacturers shall take reasonable measures to ensure that it has been designed, developed and produced in accordance with the essential requirements set out in Section 1 of Annex I.
2023/04/28
Committee: IMCO
Amendment 176 #

2022/0272(COD)

Proposal for a regulation
Article 10 – paragraph 4
4. For the purposes of complying with the obligation laid down in paragraph 1, manufacturers shall exercise due diligence when integrating components sourced from third parties in products with digital elements. They shall take reasonable measures to ensure that such components do not compromise the security of the product with digital elements.
2023/04/28
Committee: IMCO
Amendment 181 #

2022/0272(COD)

Proposal for a regulation
Article 10 – paragraph 6 – subparagraph 1
When placing a product with digital elements on the market, and for the expected product lifetime or for a period of five years from the placing of the product on the market, whichever is shorter or a shorter period, appropriate to the type and specificity of product, manufacturers shall ensure that vulnerabilities of that product are handled effectively and in accordance with the essential requirements set out in Section 2 of Annex I.
2023/04/28
Committee: IMCO
Amendment 189 #

2022/0272(COD)

Proposal for a regulation
Article 10 – paragraph 12
12. From the placing on the market and for the expected product lifetime or for a period of five years after the placing on the market ofr a shorter period, appropriate to the type and specificity of product with digital elements, whichever is shorter, manufacturers who know or have reason to believe that the product with digital elements or the processes put in place by the manufacturer are not in conformity with the essential requirements set out in Annex I shall immediatelywithout undue delay take reasonable measures proportionate to the risk, take the corrective measures necessary to bring that product with digital elements or the manufacturer’s processes into conformity, to withdraw or to recall the product, as appropriate.
2023/04/28
Committee: IMCO
Amendment 194 #

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 ENISAnotify relevant Computer Security Incident Response Teams (CSIRTs) or, where applicable, competent authority of the Member State established under Directive (EU) 2022/2555, any actively exploited vulnerability contained iwith significant impact on the product with digital elements. The notification shall include details concerningbe submitted without undue delay after thate 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 inform the market surveillance authority about the notified vulnerabilityhas been addressed and shall include details concerning that vulnerability and, where applicable, any corrective or mitigating measures taken.
2023/04/28
Committee: IMCO
Amendment 198 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. The manufacturer shall, without undue delay and in any from the moment it becomes aware, notify to releveant within 24 hours of becoming aware of it, notify to ENISA anyCSIRTs or, where applicable, competent authority of the Member State established under Directive (EU) 2022/2555, any major incident having a significant impact on the security of the product with digital elements. 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 inform the market surveillance authority about the notified incidents. The incident notification shall include informationThe incident notification shall be submitted without undue delay and include information strictly necessary to make the competent authority aware of the incident, and where relevant and proportionate to the risk, 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 199 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. ENISA shall submit to the European cyber crisis liaison organisation network (EU-CyCLONe) established by Article [Article X] of Directive [Directive XXX/XXXX (NIS2)]CSIRTs or, where applicable, competent authority of the Member State established under Directive (EU) 2022/2555, shall submit to ENISA information notified pursuant to paragraphs 1 and 2 if such information is relevant for the coordinated management of large-scale cybersecurity incidents and crises at an operational level. ENISA shall submit the information received by the CSIRTs or, where applicable, competent authority of the Member State established under Directive (EU) 2022/2555, to the European cyber crisis liaison organisation network (EUCyCLONe) established by Article 16 of Directive (EU) 2022/2555.
2023/04/28
Committee: IMCO
Amendment 202 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. The manufacturer shall inform, without undue delay and after becoming aware, the users of the product with digital elements about the incida significant incident having major impact on the security of the product with digital elements and, where necessary, about corrective measures that the user can deploy to mitigate the impact of the incident.
2023/04/28
Committee: IMCO
Amendment 205 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 5
5. The Commission, after consulting stakeholders and CSIRTs may, by means of implementing acts, specify further the type of information, format and procedure of the notifications submitted pursuant to paragraphs 1 and 2. Those implementing acts shall be based on European and international standards, such as ISO/IEC 29147 and adopted in accordance with the examination procedure referred to in Article 51(2).
2023/04/28
Committee: IMCO
Amendment 207 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 6
6. ENISA, on the basis of the notifications received pursuant to paragraphs 1, 2 and 23, shall prepare a biennial technical report on emerging trends regarding cybersecurity risks in products with digital elements and submit it to the Cooperation Group referred to in Article [Article X]14 of Directive [Directive XXX/XXXX (NIS2)](EU) 2022/2555. The first such report shall be submitted within 24 months after the obligations laid down in paragraphs 1 and 2 start applying.
2023/04/28
Committee: IMCO
Amendment 217 #

2022/0272(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. Products with digital elements and processes put in place by the manufacturer, which are in conformity with the common specifications referred to in Article 19 shall be presumed to be in conformity with the essential requirements set out in Annex I, to the extent those common specifications cover those requirements.deleted
2023/04/28
Committee: IMCO
Amendment 218 #

2022/0272(COD)

Proposal for a regulation
Article 18 – paragraph 4
4. The Commission is empowered, by means of implementing acts, to specify the European cybersecurity certification schemes adopted pursuant to Regulation (EU) 2019/881 that can be used to demonstrate conformity with the essential requirements or parts thereof as set out in Annex I. Furthermore, where applicable, the Commission shall specify if a cybersecurity certificate issued under such schemes eliminates the obligation of a manufacturer to carry out a third-party conformity assessment for the corresponding requirements, as set out in Article 24(2)(a), (b), (3)(a) and (b). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 51(2).deleted
2023/04/28
Committee: IMCO
Amendment 220 #

2022/0272(COD)

Proposal for a regulation
Article 19
Where harmonised standards referred to in Article 189 do not exist or where the Commission considers that the relevant harmonised standards are insufficient to satisfy the requirements of this Regulation or to comply with the standardisation request of the Commission, or where there are undue delays in the standardisation procedure or where the request for harmonised standards by the Commission has not been accepted by the European standardisation organisations, the Commission is empowered, by means of implementing acts, to adopt common specifications in respect of the essential requirements set out in Annex I. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 51(2). eleted Common specifications (This amendment applies throughout the text to all references of Common specifications.)
2023/04/28
Committee: IMCO
Amendment 241 #

2022/0272(COD)

Proposal for a regulation
Article 24 – paragraph 5 a (new)
5 a. For products with digital elements falling within the scope of this Regulation and which are placed on the market or put into service by credit institutions regulated by Directive 2013/36/EU, the conformity assessment shall be carried out as part of the procedure referred to in Articles 97 to 101 of that Directive.
2023/04/28
Committee: IMCO
Amendment 249 #

2022/0272(COD)

Proposal for a regulation
Article 29 – paragraph 12
12. Conformity assessment bodies shall operate in accordance with a set of consistent, fair and reasonable terms and conditions in line with Article 37(2), in particular taking into account the interests of SMEs in relation to fees.
2023/04/28
Committee: IMCO
Amendment 252 #

2022/0272(COD)

Proposal for a regulation
Article 37 – paragraph 2
2. Conformity assessments shall be carried out in a proportionate manner, avoiding unnecessary burdens for economic operators. Conformity assessment bodies shall perform their activities taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity and the risk exposure of the product type and technology in question and the mass or serial nature of the production process.
2023/04/28
Committee: IMCO
Amendment 262 #

2022/0272(COD)

Proposal for a regulation
Article 41 – paragraph 11 a (new)
11 a. For products with digital elements falling within the scope of this Regulation, distributed, put into service or used by financial institutions regulated by relevant Union legislation on financial services, the market surveillance authority for the purposes of this Regulation shall be the relevant authority responsible for the financial supervision of those institutions under that legislation.
2023/04/28
Committee: IMCO
Amendment 266 #

2022/0272(COD)

Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2
Where, in the course of that evaluation, the market surveillance authority finds that the product with digital elements does not comply with the requirements laid down in this Regulation or otherwise present threat to national security, it shall without delay require the relevant operator to take all appropriate corrective actions to bring the product into compliance with those requirements, to withdraw it from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe.
2023/04/28
Committee: IMCO
Amendment 268 #

2022/0272(COD)

Proposal for a regulation
Article 43 – paragraph 4 – subparagraph 1
Where the manufacturer of a product with digital elements does not take adequate corrective action within the period referred to in paragraph 1, second subparagraph, or the relevant Member States authority consider product to present threat to the national security, the market surveillance authority shall take all appropriate provisional measures to prohibit or restrict that product being made available on its national market, to withdraw it from that market or to recall it.
2023/04/28
Committee: IMCO
Amendment 268 #

2022/0272(COD)

Proposal for a regulation
Article 10 – paragraph -1 (new)
-1. Software manufacturers which qualify as a microenterprise as defined in Commission Recommendation 2003/361/EC shall make best efforts to comply with the requirements in this Regulation during the 12 months from placing a software on the market.
2023/05/04
Committee: ITRE
Amendment 269 #

2022/0272(COD)

Proposal for a regulation
Article 43 – paragraph 7
7. Where, within three months of receipt of the information referred to in paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified. The decision referred to in paragraph 1, concerning threat to national security shall always be deemed justified. This is without prejudice to the procedural rights of the operator concerned in accordance with Article 18 of Regulation (EU) 2019/1020.
2023/04/28
Committee: IMCO
Amendment 270 #

2022/0272(COD)

Proposal for a regulation
Article 45 – paragraph 1
1. Where the Commission has sufficient reasons to consider, including based on information provided by the competent authorities of Member States, the computer security incident response teams (CSIRTs) designated or established in accordance with Directive (EU) 2022/2555 or ENISA, that a product with digital elements that presents a significant cybersecurity risk is non-compliant with the requirements laid down in this Regulation, it may request the relevant market surveillance authorities to carry out an evaluation of compliance and follow the procedures referred to in Article 43.
2023/04/28
Committee: IMCO
Amendment 272 #

2022/0272(COD)

Proposal for a regulation
Article 45 – paragraph 2
2. In exceptional circumstances which justify an immediate intervention to preserve the good functioning of the internal market and where the Commission has sufficient reasons, substantiated by relevant data, to consider that the product referred to in paragraph 1 remains non- compliant with the requirements laid down in this Regulation and no effective measures have been taken by the relevant market surveillance authorities, the Commission may request ENISAthe relevant Member State authority to carry out an evaluation of compliance. The Commission shall inform the relevant market surveillance authorities and ENISA accordingly. The relevant economic operators shall cooperate as necessary with ENISA.
2023/04/28
Committee: IMCO
Amendment 275 #

2022/0272(COD)

Proposal for a regulation
Article 45 – paragraph 3
3. Based on ENISA’s evaluthe Member State authority's evaluation and recommendation, the 3. Commission may decide that a corrective or restrictive measure is necessary at Union level. To this end, it shall without delay consult the Member States concerned and the relevant economic operator or operators.
2023/04/28
Committee: IMCO
Amendment 292 #

2022/0272(COD)

Proposal for a regulation
Article 53 – paragraph 6 – point a a (new)
(a a) the type of manufactured product and whether entity qualifies as microenterprise for the specific compliance regime outlined in the Article 10(-1) of this Regulation.
2023/04/28
Committee: IMCO
Amendment 299 #

2022/0272(COD)

Proposal for a regulation
Article 57 – paragraph 2
It shall apply from [2436 months after the date of entry into force of this Regulation]. However Article 11 shall apply from [124 months after the date of entry into force of this Regulation] and Articles 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38 shall apply from [30 months after the entry into force of this Regulation].
2023/04/28
Committee: IMCO
Amendment 304 #

2022/0272(COD)

Proposal for a regulation
Annex I – Part 1 – point 2
(2) Products with digital elements shall be delivered without any known exploitable vulnerabilitiein a way that does not wilfully create cybersecurity risks;
2023/04/28
Committee: IMCO
Amendment 307 #

2022/0272(COD)

Proposal for a regulation
Annex I – Part 1 – point 3 – point a
(a) be delivered with a secure by default configuration, including the possibility to reset the product to its original statedefault security configuration;
2023/04/28
Committee: IMCO
Amendment 343 #

2022/0272(COD)

Proposal for a regulation
Annex V – paragraph 1 – point 1 – point a
(a) its intended purpose;deleted
2023/04/28
Committee: IMCO
Amendment 344 #

2022/0272(COD)

Proposal for a regulation
Annex V – paragraph 1 – point 2
2. a description of the design, development and production of the product and vulnerability handling processes, including: (a) complete information on the design and development of the product with digital elements, including, where applicable, drawings and schemes and/or a description of the system architecture explaining how software components build on or feed into each other and integrate into the overall processing; (b) specifications of the vulnerability handling processes put in place by the manufacturer, including the software bill of materials, the coordinated vulnerability disclosure policy, evidence of the provision of a contact address for the reporting of the vulnerabilities and a description of the technical solutions chosen for the secure distribution of updates; (c) specifications of the production and monitoring processes of the product with digital elements and the validation of these processes.deleted complete information and complete information and
2023/04/28
Committee: IMCO
Amendment 347 #

2022/0272(COD)

Proposal for a regulation
Annex V – paragraph 1 – point 3
3. an assess statement of the cybersecurity risks against which the product with digital elements is designed, developed, produced, delivered and maintained as laid down in Article 10 of this Regulation;
2023/04/28
Committee: IMCO
Amendment 445 #

2022/0272(COD)

Proposal for a regulation
Article 53 – paragraph 6 – point a a (new)
(aa) the type of manufactured product and whether entity qualifies as microenterprise for the specific compliance regime outlined in the Article 10(-1) of this Regulation.
2023/05/04
Committee: ITRE
Amendment 102 #

2022/0269(COD)

Draft legislative resolution
Paragraph 1
1. Adopts its position at first reading hereinafter setThe European Parliament calls on the Commission to conduct an impact assessment which should assess, at least the coherence of this proposal with other requirements and the direct and indirect consequences of such regulation for consumers and companies, in particular its impact on SMEs. The negotiations in the European Parliament should be postponed until the impact assessment has been carried out;.
2023/06/09
Committee: INTAIMCO
Amendment 103 #

2022/0269(COD)

Proposal for a regulation
Recital 1 a (new)
(1a) Mere difference of wages worldwide is not considered forced labour. Trade, including international trade, plays an independent and positive role in raising average incomes. Compared with businesses that do not trade across borders, exporting companies pay higher-than-average wages to their employees, with low income regions experiencing the strongest increases in wage growth1a. _________________ 1a https://www.oecd- ilibrary.org/docserver/8a34ce38- en.pdf?expires=1685455374&id=id∾cna me=guest✓sum=51DA389067318408C23 B1C22EEAAC669
2023/06/09
Committee: INTAIMCO
Amendment 127 #

2022/0269(COD)

Proposal for a regulation
Recital 10
(10) Articles [XX] of Directive 2013/34/EU of the European Parliament and of the Council require Member States to ensure that certain economic operators annually publish non-financial statements in which they report on the impact of their activity on environmental, social and employee matters, respect for human rights, including regarding forced labour, anti-corruption and bribery matters.26 [Furthermore, Directive 20XX/XX/EU on Corporate Sustainability Reporting puts forward detailed reporting requirements for covered companies regarding the respect of human rights, including in global supply chains. The information that undertakings disclose about human rights should include, where relevant, information about forced labour in their valuesupply chains.27 ] _________________ 26 Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups, OJ 27 Directive 20XX/XX/EU of the European Parliament and of the Council amending Directive 2013/34/EU, Directive 2004/109/EC, Directive 2006/43/EC and Regulation (EU) No 537/2014, as regards corporate sustainability reporting, OJ XX, XX.XX.20XX, p. XX.
2023/06/09
Committee: INTAIMCO
Amendment 159 #

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 investigation where, based on their assessment of all available information, they establish that there is a substantiated concern of a violation of the prohibition. Before initiating an investigation, competent authorities should be able to request additional information from economic operators under assessment, but also from other relevant stakeholders, including persons or associations having submitted relevant information to competent authorities and any other stakeholder working on the products or regions related to the assessment, as well as from diplomatic representations of the Union in relevant third countries. Substantive information and/or claims submitted should be made available to any economic operators under assessment, while safeguarding the identities of the stakeholders involvement.
2023/06/09
Committee: INTAIMCO
Amendment 167 #

2022/0269(COD)

(22) Before initiating an investigation, competent authorities should ensure that substantive information and/or claims submitted should be made available to any economic operators under assessment, while safeguarding the identities of the stakeholders involved. 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, or that the reasons that motivated the existence of a substantiated concern have been eliminated, 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.
2023/06/09
Committee: INTAIMCO
Amendment 183 #

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 190 #

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 192 #

2022/0269(COD)

Proposal for a regulation
Recital 25 a (new)
(25a) Where there is clear and reliable evidence that specific products produced in specific geographic areas present a high risk of having been subject to forced labour applied by state authorities, experts should be able to identify those products as “high risk products”. Criteria for ‘high risk’ designation must be publicly available. Any geographic areas considered for ‘high risk’ designation should allow for consultation and right of response from the relevant third countries before products are formally designated. The Commission should publish transparent and comprehensive guidelines including measurable criteria for economic operators and third countries to meet, to demonstrate that products are no longer ‘high risk’.
2023/06/09
Committee: INTAIMCO
Amendment 195 #

2022/0269(COD)

Proposal for a regulation
Recital 25 b (new)
(25b) Competent authorities cannot, in any case, request undertakings to provide, disclose or publish the business secret and intellectual property such as patents. The protection of confidential information should be respected.
2023/06/09
Committee: INTAIMCO
Amendment 199 #

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 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 access to information collected and allegations submitted, and have the opportunity to provide information in their defence to the competent authorities throughout the investigation.
2023/06/09
Committee: INTAIMCO
Amendment 221 #

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 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. Such decision should be proportionate at least to the scale of forced labour, availability of alternative products, resilience of the EU, complexity of the suply chain and other relevant factors.
2023/06/09
Committee: INTAIMCO
Amendment 227 #

2022/0269(COD)

Proposal for a regulation
Recital 31
(31) Economic operators should have the possibility to request a review of the decisions by the competent authorities, after having provided new information showing that it cannot be concluded that the relevant products have been made with forced labour. Competent authorities should withdraw their decision where they establish on the basis of that new information, that it cannot be established that the products have been made with forced labour. Economic operators should have a right to compensation, including the compensation in case of the prohibition, withdrawal or destruction of products arising from a wrongful decision by a competent authority.
2023/06/09
Committee: INTAIMCO
Amendment 230 #

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 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. Submissions should be addressed to one or more competent authorities. Adequate protection measures should be put in place to ensure the safety of any person associated with the submission or the information contained within it, including from retaliation and reprisals. To ensure ease of use for the submission of information and the standardisation of the information provided, the Commission should set up a user-friendly mechanism for the submission of information, available in all official languages of the institutions of the Union, and free of charge. Substantive and detailed information about claims submitted should be made immediately available to any economic operators concerned, while safeguarding the identities of the natural or legal persons involved in the submission.
2023/06/09
Committee: INTAIMCO
Amendment 258 #

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 shouldmay 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. Such decision should be proportionate, taking into account all relevant factors of the product, economic operator, consumers and the internal market.
2023/06/09
Committee: INTAIMCO
Amendment 285 #

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 288 #

2022/0269(COD)

Proposal for a regulation
Recital 48 a (new)
(48a) In light of the absence of an impact assessment accompanying the Commission's proposal on this Regulation, the Commission should evaluate and publish report on the impact of this Regulation on internal market, competitiveness, consumers and the EU and national budgets. This evaluation should employ specific indicators to assess its effectiveness, efficiency, and overall impact.
2023/06/09
Committee: INTAIMCO
Amendment 299 #

2022/0269(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. This Regulation shall not cover the withdrawal of products which have reached the end-users in the Union market. or have been transformed or integrated into another product.
2023/06/09
Committee: INTAIMCO
Amendment 302 #

2022/0269(COD)

Proposal for a regulation
Article 1 – paragraph 2 a (new)
2a. This Regulation shall apply only to economic operators defined in Article 2 of the Directive (EU) [XXX/XXX] on Corporate Sustainability Due Diligence.
2023/06/09
Committee: INTAIMCO
Amendment 335 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point h
(h) ‘economic operator’ means any natural or legal person or association of persons who is company defined in Article 2 of the Directive (EU) [XXX/XXX] on Corporate Sustainability Due Diligence placing or making available products on the Union market or exporting products;
2023/06/09
Committee: INTAIMCO
Amendment 372 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 1 – introductory part
1. Competent authorities shall follow a risk-based approach in assessing the likelihood that economic operators established in their territory violated Article 3. That assessment shall be based on all relevant information available to them, including the following information:
2023/06/15
Committee: INTAIMCO
Amendment 376 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point e
(e) information requested by the competent authority from other relevant authorities or competent authority of Member States , where necessary, on whether the economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour.
2023/06/15
Committee: INTAIMCO
Amendment 377 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
(ea) direct engagement with the economic operators concerned.
2023/06/15
Committee: INTAIMCO
Amendment 380 #

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, the due diligence plan of the economic operator under the Directive (EU) [XXX/XXX] on Corporate Sustainability Due Diligence with respect to prevent forced labour and the adequacy of the actions undertaken, the quantity of products concerned, as well as the scale of suspected forced labour.
2023/06/15
Committee: INTAIMCO
Amendment 387 #

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 (i) inform and coordinate its actions with any other competent authority designated by the Member State under the Directive (EU) [XXX/XXX] on Corporate Sustainability Due Diligence and the Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law. If a request of information or an investigation has already been launched in relation to similar facts or products, a lead competent authority shall be designated through the coordination mechanism in accordance with Article 12, to avoid duplicating requests of information or investigations. In this case, the competent authorities shall cooperate and share information with each other. (ii) 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 398 #

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 1530 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. In duly justified case, competent authorities may extend the response time by 15 working days.
2023/06/15
Committee: INTAIMCO
Amendment 410 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 5
5. Within 30 working days from the date of receipt of the information submitted by economic operators pursuant to paragraph 4, the competent authorities shall conclude the preliminary phase of their investigation as to whether there is an ongoing and a substantiated concern of violation of Article 3 on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4.
2023/06/15
Committee: INTAIMCO
Amendment 417 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 6
6. The competent authority shall provide an opportunity for and 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. The competent authority shall also take into account difficulties met in collecting reliable information on forced labour, especially in geographical areas other than the ones listed in the database referred to in Article 11.
2023/06/15
Committee: INTAIMCO
Amendment 436 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. Competent authorities that, pursuant to Article 4(5), and where appropriate with reference to the database referred to in Article 11, determine that there is a substantiated concern of a violation of Article 3, shall decide to initiate an investigation on the products and economic operators concerned.
2023/06/15
Committee: INTAIMCO
Amendment 444 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point c
(c) the reasons for the initiation of the investigation, unless it would jeopardise the outcome of the investigation;
2023/06/15
Committee: INTAIMCO
Amendment 449 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point d a (new)
(da) the substantive information of any submission made by any natural or legal person that contributed to initiating an investigation, while withholding their identifying details.
2023/06/15
Committee: INTAIMCO
Amendment 454 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 3 – introductory part
3. Where requested to do so by competent authorities, eEconomic operators under investigation shall have a right to submit to those competent authorities any information that is relevant and necessary for the investigation, including information identifying the products under investigation, the manufacturer or producer of those products and the product suppliers. In requesting such information, competent authorities shall to the extent possible:
2023/06/15
Committee: INTAIMCO
Amendment 459 #

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 likely risk of forced labour occurs and
2023/06/15
Committee: INTAIMCO
Amendment 465 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. Economic operators shall submit the information within 1530 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit. In duly justified case, competent authorities may extend the response time by 15 working days.
2023/06/15
Committee: INTAIMCO
Amendment 474 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 5
5. When deciding on the time limits referred to in this Article, competent authorities shall consider all relevant aspects, including complexity of the product and its supply chain and the size and economic resources of the economic operators concerned.
2023/06/15
Committee: INTAIMCO
Amendment 481 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 6 a (new)
6a. The identity of the economic operator shall not be made publicly available during the investigation.
2023/06/15
Committee: INTAIMCO
Amendment 482 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 6 b (new)
6b. No later than 6 months after the entry into force of this Regulation, the Commission shall issue the guidance on investigation process including best practices and update them on an annual basis.
2023/06/15
Committee: INTAIMCO
Amendment 484 #

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 time60 working days from the date they initiated the investigation pursuant to Article 5(1). This period can in duly justified cases be prolonged by another 60 working days.
2023/06/15
Committee: INTAIMCO
Amendment 493 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. Notwithstanding paragraph 1, competent authorities may establish that Article 3 has been violated on the basis of any other facts available where it was not possible to gather information and evidence pursuant to Article 5(3) or (6).deleted
2023/06/15
Committee: INTAIMCO
Amendment 497 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. Where competent authorities cannot establish that Article 3 has been violatedwithin 60 working days from the date the economic operator submitted the information pursuant to Article 5(4) competent authorities cannot establish that Article 3 has been violated, or where concerns have been addressed and remedied during the course of the investigation, they shall take a decision to close the investigation and inform the economic operator thereof.
2023/06/15
Committee: INTAIMCO
Amendment 502 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 4 – introductory part
4. Where competent authorities establish that Article 3 has been violated, they shall without delay adopt a decision containing one or more of the following measures:
2023/06/15
Committee: INTAIMCO
Amendment 523 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 4 – point c a (new)
(ca) other appropriate remedial measure.
2023/06/15
Committee: INTAIMCO
Amendment 525 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 4 a (new)
4a. When deciding on a measure in accordance with Article 4(4), the competent authority shall consider factors such as the mitigating measures put in place by the economic operator, absence of other safety concerns related to the product, the impact on the EU resilience, the complexity of the supply chain, the existence of alternative products, the costs, environmental and socio-economic impact of the measure.
2023/06/15
Committee: INTAIMCO
Amendment 528 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 5 – introductory part
5. Where an economic operator has failed to comply with the decision referred to in paragraph 4, the competent authorities shall ensure allone of the following:
2023/06/15
Committee: INTAIMCO
Amendment 547 #

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 actively pursued measures to 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.
2023/06/15
Committee: INTAIMCO
Amendment 552 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 6 a (new)
6a. Competent authorities shall ensure that a reasonable period is granted to economic operators to comply with their obligations under this Article.
2023/06/15
Committee: INTAIMCO
Amendment 559 #

2022/0269(COD)

(b) a reasonable time limit for the economic operators to comply with the order, which shall not be less than 360 working days and no longer than necessary to withdraw the respective products. When setting such a time limit, the competent authority shall take into account the economic operator’s size and economic resources;
2023/06/15
Committee: INTAIMCO
Amendment 567 #

2022/0269(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point d a (new)
(da) all information allowing the economic operators to request a review of the decision in accordance with Article 8(5).
2023/06/15
Committee: INTAIMCO
Amendment 574 #

2022/0269(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. A request for a review of a decision adopted pursuant Article 6(4) shallmay contain new information that was not brought to the attention of the competent authority during the investigation. The request for a review shall delay the enforcement of the decision adopted pursuant to Article 6(4) until the competent authority decides on the request for the review.
2023/06/15
Committee: INTAIMCO
Amendment 576 #

2022/0269(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. A competent authority shall take a decision on the request for review within 150 working days from the date of receipt of the request. In case of perishable goods, animals and plants that time limit shall be 5 working days.
2023/06/15
Committee: INTAIMCO
Amendment 600 #

2022/0269(COD)

Proposal for a regulation
Article 9 – paragraph 2 a (new)
2a. The Commission shall without delay inform any affected economic operators and third country authorities, of actions taken or not taken under this paragraph.
2023/06/09
Committee: INTAIMCO
Amendment 603 #

2022/0269(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Submissions of information by any natural or legal person or any association not having legal personality, to competent authorities on alleged violations of Article 3 shall contain information on the economic operators or products concerned and provide the reasons substantiatingobjective reasons along with a minimum level of evidence to support the allegation.
2023/06/09
Committee: INTAIMCO
Amendment 606 #

2022/0269(COD)

Proposal for a regulation
Article 10 – paragraph 1 a (new)
1a. Member States shall ensure that competent authorities are able to dismiss manifestly unfounded cases at the earliest possible stage of the investigation in accordance with national law and that the person submiting the information of manifestly unfounded cases could be held liable for damages including the reputational risks associated with dissemination of unfounded information.
2023/06/09
Committee: INTAIMCO
Amendment 615 #

2022/0269(COD)

Proposal for a regulation
Article 10 – paragraph 2 a (new)
2a. The competent authority shall, as soon as possible, inform the economic operator about the the submission, and the substantive detail therein.
2023/06/09
Committee: INTAIMCO
Amendment 621 #

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,accurate verifiable and regulardaily 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. The assessment of the initial database shall include full and transparent engagement with third country authorities, trading partners and economic operators including request for formal submissions, publicly-available proposed criteria for determining risk levels, and the formation of a Labour Platform stakeholder forum to allow for ongoing feedback on the operation and updating of the database.
2023/06/09
Committee: INTAIMCO
Amendment 629 #

2022/0269(COD)

Proposal for a regulation
Article 11 – paragraph 1 a (new)
1a. Based on verifiable or, where the evidence is impossible to obtain on reliable evidence, external experts may identify products made in geographic areas with forced labour applied by state authorities that are in high-risk of violating Article 3.Criteria for ‘high risk’ designation shall be published. Any geographic areas considered for ‘high risk’ designation shall allow for consultation and right of response from the relevant third countries before products are formally designated. The Commission shall issue guidelines on measurable criteria for economic operators and third countries to meet and to demonstrate that products are no longer ‘high risk’ no later than 6 months after the entry into force of this Regulation.
2023/06/09
Committee: INTAIMCO
Amendment 640 #

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 647 #

2022/0269(COD)

Proposal for a regulation
Article 11 – paragraph 3 a (new)
3a. The process for assessing the initial database shall include full and transparent engagement with third country authorities, trading partners and economic operators including request for formal submissions, publicly-available proposed criteria for determining risk levels, and the formation of a Labour Platform stakeholder forum to allow for ongoing feedback on the operation and updating of the database.
2023/06/09
Committee: INTAIMCO
Amendment 733 #

2022/0269(COD)

Proposal for a regulation
Article 23 – paragraph 1 – introductory part
The Commission shall issue guidelines no later than 186 months after the entry into force of this Regulation, which shall include the following:
2023/06/09
Committee: INTAIMCO
Amendment 735 #

2022/0269(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point a
(a) guidance on due diligence in relation to forced labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations, as well as the size and economic resources of economic operators, taking into account the specificity of all economic sectors, including the agricultural sector;
2023/06/09
Committee: INTAIMCO
Amendment 743 #

2022/0269(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point b
(b) information on risk indicators of both the private sector and risk of state- imposed 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 experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;
2023/06/09
Committee: INTAIMCO
Amendment 756 #

2022/0269(COD)

Proposal for a regulation
Article 23 – paragraph 1 a (new)
The guidelines shall take into account other relevant legislation, such as EU Corporate Sustainability Due Diligence Directive, Regulations on responsible minerals, batteries and deforestation-free products.
2023/06/09
Committee: INTAIMCO
Amendment 823 #

2022/0269(COD)

Proposal for a regulation
Article 30 a (new)
Article30a Evaluation 1. No later than [OP enter DATE = 6 years from its entry into force] 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, the European Economic and Social Committee and the Committee of the Regions. The evaluation shall identify best practices of the implementation of this Regulation and provide at least the following information: a) number of preliminary phase investigations and investigations carried out divided by Member States including the number of cases closed as unsubstantiated; b) the number of people in forced labour globally and in the Union, including analysis of trends before and after the adoption of this Regulation, analysis of the deterrence effect of this Regulation; c) the global value of products and services identified containing forced labour, the share of these products imported to the Union, including analysis of trends before and after the adoption of this Regulation; d) the analysis of key indications and trends related to forced labour, including threats or actual physical harm, restriction of movement, debt bondage, withholding wages or excessive wage reduction, retention of passports; e) the impact of the measures activated in relation to this Regulation on third country actors, Union competition, consumers, Union employees and businesses; f) the value of products subject to the controls, the number, value and share of products not released for free circulation or export per year; g) the interaction of this Regulation with relevant Union and Member State legislation; h) the quantified cost-benefit analyses of the Regulation; i) the analysis of regulatory measures against forced labour in third countries, including the analysis of best practices; j) the share of forced labour production for the domestic country and in production linked to supply chains; k) the website traffic of the database of forced labour. In case the Commission is not able to provide the exact number, the estimation can be provided instead. In any case, the clear explanation of the used methodology of such calculations must be available in the report. The Commission shall gather information for this report without broadening reporting obligation for economic operators using information from all relevant and reliable sources, including European institutions, national competent authorities or internationally recognised bodies and organisations.
2023/06/09
Committee: INTAIMCO
Amendment 20 #

2022/0219(COD)

Proposal for a regulation
Recital 16
(16) As the instrument aims to enhance the competitiveness and efficiency of the Union’s defence industry, to benefit from the instrument, common procurement contracts will need to be placed with legal entities which are established in the Union or in associated countries and are not subject to control by non-associated third countries or by non-associated third- country entities. In that context, control should be understood to be the ability to exercise a decisive influence on a legal entity directly, or indirectly through one or more intermediate legal entities. Additionally, in order to ensure the protection of essential security and defence interests of the Union and its Member States, the infrastructure, facilities, assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located on the territory of a Member State or of an associated third country. Taking into account the short-term need to replenish and expand defence stocks, especially those exacerbated by the transfer of defence products to Ukraine, this restriction should not apply to subcontractors. At the same time, the cost of components originating in non- associated third countries should not exceed 20 percent of the value of the end product. This limit should be increased to 50 percent of the value of the end product for the components originating in non- associated third countries that are members of NATO. Components should not be sourced from non-associated third countries that contravene the security and defence interests of the Union and its Member States, including the respect for the principle of good neighbourly relations.
2023/02/01
Committee: IMCO
Amendment 35 #

2022/0219(COD)

Proposal for a regulation
Recital 18
(18) Furthermore, the common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to control or restriction by a non-associated third country or a non-associated third country entity.deleted
2023/02/01
Committee: IMCO
Amendment 50 #

2022/0219(COD)

1. Only actions fulfilling all of the following criteria shall be eligible for funding under the Instrument:
2023/02/01
Committee: IMCO
Amendment 54 #

2022/0219(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point a
(a) the actions shall involve cooperation for common procurement of the most urgent and critical defence products between eligible entities, as referred to in Article 9, implementing the objectives referred to in Article 3;
2023/02/01
Committee: IMCO
Amendment 55 #

2022/0219(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) the actions shall involve new cooperation or an extension of existing cooperation to at least one new Member States or associated countries;
2023/02/01
Committee: IMCO
Amendment 63 #

2022/0219(COD)

Proposal for a regulation
Article 8 – title
Additional fundingeligibility conditions
2023/02/01
Committee: IMCO
Amendment 64 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Member States or associated third countries shall appoint a procurement agent to act on their behalf for the purpose of the common procurement. The procurement agent shall carry out the procurement procedures and conclude the resulting agreements with contractors on behalf of the participating Member States and associated third countries participating in the common procurement.
2023/02/01
Committee: IMCO
Amendment 77 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 4
4. Contractors and subcontractors involved in the common procurement shall be established and have their executive management structures in the Union or in an associated third country. They shall not be subject to control by a non- associated third country or by a non- associated third country entity.
2023/02/01
Committee: IMCO
Amendment 79 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 5
5. By way of derogation from paragraph 4, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate as contractor and subcontractor involved in the common procurement only if it provides guarantees approved by the Member State or associated third country in which the contractor involved in the procurement process is established.
2023/02/01
Committee: IMCO
Amendment 86 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 8
8. The infrastructure, facilities, assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located on the territory of a Member State or of an associated third country. Where no competitive substitutes are readily available in the Union or in an associated third country, contractors and subcontractors involved in the common procurement may use their assets, infrastructure, facilities and resources located or held outside the territory of the Member States or of the associated third countries provided that such use does not contravene the security and defence interests of the Union and its Member States and is consistent with the objectives set out in Article 3.
2023/02/01
Committee: IMCO
Amendment 89 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 8 a (new)
8 a. By the way of derogation from paragraph 8, taking into account the short-term need to replenish and expand defence stocks, including to compensate for the military assistance to Ukraine, the restriction as referred to in paragraph 8 of this Article shall not apply to subcontractors involved in the common procurement, provided that this does not contravene the security and defence interests of the Union and its Member States and is consistent with the objectives set out in Article 3.
2023/02/01
Committee: IMCO
Amendment 90 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 9
9. Common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to a restriction by a non- associated third country or a non- associated third country entity.deleted
2023/02/01
Committee: IMCO
Amendment 111 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 10 a (new)
10 a. The cost of components originating in non-associated third countries shall not exceed 20 percent of the value of the end product. No components shall be sourced from non- associated third countries that contravene the security and defence interests of the Union and its Member States, in particular Russia.
2023/02/01
Committee: IMCO
Amendment 113 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 10 b (new)
10 b. By the way of derogation from paragraph 10a, the cost of components originating in non-associated third countries that are members of NATO shall not exceed 50 percent of the value of the end product.
2023/02/01
Committee: IMCO
Amendment 118 #

2022/0219(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 1
1. The contribution of the action to strengthening and developing the Union defence industrial base to allow it to address in particular the most urgent and critical defence products needs as referred to in Article 3, including with respect to procurement procedure and delivery lead times, replenishment of stocks, availability and supply; (a) the contribution to the creation of new cross-border cooperation between the Member States or associated third countries; (b) the demonstration of the action’s contribution to the replenishment of stockpiles that have been depleted as a result of the response to the Russian military aggression against Ukraine; (c) the demonstration of the action’s contribution to the replacement of stockpiles of Soviet-era legacy defence systems with European solutions; (d) the contribution of the action to strengthening and developing the Union defence industrial base to allow it to address in particular the most urgent and critical defence products needs as referred to in Article 3, including with respect to procurement procedure and delivery lead times, replenishment of stocks and replacement of stocks with European solutions, availability and supply; (e) the contribution of the action to competitiveness and adaptation of the EDTIB throughout the Union, including through the envisaged ramp-up of its manufacturing capacities, reservation of manufacturing capacities, its reskilling and upskilling, and overall modernization; (f) the contribution of the action to strengthening cooperation among Member States or associated third countries and interoperability of products; (g) the participation of contractors and subcontractors established in Member States that have a common border with Russia or with countries aggressed by Russia, or that have their territorial waters or Exclusive Economic Zones adjacent to those of the countries aggressed by Russia; (h) the estimated size of the common procurement and any declaration by the participants that they will jointly use, stockpile, own or maintain the procured defence products; (i) catalytic effect of Union financial support through demonstration of how the Union contribution can overcome obstacles to common procurement; (j) quality and efficiency of the plans for carrying out of the action. The weighting of the award criteria shall be determined by the Commission, assisted by the Committee as referred to in Article 14.
2023/02/01
Committee: IMCO
Amendment 123 #

2022/0219(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 2
2. the contribution of the action to competitiveness and adaptation of the EDTIB, including through the envisaged ramp-up of its manufacturing capacities, reservation of manufacturing capacities, its reskilling and upskilling, and overall modernization;deleted
2023/02/01
Committee: IMCO
Amendment 125 #

2022/0219(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 3
3. the contribution of the action to strengthening cooperation among Member States or associated countries and interoperability of products;deleted
2023/02/01
Committee: IMCO
Amendment 127 #

2022/0219(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 4
4. the number of Member States or associated countries participating in the common procurement;deleted
2023/02/01
Committee: IMCO
Amendment 131 #

2022/0219(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 5
5. the estimated size of the common procurement and any declaration by the participants that they will jointly use, stockpile, own or maintain the procured defence products;deleted
2023/02/01
Committee: IMCO
Amendment 133 #

2022/0219(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 6
6. catalytic effect of Union financial support through demonstration of how the Union contribution can overcome obstacles to common procurement;deleted
2023/02/01
Committee: IMCO
Amendment 135 #

2022/0219(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 7
7. quality and efficiency of the plans for carrying out of the action.deleted
2023/02/01
Committee: IMCO
Amendment 110 #

2022/0092(COD)

Proposal for a directive
Recital 22
(22) In order for consumers to take better informed decisions and stimulate the demand for, and the supply of, more durable goods, specific information about a product’s durability and reparability should be provided for all types of goods before concluding the contract. Moreover, as regards goods with digital elements, digital content and digital services, where it can be reasonably assessed, consumers should be informed about the period of time during which free software updates are available. Therefore, Directive 2011/83/EU of the European Parliament and of the Council27 should be amended to provide consumers, including in an official language or in official languages of the Member State where the good is sold, with pre-contractual information about durability, reparability and the availability of updates. Information should be provided to consumers in a clear and comprehensible manner and in line with the accessibility requirements of Directive 2019/88228 . The obligation to provide this information to consumers complements and does not affect the rights of consumers provided in Directives (EU) 2019/77029 and, (EU) 2019/77130 and (EU) 2011/83 of the European Parliament and of the Council. __________________ 27 Directive 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 (OJ L 304, 22.11.2011, p. 64). 28 Directive 2019/882/EU 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). 29 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). 30 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).
2022/11/24
Committee: IMCO
Amendment 114 #

2022/0092(COD)

Proposal for a directive
Recital 23 a (new)
(23a) Another commercial practice observed, which should be classified as unfair in all circumstances, is when a producer offers a different commercial guarantee and repair conditions for the same model of product depending on the Member State where the product is to be offered. For example, a manufacturer offers a five-year commercial guarantee period for the same model of washing machine in one Member State and only a three-year period in another Member State, which bears the hallmarks of discrimination and double standards in the treatment of consumers in the target markets. Without prejudice to the provisions of Article 17 of Directive 2019/771 and respecting different periods of legal guarantee and its impact on the total length of the commercial guarantee and the legal guarantee, such practices should be prohibited.
2022/11/24
Committee: IMCO
Amendment 146 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point o
(o) ‘environmental claim’ means any message or representation in any form, which is not mandatory under Union law or national law, including text, pictorial, graphic or symbolic representation, in any form, including labels, brand names, company names or product names, in the context of a commercial communication, which states or implies that a product or trader has a positive or no impact on the environment or is less damaging to the environment than other products or traders, respectively, or has improved their impact over time;
2022/11/24
Committee: IMCO
Amendment 150 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point p
(p) ‘explicit environmental claim’ means an environmental claim that is in textual form or contained in a sustainability label;deleted
2022/11/24
Committee: IMCO
Amendment 152 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point q
(q) ‘gener‘vague or non-specific environmental claim’ (q) means any explicit environmental claim, in textual form and not contained in a sustainability label, where the specification of the claim is not provided in clear and prominent terms on the same medium; This new definition shall apply throughout the text. The updated text reflects existing ISO 14021:2016 standard.ich is vague or non-specific or generally implies that a product is environmentally beneficial or environmentally benign, and which is not substantiated through robust and science- based criteria or methodologies and definitions, inter alia, existing and recognised international standards; Or. enJustification
2022/11/24
Committee: IMCO
Amendment 171 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point w
(w) ‘mandatory software update’ means a free update, including a security update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771; This amendment applies throughout the text.Or. enJustification
2022/11/24
Committee: IMCO
Amendment 175 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point x
(x) ‘consumable’ means any component of a good that is used up recurrently and needs to be replaced or replenished for the good to function as intended;
2022/11/24
Committee: IMCO
Amendment 190 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 2005/29/EC
Article 6 – paragraph 2 – point e
(e) advertising as a distinctive part of the product benefits for consumers that are considered as a common practice in the relevant market according to Union and national law and public authorities guidelines.
2022/11/24
Committee: IMCO
Amendment 200 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a a (new)
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14
(aa) point 14 is amended as follows: ‘(14) ‘commercial guarantee’ means any undertaking by the trader or a producer (to the guarantor) to the consumerconsumer, including regarding durability of the product as referred to in Article 17 of Directive (EU) 2019/771, in addition to his legal obligation relating to the guarantee of conformity, to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract;’;
2022/11/24
Committee: IMCO
Amendment 201 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14 a
(14a) ‘commercial guarantee of durability’ means a producer’s commercial guarantee of durability referred to in Article 17 of Directive (EU) 2019/771, under which the producer is directly liable to the consumer during the entire period of that guarantee for repair or replacement of the goods;deleted
2022/11/24
Committee: IMCO
Amendment 206 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
(14d) ‘reparability score’ means a score expressing the capacity of a good to be repaired, based on a method established in accordance withand harmonised at Union lawevel;
2022/11/24
Committee: IMCO
Amendment 218 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e a
(ea) for all goods, where the producer makes it available, information that the goods benefit from a commercial guarantee of durability and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two years;
2022/11/24
Committee: IMCO
Amendment 223 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e b
(eb) for energy-using goods, where the producer does not make available the information referred to in point (ea), information that the producer has not provided information on the existence of a commercial guarantee of durability of more than two years. This information shall be at least as prominent as any other information about the existence and the conditions of after- sales services and commercial guarantees provided in accordance with point (e);
2022/11/24
Committee: IMCO
Amendment 225 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e c
(ec) for goods with digital elements, where the producer makes such information availapplicable, the minimum period in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ea), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durability;
2022/11/24
Committee: IMCO
Amendment 232 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e d
(ed) for digital content and digital services, where their provider is different from the trader and makes such information available, the reasonably expected minimum period in units of time during which the provider provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time;
2022/11/24
Committee: IMCO
Amendment 233 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point ed a (new)
(eda) The manufacturer of the product shall provide the relevant information on sustainable consumption choices to all other traders interacting with the customers for the purpose of delivering such an information to customers. The traders who do not act as the manufacturers of the product shall be responsible for presenting all required information. The manufacturer shall be responsible for the accuracy and correctness of the information unless it concerns an obvious or otherwise easy to discover false claim for a diligent economic operator.
2022/11/24
Committee: IMCO
Amendment 237 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Directive 2011/83/EU
Article 5 – paragraph 1 – point i
(i) where applicable and where the provider makes such information available, the reparability score for the goods;
2022/11/24
Committee: IMCO
Amendment 238 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Directive 2011/83/EU
Article 5 – paragraph 1 – point i a (new)
(ia) where the producer does not make available the information referred to in point (i), information that the producer has not provided information on the reparability score. This information shall be displayed in a prominent way;
2022/11/24
Committee: IMCO
Amendment 243 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Directive 2011/83/EU
Article 5 – paragraph 1 – point j a (new)
(ja) where applicable, the information that the producer makes it possible, and provides access to the third party producers to information that facilitates manufacturing of replacement parts.
2022/11/24
Committee: IMCO
Amendment 254 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m a
(ma) for all types of goods, where the producer makes it available, information that the goods benefit from a commercial guarantee of durability and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two years;
2022/11/24
Committee: IMCO
Amendment 258 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m b
(mb) for energy-using goods, where the producer does not make available information referred to in point (ma), information that the producer has not provided information on the existence of a commercial guarantee of durability of more than two years. This information shall be at least as prominent as any other information about the existence and the conditions of after- sales services and commercial guarantees provided in accordance with point (m);
2022/11/24
Committee: IMCO
Amendment 259 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m c
(mc) for goods with digital elements, where the producer makes such information availapplicable, the minimum period in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ma), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durabilityvider provides software updates;
2022/11/24
Committee: IMCO
Amendment 266 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m d
(md) for digital content and digital services, where their provider is different from the trader and makes such information available, the reasonably expected minimum period in units of time during which the provider provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time;
2022/11/24
Committee: IMCO
Amendment 267 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point md a (new)
(mda) The manufacturer of the product shall provide the relevant information on sustainable consumption choices to all other traders interacting with the customers for the purpose of delivering such an information to customers. The traders who do not act as the manufacturers of the product shall be responsible for presenting all required information. The manufacturer shall be responsible for the accuracy and correctness of the information unless it concerns an obvious or otherwise easy to discover false claim for a diligent economic operator.
2022/11/24
Committee: IMCO
Amendment 272 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Directive 2011/83/EU
Article 6 – paragraph 1 – point u
(u) where applicable, and where the provider makes such information available the reparability score for the goods;
2022/11/24
Committee: IMCO
Amendment 273 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Directive 2011/83/EU
Article 6 – paragraph 1 – point u a (new)
(ua) where the producer does not make available the information referred to in point (u), information that the producer has not provided information on the reparability score. This information shall be displayed in a prominent way.
2022/11/24
Committee: IMCO
Amendment 279 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Directive 2011/83/EU
Article 6 – paragraph 1 – point v a (new)
(va) where applicable, the information that the producer makes it possible, and provides access to the third party producers to information that facilitates manufacturing of replacement parts.
2022/11/24
Committee: IMCO
Amendment 282 #

2022/0092(COD)

Proposal for a directive
Article 3 – paragraph 1
By [5 years from adoption], the Commission shall submit a report on the application of this Directive to the European Parliament and to the Council. That report shall contain an assessment if the Directive contributed to the removal of the non-tariff barriers to the trade of sustainable products and services in the internal market and achieved the objective of enhancing the protection of consumers against unfair commercial practices and misleading advertising of products advertised as sustainable as well as a summary of positive and negative effects on businesses, and in particular on small and medium-sized enterprises.
2022/11/24
Committee: IMCO
Amendment 286 #

2022/0092(COD)

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish by [1824 months from adoption] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
2022/11/24
Committee: IMCO
Amendment 289 #

2022/0092(COD)

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
They shall apply those provisions from [2430 months from adoption].
2022/11/24
Committee: IMCO
Amendment 299 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 a
4a. Making a generic environmental claim for which the trader is not able to demonstrate recognised excellent environmental performance relevant to thevague or non-specific environmental claim.
2022/11/24
Committee: IMCO
Amendment 301 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 b
4b. Making an environmental claim about the entire product when it actually concerns only a certain aspect of the product and which overall value for the environment does not exceed other elements of the product.;
2022/11/24
Committee: IMCO
Amendment 315 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 d
23d. Omitting to inform the consumer that a mandatory software update will have reasonably predictable consequences and as a result will negatively impact the use of goods with digital elements or certain features of those goods even if the software update improves the functioning of other features.
2022/11/24
Committee: IMCO
Amendment 331 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 g
23g. Presenting goods as allowing repair when they do not or repair is significantly hindered, or omitting to inform the consumer that goods do not allow repair in accordance with legal requirements.
2022/11/24
Committee: IMCO
Amendment 340 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i a (new)
23ia. Offering by the same producer or trader of disadvantageous terms or of a shorter period of commercial guarantee for the same product in one or more Member States resulting in a disadvantageous situation when comparing the situations in different Member States.
2022/11/24
Committee: IMCO
Amendment 733 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g
(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;
2022/12/07
Committee: JURI
Amendment 829 #

2022/0051(COD)

Proposal for a directive
Article 4 a (new)
Article 4a Without prejudice to civil liability of subsidiaries in accordance with Article 22, Member States shall ensure that parent companies falling under the scope of this Directive may fulfil the obligations set out in Article 5, Article 6, Article 7, Article 8, Article 9, Article 10, Article 11 and Article 15(1) and (2) on behalf of companies which are their subsidiaries falling under the scope of this Directive.
2022/12/07
Committee: JURI
Amendment 862 #

2022/0051(COD)

Proposal for a directive
Article 5 – paragraph 2
2. Member States shall ensure that the companies update their due diligence policy annuallyt least every 24 months.
2022/12/07
Committee: JURI
Amendment 1215 #

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 124 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.
2022/12/08
Committee: JURI
Amendment 1316 #

2022/0051(COD)

Proposal for a directive
Article 15 – paragraph 1
1. Member States shall ensure that companies referred to in Article 2(1), point (a), and Article 2(2), point (a), shall adopt a plan to ensure that the business model and strategy of the company are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement. This plan shall, in particular, identify, on the basis of information reasonably available to the company, the extent to which climate change is a risk for, or an impactand covered by the Directive of the European Parliament and of the Council amending Directive 2013/34/EU, Directive 2004/109/EC, Directive 2006/43/EC and Regulation (EU) No 537/2014, as regards corporate sustainability reporting shall adopt the plan mentioned in Article 1 point 3 (Article 19a point (2) (a) (iii)) of, the company’s operationsat Directive.
2022/12/08
Committee: JURI
Amendment 1334 #

2022/0051(COD)

Proposal for a directive
Article 15 – paragraph 3
3. Member States shall ensure that companies duly take into account the fulfilment of the obligations referred to in paragraphs 1 and 2 when setting variable remuneration, if variable remuneration is linked to the contribution of a director to the company’s business strategy and long- term interests and sustainability.deleted
2022/12/08
Committee: JURI
Amendment 1552 #

2022/0051(COD)

Proposal for a directive
Article 24
Member States shall ensure that companies applying for public support certify that no sanctions have been imposed on them for a failure to comply with the obligations of this Directive.Article 24 deleted Public support
2022/12/08
Committee: JURI
Amendment 1565 #

2022/0051(COD)

Proposal for a directive
Article 25 – paragraph 2
2. Member States shall ensure that their laws, regulations and administrative provisions providing for a breach of directors’ duties apply also to the provisions of this Article.deleted
2022/12/08
Committee: JURI
Amendment 1621 #

2022/0051(COD)

Proposal for a directive
Article 30 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by … [OJ to insert: 23 years from the entry into force of this Directive] at the latest, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
2022/12/08
Committee: JURI
Amendment 1629 #

2022/0051(COD)

Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – point a
(a) from… [OJ to insert: 23 years from the entry into force of this Directive] as regards companies referred to in Article 2(1), point (a), and Article 2(2), point (a);
2022/12/08
Committee: JURI
Amendment 1634 #

2022/0051(COD)

Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – point b
(b) from … [OJ to insert: 45 years from the entry into force of this Directive] as regards companies referred to in Article 2(1), point (b), and Article 2(2), point (b).
2022/12/08
Committee: JURI
Amendment 119 #

2022/0047(COD)

Proposal for a regulation
Recital 5
(5) This Regulation ensures that users of a product or related service in the Union can access, in a timely manner, the data generated by the use of that product or related service and that those users can use the data, including by sharing them with third parties of their choice. 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 processcloud computing 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 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 products or related services.
2022/11/10
Committee: JURI
Amendment 120 #

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 the user of that product. It gives rise to questions of fairness in the digital economy, because the data recorded by such 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.deleted
2022/11/10
Committee: JURI
Amendment 121 #

2022/0047(COD)

Proposal for a regulation
Recital 6 a (new)
(6 a) While the obligation to make data available as provided by Union law, including Article 4(3), Article 5(8), Article 6 and Article 19(2) of this Regulation, or by national legislation implementing Union law, should be effective, this Regulation should not question the protection of trade secrets as such and that the access is only granted under measures that warrant for the protection of trade secrets within the meaning of Directive (EU) 2016/943.
2022/11/10
Committee: JURI
Amendment 130 #

2022/0047(COD)

Proposal for a regulation
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components, data concerning their performance, use or environment and that are able to communicate that data via a publicly 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.
2022/11/10
Committee: JURI
Amendment 138 #

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. Where on-device access is technically supported, the manufacturer should make this means of access also available to third-party service providers or the user. 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. 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. Where either option is available, the user or third party should choose their preferred method.
2022/11/10
Committee: JURI
Amendment 156 #

2022/0047(COD)

Proposal for a regulation
Recital 56
(56) In situations of exceptional need, it may be necessary for public sector bodies or Union institutions, agencies or bodies to use data held by an enterprise to respond to public emergencies or in other exceptional cases. Research-performing organisations and research-funding organisations could also be organised as public sector bodies or bodies governed by public law. To ensure coherent practices between Member States and predictable environment for private entities, the Member States and the Commission should identify the bodies that can request access to data owned by the enterprises. To limit the burden on businesses, micro and small enterprises should be exempted from the obligation to provide public sector bodies and Union institutions, agencies or bodies data in situations of exceptional need.
2022/11/10
Committee: JURI
Amendment 158 #

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 identified public sector bodies or to identified Union institutions, agencies or bodies upon their request and within the remit of their activities. The existence of a public emergency is determined according to the respective procedures in the Member States or of relevant international organisations.
2022/11/10
Committee: JURI
Amendment 165 #

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. The business whose data is to be shared, provided it acts in a good faith, should also have the possibility to raise objection concerning planned data transfer in order to protect its security, integrity or confidentiality. _________________ 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).
2022/11/10
Committee: JURI
Amendment 175 #

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 of the European Parliament and of the Council. The 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, the Commission should be enabled to mandate the development of harmonised standards for the interoperability of data processcloud computing services.
2022/11/10
Committee: JURI
Amendment 188 #

2022/0047(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. Union law on the protection of personal data, privacy and confidentiality of communications and integrity of terminal equipment shall apply to personal data processed in connection with the rights and obligations laid down in this Regulation. This Regulation shall not affect the applicability of Union law on the protection of personal data, in particularis without prejudice to Regulations (EU) 2016/679 and (EU) 2018/1725 and Directives 2002/58/EC, including and (EU) 2016/680, including with regard to the powers and competences of supervisory authorities. Insofar as data subjects are concerned, the rights laid down in Chapter II of this Regulation are concerned, and where users are the data subjects of personal data subject to the rights and obligations under that Chapter, the provisions of this Regulation shall complement the right of data portability under Article 20 of Regulation (EU) 2016/679 and shall not adversely affect data protection rights of others.
2022/11/10
Committee: JURI
Amendment 215 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person who has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, or in the case of non-personal data and through control of the technical designownership of the product andor related services, the ability at the time the data is generated by the usage, to make available certain data;
2022/11/10
Committee: JURI
Amendment 218 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 9
(9) ‘public sector body’ means identified national, regional or local authorities of the Member States and bodies governed by public law of the Member States, or associations formed by one or more such authorities or one or more such bodies;
2022/11/10
Committee: JURI
Amendment 222 #

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 provable risk of serious 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);
2022/11/10
Committee: JURI
Amendment 225 #

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 remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed natureservice 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 interaction;
2022/11/10
Committee: JURI
Amendment 234 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 1 a (new)
1 a. Where products and related services are already subject to privacy by design requirements, especially Art. 11 of EU (2016/680), this regulation shall not oblige manufacturers to re-design their products and related services to comply with the requirements laid down in this regulation.
2022/11/10
Committee: JURI
Amendment 243 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point c – point i (new)
i) The data holder shall provide information on the data structures, data formats, vocabularies, classification schemes, taxonomies and code lists, where available, which shall be described in a publicly available and consistent manner;
2022/11/10
Committee: JURI
Amendment 244 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point c – point ii (new)
ii) The technical means to access the data, such as Software Development Kits or application programming interfaces , and their terms of use and quality of service shall be sufficiently described to enable the development of such means of access;
2022/11/10
Committee: JURI
Amendment 256 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 a (new)
2 a. Where on-device access is technically supported, the manufacturer shall make this means of access also available to third-party service providers in a non-discriminatory manner.
2022/11/10
Committee: JURI
Amendment 261 #

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 feasible. Manufacturer, where technically supported, shall provide on-device access in a non-discriminatory manner. Where on-device and off-device access are available, the user or third party shall choose their preferred method.
2022/11/10
Committee: JURI
Amendment 283 #

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 product or related service to a third party, without undue delay, free of charge to the user, of the same quality as is available to the data holder and, where applicable, continuously and in real-time. Such data shall be digitally processable and interpretable and shall at least provide basic context, metadata and time stamp.
2022/11/10
Committee: JURI
Amendment 327 #

2022/0047(COD)

Proposal for a regulation
Article 10 – paragraph 1 a (new)
1 a. The user shall have access to dispute settlement bodies, certified in accordance with paragraph 2 of this Article, to settle disputes with data holders or data recipients or any third party in relation to breach of user's rights under this Regulation. The user shall have the right to allow a third party to pursue its legal claims on its behalf.
2022/11/10
Committee: JURI
Amendment 341 #

2022/0047(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. A contractual term, concerning the access to and use of data or the liability and remedies for the breach or the termination of data related obligations which has been unilaterally imposed by an enterprise on a micro, small or medium-sized enterprise as defined in Article 2 of the Annex to Recommendation 2003/361/EC shall not be binding on the latter enterpriseor which has been unilaterally imposed by an enterprise which is the sole source of the data they hold shall not be binding on the micro, small or medium-sized enterprise or the data recipient, respectively, if it is unfair.
2022/11/10
Committee: JURI
Amendment 359 #

2022/0047(COD)

Proposal for a regulation
Article 14 – paragraph 1 a (new)
1 a. For the purpose of the request referred to in paragraph 1, the Member States authority referred to in Article 31 and the Commission shall establish a procedure to identify a list of dependent public sector bodies.This list shall be available to the public.While identifying the relevant public sector bodies, the Member States and the Commission shall consider what is strictly necessary to achieve the objectives of this Regulation .
2022/11/10
Committee: JURI
Amendment 361 #

2022/0047(COD)

Proposal for a regulation
Article 14 – paragraph 2 a (new)
2 a. This Chapter shall not apply to categories of data already within the scope of application of sector-specific Union law regulating the sharing of data between enterprises and public bodies.
2022/11/10
Committee: JURI
Amendment 365 #

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 deemed to exist in any of the following circumstances, and in alignment with Article 23 of Regulation (EU) 2016/679:
2022/11/10
Committee: JURI
Amendment 373 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point c – introductory part
(c) as a measure of last resort, 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
2022/11/10
Committee: JURI
Amendment 379 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a a (new)
(a a) request data within its remit;
2022/11/10
Committee: JURI
Amendment 385 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point d
(d) concern, insofar as possible, non- personal data;
2022/11/10
Committee: JURI
Amendment 389 #

2022/0047(COD)

Paragraph 3 does not preclude a public sector body or a Union institution, agency or body to exchange data obtained pursuant to this Chapter with another public sector body, Union institution, agency or body, 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 public sector bodies, Union institutions, agencies or bodies pursuant to Article 19 apply to such third parties. Data received by third parties from public bodies due to a request under Article 15 shall not be used to develop any services which may compete with the services of the original data holder.
2022/11/10
Committee: JURI
Amendment 392 #

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 intends to transmits or makes data available under this paragraph, it shall notify the data holder from whom the data was received. Within 5 working days of that notification, the data holder shall have the right to submit reasonable objection to the intention of the public sector body to transmit or make its data available. In the case of a rejection by the public sector body, data holder may brought the objection to the competent authority referred to in Article 31.
2022/11/10
Committee: JURI
Amendment 397 #

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 within 5 working days following the receipt of a request for the data necessary to respond to a public emergency and within 1530 working days in other cases of exceptional need, on either of the following grounds:
2022/11/10
Committee: JURI
Amendment 399 #

2022/0047(COD)

Proposal for a regulation
Article 18 – paragraph 2 – point b a (new)
(b a) provided security measures concerning transfer, storing and maintaining data confidentiality are insufficient.
2022/11/10
Committee: JURI
Amendment 408 #

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 thea request under Article 15(a). In such a case, the public sector body or the Union institution, agency or body shall take appropriate measures to preserve the confidentiality of those trade secrets.
2022/11/10
Committee: JURI
Amendment 411 #

2022/0047(COD)

Proposal for a regulation
Article 19 – paragraph 2 a (new)
2 a. Notwithstanding Article 21(1), a public sector body or a Union institution, agency or body shall be responsible for the security of the data they receive.
2022/11/10
Committee: JURI
Amendment 425 #

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;
2022/11/10
Committee: JURI
Amendment 431 #

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;
2022/11/10
Committee: JURI
Amendment 432 #

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.
2022/11/10
Committee: JURI
Amendment 453 #

2022/0047(COD)

Proposal for a regulation
Article 27 a (new)
Article 27 a List of third-country jurisdictions 1. The Commission may, by way of implementing acts, adopt a list of third country jurisdictions where international transfer or governmental access to non personal data held in the Union would create a conflict with Union law or the national law of the relevant Member State, taking into account: (i) conflicting regulations including on data protection, public security, national security; (ii) access to the reasoned objection procedure; (iii) the level of risk to lose the confidentiality of commercially sensitive data; (iv) international commitments; (v) third country adequacy recognition under article 45 of Regulation 2016/679 Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). When developing the list, the Commission shall consult and take due account of the recommendations issued by the Data Innovation Board established under Regulation [xxx – Data Governance Act] and other relevant expert groups.
2022/11/10
Committee: JURI
Amendment 473 #

2022/0047(COD)

Proposal for a regulation
Article 42 – paragraph 2
It shall apply from [124 months after the date of entry into force of this Regulation].
2022/11/10
Committee: JURI
Amendment 30 #

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 industryvaluate the industry competitiveness and to structural changes due to fast innovation cycles and the need for sustainability of supply and production. 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.
2022/11/04
Committee: JURI
Amendment 34 #

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 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. Given the lack of the impact assessment accompanying the Commission proposal and proposed untested method of subsidizing production, the Commission should regularly and carefully publish and deliver relevant information and assessments about the impact of this regulation on internal market, competitiveness and the EU and national budgets.
2022/11/04
Committee: JURI
Amendment 60 #

2022/0032(COD)

Proposal for a regulation
Recital 17 a (new)
(17 a) ‘semiconductor crisis’ means a serious disruption to the supply of semiconductors, leading to significant long-term or structural shortages of semiconductors, which poses a serious threat to the functioning of critical sectors;
2022/11/04
Committee: JURI
Amendment 70 #

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.deleted
2022/11/04
Committee: JURI
Amendment 77 #

2022/0032(COD)

Proposal for a regulation
Recital 28
(28) In light of this, tThe Commission, in consultation with the European Semiconductor Board, should prepar and relevant stakeholders, should assess and evaluate the grounneed 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. The added value of the Union certification should be quantified, accompanied with the cost-benefit analysis and confirmed by the independent assessment which should be published.
2022/11/04
Committee: JURI
Amendment 87 #

2022/0032(COD)

Proposal for a regulation
Recital 35
(35) As part of the monitoring, national competent authorities should also do a mapping of undertakings operating in the Union along the semiconductor supply chain established in their national territory and notify this information to the Commission taking into account professional secrecy.
2022/11/04
Committee: JURI
Amendment 90 #

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 inventory level of semiconductors in the critical sectors and other risks that may disrupt, compromise or negatively affect the supply chain. Those risks could 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.
2022/11/04
Committee: JURI
Amendment 94 #

2022/0032(COD)

Proposal for a regulation
Recital 39 a (new)
(39 a) In order to prevent the disruption in market competitiveness, the Commission should analyse the long-term effects of the subsidies granted in relation to this Regulation on innovations as subsidies and other forms of support can encourage complacency at recipient firms, therefore acting against technological upgrading in the semiconductor industry. The analysis should be publicly available and updated at least every 3 years.
2022/11/04
Committee: JURI
Amendment 98 #

2022/0032(COD)

Proposal for a regulation
Recital 44
(44) Close cooperation between the Commission and the Member States 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 and should be evidence based with quantified or, in the absence of sufficient information, duly estimated impact on the internal market.
2022/11/04
Committee: JURI
Amendment 110 #

2022/0032(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point c
(c) setting up a coordination mechanism between the Member States and the Commission for monitoring the supply of semiconductors and crisis response to semiconductor shortages in the specific cases..
2022/11/04
Committee: JURI
Amendment 117 #

2022/0032(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
(16 a) ‘critical entity’ means a critical entity as defined in Article 2(1) of Directive (EU) No 2022/…. on the resilience of critical entities];
2022/11/04
Committee: JURI
Amendment 126 #

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 to enable development and deployment of cutting- edge and next generation semiconductor and quantum technologies that will demonstrably and quantifiably prove the added value of the investment for the Union citizens, in sectors where no private alternative of funding exists, reinforce the Union advanced design, systems integration and chips production capabilities, as well as contribute to the achievement of the twin digital and green transition.
2022/11/04
Committee: JURI
Amendment 183 #

2022/0032(COD)

Proposal for a regulation
Article 15 – title
Monitoring and alerting of semiconductor crisis
2022/11/04
Committee: JURI
Amendment 184 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – introductory part
When Member States receive relevant and reliable information about warning indicators identified pursuant to Article 16, they shall carry out regular monitoring of the semiconductor value chain. In particular, they shall:
2022/11/04
Committee: JURI
Amendment 185 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – point a
(a) monitorencourage relevant stakeholders to monitor and inform them about early warning indicators identified pursuant to Article 16;
2022/11/04
Committee: JURI
Amendment 186 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – point a a (new)
(a a) identify best practices for risk mitigation and crisis measures;
2022/11/04
Committee: JURI
Amendment 187 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – point a b (new)
(a b) assess the risks threatening the functioning of critical entities in relation semiconductors;
2022/11/04
Committee: JURI
Amendment 188 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – point a c (new)
(a c) compare and quantify the impacts of the available risk mitigation measures;
2022/11/04
Committee: JURI
Amendment 189 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Member States shall provide relevant findings to the European Semiconductor Board in the form of regular updates.
2022/11/04
Committee: JURI
Amendment 190 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. Member States shall invitencourage 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 updatesis information.
2022/11/04
Committee: JURI
Amendment 192 #

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. National competent authorities in such case will 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. Provision of such information shall be voluntary.
2022/11/04
Committee: JURI
Amendment 195 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. Where a Member State becomes aware of a potentially considerable semiconductor crisis, a significant fluctuation in demand or has concrete and reliable information of any other risk factor or event materialising, it shall immediatelmay alert the Commission (‘early warning’).
2022/11/04
Committee: JURI
Amendment 196 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 7
7. National competent authorities designated pursuant to Article 26(1) shallmay map undertakings operating along the semiconductor supply chain in their national territory, including non- confidential information on the services or goods, and contact information. They shallmay notify this list and any subsequent update to the Commission. The Commission may issue guidance, after consulting the European Semiconductor Board, to further specify the information to be gathered and define the technical specifications and formats.
2022/11/04
Committee: JURI
Amendment 198 #

2022/0032(COD)

Proposal for a regulation
Article 16 – paragraph 2 a (new)
2 a. 2 a. By [18 months after entering into force of this Regulation], the Commission shall assess whether, in view of regulatory and market development, the risk assessment and early warning indicators are effective, proportionate, evidence-based and sufficient to identify the risks. The early warning indicators shall also assess the optimal level of resilience considering the market effectiveness, market flexibility, the resilience price premium and the risk premium. Where appropriate, the Commission shall amend or terminate this article for that purpose, accompanied by impact assessment including quantified cost-benefit analysis and an external study.
2022/11/04
Committee: JURI
Amendment 201 #

2022/0032(COD)

Proposal for a regulation
Article 18 – paragraph 1 – introductory part
1. A semiconductor crisis shall be considered to occur when there are serious long-term or structural disruptions in the supply of semiconductors leading to significant shortages, which:threatening the functioning of critical sectors.
2022/11/04
Committee: JURI
Amendment 202 #

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 economic sectors in the Union, ordeleted
2022/11/04
Committee: JURI
Amendment 203 #

2022/0032(COD)

Proposal for a regulation
Article 18 – paragraph 1 – point b
(b) prevent the supply, repair and maintenance of essential products used by critical sectors.deleted
2022/11/04
Committee: JURI
Amendment 206 #

2022/0032(COD)

Proposal for a regulation
Article 18 – paragraph 4
4. During theBefore and during the confirmed 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. 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.
2022/11/04
Committee: JURI
Amendment 208 #

2022/0032(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. The Commission may, after consulting the European Semiconductor Board,shall 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.
2022/11/04
Committee: JURI
Amendment 212 #

2022/0032(COD)

Proposal for a regulation
Article 19 – paragraph 5
5. The Commission shall regularly inform the European Parliament and the Council of any measures taken in accordance with paragraph 1 and explain the reasons of its decision while taking into account the professional or other relevant secrecy.
2022/11/04
Committee: JURI
Amendment 217 #

2022/0032(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. The request for information shall be voluntary 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 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.
2022/11/04
Committee: JURI
Amendment 220 #

2022/0032(COD)

Proposal for a regulation
Article 20 – paragraph 3
3. The owners of the undertakings 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 shallmay supply the information requested on behalf of the undertaking or the association of undertakings concerned. Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shallmay remain fully responsible if the information supplied is incomplete, incorrect or misleading.
2022/11/04
Committee: JURI
Amendment 221 #

2022/0032(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. Should an undertaking supply incorrect, incomplete or misleading information in response to a request made pursuant to this Article, or not supply the information within the prescribed time limit, it shall be subject to fines set in accordance with Article 28.deleted
2022/11/04
Committee: JURI
Amendment 223 #

2022/0032(COD)

Proposal for a regulation
Article 21
[...]deleted
2022/11/04
Committee: JURI
Amendment 231 #

2022/0032(COD)

Proposal for a regulation
Article 21 – paragraph 6 a (new)
6 a. By [18 months after entering into force of this Regulation], the Commission shall assess whether, in view of regulatory, technical and market development, it is appropriate, effective, proportionate and justified to establish Common purchasing tool, and, where appropriate, shall amend or terminate this article for that purpose, accompanied by an impact assessment including quantified cost-benefit analysis and an external study.
2022/11/04
Committee: JURI
Amendment 233 #

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’). Common purchasing shall be exclusively used to adress supply chain shortages leading to the semiconductor crisis.
2022/11/04
Committee: JURI
Amendment 235 #

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. Where the Commission intends not to follow the request, it shall inform the Member States concerned and the European Semiconductor Board and give and publish reasons for its refusal.
2022/11/04
Committee: JURI
Amendment 237 #

2022/0032(COD)

Proposal for a regulation
Article 22 – paragraph 5
5. Where the procurement of crisis- relevant products includes financing from the Union budget, specific conditions may be set out in specific agreements with economic operators. The contracts shall be publicly available.
2022/11/04
Committee: JURI
Amendment 243 #

2022/0032(COD)

Proposal for a regulation
Article 26 – paragraph 4
4. Each Member State shall notify the Commission of the designation of the national competent authority not later than 60 days after entering into force of this Regulation and, where applicable, the reasons for designating more than one national competent authority, and the national single point of contact, including their precise tasks and responsibilities under this Regulation, their contact information and any subsequent changes thereto.
2022/11/04
Committee: JURI
Amendment 244 #

2022/0032(COD)

Proposal for a regulation
Article 26 – paragraph 6
6. Member States shall ensure that national competent authorities, whenever appropriate, and in accordance with Union and national law, consult and cooperate with other relevant national authorities, as well as with relevant interested parties. The Commission shall facilitate the regular exchange of experience between national competent authorities.
2022/11/04
Committee: JURI
Amendment 250 #

2022/0032(COD)

Proposal for a regulation
Article 28
1. The Commission may, by decision, where deemed necessary and proportionate: (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, or does not supply the information within the prescribed time limit; (b) impose fines, where an undertaking, intentionally or through gross negligence, does not comply with the obligation to inform the Commission of a third country obligation pursuant to Article 20(5) and Article 21(3); (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. 2. Fines imposed in the cases referred to in paragraph 1 (a) and (b) shall not exceed 300 000 EUR. 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. 4. In fixing the amount of the fine or periodic penalty payment, regard shall be had to the nature, gravity and duration of the infringement, taking due account of the principles of proportionality and appropriateness. 5. Where the undertaking has satisfied the obligation which the periodic penalty payment was intended to enforce, the Commission may fix the definitive amount of the periodic penalty payment at a figure lower than that which would arise under the original decision. 6. The Court of Justice of the European Union shall have unlimited jurisdiction to review decisions whereby the Commission has fixed a fine or a periodic penalty payment. It may cancel, reduce or increase the fine or periodic penalty payment imposed.Article 28 deleted Penalties and fines
2022/11/04
Committee: JURI
Amendment 253 #

2022/0032(COD)

Proposal for a regulation
Article 29
Limitation period for the imposition of fines and periodic penalty payments 1. The powers conferred on the Commission by Article 28 shall be subject to the following limitation periods: (a) two years in the case of infringements of provisions concerning requests of information pursuant to Article 20; (b) two years in the case of infringements of provisions concerning information obligation pursuant to Article 20(5) and Article 21(3); (c) three years in the case infringements of provisions concerning the obligation to prioritise the production of crisis-relevant products pursuant to Article 21. 2. The time shall begin to run on the day on which the infringement is committed. However, in case of continuous or repeated infringements, time shall begin to run on the day on which the infringement ceases. 3. Any action taken by the 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. The interruption of the limitation period shall apply for all the parties which are held responsible for the participation in the infringement. 5. Each interruption shall start the 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 or a periodic penalty payment. 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
2022/11/04
Committee: JURI
Amendment 254 #

2022/0032(COD)

Proposal for a regulation
Article 30
Limitation period for the enforcement of 1. The power of the Commission to enforce decisions taken pursuant to Article 28 shall be subject to a limitation period of three 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 and periodic penalties payments shall be interrupted: (a) by notification of a decision varying the original amount of the fine or periodic penalty payment or refusing an application for variation; (b) by any action of the Commission or of a Member State, acting at the request of the Commission, designed to enforce payment of the fine or periodic penalty payment. 4. Each interruption shall start time running afresh. 5. The limitation period for the enforcement of fines and periodic penalty payments shall be suspended for so long as: (a) time to pay is allowed; (b) enforcement of payment is suspended pursuant to a decision of the Court of Justice.Article 30 deleted penalties
2022/11/04
Committee: JURI
Amendment 255 #

2022/0032(COD)

Proposal for a regulation
Article 31
Right to be heard for the imposition of 1. Before adopting a decision pursuant to 28, the Commission shall give the undertaking or representative organisations of undertakings concerned the opportunity of being heard on: (a) preliminary findings of the Commission, including any matter to which the Commission has taken objections; (b) measures that the Commission may intend to take in view of the preliminary findings pursuant to point (a) of this paragraph. 2. Undertakings and representative organisations of undertakings 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 14 days. 3. The Commission shall base its decisions only on objections on which undertakings and representative organisations of undertakings concerned have been able to comment. 4. The rights of defence of the undertaking or representative organisations of undertakings concerned shall be fully respected in any proceedings. The undertaking or representative organisations of undertakings 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 undertakings 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 or periodic penalty payments
2022/11/04
Committee: JURI
Amendment 257 #

2022/0032(COD)

Proposal for a regulation
Article 35 – paragraph 1 a (new)
1 a. The report shall quantify the impacts, it may consider the Total Net Present Social Value and Business Net Present Value. The report shall cover at least the following areas: (a) analysis of impacts on the foreign direct investments in the Union, including the analysis of countries structure and trends; (b) ex-ante and ex-post analysis of impact of this Regulation on the consumer welfare, including short-term and long term impacts; (c) ex-post and ex-ante cost-benefit analysis of this Regulation;Quantifiable measurable indicators that would confirm that the proposed regulation brings more benefit than costs; (d) ex-post review of the objetives stated in this Regulation, analysis of the deviations; (e) analysis of the subsudies measures in third countries, if applicable their impact on the consumer and internal market; (f) analysis of past semiconductor significant shortages and impacts of market or regulatory interventions leading to market balance.Analysis of market flexibility and market bariers in the semiconductor supply chain. (g) analysis of results and added value of investments under this Regulation
2022/11/04
Committee: JURI
Amendment 258 #

2022/0032(COD)

Proposal for a regulation
Article 36 – paragraph 2 a (new)
This regulation shall expire by 31 December 2029.
2022/11/04
Committee: JURI
Amendment 4 #

2021/2180(INI)

Draft opinion
Paragraph 1
1. Emphasises the important role of the Committee on Petitions in identifying and flagging possible breaches of the rule of law by both national and Union administrations, taking into account the numerous petitions received from citizens concerned about breaches of the rule of law in several Member States; strongly believes that full protection of all EU citizens can only be ensured throughout the Union if all Member States and EU institutions comply with all principles of the rule of law and the division of competences as granted in the Treaties;
2022/02/08
Committee: PETI
Amendment 15 #

2021/2180(INI)

Draft opinion
Paragraph 3
3. Emphasises that judicial accountability and prosecutorial and judicial independence are crucial components of the rule of law; calls on the Commission to enforce these core EU values when they are infringed by Member States in order to increase citizens’ trust in the judiciary;
2022/02/08
Committee: PETI
Amendment 22 #

2021/2180(INI)

4. Points to the high amount of petitions1 in relation toNotes petitions1 on the impact and challenges brought by the COVID-19 pandemic; recalls for an investigation into whether COVID-19-related measures were limited in time and whether their necessity and proportionality was justified; requests an assessment of the checks and balances during the pandemic, especially given that courts in several Member States have already ruled that certain measures were not consistent with the national constitution; underlines the need to have a clear legal regime in place before a crisisof guidelines in place before a crisis in order to ensure the proportionality and the necessity of the measures taken ; _________________ 1 Petitions No 1438/2020, 1469/2020, 1493/2020, 1501/2020, 0038/2021, 0046/2021, 0053/2021, 0106/2021, 0152/2021, 0186/2021 and 0533/2021.
2022/02/08
Committee: PETI
Amendment 28 #

2021/2180(INI)

Draft opinion
Paragraph 5
5. Notes that emergency regimes and decree-laws were urgently instated by governments in several Member States because of the COVID-19 pandemic, and that this has affected the functioning of the national justice systems and the activity of the courts; draws attention to the lack of participation and the non- involvement of national parliaments in the decision-making and the closure of parliaments during the pandemic, which has increased the power of governments and has led to a lack of accountability and transparency;
2022/02/08
Committee: PETI
Amendment 37 #

2021/2180(INI)

Draft opinion
Paragraph 7
7. Is deeply concerned about the status of Poland’s Constitutional Tribunal, the close connection between prosecutors and the government (in particular the Public Prosecutor General/Minister of Justice) and the complete disregard for not only EU law requirements, but also European Convention on Human Rights and Polish Constitutional requirements2 ; is further concerned about the impartiality of the judiciary in Hungary3 and the independence of the judiciary in Spain4 ; _________________ 2 Petitions No 0559/2020, 1154/2020, 1246/2020, 1360/2020 and 0869/2021. 3 Petition No 1512/2020. 4 Petitions No 1180/2020, 1182/2020, 1326/2020, 1367/2020, 1561/2020 and 0353/2021.deleted
2022/02/08
Committee: PETI
Amendment 51 #

2021/2180(INI)

Draft opinion
Paragraph 8
8. Stresses the indispensability of enforcing court sentences, both at national and EU level; condemns all national and regional governments on EU territory that refuse to follow judgments; emphasises that sentences of the Court of Justice of the European Union have to be implemented in a timely manner and as soon as possible in accordance with the Treaties, which the Member States agreed to comply with5 in those topics where the European Union has exclusive competences; _________________ 5 Petition No 0858/2017.
2022/02/08
Committee: PETI
Amendment 53 #

2021/2180(INI)

Draft opinion
Paragraph 8 a (new)
8 a. Regrets the attitudes of the Catalan government authorities, boasting publicly of their refusal to comply with the judgments ruled by the competent courts in the field of education, flagrantly breaching the right of children to study in the official language of their Member State; considers that these attitudes and actions, together with the harassment of the plaintiffs, jeopardise the compliance of the rule of law and the separation of powers, thereby seriously harming the law and the rights of citizens;
2022/02/08
Committee: PETI
Amendment 57 #

2021/2180(INI)

Draft opinion
Paragraph 9
9. Invites the Commission to take measures to strengthen corruption prevention6 in order to create more transparency in administration and improve access to information about lobbying and oversight of political party, trade unions, NGOs and employers' associations financing; _________________ 6 Petitions No 0822/2020 and 0194/2020.
2022/02/08
Committee: PETI
Amendment 81 #

2021/2180(INI)

Draft opinion
Paragraph 13
13. Observes that fake news and the resulting misinformation aimed at EU citizens are a threat to our EU democracies10 especially when the source of misinformation is founded in the institutions of the European Union or the Member States; notes, however, that overly extensive control of false information and the increased promotion of disinformation campaigns may lead to a violation of Article 11(1) of the EU Charter of Fundamental Rights which guarantees the right to receive and impart information and ideas without interference by public authorities and regardless of borders11 ; _________________ 10 Petitions No 1310/2019, 0268/2020, 0743/2020 and 1293/2020. 11 Petition No 1336/2020.
2022/02/08
Committee: PETI
Amendment 85 #

2021/2180(INI)

Draft opinion
Paragraph 14
14. Is concerned about the increase in hate crimes agpropaganda campaigns that minorities, in particular those related to religious beliefs, political ideas and sexual orientation12 ; is aware of the difficult balance between hate speech and freedom of expression and acknowledges that the boundaries are hard to defineare being targeted with hate crimes; Points out that the balance between hate speech and freedom of expression is very hard to define and therefore before taking legal or any other measures, detail analysis should be made; in this regard recalls the need of strict supervision of the codes and mechanisms used by social media platforms to make their assessments on posted content; _________________ 12 Petitions No 0354/2020, 0657/2020, 1038/2020, 0471/2021, 0480/2021, 0667/2021, 0704/2021, 0725/2021, 0820/2021, 0855/2021 and 0894/2021.
2022/02/08
Committee: PETI
Amendment 90 #

2021/2180(INI)

Draft opinion
Paragraph 15
15. Stresses that the findings of the Rule of Law report should be operationalised in concrete policy actions and that the report should only serve conjointly with other instruments, such as infringement procedures, the procedures enshrined in the Conditionality Regulation13 , the rule of law framework and Article 7 of the Treaty on European Union; urges the Commission to use its tools more effectively and in a timely manner; asks the Commission to introduce deadlines for the recommendations based on the Rule of Law report; _________________ 13 Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget, OJ L 433I , 22.12.2020, p. 1.deleted
2022/02/08
Committee: PETI
Amendment 98 #

2021/2180(INI)

Draft opinion
Paragraph 16
16. Underlines that the role of civil society organisations is of particular importance; calls on the Commission to foster debates with civil society organisations in order to take note of all their concerns and involve them more effectively in follow-up meetings; highlights the need to offer longer consultation periods to guarantee proper participation of all civil society organisations., while noting at the same time that a clear set of rules on their financing should be developed;
2022/02/08
Committee: PETI
Amendment 105 #

2021/2180(INI)

Draft opinion
Paragraph 16 a (new)
16 a. Deplores the actions of concealment and omission carried by public administrations in relation to the sexual abuse of minors under the care of regional administrations in Spain[1];recalls that the rights of minors must be protected super omnia; condemns those politicians who tried to dismiss parliamentary investigations aimed at clarifying responsibilities for ideological or partisan reasons16a; _________________ 16a Petition No 1313/2020 and 0468/2021
2022/02/08
Committee: PETI
Amendment 106 #

2021/2180(INI)

Draft opinion
Paragraph 16 b (new)
16 b. Condemns the restriction to the freedom of movement of citizens affected by the "low emission zones" imposed in big cities; regrets that these arbitrary political measures mainly harm the most vulnerable citizens who cannot renounce to use their old cars16b _________________ 16b PetitionNo 1358/2020 and 0621/2021
2022/02/08
Committee: PETI
Amendment 109 #

2021/2180(INI)

Draft opinion
Paragraph 16 c (new)
16 c. Shows its total solidarity and full support for all victims of terrorism; condemns the fact that current governments negotiate with the heirs of armed bands; regrets that there are still unsolved terrorist attacks, especially the 379 unsolved murders committed by the terrorist group ETA16c _________________ 16c Fact Finding Mission to Vitoria and Madrid, Spain for the 379 unsolved cases of murders perpetrated by the terrorist group ETA
2022/02/08
Committee: PETI
Amendment 64 #

2021/2166(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Calls on the Commission and the Council to respect the Treaties and the division of competences between the EU and the Member States;
2022/03/09
Committee: JURI
Amendment 102 #

2021/2166(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Notes that currently see many legislative initiatives being prepared by the Commission imposing new burdens on entrepreneurs, propose that each new legislative initiative that burdens businesses should remove at least two other;
2022/03/09
Committee: JURI
Amendment 154 #

2021/2166(INI)

Motion for a resolution
Paragraph 13 a (new)
13 a. Stresses the importance of easy access for citizens to the sources of law, which is currently difficult in relation to EU law, because and the need to create a single transparent website where the entire legislative process and additional documents of all EU institutions can be followed;
2022/03/09
Committee: JURI
Amendment 74 #

2021/2046(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas the development of new technologies, such as the electric or hydrogen-powered engines, and the relevant infrastructure are not proceeding at a satisfactory pace;
2021/05/27
Committee: TRAN
Amendment 96 #

2021/2046(INI)

Motion for a resolution
Recital H a (new)
Ha. whereas, as a result of the Covid- 19 pandemic, the transport sector has suffered huge losses, including the passenger transport sector;
2021/05/27
Committee: TRAN
Amendment 138 #

2021/2046(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Stresses that any legislative proposal implementing this strategy should be based on a detailed analysis of its impact on the environment, employment, the internal market and the competitiveness of the transport sector;
2021/05/27
Committee: TRAN
Amendment 142 #

2021/2046(INI)

Motion for a resolution
Paragraph 2
2. Calls on the Commission and the Member States to support the sustainable and smart mobility transformation through the Next Generation EU recovery package; Emphasizes that the National Recovery Plans should include the proper amount of rail investments in infrastructure and rolling stock, so that the goals of the Mobility Strategy could be achieved.
2021/05/27
Committee: TRAN
Amendment 194 #

2021/2046(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the Commission’s efforts to accelerate the uptake of low and zero- emission vehicles low and zero- emission fuels; calls on the Commission to aim for higher numbers of low and zero- emission light- and heavy- duty vehicles by 2030 and to propose more stringent CO2 standards and air-pollutant emission standards;
2021/05/27
Committee: TRAN
Amendment 219 #

2021/2046(INI)

Motion for a resolution
Paragraph 4
4. Calls on the Commission to 4. propose bindinggeneral targets for public charging points as well as for hydrogen refuelling stations; believes that Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure2 should be transformed into a regulation; nd hydrogen refuelling stations, while leaving the setting of national targets up to Member States under their national policy frameworks, taking into account social-economical and geographical situation, national and regional demand, density of infrastructure network and other specifics of each country; Stresses that in the forthcoming revision of Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure2 the Commission shall foreseen additional actions to ensure full interoperability of infrastructure devoted to low and zero- emission alternative fuel vehicles and all services of alternative fuels infrastructure use; _________________ 2 OJ L 307 28.10.2014, p. 1.
2021/05/27
Committee: TRAN
Amendment 262 #

2021/2046(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Highlights the need, in the short and medium term, to promote the development of alternative fuels such as biomethane, hydrogen and synthetic fuels, in order to support the haulage sector on the road to carbon neutrality;
2021/05/27
Committee: TRAN
Amendment 265 #

2021/2046(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Points out that the most reliable measurement of carbon emissions is the 'well-to-wheel' approach, which measures both the carbon intensity of the production process of the fuel itself and the amount of CO2 produced as a result of its combustion; only on the basis of this way of measuring carbon emissions can measures be proposed that will actually lead to the decarbonisation of the transport sector;
2021/05/27
Committee: TRAN
Amendment 354 #

2021/2046(INI)

Motion for a resolution
Paragraph 9
9. Welcomes the Commission’s idea to offer consumers carbon-neutral choices for scheduled collective travel by 2030, but underlines that these choices should be available for journeys up to 1 000 kmand stresses importance of sustainable and climate-friendly collective passenger transport such as railway and long- distance buses: bus carriages often have an important social role and they are either complementary to rail or the only mobility option in many regions and areas, and provide affordable and sustainable connectivity for millions of citizens;
2021/05/27
Committee: TRAN
Amendment 355 #

2021/2046(INI)

Motion for a resolution
Paragraph 9
9. WelcomNotes the Commission’s idea to offer consumers carbon-neutral choices for scheduled collective travel by 2030, but underlines that these choices should be available for journeys up to 1 000 km; stresses that the passenger transport sector suffered significant financial losses as a result of the Covid-19 pandemic and therefore needs adequate financial support and a gradual introduction of zero-emission solutions depending on the speed of technological development;
2021/05/27
Committee: TRAN
Amendment 368 #

2021/2046(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Urges the Council and Member States to finalise the reform of Regulation (EC) No 1073/2009 on common rules for access to the international market for coach and bus services proposed as part of the clean mobility package, in order to improve functioning of inter-urban bus and coach services and provide citizens with better quality, affordable and sustainable mode of transport and contributing in reduction of use of passenger cars;
2021/05/27
Committee: TRAN
Amendment 384 #

2021/2046(INI)

Motion for a resolution
Paragraph 10
10. Stresses the need to complete missing cross-border links, including via motorways of the sea, to improve interurban cross-country connections;
2021/05/27
Committee: TRAN
Amendment 476 #

2021/2046(INI)

Motion for a resolution
Paragraph 13
13. Welcomes the Commission’s continued support to shift freight transport towards rail, short sea shipping and inland waterways; regrets the fact that, despite these efforts,underlines, in this context, that rather than setting unrealistic goals, intermodal transport requires the introduction of appropriate incentives that take account of the schare of road freight transport has increased in recent yearsacteristics and needs of each mode of transport and investments in infrastructure;
2021/05/27
Committee: TRAN
Amendment 495 #

2021/2046(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Stresses the importance of further development of railway infrastructure, with particular emphasis on TEN-T and trans-border sections, as well as adequate financing thereof, as reliable, extensive, interoperable railway infrastructure is one of the preconditions for shift towards more sustainable transport.
2021/05/27
Committee: TRAN
Amendment 505 #

2021/2046(INI)

13b. Welcomes the results of the studies requested by the EC which confirm that adopted provisions of the Mobility Package I contain solutions that will make it more difficult to achieve the objective of reducing emissions from road transport, causing significant negative effects on the environment and health of EU citizens; Calls on the EC to immediately propose a legislative proposal amending those provisions of the Mobility Package I that are contrary to the objectives of the Green Deal, in particular concerning the obligation to return the vehicle to the country of registration;
2021/05/27
Committee: TRAN
Amendment 514 #

2021/2046(INI)

Motion for a resolution
Paragraph 14
14. Stresses the need to completntinue the internalisation of external costs for all modes of transport, as it offers important steps towards a more efficient use of the infrastructures and reducing the transport sector’s emissions, while the proposed measures should clearly justify gains and benefits for users against the increase in costs, as well as offer solutions on how to secure fairness for transport users and to avoid a disproportionate burden for certain segments of the population;
2021/05/27
Committee: TRAN
Amendment 528 #

2021/2046(INI)

Motion for a resolution
Paragraph 15
15. Welcomes the idea of inclusion of the maritime sector in the EU emissions trading system (ETS) and the planned reduction of allowances allocated for free to the aviation sector; taking into account strong international dimension of both modes of transport, underlines that EU shall play a leading role in the discussion on the market based measures on the global level and emphasizes the need for a comprehensive impact assessment that takes into consideration potential impacts that may affect the European economy and trade;
2021/05/27
Committee: TRAN
Amendment 557 #

2021/2046(INI)

Motion for a resolution
Paragraph 17
17. Insists on the phasing-out of direct and indirect fossil fuel subsidies by 2022 in the Union and in each Member State, and considers the revision of the Energy Taxation Directive as the best possibility to achieve a stable and predictable carbon price;deleted
2021/05/27
Committee: TRAN
Amendment 622 #

2021/2046(INI)

23. Highlights that all means of digitalisation should be used also to decrease greenhouse gas emissions and increase transport safety; believes that it is of vital importance to ensure that every step of digitalisation contributes to a lower overall transport volume;
2021/05/27
Committee: TRAN
Amendment 628 #

2021/2046(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Concerns that the strategy pays insufficient attention to the digitalisation of the transport sector, and in particular the digitalisation of documents and inspection processes; calls on the Commission to strengthen its efforts in this area;
2021/05/27
Committee: TRAN
Amendment 680 #

2021/2046(INI)

Motion for a resolution
Paragraph 27
27. Believes that transport is the backbone of a well-functioning internal market and is of utmost importance for European socioeconomic and territorial cohesion; and recognizing the importance of digitalization and decarbonisation calls on the Commission and Member States to make all necessary further efforts to ensure, adequate transport infrastructure in all regions of the EU. In this case introduction of the ‘do no significant harm’ principle should be introduced carefully.
2021/05/27
Committee: TRAN
Amendment 688 #

2021/2046(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Stresses that the integrity of the single market must be maintained and that no new barriers for competition should be introduced. In this context welcomes the Commission’s commitment to review or propose, as necessary, legislation to remove obstacles to the free movement of goods and services affecting transport, and underlines that doing so the Commission should seek to improve the efficiency of the transport system and transport operations, for example by aiming to reduce empty runs, thus avoiding harmful emissions and pollution.
2021/05/27
Committee: TRAN
Amendment 7 #

2021/2043(INI)

Motion for a resolution
Citation 10 a (new)
— having regard to the study of October 2020 by the European Parliament Economic Governance Support Unit entitled ‘Background Reader On The European Semester Autumn 2020 Edition’,
2021/09/08
Committee: IMCO
Amendment 16 #

2021/2043(INI)

Motion for a resolution
Recital C
C. whereas many barriers affecting the single market derive from incorrect or incomplete application of EU legislation, lack of harmonised transposition of EU law into national legal frameworks or lack of appropriate EU law measures aimed at tackling the existing barriers;
2021/09/08
Committee: IMCO
Amendment 24 #

2021/2043(INI)

Motion for a resolution
Recital D
D. whereas insufficient or incorrect implementation and lack of enforcement or lack of appropriate EU law measures tackling the barriers have damaging consequences both at EU and national level for citizens and businesses;
2021/09/08
Committee: IMCO
Amendment 34 #

2021/2043(INI)

Motion for a resolution
Recital G
G. whereas the COVID-19 crisis has been a shock both to production and consumption, and has reshaped domestic and cross-border activities including the provision of services; whereas some of these effects may be temporary, but others will have lasting consequences on the shape and needs of the single market; whereas the response to the pandemic has speed up a shift to digital services;
2021/09/08
Committee: IMCO
Amendment 37 #

2021/2043(INI)

Motion for a resolution
Recital G a (new)
G a. whereas the number of non-tariff barriers on the internal market is increasing which is confirmed by the increasing number of petitions tabled recently to the PETI Committee of the European Parliament (e.g. petitions 0179/2021, 0940/2020);
2021/09/08
Committee: IMCO
Amendment 40 #

2021/2043(INI)

Motion for a resolution
Recital G b (new)
G b. whereas in the current difficult situation we should think not only about the elimination of Covid-related restrictions but also about elimination of barriers that have remained in the internal market for years, in order to improve and deepen the single market which is one of the ways out of the crisis;
2021/09/08
Committee: IMCO
Amendment 50 #

2021/2043(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Single Market Governance Package of March 2020, which aims to improve the implementation and enforcement of European legislation by mainly presenting an overview of existing and upcoming initiatives; considers that it is only a partial answer to the deficiencies hampering the proper functioning of the common market and that especially initiative to improve the single market for services are lacking;
2021/09/08
Committee: IMCO
Amendment 52 #

2021/2043(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Supports the Commission’s Communication on a long term action plan for better implementation and enforcement of single market rules, and especially the proposals to reinforce SOLVIT as a tool for single market dispute resolution, increase the role of the Commission to assist Member States in transposing EU law correctly, fully and on time in order to secure harmonised interpretation and avoid gold-plating, create a single market obstacles tool under the Single Digital Gateway, allow citizens and businesses to report anonymously on regulatory obstacles encountered by them in exercising their internal market rights;
2021/09/08
Committee: IMCO
Amendment 62 #

2021/2043(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Calls on Member States to respect the integrity of the single market by better exchange and coordination of implementation of EU law facilitated by the Commission, to refrain as much as possible from introducing deviating national rules and to seek for solutions at European level; to apply Better Regulation guidelines for introducing national rules, provide proper impact assessments and ensure that all stakeholders have proper access to the decision-making process; and to apply all rules in a justified, proportionate and non-discriminatory manner;
2021/09/08
Committee: IMCO
Amendment 97 #

2021/2043(INI)

Motion for a resolution
Paragraph 6 – point d a (new)
d a) burdensome administrative practices, such as repeated persistent inspections and sanctions disproportionate to the offense, aimed at deterring foreign entrepreneurs;
2021/09/08
Committee: IMCO
Amendment 101 #

2021/2043(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Notes, that concrete examples of above mentioned barriers have been already reported by EU companies functioning on the internal market;these include e.g. - requirements to register a company in a trade and companies’ register of a host Member State imposed on a foreign service provider that only temporarily sends workers to the territory of the host Member State and has no infrastructure there from which it would carry out activities in a habitual, stable and continuous manner;or - checks in advance and additional administrative obligation required by Member States in respect of the posting of workers who are nationals of a non- Member State (when less restrictive yet equally effective measures are available, as confirmed by the case law of the Court of Justice, e.g. in C-244/04);
2021/09/08
Committee: IMCO
Amendment 107 #

2021/2043(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Emphasises that according to the Commission mapping the reduction of barriers in the different services sectors has been minimal after the implementation of the Services Directive in 2006 until 2017 and that for the retail sector the mapped barriers even increased between 2011 and 2017, thereby eliminating progress made;
2021/09/08
Committee: IMCO
Amendment 109 #

2021/2043(INI)

Motion for a resolution
Paragraph 7 b (new)
7 b. Calls upon the Commission and the Member States to increase their efforts to remove barriers to retail and expeditiously act when new barriers are identified; calls upon the Commission to prepare guidance on the proportionality of retail authorisation procedures to increase legal certainty and predictability for retail and review the 2018 communication ‘A European retail sector fit for the 21st century’ by mid-2022;
2021/09/08
Committee: IMCO
Amendment 111 #

2021/2043(INI)

Motion for a resolution
Paragraph 8
8. Recalls that a considerable number of problems with the cross-border provision of services stem from administrative practices introduced by the country of destination, and not from incompatibility with EU law; calls on the Commission to continue developing guidelines addressing underperforming legislation and scrutinise actions of the Member States administration; points out the lack of harmonised interpretation of EU law by Member States such as the recently revised Posting of Workers Directive 2018/957/EU, which leads to lack of legal clarity and bureaucratic burdens for companies providing services in various Member States; calls on the Commission to support Member States in the transposition process to guarantee a more harmonised approach;
2021/09/08
Committee: IMCO
Amendment 115 #

2021/2043(INI)

Motion for a resolution
Paragraph 9
9. Recognises the insufficient use of the notification procedure under the Services Directive; calls on the Commission to reflect because still most Member States do not notify or do not notify everything they should; highlights that this undermines the Commission’s ability to ensure new services laws are compliant with the Services Directive; calls upon the Member States to fulfil their notification obligations under the Services Directive; calls on the Commission to bring forward an action plan by mid-2022 on improving thise current framework, possibly by means of a new initiative which would increase clarity and transparency on the measures that need to be notified, while remaining cautious in order to not undermine the Services Directive and avoiding the situation which led to the withdrawal of the previous proposal;
2021/09/08
Committee: IMCO
Amendment 134 #

2021/2043(INI)

Motion for a resolution
Paragraph 12
12. Considers that mutual recognition of professional qualification is seriously affected by administrative barriers imposed by Member States; calls on the Commission and the Member States to better identify gold-plating and other obstacles and either remove such measures or launch infringement, where EU legislation is violated; recalls that any delay in recognising a qualification hinders a European citizen in exercising their profession;
2021/09/08
Committee: IMCO
Amendment 138 #

2021/2043(INI)

12 a. Calls on the Commission and the Member States to continuously increase awareness among businesses which might lack knowledge on mutual recognition and other relevant rules facilitating cross- border operations;
2021/09/08
Committee: IMCO
Amendment 142 #

2021/2043(INI)

Motion for a resolution
Paragraph 13
13. Is concerned by the insufficient access to information on mobility of services on the single official national websites, as well as by the burdensome procedures to obtain essential documents such as the A1 form; underlines that access to information, such as on domestic collective agreements where applicable and relevant, should be improved to facilitate compliance for businesses; calls on the European Commission and the European Labour Authority to take appropriate steps in order to improve access to information and to come up with a single template for single official national websites;
2021/09/08
Committee: IMCO
Amendment 147 #

2021/2043(INI)

Motion for a resolution
Paragraph 13 a (new)
13 a. Calls on the relevant EU and national authorities to take appropriate steps aimed at developing a single template for official national websites and to make them compatible with the Single Digital Gateway so as to improve access to relevant information among Member States;
2021/09/08
Committee: IMCO
Amendment 155 #

2021/2043(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Emphasises that due to growing volume of labour and services’ mobility, digitalisation is a must; highlights that digital tools designed for the purpose of mobility of labour and services as well as coordination of social security systems such as digital A1 Portable Document form will improve workers’ protection, reduce administrative burdens and improve cooperation and exchange of information between Member States; supports the creation of the European Social Security Pass as recently announced by the European Commission;
2021/09/08
Committee: IMCO
Amendment 157 #

2021/2043(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Welcomes the Commission's plan to establish a single European information entry point for control authorities on non-food products;
2021/09/08
Committee: IMCO
Amendment 158 #

2021/2043(INI)

Motion for a resolution
Paragraph 15 b (new)
15 b. Highlights that more and more Member States implement rules which discriminate against food products, from other EU Member States, or exert political pressure on market players to source more domestically; highlights that this undermines the functioning of the single market and in the end may deprive all domestic producers of accessing other Member States’ markets; calls on the Commission to ensure that the single market truly is one European market by using all instruments at its disposal;
2021/09/08
Committee: IMCO
Amendment 160 #

2021/2043(INI)

Motion for a resolution
Paragraph 16
16. Welcomes the Commission proposal to make SOLVIT the default tool for single market dispute resolutionHighlights that SOLVIT has a high potential to become the main informal problem solving tool for businesses and consumers in cases of misapplication of EU law; welcomes the Commission proposal to make SOLVIT the default tool for single market dispute resolution; notes that still many SOLVIT centres are understaffed, lack resources, skills and knowledge; calls upon the Commission and Member States to ensure SOLVIT centres have adequate resources to operate;
2021/09/08
Committee: IMCO
Amendment 168 #

2021/2043(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Draws attention to the fact that, despite clear interpretation from the Commission, some Member States impose on drivers a requirement to present during road control proof attesting to the drivers’ activities away from the vehicle including a situation of taking a regular weekly rest outside the vehicle; recalls that this practice is in clear breach of Article 34(3) of Regulation (EU) No 165/2014;
2021/09/08
Committee: IMCO
Amendment 170 #

2021/2043(INI)

Motion for a resolution
Paragraph 17 b (new)
17 b. Draws attention to linguistic requirements being introduced in case of oversize transport which also constitute a barrier to the free movement of services; highlights that it is required from drivers to be able to speak the language of the host Member State in order for authorisation to be granted to carry extra- long, extra-wide or extremely heavy loads;
2021/09/08
Committee: IMCO
Amendment 171 #

2021/2043(INI)

Motion for a resolution
Paragraph 17 c (new)
17 c. Draws attention to the fact that the transposition of Directive 2020/10571a laying down specific rules with respect to Directive96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012 may result in a number of different rules applicable in Member States; welcomes the fact, that in order to secure harmonised interpretation of posting rules in transport the Commission has created an Expert Group on the Posting of Drivers; underlines that in such a highly mobile sector as transport quick and easy access to information is key; therefore calls on the Commission to make sure that information concerning employment conditions in the transport sector will be published on time on single official national websites; _________________ 1aDirective 2020/1057 laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012
2021/09/08
Committee: IMCO
Amendment 173 #

2021/2043(INI)

Motion for a resolution
Paragraph 18
18. Welcomes in principle the Single Market Enforcement Taskforce (SMET), which aims to assess compliance of national law with single market rules and to prioritise the most pressing barriers, address unjustified gold plating and discuss horizontal enforcement issues; points out that the SMET should not just identify problems, but also provide solutions;
2021/09/08
Committee: IMCO
Amendment 178 #

2021/2043(INI)

Motion for a resolution
Paragraph 19
19. Recalls that so far the Commission’s plan to step up enforcement of EU law by means of the SMET has only delivered limited results; calls on the Commission to present in due timeby the end of 2022 concrete outcomes of the work of SMET, including information on barriers that have been abolished as a result of its actions;
2021/09/08
Committee: IMCO
Amendment 180 #

2021/2043(INI)

Motion for a resolution
Paragraph 20
20. Calls on the Commission to present an annual report on NTBs and establish an open and transparent database compiling specific national NTBs together with ongoing infringement procedures; believes that there is a need for a tool allowing for anonymous contributions so as to provide protections for those raising concerns;
2021/09/08
Committee: IMCO
Amendment 185 #

2021/2043(INI)

Motion for a resolution
Paragraph 21
21. Calls on the Commission and the Member States to consistently, speedily and rigorously assess whether national rules hinder the internal market, and where they do, to assess if they are necessary, proportional and justified; notes that especially regarding national product and services rules proper impact assessments and well-explained justifications are missing; calls on the Commission to make quick decisions on complaints to ensure that relevant issues from an end-user perspective are promptly handled and efficiently settled;
2021/09/08
Committee: IMCO
Amendment 197 #

2021/2043(INI)

Motion for a resolution
Paragraph 23
23. Points to the importance of proportionate surveillance, inspection and sanctioning by relevant authorities of economic operators, regardless of the Member State of establishment, who do not comply with legislation;
2021/09/08
Committee: IMCO
Amendment 198 #

2021/2043(INI)

Motion for a resolution
Paragraph 23 a (new)
23 a. Draws attention to the fact that unjustified, disproportionate and discriminatory control practices applied by Member States, including excessive fines or access to competitive company data, are also a form of barriers in the internal market; notes that European companies are regularly reporting examples of such practices either via SOLVIT, petitions submitted to the PETI Committee or complaints to the European Commission;
2021/09/08
Committee: IMCO
Amendment 205 #

2021/2043(INI)

Motion for a resolution
Paragraph 24 a (new)
24 a. Welcomes capacity building for national public administrations, public procurement professionals, judges and other legal practitioners for which funding is possible under the Reform Support Programme;
2021/09/08
Committee: IMCO
Amendment 209 #

2021/2043(INI)

Motion for a resolution
Paragraph 25
25. Recalls that the initial response to the pandemic by Member States and the Commission did not take into account the needs of the single market, and recalls the serious impact this has had on the free cross-border movement of goods and services; believes that further assessment of the pandemic's impact on the single market will be necessary, in order to draw conclusions from the COVID-19 crisis;
2021/09/08
Committee: IMCO
Amendment 211 #

2021/2043(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Calls on the Member States in the event of worsening of the pandemic situation to fully implement Commission Guidelines concerning the exercise of the free movement of workers during COVID- 19 outbreak and Commission Communication Towards a phased and coordinated approach for restoring freedom of movement and lifting internal border controls in order to allow workers, in particular transport, frontier, posted and seasonal workers, and service providers to cross borders and have unhindered access to their place of work;
2021/09/08
Committee: IMCO
Amendment 216 #

2021/2043(INI)

Motion for a resolution
Paragraph 27
27. Calls on the Commission and Member States to proactively use the lessons learned and to develop a response plan for emergencies, which should aim to safeguard as far as possible the free movement of services and goods also in crisis situations; recalls the need for prompt notification by Member States of national measures, which are limiting the free movement of goods and services;
2021/09/08
Committee: IMCO
Amendment 218 #

2021/2043(INI)

Motion for a resolution
Paragraph 27 a (new)
27 a. Stresses the urgent need to widen access to digital services and technologies which are essential during emergencies for the smooth functioning of the single market and for access to public services by citizens and businesses through eGovernment solutions; recognises digital exclusion and lack of internet access as some of the most significant non-tariff barriers to the digital transformation of the European single market;
2021/09/08
Committee: IMCO
Amendment 1 #

2021/2040(INI)

Motion for a resolution
Recital A
A. whereas the Toy Safety Directive (TSD) was adopted in 2009 to ensure a high level of health and safety for children and guaranteimprove the functioning of the internal market for toys, and in particular to facilitate the exchange of goods between Member States by removing barriers to trade;
2021/07/13
Committee: IMCO
Amendment 16 #

2021/2040(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas the rules and requirements for toys remain, in many cases, stricter than the rules for other products used by children on a daily basis;
2021/07/13
Committee: IMCO
Amendment 24 #

2021/2040(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Recognises that the implementation of and preparation for the proper application of the TSD was a laborious process extending over many years and requiring significant financial investment by European toy manufacturers; stresses the importance of legal stability for the stable development of domestic businesses, especially small and medium-sized family enterprises;
2021/07/13
Committee: IMCO
Amendment 31 #

2021/2040(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Stresses that despite the implementation of the directive’s ambitious provisions, the internal market and consumers still face a significant number of dangerous toys; believes that the key to improving child protection is better enforcement of the current rules, in particular through market surveillance and a tightening of borders by the customs services;
2021/07/13
Committee: IMCO
Amendment 32 #

2021/2040(INI)

5. Recognises the flexibility and durability of the TSD, given that in the period 2012- 2019, the Directive has been it was amended 14 times to adapt to the new scientific evidence pointing out previously unknown risks for children, especially in the area of chemicals; is concerned, however, that problems remain that cannot be solved through implementing aattempts to solve some of the problems by means of implementing acts may have limited effects;
2021/07/13
Committee: IMCO
Amendment 63 #

2021/2040(INI)

Motion for a resolution
Paragraph 11
11. Is concerned that the stricter provisions for chemicals in toys intended for children aged under 36 months do not take into account the fact that older children remain vulnerable to dangerous substances; notes that this distinction can result in manufacturers circumventing the provisions by indicating that the toy is intended for children above 36 months even when it is clearly not the case; stresses that several stakeholders and Member States have indicated that this distinction is clearly inadequate and asked for it to be eliminated; calls on the Commission, therefore, to do so in its revision of the TSD and after analysing the margin of safety for the level of chemicals, to decide whether this distinction needs to be abolished; is of the opinion that when a given chemical is deemed to be dangerous for children, its use should be restricted in all children’s products;
2021/07/13
Committee: IMCO
Amendment 71 #

2021/2040(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Stresses that effective market surveillance by the relevant services is essential for the application of the provisions of the TSD to be effective and to ensure that consumers in the internal market can choose only safe and compliant products which guarantee a high level of protection for children; urges the Member States, together with the Commission, to work continuously to improve the organisation and effectiveness of the relevant public authorities, including by allocating sufficient funding;
2021/07/13
Committee: IMCO
Amendment 73 #

2021/2040(INI)

12. Notes that the TSD contains an obligation for Member States to perform market surveillance under the precautionary principle, test toys on the market and verify manufacturers’ documentation with a view to withdrawing unsafe toys and taking action against those responsible for placing them on the market; is concerned that the effectiveness of market surveillance under the TSD is limited, put, which is key to protecting the health and safety of children at risk and, is limited, undermining the level playing field forcompetitiveness of economic operators that comply with the legislation, to the benefit of rogue traders, who do not apply European rules and operate mainly outside the common market;
2021/07/13
Committee: IMCO
Amendment 83 #

2021/2040(INI)

Motion for a resolution
Paragraph 13
13. Welcomes the adoption of Regulation (EU) 2019/1020, which aims to improve market surveillance by strengthening controls by national authorities to ensure that products entering the single market, including toys, are safe and comply with the rules, and calls on the Member States to implement it fully and as quickly as possible;
2021/07/13
Committee: IMCO
Amendment 85 #

2021/2040(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Calls on the Commission to assess the Member States’ implementation and application of Regulation (EU) 2019/1020 as a matter of urgency, taking particular account of national market protection strategies and obligations under Article 25; calls on the Commission to provide active support to Member States in the enforcement and assessment of national market protection strategies;
2021/07/13
Committee: IMCO
Amendment 89 #

2021/2040(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Commission to explore possibilities for using new technologies, including conducting pilot programmes to research the toy market in Europe, such as blockchain and artificial intelligence to facilitate the work of market surveillance authorities by providing easily accessible and structured information on products and their traceability;
2021/07/13
Committee: IMCO
Amendment 94 #

2021/2040(INI)

Motion for a resolution
Paragraph 15
15. WDraws attention to the limited funding and human resources, which in recent years has reduced the effectiveness and reach of many market surveillance authorities; in this connection, welcomes the adoption of the Single Market Programme and the introduction of a specific objective and dedicated resources for market surveillance, which will contribute to ensuring that only safe and compliant toys enter the EU market;
2021/07/13
Committee: IMCO
Amendment 97 #

2021/2040(INI)

Motion for a resolution
Paragraph 16
16. Calls on the Member States to step up coordination of their market surveillance activities and actively share experiences, including on the methods and technologies used in customs controls to effectively stop the import of unsafe toys; stresses that maintaining a constant level of effective controls throughout the Union on toys coming from outside the internal market remains essential in order to ensure that they comply with European legal requirements;
2021/07/13
Committee: IMCO
Amendment 110 #

2021/2040(INI)

Motion for a resolution
Paragraph 17
17. Is concerned by the new vulnerabilities and risks posed by connected toys; calls on the Commission to explore different optionsNotes that some of today’s connected toys have limited safeguards or a complete lack of safeguards against cyber threats; calls on toy manufacturers, where appropriate, to take cybersecurity into account in toy design and manufacture; calls on the Commission to assess, based on an approach which takes into account risk and the proportionality principle, the need for action, such as extending the scope of the TSD to include provisions on information security or reinforcing the relevant horizontal legislation, such as the Radio Equipment Directive and the Cybersecurity Act, as well as the GDPR, while keeping Parliament informed of its choices;
2021/07/13
Committee: IMCO
Amendment 121 #

2021/2040(INI)

Motion for a resolution
Paragraph 18
18. Highlights that the development of e-commerce poses challenges for market surveillance authorities in ensuring the compliance of products sold online; notes that many products bought online fail to conform to EU safety requirements and is concerned byat the high number ofuse of online sales platforms by rogue sellers or manufacturers to sell dangerous toys sold online;
2021/07/13
Committee: IMCO
Amendment 123 #

2021/2040(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Recognises the positive role of e- commerce, including the role of online marketplaces, which have enabled the development of European toy manufacturers; stresses, in this context, the growth in these businesses’ activities both inside and outside the European Union;
2021/07/13
Committee: IMCO
Amendment 131 #

2021/2040(INI)

Motion for a resolution
Paragraph 20
20. Stresses that online marketplaces should take additional steps, in keeping with their role in the supply chain, to ensure the safety and compliance of toys sold on their platforms; insists in the strongest termwelcomes the voluntary commitments by online marketplaces to ensure product safety, such as the Product Safety Pledge, which served as an inspiration for the provisions proposed in the revision of the General Product Safety Directive; insists, in this sense, that it is fundamental to ensure consistency between different instruments such as the Digital Services Act and the future legislative act revising the GPSD when it comes to the responsibilityobligations of online marketplaces, under and the proper application of the principle ‘what is illegal offline is illegal online’;
2021/07/13
Committee: IMCO
Amendment 140 #

2021/2040(INI)

Motion for a resolution
Paragraph 21
21. Highlights the added value of the ‘know your business customer’ principle to increase compliance and traceability of toys sold online; regrets that the product safety pledge has shown limited effects so far; callwelcomes, therefore, for increased responsibilities for online marketplaces to detect and remove unsafe and non- complithe new provisions in the Digital Services Act, complemented by solutions allowing for the notification of illegal toys by consumers antd toys from their platforms and preventrusted flaggers and the obligations arising from their reappearancevision of the GPSD;
2021/07/13
Committee: IMCO
Amendment 147 #

2021/2040(INI)

Motion for a resolution
Paragraph 25
25. Considers it essential to provideassess the need for a broader scope for amendments in the future revision, including mechanical and physical requirements in particular for children under 36 months, limit values for nitrosamines, labelling provisions for allergenic fragrances and CMRs;
2021/07/13
Committee: IMCO
Amendment 157 #

2021/2040(INI)

Motion for a resolution
Paragraph 27
27. Calls on the Commission to introduce mandatory labelling for toys, providing the consumer at the time of purchase with clear, easily understandable and comparable information on a toy’s estimated lifetime, the extent to which it is reparable and the availability of spare parts, including, where relevant, the availability of the necessary software, and setting out options for repair;deleted
2021/07/13
Committee: IMCO
Amendment 1 #

2021/2025(INI)

Draft opinion
Paragraph 1
1. Underlines the high number of petitions received from citizens concerned about the breaches of the rule of law in their respective countries and with the consequences of such breaches on their lives; stresses that full protection of Union citizens’ rights can be ensured throughout the Union only if all Member States comply with all the principles underlying the rule of law, as deficiencies in one Member State have an impact on otherned after a thorough analyses involving all Member States and the Union as a wholeir specificities;
2021/04/20
Committee: PETI
Amendment 6 #

2021/2025(INI)

Draft opinion
Paragraph 2
2. Notes that, despite repeated requests by Parliament, the Commission’s 2020 Rule of Law Report fails to encompass the areas of democracy and fundamental rights; cCalls on the Commission to ensure equal treatment of all the Union’s founding values in its next report; believes that the Commission must also involve independent experts in this annual exercise in order to guarantee full credibility, and also provide clear indications on follow-up actions for any shortcomings detected;
2021/04/20
Committee: PETI
Amendment 16 #

2021/2025(INI)

Draft opinion
Paragraph 3
3. Criticises the failure of the Council to make progress by applying sanctions in the ongoing procedures under Article 7 of the TEU, confirming that the Union remains structurally badly equipped to counter rule of law violations; hHighlights that, in any case, a full and effective use of all tools available at Union level, such as infringement procedures, the procedures enshrined in the Common Provisions Regulation and Conditionality Regulation1 , the Rule of Law Framework and Article 7 of the TEU, must be made to address breaches of the rule of law, following a specific well scrutinised procedure; underlines citizens’ high expectations expressed in petitions asking for a proper and rapid Union level response to put an end to such violations; _________________ 1 Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget.
2021/04/20
Committee: PETI
Amendment 30 #

2021/2025(INI)

Draft opinion
Paragraph 5
5. Highlights that the COVID-19 pandemic has confirmed the importance of strengthening independent journalism and access to pluralistic information as key enablers of rule of law and democratic accountability able to provide citizens with fact-checked information, thereby contributing to the fight against disinformation; deplores the fact that in a number of Member States, journalists have increasingly faced physical threats and online harassment, especially female journalists;
2021/04/20
Committee: PETI
Amendment 40 #

2021/2025(INI)

Draft opinion
Paragraph 6
6. Underlines that the Court of Justice of the European Union recently ruled2 that civil society organisations must be able to operate without unjustified interference by the state, acknowledging that the right to freedom of association constitutes one of the essential bases of a democratic and pluralist society; is seriously concerned that some NGOs active in the area of migration and LGBTI+ rights are subject to smear campaigns, and face severe restriction of the civic space where they can operate. _________________ 2Judgment of 18 June 2020, Commission v Hungary, C-78/18, EU:C:2020:476, paragraphs 112 and 113.
2021/04/20
Committee: PETI
Amendment 7 #

2021/2014(INI)

Motion for a resolution
Recital B
B. whereas the EU is being confronted with new trends and challenges in automation that could have a huge impact on road safety; whereas technological progress means that conditions in the field of mobility change very quickly, which creates challenges for the Member States at both the legislative and the technical level; whereas the growing phenomenon of distraction by mobile devices needs to be addressed; whereas in the near future, the presence of both vehicles with a wide range of automated/connected features and traditional vehicles in mixed traffic will pose a new risk, especially for vulnerable road users such as motorcyclists, cyclists and pedestrians;
2021/04/20
Committee: TRAN
Amendment 12 #

2021/2014(INI)

Motion for a resolution
Recital C
C. whereas the share of road deaths of vulnerable road users is increasing, as car users have been the main beneficiaries of improved vehicle safety and other road safety measures; whereas a systematic increase in the numbers of vehicles on the roads can be observed; whereas the safety of cyclists and pedestrians must be urgently addressed;
2021/04/20
Committee: TRAN
Amendment 14 #

2021/2014(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas ensuring more secure infrastructure and better conditions for micromobility and pedestrians is the best incentive for people to stop using individual car transport; whereas the increase in the number of vulnerable road users at the expense of cars will contribute to reducing air pollution, diminish the problem of congestion in cities and have a positive impact on the health of residents and the development of pro-health attitudes among road users;
2021/04/20
Committee: TRAN
Amendment 22 #

2021/2014(INI)

Motion for a resolution
Recital D
D. whereas among pedestrians, road deaths affect almost twice as many women as men; whereas gender, age and social inequalities also exist in mobility and road safety aspects;
2021/04/20
Committee: TRAN
Amendment 29 #

2021/2014(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas 53% of accidents take place on rural roads1a; whereas over 30% of accidents resulted in part from inadequate or badly-maintained road infrastructure or environment2a; whereas new investment and proper maintenance of existing infrastructure throughout its life cycle are key to road safety; _________________ 1a https://www.europarl.europa.eu/news/en/ headlines/society/20191129STO67756/emi ssions-from-planes-and-ships-facts-and- figures-infographic 2a Danish Road Traffic Accident InvestigationBoard (2014), 'Why do road traffic accidents happen?'; Elvik, Hove et al (2012), 'The Handbook of RoadSafety Measures'.
2021/04/20
Committee: TRAN
Amendment 38 #

2021/2014(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Regrets the fact that key performance indicators for vehicle safety disregard the safety of powered two- wheeled vehicles; calls on the Commission to draw up a vehicle safety index for L-category vehicles; underlines the need to include all key indicators for L-category vehicles within its scope;
2021/04/20
Committee: TRAN
Amendment 58 #

2021/2014(INI)

Motion for a resolution
Paragraph 5
5. Highlights that a proactive assessment of the EU road network will be a useful tool to assess the in-built safety of roads and to target investment; welcomes, in this regard, the risk mapping and safety rating of motorways and primary roads introduced in the recently revised EU infrastructure safety rules4 and calls on the Member States to designate as many primary roads in their territory as possible to increase the road safety potential of the new directive; calls on the Commission and the Member States to agree as soon as possible on a methodology to carry out systematic network-wide road assessments as mandated in the revision of the above- mentioned act, taking into account elements which are important for the safety of active road users; calls on the Commission and the Member States to speed up the work on the specifications at EU level for the performance of road signs and markings in order to prepare the way for a higher level of automation in vehicles; calls on the Commission to speed up work on quality requirements for pedestrian and cycling infrastructure; _________________ 4Directive (EU) 2019/1936 of the European Parliament and of the Council of 23 October 2019 amending Directive 2008/96/EC on road infrastructure safety management, OJ L 305, 26.11.2019, p. 1.
2021/04/20
Committee: TRAN
Amendment 67 #

2021/2014(INI)

Motion for a resolution
Paragraph 6
6. Calls for measures to further strengthen road safety in urban nodes and improve operational safety throughout the life cycle of critical infrastructure in the forthcoming revision of the TEN-T Regulation; calls on the Commission to consider including the EuroVelo cycle- route network in the TEN-T network; calls on the Commission to set out therein the bases for future investment decisions relating to road safety;
2021/04/20
Committee: TRAN
Amendment 93 #

2021/2014(INI)

Motion for a resolution
Paragraph 8
8. Urges the Commission, in line with the TRAN implementation report on the road safety aspects of the Roadworthiness Package, to take due account of the technical progress in vehicle safety features provided for in new General Safety Regulation and to include advanced safety systems in the scope of the next revision of the Roadworthiness Package and to ensure they area systematic growth of the knowledge and expertise of inspectors together with the development of new vehicle technologies to ensure these systems are properly checked during periodical technical inspections;
2021/04/20
Committee: TRAN
Amendment 108 #

2021/2014(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Points out that vehicle safety can also be improved by means of education and increased consumer awareness; calls on the Commission to draw up standards for information requirements on the safety parameters of child restraint systems; urges the Member States to launch awareness-raising campaigns for parents and guardians on child safety; calls on the Commission to facilitate exchanges of best practices among the Member States in the field of child transport by motorised vehicles;
2021/04/20
Committee: TRAN
Amendment 110 #

2021/2014(INI)

Motion for a resolution
Paragraph 10 b (new)
10b. Points out the results of research showing that passengers in cars rated with 5 stars in the Euro NCAP test had a 68% lower risk of fatal injury and a 23% lower risk of serious injury than passengers in 2-star-rated cars3a; calls on the Member States to use tax breaks, grants or other privileges for drivers so that citizens will be encouraged to purchase cars that achieve the best results in safety tests and rankings; calls on the Commission to influence insurance companies to introduce lower premiums as a way of encouraging the purchase of the safest car models; _________________ 3aKullgren, Lie, Tingvall (2010), Comparison between Euro NCAP test results and real-world crash data, Traffic Injury Prevention, 2010 Dec 11(6): 587- 93; cited in Jeanne Breen Consulting (2018), Study Preparatory work for an EU road safety strategy 2020-2030
2021/04/20
Committee: TRAN
Amendment 112 #

2021/2014(INI)

Motion for a resolution
Paragraph 10 c (new)
10c. Notes that accidents and the resultant injuries are influenced by characteristics such as age, gender, height and posture; calls on the Commission to ensure that these differences are taken into account in crash tests and that dummies are used which better represent these characteristics;
2021/04/20
Committee: TRAN
Amendment 115 #

2021/2014(INI)

Motion for a resolution
Paragraph 11
11. Notes that according to a Commission study, alcohol is estimated to be involved in around 25 % of all road fatalities, while drugs are involved in 15 % of road fatalities5; notes that the EU recommendation on permitted blood alcohol content dates from 2001; calls the Commission to include a zero-tolerance drink-driving limit in its recommendations, and to introduce an EU recommendation for zero tolerance regarding illicit psychoactive drugs and standards on roadside drug-driving enforcement; points out that making the permitted blood alcohol level the same in all the Member States and for all vehicle categories will facilitate comparisons under the key performance indicators with regard to sobriety on the roads; calls on the Commission to draw up guidelines on the labelling of medications which affect people's ability to drive a vehicle and to launch information campaigns to raise the awareness of medical services in this area; calls on the Commission to also include in the revised recommendations guidance on the fitting of alcohol interlock devices, with a special focus on repeat offenders, high- level first-time offenders and all professional drivers; _________________ 5Commission study of 18 February 2014 on the prevention of drink-driving by the use of alcohol interlock devices.
2021/04/20
Committee: TRAN
Amendment 124 #

2021/2014(INI)

Motion for a resolution
Paragraph 12
12. Notes that speeding is a key factor in around 30 % of fatal road crashes and an aggravating factor in most crashes; calls on the Commission to come up with a recommendation to apply safe speed limits in line with the safe system approach for all road types, such as maximum speeds of 30km/h in residential and rural areas and areas where there are high numbers of cyclists and pedestrians, or where there could be potat the same time acknowledging the right of local and centiral to increase cycling and walking levels, andauthorities to increase the maximum permissible speed where this is allowed by infrastructure security; calls on the Commission to assess the feasibility of limiting the maximum top speed of all new vehicles as an effective way of reducing road casualties, as well as air pollution and carbon dioxide emissions;
2021/04/20
Committee: TRAN
Amendment 129 #

2021/2014(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Calls on the Commission to develop an effective system for exchanging information on offences committed in non-EU countries; emphasises the need for closer cooperation in road safety with the United Kingdom than is the case with other non- EU countries;
2021/04/20
Committee: TRAN
Amendment 133 #

2021/2014(INI)

Motion for a resolution
Paragraph 14
14. Recalls that the Driving Licence Directive established a harmonised EU licence model and introduced minimum requirements for obtaining licences; notes that the directive will need to be kept up- to-date regarding new technological developments in vehicle and infrastructure technology and vehicle automation; stresses that minimal standards for driving licence courses and driving tests should ensure that drivers are able to drive both vehicles with standard accessories and technologically-advanced vehicles; calls on the Commission to consider introducing a graduated licencsing system that encourages novice drivers to gain more experience while limiting certain high-risk activities such as driving at night and with passengers; notes with concern that cases of irregular issuing of driving licences have been reported in several Member States and calls on the Commission to monitor this issue; calls on the Commission to make theoretical and practical training and a practical examination mandatory for moped riders;
2021/04/20
Committee: TRAN
Amendment 140 #

2021/2014(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Calls on the Commission to review and update Annex III of the Driving Licence Directive on minimum standards of physical and mental fitness, in particular in terms of alcohol abuse and neurodevelopmental disorders, in the context of the forthcoming revision; points out the need to monitor citizens' physical and mental capacity to drive throughout their lives; stresses in this context the importance of general practitioners as those responsible for identifying people who may not be fit to continue driving; calls on the Member States to draw up a training programme in this regard for family doctors;
2021/04/20
Committee: TRAN
Amendment 157 #

2021/2014(INI)

Motion for a resolution
Paragraph 16
16. Highlights the importance of fast and effective post-crash care in significantly reducing the consequences of injury; calls on the Member States, in this context, to establish closer collaboration between their road safety authorities and the health sector, to make it mandatory to build emergency lanes and to enforce their correct use to speed up rescue operations; calls on the Commission to consider making first aid training compulsory in the future revision of the Driving Licence Directivepoints out that the obligation to form 'life corridors' is regulated by law in only a few Member States; calls on the Member States to take action in this regard to enable the emergency services to reach the scene of an accident more easily; calls on the Commission to consider making first aid training compulsory in the future revision of the Driving Licence Directive; calls on the Commission to extend the categories of vehicles for which installation of eCall is mandatory, with particular regard to powered two-wheeled vehicles;
2021/04/20
Committee: TRAN
Amendment 163 #

2021/2014(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Notes that effective and comprehensive action after an accident should also include an in-depth investigation to identify the causes of the accident and, where appropriate, criminal and civil proceedings, as well as victim support;
2021/04/20
Committee: TRAN
Amendment 164 #

2021/2014(INI)

Motion for a resolution
Paragraph 16 b (new)
16b. Points out that not all accident victims are reported, which distorts the available statistics; underlines the need for effective test methods to be developed to determine the actual number of road accident victims, for example by comparing the number of victims reported by the police with hospitalisations;
2021/04/20
Committee: TRAN
Amendment 165 #

2021/2014(INI)

Motion for a resolution
Paragraph 17
17. Stresses that poor enforcement of road traffic rules undermines efforts to achieve Vision Zero; encourages the Member States to set annual targets for enforcement and compliance in their road safety plans and to, ensure their adequate funding and increase fines and the enforceability of penalties for exceeding the speed limit, particularly in the case of offences detected by speed cameras; underlines that only well- explained and well-publicised consistent enforcement activities can have a long- lasting effect on driving behaviour;
2021/04/20
Committee: TRAN
Amendment 193 #

2021/2014(INI)

Motion for a resolution
Paragraph 20
20. Calls on the Commission, in view of the upcoming revision of the Urban Mobility Package, to promote synergies between safety and sustainability measures in urban areas; calls, in this regard, for the reprioritisation of transport infrastructure in dense urban areas away from individual motorised transport towards public transport and sustainable, safer and healthier transport modes such as walking and cycling, and for the implementation of legislation which prioritises active road users;
2021/04/20
Committee: TRAN
Amendment 8 #

2021/2013(INI)

Draft opinion
Paragraph 1 a (new)
1a. Stresses that in order to reduce dependence on external suppliers, secure the drug safety of Europeans and make production in the EU competitive, it seems necessary to create appropriate conditions and financial incentives for the industry, which will be a key argument in the context of their investment decisions in the field of API production, intermediates and ready-made drugs;
2021/06/03
Committee: JURI
Amendment 16 #

2021/2013(INI)

Draft opinion
Paragraph 1 b (new)
1b. Welcomes the intention of the European Commission to assess and review the existing incentives framework; calls on the Commission to stimulate competition by creating a proper regulatory framework;
2021/06/03
Committee: JURI
Amendment 35 #

2021/2013(INI)

Draft opinion
Paragraph 2 a (new)
2a. Urges the Commission to take full account of and assess the effective implementation of the SPC manufacturing waiver in light of the several conditions and limitations posed to it.
2021/06/03
Committee: JURI
Amendment 52 #

2021/2013(INI)

Draft opinion
Paragraph 3 a (new)
3a. Stresses the importance of generic, biosimilar and value added medicines for consistently increasing equitable access for patients and making the healthcare systems sustainable in a European Union where access is still uneven; calls on the Commission to urgently ensure healthy competition at the expiry of intellectual property exclusivities by removing all barriers to access competition, such as patent linkage and banning IP evergreening practices that unduly delay access to medicines and allowing single global development;
2021/06/03
Committee: JURI
Amendment 59 #

2021/2013(INI)

Draft opinion
Paragraph 4
4. Stresses the importance of launching the unitary patent without delay, in order to create a one-stop shop for patent protection and enforcement across the EU and to do away with the fragmentation of the patent market and the obstacle that may pose to research and innovation;deleted
2021/06/03
Committee: JURI
Amendment 66 #

2021/2013(INI)

Draft opinion
Paragraph 4 a (new)
4a. Stresses the importance of timely and healthy competition to deliver equitable access to medicines; calls on the Commission to carefully evaluate any actual impact that any proposal for a unitary or unified SPC would produce on generic and biosimilar medicines, and on equitable patient access to treatments;
2021/06/03
Committee: JURI
Amendment 68 #

2021/2013(INI)

Draft opinion
Paragraph 4 b (new)
4b. Call on the Commission to ensure a uniform and efficient application of the conditions for granting preliminary injunctions, including proportionality; recommends a consistent EU application of the IP Enforcement Directive on damages for competitor companies in cases of delayed off-patent competition;
2021/06/03
Committee: JURI
Amendment 69 #

2021/2013(INI)

Draft opinion
Paragraph 4 c (new)
4c. Welcomes the Commission recognition of the importance of full clarification of the provision for the conduct of trials on patented products to support generic and biosimilar medicines marketing authorization applications (so called Bolar provision); calls for urgent European harmonization and enlargement of the Bolar exemption, including all the processes needed to launch off-patent medicine at the expiry of patents including administrative actions to enable generic and biosimilar medicines to be on the market on day -1;
2021/06/03
Committee: JURI
Amendment 81 #

2021/2013(INI)

Draft opinion
Paragraph 6 a (new)
6a. Stresses that producers of generic drugs, as opposed to producers of innovative drugs, are usually regional enterprises with less resilience to supply problems and market turbulence; calls to the Commission to promote legal solutions that favour competitiveness in the field of generic production, while maintaining a proper legal balance between generic drugs and innovative drugs;
2021/06/03
Committee: JURI
Amendment 51 #

2021/0426(COD)

Proposal for a directive
Recital 36
(36) Electric vehicles are expected to play a crucial role in the decarbonisation and efficiency of the electricity system, namely through the provision of flexibility, balancing and storage services, especially through aggregation. This potential of electric vehicles to integrate with the electricity system and contribute to system efficiency and further absorption of renewable electricity should be fully exploited. Charging in relation to buildings is particularly important, since this is where electric vehicles park regularly and for long periods of time. Slow charging is economical and the installation of recharging points in private spaces can provide energy storage to the related building and integration of smart charging services and system integration services in general. However, especially in the urban areas with multi family residential buildings it is important to provide access to ecologically friendly public transport especially railway and bicycles.
2022/06/30
Committee: TRAN
Amendment 55 #

2021/0426(COD)

Proposal for a directive
Recital 37
(37) Combined with an increased share of renewable electricity production, electric vehicles produce fewer greenhouse gas emissions. Electric vehicles constitute an important component of a clean energy transition based on energy efficiency measures, alternative fuels, renewable energy and innovative solutions for the management of energy flexibility. Building codes can be effectively used to introducHowever, in some Member States the disproportion between currently used fuel engine tcargeted requirements to support thes and electric cars is enormous, therefore especially in these countries deployment of recharging infrastructure in car parks of residential and non-residential buildings. Member States should remove barriers such as split incentives and administrative complications which individual owners should be developed but in pace encounter when trying to install a recharging point on their parking spacnomically rationale.
2022/06/30
Committee: TRAN
Amendment 58 #

2021/0426(COD)

Proposal for a directive
Recital 38
(38) Pre-cabling provides the right conditions for the rapid deployment of recharging points if and where they are needed. Readily available infrastructure will decrease the costs of installation of recharging points for individual owners and ensure that electric vehicle users have access to recharging points. Establishing requirements for electromobility at Union level concerning the pre-equipping of parking spaces and the installation of recharging points is an effective way to promote electric vehicles in the near future while enabling further development at a reduced cost in the medium to long termin new and renovated building should be done only when justified in long economic perspective. Establishing requirements for electromobility at Union level concerning the pre-equipping of parking spaces and the installation of recharging points is an effective way to promote electric vehicles in the near future, however, especially in the Member States and regions where electromobility is less developed this will be very costly, and economically unreasonable. Therefore, specific exemptions and flexibility should be put in place to allow Member States with less developed electromobility market to achieve targets. Where technically feasible, Member States should ensure the accessibility of recharging points for persons with disabilities.
2022/06/30
Committee: TRAN
Amendment 62 #

2021/0426(COD)

Proposal for a directive
Recital 40
(40) Promoting green mobility is a key part of the European Green Deal and buildings can play an important role in providing the necessary infrastructure, not only for recharging of electric vehicles but also for bicycles, when justified by the real needs. A shift to soft mobility such as cycling and more effective public transport including better developed railway connections can significantly reduce greenhouse gas emissions from transport. As set out in the 2030 Climate Target Plan, increasing the modal shares of clean and efficient private and public transport, such as cycling, will drastically lower pollution from transport and bring major benefits to individual citizens and communities. The lack of bike parking spaces is a major barrier to the uptake of cycling, both in residential and non- residential buildings. Building codes can effectively support the transition to cleaner mobility by establishing requirements for a minimum number of bicycle parking spaces. However, it is definitely necessary to adjust the potential number of parking spaces to the actual needs (e.g. in the case of a large shopping center located on the outskirts of an urban center, equipped with several thousand car parking spaces, the construction and subsequent use of several thousand bicycle parking spaces are questionable).
2022/06/30
Committee: TRAN
Amendment 78 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2
2. ‘zero-emission building’ means a building with a very high energy performance, as determined in accordance with Annex I, where the very low amount of energy still required is fully covered by energy from renewable sources generated on-site, or energy delivered through electricity grids, from a renewable energy community within the meaning of Directive (EU) 2018/2001 [amended RED] or from a district heating and cooling system, in accordance with the requirements set out in Annex III;
2022/06/30
Committee: TRAN
Amendment 80 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3
3. ‘nearly zero-energy building’ means a building with a very high energy performance, as determined in accordance with Annex I , which cannot be lower than the 2023 cost-optimal level reported by Member States in accordance with Article 6(2) and where the nearly zero or very low amount of energy required ishould be covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby;
2022/06/30
Committee: TRAN
Amendment 82 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 19 – point a
(a) before 1 January 20305, into a nearly zero-energy building;
2022/06/30
Committee: TRAN
Amendment 83 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 19 – point b
(b) as of 1 January 20305, into a zero- emission building;
2022/06/30
Committee: TRAN
Amendment 86 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 49 – point a
(a) it can only beis distributed and used within that local and district level perimeter through a dedicated distribution network;
2022/06/30
Committee: TRAN
Amendment 87 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 49 – point c
(c) it can be used on-site of the building assessed through a dedicated connection to the energy production source, that dedicated connection requiring specific equipment for the safe supply and metering of energy for self-use of the building assessed;
2022/06/30
Committee: TRAN
Amendment 123 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 1 – introductory part
1. With regard to new non-residential buildings and non-residential buildings undergoing major renovation, with more than fivetwenty parking spaces, Member States shall ensure:
2022/06/30
Committee: TRAN
Amendment 131 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 1 – point b
(b) the installation of pre-cabling for every parking space to enable the installation at a later stage of recharging points for electric vehicles; andeleted
2022/06/30
Committee: TRAN
Amendment 137 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 1 – point c
(c) at least one bicycle parking space for every five car parking space when justified by local needs;
2022/06/30
Committee: TRAN
Amendment 143 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Member States shall ensure that the pre- cabling is dimensioned so as to enable the simultaneous use of the expected number of recharging points.deleted
2022/06/30
Committee: TRAN
Amendment 147 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 3
By way of derogation from the first subparagraph, point (a), for new office buildings and office buildings undergoing major renovation, with more than five parking spaces, Member States shall ensure the installation of at least one recharging point for every twofive parking spaces.
2022/06/30
Committee: TRAN
Amendment 149 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 2
2. With regard to all non-residential buildings with more than twenfifty parking spaces, Member States shall ensure the installation of at least one recharging point for every ten parking spaces, and at least one bicycle parking space for every car parking space, by 1 January 2027. In case of buildings owned or occupied by public authorities, Member States shall ensure pre-cabling for at least one in twofive car parking spaces, by 1 January 20335.
2022/06/30
Committee: TRAN
Amendment 163 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 4 – introductory part
4. With regard to new residential buildings and residential buildings undergoing major renovation, with more than threewenty parking spaces, Member States shall ensure:
2022/06/30
Committee: TRAN
Amendment 165 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 4 – point a
(a) the installation of pre-cabling for every parking space to enable the installation, at a later stage, of recharging points for electric vehicles; andeleted
2022/06/30
Committee: TRAN
Amendment 176 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 4 – subparagraph 2
Member States shall ensure that the pre- cabling is dimensioned to enable the simultaneous use of recharging points on all parking spaces. Where, in the case of major renovation, ensuring two bicycle parking spaces for every dwelling is not feasible, Member States shall ensure as many bicycle parking spaces as appropriate.
2022/06/30
Committee: TRAN
Amendment 205 #

2021/0426(COD)

Proposal for a directive
Article 15 – paragraph 10
10. From 1 January 2027 at the latest, Member States shall not provide any financial incentives for the installation of boilers powered by fossil fuels, with the exception of those selected for investment, before 2027, in accordance with Article 7(1)(h)(i) third hyphen of Regulation (EU) 2021/1058 of the European Parliament and the Council45 on the European Regional Development Fund and on the Cohesion Fund and with Article 73 of Regulation (EU) 2021/2115 of the European Parliament and the Council46 on the CAP Strategic Plans. _________________ 45 Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (OJ L 231, 30.6.2021, p. 60). 46 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1)the year following entry into force of this paragraph at the latest, Member States shall not provide any financial incentives for the installation of individual boilers powered by fossil fuels other than natural gas.
2022/06/30
Committee: TRAN
Amendment 216 #

2021/0426(COD)

Proposal for a directive
Annex III – point I – paragraph 3 – indent 1 a (new)
- - energy from electricity grid,
2022/06/30
Committee: TRAN
Amendment 217 #

2021/0426(COD)

Proposal for a directive
Annex III – point I – paragraph 3 – indent 3
renewable energy and waste heat from an efficient district heating and cooling system in accordance with Article (24(1) of Directive (EU) …/… [recast EED].
2022/06/30
Committee: TRAN
Amendment 83 #

2021/0420(COD)

Proposal for a regulation
Recital 13
(13) Given the evolution of the Union infrastructure needs and the decarbonisation goals, the Conclusions of the 2020 July European Council, according to which Union expenditure should be consistent with Paris Agreement objectives and the "do no significant harm" principle, within the meaning of Article 17 of the Taxonomy Regulation17 , projects of common interest should be assessed in order to ensure that TEN-T policy is coherent with transport, environmental and climate policy objectives of the Union. Member States and other project promoters should carry out environmental assessments of plans and projects which should include the “do no significant harm” assessment based on the latest available guidance and best practice. In cases that the implementation of a project of common interest entails a significant harm to an environmental or climate objective, reasonable alternatives should be considered. __________________ 17 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (Text with EEA relevance) (OJ L 198, 22.6.2020, p. 13).deleted
2022/05/06
Committee: IMCO
Amendment 91 #

2021/0420(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point z
(z) ‘maritime port’ means an area of land and water made up of such infrastructure and equipment so as to permit, principally, the reception of waterborne vessels, their loading and unloading, the storage of goods, the receipt and delivery or further transmission of those goods and the embarkation and disembarkation of passengers, crew and other persons and any other infrastructure necessary for transport operators within the port area;
2022/05/06
Committee: IMCO
Amendment 96 #

2021/0420(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. The environmental assessment of plans and projects shall be carried out in accordance with Council Directive 92/43/EEC49 , Directives 2000/60/EC50 , 2001/42/EC51 , 2002/49/EC52 , 2009/147/EC53 and 2011/92/EU of the European Parliament and of the Council54 . For the projects of common interest for which the environmental assessment has not yet been carried out at the date of entry into force of this Regulation, it should also include the assessment of the compliance with the “do no significant harm” principle. __________________ 49 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). 50 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1). 51 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30). 52 Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (OJ L 189 18.7.2002, p. 12). 53 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, O. 7). 54 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).
2022/05/06
Committee: IMCO
Amendment 98 #

2021/0420(COD)

Proposal for a regulation
Article 8 – paragraph 5
5. The Commission may requirecommend Member States by means of an implementing act to establish a single entity for the construction and management of cross-border infrastructure projects of common interest. The relevant European Coordinator shall have the status of observer in the management or supervisory board or in both of that single entity.
2022/05/06
Committee: IMCO
Amendment 102 #

2021/0420(COD)

Proposal for a regulation
Article 16 – paragraph 2 – introductory part
2. Member States shall ensure that the railway infrastructure of the extended core network, including connections referred to in Article 14(1), point (d), by 31 December 20405:
2022/05/06
Committee: IMCO
Amendment 104 #

2021/0420(COD)

Proposal for a regulation
Article 16 – paragraph 2 – point c – paragraph 2
When constructing or upgrading a passenger line of the extended core network or sections thereof, Member States shall perform a study to analyse the feasibility and economic, where applicable and economically feasible, perform a study to analyse relevance of higher speeds, and build or upgrade the line to such higher speed where its feasibility and economic relevance are demonstrated.
2022/05/06
Committee: IMCO
Amendment 106 #

2021/0420(COD)

Proposal for a regulation
Article 17 – paragraph 1 – introductory part
1. Member States shall ensure that on the railway infrastructure of the extended core network and the comprehensive network, including connections referred to in Article 14(1), point (d), by 31 December 20405:
2022/05/06
Committee: IMCO
Amendment 108 #

2021/0420(COD)

Proposal for a regulation
Article 18
1. by 31 December 2030, the quality of services provided by infrastructure managers to railway undertakings, technical anArticle 18 deleted oOperational requirements for infrastructure use and procedures related to border controls do not prevent the operational performance of rail freight services along the rail freight lines of the European Transport Corridors from meeting the following target values: (a) border section, the dwelling time of all freight trains crossing the border does not exceed 15 minutes on average. Dwelling time of a train on a cross-border section means the total additional transit time that can be attributed to the existence of the border crossing, irrespective of the underlying causes, such as police border controls and procedures or considerations of infrastructural, operational, technical and administrative nature, without taking into account the time that cannot be attributed to the border crossing, such as operational procedures carried out in facilities located in the proximity of the border crossing but not intrinsically related to it; (b) crossing at least one border of a European Transport Corridor arrive at their destination, or at the external Union border if their destination is outside the Union, at their scheduled time or with a delay of less than 30 minutes. 2. appropriate, contractual agreements referred to in Article 30 of Directive 2012/34/EU and take appropriate measures in accordance with Regulation (EU) No 913/2010 to meet the target values set out in points (a) and (b) of the first paragraph.the European Transport Corridors Member States shall ensure that, for each internal Union cross- at least 90% of the freight trains Member States shall modify, as
2022/05/06
Committee: IMCO
Amendment 109 #

2021/0420(COD)

Proposal for a regulation
Article 19 – paragraph 1 – introductory part
In the promotion of projects of common interest related to railway infrastructure, and where relevant, in addition to the general priorities set out in Articles 12 and 13, attention shall be given to the following:
2022/05/06
Committee: IMCO
Amendment 114 #

2021/0420(COD)

Proposal for a regulation
Article 24 – paragraph 3 – point k a (new)
(k a) dual use infrastructure utilised for activities such as military mobility.
2022/05/06
Committee: IMCO
Amendment 116 #

2021/0420(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point d
(d) introduction and promotion of new technologies and innovation for zero and low carbon energy fuels and propulsion systems, including LNG;
2022/05/06
Committee: IMCO
Amendment 117 #

2021/0420(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point e
(e) improve the resilience of the logistic chains and, international maritime trade and security of the energy supply, including in relation to climate adaptation;
2022/05/06
Committee: IMCO
Amendment 119 #

2021/0420(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point f
(f) bus terminals.deleted
2022/05/06
Committee: IMCO
Amendment 121 #

2021/0420(COD)

Proposal for a regulation
Article 29 – paragraph 2 – point b
(b) rest areas are available at a maximum distance of 60 km from each other, providing sufficient parking space, relevant safety and security equipment, and appropriate facilities, including sanitary facilities, that meet the needs of a diverse workforce;
2022/05/06
Committee: IMCO
Amendment 122 #

2021/0420(COD)

Proposal for a regulation
Article 29 – paragraph 2 – point c
(c) safe and secure parking areas are available at a maximum distance of 100 km from each otherdensity required by the traffic volume, market demand and other relevant factors, providing a sufficient parking space for commercial vehicles and complying with the requirements set out in Article 8(1), point (a), of Regulation (EU) 2020/105469 ; __________________ 69 Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachographs (OJ L 249, 31.7.2020, p. 1).
2022/05/06
Committee: IMCO
Amendment 128 #

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 ofroad infrastructure is not obstructing pedestrian and cycling paths in order to promote the active modes of transport.
2022/05/06
Committee: IMCO
Amendment 130 #

2021/0420(COD)

Proposal for a regulation
Article 35 – paragraph 3 – subparagraph 1 – introductory part
Within twohree years after the entry into force of this Regulation, Member States shall conduct a market and prospective analysis on multimodal freight terminals on their territory. This analysis shall at least:
2022/05/06
Committee: IMCO
Amendment 137 #

2021/0420(COD)

Proposal for a regulation
Article 44 – paragraph 1 – point d
(d) improve the safety and sustainability of the movement of persons, services and of the transport of goods;
2022/05/06
Committee: IMCO
Amendment 138 #

2021/0420(COD)

Proposal for a regulation
Article 44 – paragraph 1 – point i
(i) introduce dual use technology, security technology and compatible identification standards on the networks;
2022/05/06
Committee: IMCO
Amendment 139 #

2021/0420(COD)

Proposal for a regulation
Article 46 – paragraph 2
2. Projects of common interest for which an environmental impact assessment must be carried out in compliance with Directive 2011/92/UE shall be subject to climate proofing. The climate proofing shall be undertaken based on the latest available best practice and guidance to ensure that transport infrastructures are resilient to the adverse impacts of climate change, through a climate vulnerability and risk assessment, including through relevant adaptation measures, and through integration of the costs of greenhouse gas emissions in the cost- benefit analysis. Such requirement does not apply to projects for which the environmental impact assessment has been completed before entry into force of this Regulation.
2022/05/06
Committee: IMCO
Amendment 141 #

2021/0420(COD)

Proposal for a regulation
Article 47 – paragraph 2 – subparagraph 1 – introductory part
Member States shall make best effort to ensure that the information notified pursuant to paragraph 1 is made available at least twelve months before the final decision on the implementation of the project of common interest. The information shall in particular include:
2022/05/06
Committee: IMCO
Amendment 142 #

2021/0420(COD)

Proposal for a regulation
Article 47 – paragraph 3 – subparagraph 1
No later than thirty calendar days, unless agreed otherwise between Member State and the Commission, following the receipt of information pursuant to paragraph 1, the Commission may request additional information from the Member State where the project of common interest is planned. Any request for additional information shall be duly justified, limited to information necessary to carry out the assessment pursuant to paragraph 5, proportionate to the purpose of the request and not unduly burdensome for the Member State where the project of common interest is planned.
2022/05/06
Committee: IMCO
Amendment 153 #

2021/0420(COD)

Proposal for a regulation
Article 54 – paragraph 1
1. Based on the first work plan of the European Coordinators, the Commission shall adopt an implementing act for each work plan of the cross-border European Transport Corridors and the two horizontal priorities. This implementing act shall set out the priorities for infrastructure and investment planning and for funding.
2022/05/06
Committee: IMCO
Amendment 154 #

2021/0420(COD)

Proposal for a regulation
Article 54 – paragraph 4
4. Until full implementation of the measures provided for in the implementing act, the Member States concerned shall communicate to the Commission an biannual report on the progress achieved, indicating in particular the financial commitments made in the national budget plan.
2022/05/06
Committee: IMCO
Amendment 157 #

2021/0420(COD)

Proposal for a regulation
Article 55 – paragraph 3
3. Member States shall ensure the quality, completeness and consistency of the data in the TENtec information system. The national systems and data sources shall allow for an automated data exchange with TENtec.deleted
2022/05/06
Committee: IMCO
Amendment 161 #

2021/0420(COD)

Proposal for a regulation
Article 58 – paragraph 3
3. Member States shall notify to the Commission the draft national plans and programmes, or any modification of those, with a view to developing the trans- European transport network, at least twelve months before their adoption. The Commission may issue an opinion no later than six months following the notification by the Member State on the coherence of the draft national plans and programmes with the priorities set out in this Regulation and with the priorities set out in the work plans for the corresponding corridor(s) and of the horizontal priorities and in the implementing acts adopted in accordance with Article 54(1). The Member States shall inform the Commission, no later than two months after notification of the opinion, on the measures adopted to address the recommendations set out in the opinion.deleted
2022/05/06
Committee: IMCO
Amendment 166 #

2021/0420(COD)

Proposal for a regulation
Article 62 – paragraph 3 – subparagraph 2
In case the delayed 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.deleted
2022/05/06
Committee: IMCO
Amendment 433 #

2021/0420(COD)

Proposal for a regulation
Recital 50 a (new)
(50a) A sufficient number of safe and secure parking areas for commercial vehicles should be available, via the use of a gradual approach, on the core and extended core networks by 2035 and on the comprehensive network by 2040.
2022/11/16
Committee: TRAN
Amendment 738 #

2021/0420(COD)

Proposal for a regulation
Article 8 – paragraph 5
5. The Commission may requireconsult Member States by means of an implementing act to establish a single entity for the construction and management of cross-border infrastructure projects of common interest. The relevant European Coordinator shall have the status of observer in the management or supervisory board or in both of that single entity.
2022/11/16
Committee: TRAN
Amendment 840 #

2021/0420(COD)

Proposal for a regulation
Article 15 – paragraph 2 – introductory part
2. Member States shall ensure that the railway infrastructure of the comprehensive network, includingexcept connections referred to in Article 14(1), point (d), by 31 December 2050:
2022/11/17
Committee: TRAN
Amendment 849 #

2021/0420(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point d
(d) enables, without special permission, the operation of freight trains with a train length of at least 740 m (including the locomotive(s)). This requirement is met if at least the following conditions are complied with: (i) of the train paths for freight trains, and not less than two train paths per hour and direction, can be allocated to freight trains with a length of at least 740 m; (ii) train path per two hours and direction can be allocated to freight trains with a length of at least 740 m;deleted on double track lines, at least 50% on single track lines, at least one
2022/11/17
Committee: TRAN
Amendment 859 #

2021/0420(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point e
(e) provides a standard of at least P400 in accordance with item 1.1.1.1.3.5 of Table 1 in the Annex to Commission Implementing Regulation (EU) 2019/77757 , without any additional requirement for special permission to operate services. __________________ 57 Commission Implementing Regulation (EU) 2019/777 of 16 May 2019 on the common specifications for the register of railway infrastructure and repealing Implementing Decision 2014/880/EU (OJ L 139I, 27.5.2019, p. 312).deleted
2022/11/17
Committee: TRAN
Amendment 877 #

2021/0420(COD)

Proposal for a regulation
Article 15 – paragraph 3 a (new)
3a. Without prejudice to paragraph 3, upon request of a Member State, in duly justified cases, exemptions shall be granted by the Commission by means of implementing acts in respect of requirements referred to in this Article on the ground of specific geographical or significant physical constraints, negative result of socio-economic cost-benefit analysis or potential negative impacts on environment or biodiversity. Any such request shall be substantiated with sufficient justification. The request for exemptions shall be coordinated and agreed with the neighbouring Member State(s) in case of cross-border sections. A Member State may request the granting of several exemptions in a single request.
2022/11/17
Committee: TRAN
Amendment 879 #

2021/0420(COD)

Proposal for a regulation
Article 16 – paragraph 2 – introductory part
2. Member States shall ensure that the railway infrastructure of the extended core network, includingexcept connections referred to in Article 14(1), point (d), by 31 December 2040:
2022/11/17
Committee: TRAN
Amendment 883 #

2021/0420(COD)

Proposal for a regulation
Article 16 – paragraph 2 – point a
(a) meets the requirements set out in Article 15(2), points (a) to (e), and of a prevailing minimum operational line speed of 100 km/h, where the topography allows, for freight trains on the freight lines of the extended core network;
2022/11/17
Committee: TRAN
Amendment 893 #

2021/0420(COD)

Proposal for a regulation
Article 16 – paragraph 2 – point c – paragraph 1
allows for a prevailing minimum line speed of 160 km/h for passenger trains, where the topography allows, on the passenger lines of the extended core network;
2022/11/17
Committee: TRAN
Amendment 895 #

2021/0420(COD)

Proposal for a regulation
Article 16 – paragraph 2 – point c – paragraph 2
If the topography does not allow for above speed parameters, the requirements may not be applied without exemption procedure. When constructing or upgrading a passenger line of the extended core network or sections thereof, Member States shall perform a study to analyse the feasibility and economic relevance of higher speeds, and build or upgrade the line to such higher speed where its feasibility and economic relevance are demonstrated.
2022/11/17
Committee: TRAN
Amendment 897 #

2021/0420(COD)

Proposal for a regulation
Article 16 – paragraph 3 – introductory part
3. Member States shall ensure that the railway infrastructure of the core network, includingexcept connections referred to in Article 14(1), point (d), by 31 December 2030:
2022/11/17
Committee: TRAN
Amendment 901 #

2021/0420(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point a
(a) meets the requirements set out in Article 15(2), points (a) to (d), and of a prevailing minimum operational line speed of 100 km/h, where the topography allows, for freight trains on the freight lines of the core network;
2022/11/17
Committee: TRAN
Amendment 902 #

2021/0420(COD)

Proposal for a regulation
Article 16 – paragraph 3 – subparagraph 1 (new)
If the topography does not allow for above speed parameters, the requirements may not be applied without exemption procedure.
2022/11/17
Committee: TRAN
Amendment 907 #

2021/0420(COD)

Proposal for a regulation
Article 16 – paragraph 4 – introductory part
4. Member States shall ensure that the railway infrastructure of the core network, includingexcept connections referred to in Article 14(1), point (d), by 31 December 2040:
2022/11/17
Committee: TRAN
Amendment 919 #

2021/0420(COD)

Proposal for a regulation
Article 16 – paragraph 5 a (new)
5a. Without prejudice to paragraph 4, upon at the request of a Member State, in duly justified cases, exemptions shall be granted by the Commission by means of implementing acts in respect of requirements referred to in this article on the ground of specific geographical or significant physical constraints, negative result of socio-economic cost-benefit analysis or potential negative impacts on environment or biodiversity. Any such request shall be substantiated with sufficient justification. The request for exemptions shall be coordinated and agreed with the neighbouring Member State(s) in case of cross-border sections. A Member State may request the granting of several exemptions in a single request.
2022/11/17
Committee: TRAN
Amendment 928 #

2021/0420(COD)

Proposal for a regulation
Article 17 – paragraph 1 – introductory part
1. Member States shall ensure that on the railway infrastructure of the extended core network and the comprehensive network, including connections referred to in Article 14(1), point (d), by 31 December 2040:
2022/11/17
Committee: TRAN
Amendment 931 #

2021/0420(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) ERTMS is equippedon the railway infrastructure of the extended core network and the comprehensive network, except connections referred to in Article 14(1), point (d), ERTMS is equipped, while ensuring a synchronised and harmonised ERTMS deployment trackside and on board of trains;
2022/11/17
Committee: TRAN
Amendment 942 #

2021/0420(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point b
(b) class B systems are decommissionedERTMS is deployed on connections referred to in Article 14(1), point (d), of the extended core and the comprehensive network where such equipment is deemed necessary by the Member State concerned in coordination with the relevant stakeholders, in particular the infrastructure manager.
2022/11/17
Committee: TRAN
Amendment 950 #

2021/0420(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. Member States shall ensure that by 31 December 2030: – the railway infrastructure of the core network, including connections referred to in Article 14(1), point (d), by 31 December 2030 meets the requirements of paragraph 1, point (a). except connections referred to in Article 14(1), point (d),meets the requirements of paragraph 1 – ERTMS is deployed on connections referred to in Article 14(1), point (d), of the core network where such equipment is deemed necessary by the Member State concerned in coordination with the relevant stakeholders, in particular the infrastructure manager.
2022/11/17
Committee: TRAN
Amendment 952 #

2021/0420(COD)

Proposal for a regulation
Article 17 – paragraph 3
3. Member States shall ensure that the railway infrastructure of the core network, including connections referred to in Article 14(1), point (d), by 31 December 2040 meets the requirement of paragraph 1, point (b).deleted
2022/11/17
Committee: TRAN
Amendment 956 #

2021/0420(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. Member States shall ensure that on the railway infrastructure of the core network, the extended core network and the comprehensive network, including connections referred to in Article 14(1), point (d), as of 31 December 202530, in case of construction of a new line or upgrade of the signalling system, radio-based ERTMS is being deployed.
2022/11/17
Committee: TRAN
Amendment 963 #

2021/0420(COD)

Proposal for a regulation
Article 17 – paragraph 5 a (new)
5a. Member States shall ensure that radio-based ERTMS is deployed by 31 December 2050 on connections referred to in Article 14(1), point (d), of the core network, the extended core network and the comprehensive network, where such equipment is deemed necessary by the Member State concerned in coordination with the relevant stakeholders, in particular the infrastructure manager. In case of construction of a new line, such deployment shall be ensured as of 31 December 2030.
2022/11/17
Committee: TRAN
Amendment 969 #

2021/0420(COD)

Proposal for a regulation
Article 17 – paragraph 6
6. At the request of a Member State, in duly justified cases, exemptions mayshall be granted by the Commission by means of implementing acts in respect of requirements referred to in paragraphs 1 to 5a. Any request for exemption shall be based on negative result of a socio- economic cost-benefit analysis and an assessment of the impact on interoperability. An exemption shall comply with the requirements of Directive (EU) 2016/797 of the European Parliament and of the Council59 , be coordinated and agreed with the neighbouring Member State(s) where applicabley such request shall be substantiated with sufficient justification elements. The request for exemptions shall be coordinated and agreed with the neighbouring Member State(s) where applicable. A Member State may request the granting of several exemptions in a single request. Requested exemptions shall comply with the requirements of Directive (EU) 2016/797 of the European Parliament and of the Council59. The Commission shall assess the request in view of the elements justification provided under the first subparagraph. __________________ 59 Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (OJ L 138, 26.5.2016, p. 44).
2022/11/17
Committee: TRAN
Amendment 996 #

2021/0420(COD)

Proposal for a regulation
Article 18
Operational requirements for the European Transport Corridors 1. by 31 December 2030, the quality of services provided by infrastructure managers to railway undertakings, technical and operational requirements for infrastructure use and procedures related to border controls do not prevent the operational performance of rail freight services along the rail freight lines of the European Transport Corridors from meeting the following target values: (a) border section, the dwelling time of all freight trains crossing the border does not exceed 15 minutes on average. Dwelling time of a train on a cross-border section means the total additional transit time that can be attributed to the existence of the border crossing, irrespective of the underlying causes, such as police border controls and procedures or considerations of infrastructural, operational, technical and administrative nature, without taking into account the time that cannot be attributed to the border crossing, such as operational procedures carried out in facilities located in the proximity of the border crossing but not intrinsically related to it; (b) crossing at least one border of a European Transport Corridor arrive at their destination, or at the external Union border if their destination is outside the Union, at their scheduled time or with a delay of less than 30 minutes. 2. Member States shall modify, as appropriate, contractual agreements referred to in Article 30 of Directive 2012/34/EU and take appropriate measures in accordance with Regulation (EU) No 913/2010 to meet the target values set out in points (a) and (b) of the first paragraph.Article 18 deleted Member States shall ensure that, for each internal Union cross- at least 90% of the freight trains
2022/11/17
Committee: TRAN
Amendment 1202 #

2021/0420(COD)

Proposal for a regulation
Article 29 – paragraph 2 – point c
(c) safe and secure parking areas are available at a maximum distance of 100 km from each other, providing a sufficient parking space for commercial vehicles and complying with the requirements set out in Article 8(1), point (a), of Regulation (EU) 2020/105469 ; __________________ 69 Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachographs (OJ L 249, 31.7.2020, p. 1).deleted
2022/11/21
Committee: TRAN
Amendment 1207 #

2021/0420(COD)

Proposal for a regulation
Article 29 – paragraph 2 a (new)
2a. Member States shall ensure that by 31 December 2027, safe and secure parking areas are available on 15% of the length of the TEN-T comprehensive network and at a maximum distance of 100 km from each other, providing a sufficient parking space for commercial vehicles and complying with the requirements set out in Article 8(1), point (a), of Regulation (EU) 2020/1054. Member States shall ensure that by 31 December 2030, safe and secure parking areas are available on 30% of the length of the TEN-T comprehensive network and at a maximum distance of 100 km from each other, providing a sufficient parking space for commercial vehicles and complying with the requirements set out in Article 8(1), point (a), of Regulation (EU) 2020/1054. Member States shall ensure that by 31 December 2035, safe and secure parking areas are available on 50% of the length of the TEN-T comprehensive network and at a maximum distance of 100 km from each other, providing a sufficient parking space for commercial vehicles and complying with the requirements set out in Article 8(1), point (a), of Regulation (EU) 2020/1054. Member States shall ensure that by 31 December 2040, safe and secure parking areas are sufficiently available on the entire length of the TEN-T comprehensive network and at a maximum distance of 100 km from each other, providing a sufficient parking space for commercial vehicles and complying with the requirements set out in Article 8(1), point (a), of Regulation (EU) 2020/1054. Member States shall ensure that alternative fuels infrastructure is available at each safe and secure parking area, in full compliance with the requirements of Regulation (EU) […] [on the deployment of alternative fuels infrastructure].
2022/11/21
Committee: TRAN
Amendment 1215 #

2021/0420(COD)

Proposal for a regulation
Article 30 – paragraph 2
2. Member States shall ensure that the road infrastructure of the core network and extended core network meets the requirements set out in Article 29(2), points (a), (c) and (d), by 31 December 2040.
2022/11/21
Committee: TRAN
Amendment 1219 #

2021/0420(COD)

Proposal for a regulation
Article 30 – paragraph 2 a (new)
2a. Member States shall ensure that by 31 December 2027, safe and secure parking areas are available on 30% of the length of the TEN-T core and extended core networks and at a maximum distance of 100 km from each other, providing a sufficient parking space for commercial vehicles and complying with the requirements set out in Article 8(1), point (a), of Regulation (EU) 2020/1054. Member States shall ensure that by 31 December 2030, safe and secure parking areas are available on 60% of the length of the TEN-T core and extended core networks and at a maximum distance of 100 km from each other, providing a sufficient parking space for commercial vehicles and complying with the requirements set out in Article 8(1), point (a), of Regulation (EU) 2020/1054. Member States shall ensure that by 31 December 2035, safe and secure parking areas are sufficiently available on the entire length of the TEN-T core and extended core networks and at a maximum distance of 100 km from each other, providing a sufficient parking space for commercial vehicles and complying with the requirements set out in Article 8(1), point (a), of Regulation (EU) 2020/1054. Member States shall ensure that alternative fuels infrastructure is available at each safe and secure parking area, in full compliance with the requirements of Regulation (EU) […] [on the deployment of alternative fuels infrastructure].
2022/11/21
Committee: TRAN
Amendment 1546 #

2021/0420(COD)

Proposal for a regulation
Article 53 – paragraph 1
1. Each European Coordinator of the European Transport Corridors and the two horizontal priorities shall draw up, in the consultation with Member States, at the latest two years after the entry into force of this Regulation and thereafter every four years, a work plan that provides a detailed analysis of the state of implementation of the corridor or horizontal priority under his/her competence and its compliance with the requirements of this Regulation as well as the priorities for its future development.
2022/11/21
Committee: TRAN
Amendment 1768 #

2021/0420(COD)

Node Name: Bydgoszcz Rail road terminals: comprehensivre (Bydgoszcz, Bydgoszcz – Południe)
2023/01/25
Committee: TRAN
Amendment 1794 #

2021/0420(COD)

Proposal for a regulation
Annex 3 – part 5/14
replaced by Annex 2 – part 2/8 of amended proposal COM(2022)384 Add the following to the corridor North Sea – Baltic European : - Warsaw – Lublin – Chelm – Kovel- Sarny and Korosten
2023/01/25
Committee: TRAN
Amendment 1818 #

2021/0420(COD)

Proposal for a regulation
Annex 4 - part 1/12 and part 8/12
replaced by Annex 3 – part 1/2 of amended proposal COM(2022)384 Add the following to the core network: - Warsaw – Lublin – Chelm – Kovel - Sarny and Korosten
2023/01/25
Committee: TRAN
Amendment 63 #

2021/0291(COD)

Proposal for a directive
Recital 2
(2) Since 2009, efforts have been deployed at Union level to limit the fragmentation of the charging interfaces for mobile phones and similar items of radio equipment. Recent voluntary initiatives, although they increased the standardisation of charging devices, do not fully meet Union policy objectives to reduce electronic waste (e-waste), ensure consumer convenience and avoid fragmentation of the market for charging devices. Continuous development of the existing technologies, such as USB or fast charging, which have evolved over the recent years in order to increase consumer satisfaction and devices capabilities, make it harder to achieve a common charger across different type of the devices. Nonetheless, applying the latest technologies and researching for new advances in charging techniques are beneficial for the consumers.
2022/02/21
Committee: IMCO
Amendment 73 #

2021/0291(COD)

Proposal for a directive
Recital 6
(6) The interoperability between radio equipment and accessories such as chargers is hampered as there are different charging interfaces for certain categories or classes of radio equipment that use wired charging such as handheld mobile phones, tablets, digital cameras, headphones or headsets, handheld videogame consoles and portable speakers. In addition, there are several types of fast charging communication protocols for which a minimum level of performance is not always guaranteed. As a result, Union action is required to promote a common degree of interoperability and the provision of information relating to the charging characteristics of radio equipment to end-users. It is therefore necessary to introduce suitable requirements in Directive 2014/53/EU regarding the charging communication protocols, the charging interface (i.e. charging receptacle) of certain categories or classes of radio equipment, as well as the information to be provided to end-users regarding the charging characteristics of those categories or classes of radio equipment, including guidance on what type of charger works best with specific categories or classes of radio equipment. For that purpose, the Commission should create a basic, colour-based graphic legend or pictograms that will allow consumers to easily link certain device with proper charger category in order to achieve best compatibility and improve charging experience. The legend or pictograms should take into account the charging technology of the device and power range required to fully utilise its charging capabilities.
2022/02/21
Committee: IMCO
Amendment 78 #

2021/0291(COD)

Proposal for a directive
Recital 7
(7) The absence of harmonisation in this area may lead to substantial differences between the Member States' laws, regulations, administrative provisions or practices on the interoperability of mobile phones and similar categories or classes of radio equipment with their charging devices, and on the supply of radio equipment without charging devices.deleted
2022/02/21
Committee: IMCO
Amendment 81 #

2021/0291(COD)

Proposal for a directive
Recital 8
(8) The size of the internal market in rechargeable mobile phones and similar categories or classes of radio equipment, the proliferation of different types of charging devices for such radio equipment and, the significant cross-border trade of those products calls for stronger legislative action at Union level rather than either national level or voluntary measures, so as to achieve the smooth functioning of the internal market. and strong links with the globally developed standards, calls for legislative action at Union level, that ensures a technology-neutral, flexible and future proof approach that will not prevent development of the new charging solutions and which would lead to the technological lock-in effect, thus adversely impacting consumer experience and choice.
2022/02/21
Committee: IMCO
Amendment 91 #

2021/0291(COD)

Proposal for a directive
Recital 10
(10) Such harmonisation would be however incomplete, if it is not combined with requirements regarding the combined sale of radio equipment and their chargers and information to be provided to end- users. A fragmentation of approaches among the Member States with respect to the marketing of the categories or classes of radio equipment concerned and their charging devices would hamper the cross- border trade in those products, for example by obliging economic operators to repackage their products depending on the Member State, in which the products are to be supplied. This would in turn result in increased inconvenience for consumers and would generate unnecessary e-waste thus offsetting the benefits derived from the harmonisation of the charging interface and charging communication protocol. Itn its therefore necessary to impose requirementsstudy, the Commission confirms that 82% of consumers consider finding an EPS, and 89% finding a cable, very important or important. It is therefore necessary to ensure that end-users are not obligforced to separately purchase a new charging device with each purchase ofhen acquiring a new mobile phone or similar item of radio equipment. To ensure the effectiveness of such requirements, end-users should receive the necessary information regarding the charging characteristics when purchasing a mobile phone or similar item of radio equipment.
2022/02/21
Committee: IMCO
Amendment 96 #

2021/0291(COD)

Proposal for a directive
Recital 12
(12) USB Type-C is a technology that is already common to many categories or classes of radio equipment as it provides high-quality charging and data transfer. The USB Type-C charging receptacle, when combined with the USB Power Delivery charging communication protocol, is capable of providing up to 10240W of power and therefore leaves ample room for further development of fast charging solutions, while allowing the market to cater for low-end phones that do not need fast charging. Mobile phones and similar radio equipment that support fast charging can incorporate the USB Power Delivery features as described in standard EN IEC 62680-1-2:2020 ‘Universal serial bus interfaces for data and power - Part 1- 2: Common components - USB Power Delivery specification’.
2022/02/21
Committee: IMCO
Amendment 100 #

2021/0291(COD)

Proposal for a directive
Recital 13
(13) With respect to charging by means other than wired charging, divergent solutions may be developed in the future, which may have negative impacts on interoperability, consumer convenience and the environment. Whilst it is premature to impose specific requirements on such solutions at this stage, the Commission should be able to take action towards harmonising them in the future, if fragmentation on the internal market is observedtaking due account of the potential trade-off between new functionalities that the consumers can benefit of and convenience of utilising the single technology.
2022/02/21
Committee: IMCO
Amendment 135 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 2 a (new)
With respect to radio equipment capable of being recharged via wired charging, and respective charging devices, the Commission shall adopt delegated acts in accordance with Article 44, by [insert date - 6 months after to the date of entry into force of this Regulation], to amend and update Annex Ia in the light of the technical progress in order to establish a colour-based legend or pictograms, linking radio equipment and corresponding charging devices. The Commission shall, in particular, introduce: (a) adequate power categories within the power range specified in the ANNEX Ia; and (b) user-friendly colour labelling, simplifying the process of matching a radio equipment with an appropriate and most efficient charging device by the user;
2022/02/21
Committee: IMCO
Amendment 150 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 a (new)
4a. By way of derogation from paragraph 4 of this Article, radio equipment falling within the categories or classes specified in Annex Ia, Part I shall be exempted from those requirements where: (a) the device is intended for non- private use, and where the intended use includes specific commercial or scientific purposes and the use of the connector provided for in Annex Ia would disproportionately reduce the device’s capabilities for those purposes; (b) the device is intended to operate in specific environmental conditions requiring connectors with specific waterproofing, heat management or other capabilities. (c) the equipment is refurbished; or (d) the device incorporates new technology which provides charging capabilities which improve upon the specifications of the connector provided for in Annex Ia. Devices referred to in subparagraph 1, point (d), shall be made available subject to annual quantitative limits. The Commission shall adopt a delegated act in accordance with Article 44, by ... [6 months after the date of entry into force of this Directive], amending Annex Ia to specify the quantitative annual limits concerning devices specified in point (b) of the first subparagraph of this paragraph.
2022/02/21
Committee: IMCO
Amendment 162 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2014/53/EU
Article 10 – paragraph 8 – subparagraph 3
Radio equipment falling within the scope of Article 3(4) first subparagraph and its charging devices, where applicable, shall be accompanied by information on specifications relating to charging capabilities and to its charging device, as described in Annex Ia, Part II. The Commission is empowered to adopt delegated acts in accordance with Article 44 in order to amend Annex Ia, Part II, by introducing, modifying, adding or removing any details in relation to that information or the way that such information shall be indicated.;
2022/02/21
Committee: IMCO
Amendment 175 #

2021/0291(COD)

Proposal for a directive
Article 2 – paragraph 1 – subparagraph 2
They shall apply those provisions from [OP please insert date 124 months after the end of the transposition period indicated in the preceding subparagraph].
2022/02/21
Committee: IMCO
Amendment 187 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
ANNEX I a – Part I – paragraph 1 – point a
(a) be equipped with the USB Type-C receptacle, as described in the standard EN IEC 62680-1-3:2021 ‘Universal serial bus interfaces for data and power - Part 1-3: Common components - USB Type-CTM Cable and Connector Specification’ or the latest EN edition, which should remain accessible and operational at all times;
2022/02/21
Committee: IMCO
Amendment 189 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part I – paragraph 1 – point b
(b) be capable, in the case of charging power lower than 60 watts, of being charged with cables which comply with the standard EN IEC 62680-1-3:2021 ‘Universal serial bus interfaces for data and power - Part 1-3: Common components - USB Type-CTM Cable and Connector Specification’ or the latest EN edition.
2022/02/21
Committee: IMCO
Amendment 196 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
ANNEX I a – Part I – paragraph 2 – point a
(a) where applicable, incorporate the USB Power Delivery, as described in the standard EN IEC 62680-1-2:2021 ‘Universal serial bus interfaces for data and power - Part 1-2: Common components - USB Power Delivery specification’;
2022/02/21
Committee: IMCO
Amendment 199 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part II – paragraph 1 – introductory part
In the case of radio equipment falling within the scope of Article 3 (4), first subparagraph, and, where applicable, compatible charging devices the following information shall be indicated in printed form on the packaging or, in the absence of packaging, on a removable label accompanying the radio equipment and, where applicable, compatible charging devices with the condition that the label can be visible:
2022/02/21
Committee: IMCO
Amendment 204 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part II – paragraph 1 – point b
(b) a description of the specifications in relation to charging capabilities of the radio equipment, in so far as they are capable of being recharged via wired charging at voltages higher than 5 volts or currents higher than 3 amperes or powers higher than 15 watts, including an indication that the radio equipment supports the USB Power Delivery charging protocol by displaying the text “USB PD fast charging” and an indication of any other supported charging protocol by displaying its name in text format.; or
2022/02/21
Committee: IMCO
Amendment 206 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part II – paragraph 1 – point b a (new)
(ba) a description of the recommended power category of the wired charging device that can be used with that radio equipment to maximise its capabilities, based on the colour legend or pictogram, matching compatible category of the charging device.
2022/02/21
Committee: IMCO
Amendment 212 #

2021/0223(COD)

Proposal for a regulation
Recital 14 a (new)
(14 a) Exemptions from the infrastructure requirements applicable to the TEN-T Core and Comprehensive network should be possible in duly justified cases, including cases where investment cannot be justified in socio- economic cost-benefit terms.
2022/03/21
Committee: TRAN
Amendment 231 #

2021/0223(COD)

Proposal for a regulation
Recital 22 a (new)
(22 a) Newly proposed obligations regarding a minimum coverage of publicly accessible recharging points dedicated to light and heavy-duty vehicles on the road network result in increased expectations on distribution system operators to connect recharging points, which will consequently affect distribution system in terms of additional investment cost and its functioning on the daily basis. Therefore, implementation of the tasks resulting from this regulation should take into account the technical and financial capabilities of distribution system operators
2022/03/21
Committee: TRAN
Amendment 417 #

2021/0223(COD)

– biomass fuels and biofuels, including biogas and biopropane, as defined in Article 2, points (27), (28) and (33) of Directive (EU) 2018/2001,
2022/03/21
Committee: TRAN
Amendment 432 #

2021/0223(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point c – introductory part
(c) ‘alternative fossil fuels’ for a transitional phasetransitional alternative fuels’:
2022/03/21
Committee: TRAN
Amendment 524 #

2021/0223(COD)

Proposal for a regulation
Article 3 – paragraph 1 a (new)
1 a. By way of derogation from point (a) and (b) of paragraph 1, Member States may not meet the cumulative power output targets set out in point (a) and (b) of paragraph 1 after the share of fully electric light duty vehicles exceeds 20% of the entire light duty fleet in that particular Member State. Member States shall notify the use of this derogation to the Commission.
2022/03/21
Committee: TRAN
Amendment 559 #

2021/0223(COD)

Proposal for a regulation
Article 3 – paragraph 2 a (new)
2 a. By way of derogation from point (a) and (b) of paragraph 2, along TEN-T core and comprehensive network roads with a total annual average daily traffic density of less than 10.000 light duty vehicles and where the infrastructure cannot be justified in socio-economic cost-benefit terms, a single publicly accessible recharging station which is easily accessible from both travel directions, shall be considered to meet the requirements for both directions, as set out in points (a) and (b) of paragraph 2 in terms of total power output of the pool and number of stations as required for one travel direction. Additionally, by way of derogation from point (a) and (b) of paragraph 2, along TEN-T core and comprehensive network roads with a total annual average daily traffic density of less than 7500 light duty vehicles and where the infrastructure cannot be justified in socio-economic cost-benefit terms, Member States may extend the maximum distance between charging stations up to 100 km. Member States shall notify the use of this derogation(s) to the Commission.
2022/03/21
Committee: TRAN
Amendment 627 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 1 a (new)
1 a. By way of derogation from point (a), (b) and (c) of paragraph 1, along TEN-T core and comprehensive network roads with a total annual average daily traffic density of less than 2000 heavy duty vehicles and where the infrastructure cannot be justified in socio-economic cost-benefit terms, a single publicly accessible recharging station, which is easily accessible from both travel directions, shall be considered to meet the requirements for both directions, as set out in points (a), (b) and (c) of paragraph 1 in terms of total power output of the pool and number of stations as required for one travel direction. Additionally, by way of derogation from point (a) and (b) of paragraph 1, along TEN-T core and comprehensive network roads with a total annual average daily traffic density of less than 2000 heavy duty vehicles and where the infrastructure cannot be justified in socio-economic cost-benefit terms, Member States may extend the maximum distance between charging stations up to 100 km. Member States shall notify the use of this derogation(s) to the Commission.
2022/03/21
Committee: TRAN
Amendment 728 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 8 a (new)
8 a. Operators of publicly accessible recharging points shall ensure that all publicly accessible recharging points operated by them comply with provisions of directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union
2022/03/21
Committee: TRAN
Amendment 745 #

2021/0223(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
To that end Member States shall ensure that by 31 December 2030 publicly accessible hydrogen refuelling stations with a minimum capacity of 2 t/day and equipped with at least a 700 bars dispenseralong the TEN-T core network are deployed with a maximumn average distance of 15300 km in-between them along the TEN-T core and the TEN-T comprehensive network. Liquid hydrogen shall be made available at publicly accessible refuelling stations with a maximum, but not more than a distance of 4350 km in-between them.
2022/03/21
Committee: TRAN
Amendment 882 #

2021/0223(COD)

Proposal for a regulation
Article 9 – paragraph 3 a (new)
3 a. At the request of a Member State, in duly justified cases, exemptions from the requirement set out in points (a), (b) and (c) in Paragraph 1, may be granted by the Commission by means of implementing acts. Any request for exemption shall be based on a socio- economic cost-benefit analysis, the assessment of specific geographic or significant physical constraints and/or of potential negative impacts on environment.
2022/03/21
Committee: TRAN
Amendment 1022 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 2 a (new)
2 a. Member States shall cooperate with the relevant distribution system operators in preparing their national policy frameworks in relation to deployment of recharging points.
2022/03/21
Committee: TRAN
Amendment 1048 #

2021/0223(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. The regulatory authority of a 3. Member States shall assess in cooperation with distribution system operators concerned, at the latest by 30 June 2024 and periodically every three years thereafter, how the deployment and operation of recharging points could enable electric vehicles to further contribute to the flexibility of the energy system, including their participation in the balancing market, and to the further absorption of renewable electricity. That assessment shall take into account all types of recharging points, whether public or private, and provide recommendations in terms of type, supporting technology and geographical distribution in order to facilitate the ability of users to integrate their electric vehicles in the system. It shall be made publicly available. On the basis of the results of the assessment, Member States shall, if necessary, take the appropriate measures for the deployment of additional recharging points and include them in their progress report referred to in paragraph 1. The assessment and measures shall be taken into account by the system operators in the network development plans referred to in Article 32(3) and Article 51 of Directive (EU) 2019/944.
2022/03/21
Committee: TRAN
Amendment 56 #

2021/0218(COD)

Proposal for a directive
Recital 4
(4) There is a growing recognition of the need for alignment of bioenergy policies with the cascading principle of biomass use11 , with a view to ensuring fair access to the biomass raw material market for the development of innovative, high value-added bio-based solutions and a sustainable circular bioeconomy. When developing support schemes for bioenergy, Member States should therefore take into consideration the available sustainable supply of biomass for energy and non- energy uses and the maintenance of the national forest carbon sinks and ecosystems as well as the principles of the circular economy and the biomass cascading use, and the waste hierarchy established in Directive 2008/98/ECof the European Parliament and of the Council12 . For this, they should grant no support to the production of energy from saw logs, veener logs, stumps and roots and avoid promoting the use of quality roundwood for energy except in well-defined circumstances. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal. Where no other use for woody biomass is economically viable or environmentally appropriate, energy recovery helps to reduce energy generation from non- renewable sources. Member States’ support schemes for bioenergy should therefore be directed to such feedstocks for which little market competition exists with the material sectors, and whose sourcing is considered positive for both climate and biodiversity, in order to avoid negative incentives for unsustainable bioenergy pathways, as identified in the JRC report ‘The use of woody biomass for energy production in the EU’13 . On the other hand, in defining the further implications of the cascading principle, it is necessary to recognise the national specificities which guide Member States in the design of their support schemesWaste prevention, reuse and recycling of waste should be the priority option. Member States should avoid creating support schemes which would be counter to targets on treatment of waste and which would lead to the inefficient use of recyclable waste. Moreover, in order to ensure a more efficient use of bioenergy, from 2026 on Member States should not give support anymore to electricity-only plants , unless the installations are in regions with a specific use status as regards their transition away from fossil fuels or if the installations use carbon capture and storage. _________________ 11 The cascading principle aims to achieve resource efficiency of biomass use through prioritising biomass material use to energy use wherever possible, increasing thus the amount of biomass available within the system. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal. 12 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3). 13 https://publications.jrc.ec.europa.eu/reposit ory/handle/JRC122719
2022/05/04
Committee: PETI
Amendment 62 #

2021/0218(COD)

Proposal for a directive
Recital 5
(5) The rapid growth and increasing cost-competitiveness of renewable electricity production canould be used to satisfy a growing share of energy demand, for instance using heat pumps for space heating or low-temperature industrial processes, electric vehicles for transport, or electric furnaces in certain industries. Renewable electricity can also be used to produce synthetic fuels for consumption in hard-to-decarbonise transport sectors such as aviation and maritime transport. A framework for electrification needs to enable robust and efficient coordination and expand market mechanisms to match both supply and demand in space and time, stimulate investments in flexibility, and help integrate large shares of variable renewable generation. Member States should therefore ensure that the deployment of renewable electricity continues to increase at an adequate pace to meet growing demand. For this, Member States should establish a framework that includes market- compatible mechanisms to tackle remaining barriers to have secure and adequate electricity systems fit for a high level of renewable energy, as well as storage facilities, fully integrated into the electricity system. In particular, this framework shall tackle remaining barriers, including non-financial ones such as insufficient digital and human resources of authorities to process a growing number of permitting applications.
2022/05/04
Committee: PETI
Amendment 72 #

2021/0218(COD)

Proposal for a directive
Recital 8
(8) The Offshore Renewable Energy Strategy introduces an ambitious objective of 300 GW of offshore wind and 40 GW of ocean energy across all the Union’s sea basins by 2050. To ensure this step change, Member States will need to work together across borders at sea-basin level. Member States should therefore jointly define the amount of offshore renewable generation to be deployed within each sea basin by 2050, with intermediate steps in 2030 and 2040. These objectives should be reflected in the updated national energy and climate plans that will be submitted in 2023 and 2024 pursuant to Regulation (EU) 2018/1999. In defining the amount, Member States should take into account the offshore renewable energy potential of each sea basin, environmental protection, climate adaptation and other uses of the sea, as well as the Union’s decarbonisation targets. In addition, Member States should increasingly consider the possibility of combining offshore renewable energy generation with transmission lines interconnecting several Member States, in the form of hybrid projects or, at a later stage, a more meshed grid. This would allow electricity to flow in different directions, thus maximising socio- economic welfare, optimising infrastructure expenditure and enabling a more sustainable usage of the seaIn defining the amount, Member States should take into account the offshore renewable energy potential of each sea basin, environmental protection, climate adaptation and other uses of the sea, as well as the Union’s decarbonisation targets.
2022/05/04
Committee: PETI
Amendment 90 #

2021/0218(COD)

Proposal for a directive
Recital 14
(14) Infrastructure development for district heating and cooling networks should be stepped up and steered towards harnessing a wider range of renewable heat and cold sources in an efficient and flexible way in order to increase the deployment of renewable energy and deepen energy system integration, without having any negative impact on the energy prices or having any costs born by the final consumer. It is therefore appropriate to update the list of renewable energy sources that district heating and cooling networks should increasingly accommodate and require the integration of thermal energy storage as a source of flexibility, greater energy efficiency and more cost-effective operation.
2022/05/04
Committee: PETI
Amendment 94 #

2021/0218(COD)

Proposal for a directive
Recital 16
(16) In order for flexibility and balancing services from the aggregation of distributed storage assets to be developed in a competitive manner, real-time access to basic battery information such as state of health, state of charge, capacity and power set point, together with quantity of CO2 emitted in the process of the battery production and the length of its degradation period with the exact location of its disposal should be provided under non- discriminatory terms and free of charge to the owners or users of the batteries and the entities acting on their behalf, such as building energy system managers, mobility service providers and other electricity market participants. It is therefore appropriate to introduce measures addressing the need of access to such data for facilitating the integration-related operations of domestic batteries and electric vehicles, complementing the provisions on access to battery data related to facilitating the repurposing of batteries in [the proposed Commission regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020]. The provisions on access to battery data of electric vehicles should apply in addition to any laid down in Union law on type approval of vehicles.
2022/05/04
Committee: PETI
Amendment 64 #

2021/0211(COD)

Proposal for a directive
Recital 17
(17) In the European Green Deal, the Commission stated its intention to take additional measures to address greenhouse gas emissions from the maritime transport sector through a basket of measures to enable the Union to reach its emissions reduction targets. In this context, Directive 2003/87/EC should be amended to include the maritime transport sector in the EU ETS in order to ensure this sector contributes to the increased climate objectives of the Union as well as to the objectives of the Paris Agreement, which requires developed countries to take the lead by undertaking economy-wide emission reduction targets, while developing countries are encouraged to move over time towards economy-wide emission reduction or limitation targets.49 Considering that emissions from international aviation outside Europe should be capped from January 2021 by global market-based action while there is no action in place that caps or prices maritime transport emissions, it is appropriate that the EU ETS covers a share of the emissions from voyages between a port under the jurisdiction of a Member State and port under the jurisdiction of a third country, with the third country being able to decide on appropriate action in respect of the other share of emissions. The extension of the EU ETS to the maritime transport sector should thus include half of the emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port outside the jurisdiction of a Member State, half of the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port under the jurisdiction of a Member State, and emissions at berth in a port under the jurisdiction of a Member State. This approach has been noted as a practical way to solve the issue of Common but Differentiated Responsibilities and Capabilities, which has been a longstanding challenge in the UNFCCC context. The coverage of a share of the emissions from both incoming and outgoing voyages between the Union and third countries ensures the effectiveness of the EU ETS, notably by increasing the environmental impact of the measure compared to a geographical scope limited to voyages within the EU, while limiting the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. To ensure a smooth inclusion of the sector in the EU ETS, the surrendering of allowances by shipping companies should be gradually increased with respect to verified emissions reported for the period 2023 to 2025. To protect the environmental integrity of the system, to the extent that fewer allowances are surrendered in respect of verified emissions for maritime transport during those years, once the difference between verified emissions and allowances surrendered has been established each year, a corresponding a number of allowances should be cancelled. As from 2026, shipping companies should surrender the number of allowances corresponding to all of their verified emissions reported in the preceding year. __________________ 49 Paris Agreement, Article 4(4).
2022/02/08
Committee: TRAN
Amendment 116 #

2021/0211(COD)

Proposal for a directive
Recital 43
(43) The Communication of the Commission on Stepping up Europe’s 2030 climate ambition57 , underlined the particular challenge to reduce the emissions in the sectors of road transport and buildings. Therefore, the Commission announced that a further expansion of emissions trading could include emissions from road transport and buildings. Emissions trading for these two new sectors would be established through separate but adjacent emissions trading. This would avoid any disturbance of the well-functioning emissions trading in the sectors of stationary installations and aviation. The new system is accompanied by complementary policies and measures safeguarding against undue price impacts, shaping expectations of market participants and aiming for a carbon price signal for the whole economy. Previous experience has shown that the development of the new market requires setting up an efficient monitoring, reporting and verification system. In view of ensuring synergies and coherence with the existing Union infrastructure for the EU ETS covering the emissions from stationary installations and aviation, it is appropriate to set up emissions trading for the road transport and buildings sectors via an amendment to Directive 2003/87/ЕC. __________________ 57 COM(2020)562 final.deleted
2022/02/08
Committee: TRAN
Amendment 118 #

2021/0211(COD)

Proposal for a directive
Recital 44
(44) In order to establish the necessary implementation framework and to provide a reasonable timeframe for reaching the 2030 target, emissions trading in the two new sectors should start in 2025. During the first year, the regulated entities should be required to hold a greenhouse gas emissions permit and to report their emissions for the years 2024 and 2025. The issuance of allowances and compliance obligations for these entities should be applicable as from 2026. This sequencing will allow starting emissions trading in the sectors in an orderly and efficient manner. It would also allow the EU funding and Member State measures to be in place to ensure a socially fair introduction of the EU emissions trading into the two sectors so as to mitigate the impact of the carbon price on vulnerable households and transport users.deleted
2022/02/08
Committee: TRAN
Amendment 132 #

2021/0211(COD)

Proposal for a directive
Recital 45
(45) Due to the very large number of small emitters in the sectors of buildings and road transport, it is not possible to establish the point of regulation at the level of entities directly emitting greenhouse gases, as is the case for stationary installations and aviation. Therefore, for reasons of technical feasibility and administrative efficiency, it is more appropriate to establish the point of regulation further upstream in the supply chain. The act that triggers the compliance obligation under the new emissions trading should be the release for consumption of fuels which are used for combustion in the sectors of buildings and road transport, including for combustion in road transport of greenhouse gases for geological storage. To avoid double coverage, the release for consumption of fuels which are used in other activities under Annex I to Directive 2003/87/EC should not be covered.deleted
2022/02/08
Committee: TRAN
Amendment 133 #

2021/0211(COD)

Proposal for a directive
Recital 46
(46) The regulated entities in the two new sectors and the point of regulation should be defined in line with the system of excise duty established by Council Directive (EU) 2020/26258 , with the necessary adaptations, as that Directive already sets a robust control system for all quantities of fuels released for consumption for the purposes of paying excise duties. End-users of fuels in those sectors should not be subject to obligations under Directive 2003/87/EC. __________________ 58Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty (OJ L 58 27.2.2020, p. 4).deleted
2022/02/08
Committee: TRAN
Amendment 141 #

2021/0211(COD)

Proposal for a directive
Recital 47
(47) The regulated entities falling within the scope of the emissions trading in the sectors of buildings and road transport should be subject to similar greenhouse gas emissions permit requirements as the operators of stationary installations. It is necessary to establish rules on permit applications, conditions for permit issuance, content, and review, and any changes related to the regulated entity. In order for the new system to start in an orderly manner, Member States should ensure that regulated entities falling within the scope of the new emissions trading have a valid permit as of the start of the system in 2025.deleted
2022/02/08
Committee: TRAN
Amendment 142 #

2021/0211(COD)

Proposal for a directive
Recital 48
(48) The total quantity of allowances for the new emissions trading should follow a linear trajectory to reach the 2030 emissions reduction target, taking into account the cost-efficient contribution of buildings and road transport of 43 % emission reductions by 2030 compared to 2005. The total quantity of allowances should be established for the first time in 2026, to follow a trajectory starting in 2024 from the value of the 2024 emissions limits (1 109 304 000 CO2t), calculated in accordance with Article 4(2) of Regulation (EU) 2018/842 of the European Parliament and of the Council59 on the basis of the reference emissions for these sectors for the period from 2016 to 2018. Accordingly, the linear reduction factor should be set at 5,15 %. From 2028, the total quantity of allowances should be set on the basis of the average reported emissions for the years 2024, 2025 and 2026, and should decrease by the same absolute annual reduction as set from 2024, which corresponds to a 5,43 % linear reduction factor compared to the comparable 2025 value of the above defined trajectory. If those emissions are significantly higher than this trajectory value and if this divergence is not due to small-scale differences in emission measurement methodologies, the linear reduction factor should be adjusted to reach the required emissions reduction in 2030. __________________ 59 Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).deleted
2022/02/08
Committee: TRAN
Amendment 151 #

2021/0211(COD)

Proposal for a directive
Recital 49
(49) The auctioning of allowances is the simplest and the most economically efficient method for allocating emission allowances, which also avoids windfall profits. Both the buildings and road transport sectors are under relatively small or non-existent competitive pressure from outside the Union and are not exposed to a risk of carbon leakage. Therefore, allowances for buildings and road transport should only be allocated via auctioning without there being any free allocation.deleted
2022/02/08
Committee: TRAN
Amendment 160 #

2021/0211(COD)

Proposal for a directive
Recital 50
(50) In order to ensure a smooth start to emissions trading in the buildings and road transport sectors and taking into account the need of the regulated entities to hedge or buy ahead allowances to mitigate their price and liquidity risk, a higher amount of allowances should be auctioned early on. In 2026, the auction volumes should therefore be 30 % higher than the total quantity of allowances for 2026. This amount would be sufficient to provide liquidity, both if emissions decrease in line with reduction needs, and in the event emission reductions only materialise progressively. The detailed rules for this front-loading of auction volume are to be established in a delegated act related to auctioning, adopted pursuant to Article 10(4) of Directive 2003/87/EC.deleted
2022/02/08
Committee: TRAN
Amendment 166 #

2021/0211(COD)

Proposal for a directive
Recital 51
(51) The distribution rules on auction shares are highly relevant for any auction revenues that would accrue to the Member States, especially in view of the need to strengthen the ability of the Member States to address the social impacts of a carbon price signal in the buildings and road transport sectors. Notwithstanding the fact that the two sectors have very different characteristics, it is appropriate to set a common distribution rule similar to the one applicable to stationary installations. The main part of allowances should be distributed among all Member States on the basis of the average distribution of the emissions in the sectors covered during the period from 2016 to 2018.deleted
2022/02/08
Committee: TRAN
Amendment 171 #

2021/0211(COD)

Proposal for a directive
Recital 52
(52) The introduction of the carbon price in road transport and buildings should be accompanied by effective social compensation, especially in view of the already existing levels of energy poverty. About 34 million Europeans reported an inability to keep their homes adequately warm in 2018, and 6,9 % of the Union population have said that they cannot afford to heat their home sufficiently in a 2019 EU-wide survey60 . To achieve an effective social and distributional compensation, Member States should be required to spend the auction revenues on the climate and energy-related purposes already specified for the existing emissions trading, but also for measures added specifically to address related concerns for the new sectors of road transport and buildings, including related policy measures under Directive 2012/27/EU of the European Parliament and of the Council61 . Auction revenues should be used to address social aspects of the emission trading for the new sectors with a specific emphasis in vulnerable households, micro-enterprises and transport users. In this spirit, a new Social Climate Fund will provide dedicated funding to Member States to support the European citizens most affected or at risk of energy or mobility poverty. This Fund will promote fairness and solidarity between and within Member States while mitigating the risk of energy and mobility poverty during the transition. It will build on and complement existing solidarity mechanisms. The resources of the new Fund will in principle correspond to 25 % of the expected revenues from new emission trading in the period 2026-2032, and will be implemented on the basis of the Social Climate Plans that Member States should put forward under Regulation (EU) 20…/nn of the European Parliament and the Council62 . In addition, each Member State should use their auction revenues inter alia to finance a part of the costs of their Social Climate Plans. __________________ 60 Data from 2018. Eurostat, SILC [ilc_mdes01]. 61Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1–56). 62[Add ref to the Regulation establishing the Social Climate Fund].deleted
2022/02/08
Committee: TRAN
Amendment 175 #

2021/0211(COD)

Proposal for a directive
Recital 53
(53) Reporting on the use of auctioning revenues should be aligned with the current reporting established by Regulation (EU) 2018/1999 of the European Parliament and of the Council63 . __________________ 63 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1–77).deleted
2022/02/08
Committee: TRAN
Amendment 179 #

2021/0211(COD)

Proposal for a directive
Recital 54
(54) Innovation and development of new low-carbon technologies in the sectors of buildings and road transport are crucial for ensuring the cost-efficient contribution of these sectors to the expected emission reductions. Therefore, 150 million allowances from emissions trading in the buildings and road transport sectors should also be made available to the Innovation Fund to stimulate the cost-efficient emission reductions.deleted
2022/02/08
Committee: TRAN
Amendment 187 #

2021/0211(COD)

Proposal for a directive
Recital 55
(55) Regulated entities covered by the buildings and road transport emissions trading should surrender allowances for their verified emissions corresponding to the quantities of fuels they have released for consumption. They should surrender allowances for the first time for their verified emissions in 2026. In order to minimise the administrative burden, a number of rules applicable to the existing emissions trading system for stationary installations and aviation should be made applicable to emissions trading for buildings and road transport, with the necessary adaptations. This includes, in particular, rules on transfer, surrender and cancellation of allowances, as well as the rules on the validity of allowances, penalties, competent authorities and reporting obligations of Member States.deleted
2022/02/08
Committee: TRAN
Amendment 193 #

2021/0211(COD)

Proposal for a directive
Recital 56
(56) For emissions trading in the buildings and road transport sectors to be effective, it should be possible to monitor emissions with high certainty and at reasonable cost. Emissions should be attributed to regulated entities on the basis of fuel quantities released for consumption and combined with an emission factor. Regulated entities should be able to reliably and accurately identify and differentiate the sectors in which the fuels are released for consumption, as well as the final users of the fuels, in order to avoid undesirable effects, such as double burden. To have sufficient data to establish the total number of allowances for the period from 2028 to 2030, the regulated entities holding a permit at the start of the system in 2025 should report their associated historical emissions for 2024.deleted
2022/02/08
Committee: TRAN
Amendment 201 #

2021/0211(COD)

Proposal for a directive
Recital 57
(57) It is appropriate to introduce measures to address the potential risk of excessive price increases, which, if particularly high at the start of the buildings and road transport emissions trading, may undermine the readiness of households and individuals to invest in reducing their greenhouse gas emissions. These measures should complement the safeguards provided by the Market Stability Reserve established by Decision (EU) 2015/1814 of the European Parliament and of the Council64 and that became operational in 2019. While the market will continue to determine the carbon price, safeguard measures will be triggered by rules-based automatism, whereby allowances will be released from the Market Stability Reserve only if concrete triggering conditions based on the increase in the average allowance price are met. This additional mechanism should also be highly reactive, in order to address excessive volatility due to factors other than changed market fundamentals. The measures should be adapted to different levels of excessive price increase, which will result in different degrees of the intervention. The triggering conditions should be closely monitored by the Commission and the measures should be adopted by the Commission as a matter of urgency when the conditions are met. This is without prejudice to any accompanying measures that Member States may adopt to address adverse social impacts. __________________ 64Decision (EU) 2015/1814 of the European Parliament and of the Council of 6 October 2015 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC (OJ L 264, 9.10.2015, p. 1).deleted
2022/02/08
Committee: TRAN
Amendment 208 #

2021/0211(COD)

Proposal for a directive
Recital 58
(58) The application of emissions trading in the buildings and road transport sectors should be monitored by the Commission, including the degree of price convergence with the existing ETS, and, if necessary, a review should be proposed to the European Parliament and the Council to improve the effectiveness, administration and practical application of emissions trading for those sectors on the basis of acquired knowledge as well as increased price convergence. The Commission should be required to submit the first report on those matters by 1 January 2028.deleted
2022/02/08
Committee: TRAN
Amendment 215 #

2021/0211(COD)

Proposal for a directive
Recital 59
(59) In order to ensure uniform conditions for the implementation of Articles 3gd(3), 12(3b) and 14(1) of Directive 2003/87/EC, implementing powers should be conferred on the Commission. To ensure synergies with the existing regulatory framework, the conferral of implementing powers in Articles 14 and 15 of that Directive should be extended to cover the sectors of road transport and buildings. Those implementing powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council65 . __________________ 65Regulation (EU) No 182/2011 of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.02.2011, p. 13).
2022/02/08
Committee: TRAN
Amendment 272 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
1. The allocation of allowances and the application of surrender requirements in respect of maritime transport activities shall apply in respect of fifty percent (50 %) of the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, fifty percent (50 %) of the emissions from ships performing voyage departing from a port outside the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State, one hundred percent (100 %) of emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State and one hundred percent (100 %) of emissions from ships at berth in a port under the jurisdiction of a Member State.
2022/02/08
Committee: TRAN
Amendment 341 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Directive 2003/87/EC
Article 10 – paragraph 3 – introductory part
3. Member States shall determine the use of revenues generated from the auctioning of allowances, except for the revenues established as own resources in accordance with Article 311(3) TFEU and entered in the Union budget. Member States shall use 50% of their revenues generated from the auctioning of allowances referred to in paragraph 2, with the exception of the revenues used for the compensation of indirect carbon costs referred to in Article 10a(6), for one or more of the following:
2022/02/08
Committee: TRAN
Amendment 345 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – point f
(f) to encourage a shift to low-emission and public forms of transport; b a) In Article 10 paragraph 3 point (f) is replaced by the following: "(f) to encourage a shift to low-emission and public forms of transport, in particular from flights to rail on short distances and investing in multimodal ports; Or. en (Directive 2003/87/EC)
2022/02/08
Committee: TRAN
Amendment 405 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Chapter IVa
(21) The following Chapter IVa is inserted after Article 30: “CHAPTER IVa EMISSIONS TRADING SYSTEM FOR BUILDINGS AND ROAD TRANSPOR [...]deleted
2022/02/08
Committee: TRAN
Amendment 454 #

2021/0211(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2
Decision (EU) 2015/1814
Article 1a
(2) the following Article 1a is inserted: “Article 1a Operation of the Market Stability Reserve for the buildings and road transport sectors [...]deleted
2022/02/08
Committee: TRAN
Amendment 51 #

2021/0207(COD)

Proposal for a directive
Recital 13
(13) IncreasedFull auctioning from the year after the entry into force of this amendment to Directive 2003/87/EC should be the rule for the aviation sector allocation of allowances, taking into account the sector’s ability to pass on the increased cost of CO2. In order to preserve the environmental integrity in the system and level the playing field for all aircraft operators form 2024 no free allowances will be allocated to the aviation sector.
2022/02/21
Committee: TRAN
Amendment 116 #

2021/0207(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 2003/87/EC
Article 3 d – paragraph 1
1. InAs from 1 January 2024, 25%all of the quantity of allowances in respect of which free allocation would have taken place as published in accordance with Article 3cin that year shall be auctioned.’,
2022/02/21
Committee: TRAN
Amendment 118 #

2021/0207(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 2003/87/EC
Article 3 d
(b) the following paragraph 1a, 1b, 1c and 1d are added: ‘1a.deleted In 20256, 750% of the quantity of allowances in respect of which free allocation would have taken place in that year, calculated from the publication in accordance with Article 3c shall be auctioned. 1b. allowances in respect of which free allocation would have taken place in that year, calculated from the publication in accordance with Article 3c shall be auctioned. 1c. quantity of allowances in respect of which free allocation would have taken place in that year shall be auctioned. ’, 1.d. for free shall be allocated to aircraft operators proportionately to their share of verified emissions from aviation activities reported in 2023. This calculation shall also take into account verified emissions from aviation activities reported in respect of flights that are only covered by the EU ETS from 1 January 2023.’,’As from 1 January 2027, all of the Allowances which are allocated
2022/02/21
Committee: TRAN
Amendment 126 #

2021/0207(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 d – paragraph 3
The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the detailed arrangements for the auctioning by Member States of aviation allowances in accordance with paragraphs 1, 1a, 1b, 1c and 1d of this Article, including the modalities for the transfer of a share of revenue from such auctioning to the general budget of the Unionof this Article.’,
2022/02/21
Committee: TRAN
Amendment 130 #

2021/0207(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e
Directive 2003/87/EC
Article 3 d – paragraph 4
4. Member States shall determine the use of revenues generated from the auctioning of allowances covered by this Chapter, except for the revenues established as own resources in accordance with Article 311(3) of the Treaty and entered in the general budget of the Union. Member States shall use the revenues generated from the auctioning of allowances in accordance with Article 10(3).;
2022/02/21
Committee: TRAN
Amendment 69 #

2021/0206(COD)

Proposal for a regulation
Recital 11
(11) Therefore, a part of the revenues generated by the inclusion of building and road transportEU ETS within into the scope of Directive 2003/87/EC should be used to address the social impacts arising from that inclusion,costs generated by the EU climate policy for the transition to be just and inclusive, leaving no one behind.
2022/03/01
Committee: TRAN
Amendment 84 #

2021/0206(COD)

Proposal for a regulation
Recital 13
(13) A Social Climate (‘the Fund’) should therefore be established to provide funds to the Member States to support their policies to address the social impacts of the emissions trading for buildings and road transportcosts generated by the EU climate change policies on vulnerable households, vulnerable micro-enterprises and vulnerable transport users. This should be achieved notably through temporary income support and measures and investments intended to reduce reliance on fossil fuels through increased energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sources, and granting improved access to zero- and low-emission mobility and transport to the benefit of vulnerable households, vulnerable micro-enterprises and vulnerable transport users.
2022/03/01
Committee: TRAN
Amendment 105 #

2021/0206(COD)

Proposal for a regulation
Recital 16
(16) Ensuring that the measures and investments are particularly targeted towards energy poor or vulnerable households, vulnerable micro-enterprises and vulnerable transport users is key for a just transition towards climate neutrality. Support measures to promote reductions in greenhouse gas emissions should help Member States to address the social impacts arising from the emissions trading for the sectors of buildings and road transportcosts generated by the EU climate policy.
2022/03/01
Committee: TRAN
Amendment 108 #

2021/0206(COD)

Proposal for a regulation
Recital 17
(17) Pending the impact of those investments on reducing costs and emissions, well targeted direct income support for the most vulnerable would help the just transition. Such support should be understood to be a temporary measure accompanying the decarbonisation of the housing and transport sectors. It would not be permanent as it does not address the root causes of energy and transport poverty. Such support should only concern direct impacts of the inclusion of building and road transport into the scope of Directive 2003/87/EC, not electricity or heating costs related to the inclusion of power and heat production in the scope of that Directive. Eligibility for such direct income support should be limited in time.
2022/03/01
Committee: TRAN
Amendment 126 #

2021/0206(COD)

Proposal for a regulation
Recital 23
(23) The financial envelope of the Fund should, in principle, be commensurate to amounts corresponding to 25% of the expected revenues from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC in the period 2026-2032. Pursuant to Council Decision (EU, Euratom) 2020/205341 , Member States should make those revenues available to the Union budget as own resources. Member States are to finance 50% of the total costs of their Plan themselves. For this purpose, as well as for investment and measures to accelerate and alleviate the required transition for citizens negatively affected, Member States should inter alia use their expected revenues from emissions trading for buildings and road transport under Directive 2003/87/EC for that purpose. _________________ 41 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing be established from x% of the total quantity of allowances, and auctioned in accordance with the rules and modalities for auctions taking place on the Common Auction Platform set out in Commission Regulation (EU) No 1031/2010 (8). Council Decision 2014/335/(EU, Euratom (OJ L 424, 15.12.2020, p. 1).)
2022/03/01
Committee: TRAN
Amendment 136 #

2021/0206(COD)

Proposal for a regulation
Recital 25 a (new)
(25 a) To ensure that support under the Plan can be effectively implemented from the initial years of the energy into force of the Social Climate Fund, it should be possible for a part of the financial contribution of Member States to be paid in the form of pre-finance.
2022/03/01
Committee: TRAN
Amendment 145 #

2021/0206(COD)

Proposal for a regulation
Article 1 – paragraph 3
The measures and investments supported by the Fund shall benefit households, micro-enterprises and transport users, which are vulnerable and particularly affected by the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/ECcosts generated by the EU climate policy, especially households in energy poverty and citizens without public transport alternative to individual cars (in remote and rural areas).
2022/03/01
Committee: TRAN
Amendment 151 #

2021/0206(COD)

Proposal for a regulation
Article 1 – paragraph 4
The general objective of the Fund is to contribute to the transition towards climate neutrality by addressing the social impacts of the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/ECconsequences of the challenges of the green transition. The specific objective of the Fund is to support vulnerable households, vulnerable micro-enterprises and vulnerable transport users through temporary direct income support and through measures and investments intended to increase energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration and storage of energy from renewable sources, and granting improved access to zero- and low-emission mobility and transport.
2022/03/01
Committee: TRAN
Amendment 181 #

2021/0206(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 12
(12) ‘vulnerable micro-enterprises’ means micro-enterprises that are significantly affected by the price impacts of the inclusion of buildings into the scope of Directive 2003/87/ECcosts generated by the EU climate policy and lack the means to renovate the building they occupy;
2022/03/01
Committee: TRAN
Amendment 196 #

2021/0206(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. Each Member State shall submit to the Commission a Social Climate Plan (‘the Plan’) together with the update to the integrated national energy and climate plan referred to in Article 14(2) of Regulation (EU) 2018/1999 in accordance with the procedure and timeline laid down in that Article. The Plan shall contain a coherent set of measures and investments to address the impact of carbon pricingEU climate policy on vulnerable households, vulnerable micro- enterprises and vulnerable transport users in order to ensure affordable heating, cooling and mobility while accompanying and accelerating necessary measures to meet the climate targets of the Union.
2022/03/01
Committee: TRAN
Amendment 199 #

2021/0206(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. The Plan may include national measures providing temporary direct income support to vulnerable households and households that are vulnerable transport users to reduce the impact of the increase in the price of fossil fuels resulting from the inclusion of buildings and road transport into the scope of Directive 2003/87/ECEU climate policy.
2022/03/01
Committee: TRAN
Amendment 276 #

2021/0206(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. Member States may include the costs of measures providing temporary direct income support to vulnerable households and vulnerable households that are transport users to absorb the increase in road transport and heating fuel prices. Such support shall decrease over time and be limited to the direct impact of the emission trading for buildings and road transport. Eligibility for such direct income support shall cease within the time limits identified under Article 4(1) point (d).
2022/03/01
Committee: TRAN
Amendment 314 #

2021/0206(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Where it is proven by the Member State concerned in its Plan that the public interventions referred to in paragraph 1 do not fully off-set the price increase resulting from the inclusion of the sectors of buildings and road transport into the scope of Directive 2003/87/EC, direct income support may be included in the estimated total costs in the limits of the price increase not fully off-set.deleted
2022/03/01
Committee: TRAN
Amendment 325 #

2021/0206(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. The financial envelope for the implementation of the Fund for the period 2025-2027 shall be EUR 23 700 000 000 in current pricesshould correspond to the x% of the total quantity of allowances, and auctioned in accordance with the rules and modalities for auctions taking place on the Common Auction Platform set out in Commission Regulation (EU) No 1031/2010 (8).
2022/03/01
Committee: TRAN
Amendment 331 #

2021/0206(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. The financial envelope for the implementation of the Fund for the period 2028-2032 shall be EUR 48 500 000 000 in current prices, subject to the availability of the amounts under the annual ceilings of the applicable multiannual financial framework referred to in Article 312 TFEU.deleted
2022/03/01
Committee: TRAN
Amendment 344 #

2021/0206(COD)

Proposal for a regulation
Article 10 – paragraph 1 a (new)
1 a. When requested by a Member State together with the submission of its Social Climate Plans, the Commission shall make a pre-financing payment of an amount of X% of the financial contribution. The Commission shall make the corresponding payment within, to the extent possible, two months after the adoption by the Commission of the legal commitment referred to in Article 18.
2022/03/01
Committee: TRAN
Amendment 364 #

2021/0206(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point a – point i
(i) whether the Plan represents a response to the social impact on and challenges faced by vulnerable households, vulnerable micro-enterprises and vulnerable transport users in the Member State concerned from establishing the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/ECdue to an ambitious EU climate policy, especially households in energy poverty, duly taking into account the challenges identified in the assessments of the Commission of the update of the concerned Member State’s integrated national energy and climate plan and of its progress pursuant to Article 9(3), and Articles 13 and 29 of Regulation (EU) 2018/1999, as well as in the Commission recommendations to Member States issued pursuant to Article 34 of Regulation (EU) 2018/1999 in view of the long-term objective of climate neutrality in the Union by 2050. This shall take into account the specific challenges and the financial allocation of the Member State concerned;
2022/03/01
Committee: TRAN
Amendment 369 #

2021/0206(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point a – point iii
(iii) whether the Plan contains measures and investments addressing the social impacts that contribute to the green transition, including to addressing the challenges resulting therefrom and in particular to the achievement of the 2030 climate and energy objectives of the Union and the 2030 milestones of the Mobility Strategy.
2022/03/01
Committee: TRAN
Amendment 385 #

2021/0206(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. By 15 March 2027 each Member State concerned shall assess the appropriateness of its Plans in view of the actual direct effects of the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/087/EC. Those assessments shall be submitted to the Commission as part of the biennial progress reporting pursuant to Article 17 of Regulation (EU) 2018/1999.deleted
2022/03/01
Committee: TRAN
Amendment 61 #

2021/0205(COD)

Proposal for a regulation
Recital 5
(5) In particular, it is essential to ensure a level playing field across the Union air transport market regarding aviation fuel, which account for a substantial share of aircraft operators’ costs. Variations in fuel prices can affect significantly aircraft operators’ economic performance and negatively impact competition on the market. The majority of fuel tankering is for operational and safety reasons. Where differences in aviation fuel prices exist between Union airports or between Union and non-Union airports, this can lead aircraft operators to adapt their refuelling strategies for economic reasons. Fuel tankering increases aircraft’s fuel consumption and results in unnecessary greenhouse gas emissions. Fuel tankering for economic reasons by aircraft operators accordingly undermines of the Union’s efforts towards environmental protection. Some aircraft operators are able to use favourable aviation fuel prices at their home base as a competitive advantage towards other airlines operating similar routes. This can have detrimental effects on the competitiveness of the sector and be harmful to air connectivity. TWhile fuel tankering for economic reasons could be justified to avoid exposure to monopolistic or excessive fuel prices at some airports, this Regulation should set up measures to prevent suchunjustifiable practices in order to avoid unnecessary environmental damage as well as to restore and preserve the conditions for fair competition on the air transport market.
2022/03/14
Committee: TRAN
Amendment 77 #

2021/0205(COD)

Proposal for a regulation
Recital 8
(8) Sustainable aviation fuels are liquid, drop-in fuels, fully fungible with conventional aviation fuel and compatible with existing aircraft engines, as well as hydrogen (from renewable electricity or from waste or from biomethane) and electricity. Several production pathways of sustainable aviation fuels have been certified at global level for use in civil or military aviation. Sustainable aviation fuels are technologically ready to play an important role in reducing emissions from air transport already in the very short term. They are expected to account for a major part of the aviation fuel mix in the medium and long term. Further, with the support of appropriate international fuel standards, sustainable aviation fuels might contribute to lowering the aromatic content of the final fuel used by an operator, thus helping to reduce other non-CO2 emissions. Other alternatives to power aircraft, such as electricity or liquid hydrogen are expected to progressively contribute to the decarbonisation of air transport, beginning with short-haul flights.
2022/03/14
Committee: TRAN
Amendment 99 #

2021/0205(COD)

Proposal for a regulation
Recital 14 a (new)
(14 a) Considering the global nature of the aviation business and bearing in mind that global approaches deliver higher environmental gains and avoid distortion of competition among regions and airlines, the application of this Regulation should avoid duplication with other regional initiatives or international agreements and therefore limit its blending mandates to intra-EU flights only. If extra-EU flights were to be covered by an international agreement under ICAO, provisions of this Regulation should include the flexibility to be complementary but not overlap with such international agreement under ICAO.
2022/03/14
Committee: TRAN
Amendment 101 #

2021/0205(COD)

Proposal for a regulation
Recital 15
(15) The present Regulation should apply to aircraft engaged in civil aviation, carrying out commercial air transport flights. It should not apply to aircraft such as military aircraft and aircraft engaged in operations for humanitarian, search, rescue, disaster relief or medical purposes, as well as customs, police and fire-fighting operations. Indeed, flights operated in such circumstances are of exceptional nature and as such cannot always be planned in the same way as regular flights. Due to the nature of their operations, they may not always be in a position to fulfil obligations under this Regulation, as it may represent unnecessary burden. In order to cater for a level playing field across the EU aviation single market, this regulation should cover the largest possible share of commercial air traffic operated from airports located on EU territory. At the same time, in order to safeguard air connectivity for the benefits of EU citizens, businesses and regions, it is important to avoid imposing undue burden on air transport operations at small airports. A threshold of yearly passenger air traffic and freight traffic should be defined, below which airports would not be covered by this Regulation; however, the scope of the Regulation should cover at least 95% of total traffic departing from airports in the Union. For the same reasons, a threshold should be defined to exempt aircraft operators accountable for a very low number of departures from airports located on EU territory.
2022/03/14
Committee: TRAN
Amendment 114 #

2021/0205(COD)

Proposal for a regulation
Recital 16
(16) Development and deployment of sustainable aviation fuels with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promoted. This should support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable aviation fuels for aviation in short and long term to contribute to Union transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, sustainable aviation fuels produced from feedstock listed in Parts A and B of Annex IX of Directive (EU) 2018/2001, as well as synthetic aviation fuels as well as hydrogen (from renewable electricity or from waste or from biomethane) and electricity should be eligible. In particular, sustainable aviation fuels produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technology to decarbonise air transport already in the short term.
2022/03/14
Committee: TRAN
Amendment 123 #

2021/0205(COD)

Proposal for a regulation
Recital 17
(17) For sustainability reasons, only sustainable feed and food crop-based fuels should not be eligible. In particular,Concerns with indirect land-use change, which can occurs when the cultivation of crops for biofuels displaces traditional production of crops for food and feed purposes. Such additional demand increases the pressure on land and can lead to the extension of agricultural land into areas with high-carbon stock, such as forests, wetlands and peatland, causing additional greenhouse gas emissions and loss of biodiversity concerns. Research has shown that the scale of the effect depends on a variety of factors, including the type of feedstock used for fuel production, the level of additional demand for feedstock triggered by the use of biofuels and the extent to which land with high-carbon stock is protected worldwide. The highest risks of indirect land-use change have been identified for biofuels, fuels produced from feedstock for which a significant expansion of the production area into land with high-carbon stock is observed. Accordingly, feed and food crop-based fuels should not be promoted. This approach is in line Union policy and in particular with Directive (EU) 2018/2001 which limits and sets a cap on the use of such biofuels in road and rail transport, considering their lower environmental benefits, lower performance in terms of greenhouse reduction potential and broader sustainability concerns. In addition to the greenhouse gas emissions linked to indirect land-use change – which is capable of negating some or all greenhouse gas emissions savings of individual biofuels – indirect land-use change poses risks also to biodiversity. This risk is particularly serious in connection with a potentially large expansion of production determined by a significant increase in demand. The aviation sector has currently insignificant levels of demand for food and feed crops- based biofuels, since over 99% of currently used aviation fuels are of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels by promoting their use under this Regulation. The non-eligibility of crop- based biofuels under this Regulation also minimises any risk to slow down the decarbonisation of road transport, which could otherwise result from a shift of crop-based biofuels from the road to the aviation sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sector, are already addressed in Directive (EU) 2018/2001 by means of a cap on the contribution of crop-based biofuels for the EU targets including aviation, as well as a delegated act on high-ILUC risk biofuels, which are to be phased out to 0% by 2030.
2022/03/14
Committee: TRAN
Amendment 141 #

2021/0205(COD)

Proposal for a regulation
Recital 20
(20) It is essential to ensure that the minimum shares of sustainable aviation fuels can be successfully supplied to the aviation market without supply shortages. For this purpose, sufficient lead-time should be planned to allow the renewable fuels industry to develop production capacity accordingly. The supply of sustainable aviation fuels should become mandatory starting in 202530. Similarly, in order to provide legal certainty and predictability to the market and drive investments durably towards sustainable aviation fuels production capacity, the terms of this Regulation should be stable over a long period of time.
2022/03/14
Committee: TRAN
Amendment 146 #

2021/0205(COD)

Proposal for a regulation
Recital 21
(21) With the introduction and ramp- up of sustainable aviation fuels at Union airports, practices of fuel tankering may be exacerbated as a consequence of aviation fuel costs increases. Tankering practices are unstainable and should be avoided as they undermine the Union’s efforts to reduce environmental impacts from transport. Those would be contrary to the aviation decarbonisation objectives as increased aircraft weight would increase fuel consumption and related emissions on a given flight. Tankering practices also put at risk the level playing field in the Union between aircraft operators, and also between airports. This Regulation should therefore require aircraft operators to refuel prior to departure from a given Union airport. The amount of fuel uplifted prior to departures from a given Union airport should be commensurate with the amount of fuel necessary to operate the flights departing from that airport, taking into account the necessary compliance with fuel safety rules. The requirement ensures that equal conditions for operations in the Union applying equally to Union and foreign operators, while ensuring high level of environmental protection. As the Regulation does not define a maximum share of sustainable aviation fuels in all aviation fuels, airlines and fuel suppliers may pursue more ambitious environmental policies with higher sustainable aviation fuels uptake and supply in their overall network of operations, while avoiding fuel tankering.deleted
2022/03/14
Committee: TRAN
Amendment 165 #

2021/0205(COD)

Proposal for a regulation
Recital 24
(24) Aircraft operators should also be required to report yearly on their actual aviation fuel uplift per Union airport, so as to prove that no fuel tankering was performed. Reports should be verified by independent verifiers and transmitted to the Agency for monitoring and assessment of compliance. Verifiers should determine the accuracy of the yearly aviation fuel required reported by the operators using a tool approved by the Commission.deleted
2022/03/14
Committee: TRAN
Amendment 181 #

2021/0205(COD)

Proposal for a regulation
Recital 31
(31) A transitional period of 5 years should be provided to allow for a reasonable amount of time for aviation fuel suppliers, Union airports and aircraft operators to make the necessary technological and logistical investments or book and claim accounting system (whichever comes first). During this phase, aviation fuel containing higher shares of sustainable aviation fuel may be used to compensate for lower shares of sustainable aviation fuels or for the reduced availability of conventional aviation fuel at other airports.
2022/03/14
Committee: TRAN
Amendment 208 #

2021/0205(COD)

Proposal for a regulation
Article 3 – paragraph 1 – indent 5
— ‘sustainable aviation fuels’ (‘SAF’) means drop-in aviation fuels that are either synthetic aviation fuels, advanced biofuels as defined in Article 2, second paragraph, point 34 of Directive (EU) 2018/2001, or biofuels produced from the feedstock listed in Part B of Annex IX to that Directive, or - for a transition period - biofules produced from food and feed crops as defined in Article 2, second paragraph, point 40 of Directive (EU) 2018/2001, which comply with the sustainability and greenhouse gas emissions criteria laid down in Article 29(2) to (7) of that Directive and are certified in accordance with Article 30 of this Directive, or hydrogen (from renewable electricity or from waste or form biomethane) or electricity;
2022/03/14
Committee: TRAN
Amendment 239 #

2021/0205(COD)

Proposal for a regulation
Article 3 – paragraph 1 – indent 13
— ‘yearly aviation fuel required’ means the amount of aviation fuel defined as ‘trip fuel’ and ‘taxi fuel’ under Commission Implementing Regulation 2021/1296 that necessary to operate the totality of commercial air transport flights operated by an aircraft operator, departing from a givenll Union airports, over the course of a reporting period;
2022/03/14
Committee: TRAN
Amendment 283 #

2021/0205(COD)

Proposal for a regulation
Article 5 – paragraph 1
The yearly quantity of aviation fuel uplifted by a given aircraft operator at a given Union airports shall be at least 90% of the yearly aviation fuel required. The obligation to refuel aircraft does not reffer to intra-EU flights, provided that SAF fuels are available at the departure airport.
2022/03/14
Committee: TRAN
Amendment 296 #

2021/0205(COD)

Proposal for a regulation
Article 6
Obligations of Union airports to provide Union airports shall take necessary measures to facilitate the access of aircraft operators to aviation fuels containing shares of sustainable aviation fuels in accordance with Annex I and, shall provide the infrastructure necessary for the delivery, storage and uplifting of such fuels. Where aircraft operators report difficulties to the European Union Aviation Safety Agency (‘the Agency’) in accessing aviation fuels containing sustainable aviation fuels at a given Union airport for lack of adequate airport infrastructure, the Agency may request the Union airport to provide the information necessary to prove compliance with paragraph 1. The Union airport concerned shall provide the information without undue delay. The Agency shall assess the information received and inform the Commission if such information allows to conclude that the Union airport does not fulfil its obligations. Union airports shall take the necessary measures to identify and address the lack of adequate airport infrastructure in 5 years after the entry into force of the Regulation or after the year when they exceed one of the thresholds in Article 3(a).Article 6 deleted the infrastructure
2022/03/14
Committee: TRAN
Amendment 339 #

2021/0205(COD)

Proposal for a regulation
Article 7 – paragraph 1 – introductory part
By 31 March of each reporting year, aircraft operators shall report the following information to the competent authorites and the Agency:
2022/03/14
Committee: TRAN
Amendment 345 #

2021/0205(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point d
(d) The total amount of sustainable aviation fuel purchased from aviation fuel suppliers, for the purpose of operating their commercial air transport flights departing from Union airports, expressed in tonnes.
2022/03/14
Committee: TRAN
Amendment 347 #

2021/0205(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point e
(e) For each purchase of sustainable aviation fuel, the name of the aviation fuel supplier, the amount purchased expressed in tonnes, the conversion technology, the characteristics and origin of the feedstock used for production, and the lifecycle emissions of the sustainable aviation fuel. Where one purchase includes sustainable aviation fuels with differing characteristics, the report shall provide this information for each type of sustainable aviation fuel.deleted
2022/03/14
Committee: TRAN
Amendment 380 #

2021/0205(COD)

(2) Member States shall ensure that any aircraft operator failing to comply with the obligations laid down in Article 5 is liable to an administrative fine. That fine shall be at least twice as high as the multiplication of the yearly average price of aviation fuel per tonne and of the total yearly non-tanked quantity;
2022/03/14
Committee: TRAN
Amendment 385 #

2021/0205(COD)

Proposal for a regulation
Article 11 – paragraph 3
(3) Member States shall ensure that any aviation fuel supplier failing to comply with the obligations laid down in Article 4 relative to the minimum share of sustainable aviation fuels is liable to an administrative fine. That fine shall be at least twice as high as the multiplication of the difference between the yearly average price of conventional aviation fuel and sustainable aviation fuel per tonne and of the quantity of aviation fuels not complying wireflect the price of carbon emissions but shall not be higher than three times the the minimum share referred to in Article 4 and Annex In applicable price of an EU ETS allowance;
2022/03/14
Committee: TRAN
Amendment 389 #

2021/0205(COD)

Proposal for a regulation
Article 11 – paragraph 5
(5) In the decision imposing the administrative fines referred to in paragraphs 3 and 4, the competent authority shall explain the methodology applied for the determination of the price of aviation fuel, and sustainable aviation fuel and synthetic aviation fuel on the Union market, based on verifiable and objective criteria;
2022/03/14
Committee: TRAN
Amendment 404 #

2021/0205(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point c
(c) The state of the market, including price information, and trends in sustainable aviation fuel production and use in the Union;deleted
2022/03/14
Committee: TRAN
Amendment 417 #

2021/0205(COD)

Proposal for a regulation
Article 13 – paragraph 1
By way of derogation from Article 4, from 1 January 2025 until 31 December 2029 or until functional book and claim accounting system is implemented, whichever comes earlier, for each reporting period, an aviation fuel supplier may supply the minimum share of sustainable aviation fuel defined in Annex I as a weighted average over all the aviation fuel it supplied across Union airports for that reporting period. During a transitional period untill 2029, it is permitted to use biofuels produced from food and feed crops as defined in Article 2, second paragraph, point 40 of Directive (EU) 2018/2001.
2022/03/14
Committee: TRAN
Amendment 427 #

2021/0205(COD)

Proposal for a regulation
Article 14 – paragraph 1
By 1 January 20285 and every fivthree years thereafter, the Commission services shall present a report to the European Parliament and the Council, on the evolution of the aviation fuels market and its impact on the aviation internal market of the Union, including regarding the possible extension of the scope of this Regulation to other energy sources, and other types of synthetic fuels defined under the Renewable Energy Directive, the possible revision of the minimum shares in Article 4 and Annex I, and the level of administrative fines. The report shall include information, where available, on development of a potential policy framework for uptake of sustainable aviation fuels at ICAO level. The report shall also inform on technological advancements in the area of research and innovation in the aviation industry which are relevant to sustainable aviation fuels, including with regards to the reduction of non-CO2 emissions. The report may consider if this Regulation should be amended and, options for amendments, where appropriate, in line with a potential policy framework on sustainable aviation fuels uptake at ICAO level.
2022/03/14
Committee: TRAN
Amendment 440 #

2021/0205(COD)

Proposal for a regulation
Annex I – point a
(a) From 1 January 2025, a minimum share of 2% of SAF;deleted
2022/03/14
Committee: TRAN
Amendment 450 #

2021/0205(COD)

Proposal for a regulation
Annex I – point b
(b) From 1 January 2030, a minimum share of 52% of SAF, of which a minimum share of 0.7% of synthetic aviation fuels;
2022/03/14
Committee: TRAN
Amendment 459 #

2021/0205(COD)

Proposal for a regulation
Annex I – point c
(c) From 1 January 2035, a minimum share of 205% of SAF, of which a minimum share of 52% of synthetic aviation fuels;
2022/03/14
Committee: TRAN
Amendment 463 #

2021/0205(COD)

Proposal for a regulation
Annex I – point d
(d) From 1 January 2040, a minimum share of 320% of SAF, of which a minimum share of 8% of synthetic aviation fuels;
2022/03/14
Committee: TRAN
Amendment 173 #

2021/0170(COD)

Proposal for a regulation
Recital 8
(8) Whilst some of the provisions such as those concerning most of the obligations of economic operators should not apply to products covered by Union harmonisation legislation since already covered in such legislation, a certain number of other provisions should apply in order to complement Union harmonisation legislation. In particular the general product safety requirement and related provisions should be applicable to consumer products covered by Union harmonisation legislation when certain types of risks are not covered by that legislation. The provisions of this Regulation concerning the obligations of online marketplaces, the obligations of economic operators in case of accidents, the right of information for consumers as well as the recalls of consumer products should apply to products covered by Union harmonisation legislation whento the extent that there are not specific provisions with the same objective in such legislation. Likewise RAPEX is already used for the purposes of Union harmonisation legislation, as referred to in Article 20 of Regulation (EU) 2019/1020 of the European Parliament and of the Council25 , therefore the provisions regulating the Safety Gate and its functioning contained in this Regulation should be applicable to Union harmonisation legislation. __________________ 25 Regulation (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).
2022/01/19
Committee: IMCO
Amendment 175 #

2021/0170(COD)

Proposal for a regulation
Recital 10
(10) The precautionary principle is a fundamental principle for ensuring the safety of products and consumerrisk-based approach is a proportionate way to ensure a high level of safety of products and consumers, while guaranteeing that efforts are focused on the products possessing realistic hazards and should therefore be taken into due account by all relevant actors when applying this Regulation.
2022/01/19
Committee: IMCO
Amendment 178 #

2021/0170(COD)

Proposal for a regulation
Recital 11
(11) Considering also the broad scope given to the concept of health26 , the environmental risk posed by a product should be taken into consideration in the application of this Regulation inasmuch as it can also ultimatelyto the extent that it can reasonably be expected to result in a risk to the health and safety of consumers. __________________ 26 European Environment Agency, ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’, EEA report No 21/2019, 8 September 2020.
2022/01/19
Committee: IMCO
Amendment 192 #

2021/0170(COD)

Proposal for a regulation
Recital 21
(21) The World Health Organisation defines ‘health’ as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. This definition supports the fact that the development of new technologies might bring new health risks to consumers, such as psychological risk, development risks, in particular for children, mental risks, depression, loss of sleep, or altered brain function.deleted
2022/01/19
Committee: IMCO
Amendment 196 #

2021/0170(COD)

Proposal for a regulation
Recital 22
(22) Specific cybersecurity risks affecting the safety of consumers as well as protocols and certifications can be dealt with by sectorial legislation. However, it should be ensured, in case of gaps inProducts which are complaint with [Regulation (EU) No 2022/30], or other Union legal acts applicable to the product in question, should be considered as being in compliance with this Regulation in regard to the cybersecurity requirements. However, it should be ensured that, in exceptional cases where the sectorial legislation, that cannot be applied, the relevant economic operators and national authorities take into consideration risks linked to new technologies, respectively when designing the products and assessing them, in order to ensure that changes introduced in the product do not jeopardise its safety.
2022/01/19
Committee: IMCO
Amendment 197 #

2021/0170(COD)

Proposal for a regulation
Recital 23
(23) The safety of products should be assessed taking into account all the relevant aspects, notably their characteristics and presentation as well asthe characteristics of the product, including its composition, packaging, instructions, taking into account the nature of the product, for assembly, maintenance or commissioning; product appearance, labelling; warnings and instructions for its use and any other information made available to the consumer with regard to the product. Furthermore, the specific needs and risks for categories of consumers who are likely to use the products, in particular children, older persons and persons with disabilities. Therefore, if specific information is necessary to make products safe toward a given category of persons, the assessment of the safety of the products should take into consideration also the presence of this information and its accessibility. The safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan.
2022/01/19
Committee: IMCO
Amendment 233 #

2021/0170(COD)

Proposal for a regulation
Recital 36
(36) Product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. Consumers should also be protected against dangerous products in the same way in the offline and online sales channels, including when purchasing products on online marketplaces. Building on the provisions of Regulation (EU) …/…[the Digital Services Act]concerning the traceability of traders, online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this Regulation. SWhere applicable, such information should be displayed together with the product listing so that consumers can benefit from the same information made available online and offline. Marketplaces should be allowed a degree of flexibility concerning listings such as custom or craft products. Similarly, microenterprises or one-person businesses should be exempted from certain obligations, in order to avoid unnecessary side-effects such as disclosure of personal information. However, the online marketplace should not be responsible for verifying the completeness, correctness and the accuracy of the information itself, as the obligation to ensure the traceability of products remains with the trader.
2022/01/19
Committee: IMCO
Amendment 236 #

2021/0170(COD)

Proposal for a regulation
Recital 37
(37) It is also important that online marketplaces closely cooperate with the market surveillance authorities, law enforcement authorities and with relevant economic operators on the safety of products. For example marketplaces could elevate their online interface to redirect consumers to valuable information on recalls, listed by relevant market surveillance authorites. An obligation of cooperation with market surveillance authorities is imposed on information society service providers under Article 7(2) of Regulation (EU) 2019/1020 in relation to products covered by that Regulation and should therefore be extended to all consumer products. For instance, market surveillance authorities are constantly improving the technological tools they use for the online market surveillance to identify dangerous products sold online. For these tools to be operational, online marketplaces should grant access to their interfaces. Moreover, for the purpose of product safety, market surveillance authorities may also need to scrape data from the online marketplaces.
2022/01/19
Committee: IMCO
Amendment 301 #

2021/0170(COD)

Proposal for a regulation
Article 2 – paragraph 5
5. This Regulation shall be applied taking due account of the precautionary principlerisk-based approach.
2022/01/19
Committee: IMCO
Amendment 307 #

2021/0170(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
1. ‘product’ means any item, interconnected or not to other items, supplied or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can, under reasonably foreseeable conditions, be used by consumers even if not intended for them;
2022/01/19
Committee: IMCO
Amendment 315 #

2021/0170(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 2
2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use or misuse, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of consumers;
2022/01/19
Committee: IMCO
Amendment 317 #

2021/0170(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
3 a. 'high-risk product' means the products/product categories listed in Annex [ ];
2022/01/19
Committee: IMCO
Amendment 318 #

2021/0170(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 5 a (new)
5 a. 'accident' means a sudden event or incident that occurs as a result of using a product and resulting in death or injury requiring medical treatment, such as cuts, poisoning and burns;
2022/01/19
Committee: IMCO
Amendment 328 #

2021/0170(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 14
14. ‘online marketplace’ means a provider of an intermediary service using software, including a website, part of a website or an application, operated by or on behalf of a trader, which allows consumers to conclude distance contracts with other traders or consumtraders for the sale of products covered by this Regulation;
2022/01/19
Committee: IMCO
Amendment 333 #

2021/0170(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 23
23. ‘recall’ means any measure aimed at achieving the return of a dangerous product that has already been made available to the consumer;
2022/01/19
Committee: IMCO
Amendment 335 #

2021/0170(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)
(a a) existing conventional law,
2022/01/19
Committee: IMCO
Amendment 342 #

2021/0170(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) if it conforms to relevant European standards or parts thereof as far as the risks and risk categories covered are concerned, the references of which have been published in the Official Journal of the European Union in accordance with Article 10(76) of Regulation (EU) 1025/2012;
2022/01/19
Committee: IMCO
Amendment 344 #

2021/0170(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) in the absence of European standards referred to in point (a), as regards the risks covered by health and safety requirements laid down in the law of the Member State where the product is made available on the market, if it conforms to such national requirements and complies fully with Regulation (EU) 2019/515.
2022/01/19
Committee: IMCO
Amendment 346 #

2021/0170(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. The Commission shallmay adopt implementing acts determining the specific safety requirements necessary to ensure that products which conform to the European standards satisfy the general safety requirement laid down the general safety requirement laid down in Article 5 where the following conditions have been fulfilled: (a) no reference to harmonised standards covering the relevant essential health and safety requirement is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012; and (b) the Commission has justified the reason for not publishing in the Official Journal any European standard , vis-a-vis the Committee of Standards referred to in Article 22 of Regulation (EU) No 1025/2012 and that Committee has endorsed the justification applying Article 5 of Regulation (EU) No 182/2011. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).
2022/01/19
Committee: IMCO
Amendment 357 #

2021/0170(COD)

Proposal for a regulation
Article 7 – paragraph 1 – introductory part
1. Where the presumption of safety laid down in Article 56 does not apply, the following aspects shall be taken into account in particular when assessing whether a product is safe:
2022/01/19
Committee: IMCO
Amendment 362 #

2021/0170(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point c
(c) the effect that other products might have on the product to be assessed, including the effect of non-embedded items that are meant to determine, change or complete the way another product falling under the scope of this Regulation works, which have to be taken into consideration in assessing the safety of that other productwhen the interaction of those other products are reasonably foreseeable;
2022/01/19
Committee: IMCO
Amendment 374 #

2021/0170(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point h
(h) when required by the nature of product, the appropriate cybersecurity features necessary to protect the product against unplanned external influences, including malicious third parties, when such an influence might have an impact on the safety of the product or measures to mitigate the impact on safety to an acceptable level;
2022/01/19
Committee: IMCO
Amendment 379 #

2021/0170(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point i
(i) the evolving, learning and predictive functionalities of a product. when such an influence has an impact on the safety of the product;
2022/01/19
Committee: IMCO
Amendment 389 #

2021/0170(COD)

Proposal for a regulation
Article 7 – paragraph 3 a (new)
3 a. By … [6 months after the date of entry into force of this Regulation] the Commission shall publish guidelines with regard to the extended WHO definition of 'health' and how it will impact the assessment provided for in this Article, including sample cases and relevant information for stakeholders.
2022/01/19
Committee: IMCO
Amendment 404 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address or dedicated section of their website, allowing the consumers to file complaints and to inform them manufacturer of any accident or safety issue they have experienced with the product.
2022/01/19
Committee: IMCO
Amendment 407 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Personal data stored in the regisBy … [6 months after the dater of complaints shall only be those personal data that are necessary for the manufacturer to entry into force of this Regulation] the Commission shall publish guidelinvestigate the complaint about an alleged dangerous product. Such data shall only be kept as long as it is necessary for the purpose of investigation and no l with regard to the relationship between this Regulation and Regulation (EU) 2016/679, especially on the retention policy congcer than five years after they have been encodedning personal data stored in the register of complaints.
2022/01/19
Committee: IMCO
Amendment 414 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. Manufacturers shall keep distributors, importers and online marketplaces in the concerned downstream supply chain informed of any relevant safety issue that they have identified.
2022/01/19
Committee: IMCO
Amendment 431 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 7
7. Manufacturers shall indicate their name, registered trade name or registered trade mark, the website and the postal and electronic address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. The address shall indicate a single contact point at which the manufacturer can be contacted. The Commission is empowered to adopt delegated act in accordance with Article 41 to amend this Regulation by adjusting the list set out in the first subparagraph of this paragraph appropriately to market trends and wide adoption of certain technologies, such as QR code.
2022/01/19
Committee: IMCO
Amendment 436 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 8
8. Manufacturers shall ensure that their product is accompanied by instructions and safety information in a language which can be easily understood by consumers, as determined by the Member State in which the product is made available. This requirement shall not apply where the product can be used safely and as intended by the manufacturer without such instructions and safety information. The instructions may be provided in a digital format unless otherwise requested by consumers at the time of purchase of the product. Consumers shall be informed about the opportunity to obtain non- digital instructions and safety information prior to the transaction.
2022/01/19
Committee: IMCO
Amendment 447 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 10
10. Manufacturers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe, shall immediately take the corrective measures necessary to bring the product into conformity, including a withdrawal or recall, understood also as ceasing of functioning or of utilising the product, as appropriate.
2022/01/19
Committee: IMCO
Amendment 451 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 11
11. Manufacturers shall, via the Safety Business Gateway referred to in Article 25, immediately alert consumers of the risk to their health and safety presented by a product they manufacture and immediately inform the market surveillance authorities of the Member States in which the product hasWhere a corrective measure has been taken by a market surveillance authority or where a manufacturer is to act on its own initiative after discovering a relevant risk, consumers shall be notified of the risk to their health and safety presented by a product to that effect, giving details, in particular, of the risk to health and safety of the consumer and of any corrective measure already taken. Relevant market surveillance authority shall be notified about the approximate number of products in question, left on the market. The notification shall been made available to that effect, giving details,via the Safety Portal referred to in paArticular, of the risk to health and safety of consumers and of any corrective measure already takenle 32 or the Safety Business Gateway referred to in Article 25, respectively, or where appropriate via tools provided for in paragraph 2 of this Article.
2022/01/19
Committee: IMCO
Amendment 455 #

2021/0170(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. A manufacturer may, by a written mandate, appoint an authorised representative. A copy of the mandate shall be made available to the relevant market surveillance authorities.
2022/01/19
Committee: IMCO
Amendment 489 #

2021/0170(COD)

Proposal for a regulation
Article 10 – paragraph 8
8. Importers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe shall immediately inform the manufacturer and relevant market surveillance authorities, including information about the approximate number of products in question, left on the market, and ensure that the corrective measures necessary to bring the product into conformity are adopted including withdrawal or recall, as appropriate. In case such measures have not been adopted, the importer shall adopt them. Importers shall ensure that, through the Safety Business Gateway referred to in Article 25, consumers are immediately and effectively alerted of the risk where applicable and that market surveillance authorities of the Member States in which they made the product available to that effect be immediately informed, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken.
2022/01/19
Committee: IMCO
Amendment 502 #

2021/0170(COD)

Proposal for a regulation
Article 11 a (new)
Article 11 a Single notification for supply chain The notification obligation referred to in Article 8(11), Article 10(8) and Article 11(3) and (4) of this Regulation, shall be considered sufficient if submitted by a single entity from the relevant supply chain in order to avoid duplication of notifications.
2022/01/19
Committee: IMCO
Amendment 503 #

2021/0170(COD)

Proposal for a regulation
Article 12 – title
Cases in which obligSubstantial modifications of manufacturers apply to other economic operatorsthe product
2022/01/19
Committee: IMCO
Amendment 504 #

2021/0170(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point c
(c) the changes have not been made by the consumer for their own use. or are performed upon specific request by the consumer in order to customise the product;
2022/01/19
Committee: IMCO
Amendment 511 #

2021/0170(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. Economic operators shall ensure that the corrective measure undertaken is effective in eliminating or mitigating the risks. Market surveillance authorities may request the economic operators to submit regular progress reports where required by the magnitude of the risk or inefficient corrective actions by the economic operator, and decide whether or when the corrective measure can be considered completed.
2022/01/19
Committee: IMCO
Amendment 514 #

2021/0170(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. For the products, categories or groups of products covered by a delegated act referred to in paragraph 2b of this Article, Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 shall also apply to products covered by this Regulationhigh-risk products. For the purposes of this Regulation, references to “Union harmonisation legislation” in Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 shall be read as “Regulation […]”.
2022/01/19
Committee: IMCO
Amendment 525 #

2021/0170(COD)

Proposal for a regulation
Article 15 – paragraph 2 a (new)
2 a. When the products referred to in paragraph 1 of this Article which are made available on the market have been subject to a Commission decision adopted under Article 26(1) of this Regulation, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall carry out, at least once a year, for the entire duration of the decision, representative sample testing of such products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated.
2022/01/19
Committee: IMCO
Amendment 526 #

2021/0170(COD)

Proposal for a regulation
Article 15 – paragraph 2 b (new)
2 b. The Commission is empowered to adopt delegated acts in accordance with Article 41 to supplement this Regulation by determining the products, categories or groups of products for which an obligation referred to in paragraph 1 of this Article is to apply. When adopting those delegated acts, the Commission shall take into account the potential risk to the health and safety of consumers caused by the products concerned, based on the information from Safety gate, consultations with the Member States authorities and other relevant evidence.
2022/01/19
Committee: IMCO
Amendment 527 #

2021/0170(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. The name, registered trade name or registered trade mark, website and contact details, including the postal and electronic address, of the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall be indicated on the product or on its packaging, the parcel or an accompanying document. The Commission is empowered to adopt delegated act in accordance with Article 41 to amend this Regulation by adjusting the list set out in the first subparagraph of this paragraph appropriately to market trends and wide adoption of certain technologies, such as QR code.
2022/01/19
Committee: IMCO
Amendment 529 #

2021/0170(COD)

Proposal for a regulation
Article 15 – paragraph 3 a (new)
3 a. The obligations referred to in Article 8(7) and Article 10(3) may not apply where the name and address of the economic operator referred to in Article 4(1) or Regulation (EU) 2019/1020 are indicated in accordance with the requirements of this Regulation.
2022/01/19
Committee: IMCO
Amendment 531 #

2021/0170(COD)

Proposal for a regulation
Article 16 – paragraph 1
Member States shall put in place procedures for providing economic operators, at their request and free of charge, with information with respect to the implementation of this Regulationnational transposition and implementation of Union harmonisation legislation applicable to products. For this purpose, Article 9(1), (4) and (5) of Regulation (EU) 2019/515 shall apply.
2022/01/19
Committee: IMCO
Amendment 541 #

2021/0170(COD)

Proposal for a regulation
Article 17 – paragraph 3 – point c
(c) the modalities to display and to access data, including placement of a data carrier on the product, its packaging or accompanying documents as referred to in paragraph 2.deleted
2022/01/19
Committee: IMCO
Amendment 543 #

2021/0170(COD)

Proposal for a regulation
Article 17 – paragraph 3 a (new)
3 a. When preparing the delegated acts referred to in paragraph 3, the Commission shall continue consultations with the stakeholders and Member States, organised via existing or ad hoc expert groups, and shall take due account of the recommendations;
2022/01/19
Committee: IMCO
Amendment 547 #

2021/0170(COD)

Proposal for a regulation
Article 18 – paragraph 1 – point c
(c) pictures and other information to identify the product, including its type and, when available, batch or serial number and any oand any other product identifier that allows ther product type to be identifierd;
2022/01/19
Committee: IMCO
Amendment 555 #

2021/0170(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. The manufacturer shall ensure that, through the Safety Business Gateway referred to in Article 25, an accident demonstrably caused by a product placed or made available on the market is notified, within two working days from the moment it knows about the accident, to the competent authorities of the Member State where the accident has occurred. The notification shall include the type and identification number of the product as well as the circumstances of the accident, if known. The manufacturer shall notify, upon request, to the competent authorities any other relevant information.
2022/01/19
Committee: IMCO
Amendment 582 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 3
3. Online marketplaces shall take into account regular information on dangerous products notified by the market surveillance authorities in line with Article 24, received via the Safety Gate portal, for the purpose of applying their voluntary measures aimed at detecting, identifying, removing or disabling access to the illegal content referring to dangerous products offered on their marketplace, where applicable. They shall inform the authority that made the notification to the Safety Gate of any action taken by using the contacts of the market surveillance authority published in the Safety Gate. For those purposes, the market surveillance authority shall allow communication by email or other digital automated system, and to that end shall publish necessary information for that purpose on the Safety Gate.
2022/01/19
Committee: IMCO
Amendment 595 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 5 – introductory part
5. For the purpose of the requirements of Article 22(7) of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC, online marketplaces shall design and organise their online interface in a way that enables traders, where applicable, to provide the following information for each product offered and ensures that it is displayed or otherwise made easily accessible by consumers on the product listing:
2022/01/19
Committee: IMCO
Amendment 601 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 5 – point c
(c) information to identify the product, including its type and, when available, batch or serial number and an any other product identifier necessary to identify other product identifiertype;
2022/01/19
Committee: IMCO
Amendment 613 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 6 – point a
(a) cooperatinge with market surveillance authorities and with relevant economic operators to ensure effective product recalls, including by abstaining from putting obstacles to product recalls and informing consumers thereof;
2022/01/19
Committee: IMCO
Amendment 616 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 6 – point a a (new)
(a a) inform traders and market surveillance authorities about the information communicated by consumers on accidents or safety issues with regard to the product offered for sale online by those traders through their services;
2022/01/19
Committee: IMCO
Amendment 619 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 6 – point d
(d) subject to paragraph 6a, allowing access to their interfaces for the online tools operaApplication Programming Interfaces (APIs) for the sending of functions calls via those APIs to facilitate a reasoned requested by market surveillance authorities to identify dangerous products;
2022/01/19
Committee: IMCO
Amendment 623 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 6 – point e
(e) uponsubject to paragraph 6a, upon a precise data request of the market surveillance authorities concerning individual or linked cases, when online marketplaces or online sellers have put in place technical obstacles to the extraction of data from their online interfaces (data scraping), allowing to scrape the scraping of such data for product safety purposes based on the identification parameters provided by the requesting market surveillance authorities.
2022/01/19
Committee: IMCO
Amendment 627 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 6 a (new)
6 a. Any access provided for in Article 6, points (d) and (e), shall be granted based on the agreement between the platform and the authority and ensure proportionality of data provided, compliance with GDPR and other relevant legislation, security of data transmission and protection of trade secrets.
2022/01/19
Committee: IMCO
Amendment 637 #

2021/0170(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. Articles 10 to 16, Articles 18 and 19 and Articles 21 to 24 of Regulation (EU) 2019/1020 shall apply to products covered by this Regulation. When the competent authorities of the Member States take measures provided for in art. 11, 16 and 20 or Regulation (EU) 2019/1020, they shall act in accordance with the Treaty, and in particular Articles 28 and 30 thereof, in such a way as to implement the measures in a manner proportional to the seriousness of the risk, and taking due account of the precautionary principle.
2022/01/19
Committee: IMCO
Amendment 666 #

2021/0170(COD)

Proposal for a regulation
Article 25 a (new)
Article 25 a Development of Information and Communication Systems 1. The Commission shall adopt a biennial work programme, specifying priorities and objectives for maintenance, development and introducing new functionalities of Information and Communications systems referred to in Article 20(5) of Regulation (EU) 2019/1020 and Articles 23, 25 and 32 of this Regulation, for the purpose of this Regulation and giving particular attention to: (a) introduction of fully digital, automated and secure exchange of information between relevant Member State authorities and market participants; (b) adoption of the systems, proposed timelines, budget and number of dedicated staff to execute the tasks envisaged. 2. No later than three months after finalisation of the work programme, the Commission shall draw up a report mapping out conclusions and summarising the effects of that work programme. If necessary, that report shall specify the reasons that did not allow specific objectives to be achieved.
2022/01/19
Committee: IMCO
Amendment 670 #

2021/0170(COD)

Proposal for a regulation
Article 26 – paragraph 1 – introductory part
1. If the Commission becomes aware of a new type of product, or a specific category or group of products presenting a serious risk to the health and safety of consumers, after consulting and taking due account of the opinion of Member States' authorities, it may take any appropriate measures, either on its own initiative or upon request of Member States, by means of implementing acts, adapted to the gravity and urgency of the situation if, at one and the same time:
2022/01/19
Committee: IMCO
Amendment 682 #

2021/0170(COD)

Proposal for a regulation
Article 27 – paragraph 1
1. Products that have been deemed dangerous on the basis of a decision of a market surveillance authority in one Member State shall be presumed dangerous by market surveillance authorities in other Member States unless the risks identified by the Member State concerned do not apply in other Member States.
2022/01/19
Committee: IMCO
Amendment 709 #

2021/0170(COD)

Proposal for a regulation
Article 31 – paragraph 1
1. Information available to the authorities of the Member States or to the Commission relating to measures on products presenting relevant risks to consumer health and safety shall in general be made available to the public, in accordance with the requirements of transparency and without prejudice to the restrictions required for monitoring and investigation activities. In particular, the public shall have access to information on product identification, the nature of the risk and the measures taken. This information shall be provided in accessible formats for persons with disabilities.
2022/01/19
Committee: IMCO
Amendment 725 #

2021/0170(COD)

Proposal for a regulation
Article 33 – paragraph 1
1. In case of a recall or where certain information has to be brought to the attention of consumers to ensure the safe use of a product (‘safety warning’), economic operators, in accordance with their respective obligations as provided for in Articles 8, 9, 10 and 11, shall directly notify all affected consumers that they can identify. Economic operators who collect their customers’ personal data shall be allowed to make use of this information for recalls and safety warnings.
2022/01/19
Committee: IMCO
Amendment 730 #

2021/0170(COD)

Proposal for a regulation
Article 33 – paragraph 2
2. Where economic operators have product registration systems or customer loyalty programs in place for purposes other than contacting their customers with safety information, they shallmay offer the possibility to their customers to provide separate contact details only for safety purposes. The personal data collected for that purpose shall be limited to the necessary minimum and may only be used to contact consumers in case of a recall or safety warning.
2022/01/19
Committee: IMCO
Amendment 737 #

2021/0170(COD)

Proposal for a regulation
Article 34 – paragraph 2 – point d
(d) clear description of the action consumers should take, including an instruction to immediately stop using the recalled product or an alternative equally effective measure that ensures the safety of the consumer and the product;
2022/01/19
Committee: IMCO
Amendment 741 #

2021/0170(COD)

Proposal for a regulation
Article 35 – paragraph 1 – introductory part
1. Without prejudice to Directive (EU) 2019/771, in the case of a recall, the economic operator responsible for the recall shall offer to the consumer an effective, cost-free and timely remedy. That remedy shall consist ofe consumer shall be given the opportunity to choose from at least onetwo of the following options:
2022/01/19
Committee: IMCO
Amendment 742 #

2021/0170(COD)

Proposal for a regulation
Article 35 – paragraph 1 – introductory part
1. Without prejudice to Directive (EU) 2019/771 and Directive (EU) 85/374/EEC, in the case of a recall, the economic operator responsible for the recall shall offer to the consumer an effective, cost-free and timely remedy. That remedy shall consist of at least one of the following:
2022/01/19
Committee: IMCO
Amendment 743 #

2021/0170(COD)

Proposal for a regulation
Article 35 – paragraph 1 – introductory part
1. Without prejudice to Directive (EU) 2019/771, in the case of a recall, the economic operator responsible for the recall shall offer to the consumer an effective, cost-free and timely remedy. That remedy shall consist of at least one of the following:
2022/01/19
Committee: IMCO
Amendment 745 #

2021/0170(COD)

Proposal for a regulation
Article 35 – paragraph 1 – point a
(a) cost-free repair of the recalled product;
2022/01/19
Committee: IMCO
Amendment 746 #

2021/0170(COD)

Proposal for a regulation
Article 35 – paragraph 1 – point b
(b) cost-free replacement of the recalled product with a safe one of the same type and at least the same value and quality;
2022/01/19
Committee: IMCO
Amendment 747 #

2021/0170(COD)

Proposal for a regulation
Article 35 – paragraph 1 – point c
(c) refund of the value of the purchase price at the time of acquiring of the recalled product.
2022/01/19
Committee: IMCO
Amendment 766 #

2021/0170(COD)

Proposal for a regulation
Article 40 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive and assessed case-by-case. Member States shall, by [insert date - 312 months after to the date of entry into force of this Regulation], notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
2022/01/19
Committee: IMCO
Amendment 767 #

2021/0170(COD)

Proposal for a regulation
Article 40 – paragraph 2 – point e
(e) where appropriate, the intentional or negligent character of the infringement;deleted
2022/01/19
Committee: IMCO
Amendment 770 #

2021/0170(COD)

Proposal for a regulation
Article 40 – paragraph 3 – point i
(i) falsifydamaging test resultssamples or obstructing sample testing.
2022/01/19
Committee: IMCO
Amendment 774 #

2021/0170(COD)

Proposal for a regulation
Article 40 – paragraph 5 – introductory part
5. Member States may also impose periodic penalty payments to compel economic operators or online marketplaces, where applicable:
2022/01/19
Committee: IMCO
Amendment 776 #

2021/0170(COD)

Proposal for a regulation
Article 40 – paragraph 6
6. By 31 March of each year, Member States shall inform the Commission ofThe Commission shall collect relevant data entered by Member States' authorities from Safety Gate about the type and the size of the penalties imposed under this Regulation, identify the actual infringements of this Regulation, and indicate and consolidate information regarding the identity of economic operators or online marketplaces upon which penalties have been imposed.
2022/01/19
Committee: IMCO
Amendment 779 #

2021/0170(COD)

Proposal for a regulation
Article 41 – paragraph 2
2. The power to adopt delegated acts referred to in Article 8(7), Article 15(3) and Article 17(3) shall be conferred on the Commission for an indeterminate period of time from [insert date - the date of entry into force of this Regulation].
2022/01/19
Committee: IMCO
Amendment 780 #

2021/0170(COD)

Proposal for a regulation
Article 41 – paragraph 6
6. A delegated act adopted pursuant to Article 17(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of twohree months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period may be extended by two months at the initiative of the European Parliament or of the Council.
2022/01/19
Committee: IMCO
Amendment 785 #

2021/0170(COD)

Proposal for a regulation
Article 47 – paragraph 2
It shall apply from [624 months after the entry into force of this Regulation].
2022/01/19
Committee: IMCO
Amendment 97 #

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. In view of the risks that they may pose, both types of remote biometric identification systems should be subject to specific requirements on logging capabilities and, when appropriate and justified by a proven added value to the protection of health, safety and fundamental rights, human oversight.
2022/05/04
Committee: TRAN
Amendment 98 #

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, air and railway traffic and the supply of water, gas, heating and electricity, 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.
2022/05/04
Committee: TRAN
Amendment 106 #

2021/0106(COD)

Proposal for a regulation
Recital 48
(48) High-risk AI systems should be designed and developed in such a way that natural persons canmay, when appropriate, oversee their functioning. For this purpose, when it brings a proven added value to the protection of health, safety and fundamental rights, appropriate human oversight measures should be identified by the provider of the system before its placing on the market or putting into service. In particular, where appropriate, such measures should guarantee that the system is subject to in- built operational constraints that cannot be overridden by the system itself and is responsive to the human operator, and that the natural persons to whom human oversight has been assigned have the necessary competence, training and authority to carry out that role.
2022/05/04
Committee: TRAN
Amendment 107 #

2021/0106(COD)

Proposal for a regulation
Recital 51
(51) Cybersecurity plays a crucial role in ensuring that AI systems are resilient against attempts to alter their use, behaviour, performance or compromise their security properties by malicious third parties exploiting the system’s vulnerabilities. Cyberattacks against AI systems can leverage AI specific assets, such as training data sets (e.g. data poisoning) or trained models (e.g. adversarial attacks), or exploit vulnerabilities in the AI system’s digital assets or the underlying ICT infrastructure. To ensure a level of cybersecurity appropriate to the risks, suitable measures should therefore be taken by the providers of high-risk AI systems, as well as the notified bodies, competent national authorities and market surveillance authorities accessing the data of providers of high risk AI systems, also taking into account as appropriate the underlying ICT infrastructure.
2022/05/04
Committee: TRAN
Amendment 108 #

2021/0106(COD)

Proposal for a regulation
Recital 54
(54) The provider should establish a sound quality management system, ensure the accomplishment of the required conformity assessment procedure, draw up the relevant documentation in the language of the Member State concerned and establish a robust post-market monitoring system. All elements, from design to future development, must be transparent for the user. Public authorities which put into service high-risk AI systems for their own use may adopt and implement the rules for the quality management system as part of the quality management system adopted at a national or regional level, as appropriate, taking into account the specificities of the sector and the competences and organisation of the public authority in question.
2022/05/04
Committee: TRAN
Amendment 113 #

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-scale providers and users of AI systems are taken into particular account. To this objective, AI solutions and services designed to combat fraud and protect consumers against fraudulent activities should not be considered high risk, nor prohibited. As a matter of substantial public interest, it is vital that this Regulation does not undermine the incentive of the industry to create and roll out solutions designed to combat fraud across the European Union. Furthermore, 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 providers shall be taken into account when Nnotified Bbodies 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.
2022/05/04
Committee: TRAN
Amendment 119 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 3
3. This Regulation shall not apply to AI systems specially designed, modified, developed or used exclusively for military purposes.
2022/05/04
Committee: TRAN
Amendment 122 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 5 a (new)
5 a. This Regulation shall not apply to AI systems, including their output, specifically developed and put into service for the sole purpose of scientific research and development.
2022/05/04
Committee: TRAN
Amendment 126 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 5 b (new)
5 b. This Regulation shall not affect any research and development activity regarding AI systems in so far as such activity does not lead to or entail placing an AI system on the market or putting it into service.
2022/05/04
Committee: TRAN
Amendment 127 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that dis developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives, generate outputs such as contentplay intelligent behaviour by analysing their environment and taking actions – with some degree of autonomy – to achieve specific goals, which: (a) receives machine and/or human-based data and inputs; (b) infers how to achieve a given set of human-defined objectives using learning, reasoning or modelling implemented with the techniques and approaches listed in Annex I, and (c) generates outputs in the form of content (generative AI systems), predictions, recommendations, or decisions, which influencinge the environments ithey interacts with;
2022/05/04
Committee: TRAN
Amendment 133 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 4 a (new)
(4 a) 'End-user' means any natural person who, in the framework of employment, contract or agreement with the deployer, uses the AI system under the authority of the deployer;
2022/05/04
Committee: TRAN
Amendment 135 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 11
(11) ‘putting into service’ means the supply of an AI system for first use directly to the user or for own use on the Union marketthe end-user for its intended purpose;
2022/05/04
Committee: TRAN
Amendment 138 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 13
(13) ‘reasonably foreseeable misuse’ means the use of an AI system in a way that is not in accordance with its intended purposepurpose as indicated in instruction for use or technical specification, but which may result from reasonably foreseeable human behaviour or interaction with other systems;
2022/05/04
Committee: TRAN
Amendment 139 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 14
(14) ‘safety component of a product or system’ means a component of a product or of a system which fulfils a safety function for that product or system or the failure or malfunctioning of which endangers the health and safety of persons or property;
2022/05/04
Committee: TRAN
Amendment 141 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 36
(36) ‘remote biometric identification system’ means an AI system for the purpose of identifying natural persons at a physical distance through thea one-to-many’ comparison of awhere the persons biometric data with the biometric data contained in a reference database, and without prior knowledge of the user of the AI system whether the person will be present and can be identified ;identified do not claim to have a particular identity but where that identity is otherwise established – without the conscious cooperation of these persons or against their will – by matching live templates with templates stored in a template database
2022/05/04
Committee: TRAN
Amendment 146 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 44 a (new)
(44 a) 'critical infrastructure' means an asset, system or part thereof which is necessary for the delivery of a service that is essential for the maintenance of vital societal functions or economic activities within the meaning of Article 2(4) and (5) of Directive (…) on the resilience of critical entities;
2022/05/04
Committee: TRAN
Amendment 151 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order to materially distort a person’s behaviour in a manner that causes or is likelyintended to cause that person or another person physical or psychological harm;
2022/05/04
Committee: TRAN
Amendment 152 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c – point i
(i) preferential, detrimental or unfavourable treatment of certain natural persons or whole groups thereof in social contexts which are unrelated to the contexts in which the data was originally generated or collected;
2022/05/04
Committee: TRAN
Amendment 153 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c – point ii
(ii) preferential, detrimental or unfavourable treatment of certain natural persons or whole groups thereof that is unjustified or disproportionate to their social behaviour or its gravity;
2022/05/04
Committee: TRAN
Amendment 164 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) the AI system is intended to be used as amain safety component of a product, or is itself a product, covered by the Union harmonisation legislation listed in Annex II;
2022/05/04
Committee: TRAN
Amendment 167 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph 2 a (new)
2 a. The classification as high-risk as a consequence of Article 6(1) and 6(2) shall be disregarded for AI systems whose intended purpose demonstrates that the generated output is a recommendation requiring a human intervention to convert this recommendation into a decision and for AI systems, which do not lead to autonomous decisions or actions of the overall system.
2022/05/04
Committee: TRAN
Amendment 191 #

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 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, subject to terms, conditions as made available by the provider, and contractual and license restrictions. Those residual risks shall be communicated to the user.
2022/05/04
Committee: TRAN
Amendment 197 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – introductory part
2. Training, validation and testing data sets shall be subject to appropriate data governance and management practices. TWhere relevant to appropriate risk management measures, those practices shall concern in particular,
2022/05/04
Committee: TRAN
Amendment 198 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point e
(e) a priorn assessment of the availability, quantity and suitability of the data sets that are needed;
2022/05/04
Committee: TRAN
Amendment 199 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point f
(f) examination in view of possible biases, that are likely to affect health and safety of persons or lead to discrimination prohibited by Union law;
2022/05/04
Committee: TRAN
Amendment 200 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point g
(g) the identification of any possibleother data gaps or shortcomings that materially increase the risks of harm to the health, natural environment and safety or the fundamental rights of persons, and how those gaps and shortcomings can be addressed.
2022/05/04
Committee: TRAN
Amendment 201 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. Training, validation and testing data sets shall be relevant, sufficiently diverse to mitigate bias, and, to the best extent possible, representative, free of errors and complete. They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk AI system is intended to be used. These characteristics of the data sets may be met at the level of individual data sets or a combination thereof.
2022/05/04
Committee: TRAN
Amendment 205 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 4
4. Training, validation and testing data sets shall take into accountbe sufficiently diverse to accurately capture, to the extent required by the intended purpose, the characteristics or elements that are particular to the specific geographical, behavioural or functional setting within which the high- risk AI system is intended to be used.
2022/05/04
Committee: TRAN
Amendment 209 #

2021/0106(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. The logging capabilities shall ensure a level of traceability of the AI system’s functioning throughoutwhile the AI system is used within its lifecycle that is appropriate to the intended purpose of the system.
2022/05/04
Committee: TRAN
Amendment 210 #

2021/0106(COD)

Proposal for a regulation
Article 12 – paragraph 3 a (new)
3 a. For records constituting trade secrets as defined in Article 2 of Directive (EU) 2016/943, provider may elect to confidentially provide such trade secrets only to relevant public authorities to the extent necessary for such authorities to perform their obligations hereunder.
2022/05/04
Committee: TRAN
Amendment 211 #

2021/0106(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. High-risk AI systems shall be accompanied by instructions for use in an appropriate digital format or made otherwise available, that include concise, complete, correct and clear information that is reasonably relevant, accessible and comprehensible to users to assist them in operating and maintaining the AI system, taking into consideration the system’s intended purpose and the expected audience for the instructions.
2022/05/04
Committee: TRAN
Amendment 213 #

2021/0106(COD)

Proposal for a regulation
Article 13 – paragraph 3 – point b – introductory part
(b) the characteristics, capabilities and limitations of performance of the high-risk AI system, that are relevant to the material risks associated with the intended purpose, including where appropriate, including:
2022/05/04
Committee: TRAN
Amendment 214 #

2021/0106(COD)

Proposal for a regulation
Article 13 – paragraph 3 – point b – point ii
(ii) the level of accuracy, robustness and cybersecurity referred to in Article 15 against which the high-risk AI system has been tested and validated and which can be expected, and any known and reasonably foreseeable circumstances that may have ancould materially impact on that expected level of accuracy, robustness and cybersecurity;
2022/05/04
Committee: TRAN
Amendment 216 #

2021/0106(COD)

Proposal for a regulation
Article 13 – paragraph 3 – point e
(e) the expected lifetime of the high- risk AI system, the description of the procedure of withdrawing it from use and any necessary maintenance and care measures to ensure the proper functioning of that AI system, including as regards software updates.
2022/05/04
Committee: TRAN
Amendment 218 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. Human oversight shall aim at preventing or minimising the risks to health, safety or fundamental rights that may emerge when a high-risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, in particular when such risks persist notwithstanding the application of other requirements set out in this Chapter. Human oversight requirements shall only apply when appropriate, proportionate and justified by a proven added value to the protection of health, safety and fundamental rights, such justification residing in an improved accuracy measured in the outcomes and results delivered by high-risk AI systems.
2022/05/04
Committee: TRAN
Amendment 220 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 4 – introductory part
4. The measures referred to in paragraph 3 shall enable the individuals to whom human oversight is assigned to do the following, as appropriate and proportionate to the circumstances:
2022/05/04
Committee: TRAN
Amendment 224 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 4 – point a
(a) fully understand the capacities and limitations of the high-risk AI system and be able to duly monitor its operation, so that signs of anomalies, dysfunctions and unexpected performance can be detected and addressed as soon as possible;
2022/05/04
Committee: TRAN
Amendment 228 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. For high-risk AI systems referred to in point 1(a) of Annex III and for which human oversight is effectively justified by a proven end value to the protection of health, safety and fundamental rights, the measures referred to in paragraph 3 shall be such as to ensure that, in addition, no action or decision is taken by the user on the basis of the identification resulting from the system unless this has been separately verified and confirmed by at least two natural persons.
2022/05/04
Committee: TRAN
Amendment 229 #

2021/0106(COD)

Proposal for a regulation
Article 15 – paragraph 3 – introductory part
3. HProviders and deployers should take all appropriate and feasible technical and organizational measures to ensure that high-risk AI systems shall bare resilient as regards errors, faults or inconsistencies that may occur within the system or the environment in which the system operates, in particular due to their interaction with natural persons or other systems.
2022/05/04
Committee: TRAN
Amendment 230 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 1
1. Users of high-risk AI systems shall use such systemsshall bear sole responsibility in case of any use of the AI system that is not in accordance with the instructions of use accompanying the systems, pursuant to paragraphs 2 and 5.
2022/05/04
Committee: TRAN
Amendment 234 #

2021/0106(COD)

Proposal for a regulation
Article 33 – paragraph 2
2. Notified bodies shall satisfy the organisational, quality management, resources and process requirememinimum cybersecurity requirements set out for public administration entities identified as operators of essential services pursuants that are necessary to fulfil their tasks.o Directive (…) on measures for a high common level of cybersecurity across the Union, repealing Directive (EU) 2016/1148;
2022/05/04
Committee: TRAN
Amendment 235 #

2021/0106(COD)

Proposal for a regulation
Article 33 – paragraph 6
6. Notified bodies shall have documented procedures in place ensuring that their personnel, committees, subsidiaries, subcontractors and any associated body or personnel of external bodies respect the confidentiality of the information which comes into their possession during the performance of conformity assessment activities, except when disclosure is required by law. The staff of notified bodies shall be bound to observe professional secrecy with regard to all information obtained in carrying out their tasks under this Regulation, except in relation to the notifying authorities of the Member State in which their activities are carried out. Any information and documentation obtained by notified bodies pursuant to the provisions of this Article shall be treated in compliance with the confidentiality obligations set out in Article 70.
2022/05/04
Committee: TRAN
Amendment 244 #

2021/0106(COD)

Proposal for a regulation
Article 52 – paragraph 1
1. Providers shall ensure that AI systems intended to interact with natural persons are designed and developed in such a way that natural persons are informed that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use. This obligation shall not apply to AI systems authorised by law to detect, prevent, investigate and prosecute criminal offences, unless those systems are available for the public to report a criminal offence.
2022/05/04
Committee: TRAN
Amendment 246 #

2021/0106(COD)

Proposal for a regulation
Article 52 – paragraph 3 – introductory part
3. Users of an AI system that generates or manipulates text, image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and would falsely appear to a person to be authentic or truthful (‘deep fake’), shall disclose that the content has been artificially generated or manipulated.
2022/05/04
Committee: TRAN
Amendment 251 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 1
1. AI regulatory sandboxes established by one or more Member States competent authorities or the European Data Protection Supervisor shall provide a controlled environment that facilitates the development, testing and validation of innovative AI systems for a limited time before their placement on the market or putting into service pursuant to a specific plan. This shall take place under the direct supervision and guidance by the competent authorities with a view to ensuring compliance with the requirements of this Regulation and, where relevant, other Union and Member States legislation supervised within the sandbox.
2022/05/04
Committee: TRAN
Amendment 255 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 5
5. Member States’ competent authorities that have established AI regulatory sandboxes shall coordinate their activities and cooperate within the framework of the European Artificial Intelligence Board. They shall submit annual reports to the Board and the Commission on the results from the implementation of those scheme, including good practices, lessons learnt and recommendations on their setup and, where relevant, on the application of this Regulation and other Union legislation supervised within the sandbox.
2022/05/04
Committee: TRAN
Amendment 262 #

2021/0106(COD)

Proposal for a regulation
Article 57 – paragraph 1
1. The Board shall be composed of the national supervisory authorities, who shall be represented by the head or equivalent high-level official of that authority, and the European Data Protection Supervisor, AI ethics experts and industry representatives. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them.
2022/05/04
Committee: TRAN
Amendment 264 #

2021/0106(COD)

Proposal for a regulation
Article 57 – paragraph 3
3. The Board shall be co-chaired by the Commission and representative chosen from among the delegates of the Member States. The Commission shall convene the meetings and prepare the agenda in accordance with the tasks of the Board pursuant to this Regulation and with its rules of procedure. The Commission shall provide administrative and analytical support for the activities of the Board pursuant to this Regulation.
2022/05/04
Committee: TRAN
Amendment 268 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 4 a (new)
4 a. National competent authorities shall satisfy the minimum cybersecurity requirements set out for public administration entities identified as operators of essential services pursuant to Directive (…) on measures for a high common level of cybersecurity across the Union, repealing Directive (EU) 2016/1148.
2022/05/04
Committee: TRAN
Amendment 269 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 4 b (new)
4 b. Any information and documentation obtained by the national competent authorities pursuant to the provisions of this Article shall be treated in compliance with the confidentiality obligations set out in Article 70.
2022/05/04
Committee: TRAN
Amendment 270 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 7
7. National competent authorities may provide guidance and advice on the implementation of this Regulation, including to small-scale providers. Whenever national competent authorities intend to provide guidance and advice with regard to an AI system in areas covered by other Union legislation, the competent national authorities under that Union legislation shall be consulted, as appropriate. Member States mayshall also establish one central contact point for communication with operators. In addition, the central contact point of each Member State should be contactable through electronic communications means.
2022/05/04
Committee: TRAN
Amendment 272 #

2021/0106(COD)

Proposal for a regulation
Article 60 – paragraph 4
4. The EU database shall contain personal data only insofar as necessary for collecting and processing information in accordance with this Regulation. That information shall include the names and contact detailnot contain any confidential business information or trade secrets of a natural persons who are responsible for registering the system and have the legal authority to represent the provior legal person, including source coder.
2022/05/04
Committee: TRAN
Amendment 273 #

2021/0106(COD)

Proposal for a regulation
Article 60 – paragraph 5 a (new)
5 a. Any information and documentation obtained by the Commission and Member States pursuant to the provisions of this Article shall be treated in compliance with the confidentiality obligations set out in Article 70.
2022/05/04
Committee: TRAN
Amendment 275 #

2021/0106(COD)

Proposal for a regulation
Article 61 – paragraph 2
2. The post-market monitoring system shall actively and systematically collect, document and analyse relevant data provided by users and end-users or collected through other sources on the performance of high- risk AI systems throughout their lifetime, and allow the provider to evaluate the continuous compliance of AI systems with the requirements set out in Title III, Chapter 2.
2022/05/04
Committee: TRAN
Amendment 276 #

2021/0106(COD)

Proposal for a regulation
Article 64 – paragraph 1
1. Access to data and documentation in the context of their activities, the market surveillance authorities shall be granted fulladequate access to the training, validation and testing datasets used by the provider, including through application programming interfaces (‘API’) or other appropriate technical means and tools enabling remote access, taking into account the scope of access agreed with the relevant data subjects or data holders.
2022/05/04
Committee: TRAN
Amendment 277 #

2021/0106(COD)

Proposal for a regulation
Article 64 – paragraph 2
2. Where necessary to assess the conformity of the high-risk AI system with the requirements set out in Title III, Chapter 2 and upon a reasoned request, the market surveillance authorities shall be granted access to the source code of the AI system. AI providers or deployers should support market surveillance authorities with the necessary facilities to carry out testing to confirm compliance.
2022/05/04
Committee: TRAN
Amendment 281 #

2021/0106(COD)

Proposal for a regulation
Article 70 – paragraph 1 – introductory part
1. National competent authorities, market surveillance authorities and notified bodies involved in the application of this Regulation shall respect the confidentiality of information and data obtained in carrying out their tasks and activities in such a manner as to protect, in particular:
2022/05/04
Committee: TRAN
Amendment 282 #

2021/0106(COD)

Proposal for a regulation
Article 70 – paragraph 1 a (new)
1 a. Where the activities of national competent authorities, market surveillance authorities and bodies notified under the provisions of this Article infringe intellectual property rights, Member States shall provide for the measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights in full application of Directive 2004/48/EC on the enforcement of intellectual property rights.
2022/05/04
Committee: TRAN
Amendment 283 #

2021/0106(COD)

Proposal for a regulation
Article 70 – paragraph 1 b (new)
1 b. Information and data collected by national competent authorities, market surveillance authorities and notified bodies and referred to in Paragraph 1 shall be: a) collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes; further processing for archiving purposes in the public interest, for scientific or historical research purposes or for statistical purposes shall not be considered incompatible with the original purposes ("purpose limitation"); b) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
2022/05/04
Committee: TRAN
Amendment 284 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 1 a (new)
1 a. In cases where administrative fines have been imposed under Article 83 of Regulation 2016/679, no further penalties shall be imposed on operators under the AI Act;
2022/05/04
Committee: TRAN
Amendment 285 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 1 – point a
(a) the nature, gravity and duration of the infringement and of its consequences, taking into account the number of subjects affected and the level of damage suffered by them;
2022/05/04
Committee: TRAN
Amendment 286 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 1 – point a a (new)
(a a) the intentional or negligent character of the infringement;
2022/05/04
Committee: TRAN
Amendment 287 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 1 – point a b (new)
(a b) any relevant previous infringement;
2022/05/04
Committee: TRAN
Amendment 288 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 1 – point b a (new)
(b a) the degree of cooperation with the supervisory authority, in order to remedy the infringement and mitigate the possible adverse effects of the infringement;
2022/05/04
Committee: TRAN
Amendment 289 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 1 – point b b (new)
(b b) any action taken by the provider to mitigate the damage suffered by subjects;
2022/05/04
Committee: TRAN
Amendment 290 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 1 – point c a (new)
(c a) 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.
2022/05/04
Committee: TRAN
Amendment 295 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 1
1. The Commission shall assess the need for amendment of the list in Annex III once a year following the entry into force of this Regulation.deleted
2022/05/04
Committee: TRAN
Amendment 296 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 1 a (new)
1 a. The Commission shall assess the need for amendment of the list in Annex I every 24months following the entry into force of this Regulation and until the end of the period of the delegation of power.
2022/05/04
Committee: TRAN
Amendment 297 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 1 b (new)
1 b. The Commission shall assess the need for amendment of the list in Annex III every24 months following the entry into force of this Regulation and until the end of the period of the delegation of power. The findings of that assessment shall be presented to the European Parliament and the Council.
2022/05/04
Committee: TRAN
Amendment 298 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 2
2. By [threewo years after the date of application of this Regulation referred to in Article 85(2)] and every fourthree years thereafter, the Commission shall submit a report on the evaluation and review of this Regulation to the European Parliament and to the Council. The reports shall be made public.
2022/05/04
Committee: TRAN
Amendment 300 #

2021/0106(COD)

ARTIFICIAL INTELLIGENCE TECHNIQUES AND APPROACHES referred to in Article 3, point 1
2022/05/04
Committee: TRAN
Amendment 302 #

2021/0106(COD)

Proposal for a regulation
Annex I – point c
(c) Statistical approaches, Bayesian estimation, , forecasting, search and optimization methods.
2022/05/04
Committee: TRAN
Amendment 303 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a
(a) AI systems intended to be used for the ‘real-time’ and ‘post’ remote biometric identification of natural persons without their consent of being identified;
2022/05/04
Committee: TRAN
Amendment 305 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 2 – point a
(a) AI systems intended to be used as safety components in the management and operation of road, air, railway traffic and the supply of water, gas, heating and electricity, whose failure or malfunctioning would directly cause significant harm to the health, natural environment or safety of natural persons.
2022/05/04
Committee: TRAN
Amendment 307 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 4 – point a
(a) AI systems intended to be used for the sole purpose of recruitment or selection of natural persons, notably for advertising vacancies, screening or filtering applications, evaluating candidates in the course of interviews or tests;
2022/05/04
Committee: TRAN
Amendment 310 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 2 – point a
(a) provided that no confidential information or trade secrets are disclosed, the methods and steps performed for the development of the AI system, including, where relevant, recourse to pre- trained systems or tools provided by third parties and how these have been used, integrated or modified by the provider;
2022/05/04
Committee: TRAN
Amendment 311 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 2 – point b
(b) provided that no confidential information or trade secrets are disclosed, the design specifications of the system, namely the general logic of the AI system and of the algorithms; the key design choices including the rationale and assumptions made, also with regard to persons or groups of persons on which the system is intended to be used; the main classification choices; what the system is designed to optimise for and the relevance of the different parameters; the decisions about any possible trade-off made regarding the technical solutions adopted to comply with the requirements set out in Title III, Chapter 2;
2022/05/04
Committee: TRAN
Amendment 315 #

2021/0106(COD)

Proposal for a regulation
Recital 1
(1) The purpose of this Regulation is to improve the functioning of the internal market by laying down a uniform legal framework in particular for the development, marketing and use of artificial intelligence in conformity with Union values, the Universal Declaration of Human Rights, the European Convention on Human Rights and the Charter of Fundamental Rights of the EU. This Regulation pursues a number of overriding reasons of public interest, such as a high level of protection of health, safety and fundamental rights, and it ensures the free movement of AI- based goods and services cross-border, thus preventing Member States from imposing restrictions on the development, marketing and use of AI systems, unless explicitly authorised by this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 321 #

2021/0106(COD)

Proposal for a regulation
Recital 2
(2) Artificial intelligence systems (AI systems) can be easily deployed in multiple sectors of the economy and society, including cross border, and circulate throughout the Union. Certain Member States have already explored the adoption of national rules to ensure that artificial intelligence is safe and is developed and used in compliance with fundamental rights obligations. Differing national rules may lead to fragmentation of the internal market and decrease legal certainty for operators that develop or use AI systems. A consistent and high level of protection throughout the Union should therefore be ensured, while divergences hampering the free circulation of AI systems and related products and services within the internal market should be prevented, by laying down uniform obligations for operators and guaranteeing the uniform protection of overriding reasons of public interest and of rights of persons throughout the internal market based on Article 114 of the Treaty on the Functioning of the European Union (TFEU). To the extent that this Regulation contains specific rules on the protection of individuals with regard to the processing of personal data concerning restrictions of the use of AI systems for ‘real-time’ remote biometric identification in publicly accessible spaces for the purpose of law enforcement, it is appropriate to base this Regulation, in as far as those specific rules are concerned, on Article 16 of the TFEU and to align it with relevant EU legislation such as the GDPR and the EUDPR. In light of those specific rules and the recourse to Article 16 TFEU, it is appropriate to consult the European Data Protection Board and to take into consideration the EDPB-EDPS Joint Opinion 5/2021.
2022/06/13
Committee: IMCOLIBE
Amendment 354 #

2021/0106(COD)

Proposal for a regulation
Recital 5 a (new)
(5 a) The regulatory framework addressing artificial intelligence should be without prejudice to existing and future Union laws concerning data protection, privacy, and protection of fundamental rights. In this regard, requirements of this Regulation should be consistent with the aims and objectives of, among others, the GDPR and the EUDPR. Where this Regulation addresses automated processing within the context of article 22 of the GDPR, the requirements contained in that article should continue to apply, ensuring the highest levels of protection for European citizens over the use of their personal data.
2022/06/13
Committee: IMCOLIBE
Amendment 369 #

2021/0106(COD)

Proposal for a regulation
Recital 32
(32) As regards stand-alone AI systems, meaning high-risk AI systems other than those that are safety components of products, or which are themselves products, it is appropriate to classify them as high-risk if, in the light of their intended purpose, they pose a high risk of harm to the health, natural environment and safety or the fundamental rights of persons, taking into account both the severity of the possible harm and its probability of occurrence and they are used in a number of specifically pre-defined areas specified in the Regulation. The identification of those systems is based on the same methodology and criteria envisaged also for any future amendments of the list of high-risk AI systems.
2022/03/24
Committee: JURI
Amendment 377 #

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 databasedatabase data repository, excluding verification/authentication 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, 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.
2022/06/13
Committee: IMCOLIBE
Amendment 400 #

2021/0106(COD)

Proposal for a regulation
Recital 12 a (new)
(12 a) This Regulation should also ensure harmonisation and consistency in definitions and terminology as biometric techniques can, in the light of their primary function, be divided into techniques of biometric identification, authentication and verification. Biometric authentication means the process of matching an identifier to a specific stored identifier in order to grant access to a device or service, whilst biometric verification refers to the process of confirming that an individual is who they claim to be. As they do not involve any “one-to-many” comparison of biometric data that is the distinctive trait of identification, both biometric verification and authentication should be excluded from the scope of this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 402 #

2021/0106(COD)

Proposal for a regulation
Recital 51
(51) Cybersecurity plays a crucial role in ensuring that AI systems are resilient against attempts to alter their use, behaviour, performance or compromise their security properties by malicious third parties exploiting the system’s vulnerabilities. Cyberattacks against AI systems can leverage AI specific assets, such as training data sets (e.g. data poisoning) or trained models (e.g. adversarial attacks), or exploit vulnerabilities in the AI system’s digital assets or the underlying ICT infrastructure. To ensure a level of cybersecurity appropriate to the risks, suitable measures should therefore be taken by the providers of high-risk AI systems, as well as the notified bodies, competent national authorities and market surveillance authorities accessing the data of providers of high risk AI systems, also taking into account as appropriate the underlying ICT infrastructure.
2022/03/24
Committee: JURI
Amendment 452 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 3
3. This Regulation shall not apply to AI systems specially designed, modified, developed or used exclusively for military purposes.
2022/03/24
Committee: JURI
Amendment 455 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 4
4. This Regulation shall not apply to public authorities in a third country nor to international organisations falling within the scope of this Regulation pursuant to paragraph 1, where those authorities or organisations use AI systems in the framework of international cooperation or agreements for law enforcement and judicial cooperation or in the context of border checks, asylum and immigration related activities with the Union or with one or more Member States.
2022/03/24
Committee: JURI
Amendment 458 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 5 a (new)
5a. This Regulation shall not apply to AI systems, including their output, specifically developed and put into service for the sole purpose of scientific research and development.
2022/03/24
Committee: JURI
Amendment 460 #

2021/0106(COD)

5b. This Regulation shall not affect any research and development activity regarding AI systems in so far as such activity does not lead to or entail placing an AI system on the market or putting it into service.
2022/03/24
Committee: JURI
Amendment 461 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that dis developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives, generate outputs such as contentplay intelligent behaviour by analysing their environment and taking actions – with some degree of autonomy – to achieve specific goals, which: (a) receives machine and/or human-based data and inputs; (b) infers how to achieve a given set of human-defined objectives using learning, reasoning or modelling implemented with the techniques and approaches listed in Annex I, and (c) generates outputs in the form of content (generative AI systems), predictions, recommendations, or decisions, which influencinge the environments ithey interacts with;
2022/03/24
Committee: JURI
Amendment 477 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 12
(12) ‘intended purpose’ means the use for which an AI system is intended by the provider, including the specific context and conditions of use, as specified in the information supplied by the provider in the instructions for use, promotional or sales materials and statements, as well as in the technical documentation; general purpose AI systems shall not be considered as having an intended purpose within the meaning of this Regulation;
2022/03/24
Committee: JURI
Amendment 479 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 13
(13) ‘reasonably foreseeable misuse’ means the use of an AI system in a way that is not in accordance with its intended purposepurpose as indicated in instruction for use or technical specification, but which may result from reasonably foreseeable human behaviour or interaction with other systems;
2022/03/24
Committee: JURI
Amendment 481 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 14
(14) ‘safety component of a product or system’ means a component of a product or of a system which fulfils a safety function for that product or system or the failure or malfunctioning of which endangers the health and safety of persons or property;
2022/03/24
Committee: JURI
Amendment 488 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 36
(36) ‘remote biometric identification system’ means an AI system for the purpose of identifying natural persons at a physical distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, and without prior knowledge of the user of the AI system whether the person will be present and can be identified ;
2022/03/24
Committee: JURI
Amendment 496 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 44 a (new)
(44a) 'critical infrastructure' means an asset, system or part thereof which is necessary for the delivery of a service that is essential for the maintenance of vital societal functions or economic activities within the meaning of Article 2(4) and (5) of Directive (…) on the resilience of critical entities;
2022/03/24
Committee: JURI
Amendment 510 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order to materially distort a person’s behaviour in a manner that causes or is likelyintended to cause that person or another person physical or psychological harm;
2022/03/24
Committee: JURI
Amendment 518 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c – point i
(i) preferential, detrimental or unfavourable treatment of certain natural persons or whole groups thereof in social contexts which are unrelated to the contexts in which the data was originally generated or collected;
2022/03/24
Committee: JURI
Amendment 520 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c – point ii
(ii) preferential, detrimental or unfavourable treatment of certain natural persons or whole groups thereof that is unjustified or disproportionate to their social behaviour or its gravity;
2022/03/24
Committee: JURI
Amendment 537 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – point i
(i) the targeted search for specific potential victims of crime, including missing children;
2022/03/24
Committee: JURI
Amendment 541 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – point iii
(iii) the detection, localisation, identification or prosecution of a perpetrator or suspect of a criminal offence referred to in Article 2(2) of Council Framework Decision 2002/584/JHA62 and punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State. _________________ 62 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).deleted
2022/03/24
Committee: JURI
Amendment 541 #

2021/0106(COD)

Proposal for a regulation
Recital 32
(32) As regards stand-alone AI systems, meaning high-risk AI systems other than those that are safety components of products, or which are themselves products, it is appropriate to classify them as high-risk if, in the light of their intended purpose, they pose a high risk of harm to the health, natural environment, and safety or the fundamental rights of persons, taking into account both the severity of the possible harm and its probability of occurrence and they are used in a number of specifically pre-defined areas specified in the Regulation. The identification of those systems is based on the same methodology and criteria envisaged also for any future amendments of the list of high-risk AI systems.
2022/06/13
Committee: IMCOLIBE
Amendment 544 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – point iii a (new)
(iiia) searching for missing persons, especially those who are minors or have medical conditions that affect memory, communication, or independent decision- making skills;
2022/03/24
Committee: JURI
Amendment 548 #

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. In view of the risks that they may pose, both types of remote biometric identification systems should be subject to specific requirements on logging capabilities and, when appropriate and justified by a proven added value to the protection of health, safety and fundamental rights, human oversight.
2022/06/13
Committee: IMCOLIBE
Amendment 570 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) the AI system is intended to be used as amain safety component of a product, or is itself a product, covered by the Union harmonisation legislation listed in Annex II;
2022/03/24
Committee: JURI
Amendment 574 #

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 providers for their own use. Due to the fact that AI systems related to low-value credits for the purchase of moveables does not cause high risk, it is proposed to exclude this category from the scope of high-risk AI category as well. 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 575 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph 2 a (new)
2a. The classification as high-risk as a consequence of Article 6(1) and 6(2) shall be disregarded for AI systems whose intended purpose demonstrates that the generated output is a recommendation requiring a human intervention to convert this recommendation into a decision and for AI systems, which do not lead to autonomous decisions or actions of the overall system.
2022/03/24
Committee: JURI
Amendment 586 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) the AI systems pose a risk of harm to the health, natural environment and safety, or a risk of adverse impact on fundamental rights, that is, in respect of its severity and probability of occurrence, equivalent to or greater than the risk of harm or of adverse impact posed by the high-risk AI systems already referred to in Annex III.
2022/03/24
Committee: JURI
Amendment 589 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 – introductory part
2. When assessing for the purposes of paragraph 1 whether an AI system poses a risk of harm to the health, natural environment and safety or a risk of adverse impact on fundamental rights that is equivalent to or greater than the risk of harm posed by the high-risk AI systems already referred to in Annex III, the Commission shall take into account the following criteria:
2022/03/24
Committee: JURI
Amendment 593 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point c
(c) the extent to which the use of an AI system has already caused harm to the health, natural environment and safety or adverse impact on the fundamental rights or has given rise to significant concerns in relation to the materialisation of such harm or adverse impact, as demonstrated by reports or documented allegations submitted to national competent authorities;
2022/03/24
Committee: JURI
Amendment 597 #

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 and the law and in applying the law to a concrete set of factsfacts and the law. 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 606 #

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 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, subject to terms, conditions as made available by the provider, and contractual and license restrictions. Those residual risks shall be communicated to the user.
2022/03/24
Committee: JURI
Amendment 616 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – introductory part
2. Training, validation and testing data sets shall be subject to appropriate data governance and management practices. TWhere relevant to appropriate risk management measures, those practices shall concern in particular,
2022/03/24
Committee: JURI
Amendment 617 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point e
(e) a priorn assessment of the availability, quantity and suitability of the data sets that are needed;
2022/03/24
Committee: JURI
Amendment 618 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point f
(f) examination in view of possible biases, that are likely to affect health and safety of persons or lead to discrimination prohibited by Union law;
2022/03/24
Committee: JURI
Amendment 621 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point g
(g) the identification of any possibleother data gaps or shortcomings that materially increase the risks of harm to the health, natural environment and safety or the fundamental rights of persons, and how those gaps and shortcomings can be addressed.
2022/03/24
Committee: JURI
Amendment 627 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. Training, validation and testing data sets shall be relevant, sufficiently diverse to mitigate bias, and, to the best extent possible, representative, free of errors and complete. They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk AI system is intended to be used. These characteristics of the data sets may be met at the level of individual data sets or a combination thereof.
2022/03/24
Committee: JURI
Amendment 629 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 4
4. Training, validation and testing data sets shall take into accountbe sufficiently diverse to accurately capture, to the extent required by the intended purpose, the characteristics or elements that are particular to the specific geographical, behavioural or functional setting within which the high- risk AI system is intended to be used.
2022/03/24
Committee: JURI
Amendment 632 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 5
5. To the extent that it is strictly necessary for the purposes of ensuring bias monitoring, detection and correction in relation to the high-risk AI systems, the providers of such systems may process special categories of personal data referred to in Article 9(1) of Regulation (EU) 2016/679, Article 10 of Directive (EU) 2016/680 and Article 10(1) of Regulation (EU) 2018/1725, subject to appropriate safeguards for the fundamental rights and freedoms of natural persons, including technical limitations on the re-use and use of state-of-the-art security and privacy- preserving measures, such as pseudonymisation, or encryption or biometric template protection technologies where anonymisation may significantly affect the purpose pursued.
2022/03/24
Committee: JURI
Amendment 637 #

2021/0106(COD)

2. The logging capabilities shall ensure a level of traceability of the AI system’s functioning throughoutwhile the AI system is used within its lifecycle that is appropriate to the intended purpose of the system.
2022/03/24
Committee: JURI
Amendment 640 #

2021/0106(COD)

Proposal for a regulation
Article 12 – paragraph 3 a (new)
3a. For records constituting trade secrets as defined in Article 2 of Directive (EU) 2016/943, provider may elect to confidentially provide such trade secrets only to relevant public authorities to the extent necessary for such authorities to perform their obligations hereunder.
2022/03/24
Committee: JURI
Amendment 641 #

2021/0106(COD)

Proposal for a regulation
Recital 48
(48) High-risk AI systems should be designed and developed in such a way that natural persons canmay, when appropriate, oversee their functioning. For this purpose, when it brings a proven added value to the protection of health, safety and fundamental rights, appropriate human oversight measures should be identified by the provider of the system before its placing on the market or putting into service. In particular, where appropriate, such measures should guarantee that the system is subject to in- built operational constraints that cannot be overridden by the system itself and is responsive to the human operator, and that the natural persons to whom human oversight has been assigned have the necessary competence, training and authority to carry out that role.
2022/06/13
Committee: IMCOLIBE
Amendment 648 #

2021/0106(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. High-risk AI systems shall be accompanied by instructions for use in an appropriate digital format or made otherwise available, that include concise, complete, correct and clear information that is reasonably relevant, accessible and comprehensible to users. to assist them in operating and maintaining the AI system, taking into consideration the system’s intended purpose and the expected audience for the instructions.
2022/03/24
Committee: JURI
Amendment 650 #

2021/0106(COD)

Proposal for a regulation
Recital 51
(51) Cybersecurity plays a crucial role in ensuring that AI systems are resilient against attempts to alter their use, behaviour, performance or compromise their security properties by malicious third parties exploiting the system’s vulnerabilities. Cyberattacks against AI systems can leverage AI specific assets, such as training data sets (e.g. data poisoning) or trained models (e.g. adversarial attacks), or exploit vulnerabilities in the AI system’s digital assets or the underlying ICT infrastructure. To ensure a level of cybersecurity appropriate to the risks, suitable measures should therefore be taken by the providers of high-risk AI systems, as well as the notified bodies, competent national authorities and market surveillance authorities accessing the data of providers of high-risk AI systems, also taking into account as appropriate the underlying ICT infrastructure.
2022/06/13
Committee: IMCOLIBE
Amendment 654 #

2021/0106(COD)

Proposal for a regulation
Article 13 – paragraph 3 – point b – introductory part
(b) the characteristics, capabilities and limitations of performance of the high-risk AI system, that are relevant to the material risks associated with the intended purpose, including where appropriate, including:
2022/03/24
Committee: JURI
Amendment 658 #

2021/0106(COD)

Proposal for a regulation
Article 13 – paragraph 3 – point b – point ii
(ii) the level of accuracy, robustness and cybersecurity referred to in Article 15 against which the high-risk AI system has been tested and validated and which can be expected, and any known and reasonably foreseeable circumstances that may have ancould materially impact on that expected level of accuracy, robustness and cybersecurity;
2022/03/24
Committee: JURI
Amendment 658 #

2021/0106(COD)

Proposal for a regulation
Recital 54
(54) The provider should establish a sound quality management system, ensure the accomplishment of the required conformity assessment procedure, draw up the relevant documentation in the language of the Member State concerned and establish a robust post-market monitoring system. All elements, from design to future development, must be transparent for the user. Public authorities which put into service high-risk AI systems for their own use may adopt and implement the rules for the quality management system as part of the quality management system adopted at a national or regional level, as appropriate, taking into account the specificities of the sector and the competences and organisation of the public authority in question.
2022/06/13
Committee: IMCOLIBE
Amendment 669 #

2021/0106(COD)

Proposal for a regulation
Article 13 – paragraph 3 – point e
(e) the expected lifetime of the high- risk AI system, the description of the procedure of withdrawing it from use and any necessary maintenance and care measures to ensure the proper functioning of that AI system, including as regards software updates.
2022/03/24
Committee: JURI
Amendment 681 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 4 – introductory part
4. The measures referred to in paragraph 3 shall enable the individuals to whom human oversight is assigned to do the following, as appropriate and proportionate to the circumstances:
2022/03/24
Committee: JURI
Amendment 682 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 4 – point a
(a) fully understand the capacities and limitations of the high-risk AI system and be able to duly monitor its operation, so that signs of anomalies, dysfunctions and unexpected performance can be detected and addressed as soon as possible;
2022/03/24
Committee: JURI
Amendment 690 #

2021/0106(COD)

Proposal for a regulation
Article 15 – paragraph 3 – introductory part
3. HProviders and deployers should take all appropriate and feasible technical and organizational measures to ensure that high-risk AI systems shall bare resilient as regards errors, faults or inconsistencies that may occur within the system or the environment in which the system operates, in particular due to their interaction with natural persons or other systems.
2022/03/24
Committee: JURI
Amendment 700 #

2021/0106(COD)

Proposal for a regulation
Recital 68
(68) Under certain conditions, rapid availability of innovative technologies may be crucial for health and safety of persons and for society as a whole. It is thus appropriate that under exceptional reasons of public security or protection of life and health of natural persons and the protection of industrial and commercial property, Member States could authorise the placing on the market or putting into service of AI systems which have not undergone a conformity assessment.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 711 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 1 a (new)
1a. Users shall bear sole responsibility in case of any use of the AI system that is not in accordance with the instructions of use accompanying the systems.
2022/03/24
Committee: JURI
Amendment 717 #

2021/0106(COD)

Proposal for a regulation
Recital 70 a (new)
(70 a) Suppliers of general purpose AI systems and, as relevant, other third parties that may supply other software tools and components, including pre- trained models and data, should cooperate, as appropriate, with providers that use such systems or components for an intended purpose under this Regulation in order to enable their compliance with applicable obligations under this Regulation and their cooperation, as appropriate, with the competent authorities established under this Regulation. In such cases, the provider may, by written agreement, specify the information or other assistance that such supplier will furnish in order to enable the provider to comply with its obligations herein.
2022/06/13
Committee: IMCOLIBE
Amendment 719 #

2021/0106(COD)

Proposal for a regulation
Article 33 – paragraph 2 a (new)
2a. Notified bodies shall satisfy the minimum cybersecurity requirements set out for public administration entities identified as operators of essential services pursuant to Directive (…) on measures for a high common level of cybersecurity across the Union, repealing Directive (EU) 2016/1148;
2022/03/24
Committee: JURI
Amendment 720 #

2021/0106(COD)

Proposal for a regulation
Article 33 – paragraph 6
6. Notified bodies shall have documented procedures in place ensuring that their personnel, committees, subsidiaries, subcontractors and any associated body or personnel of external bodies respect the confidentiality of the information which comes into their possession during the performance of conformity assessment activities, except when disclosure is required by law. The staff of notified bodies shall be bound to observe professional secrecy with regard to all information obtained in carrying out their tasks under this Regulation, except in relation to the notifying authorities of the Member State in which their activities are carried out. Any information and documentation obtained by notified bodies pursuant to the provisions of this Article shall be treated in compliance with the confidentiality obligations set out in Article 70.
2022/03/24
Committee: JURI
Amendment 723 #

2021/0106(COD)

Proposal for a regulation
Article 41
Common specifications 1. referred to in Article 401 do not exist or where the Commission considers that teleted Whe relevant harmonised standards are insufficient or that there is a need to address specific safety or fundamental right concerns, the Commission may, by means of implementing acts, adopt common specifications in respect of the requirements set out in Chapter 2 of this Title. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2). 2. the common specifications referred to in paragraph 1, shall gather the views of relevant bodies or expert groups established under relevant sectorial Union law. 3. conformity with the common specifications referred to in paragraph 1 shall be presumed to be in conformity with tThe Commission, when preparing High-risk AI systems which are in Whe requirements set out in Chapter 2 of this Title, to the extent those common specifications cover those requirements. 4. with the common specifications referred to in paragraph 1, they shall duly justify that they have adopted technical solutions that are at least equivalent thereto. providers do not comply
2022/03/24
Committee: JURI
Amendment 734 #

2021/0106(COD)

Proposal for a regulation
Recital 73 a (new)
(73 a) AI solutions and services designed to combat fraud and protect consumers against fraudulent activities should not be considered high risk, nor prohibited. As a matter of substantial public interest, it is vital that this Regulation does not undermine the incentive of the industry to create and roll out solutions designed to combat fraud across the European Union.
2022/06/13
Committee: IMCOLIBE
Amendment 747 #

2021/0106(COD)

Proposal for a regulation
Article 52 – paragraph 1
1. Providers shall ensure that AI systems intended to interact with natural persons are designed and developed in such a way that natural persons are informed that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use. This obligation shall not apply to AI systems authorised by law to detect, prevent, investigate and prosecute criminal offences, unless those systems are available for the public to report a criminal offence.
2022/03/24
Committee: JURI
Amendment 754 #

2021/0106(COD)

Proposal for a regulation
Article 52 – paragraph 3 – introductory part
3. Users of an AI system that generates or manipulates text, image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and would falsely appear to a person to be authentic or truthful (‘deep fake’), shall disclose that the content has been artificially generated or manipulated.
2022/03/24
Committee: JURI
Amendment 763 #

2021/0106(COD)

Proposal for a regulation
Article 52 a (new)
Article 52 a General purpose AI systems 1. The placing on the market, putting into service or use of general purpose AI systems shall not, by themselves only, make those systems subject to the provisions of this Regulation. 2. Any person who places on the market or puts into service under its own name or trademark or uses a general purpose AI system made available on the market or put into service for an intended purpose that makes it subject to the provisions of this Regulation shall be considered the provider of the AI system subject to the provisions of this Regulation. 3. Paragraph 2 shall apply, mutatis mutandis, to any person who integrates a general purpose AI system made available on the market, with or without modifying it, into an AI system whose intended purpose makes it subject to the provisions of this Regulation. 4. The provisions of this Article shall apply irrespective of whether the general purpose AI system is open source software or not.
2022/03/24
Committee: JURI
Amendment 766 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 1
1. AI regulatory sandboxes established by one or more Member States competent authorities or the European Data Protection Supervisor shall provide a controlled environment that facilitates the development, testing and validation of innovative AI systems for a limited time before their placement on the market or putting into service pursuant to a specific plan. This shall take place under the direct supervision and guidance by the competent authorities with a view to ensuring compliance with the requirements of this Regulation and, where relevant, other Union and Member States legislation supervised within the sandbox.
2022/03/24
Committee: JURI
Amendment 770 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 5
5. Member States’ competent authorities that have established AI regulatory sandboxes shall coordinate their activities and cooperate within the framework of the European Artificial Intelligence Board. They shall submit annual reports to the Board and the Commission on the results from the implementation of those scheme, including good practices, lessons learnt and recommendations on their setup and, where relevant, on the application of this Regulation and other Union legislation supervised within the sandbox.
2022/03/24
Committee: JURI
Amendment 797 #

2021/0106(COD)

Proposal for a regulation
Article 57 – paragraph 1
1. The Board shall be composed of the national supervisory authorities, who shall be represented by the head or equivalent high-level official of that authority, and the European Data Protection Supervisor, AI ethics experts and industry representatives. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them.
2022/03/24
Committee: JURI
Amendment 800 #

2021/0106(COD)

Proposal for a regulation
Article 57 – paragraph 3
3. The Board shall be co-chaired by the Commission and representative chosen from among the delegates of the Member States. The Commission shall convene the meetings and prepare the agenda in accordance with the tasks of the Board pursuant to this Regulation and with its rules of procedure. The Commission shall provide administrative and analytical support for the activities of the Board pursuant to this Regulation.
2022/03/24
Committee: JURI
Amendment 824 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 4 a (new)
4a. National competent authorities shall satisfy the minimum cybersecurity requirements set out for public administration entities identified as operators of essential services pursuant to Directive (…) on measures for a high common level of cybersecurity across the Union, repealing Directive (EU) 2016/1148.
2022/03/24
Committee: JURI
Amendment 825 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 4 b (new)
4b. Any information and documentation obtained by the national competent authorities pursuant to the provisions of this Article shall be treated in compliance with the confidentiality obligations set out in Article 70.
2022/03/24
Committee: JURI
Amendment 828 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 7
7. National competent authorities may provide guidance and advice on the implementation of this Regulation, including to small-scale providers. Whenever national competent authorities intend to provide guidance and advice with regard to an AI system in areas covered by other Union legislation, the competent national authorities under that Union legislation shall be consulted, as appropriate. Member States mayshall also establish one central contact point for communication with operators. In addition, the central contact point of each Member State should be contactable through electronic communications means.
2022/03/24
Committee: JURI
Amendment 836 #

2021/0106(COD)

Proposal for a regulation
Article 60 – paragraph 4 a (new)
4a. The EU database shall not contain any confidential business information or trade secrets of a natural or legal person, including source code.
2022/03/24
Committee: JURI
Amendment 838 #

2021/0106(COD)

Proposal for a regulation
Article 60 – paragraph 5 a (new)
5a. Any information and documentation obtained by the Commission and Member States pursuant to the provisions of this Article shall be treated in compliance with the confidentiality obligations set out in Article 70.
2022/03/24
Committee: JURI
Amendment 847 #

2021/0106(COD)

Proposal for a regulation
Article 64 – paragraph 1
1. Access to data and documentation in the context of their activities, the market surveillance authorities shall be granted fulladequate access to the training, validation and testing datasets used by the provider, including through application programming interfaces (‘API’) or other appropriate technical means and tools enabling remote access, taking into account the scope of access agreed with the relevant data subjects or data holders.
2022/03/24
Committee: JURI
Amendment 848 #

2021/0106(COD)

Proposal for a regulation
Article 64 – paragraph 2
2. Where necessary to assess the conformity of the high-risk AI system with the requirements set out in Title III, Chapter 2 and upon a reasoned request, the market surveillance authorities shall be granted access to the source code of the AI system. AI providers or deployers should support market surveillance authorities with the necessary facilities to carry out testing to confirm compliance.
2022/03/24
Committee: JURI
Amendment 870 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 3
3. This Regulation shall not apply to AI systems designed, modified, developed or used exclusively for military purposes.
2022/06/13
Committee: IMCOLIBE
Amendment 878 #

2021/0106(COD)

Proposal for a regulation
Article 70 – paragraph 1 – introductory part
1. National competent authorities, market surveillance authorities and notified bodies involved in the application of this Regulation shall respect the confidentiality of information and data obtained in carrying out their tasks and activities in such a manner as to protect, in particular:
2022/03/24
Committee: JURI
Amendment 879 #

2021/0106(COD)

Proposal for a regulation
Article 70 – paragraph 1 a (new)
1a. Where the activities of national competent authorities, market surveillance authorities and bodies notified under the provisions of this Article infringe intellectual property rights, Member States shall provide for the measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights in full application of Directive 2004/48/EC on the enforcement of intellectual property rights.
2022/03/24
Committee: JURI
Amendment 880 #

2021/0106(COD)

Proposal for a regulation
Article 70 – paragraph 1 b (new)
1b. Information and data collected by national competent authorities, market surveillance authorities and notified bodies and referred to in Paragraph 1 shall be: a) collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes; further processing for archiving purposes in the public interest, for scientific or historical research purposes or for statistical purposes shall not be considered incompatible with the original purposes ("purpose limitation"); b) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
2022/03/24
Committee: JURI
Amendment 884 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 4
4. This Regulation shall not apply to public authorities in a third country nor to international organisations falling within the scope of this Regulation pursuant to paragraph 1, where those authorities or organisations use AI systems in the framework of international cooperation or agreements for law enforcement and judicial cooperation or in the context of border checks, asylum and immigration related activities with the Union or with one or more Member States.
2022/06/13
Committee: IMCOLIBE
Amendment 887 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 5 a (new)
5 a. This Regulation shall not apply to AI systems, including their output, specifically developed or used exclusively for scientific research and development purposes.
2022/06/13
Committee: IMCOLIBE
Amendment 888 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 1 a (new)
1a. In cases where administrative fines have been imposed under Article 83 of Regulation 2016/679, no further penalties shall be imposed on operators under the AI Act.
2022/03/24
Committee: JURI
Amendment 890 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 3 – introductory part
3. The following infringements shall be subject to administrative fines of up to 3015 000 000 EUR or, if the offender is company, up to 63 % of its total worldwide annual turnover for the preceding financial year, whichever is higher:.
2022/03/24
Committee: JURI
Amendment 891 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 4
4. The non-compliance of the AI system with any requirements or obligations under this Regulation, other than those laid down in Articles 5 and 10, shall be subject to administrative fines of up to 210 000 000 EUR or, if the offender is a company, up to 42 % of its total worldwide annual turnover for the preceding financial year, whichever is higher.
2022/03/24
Committee: JURI
Amendment 894 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 5
5. The supply of incorrect, incomplete or misleading information to notified bodies and national competent authorities in reply to a request shall be subject to administrative fines of up to 105 000 000 EUR or, if the offender is a company, up to 21 % of its total worldwide annual turnover for the preceding financial year, whichever is higher.
2022/03/24
Committee: JURI
Amendment 895 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 5 b (new)
5 b. This Regulation shall not affect any research and development activity regarding AI systems in so far as such activity does not lead to placing an AI system on the market or putting it into service.
2022/06/13
Committee: IMCOLIBE
Amendment 896 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 1 – point a
(a) the nature, gravity and duration of the infringement and of its consequences, taking into account the number of subjects affected and the level of damage suffered by them;
2022/03/24
Committee: JURI
Amendment 897 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 1 – point a a (new)
(aa) the intentional or negligent character of the infringement;
2022/03/24
Committee: JURI
Amendment 898 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 1 – point a b (new)
(ab) any relevant previous infringement;
2022/03/24
Committee: JURI
Amendment 900 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 1 – point b a (new)
(ba) the degree of cooperation with the supervisory authority, in order to remedy the infringement and mitigate the possible adverse effects of the infringement;
2022/03/24
Committee: JURI
Amendment 901 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 1 – point b b (new)
(bb) any action taken by the provider to mitigate the damage suffered by subjects;
2022/03/24
Committee: JURI
Amendment 902 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 1 – point c a (new)
(ca) 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.
2022/03/24
Committee: JURI
Amendment 905 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that dis developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives,play intelligent behaviour by analysing their environment and taking actions – with some degree of autonomy – to achieve specific goals, which: (a) receives machine and/or human-based data and inputs; (b) infers how to achieve a given set of human-defined objectives using data- driven models created through learning or reasoning implemented with the techniques and approaches listed in Annex I, and (c) generates outputs such as content, in the form of content (generative AI systems), predictions, recommendations, or decisions, which influencinge the environments ithey interacts with;
2022/06/13
Committee: IMCOLIBE
Amendment 914 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 1
1. The Commission shall assess the need for amendment of the list in Annex III once a year following the entry into force of this Regulation.deleted
2022/03/24
Committee: JURI
Amendment 917 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 1 a (new)
1a. The Commission shall assess the need for amendment of the list in Annex I every 24 months following the entry into force of this Regulation and until the end of the period of the delegation of power.
2022/03/24
Committee: JURI
Amendment 918 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 1 b (new)
1b. The Commission shall assess the need for amendment of the list in Annex III every 24 months following the entry into force of this Regulation and until the end of the period of the delegation of power. The findings of that assessment shall be presented to the European Parliament and the Council.
2022/03/24
Committee: JURI
Amendment 919 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 2
2. By [threewo years after the date of application of this Regulation referred to in Article 85(2)] and every fourthree years thereafter, the Commission shall submit a report on the evaluation and review of this Regulation to the European Parliament and to the Council. The reports shall be made public.
2022/03/24
Committee: JURI
Amendment 923 #

2021/0106(COD)

Proposal for a regulation
Annex I – point c
(c) Statistical approaches, Bayesian estimation, forecasting, search and optimization methods.
2022/03/24
Committee: JURI
Amendment 927 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a
(a) AI systems intended to be used for the ‘real-time’ and ‘post’ remote biometric identification of natural persons without their consent of being identified;
2022/03/24
Committee: JURI
Amendment 930 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 2 – point a
(a) 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, whose failure or malfunctioning would directly cause significant harm to the health, natural environment or safety of natural persons.
2022/03/24
Committee: JURI
Amendment 932 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 2
(2) ‘provider’ means a natural or legal person, public authority, agency or other body that develops an AI system or that has an AI system developed with a view to placing itand places that system on the market or puttings it into service under its own name or trademark, whether for payment or free of charge;
2022/06/13
Committee: IMCOLIBE
Amendment 939 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 5 – point b
(b) AI systems intended to be used to evaluate the creditworthiness of natural persons or, establish their credit score or assessment of insurance risk, with the exception of AI systems put into service by small scale providers for their own use;
2022/03/24
Committee: JURI
Amendment 944 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 4
(4) ‘usdeployer’ means any natural or legal person, public authority, agency or other body using an AI system under its authority, except where the AI system is used in the course of a personal non- professional activity;
2022/06/13
Committee: IMCOLIBE
Amendment 950 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 4 a (new)
(4 a) 'End-user' means any natural person who, in the framework of employment, contract or agreement with the deployer, uses the AI system under the authority of the deployer;
2022/06/13
Committee: IMCOLIBE
Amendment 961 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 2 – point a
(a) provided that no confidential information or trade secrets are disclosed, the methods and steps performed for the development of the AI system, including, where relevant, recourse to pre- trained systems or tools provided by third parties and how these have been used, integrated or modified by the provider;
2022/03/24
Committee: JURI
Amendment 962 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 2 – point b
(b) provided that no confidential information or trade secrets are disclosed, the design specifications of the system, namely the general logic of the AI system and of the algorithms; the key design choices including the rationale and assumptions made, also with regard to persons or groups of persons on which the system is intended to be used; the main classification choices; what the system is designed to optimise for and the relevance of the different parameters; the decisions about any possible trade-off made regarding the technical solutions adopted to comply with the requirements set out in Title III, Chapter 2;
2022/03/24
Committee: JURI
Amendment 966 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 12
(12) ‘intended purpose’ means the specific use for which an AI system is intended by the provider, including the specific context and conditions of use, as specified in the information supplied by the provider in the instructions for use, promotional or sales materials and statements, as well as in the technical documentation; general purpose AI systems shall not be considered as having an intended purpose within the meaning of this Regulation;
2022/06/13
Committee: IMCOLIBE
Amendment 975 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 13
(13) ‘reasonably foreseeable misuse’ means the use of an AI system in a way that is not in accordance with its intended purposepurpose as indicated in instruction for use or technical specification, but which may result from reasonably foreseeable human behaviour or interaction with other systems;
2022/06/13
Committee: IMCOLIBE
Amendment 1050 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 36
(36) ‘remote biometric identification system’ means an AI system for the purpose of identifying natural persons, at a physical distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, repository, excluding verification/authentication 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; and without prior knowledge of the user of the AI system whether the person will be present and can be identified ; ;
2022/06/13
Committee: IMCOLIBE
Amendment 1101 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 44 a (new)
(44 a) 'critical infrastructure' means an asset, system or part thereof which is necessary for the delivery of a service that is essential for the maintenance of vital societal functions or economic activities within the meaning of Article 2(4) and (5) of Directive (…) on the resilience of critical entities;
2022/06/13
Committee: IMCOLIBE
Amendment 1147 #

2021/0106(COD)

Article 4 a Notification about the use of an AI system 1. Users of AI systems which affect natural persons, in particular, by evaluating or assessing them, making predictions about them, recommending information, goods or services to them or determining or influencing their access to goods and services, shall inform the natural persons that they are subject to the use of such an AI system. 2. The information referred to in paragraph 1 shall include a clear and concise indication of the user and the purpose of the AI system, information about the rights of the natural person conferred under this Regulation, and a reference to publicly available resource where more information about the AI system can be found, in particular the relevant entry in the EU database referred to in Article 60, if applicable. 3. This information shall be presented in a concise, intelligible and easily accessible form, including for persons with disabilities. 4. This obligation shall be without prejudice to other Union or Member State laws, in particular Regulation 2016/679, Directive 2016/680, Regulation 2022/XXX.
2022/06/13
Committee: IMCOLIBE
Amendment 1149 #

2021/0106(COD)

Proposal for a regulation
Article 4 b (new)
Article 4 b Explanation of individual decision- making 1. A decision made by or with the assistance of a high risk AI system which produces legal effects concerning a person, or which similarly significantly affects that person, shall be accompanied by a meaningful, relevant explanation of at least: (a) the role of the AI system in the decision-making process; (b) the input data relating to the affected person, including the indication of his or her personal data on the basis of which the decision was made; (c) for high-risk AI systems, the link to the entry in the EU database referred to in Article 60; (d) the information about the person’s rights under this Regulation, including the right to lodge a complaint with the national supervisory authority. For information on input data under point b) to be meaningful it must include an easily understandable description of inferences drawn from other data. 2. Paragraph 1 shall not apply to the use of AI systems: (a) that are authorised by law to detect, prevent, investigate and prosecute criminal offences or other unlawful behaviour under the conditions laid down in Article 3(41) and Article 52 of this Regulation, if not explaining the decision is necessary and proportionate for detection, prevention, investigation and prosecution of a specific of-fence; (b) for which exceptions from, or restrictions to, the obligation under paragraph 1 follow from Union or Member State law, which lays down appropriate other safeguards for the affected person’s rights and freedoms and legitimate interests. 3. The explanation within the meaning of paragraph 1 shall be provided at the time when the decision is communicated to the affected person and shall be provided in a clear, easily understandable, and intelligible way, accessible for persons with disabilities. 4. If the affected person believes that the decision produced legal effects or similarly significantly affects him or her, but the deployer has not provided the explanation, he or she may request it. The deployer shall inform the affected person within 7 days about how he assessed the request and if it is accepted, the explanation shall be provided without undue delay. If the request is refused, the deployer shall in-form the affected person of the right to complain to the national supervisory authority.
2022/06/13
Committee: IMCOLIBE
Amendment 1168 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order to materially distort a person’s behaviour in a manner intended that causes or is likely to cause that person or another person physical or psychological harm;
2022/06/13
Committee: IMCOLIBE
Amendment 1207 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c – point i
(i) preferential, detrimental or unfavourable treatment of certain natural persons or whole groups thereof in social contexts which are unrelated to the contexts in which the data was originally generated or collected;
2022/06/13
Committee: IMCOLIBE
Amendment 1218 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c – point ii
(ii) preferential, detrimental or unfavourable treatment of certain natural persons or whole groups thereof that is unjustified or disproportionate to their social behaviour or its gravity;
2022/06/13
Committee: IMCOLIBE
Amendment 1255 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – point i
(i) the targeted search for specific potential victims of crime, including missing children;
2022/06/13
Committee: IMCOLIBE
Amendment 1271 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – point iii
(iii) the detection, localisation, identification or prosecution of a perpetrator or suspect of a criminal offence referred to in Article 2(2) of Council Framework Decision 2002/584/JHA62 and punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State. _________________ 62 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1275 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – point iii
(iii) the detection, localisation, identification or prosecution of a perpetrator or suspect of a criminal offence referred to in Article 2(2) of Council Framework Decision 2002/584/JHA62 and punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State. _________________ 62 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1282 #

2021/0106(COD)

(iii a) searching for missing persons, especially those who are minors or have medical conditions that affect memory, communication, or independent decision- making skills;
2022/06/13
Committee: IMCOLIBE
Amendment 1360 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point b a (new)
(b a) the full respect of fundamental rights and freedoms in conformity with Union values, the Universal Declaration of Human Rights, the European Convention of Human Rights and the Charter of Fundamental Rights of the EU.
2022/06/13
Committee: IMCOLIBE
Amendment 1389 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. A Member State may decide to provide for the possibility to fully or partially authorise the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement within the limits and under the conditions listed in paragraphs 1, point (d), 2 and 3. That Member State shall lay down in its national law the necessary detailed rules for the request, issuance and exercise of, as well as supervision relating to, the authorisations referred to in paragraph 3. Those rules shall alsofully comply with EU values, the Universal Declaration of Human Rights, the European Convention of Human Rights and the Charter of Fundamental Rights of the EU and shall specify in respect of which of the objectives listed in paragraph 1, point (d), including which of the criminal offences referred to in point (iii) thereof, the competent authorities may be authorised to use those systems for the purpose of law enforcement.
2022/06/13
Committee: IMCOLIBE
Amendment 1431 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) the product whose safety component is the AI system, or the AI system itself as a product, is required to undergo a third-party conformity assessment related to safety with a view to the placing on the market or putting into service of that product pursuant to the Union harmonisation legislation listed in Annex II.
2022/06/13
Committee: IMCOLIBE
Amendment 1441 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. In addition to the high-risk AI systems referred to in paragraph 1, AI systems referred to in Annex III shall also be considered high-risk, if they pose a risk of harm to either physical health and safety or human rights, or both.
2022/06/13
Committee: IMCOLIBE
Amendment 1444 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph 2 a (new)
2 a. The classification as high-risk as a consequence of Article 6(1) and 6(2) shall be disregarded for AI systems whose intended purpose demonstrates that the generated output is a recommendation requiring a human intervention to convert this recommendation into a decision and for AI systems which do not lead to autonomous decisions or actions of the overall system.
2022/06/13
Committee: IMCOLIBE
Amendment 1451 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph 2 b (new)
2 b. When assessing an AI system for the purposes of paragraph 1 of Article 6, a safety component shall be assessed against the essential health and safety requirements of the relevant EU harmonisation legislation listed in Annex II.
2022/06/13
Committee: IMCOLIBE
Amendment 1483 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) the AI systems pose a risk of harm to the health, natural environment and safety, or a risk of adverse impact on fundamental rights, that is, in respect of its severity and probability of occurrence, equivalent to or greater than the risk of harm or of adverse impact posed by the high-risk AI systems already referred to in Annex III.
2022/06/13
Committee: IMCOLIBE
Amendment 1492 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 – introductory part
2. When assessing for the purposes of paragraph 1 whether an AI system poses a risk of harm to the health, natural environment and safety or a risk of adverse impact on fundamental rights that is equivalent to or greater than the risk of harm posed by the high-risk AI systems already referred to in Annex III, the Commission shall take into account the following criteria:
2022/06/13
Committee: IMCOLIBE
Amendment 1500 #

2021/0106(COD)

(b) the extent to which an AI system has been used or is likely to be used and misused;
2022/06/13
Committee: IMCOLIBE
Amendment 1509 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point c
(c) the extent to which the use of an AI system has already caused harm to the health, natural environment and safety or adverse impact on the fundamental rights or has given rise to significant concerns in relation to the materialisation of such harm or adverse impact, as demonstrated by reports or documented allegations submitted to national competent authorities;
2022/06/13
Committee: IMCOLIBE
Amendment 1607 #

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 anythe overall residual risk associated with each hazard as well as the overall residual risk ofof the high-risk AI systems is reasonably judged to be acceptable, having regard to the benefits that the high-risk AI systems is judged acceptablereasonably expected to deliver and, provided that the high- risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, subject to terms, conditions as made available by the provider, and contractual and license restrictions. Those residual risks shall be communicated to the user.
2022/06/13
Committee: IMCOLIBE
Amendment 1617 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – introductory part
In identifying the most appropriate risk management measures, the following outcomes shall be ensurpursued:
2022/06/13
Committee: IMCOLIBE
Amendment 1620 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) elimination or reduction of risks as far as possible through adequcommercially reasonable and technologically feasible in light of the generally acknowledged state of the art, through appropriate design and development measures;
2022/06/13
Committee: IMCOLIBE
Amendment 1626 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c
(c) provision of adequate information pursuant to Article 13, in particular as regards the risks referred to in paragraph 2, point (b) of this Article, and, where appropriate, training to usersand relevant information on necessary competence training and authority for natural persons exercising such oversight.
2022/06/13
Committee: IMCOLIBE
Amendment 1635 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
In seeking to eliminatinge or reducinge risks related to the use of the high-risk AI system, due consideration shall be given to the technical knowledge, experience, education, training to be expected by the user and the environment in which the system is intended to be used.
2022/06/13
Committee: IMCOLIBE
Amendment 1640 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 5
5. High-risk AI systems shall be tested for the purposes of identifying the most appropriate risk management measures for the specific scenario in which the system will be operating and to ensure that a system is performing appropriately for a given use case. Testing shall ensure that high-risk AI systems perform in a manner that is consistently for with their intended purpose and they are in compliance with the requirements set out in this Chapter.
2022/06/13
Committee: IMCOLIBE
Amendment 1658 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 7
7. The testing of the high-risk AI systems shall be performed, as appropriate, at any point in time throughout the development process, and, in any event, prior to the placing on the market or the putting into service. Testing shall be made against preliminarily defined metrics and probabilistic thresholdrubrics that are appropriate to the intended purpose of the high-risk AI system.
2022/06/13
Committee: IMCOLIBE
Amendment 1668 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 9
9. For credit institutions regulated by Directive 2013/36/EUAI systems already covered by Union law that requires a specific risk assessment, the aspects described in paragraphs 1 to 8 shall be part ofmay be incorporated into theat risk management procedures established by those institutions pursuant to Article 74 of that Directivassessment, without the need to conduct a separate, additional risk assessment in order to comply with this Article.
2022/06/13
Committee: IMCOLIBE
Amendment 1677 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. High-risk AI systems which make use of techniques involving the training of models with data shall be developed on the basis of training, validation and testing data sets that meet the quality and fairness criteria referred to in paragraphs 2 to 5.
2022/06/13
Committee: IMCOLIBE
Amendment 1682 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – introductory part
2. Training, validation and testing data sets shall be subject to appropriate data governance and management practices. T for the entire lifecycle of data processing. Where relevant to appropriate risk management measures, those practices shall concern in particular,
2022/06/13
Committee: IMCOLIBE
Amendment 1697 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point e
(e) a priorn assessment of the availability, quantity and suitability of the data sets that are needed;
2022/06/13
Committee: IMCOLIBE
Amendment 1700 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point f
(f) examination in view of possible biases, that are likely to affect health and safety of persons or lead to discrimination prohibited by Union law;
2022/06/13
Committee: IMCOLIBE
Amendment 1704 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point g
(g) the identification of any possibleother data gaps or shortcomings that materially increase the risks of harm to the health, natural environment and safety or the fundamental rights of persons, and how those gaps and shortcomings can be addressed.
2022/06/13
Committee: IMCOLIBE
Amendment 1720 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. Training, validation and testing data sets shall be relevant, sufficiently diverse to mitigate bias, and, to the best extent possible, representative, free of errors and complete. They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk AI system is intended to be used. These characteristics of the data sets may be met at the level of individual data sets or a combination thereof.
2022/06/13
Committee: IMCOLIBE
Amendment 1731 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 4
4. Training, validation and testing data sets shall take into accountbe sufficiently diverse to accurately capture, to the extent required by the intended purpose, the characteristics or elements that are particular to the specific geographical, behavioural or functional setting within which the high- risk AI system is intended to be used.
2022/06/13
Committee: IMCOLIBE
Amendment 1740 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 5
5. To the extent that it is strictly necessary for the purposes of ensuring bias monitoring, detection and correction in relation to the high-risk AI systems, the providers of such systems may process special categories of personal data referred to in Article 9(1) of Regulation (EU) 2016/679, Article 10 of Directive (EU) 2016/680 and Article 10(1) of Regulation (EU) 2018/1725, subject to appropriate safeguards for the fundamental rights and freedoms of natural persons, including technical limitations on the re-use and use of state-of-the-art security and privacy- preserving measures, such as pseudonymisation, or encryption or biometric template protection technologies where anonymisation may significantly affect the purpose pursued.
2022/06/13
Committee: IMCOLIBE
Amendment 1769 #

2021/0106(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. High-risk AI systems shall be designed and developed with capabilities enabling the automatic recording of events (‘logs’) while the high-risk AI systems ispropriate technical and organizational measures to enable effective monitoring and human opverating. Those logging capabilities shall conform to recognised standards or common specificationsight by those using the system as well as effective supervision by regulators.
2022/06/13
Committee: IMCOLIBE
Amendment 1775 #

2021/0106(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. The logging capabilities shall ensure a level of traceability of the AI system’s functioning throughoutwhile the AI system is used within its lifecycle that is appropriate to the intended purpose of the system.
2022/06/13
Committee: IMCOLIBE
Amendment 1777 #

2021/0106(COD)

Proposal for a regulation
Article 12 – paragraph 3 a (new)
3 a. For records constituting trade secrets as defined in Article 2 of Directive (EU) 2016/943, provider may elect to confidentially provide such trade secrets only to relevant public authorities to the extent necessary for such authorities to perform their obligations hereunder.
2022/06/13
Committee: IMCOLIBE
Amendment 1878 #

2021/0106(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point a
(a) ensure that their high-risk AI systems are compliant with the requirements set out in Chapter 2 of this Title before placing them on the market or putting them into service, and shall be responsible for compliance of these systems after that point only to the extent that they exercise actual control over relevant aspects of the system;
2022/06/13
Committee: IMCOLIBE
Amendment 1908 #

2021/0106(COD)

Proposal for a regulation
Article 16 – paragraph 1 a (new)
The obligations contained in paragraph 1 shall be without prejudice to obligations applicable to providers of high-risk AI systems arising from Regulation (EU) 2016/679 of the European Parliament and of the Council and Regulation (EU) 2018/1725 of the European Parliament and of the Council
2022/06/13
Committee: IMCOLIBE
Amendment 2026 #

2021/0106(COD)

Proposal for a regulation
Article 28 – paragraph 1 – introductory part
1. Any distributor, importer, user or other third-party shall be considered a provider of a high-risk AI system for the purposes of this Regulation and shall be subject to the obligations of the provider under Article 16, in any of the following circumstances:
2022/06/13
Committee: IMCOLIBE
Amendment 2031 #

2021/0106(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point c a (new)
(c a) they modify the intended purpose of an AI system which is not high-risk and is already placed on the market or put into service, in a way which makes the modified system a high-risk AI system.
2022/06/13
Committee: IMCOLIBE
Amendment 2041 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 1
1. Users of high-risk AI systems shall use such systemsshall bear sole responsibility in case of any use of the AI system that is not in accordance with the instructions of use accompanying the systems, pursuant to paragraphs 2 and 5.
2022/06/13
Committee: IMCOLIBE
Amendment 2069 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 6 a (new)
6 a. Users of high risk systems involving an emotion recognition system or a biometric categorisation system in accordance with Article 52 shall implement suitable measures to safeguard the natural person's rights and freedoms and legitimate interests in such a system, including providing the natural person with the ability to express his or her point of view on the resulting categorisation and to contest the decision.
2022/06/13
Committee: IMCOLIBE
Amendment 2070 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 6 a (new)
6 a. Users shall monitor the performance of high-risk AI systems deployed by end-users and shall ensure that all possible malfunctioning and performance issues are recorded, and when not able to justify or ensure proper performance, communicated to the AI provider. In such cases, the provider and the user shall coordinate to establish the cause of a possible malfunctioning or performance issue.
2022/06/13
Committee: IMCOLIBE
Amendment 2081 #

2021/0106(COD)

Proposal for a regulation
Article 29 a (new)
Article 29 a Human rights impact assessment for high-risk AI systems 1. The user of a high-risk AI system as defined in Article 6 paragraph 2 may conduct an assessment of the system’s impact on fundamental rights and public interest in the context of use before putting the system into use and at least every three years afterwards. This assessment shall include, at minimum, the following: a) a clear outline of the intended purpose for which the system will be used; b) a clear outline of the intended geographic and temporal scope of the system’s use; c) categories of natural persons and groups likely to be affected by the use of the system; d) the likely impact on human rights of affected persons identified pursuant to point (c), including any indirect impacts or consequences of the system’s use; e) in the case of public authorities, any other impact on the public interest, including democracy and allocation of public funds; 2. Where the user of a high-risk AI system is already required to carry out a data protection impact assessment under Article 35 of Regulation (EU) 2016/679 or Article 27 of Directive (EU) 2016/680, the impact assessment outlined in paragraph 1 may be conducted in conjunction to the data protection impact assessment. The user may publish the results of both assessments, following the obligation under Article 51 paragraph 2.
2022/06/13
Committee: IMCOLIBE
Amendment 2101 #

2021/0106(COD)

Proposal for a regulation
Article 33 – paragraph 2
2. Notified bodies shall satisfy the organisational, quality management, resources and process requirememinimum cybersecurity requirements set out for public administration entities identified as operators of essential services pursuants that are necessary to fulfil their tasks.o Directive (…) on measures for a high common level of cybersecurity across the Union, repealing Directive (EU) 2016/1148;
2022/06/13
Committee: IMCOLIBE
Amendment 2105 #

2021/0106(COD)

Proposal for a regulation
Article 33 – paragraph 6
6. Notified bodies shall have documented procedures in place ensuring that their personnel, committees, subsidiaries, subcontractors and any associated body or personnel of external bodies respect the confidentiality of the information which comes into their possession during the performance of conformity assessment activities, except when disclosure is required by law. The staff of notified bodies shall be bound to observe professional secrecy with regard to all information obtained in carrying out their tasks under this Regulation, except in relation to the notifying authorities of the Member State in which their activities are carried out. Any information and documentation obtained by notified bodies pursuant to the provisions of this Article shall be treated in compliance with the confidentiality obligations set out in Article 70.
2022/06/13
Committee: IMCOLIBE
Amendment 2129 #

2021/0106(COD)

Proposal for a regulation
Article 41
Common specifications 1. Where harmonised standards referred to in Article 40 do not exist or where the Commission considers that the relevant harmonised standards are insufficient or that there is a need to address specific safety or fundamental right concerns, the Commission may, by means of implementing acts, adopt common specifications in respect of the requirements set out in Chapter 2 of this Title. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2). 2. The Commission, when preparing the common specifications referred to in paragraph 1, shall gather the views of relevant bodies or expert groups established under relevant sectorial Union law. 3. High-risk AI systems which are in conformity with the common specifications referred to in paragraph 1 shall be presumed to be in conformity with the requirements set out in Chapter 2 of this Title, to the extent those common specifications cover those requirements. 4. Where providers do not comply with the common specifications referred to in paragraph 1, they shall duly justify that they have adopted technical solutions that are at least equivalent thereto.Article 41 deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2254 #

2021/0106(COD)

Proposal for a regulation
Article 51 – paragraph 1 a (new)
Before using an AI system, public authorities shall register the uses of that system in the EU database referred to in Article 60. A new registration entry must be completed by the user for each use of an AI system.
2022/06/13
Committee: IMCOLIBE
Amendment 2284 #

2021/0106(COD)

Proposal for a regulation
Article 52 a (new)
Article 52 a General purpose AI systems 1. The placing on the market, putting into service or use of general purpose AI systems shall not, by themselves only, make those systems subject to the provisions of this Regulation. 2. Any person who places on the market or puts into service under its own name or trademark or uses a general purpose AI system made available on the market or put into service for an intended purpose that makes it subject to the provisions of this Regulation shall be considered the provider of the AI system subject to the provisions of this Regulation. 3. Paragraph 2 shall apply, mutatis mutandis, to any person who integrates a general purpose AI system made available on the market, with or without modifying it, into an AI system whose intended purpose makes it subject to the provisions of this Regulation. 4. The provisions of this Article shall apply irrespective of whether the general purpose AI system is open source software or not.
2022/06/13
Committee: IMCOLIBE
Amendment 2297 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 1
1. AI regulatory sandboxes established by one or more Member States competent authorities or the European Data Protection Supervisor shall provide a controlled environment that facilitates the development, testing and validation of innovative AI systems for a limited time before their placement on the market or putting into service pursuant to a specific plan. This shall take place under the direct supervision and guidance by the competent authorities with a view to ensuring compliance with the requirements of this Regulation and, where relevant, other Union and Member States legislation supervised within the sandbox.
2022/06/13
Committee: IMCOLIBE
Amendment 2332 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 5
5. Member States’ competent authorities that have established AI regulatory sandboxes shall coordinate their activities and cooperate within the framework of the European Artificial Intelligence Board. They shall submit annual reports to the Board and the Commission on the results from the implementation of those scheme, including good practices, lessons learnt and recommendations on their setup and, where relevant, on the application of this Regulation and other Union legislation supervised within the sandbox.
2022/06/13
Committee: IMCOLIBE
Amendment 2434 #

2021/0106(COD)

Proposal for a regulation
Article 57 – paragraph 1
1. The Board shall be composed of the national supervisory authorities, who shall be represented by the head or equivalent high-level official of that authority, and the European Data Protection Supervisor, AI ethics experts and industry representatives. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them.
2022/06/13
Committee: IMCOLIBE
Amendment 2453 #

2021/0106(COD)

Proposal for a regulation
Article 57 – paragraph 3
3. The Board shall be co-chaired by the Commission and a representative chosen from among the delegates of the Member States. The Commission shall convene the meetings and prepare the agenda in accordance with the tasks of the Board pursuant to this Regulation and with its rules of procedure. The Commission shall provide administrative and analytical support for the activities of the Board pursuant to this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 2574 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 4 a (new)
4 a. National competent authorities shall satisfy the minimum cybersecurity requirements set out for public administration entities identified as operators of essential services pursuant to Directive (…) on measures for a high common level of cybersecurity across the Union, repealing Directive (EU) 2016/1148.
2022/06/13
Committee: IMCOLIBE
Amendment 2575 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 4 b (new)
4 b. Any information and documentation obtained by the national competent authorities pursuant to the provisions of this Article shall be treated in compliance with the confidentiality obligations set out in Article 70.
2022/06/13
Committee: IMCOLIBE
Amendment 2587 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 7
7. National competent authorities may provide guidance and advice on the implementation of this Regulation, including to small-scale providers. Whenever national competent authorities intend to provide guidance and advice with regard to an AI system in areas covered by other Union legislation, the competent national authorities under that Union legislation shall be consulted, as appropriate. Member States mayshall also establish one central contact point for communication with operators. In addition, the central contact point of each Member State should be contactable through electronic communications means.
2022/06/13
Committee: IMCOLIBE
Amendment 2630 #

2021/0106(COD)

Proposal for a regulation
Article 60 – paragraph 4 a (new)
4 a. The EU database shall not contain any confidential business information or trade secrets of a natural or legal person, including source code.
2022/06/13
Committee: IMCOLIBE
Amendment 2635 #

2021/0106(COD)

Proposal for a regulation
Article 60 – paragraph 5 a (new)
5 a. Any information and documentation obtained by the Commission and Member States pursuant to the provisions of this Article shall be treated in compliance with the confidentiality obligations set out in Article 70.
2022/06/13
Committee: IMCOLIBE
Amendment 2646 #

2021/0106(COD)

Proposal for a regulation
Article 61 – paragraph 2
2. The post-market monitoring system shall actively and systematically collect, document and analyse relevant data provided by users and end-users or collected through other sources on the performance of high- risk AI systems throughout their lifetime, and allow the provider to evaluate the continuous compliance of AI systems with the requirements set out in Title III, Chapter 2.
2022/06/13
Committee: IMCOLIBE
Amendment 2681 #

2021/0106(COD)

Proposal for a regulation
Article 64 – paragraph 1
1. Access to data and documentation in the context of their activities, the market surveillance authorities shall be granted fullsufficient access to the training, validation and testing datasets used by the provider, including through application programming interfaces (‘API’) or other appropriate technical means and tools enabling remote access, taking into account the scope of access agreed with the relevant data subjects or data holders.
2022/06/13
Committee: IMCOLIBE
Amendment 2691 #

2021/0106(COD)

Proposal for a regulation
Article 64 – paragraph 2
2. Where necessary to assess the conformity of the high-risk AI system with the requirements set out in Title III, Chapter 2 and upon a reasoned request, the market surveillance authorities shall be granted access to the source code of the AI system. . AI providers or deployers shall support market surveillance authorities with the necessary facilities to carry out testing to confirm compliance.
2022/06/13
Committee: IMCOLIBE
Amendment 2805 #

2021/0106(COD)

Proposal for a regulation
Article 70 – paragraph 1 a (new)
1 a. Where the activities of national competent authorities and bodies notified under the provisions of this Article infringe intellectual property rights, Member States shall provide for the measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights in full application of Directive 2004/48/EC on the enforcement of intellectual property rights.
2022/06/13
Committee: IMCOLIBE
Amendment 2807 #

2021/0106(COD)

Proposal for a regulation
Article 70 – paragraph 1 b (new)
1 b. Information and data collected by national competent authorities and notified bodies and referred to in Paragraph 1 shall be: a) collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes;further processing for archiving purposes in the public interest, for scientific or historical research purposes or for statistical purposes shall not be considered incompatible with the original purposes ("purpose limitation"); b) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
2022/06/13
Committee: IMCOLIBE
Amendment 2822 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 1 a (new)
1 a. In cases where administrative fines have been imposed under Article 83 of Regulation 2016/679, no further penalties shall be imposed on operators under the AI Act.
2022/06/13
Committee: IMCOLIBE
Amendment 2887 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 1 – point a a (new)
(a a) the intentional or negligent character of the infringement;
2022/06/13
Committee: IMCOLIBE
Amendment 2888 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 1 – point a b (new)
(a b) any relevant previous infringement;
2022/06/13
Committee: IMCOLIBE
Amendment 2890 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 1 – point b a (new)
(b a) the degree of cooperation with the supervisory authority, in order to remedy the infringement and mitigate the possible adverse effects of the infringement;
2022/06/13
Committee: IMCOLIBE
Amendment 2891 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 1 – point b b (new)
(b b) any action taken by the provider to mitigate the damage suffered by subjects;
2022/06/13
Committee: IMCOLIBE
Amendment 2893 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 1 – point c a (new)
(c a) 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.
2022/06/13
Committee: IMCOLIBE
Amendment 2933 #

2021/0106(COD)

Proposal for a regulation
Article 80 – paragraph 1 – introductory part
In Article 5 of Regulation (EU) 2018/858 the following paragraph iss are added:
2022/06/13
Committee: IMCOLIBE
Amendment 2935 #

2021/0106(COD)

Proposal for a regulation
Article 80 – paragraph 1
Regulation (EU) 2018/858
Article 5
4 a. The Commission shall, prior to fulfilling the obligation pursuant to paragraph 4, provide a reasonable explanation based on a gap analysis of existing sectoral legislation in the automotive sector to determine the existence of potential gaps relating to Artificial Intelligence therein, and consult relevant stakeholders, in order to avoid duplications and overregulation, in line with the Better Regulation principles.
2022/06/13
Committee: IMCOLIBE
Amendment 2939 #

2021/0106(COD)

Proposal for a regulation
Article 82 – paragraph 1 – introductory part
In Article 11 of Regulation (EU) 2019/2144, the following paragraph iss are added:
2022/06/13
Committee: IMCOLIBE
Amendment 2940 #

2021/0106(COD)

Proposal for a regulation
Article 82 – paragraph 1
Regulation (EU) 2019/2144
Article 11
3 a. The Commission shall, prior to fulfilling the obligation pursuant to paragraph 3, provide a reasonable explanation based on a gap analysis of existing sectoral legislation in the automotive sector to determine the existence of potential gaps relating to Artificial Intelligence therein, and consult relevant stakeholders, in order to avoid duplications and overregulation, in line with the Better Regulation principles.
2022/06/13
Committee: IMCOLIBE
Amendment 2966 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 1
1. The Commission shall assess the need for amendment of the list in Annex III once a yearevery 24 months following the entry into force of this Regulation and until the end of the period of the delegation of power. The findings of that assessment shall be presented to the European Parliament and the Council.
2022/06/13
Committee: IMCOLIBE
Amendment 2973 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 2
2. By [threewo years after the date of application of this Regulation referred to in Article 85(2)] and every fourthree years thereafter, the Commission shall submit a report on the evaluation and review of this Regulation to the European Parliament and to the Council. The reports shall be made public.
2022/06/13
Committee: IMCOLIBE
Amendment 3018 #

2021/0106(COD)

Proposal for a regulation
Annex I – point b
(b) Logic- and knowledge-based approaches, including knowledge representation, inductive (logic) programming, knowledge bases, inference and deductive engines, (symbolic) reasoning and expert systems;Other data-driven approaches, including search and optimization methods.
2022/06/13
Committee: IMCOLIBE
Amendment 3025 #

2021/0106(COD)

Proposal for a regulation
Annex I – point c
(c) Statistical approaches, Bayesian estimation, search and optimization methodsif they are used to extract decisions from data in an automated way and search.
2022/06/13
Committee: IMCOLIBE
Amendment 3051 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 1 – introductory part
1. Biometrics systems identification and categorisation of natural persons:
2022/06/13
Committee: IMCOLIBE
Amendment 3063 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a
(a) AI biometric identification systems intended to be used for the ‘real- time’ and ‘post’ remote biometric identification of natural persons without their agreement;
2022/06/13
Committee: IMCOLIBE
Amendment 3090 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 2 – point a
(a) 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, whose failure or malfunctioning would directly cause significant harm to the health, natural environment or safety of natural persons.
2022/06/13
Committee: IMCOLIBE
Amendment 3113 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 4 – point b
(b) AI systems intended to be used forto makinge decisions on promotion and termination of work-related contractual relationships, for task allocationbased on individual behaviour or personal traits or characteristics, and for monitoring and evaluating performance and behaviour of persons in such relationships that have a likelihood of causing harm to the physical health and safety or adversely impact on the fundamental rights or have given rise to significant concerns in relation to the materialisation of such harm or adverse impact.
2022/06/13
Committee: IMCOLIBE
Amendment 3130 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 5 – point b
(b) AI systems intended to be used to evaluate the creditworthiness of natural persons or establish their credit scoreassessment of insurance risk, with the exception of AI systems put into service by small scale providers for their own use or AI systems related to low-value credits for the purchase of moveables;
2022/06/13
Committee: IMCOLIBE
Amendment 3144 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 5 – point c a (new)
(c a) AI systems intended to be used for insurance premium setting, underwritings and claims assessments, with the exception of AI systems related to low- value property insurance.
2022/06/13
Committee: IMCOLIBE
Amendment 3260 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 2 – point a
(a) provided that no confidential information or trade secrets are disclosed, the methods and steps performed for the development of the AI system, including, where relevant, recourse to pre- trained systems or tools provided by third parties and how these have been used, integrated or modified by the provider;
2022/06/13
Committee: IMCOLIBE
Amendment 3262 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 2 – point b
(b) provided that no confidential information or trade secrets are disclosed, the design specifications of the system, namely the general logic of the AI system and of the algorithms; the key design choices including the rationale and assumptions made, also with regard to persons or groups of persons on which the system is intended to be used; the main classification choices; what the system is designed to optimise for and the relevance of the different parameters; the decisions about any possible trade-off made regarding the technical solutions adopted to comply with the requirements set out in Title III, Chapter 2;
2022/06/13
Committee: IMCOLIBE
Amendment 8 #

2020/2262(INI)

Draft opinion
Paragraph 1 a (new)
1a. Reiterates that Internal market legislation as well as other legislation adopted at the European level should be simple, effective and efficient, should provide a clear added value, and should be easy to understand as well as delivering full benefits at effective cost, without placing any unnecessary administrative burdens on citizens or enterprises;
2021/02/24
Committee: IMCO
Amendment 12 #

2020/2262(INI)

Draft opinion
Paragraph 2
2. Reiterates that internal market objectives such as improving competitiveness, digitalisation, sustainability and consumer protection and welfare should be underpinned by the enhanced use of scrutiny instruments such as the regulatory fitness and performance programme (REFIT) and the Regulatory Scrutiny Board;
2021/02/24
Committee: IMCO
Amendment 15 #

2020/2262(INI)

Draft opinion
Paragraph 2 a (new)
2a. Regrets that monitoring of ‘Better Regulation’ efforts by the Commission has focused mainly on outputs of the system; asks the Commission to examine whether objectives, such as improved policy outcomes, reduced costs, better implementation, cost/benefit analysis and the use of aggregated net social benefit to illustrate performance of the regulatory system, have been met because ‘Better Regulation’ tools were used;
2021/02/24
Committee: IMCO
Amendment 17 #

2020/2262(INI)

Draft opinion
Paragraph 3
3. Underlines that SMEs in particular will continue to face serious repercussions due to the COVID-19 pandemic and need more flexibility to react quickly to the ever-changing demands of our economy; reiterates that cutting red tape, the ‘think small first’ principle, taking decisions transparently, coordinating policies at the Union and national levels and fostering a society that values entrepreneurship need to be priorities within internal market legislation;
2021/02/24
Committee: IMCO
Amendment 26 #

2020/2262(INI)

Draft opinion
Paragraph 4
4. Calls on the Member States’ authorities at national and regional level, and on stakeholders to become more closely involved at an early stage of the decision-making process, with subsidiarity and proportionality checks and administrative burden assessments of EU legislation; calls further on the Member States to ensure the swift and consistent transposition, implementation and enforcement of legislation, and to avoid ‘gold-plating’ that can undermine the smooth functioning of the internal market; calls on the Commission to provide guidance to Member States on how to simplify unnecessarily complex and/or burdensome rules for Internal market and avoid gold-plating;
2021/02/24
Committee: IMCO
Amendment 29 #

2020/2262(INI)

Draft opinion
Paragraph 4 a (new)
4a. Welcomes the Commission´s commitment to introduce the “One in, one out” principle to cut red tape also for businesses in the Internal market; asks the Commission for annual report on burden reduction in the Internal market in the user-friendly way with the estimated cost reduction and a change in the number and size of laws;
2021/02/24
Committee: IMCO
Amendment 30 #

2020/2262(INI)

Draft opinion
Paragraph 4 b (new)
4b. Notes the fact that EU policy- making places a value on EU integration that is difficult to quantify; calls on the Commission to clarify the definition of the EU added value of a legislative proposals and the approach how the EU institutions should measure EU added value to prove an additional benefit from collective effort at EU level, compared with action by Member States;
2021/02/24
Committee: IMCO
Amendment 32 #

2020/2262(INI)

Draft opinion
Paragraph 4 c (new)
4c. Understands that the quality of the analytical efforts is often affected by insufficient monitoring and a lack of comparable EU wide data; notes that the requirement to collect data is often perceived as costly and an administrative burden by the Member States especially on businesses and hence is dropped during the legislative process; asks the Commission to include cost-effective and result-oriented data collection and monitoring methods in legislative proposals;
2021/02/24
Committee: IMCO
Amendment 41 #

2020/2262(INI)

Draft opinion
Paragraph 5 a (new)
5a. Stresses that over-regulation creates barriers in the Internal Market; calls on the Commission to conduct the study to measure and quantify the potential benefits of deregulation and simplification of the regulatory environment for the Union and each Member State and recommend improvements for each Member State based on identified best practices;
2021/02/24
Committee: IMCO
Amendment 46 #

2020/2262(INI)

Draft opinion
Paragraph 5 b (new)
5b. Notes that especially trade in services is strongly impacted by restrictive measures, welcomes the Commission study from 2017 on the Restrictiveness Indicator for Professional Services; urges the Commission to update the PRO-SERV indicator regularly to compare the trends in national rules and to identify best practices;
2021/02/24
Committee: IMCO
Amendment 49 #

2020/2262(INI)

Draft opinion
Paragraph 5 c (new)
5c. Calls on the Commission to prepare an impact assessment for all proposals in the Commission Work Programme; recalls that in 19.5% of proposals Commission stated no need for an impact assessment and further 8.5% of proposals had exception not to have an impact assessment between 2015-2018; regrets that for two thirds of cases analysed there were doubts about whether the explanations were sufficient or adequate; calls on the Commission to extend the Regulatory Scrutiny Board mandate to the validation of the Commissions explanation for not presenting impact assessments;
2021/02/24
Committee: IMCO
Amendment 53 #

2020/2262(INI)

Draft opinion
Paragraph 5 d (new)
5d. Reminds the CJEU judgement in Case T-540/15 that the European institutions must in principle grant access, on specific request, to documents relating to ongoing trilogues; notes the administrative burden to specifically request each four-column document; calls on the Parliament, Council and Commission to publish all documents automatically to improve the trust of the citizens in the Union and the Single market;
2021/02/24
Committee: IMCO
Amendment 54 #

2020/2262(INI)

Draft opinion
Paragraph 5 e (new)
5e. Calls on the Commission to fully take into account the Court of Auditors recommendations to improve the evidence base for decision-making, promote, monitor and enforce the implementation and application of EU law; recalls the key challenges identified by the ECA including (i) the good quality and timely data and evidence that support consultation and impact assessment before decisions are made, (ii) develop an overall oversight framework with enforcement priorities and benchmarks for handling infringement cases, (iii) improving the transparency of the legislative process for instance by making consultation activities more visible and accessible;
2021/02/24
Committee: IMCO
Amendment 57 #

2020/2262(INI)

Draft opinion
Paragraph 5 f (new)
5f. Notes that according to the Court of Auditors impact assessment quality analyses in 2018, two out of the ten quality elements remained below the acceptable level even after the Commission’s services had revised their impact assessments;
2021/02/24
Committee: IMCO
Amendment 58 #

2020/2262(INI)

Draft opinion
Paragraph 5 g (new)
5g. Regrets the persistent weaknesses of impact assessments which include a tendency to justify a pre-determined option, poor problem definition and a focus on actions which the Commission wants to do rather than on the results to be achieved;
2021/02/24
Committee: IMCO
Amendment 59 #

2020/2262(INI)

Draft opinion
Paragraph 5 h (new)
5h. Regrets that according to Court of Auditors despite of the Interinstitutional agreement, only 3 impacts assessments were done by the European parliament and non by the Council for the substantial amendments to Commission proposals since 2016;
2021/02/24
Committee: IMCO
Amendment 60 #

2020/2262(INI)

Draft opinion
Paragraph 5 i (new)
5i. Calls on the Commission to quantify costs and benefits of all considered options; regrets that only a quarter of impact assessments quantified costs and benefits fully;
2021/02/24
Committee: IMCO
Amendment 61 #

2020/2262(INI)

Draft opinion
Paragraph 5 j (new)
5j. Calls on the Commission to increase the number of external experts in the Regulatory Scrutiny Board in order to establish a truly independent control mechanism.
2021/02/24
Committee: IMCO
Amendment 2 #

2020/2217(INI)

Draft opinion
Paragraph -1 (new)
1. Ensuring the trust (Subtitle 1)
2020/11/17
Committee: IMCO
Amendment 6 #

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; 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 8 #

2020/2217(INI)

Draft opinion
Paragraph 1 a (new)
1a. Highlights that information security and privacy is a key challenge in promoting data sharing; reminds the Expert Group report1a findings about the limited trust currently existing between a given private company or civil-society organisation and the public-sector body as it comes to the storage, access and processing of data which further prevents those collaborations from happening; in this respect understands that data providers may not be comfortable to share their data in the absence of the information security and privacy; calls on the Commission to firstly ensure significant improvement of security and privacy during the storage, access and processing of data in the public-sector before introducing a new framework; __________________ 1aTowards a European strategy on business-to-government data sharing for the public interest, Final report prepared by the High-Level Expert Group on Business-to-Government Data Sharing, 2020
2020/11/17
Committee: IMCO
Amendment 12 #

2020/2217(INI)

Draft opinion
Paragraph 1 b (new)
1b. General principles of the Data strategy proposals (Subtitle 2)
2020/11/17
Committee: IMCO
Amendment 13 #

2020/2217(INI)

Draft opinion
Paragraph 1 c (new)
1c. Calls on the Commission to follow the Expert Group report1a recommendations to carry out studies in order to obtain further empirical evidence, including of the macroeconomic and social benefits of B2G data sharing for the public interest; __________________ 1aTowards a European strategy on business-to-government data sharing for the public interest, Final report prepared by the High-Level Expert Group on Business-to-Government Data Sharing, 2020
2020/11/17
Committee: IMCO
Amendment 14 #

2020/2217(INI)

Draft opinion
Paragraph 1 d (new)
1d. Stresses that any strategy or proposal from the Commission should be accompanied by documents which inter alia include best practices, cost-benefit analyses, statistics and quantification of the detailed financial burden on the Union budget, the budgets of the Member States and operational costs for businesses, including SMEs;
2020/11/17
Committee: IMCO
Amendment 15 #

2020/2217(INI)

Draft opinion
Paragraph 1 e (new)
1e. Highlights the existing positive examples in B2B and B2G data sharing; calls on the Commission to test its goals using data-sharing pilots and sandboxes; stresses that without proven success, efficiency and value for money of pilot projects, the Union should neither support nor finance any complex project related to the digital transformation, including data sharing;
2020/11/17
Committee: IMCO
Amendment 16 #

2020/2217(INI)

Draft opinion
Paragraph 1 f (new)
1f. Asks the Commission to coherently define how new provisions interact with other legal instruments, such as GDPR, the free flow of non-personal data in the European Union and revised rules on open data and the reuse of public-sector information, since their impact on the single market for data is still unknown;
2020/11/17
Committee: IMCO
Amendment 17 #

2020/2217(INI)

Draft opinion
Paragraph 1 g (new)
1g. Calls on the Commission to promote sharing of all, not only high- quality data, and to introduce data-quality indicators, to measure consistency, timeliness and content quality;
2020/11/17
Committee: IMCO
Amendment 17 #

2020/2217(INI)

Draft opinion
Paragraph 2 a (new)
2a. Stresses that increasing the level of data exchange between private and public entities is an essential factor in creating new products and services, improving the quality of public services in all areas and strengthening the competitiveness of European businesses in the global marketplace;
2020/11/23
Committee: JURI
Amendment 17 #

2020/2217(INI)

Draft opinion
Paragraph 2 a (new)
2a. Stresses that increasing the level of data exchange between private and public entities is an essential factor in creating new products and services, improving the quality of public services in all areas and strengthening the competitiveness of European businesses in the global marketplace;
2020/11/23
Committee: JURI
Amendment 18 #

2020/2217(INI)

Draft opinion
Paragraph 1 h (new)
1h. Personal data spaces (subtitle 3)
2020/11/17
Committee: IMCO
Amendment 19 #

2020/2217(INI)

Draft opinion
Paragraph 1 i (new)
1i. Asks the Commission to provide an evidence on how many consumers are interested in Personal data spaces;
2020/11/17
Committee: IMCO
Amendment 27 #

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, including green and digital, that would benefit European consumers and companies; asks the Commission to consider how to support data altruismsharing in full compliance with European legislation;
2020/11/17
Committee: IMCO
Amendment 33 #

2020/2217(INI)

Draft opinion
Paragraph 2 a (new)
2a. Reminds that Commission´s Evaluation report on GDPR confirms that the GDPR, together with the Free Flow of Non-Personal Data Regulation ensures the free flow of data within the EU; urges the Commission, to properly describe reasons for the necessity of further legislation on Data spaces in order to avoid unnecessary administrative or regulatory burden;
2020/11/17
Committee: IMCO
Amendment 33 #

2020/2217(INI)

Draft opinion
Paragraph 3 a (new)
3a. Notes that the EU's priority should primarily be to create effective financial and legal incentives for private entities to make their data available on a voluntary basis; stresses that the establishment of mandatory access to data should only take place in specific cases justified by an essential public interest;
2020/11/23
Committee: JURI
Amendment 33 #

2020/2217(INI)

Draft opinion
Paragraph 3 a (new)
3a. Notes that the EU's priority should primarily be to create effective financial and legal incentives for private entities to make their data available on a voluntary basis; stresses that the establishment of mandatory access to data should only take place in specific cases justified by an essential public interest;
2020/11/23
Committee: JURI
Amendment 41 #

2020/2217(INI)

Draft opinion
Paragraph 2 b (new)
2b. Single European data space (Subtitle 4)
2020/11/17
Committee: IMCO
Amendment 57 #

2020/2217(INI)

Draft opinion
Paragraph 3 a (new)
3a. Recalls that the European Parliament recommended to the Commission to consider analyses of certain data related measures in recently adopted resolution Digital Services Act: Improving the functioning of the Single Market;
2020/11/17
Committee: IMCO
Amendment 59 #

2020/2217(INI)

Draft opinion
Paragraph 7 a (new)
7a. Welcomes the results of the Commission's cooperation with the Member States on increasing the supply of high-value datasets in the common European data space within the framework of the Committee on open data and the re-use of public sector information; encourages the Commission to prepare a cost-benefit analysis of the extension of the list of data sets made available free of charge and without restrictions to further areas with the highest potential for use in innovative technologies, such as artificial intelligence;
2020/11/23
Committee: JURI
Amendment 59 #

2020/2217(INI)

Draft opinion
Paragraph 7 a (new)
7a. Welcomes the results of the Commission's cooperation with the Member States on increasing the supply of high-value datasets in the common European data space within the framework of the Committee on open data and the re-use of public sector information; encourages the Commission to prepare a cost-benefit analysis of the extension of the list of data sets made available free of charge and without restrictions to further areas with the highest potential for use in innovative technologies, such as artificial intelligence;
2020/11/23
Committee: JURI
Amendment 64 #

2020/2217(INI)

Draft opinion
Paragraph 8
8. Recommends further strengthening interoperability and establishing consensus-based, industry-led common standards in order to guarantee that the movement of data between different machines and entities can take place in an innovative manner; calls for common, uniform and structured European guidelines for data formats, which should be machine-readable and based on open standards of recording;
2020/11/23
Committee: JURI
Amendment 64 #

2020/2217(INI)

Draft opinion
Paragraph 8
8. Recommends further strengthening interoperability and establishing consensus-based, industry-led common standards in order to guarantee that the movement of data between different machines and entities can take place in an innovative manner; calls for common, uniform and structured European guidelines for data formats, which should be machine-readable and based on open standards of recording;
2020/11/23
Committee: JURI
Amendment 67 #

2020/2217(INI)

Draft opinion
Paragraph 8 a (new)
8a. Notes the need for a coherent definition of machine-to-machine communication, which is essential for the dissemination, implementation and development of solutions using IoT technology and strengthening the potential of edge computing;
2020/11/23
Committee: JURI
Amendment 67 #

2020/2217(INI)

Draft opinion
Paragraph 8 a (new)
8a. Notes the need for a coherent definition of machine-to-machine communication, which is essential for the dissemination, implementation and development of solutions using IoT technology and strengthening the potential of edge computing;
2020/11/23
Committee: JURI
Amendment 72 #

2020/2217(INI)

Draft opinion
Paragraph 9 a (new)
9a. Calls for an increase in the availability of raw and anonymised data in the business-to-government and business-to-business communication, particularly in the case of data which have been generated in connection with the provision of services of general interest, are of public interest or in connection with the performance of publicly co-financed tasks; stresses that because of their importance and high value for society, such data should be made available and reusable for the general good while respecting the principles of personal data protection;
2020/11/23
Committee: JURI
Amendment 72 #

2020/2217(INI)

Draft opinion
Paragraph 9 a (new)
9a. Calls for an increase in the availability of raw and anonymised data in the business-to-government and business-to-business communication, particularly in the case of data which have been generated in connection with the provision of services of general interest, are of public interest or in connection with the performance of publicly co-financed tasks; stresses that because of their importance and high value for society, such data should be made available and reusable for the general good while respecting the principles of personal data protection;
2020/11/23
Committee: JURI
Amendment 73 #

2020/2217(INI)

Draft opinion
Paragraph 9 b (new)
9b. Stresses that implementing and enforcing the proposed new framework on trustworthy data governance requires access to code and data by competent authorities and, in case of certain high- risk technologies such as applications used by government authorities on citizens, by the public; considers that intellectual property rights shall not obstruct such access;
2020/11/23
Committee: JURI
Amendment 73 #

2020/2217(INI)

Draft opinion
Paragraph 9 b (new)
9b. Stresses the need to streamline and regulate the exchange of data between public entities (G2G, Government-to- Government) in cross-border relations; notes that the gradual expansion of the scope and scale of data exchange between public institutions, for instance in the area of justice, can lead to a more effective fight against crime and more efficient handling of cross-border disputes;
2020/11/23
Committee: JURI
Amendment 74 #

2020/2217(INI)

Draft opinion
Paragraph 3 c (new)
3c. Asks the Commission to particularly take into consideration the issues of confidentiality and protection of trade secrets in the context of the Data Economy very carefully;
2020/11/17
Committee: IMCO
Amendment 77 #

2020/2217(INI)

Draft opinion
Paragraph 3 d (new)
3d. Calls on the Commission and Member States to promote the data- sharing culture, led by example and share their data in the visible, users friendly, transparent and easily automated process;
2020/11/17
Committee: IMCO
Amendment 77 #

2020/2217(INI)

Draft opinion
Paragraph 10 a (new)
10a. Stresses the importance of cloud services, which are an essential tool for data collection and processing, in terms of fully exploiting the potential of the digital economy; underlines that the new regulations should ensure the transferability of data between different service providers, as well as taking into account the problem of securing and recovering data from the cloud provider when it ceases to carry out such activities.
2020/11/23
Committee: JURI
Amendment 77 #

2020/2217(INI)

Draft opinion
Paragraph 10 a (new)
10a. Stresses the importance of cloud services, which are an essential tool for data collection and processing, in terms of fully exploiting the potential of the digital economy; underlines that the new regulations should ensure the transferability of data between different service providers, as well as taking into account the problem of securing and recovering data from the cloud provider when it ceases to carry out such activities.
2020/11/23
Committee: JURI
Amendment 79 #

2020/2217(INI)

Draft opinion
Paragraph 3 e (new)
3e. Highlights the importance of the central national registers of all G2G and G2B contracts in some Member States; reiterates that user friendly platforms offering the access to all public contracts in one place and data contained in these documents are fundamental not only in order to ensure transparency of public administration but they also serve as a great source of data; stresses that public sector should be an example of efficient and comprehensive data sharing; asks the Commission to prepare a legislative proposal in order to make such practices compulsory in all Member States;
2020/11/17
Committee: IMCO
Amendment 79 #

2020/2217(INI)

Draft opinion
Paragraph 10 b (new)
10b. Stresses that, although the General Data Protection Regulation has been in force for more than two years, there is still a lack of practical tools enabling individuals to exercise their right to transfer personal data between administrators in a convenient and user- friendly manner; draws attention to the need to create an automated, secure and transparent system to enforce the right of individuals to manage their personal data;
2020/11/23
Committee: JURI
Amendment 79 #

2020/2217(INI)

Draft opinion
Paragraph 10 b (new)
10b. Stresses that, although the General Data Protection Regulation has been in force for more than two years, there is still a lack of practical tools enabling individuals to exercise their right to transfer personal data between administrators in a convenient and user- friendly manner; draws attention to the need to create an automated, secure and transparent system to enforce the right of individuals to manage their personal data;
2020/11/23
Committee: JURI
Amendment 82 #

2020/2217(INI)

Draft opinion
Paragraph 3 f (new)
3f. European cloud services (subtitle 5)
2020/11/17
Committee: IMCO
Amendment 83 #

2020/2217(INI)

Draft opinion
Paragraph 4
4. Underlines the need to improve access to European cloud services and to address interoperability issues, includingperly assess the idea of European cloud services, including cost-benefit analyses to build cloud infrastructure and to create system superstructure on top of existing cloud services including cloud services based outside of the EU territory; considers the need to analyse interoperability issues, the need to create and improve 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 94 #

2020/2217(INI)

Draft opinion
Paragraph 4 a (new)
4a. Underlines the need to promote the most cost-effective cloud service solution in the Union regardless of their origin, highlights that both private and public sectors rely mostly on already existing cloud services provided by well- established global private companies in third countries;
2020/11/17
Committee: IMCO
Amendment 104 #

2020/2217(INI)

14a. Highlights that it would be impossible to fully exploit the potential of the data economy without ensuring an adequate level of knowledge and skills in data management for the law enforcement and judicial administration staff; notes that digital skills play a crucial role in the process of digitisation of the justice system in all Member States; stresses that this process faces many barriers when it comes to the effective and secure collection, processing and exchange of digital data;
2020/11/23
Committee: JURI
Amendment 104 #

2020/2217(INI)

14a. Highlights that it would be impossible to fully exploit the potential of the data economy without ensuring an adequate level of knowledge and skills in data management for the law enforcement and judicial administration staff; notes that digital skills play a crucial role in the process of digitisation of the justice system in all Member States; stresses that this process faces many barriers when it comes to the effective and secure collection, processing and exchange of digital data;
2020/11/23
Committee: JURI
Amendment 16 #

2020/2216(INI)

Draft opinion
Paragraph 2 a (new)
2a. Stresses that many small and medium-sized enterprises are not aware of the value of the data they create, lack the tools to process them and are not sufficiently prepared to operate in a digital economy;
2020/12/15
Committee: JURI
Amendment 17 #

2020/2216(INI)

Motion for a resolution
Paragraph 1
1. Believes the EU needs to become a’s digital policy should create or support the key foundations needed for the European public and private sectors to be world leaders in digital innovation; considers that the digital single market is one such foundation and is about removing national barriers, strengthen competition and having a better organised and common European approach for market integration and harmonisation; believes that further actions are needed at both Member State and EU level to achieve this;
2021/01/26
Committee: IMCO
Amendment 18 #

2020/2216(INI)

Draft opinion
Paragraph 3
3. Points out that the digital single market and AI are diverse and subject to quick and dynamic developments; urges the Commission to base proposals and initiatives on the right balance avoiding on the one hand an one-size-fits-all approach and on the other hand a fragmentation of the market through national approaches on the other; calls on the Commission to work closely with the Member States on the design, implementation and enforcement of European ethical and safety standards for AI;
2020/12/15
Committee: JURI
Amendment 24 #

2020/2216(INI)

Motion for a resolution
Paragraph 2
2. Believes that the principles underlying the EU’s approach to digitalisation should be based on fundamental rights, consumer protection, technological neutrality and data protection;
2021/01/26
Committee: IMCO
Amendment 28 #

2020/2216(INI)

Motion for a resolution
Paragraph 3
3. Believes that digitalisation and technologies such as AI will be important for achieving the objectives of the Industrial Strategy, Vision Zero, Green Deal and for economic recovery from the COVID-19 crisis; further believes that the Industrial Strategy and Green Deal should themselves support the objective of digitalisation and realisation of technological leadership, as part of a mutually reinforcing policy approach; considers that the COVID-19 crisis also offers an opportunity to speed up digitalisation, and that the digital transformation must serve the public interest overall;
2021/01/26
Committee: IMCO
Amendment 29 #

2020/2216(INI)

Draft opinion
Paragraph 4 a (new)
4a. Considers that the lack of clear European rules on the attribution of responsibility in the event of a malfunction or accident is one of the key barriers to the implementation of AI- based technologies for widespread use;
2020/12/15
Committee: JURI
Amendment 31 #

2020/2216(INI)

Draft opinion
Paragraph 5
5. Is of the firm view that definitions of ‘AI’ and ‘high-risk’ should be future- proof to ensure legal clarity for consumers and businesses, including for the purposes of pursuing claims in connection with a malfunction or an accident, and should consider human oversight for high-risk AI applications;
2020/12/15
Committee: JURI
Amendment 45 #

2020/2216(INI)

Draft opinion
Paragraph 7 a (new)
7a. Points out that private operators generate a significant amount of data in connection with the provision of services of general interest or when carrying out tasks that are co-financed by public funds, such as public transport services; stresses that, given their importance and high value for society, such data should be made available free of charge for re-use in the general interest, while guaranteeing a high level of personal data protection where necessary;
2020/12/15
Committee: JURI
Amendment 53 #

2020/2216(INI)

Motion for a resolution
Paragraph 7
7. Calls on the Commission to increase support for key enablers of the digital economy; considers in this regard the important role that smart public procurement, such as European GovTech platform, can play in supporting digital developments across the EU;
2021/01/26
Committee: IMCO
Amendment 53 #

2020/2216(INI)

Draft opinion
Paragraph 9
9. Calls on the Commission to support the development of international standards to govern the use of AI; underlines that the EU should position itself as a global leader in the development of ethical and legal norms and standards for the use of this technology;
2020/12/15
Committee: JURI
Amendment 62 #

2020/2216(INI)

Motion for a resolution
Paragraph 10
10. Notes that there is a significant lack of European venture and seed capital, as well as of private equity funding, when compared to its two biggest competitors; believes that this both prevents the EU from realisother markets; considers that this often leads European start-ups to scale-up ing the full potential benefits of new technology, and also hinders the EU from influencing the globaird country markets rather than expanding in the EU; believes that this prevents the wider European economy from gaining as many spill governance of new and emerging technologies benefits from ventures originating in Europe; calls on the Commission and the Member States to propose a comprehensive European approach to increasbroaden the sources of capital for technological investments in the EU, including initiatives to support angel investing by European private sector leaders;
2021/01/26
Committee: IMCO
Amendment 69 #

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, which should be the first preference when standard setting in the digital single market, given the global nature of technology leadership and development;
2021/01/26
Committee: IMCO
Amendment 76 #

2020/2216(INI)

Draft opinion
Paragraph 13 a (new)
13a. Stresses the need to guarantee greater transparency in the internal rules of internet platforms, as well as their compliance with European consumer protection standards; calls for full transparency in the functioning of digital platforms, especially for entities registered in third countries, as regards algorithms affecting the availability of services, prices offered and user profiling for advertising;
2020/12/15
Committee: JURI
Amendment 78 #

2020/2216(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Underlines that private operators generate, collect and process a significant amount of data in connection with the provision of services of general interest or when carrying out tasks that are co- financed by public funds; stresses that, given their importance and high value for society, such data should be made available free of charge for re-use in the general interest, while guaranteeing a high level of personal data protection;
2021/01/26
Committee: IMCO
Amendment 81 #

2020/2216(INI)

15. Notes that large platforms with significant network effects could act as de facto ‘online gatekeepers’ of the digital economy and urges the Commission to analyse the impact that the power of these large platforms have on the rights of consumers and SMEs.
2020/12/15
Committee: JURI
Amendment 82 #

2020/2216(INI)

Draft opinion
Paragraph 15 a (new)
15a. Stresses that limited competition in the market for advanced digital services using AI technology creates significant barriers for small and medium-sized enterprises; recommends that the Commission’s proposed legislation should take into account the differences in potential between operators in the single market in terms of the administrative or financial burdens that they face;
2020/12/15
Committee: JURI
Amendment 116 #

2020/2216(INI)

Motion for a resolution
Paragraph 18
18. Considers that a lack of consumer trust and confidence can hold back the widespread adoption of AI, draws attention to the unavoidable asymmetry in citizens’ understanding the processes by which advanced algorithmic and artificial intelligence systems make decisions;
2021/01/26
Committee: IMCO
Amendment 119 #

2020/2216(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Calls on the Commission and the Member States to continuously improve the part of the public administration that will be responsible for regulating and implementing future legislation on AI; notes the risk of a significant asymmetry arising between the development dynamics of selected products and the ability of the public administration to assess them;
2021/01/26
Committee: IMCO
Amendment 124 #

2020/2216(INI)

Motion for a resolution
Paragraph 19
19. Welcomes the Commission’s white paper on AI, and calls on the Commission to develop a common EU regulatory framework for AI that is human-centric, risk-based, proportionate and clear;
2021/01/26
Committee: IMCO
Amendment 134 #

2020/2216(INI)

Motion for a resolution
Paragraph 20
20. Notes that, to varying degrees, AI is already subject to current European legislation, and calls on the Commission to issue clear guidance on the functioning and synergy between any current applicable legislation and any proposed new measures; considers it important not to over-regulate AI or to define too widely possible categories of risk; asks the Commission, when drafting legislation on AI, to consider the investment approach, leaving the regulatory approach only to those areas where intervention is necessary to reduce negative social impacts, promote legal certainty and ensure harmonisation of rules within the EU;
2021/01/26
Committee: IMCO
Amendment 136 #

2020/2216(INI)

Motion for a resolution
Paragraph 21
21. Considers that AI is a fast moving technology that requires effective legislation, based on principles and proportionality rather than prescriptive rules; 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 any regulatory measures can remain flexible and adaptable in order to take into account future developments and adequately reflect the degree to which the perceived risks of AI arise in practice in the varying ways AI is deployed;
2021/01/26
Committee: IMCO
Amendment 153 #

2020/2216(INI)

Motion for a resolution
Paragraph 25
25. Believes that the scope of new regulatory requirements should be scaled so that AI applications in their specific context which are deemed to pose the highest risk isare subject to the most regulatory requirements; calls on the Commission to develop an objective methodology for calculating the risk of harm, in addition to what already by exists in current consumer legislation; believes that such a methodology should avoid a restrictive, binary approach that could quickly become obsolete, and instead focus on the context, application and specific use of AI;
2021/01/26
Committee: IMCO
Amendment 155 #

2020/2216(INI)

Motion for a resolution
Paragraph 26
26. Stresses that EU-wide AI standardisation will foster innovation and interoperability, as well as guarantee a high level of consumer protection; acknowledges that, while a significant number of standards already exist, further promotion and development of common standards, such as those applicable to component parts and full applications, for AI is necessary;
2021/01/26
Committee: IMCO
Amendment 163 #

2020/2216(INI)

Motion for a resolution
Paragraph 27
27. Considers that a voluntary labelling scheme for trustworthy AI, based on clear and common guidance drawn up by the Commission, could help improve consumer trust; considers that a voluntary labelling scheme for trustworthy AI, based on clear and common guidance drawn up by the Commission, could help improve consumer trust; underlines that any such labelling scheme must be understandable for consumers and be shown to provide a measurable benefit in consumer awareness and satisfaction with compliant AI applications, otherwise it will not achieve a sufficient level of adoption in real-world use;
2021/01/26
Committee: IMCO
Amendment 166 #

2020/2216(INI)

Motion for a resolution
Paragraph 28
28. Strongly believes that new regulatory requirements and assessments shouldmust be both understandable and implementable, and should be incorporated into existing sector specific requirements where possible;
2021/01/26
Committee: IMCO
Amendment 172 #

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 of the risk profile of their product; believes that these tools can help encourage innovation without any detriment to consumer protection; points out that creating a coherent environment for innovative testing and validating products based on technologies such as AI will help European businesses to overcome the fragmentation of the Single Market and to take advantage of the growth potential throughout the EU;
2021/01/26
Committee: IMCO
Amendment 177 #

2020/2216(INI)

Motion for a resolution
Paragraph 30
30. Believes that the use of high- risk AI should be limited to specific and clearly warranted purposes, in full respect of the applicable law ands may arise from the use of AI tools in a specific circumstance or with a particular objective; notes that these instances should be subject to specific transparency obligations and such use should remain in compliance with all other applicable law; underlines that this 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 180 #

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 in the Member States to assess the potential benefits and potential harm stemming from high-risk, impactful AI-based projects;deleted
2021/01/26
Committee: IMCO
Amendment 188 #

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 institutions; believes that such a centre can help to provide specialised training and development for regulatory authorities; furthermore stresses the importance of measures and information channels to help small and medium-sized enterprises and start-ups to effectively digitise and advance into ‘industry 4.0’;
2021/01/26
Committee: IMCO
Amendment 194 #

2020/2216(INI)

Motion for a resolution
Paragraph 33
33. Considers that the lack of clear European rules on the attribution of liability in the event of a malfunction or accident of the advanced AI-system could be one of the key obstacles to the implementation of AI-based technologies into everyday use; calls on the Commission to update the existing liability framework in order to address new challenges posed by emerging digital technologies such as artificial intelligence;
2021/01/26
Committee: IMCO
Amendment 2 #

2020/2209(INI)

Motion for a resolution
Citation 19
— having regard to the Commission proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426, ‘the Anti- Discrimination Directive’) and Parliament’s position thereon of 2 April 20096 , _________________ 6 OJ C 137 E, 27.5.2010, p. 68.deleted
2021/04/28
Committee: PETI
Amendment 3 #

2020/2209(INI)

Motion for a resolution
Recital A a (new)
A a. whereas there are approximately 87 million persons with disabilities in Europe1a; _________________ 1a https://ec.europa.eu/commission/presscor ner/detail/en/speech_21_1015
2021/04/28
Committee: PETI
Amendment 4 #

2020/2209(INI)

Motion for a resolution
Recital A b (new)
A b. whereas 37 % of the EU population aged 15 and over reported (moderate or severe) physical or sensory limitations1b; _________________ 1b https://ec.europa.eu/eurostat/statistics- explained/index.php/Functional_and_acti vity_limitations_statistics#Functional_an d_activity_limitations
2021/04/28
Committee: PETI
Amendment 5 #

2020/2209(INI)

Motion for a resolution
Recital B
B. whereas petitions on disability issues reveal the difficulties encountered by persons with disabilities and the fact that they face discrimination and obstacles in everyday life and that they do not enjoy the fundamental freedoms and rights laid down in the CRPD, such as access to public transport, accessibility of the builtphysical environment, use of sign languages, financing and equal access to education and vocational training;
2021/04/28
Committee: PETI
Amendment 7 #

2020/2209(INI)

Motion for a resolution
Recital G
G. whereas the Optional Protocol of the CRPD has not been ratified by the EU and five Member States;deleted
2021/04/28
Committee: PETI
Amendment 8 #

2020/2209(INI)

Motion for a resolution
Recital H a (new)
H a. whereas petitions have repeatedly highlighted the limitations in terms of access to education for persons with disabilities, which lead to lower participation in educational activities than the population average and, as a consequence, to a risk of social and economic exclusion; whereas one person with disabilities out of four leaves the education system prematurely1c; _________________ 1c https://ec.europa.eu/eurostat/statistics- explained/index.php?title=Archive:Disabi lity_statistics_- _access_to_education_and_training&oldi d=413588
2021/04/28
Committee: PETI
Amendment 9 #

2020/2209(INI)

Motion for a resolution
Recital H b (new)
H b. whereas petitions have repeatedly highlighted the limitations regarding the employment opportunities of persons with disabilities; whereas the average gap between the employment rates of people with and without disabilities in the EU is 25%1d; _________________ 1dCOM(2019)653/F1 - PL (europa.eu), p.89
2021/04/28
Committee: PETI
Amendment 10 #

2020/2209(INI)

Motion for a resolution
Recital I
I. whereas the creation of the role of Commissioner for Equality played an instrumentalmportant role in establishing the new Strategy for the Rights of Persons with Disabilities 2021- 2030;
2021/04/28
Committee: PETI
Amendment 12 #

2020/2209(INI)

Motion for a resolution
Recital M
M. whereas the Anti-Discrimination Directive, which would provide greater protection against discrimination of all kinds through a horizontal approach, still remains blocked in the Council, and whereas this has been the case for over a decade;deleted
2021/04/28
Committee: PETI
Amendment 13 #

2020/2209(INI)

Motion for a resolution
Recital N a (new)
N a. whereas initiatives at EU level such as The Access City Award promote the adaptation of public spaces to the needs of the elderly and persons with disabilities; whereas the competition has rewarded cities that make commitments at the level of political decision-making to be inclusive for persons with disabilities and respectful of their rights, are responsive to the needs of persons with disabilities and hold a social dialogue with organisations for persons with disabilities and the elderly; whereas the adaptation of public spaces will not only help to combat social exclusion, but will also contribute to economic growth;
2021/04/28
Committee: PETI
Amendment 15 #

2020/2209(INI)

Motion for a resolution
Recital O
O. whereas several petitions illustrate the problems of accessibility for persons with disabilities to the builtphysical environment, to transport, as well as accessibility to information and communications technologies and systems (ICT), and other facilities and services provided to the public;
2021/04/28
Committee: PETI
Amendment 19 #

2020/2209(INI)

Motion for a resolution
Recital Q
Q. whereas several petitions prove that the COVID-19 pandemic has aggravated the situation of persons with disabilities, including violations of persons with disabilities’ most basic human rights, such as access to healthcare treatment and, to protective measures against the spread of the disease and to education;
2021/04/28
Committee: PETI
Amendment 20 #

2020/2209(INI)

Motion for a resolution
Recital Q a (new)
Q a. whereas due to the difficult situation during COVID-19 crisis institutions for persons with disabilities and older people, such as day centres or schools have been temporarily closed; whereas in this emergency situation the care of persons with intellectual disabilities has fallen to their family members; whereas petitioners have intervened with the Committee on Petitions regarding the institutions that have remained open, pointing to the difficult health situation, the lack of staff, the lack of protective and disinfectant products and, as a consequence, the high rates of illness and death in these institutions;
2021/04/28
Committee: PETI
Amendment 28 #

2020/2209(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Stresses that Member States should step up their efforts in providing support for persons with disabilities in the following priority areas: health, education, accessibility, employment and working conditions, independent living, coordination, living conditions, social protection and raising awareness;
2021/04/28
Committee: PETI
Amendment 29 #

2020/2209(INI)

Motion for a resolution
Paragraph 2
2. Calls on all Member States that have not yet ratified the Optional Protocol to the CRPD to do so without further delay, and for the EU to fully ratify the Protocol; calls on the Council to take the necessary steps to ensure the accession of the Union to the Optional Protocol;deleted
2021/04/28
Committee: PETI
Amendment 32 #

2020/2209(INI)

Motion for a resolution
Paragraph 3
3. Considers the Optional Protocol to be an indivisible part of the CRPD; points to the fact that the Optional Protocol provides citizens with a forum to communicate alleged violations of the provisions of the Convention by the State Party, and allows the CRPD Committee to initiate confidential inquiries where they receive information indicating a grave or systematic violation by a State Party;deleted
2021/04/28
Committee: PETI
Amendment 46 #

2020/2209(INI)

Motion for a resolution
Paragraph 10
10. Welcomes the Commission’s proposal for creation of a European Disability Card to be recognised in all Member States by end of 2023, in order to scale up the pilot project on the European Disability Card and the European parking card for persons with disabilities; is of the opinion that a European Disability Card, which should be mandatory in all Member States, will be an important key instrument to help persons with disabilities to exercise their right to free movement in a barrier- free Europe;
2021/04/28
Committee: PETI
Amendment 58 #

2020/2209(INI)

Motion for a resolution
Paragraph 13
13. Regrets the fact that access to the builtphysical environment and physical accessibility were not included within the scope of the European Accessibility Act; calls on the Commission to use the European Accessibility Act as a basis for adopting a robust EU framework for an accessible and inclusive environment with fully accessible public spaces, services, including public transport, communication, administrative and financial services, and the builtphysical environment;
2021/04/28
Committee: PETI
Amendment 72 #

2020/2209(INI)

Motion for a resolution
Paragraph 16
16. Notes that there is no mutual recognition of disability status between Member States; calls on the Member States to work together in a spirit of mutual trust to recognise the status assigned in another Member State; emphasises the Commission’s goal of working with Member States to expand the scope of the mutual recognition of disability status in areas such as labour mobility and the benefits related to the conditions of service provision; underlines in this context the importance of swift action in terms of implementation of the European Disability Card;
2021/04/28
Committee: PETI
Amendment 77 #

2020/2209(INI)

Motion for a resolution
Paragraph 17
17. Stresses the urgent need for EU legislation aimed at protecting citizens against all forms of discrimination in the EU; urges the Member States to adopt the EU horizontal anti-discrimination directive tabled by the Commission in 2008; calls on the Commission to present an alternative solution in order to move forward in tackling discrimination across the EU, in all areas of life, as soon as possible;
2021/04/28
Committee: PETI
Amendment 104 #

2020/2209(INI)

Motion for a resolution
Paragraph 23
23. Welcomes the fact that Member States are willing to implement inclusive educational policies, but calls on them to further increase their education systems’ capacity to provide high-quality inclusive education for all learners, and calls on the Commission to strengthen the role of the Child Guarantee in ensuring the inclusion of children with disabilities; stresses that persons with disabilities should be guaranteed access to education, including during crises such as the COVID-19 pandemic, and Member States should tackle all forms of discrimination and exclusion in this area;
2021/04/28
Committee: PETI
Amendment 1 #

2020/2202(INI)

Draft opinion
Paragraph 1
1. Recalls the fundamental principle of protecting citizens’ rights as described in the Treaties, the Charter of Fundamental Rights and the European Convention on Human Rights;
2022/11/09
Committee: PETI
Amendment 10 #

2020/2202(INI)

Draft opinion
Paragraph 3
3. Recalls that the Agreement protects the rights of those EU citizens and their family members who exercised their right of free movement in the UK in accordance with EU law before the end of the transition period and who have continued to reside there following its end, as well as those UK citizennationals and their families who are exercising the same right in a Member State of the EU- 27; reiterates the need for the public authorities in both the United Kingdom and the EU to ensure this principle;
2022/11/09
Committee: PETI
Amendment 17 #

2020/2202(INI)

Draft opinion
Paragraph 4
4. Recalls that the rights providguaranteed by the citizens’ rights section of the Agreement can be relied on directly by EU citizens in UK courts and by UK nationals in the courts of the Member States;
2022/11/09
Committee: PETI
Amendment 19 #

2020/2202(INI)

Draft opinion
Paragraph 5
5. Recalls that the Agreement provides a role for the Court of Justice of the EU, by permitting UK courts to ask ithe Court of Justice, under certain conditions, for a preliminary ruling on the interpretation of the citizens’ rights sectionPart Two of the Agreement for eight years following the end of the transition period;
2022/11/09
Committee: PETI
Amendment 22 #

2020/2202(INI)

Draft opinion
Paragraph 7
7. Highlights the role of the Independent Monitoring Authority in receiving complaints and conducting inquiries regarding alleged breaches of the Withdrawal Agreementfrom the EU citizens and their family members or EEA EFTA countries’ citizens as well as conducting inquiries regarding alleged breaches by the administrative authorities of the United Kingdom of Part Two of the Withdrawal Agreement; recalls its right to bring a legal action before a competent court or tribunal in the United Kingdom;
2022/11/09
Committee: PETI
Amendment 23 #

2020/2202(INI)

Draft opinion
Paragraph 8
8. Notes that the Independent Monitoring Authority focuses on systemic failings in the implementation or application of Part Two of the Agreement and that individuals filing complaints must seek redress by other means; t cannot resolve any individual complaints reported, therefore individuals filing complaints must seek resolution by other means that exist under UK law; nevertheless underlines the importance of reported complaints in terms of gathering information concerning common and systemic issues;
2022/11/09
Committee: PETI
Amendment 27 #

2020/2202(INI)

Draft opinion
Paragraph 11
11. Considers that the EU Settlement Scheme’s requirement that EU citizens with pre-settled status have to make a second application to the scheme in order to be provided with the indefinite right to remain in the UK is problematic and can puts citizens at a higher risk of missing deadlines; highlights the difficulties that EU citizens may encounter in attempting to apply for settled or pre-settled status owing to the UK Home Office’s insistence on a digital-only approach to the application process;
2022/11/09
Committee: PETI
Amendment 28 #

2020/2202(INI)

Draft opinion
Paragraph 12
12. Considers that the absence of a physical document creates the risk that many EU citizens and, in particular, the elderly disadvantaged and vulnerable and digitally challenged peoplegroups such as the older persons and persons with disabilities will struggle to provexercise their rights due to lack of the necessary digital skills; points out that the complexity of provprocess of gaining digital status may lead to the risk of discrimination against EU citizens;
2022/11/09
Committee: PETI
Amendment 35 #

2020/2202(INI)

Draft opinion
Paragraph 13
13. Calls for reconsideration to be given to better regulation of thimprove and facilitate conditions of entry and residence in the UK for purposes such as business, research, study, training and youth exchanges;
2022/11/09
Committee: PETI
Amendment 38 #

2020/2202(INI)

Draft opinion
Paragraph 14
14. Regrets that the United Kingdom has pulled out of mobility programmes, such as Erasmus+, and opted not to take part as an associated third country in the new 2021-2027 Erasmus+ programme as there are several non-EU countries participating;
2022/11/09
Committee: PETI
Amendment 39 #

2020/2202(INI)

Draft opinion
Paragraph 15
15. Calls on the Commission to continue to allow the United Kingdom to participate in EU programmes for the benefit of EU and British young people, aso long as ithe latter fulfils the necessary financial commitments in return.;
2022/11/09
Committee: PETI
Amendment 40 #

2020/2202(INI)

Draft opinion
Paragraph 15 a (new)
15 a. Recalls that the possibility of rejoining the EU structures remains open for the United Kingdom, based on the Article 49 of the Treaty on European Union, provided that the Copenhagen criteria are fulfilled and that other Member States and the European Parliament agree.
2022/11/09
Committee: PETI
Amendment 16 #

2020/2131(INI)

Draft opinion
Paragraph 2 a (new)
2a. Notes that maintaining the existence of SMEs is already the subject of the Member States individual policies, many of which are already approved by the Commission as the state aid, therefore, the implementation of the strategy should be a complementary measure and take into account a shock that the COVID-19 crisis has delivered to many SMEs, hence no new burdens for the sector should be imposed in the nearest future;
2020/07/15
Committee: IMCO
Amendment 32 #

2020/2131(INI)

Draft opinion
Paragraph 3 a (new)
3a. Stresses that excessive regulation is the most burdensome for SMEs, so that in order to achieve the goals of the strategy, greater emphasis should be placed on the proportionality of any new initiatives;
2020/07/15
Committee: IMCO
Amendment 34 #

2020/2131(INI)

Draft opinion
Paragraph 3 b (new)
3b. Emphasises that SMEs are the largest beneficiaries of free competition in the internal market, hence increasing the level of competitiveness on the EU market will be beneficial for the sector;
2020/07/15
Committee: IMCO
Amendment 36 #

2020/2131(INI)

Draft opinion
Paragraph 3 c (new)
3c. Condemns any attempt to use the COVID-19 crisis as a pretext for protectionist practices and excessive administrative burdens for SMEs operating in the single market, particularly in the road freight transport sector; calls on the Commission to act decisively to protect the freedom to provide services in the EU;
2020/07/15
Committee: IMCO
Amendment 42 #

2020/2131(INI)

Draft opinion
Paragraph 4 a (new)
4a. Underlines that advanced disruptive technologies, such as blockchain, Artificial Intelligence (AI), Cloud and High Performance Computing (HPC) can dramatically boost competitiveness of the SMEs;
2020/07/15
Committee: IMCO
Amendment 55 #

2020/2131(INI)

Draft opinion
Paragraph 5 a (new)
5a. Stresses the need to utilise the European Public Procurement GovTech Platform (EU GovTech) to carefully monitor the state of SME engagement in procurement challenges across the EU, guiding the subsequent formulation of good practices and further legislative standards;
2020/07/15
Committee: IMCO
Amendment 57 #

2020/2131(INI)

Draft opinion
Paragraph 5 b (new)
5b. Calls to the Commission to launch in 2020 the European GovTech Initiative and a small scale pilot project to promote best practices in creating a synergy effect between the government and start-ups and digital SMEs and to facilitate use among a few Member States a cross-border tool promoting equal market access for European Digital SMEs;
2020/07/15
Committee: IMCO
Amendment 66 #

2020/2131(INI)

Draft opinion
Paragraph 6 a (new)
6a. Notes the low participation of SMEs in public procurement, especially cross- border where they account for only 25% of the value in cross-border procurement (compared to 33% at home); underlines that with the combined procurement spending within the EU reaching 14% of the combined GDP of Member States, increasing the participation rate of SMEs in tenders represents possibly the largest funding opportunity for Digital SMEs; stresses that achieving this aim requires the utilisation of new procurement methodologies (like design contest models) and creation of new tools to put them into practice;
2020/07/15
Committee: IMCO
Amendment 7 #

2020/2081(INI)

Motion for a resolution
Citation 6 a (new)
— having regard to a joint statement on Belarus of EPP, S&D, Renew Europe, Greens/EFA and ECR groups in the European Parliament of 17 August 2020,
2020/09/02
Committee: AFET
Amendment 29 #

2020/2081(INI)

Motion for a resolution
Recital A
A. whereas despite the fundamental restrictions on basic freedoms and human rights that remain in Belarus, the EU policy of critical engagement with Belarus has produced some results in the form of signed agreements and increased cooperation; whereas future relations between the EU and Belarus will be defined in the Partnership Priorities to be agreed by both sideEU and new legitimate, democratically elected authorities in Belarus;
2020/09/02
Committee: AFET
Amendment 32 #

2020/2081(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the people of Belarus share common European heritage and culture, while directly neighbouring three EU Member States; whereas situation in Belarus may have direct impact on the EU;
2020/09/02
Committee: AFET
Amendment 45 #

2020/2081(INI)

Motion for a resolution
Recital B
B. whereas the OSCE ODIHR International Election Observation Mission noted an overallnone of either the parliamentary or presidential elections held in Belarus from 1994 to date have been free and fair, but despite these harsh undemocratic conditions the people of Belarus clearly voted for a change, after more than two decades of oppression; whereas recent presidential elections were neither free nor fair and even more than the previous ones were marred with disregard for the fundamental freedoms of assembly, association and expression during the 2019 parliamentary elections, whichand took place after a limited amount of campaigning and within an extremely restrictive environment that did not provide for a meaningful or competitive political contest overall;
2020/09/02
Committee: AFET
Amendment 52 #

2020/2081(INI)

Motion for a resolution
Recital C
C. whereas the 2020 presidential elections have thus far followed the same pattern as the parliamentary electionssimilar pattern as previous elections; whereas after publication of falsified results, Belarusian people immediately organised peaceful protests, which were suppressed by brutal force, which resulted in thousands of protestors being arrested, tortured, wounded, and some even killed; whereas the United Nations human rights investigators alarmed on 01/09 that they had received reports of hundreds of cases of torture, beatings and mistreatment of anti-government protesters by police in Belarus and urged the authorities to stop any such abuse;
2020/09/02
Committee: AFET
Amendment 88 #

2020/2081(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas human rights and democracy in Belarus have been deliberately and brutally restricted by the Belarusian authorities over the past decades, while representatives of the opposition, civil society and media in the country have been regularly arrested or otherwise persecuted;
2020/09/02
Committee: AFET
Amendment 94 #

2020/2081(INI)

Motion for a resolution
Recital E b (new)
Eb. whereas the Belarusian regime seeks to intimidate and to disperse the Coordination Council of Belarus by targeting its members and launching a criminal case against them;
2020/09/02
Committee: AFET
Amendment 96 #

2020/2081(INI)

Motion for a resolution
Recital E d (new)
Ed. whereas Belsat TV channel, which is officially registered in Poland, so far has not been registered in Belarus, while its activities are under constant pressure and attacks, including brutal detentions of its journalists and fines imposed to its contributors amounting to USD 101,791 as of 18 June 2020;
2020/09/02
Committee: AFET
Amendment 109 #

2020/2081(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas 26 years in power or Lukashenka had been marked by policies of undermining sovereignty and independence of the country and weakening of Belarusian identity, heritage and culture;
2020/09/02
Committee: AFET
Amendment 162 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point a
(a) acknowledge territorial integrity of Belarus and support the sovereignty of Belarus against pressure from the Russian Federation for deeper integration and remind Belarus that the European Union is open to further development of relations with the country both bilaterally and within the Eastern Partnership framework if Belarus meets conditions linked to democracy, the rule of law, international law, human rights and fundamental freedoms;
2020/09/02
Committee: AFET
Amendment 165 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point a a (new)
(aa) deplore the involvement and support of the Russian Federation in aiding the Lukashenko regime to legitimize fraudulent elections and to brutally crush peaceful demonstrations; condemns the Kremlin’s hybrid war against the Belarusian people; support the will of the Belarusian nation by restraining the Kremlin’s interference, including by blocking Russia’s access to SWIFT system and introducing targeted sanctions, which could prevent likely scenario of full annexation of Belarus by the Russian Federation; take a brave decision to stop the North Stream 2, which otherwise would serve as an instrument reinforcing the authoritarian regime in Russia and would finance Russia’s hybrid war in Belarus and elsewhere;
2020/09/02
Committee: AFET
Amendment 221 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point e
(e) pay close attention to the presidential election campaign and insist that a lack of progress in conducting elections according to international standards and further crackdowns against the opposition will have direct adverse effects on relations wicall for holding new and transparent Presidential and Parliamentary elections in Belarus that would meet the democratic standards and call on the EU, OSCE, CoE to engage in dialogue with the Belarusian civil society with a view to launch a new electoral process, under the supervision of a new Electoral Commission, a body that can be trusted by all the parties including international observers, under the the EUight international scrutiny;
2020/09/02
Committee: AFET
Amendment 226 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point e a (new)
(ea) deny recognition of the results of the elections held in Belarus on 9 August 2020 and Alexander Lukashenko as a legitimate leader President of Belarus; accordingly, call on him to respect the decision of the people of Belarus and peacefully step down;
2020/09/02
Committee: AFET
Amendment 231 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point e b (new)
(eb) applaud the Belarusian people for their courage and determination and to strongly support their desire for democratic change and freedom and basing their country’s future on principles of democracy, rule of law and human rights, so as to ensure freedom, independence, sovereignty and prosperity of the Republic of Belarus;
2020/09/02
Committee: AFET
Amendment 233 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point e c (new)
(ec) warn the regime against any attempts to use national, religious, ethnic and other minorities as a proxy target diverting attention of the society from the election fraud and subsequent massive protests and repressions; to condemn denying the return to the country of the head of the Catholic Church of Belarus, archbishop Tadeusz Kondrusiewicz; likewise, to warn against creating false narratives about the external threats to Belarus and its territorial integrity, allegedly emanating from the EU and its Member States; express deepest concern about using such narratives as justification for military activities, including the movement of Belarusian forces in Grodno region towards the border with Poland and Lithuania;
2020/09/02
Committee: AFET
Amendment 236 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point e d (new)
(ed) deplore persecution of the members of the opposition Coordination Council and call the authorities to enter into the dialogue with the protestors in order to end the violence and repressions and prepare a new elections;
2020/09/02
Committee: AFET
Amendment 248 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point f a (new)
(fa) condemn efforts of the Belarusian regime to deny entrance to the country for Belarusians critical towards it, as well as independent journalists, human rights workers, as well as representatives of international community, including Members of the European Parliament;
2020/09/02
Committee: AFET
Amendment 254 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point g a (new)
(ga) urge to halt the use of violence against peaceful protesters, immediately release all the political prisoners and all members of civil society arbitrarily detained before, during and after electoral campaign; ensure full restoration and respect for human rights and freedoms, including the freedom of press, freedom of assembly and other political and civil freedoms in Belarus and deplore the appalling acts of violence, cruel repressions and torture against peaceful protesters and detainees, and call for full international investigation of these crimes;
2020/09/02
Committee: AFET
Amendment 264 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point g b (new)
(gb) uphold the decision of EU’s foreign affairs ministers and the European Council to blacklist those responsible for violence and fake presidential elections and impose individual sanctions against Belarusian officials who are liable for or have contributed to the falsification of the results of the presidential elections in Belarus and are responsible or have contributed to violations of civil and human rights; this list should be constantly updated and extended according to the level of crimes committed by Lukashenko regime;
2020/09/02
Committee: AFET
Amendment 270 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point g c (new)
(gc) note that China's president was the first to congratulate Lukashenka after the elections; to express concerns over increasing Chinese investments in strategic infrastructure and warn about the effect of dependency it might create for Belarus;
2020/09/02
Committee: AFET
Amendment 289 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point i
(i) condemn the ongoing intimidation and persecution of opposition figures, including presidential hopefuls, civil society activists and independent journalists; strongly condemn the suppression of internet and media, road blockades, and intimidation of journalists in order to stop the flow of information about the situation in the country as well as denial of access to Belarus for international media, members of parliament or government of democratic community;
2020/09/02
Committee: AFET
Amendment 297 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point i a (new)
(ia) commend actions taken by workers of numerous factories and institutions throughout the country that joined the protests in various ways, including strikes and provide necessary support for those of them who were punished by the regime for exercising their democratic rights;
2020/09/02
Committee: AFET
Amendment 300 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point i b (new)
(ib) welcome numerous acts of solidarity with the people of Belarus, including fundraising, charity and humanitarian assistance; in this regard condemn stopping of humanitarian aid transport organised by "NSZZ Solidarnosc";
2020/09/02
Committee: AFET
Amendment 304 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point j a (new)
(ja) approve the European universal human rights sanctions (European Magnitsky Act) as a regime providing, at the EU level, for restrictive measures, including entry bans and freezing of funds, against individuals liable for violations of human rights and freedoms and responsible for other crimes;
2020/09/02
Committee: AFET
Amendment 325 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point l a (new)
(la) propose to immediately establish an impartial, international mediation mission for Belarus aimed at helping to resolve the political crisis and regulate the conflict situation in the country; in this regard welcomes the initiatives of Sviatlana Tsikhanouskaya to establish national council to lead the negotiations on further peaceful transition of Belarus to democracy, including free and fair elections, and warns against any attempts at criminalizing the body and persecuting its members;
2020/09/02
Committee: AFET
Amendment 361 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point o a (new)
(oa) offer the alternative of strengthened and much closer cooperation with Belarus in case democratic changes, including new elections, become reality;
2020/09/02
Committee: AFET
Amendment 362 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point o b (new)
(ob) work together with the European Commission in order to develop a comprehensive programme for Belarus after the new presidential elections are held, which would allow Belarus to transition towards a free market economy and an open democratic state;
2020/09/02
Committee: AFET
Amendment 11 #

2020/2076(INI)

Draft opinion
Paragraph 1 a (new)
1a. Notes that the COVID-19 pandemic and the resulting economic crisis make it necessary to revise unrealistic EU climate targets, particularly in sectors such as industry and energy;
2020/06/24
Committee: JURI
Amendment 46 #

2020/2076(INI)

Draft opinion
Paragraph 5 a (new)
5a. Points out the disparities that still exist in the levels of economic development of Member States and regions; emphasises the need to use the measures planned for rebuilding Europe’s industrial potential to even out these disparities, as an essential condition for the balanced development of the European Union;
2020/06/24
Committee: JURI
Amendment 51 #

2020/2076(INI)

Draft opinion
Paragraph 6 a (new)
6a. Calls on the Commission to include in the strategy solutions and financial and legal incentives for the European pharmaceutical industry with a view to preventing medicine shortages;
2020/06/24
Committee: JURI
Amendment 58 #

2020/2076(INI)

Draft opinion
Paragraph 7 a (new)
7a. Points out that further strengthening the Single Market and removing existing administrative and legal barriers to free competition within the EU should be priorities in the actions taken to create a new industrial strategy for Europe;
2020/06/24
Committee: JURI
Amendment 73 #

2020/2076(INI)

Draft opinion
Paragraph 9 a (new)
9a. Points out that the European Union has the scientific and economic potential to play a leading role in the global technological race, particularly in areas such as artificial intelligence, technologies based on big data, and systems based on machine learning;
2020/06/24
Committee: JURI
Amendment 76 #

2020/2076(INI)

Draft opinion
Paragraph 9 b (new)
9b. Emphasises that new digital technologies, such as the internet of things, are changing the face of industry, and that the ongoing technological revolution can play an essential role in building a modern and energy-efficient European economy;
2020/06/24
Committee: JURI
Amendment 77 #

2020/2076(INI)

Draft opinion
Paragraph 9 c (new)
9c. Notes that small and medium-sized enterprises play an important role in the European industrial transformation, particularly those working in the domain of new technologies; emphasises the need for continuous support for this type of enterprise through adequate financial support and the provision of preferential competitive conditions on the digital market, where large, multinational enterprises from outside the European Union continue to dominate; points out that the proposed provisions on copyright, access to data and innovation should take into account this disparity in the potential of companies with such radically different market positions;
2020/06/24
Committee: JURI
Amendment 82 #

2020/2076(INI)

Draft opinion
Paragraph 9 d (new)
9d. Calls for the strategy to take into account the specific needs of less technologically advanced industrial regions, which depend heavily on solid fossil fuels and which are most affected by the energy transition; stresses the need to consider the risk of job losses caused by the industrial transformation, and the need to ensure workers have the appropriate level of qualifications and digital competence;
2020/06/24
Committee: JURI
Amendment 29 #

2020/2073(INL)

Motion for a resolution
Recital B a (new)
Ba. whereas the COVID-19 pandemic and the restrictions of access to sport events have created a drop in the sale of tickets for sport events and at the same time created opportunities for developing subscription to sport channels, and for enlarging online and tele broadcast audience, as well as for illegal streaming of sport event;
2020/12/15
Committee: JURI
Amendment 31 #

2020/2073(INL)

Motion for a resolution
Recital B b (new)
Bb. whereas free-to-air broadcasts of sport events have also been highly affected by piracy;
2020/12/15
Committee: JURI
Amendment 33 #

2020/2073(INL)

Motion for a resolution
Recital C
C. whereas, unlike other sectors, most of the value of a sport event broadcast lies in the fact that it is live and most of that value is lost when the event ends; whereas illegal streaming of sport event broadcast is more harmful in the first thirty minutes of its appearance online; whereas, consequently and only in this context, a swift reaction is needed to put an end to the illegal transmission online of sport events;
2020/12/15
Committee: JURI
Amendment 42 #

2020/2073(INL)

Motion for a resolution
Recital E
E. whereas the professional illegal transmission of a whole sport event shouldis to be distinguished from short sequences shared among fans and pertaining to fan culture and from content shared by journalists for the purpose of informing the general public as set out in the Audiovisual Media Services Directive; whereas, at the same time, the measures aimed at protecting broadcast rights against illegal use and piracy must not affect press freedom and the news media’s ability to inform citizens;
2020/12/15
Committee: JURI
Amendment 68 #

2020/2073(INL)

Motion for a resolution
Paragraph 1 a (new)
1a. Considers that sport plays an important role in society and that the exploitation of sport events could participate to a larger extent in the financing of sporting activities that are beneficial to society at large;
2020/12/15
Committee: JURI
Amendment 71 #

2020/2073(INL)

Motion for a resolution
Paragraph 2 a (new)
2a. Notes that, although sport events as such cannot be subject of copyright protection, the CJEU has confirmed that they have a unique and, to that extent original character which can transform them into subject-matter that is worthy of protection comparable to the protection of works; reminds that Union law provides for the protection of the audio-visual recording of a sport event and its broadcast, but sport events’ organisers can only benefit from this protection in some Member States;
2020/12/15
Committee: JURI
Amendment 80 #

2020/2073(INL)

Motion for a resolution
Paragraph 3 a (new)
3a. Observes that the unauthorised streaming of sport events is a growing phenomenon that is harmful to the sport ecosystem and to consumers;
2020/12/15
Committee: JURI
Amendment 92 #

2020/2073(INL)

Motion for a resolution
Paragraph 6
6. Underlines, also, that the general framework provided for by Union law is not applied in a similar way in national legislation and that civil procedure and notice and take down mechanisms differ from one Member State to another; is of the view that there is a lack of efficiency of enforcement tools in the cross-border context; calls for further harmonisation of the procedures and remedies in the Union in this specific context; stresses that national enforcement agencies and authorities are struggling with challenges such as lack of training and resources; underlines the importance of close collaboration and exchange of best practices by the relevant authorities at European level with national authorities and relevant actors to improve the overall infrastructure throughout the Union;
2020/12/15
Committee: JURI
Amendment 120 #

2020/2073(INL)

Motion for a resolution
Paragraph 10 a (new)
10a. Considers, in that regard, that the enforcement measures for the protection of live content should be effective and proportionate;
2020/12/15
Committee: JURI
Amendment 15 #

2020/2072(INL)

Draft opinion
Paragraph 1 a (new)
1a. Highlights the need to ensure full objectivity when drawing up evaluation metrics and criteria as part of the Mechanism on Democracy, the Rule of Law and Fundamental Rights, in order to prevent the creation of double standards and the concentration of scrutiny on certain Member States for purely political reasons;
2020/07/17
Committee: JURI
Amendment 18 #

2020/2072(INL)

Draft opinion
Paragraph 1 b (new)
1b. Emphasises that the EU Mechanism on Democracy, the Rule of Law and Fundamental Rights should, in accordance with Article 4 of the Treaty on the Functioning of the European Union, be based on respect for Member States’ national identities and fundamental political, constitutional and judicial structures;
2020/07/17
Committee: JURI
Amendment 25 #

2020/2072(INL)

Draft opinion
Paragraph 2
2. Emphasises that an independent and impartial judiciary is an indispensable cornerstone of the rule of law; highlights that the requirement that courts be independent is of the essence to the fundamental right to effective judicial protection and a fair trial and to ensure that all rights deriving from Union law are protected; stresses that every national court is also a European court when applying Union law; is worried that recent attacks on the rule of law have mainly consisted of attempts to jeopardise judicial independence;
2020/07/17
Committee: JURI
Amendment 75 #

2020/2072(INL)

Draft opinion
Paragraph 8
8. Calls on the Commission to pay special attention to the implementation in Member States of adequately funded legal aid schemes and, to the quality and affordability of the legal assistance provided, and to the length and transparency of legal proceedings, and to assess any obstacles currently preventing citizens without resources from effectively accessing justice;
2020/07/17
Committee: JURI
Amendment 9 #

2020/2071(INI)

Draft opinion
Recital A a (new)
A a. whereas the European Commission's response to the COVID-19 pandemic was late and insufficient, and the burden of fighting the coronavirus was mainly on the Member States;
2020/05/19
Committee: TRAN
Amendment 12 #

2020/2071(INI)

Draft opinion
Recital B a (new)
B a. whereas free competition in the road transport sector, the absence of administrative barriers and easy access to transport services, including cabotage, play a crucial role in ensuring an adequate level of supply of medicines and medical devices and preventing their shortages;
2020/05/19
Committee: TRAN
Amendment 17 #

2020/2071(INI)

Draft opinion
Recital C a (new)
C a. whereas ensuring patient access is one of the core objectives of the Union and the WHO, and of the Sustainable Development Goals, and whereas patients rely on equitable and sustainable access to medicines based on a sustainable, competitive, multi-source and well- functioning single market;
2020/05/19
Committee: TRAN
Amendment 21 #

2020/2071(INI)

Draft opinion
Recital C b (new)
C b. whereas the COVID-19 pandemic demonstrated the importance of coordination between EU policies and department to promptly and efficiently react to emergencies as well as to prevent medicines shortages, and to mitigate them in case they occur;
2020/05/19
Committee: TRAN
Amendment 24 #

2020/2071(INI)

Draft opinion
Recital C c (new)
C c. whereas the COVID-19 pandemic stressed that European coordination among the EU institutions, the Member States, regulators and pharmaceutical supply chain experts is vital to respond to health crisis and to supply disruption such as shortages of medicines in all policy areas;
2020/05/19
Committee: TRAN
Amendment 35 #

2020/2071(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Calls on the Commission to coordinate a European response to medicines shortages to ensure equitable and sustainable access to medicines; believes that a coordinated EU response is of utmost importance to avoid spillover effects of individual and uncoordinated national measures to address medicines shortages and ensure the right of patients to universal, equitable, affordable, effective, safe and timely access to essential medicines, as well as to guarantee the sustainability of the EU public healthcare systems;
2020/05/19
Committee: TRAN
Amendment 60 #

2020/2071(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Calls on the Commission to provide financial and organisational support to the Member States and transport operators in urgent cases, to prioritise and provide reserved space in all cargoes for essential goods (such as medicines, active pharmaceutical ingredients, medical equipment, etc.)
2020/05/19
Committee: TRAN
Amendment 69 #

2020/2071(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Underlines that restricting the supply of transport services by creating market or administrative barriers poses a serious threat to the continuity of supply of medicines, medical devices and other medical products and may be a reason for their shortage in the common market;
2020/05/19
Committee: TRAN
Amendment 77 #

2020/2071(INI)

Draft opinion
Paragraph 7
7. Notes that the COVID-19 outbreak has laid barmade the weaknesses of the European production systemgoods distribution system during extraordinary circumstances, highlighting the importance of timely deliveringy of medicines swiftly in urgent and exceptional circumstances that could ariseoccur in the future.;
2020/05/19
Committee: TRAN
Amendment 81 #

2020/2071(INI)

Draft opinion
Paragraph 7 a (new)
7 a. Underlines that flexibility in the approach to rules on working and rest time in road transport had played an essential role in making the distribution chain for medicines and medical devices more efficient when the COVID-19 pandemic erupted; stresses that European rules in this area should take greater account of such emergencies and provide for flexibility in the approach to working time issues;
2020/05/19
Committee: TRAN
Amendment 35 #

2020/2027(INI)

Motion for a resolution
Recital H
H. whereas in some cases, corporate board members are aware of activities with a high risk of causing environmental damage, but put profit above responsible behaviour;deleted
2020/12/18
Committee: JURI
Amendment 46 #

2020/2027(INI)

Motion for a resolution
Paragraph 2
2. Observes that the discretionary powermechanisms set out in the ELD and the weak mechanisms for securing compliance and effective governance at national, regional and local level have led to implementation deficiencies, considerable variability between Member States in the number of cases, and an uneven playing field for operators; is therefore of the opinion that additional efforts are required to ensure regulatory standardisation in the EU and increased public confidence in the effectiveness of EU lawsneed to be reviewed to assess their effectiveness; is of the opinion that additional efforts are required to ensure better harmonisation of rules in the EU;
2020/12/18
Committee: JURI
Amendment 69 #

2020/2027(INI)

Motion for a resolution
Paragraph 8
8. Calls for the ELD to be revised as soon as possible and to be transformed into a fully harmonised regulationfor increased efforts to harmonise its implementation in the Member States in order to achieve a level playing field for EU industry;
2020/12/18
Committee: JURI
Amendment 84 #

2020/2027(INI)

Motion for a resolution
Paragraph 10
10. Believes that most definitions in the ELD should be further clarified to make the directive fair and clear to all stakeholders and to keep pace with the rapid evolution of pollutants; welcomes therefore the current efforts to develop a common understanding document (CUD) on key ELD definitions and concepts; regrets, however, that the Commission and the ELD government expert groups did not reach an agreement on its format, meaning that the CUD remains a document produced by the consultancy which was hired by the Commission to support the implementation of the 2017- 2020 Multi-annual ELD Work Programme;
2020/12/18
Committee: JURI
Amendment 122 #

2020/2027(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Commission to align the ELD with civil liability legislation for corporate boards in cases where a corporate board has taken irresponsible decisions causing environmental damage or when it was aware of, but did nothing to prevent, polluting activities carried out to maximise the profit of the company and increase the bonuses of its members21; _________________ 21E.g. the 'dieselgate' scandal and the case of the CEO of Volkswagen.deleted
2020/12/18
Committee: JURI
Amendment 131 #

2020/2027(INI)

Motion for a resolution
Paragraph 15
15. Asks the Commission to look into the possibilexamine the potential benefitys of introducing a mandatory financial security system (covering insurance, bank guarantees, company pools and bonds or funds) with a maximum threshold per case, aiming to prevent taxpayers from having to bear the costs resulting from remediation of environmental damage; asks the Commission, in addition, to develop a harmonised EU methodology for calculating the maximum liability threshold, taking into account the activity and the impact on the environment;
2020/12/18
Committee: JURI
Amendment 135 #

2020/2027(INI)

Motion for a resolution
Paragraph 16
16. Considers that, given the purpose of the ELD is to prevent and remedy environmental damage, a futurthe regsulation (Environmental Liability Regulation)ts of its review should be applicable to all companies that operate in the EU, regardless of where they have been incorporated or where they are based, and that a holistic approach and reciprocity are necessary to meet the needs of companies in a global economy;
2020/12/18
Committee: JURI
Amendment 147 #

2020/2027(INI)

Motion for a resolution
Paragraph 17
17. Is of the opinion that in cases of extremely widespread pollution, not just environmental liability instruments, but a multitude of instruments, including administrative measures, and financial penalties and in some cases criminal prosecution, should be applied to remedy the problem;
2020/12/18
Committee: JURI
Amendment 8 #

2020/2023(INI)

Draft opinion
Paragraph 6
6. Highlights the importance that the host state plays in ensuring that any administrative procedure for applications for residence status is smooth, transparent and simple and, that unnecessary burdens are avoided and that it is accessible in terms of the costs to the citizen;
2020/04/02
Committee: PETI
Amendment 11 #

2020/2023(INI)

Draft opinion
Paragraph 7
7. Considers that the system proposed by the UK Home Office (‘the registration procedure’) for EU-27 nationals to apply for residence status is not as transparent and simple as it should be; considers that it creates unnecessary and unfairdisproportionate administrative burdens on citizens of the EU-27;
2020/04/02
Committee: PETI
Amendment 15 #

2020/2023(INI)

Draft opinion
Paragraph 8
8. Insists on the need for an independent monitoring authority (IMA) consisting of representatives of all Member States to oversee how the Agreement is applied, to ensure that commitments are respected, and to create legal certainty in the lives of EU-27/EEA citizens and their families in the UK;
2020/04/02
Committee: PETI
Amendment 17 #

2020/2023(INI)

Draft opinion
Paragraph 9
9. Expresses concern over the current implementation of the EU Settlement Scheme and the potential consequences for those who fail to apply before the deadline; expresses its concern overstrongly condemns the language used by the UK Home Office regarding possible deportations of EU citizens and the lack of measures in place to assist vulnerable citizens;
2020/04/02
Committee: PETI
Amendment 19 #

2020/2023(INI)

Draft opinion
Paragraph 9 a (new)
9a. Stresses the need to pay particular attention to the needs of children from mixed families where only one of the parents is an EU citizen; stresses the need to provide appropriate legal mechanisms for resolving disputes between parents, for instance in the case of divorce, in a way that does not discriminate against citizens of Member States by restricting their right to access to the child;
2020/04/02
Committee: PETI
Amendment 22 #

2020/2023(INI)

Draft opinion
Paragraph 10
10. Notes that the United Kingdom has decided that the principle of free movement of persons between the Union and the United Kingdom will no longer apply after the transition period; insists on the need for the future partnership to include ambitious provisions on the movement of persons, based on full reciprocity and non-discrimination among Member States; stresses that the border- crossing regime should not create a burdensome administrative or financial barrier;
2020/04/02
Committee: PETI
Amendment 25 #

2020/2023(INI)

Draft opinion
Paragraph 11 a (new)
11a. Recalls that maintaining seamless air, rail, maritime and road transport between the United Kingdom and the EU is essential to maintaining jobs in sectors such as passenger and goods transport and tourism; stresses the need to find effective mechanisms to protect passengers’ rights in cross-border traffic, particularly in the event of transport cancellations or delays, irrespective of the means of transport;
2020/04/02
Committee: PETI
Amendment 6 #

2020/2018(INL)

Draft opinion
Recital A a (new)
A a. having regard to the positive impact of the functioning of digital platforms on the accessibility of transport and tourism services, as well as their important contribution to the development of intelligent transport system technologies, particularly in the area of autonomous vehicles;
2020/05/07
Committee: TRAN
Amendment 23 #

2020/2018(INL)

Draft opinion
Paragraph 2
2. Calls on the Commission to clarify the scope of liability of Transport and Tourism platforms;, invites the Commission to set a uniform obligation for platforms to verify the legality of the service offered and the service provider and to act on illegal content, through a legally binding Notice and Action procedure. particular by drawing a clear line between the liability of the platform and of the user; points out that the issue of civil liability is one of the greatest challenges for the full exploitation of the potential of artificial intelligence in the area of autonomous mobility;
2020/05/07
Committee: TRAN
Amendment 29 #

2020/2018(INL)

Draft opinion
Paragraph 2 a (new)
2 a. Calls on the Commission to establish a legal obligation for digital platforms to verify that the services they offer are legal and that their providers have all the permits, licences and certificates required under national or European law; stresses that the issue of insecurity in using transport and tourism services offered by digital platforms represents a major challenge and a significant barrier to their further development;
2020/05/07
Committee: TRAN
Amendment 35 #

2020/2018(INL)

Draft opinion
Paragraph 2 b (new)
2 b. Calls on the Commission to create a legal framework for the development of technologies that make use of artificial intelligence and big data in the transport sector; stresses that the mobility of the future will be based on autonomous vehicles and intelligent infrastructure that communicate with each other in real time;
2020/05/07
Committee: TRAN
Amendment 41 #

2020/2018(INL)

Draft opinion
Paragraph 3
3. Stresses the importance of establishing a European Authority tasked with overseeing the online platform market, with offices for Transport and Tourism, which collaborates closely with the competent authorities in the Member States.
2020/05/07
Committee: TRAN
Amendment 58 #

2020/2018(INL)

Draft opinion
Paragraph 5 a (new)
5 a. Stresses that the development of a data-based economy must not take place at the expense of protecting users' personal data; notes that so-called raw data, i.e. unprocessed and non-personal data, generated by platforms operating in the field of transport can serve important social purposes; calls on the Commission to create a legal framework and a system of incentives to make raw data available to third parties for the purposes of research and cooperation between platforms in the area of interoperability;
2020/05/07
Committee: TRAN
Amendment 66 #

2020/2018(INL)

Draft opinion
Paragraph 6 a (new)
6 a. Stresses that limited competition in the market for digital services in transport and tourism creates a significant barrier for small and medium-sized enterprises; recommends that the Commission's planned legislation should take into account the differences in potential between operators in the single market in terms of the administrative or financial burdens that they face;
2020/05/07
Committee: TRAN
Amendment 72 #

2020/2018(INL)

Draft opinion
Paragraph 7
7. CStresses that the functioning of digital platforms in the field of transport and tourism has played a positive role in creating new jobs, especially for young people and unskilled workers; calls on the Commission to come up with a comprehensive framework to align the working conditions of platform workers with those of regular employees;
2020/05/07
Committee: TRAN
Amendment 80 #

2020/2018(INL)

Draft opinion
Paragraph 8
8. Emphasizes the need forto guarantee transparency in the internal rules of Transport and Tourism platforms, specifically on algorithms affecting service, pricing, and advertising.as well as their compliance with European consumer rights protection standards;
2020/05/07
Committee: TRAN
Amendment 84 #

2020/2018(INL)

Draft opinion
Paragraph 8 a (new)
8 a. Calls for full transparency in the operation of digital platforms in the transport and tourism sectors, especially as regards those registered in third countries, in terms of the algorithms affecting the availability of services, the prices offered or user profiling for advertising;
2020/05/07
Committee: TRAN
Amendment 91 #

2020/2018(INL)

Draft opinion
Paragraph 9 a (new)
9 a. Underlines the positive impact of digital tools in promoting sustainable urban mobility; points out that modern technological solutions can play a key role in achieving the goal of reducing to zero the number of fatalities and serious injuries resulting from road accidents by 2050; calls on the Commission to take this objective into account in the proposed legislation;
2020/05/07
Committee: TRAN
Amendment 4 #

2020/2014(INL)

Motion for a resolution
Citation 23 a (new)
- having regard to Judgment of the Court (First Chamber) of 4 June 2009, Moteurs Leroy Somer v Dalkia France and Ace Europe (Case C-285/08),
2020/05/28
Committee: JURI
Amendment 19 #

2020/2014(INL)

Motion for a resolution
Recital C a (new)
Ca. whereas all legislative activities in the Union, related to the explicit assignment of responsibility as regards AI-systems, should be preceded by analysis and consultation with the Member States on the compliance of the proposed regulations with economic, legal and social conditions;
2020/05/28
Committee: JURI
Amendment 20 #

2020/2014(INL)

Motion for a resolution
Recital C b (new)
Cb. whereas the issue of the civil liability regime for artificial intelligence should be the subject of a broad public debate, taking into account ethical, legal, economic and social aspects, to avoid misunderstandings and unjustified fears that this technology may cause among citizens;
2020/05/28
Committee: JURI
Amendment 31 #

2020/2014(INL)

Motion for a resolution
Recital F a (new)
Fa. whereas legal certainty is an essential condition for the dynamic development of AI-based technology and its practical application in everyday life; whereas the user needs to be sure that potential damage caused by systems using the AI is covered by adequate insurance and that there is a defined legal route for redress;
2020/05/28
Committee: JURI
Amendment 42 #

2020/2014(INL)

Motion for a resolution
Paragraph 1
1. Considers that the challenge related to the introduction of AI-systems into society and the economy is one of the most important questions on the current political agenda; whereas technologies based on A I could improve our lives in almost every sector, from the personal sphere (e.g. personalised education, fitness programs) to global challenges (e.g. climate change, hunger and starvation)to global challenges;
2020/05/28
Committee: JURI
Amendment 49 #

2020/2014(INL)

Motion for a resolution
Paragraph 2
2. Firmly believes that in order to efficiently exploit the advantages and prevent potential misuses, principle-based and future-proof legislation across the EU for all AI-systems is crucial; is of the opinion that, while sector specific regulations for the broad range of possible applications are preferable, a horizontal legal framework based on common principles seems necessary to establish equal standards across the Union and effectively protect our European values;
2020/05/28
Committee: JURI
Amendment 52 #

2020/2014(INL)

Motion for a resolution
Paragraph 3 a (new)
3a. Notes that the global Artificial Intelligence race is already underway and that the Union should play in it a leading role by exploiting its scientific and technological potential; strongly emphasises that technology development must not come at the expense of protecting users from damage that can be caused by devices and systems using the AI; encourages the promotion at international level of the standards on civil liability in the context of the AI developed in the Union;
2020/05/28
Committee: JURI
Amendment 62 #

2020/2014(INL)

Motion for a resolution
Paragraph 5
5. Believes that there is no need for a complete revision of the well-functioning liability regimes but that the complexity, connectivity, opacity, vulnerability and autonomy of AI-systems nevertheless represent a significant challenge; considers that specific adjustments of the liability regimes are necessary to avoid a situation in which persons who suffer harm or whose property is damaged end up without compensation;
2020/05/28
Committee: JURI
Amendment 68 #

2020/2014(INL)

Motion for a resolution
Paragraph 6
6. Notes that all physical or virtual activities, devices or processes that are driven by AI-systems may technically be the direct or indirect cause of harm or damage, yet are alwaysoverwhelmingly the result of someone building, deploying or interfering with the systems; is of the opinion that the opacity and autonomy of AI-systems could make it in practice very difficult or even impossible to trace back specific harmful actions of the AI-systems to specific human input or to decisions in the design; recalls that, in accordance with widely- accepted liability concepts, one is nevertheless able to circumvent this obstacle by making the persons who create, maintain or control the risk associated with the AI-system, accountable;
2020/05/28
Committee: JURI
Amendment 98 #

2020/2014(INL)

Motion for a resolution
Paragraph 12 a (new)
12a. Notes that giving legal personality to artificial intelligence is neither necessary nor desirable, as the damage caused by the functioning of this new technology can and should be attributed to the responsible producer or deployer;
2020/05/28
Committee: JURI
Amendment 115 #

2020/2014(INL)

Motion for a resolution
Paragraph 15
15. Recommends that all high-risk AI- systems be listed in an Annex to the proposed Regulation; recognises that, given the rapid technological change and the required technical expertise, it should be up to the Commission to review that Annex every sixthree months and if necessary, amend it through a delegated act; believes that the Commission should closely cooperate with a newly formed standing committee similar to the existing Standing Committee on Precursors or the Technical Committee on Motor Vehicles, which include national experts of the Member States and stakeholders; considers that the balanced membership of the ‘High- Level Expert Group on Artificial Intelligence’ could serve as an example for the formation of the group of stakeholders;
2020/05/28
Committee: JURI
Amendment 117 #

2020/2014(INL)

Motion for a resolution
Paragraph 15 a (new)
15a. Notes that the development of technologies based on artificial intelligence is hugely dynamic and continuously accelerating; stresses that to ensure adequate protection for users, a fast-track approach is needed to analyse new devices and systems using the AI- systems that emerge on the European market, concerning potential risks; recommends Commission that all procedures in this regard should be simplified as much as possible;
2020/05/28
Committee: JURI
Amendment 129 #

2020/2014(INL)

Motion for a resolution
Paragraph 17 a (new)
17a. Stresses that the producer's liability for system or device based on artificial intelligence solutions should be consistently linked to the impossibility of contractually excluding civil liability in this respect - including in Businesses-to- Businesses and Businesses-to- Administration relations;
2020/05/28
Committee: JURI
Amendment 183 #

2020/2014(INL)

Motion for a resolution
Annex I – part B – recital 5
(5) Any discussion about required changes in the existing legal framework should start with the clarification that AI- systems have neither legal personality nor human conscience, and that their sole task is to serve humanity. Many AI-systems are also not so different from other technologies, which are sometimes based on even more complex software. Ultimately, the large majority of AI- systems are used for handling trivial tasks without any risks for the society. There are however alsoThere are AI-systems that are deployed in a critical manner and are based on neuronal networks and deep-learning processes. Their opacity and autonomy could make it very difficult to trace back specific actions to specific human decisions in their design or in their operation. A deployer of such an AI- system might for instance argue that the physical or virtual activity, device or process causing the harm or damage was outside of his or her control because it was caused by an autonomous operation of his or her AI-system. The mere operation of an autonomous AI-system should at the same time not be a sufficient ground for admitting the liability claim. As a result, there might be liability cases in which a person who suffers harm or damage caused by an AI-system cannot prove the fault of the producer, of an interfering third party or of the deployer and ends up without compensation.
2020/05/28
Committee: JURI
Amendment 190 #

2020/2014(INL)

Motion for a resolution
Annex I – part B – recital 6
(6) Nevertheless, it should always be clear that whoever creates, maintains, controls or interferes with the AI-system, should be accountable for the harm or damage that the activity, device or process causes. This follows from general and widely accepted liability concepts of justice according to which the person that creates a risk for the public is accountable if that risk materializes. Consequently, the risHowever, the increasing and rapid emergence of AI- systems does not pose a need for a complete revision ofis linked to the need to revise liability rules throughout the Union. Specific adjustments of the existing legislation and very few new provisions would be sufficientnot be enough to accommodate the AI-related challenges.
2020/05/28
Committee: JURI
Amendment 266 #

2020/2014(INL)

Motion for a resolution
Annex I – part B – Article 2 – paragraph 2
2. Any agreement between a deployer of an AI-system and a natural or legal person who suffers harm or damage because of the AI-system, which circumvents or limits the rights and obligations set out in this Regulation, whether concluded before or after the harm or damage has been causoccurred, shall be deemed null and void.
2020/05/28
Committee: JURI
Amendment 268 #

2020/2014(INL)

Motion for a resolution
Annex I – part B – Article 2 – paragraph 3
3. This Regulation is without prejudice to any additional liability claims resulting from contractual relationships between the deployer and the natural or legal person who suffered harm or damage because of the AI-system and that may be brought against the deployer according to Union or national law.
2020/05/28
Committee: JURI
Amendment 295 #

2020/2014(INL)

Motion for a resolution
Annex I – part B – Article 3 – point g
(g) ‘producer’ means the developer, servicer or the backend operator of an AI- system, or the producer as defined in Article 3 of Council Directive 85/374/EEC7 . _________________ 7 Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, OJ L 210, 7.8.1985, p. 29.
2020/05/28
Committee: JURI
Amendment 344 #

2020/2014(INL)

Motion for a resolution
Annex I – part B – Article 5 – paragraph 1 – point a
(a) up to a maximum total amount ofnot less than EUR ten million in the event of the death or of harm causeddamage to the health or physical integrity of one or severalmore persons as the result of the same operation ofresulting from the same high-risk AI-system;
2020/05/28
Committee: JURI
Amendment 351 #

2020/2014(INL)

Motion for a resolution
Annex I – part B – Article 5 – paragraph 1 – point b
(b) up to a maximum total amount not less of EUR two million in the event of damage caused to property or data, including when several items of property of one or several persons were damaged as a result of the same operation of the same high-risk AI- system; where the affected person also holds a contractual liability claim against the deployer, no compensation shall be paid under this Regulation if the total amount of the damage to property is of a value that falls below EUR 5100.
2020/05/28
Committee: JURI
Amendment 372 #

2020/2014(INL)

Motion for a resolution
Annex I – part B – Article 7 – paragraph 2 – point a
(a) 105 years from the date when the property damage occurred, or
2020/05/28
Committee: JURI
Amendment 375 #

2020/2014(INL)

Motion for a resolution
Annex I – part B – Article 7 – paragraph 2 – point b
(b) 340 years from the date on which the operation of the high-risk AI-system that subsequently caused the property damage took place.
2020/05/28
Committee: JURI
Amendment 403 #

2020/2014(INL)

Motion for a resolution
Annex I – part B – Article 10 – paragraph 1
1. If the harm or damage is caused both by a physical or virtual activity, device or process driven by an AI-system and by the actions of an affected person or of any person for whom the affected person is responsible, the deployer’s extent of liability under this Regulation shall be reduced accordingly. The deployer shall not be liable if the affected person or the person for whom he or she is responsible is solely or predominantly accountable for the harm or damage caused.
2020/05/28
Committee: JURI
Amendment 2 #

2020/2012(INL)

Draft opinion
Recital A
A. whereas Artificial Intelligence (AI) is a strategic technology for the transport sector and is expected to benefit citizens and society, by improving the quality of life, raising the safety level of all modes of transport, creating new employment opportunities and more sustainable business models;
2020/05/19
Committee: TRAN
Amendment 4 #

2020/2012(INL)

Draft opinion
Recital B
B. whereas a European approach to AI needs to include ethical aspects ofartificial intelligence should address, as a matter of priority, the ethical aspects and dilemmas associated with AI to ensure that it is human-centric, enhances human well- being, a sense of security, the well-being of society and the environment, and fully respects EU fundamental rights and values;
2020/05/19
Committee: TRAN
Amendment 7 #

2020/2012(INL)

Draft opinion
Recital C a (new)
C a. whereas the full potential of AI in the transport sector can only be exploited if users are aware of the potential benefits and challenges that this technology brings; whereas it is necessary to incorporate this issue into the education process, including in terms of combating digital exclusion, and to conduct information campaigns at European level that give an accurate representation of all aspects of AI development;
2020/05/19
Committee: TRAN
Amendment 9 #

2020/2012(INL)

Draft opinion
Recital D
D. whereas the EU aimed to reduce annual road fatalities in the EU by 50% by 2020 compared to 2010, but, in view of stagnating progress, renewed its efforts in its Road Safety Policy Framework 2021 - 2030 - Next steps towards "Vision Zero"; whereas in this regard, automation and new technologies have a great potential to increaseare of vital importance in increasing the level of road safety by avoiding human error;
2020/05/19
Committee: TRAN
Amendment 21 #

2020/2012(INL)

Draft opinion
Paragraph 1
1. Highlights the potential of AI for all autonomous means of road, rail, waterborne and air transport of passengers and goods;
2020/05/19
Committee: TRAN
Amendment 40 #

2020/2012(INL)

Draft opinion
Paragraph 3 a (new)
3 a. Stresses that the development and spread of AI must not restrict access to transport services; points out that the cost of this technology will create a significant barrier to the ownership of autonomous cars and will create the need for a public system offering an access service to such vehicles in order to combat traffic exclusion;
2020/05/19
Committee: TRAN
Amendment 45 #

2020/2012(INL)

Draft opinion
Paragraph 4 a (new)
4 a. Points out that the development of artificial intelligence technologies in the transport sector raises serious ethical challenges for the future of the labour market, particularly in the area of passenger and goods transport; recommends that the Commission take this problem into account in its impact assessments of AI legislation;
2020/05/19
Committee: TRAN
Amendment 47 #

2020/2012(INL)

Draft opinion
Paragraph 5
5. Calls on the Commission to explore the possibility of entrusting a relevant existing EU agency with enforcement and sanction mechanisms, so that actions can be taken if an AI system used in transport violates fundamental rights or the European ethical and security framework;deleted
2020/05/19
Committee: TRAN
Amendment 51 #

2020/2012(INL)

Draft opinion
Paragraph 5 a (new)
5 a. Calls on the Commission to work closely with Member States on the design, implementation and enforcement of European ethical and safety standards for AI; notes that the EU has the potential to become a global leader in promoting a socially responsible approach to this technology and its use;
2020/05/19
Committee: TRAN
Amendment 53 #

2020/2012(INL)

Draft opinion
Paragraph 6
6. Calls on the Commission to further support the development of trustworthy AI systems in order to render transport more efficient, accessible, affordable and inclusive, including for persons with reduced mobility, particularly persons with disabilities.
2020/05/19
Committee: TRAN
Amendment 55 #

2020/2012(INL)

Draft opinion
Paragraph 6 a (new)
6 a. Notes that the development and implementation of AI in the transport sector will not be possible without modern infrastructure, which is an essential part of intelligent transport systems; stresses that the persistent divergences in the level of development between Member States create the risk of depriving the least developed regions and their inhabitants of the benefits brought by the development of autonomous mobility; calls for the modernisation of infrastructure in the EU, including its integration into the 5G network, to be adequately funded;
2020/05/19
Committee: TRAN
Amendment 6 #

2020/2007(INI)

Draft opinion
Recital A a (new)
Aa. whereas the European Professional Card enhances safe professional mobility and creates a framework for a simpler, faster and more transparent recognition of the qualifications;
2020/10/30
Committee: IMCO
Amendment 17 #

2020/2007(INI)

Draft opinion
Paragraph 1
1. Highlights that, in the present health crisis, free movement of workers in the field of health services clearly demonstrates the benefits of the PQD;, especially given its digital elements and proven effectiveness in facilitating labour mobility1a; calls to further expand the list of professions that could be governed within the framework of the EPC to offer swift and less burdensome way of recognising qualifications for European workers; __________________ 1aKoumenta, M. and Pagliero, M., Measuring Prevalence and Labour Market Impacts of Occupational Regulation in the EU, 2016, p. 88.
2020/10/30
Committee: IMCO
Amendment 24 #

2020/2007(INI)

Draft opinion
Paragraph 1 a (new)
1a. Underlines, that uninterrupted mobility of health professionals and carers should be ensured where possible, in view of the COVID-19 pandemic as well as future demographic challenges;
2020/10/30
Committee: IMCO
Amendment 30 #

2020/2007(INI)

Draft opinion
Paragraph 2
2. Regrets that insufficient national implementation of existing legislation continues to seriously hamper the free mobility of workers within the EU to the detriment of workers and the European economy as a whole; urges the Members States to refrain from gold-plating the legislation in order to safeguard their markets from fair competition; points at lack of harmonised interpretation of EU law by the Member States such as the recently revised Posting of Workers Directive 2018/957/EU, which leads to lack of legal clarity and bureaucratic burdens for companies providing services in various Member States;
2020/10/30
Committee: IMCO
Amendment 35 #

2020/2007(INI)

Draft opinion
Paragraph 2 a (new)
2a. Regrets insufficient access to information with regards to mobility of services; underlines that information available on single official national websites is often provided in few languages only and limited in scope; underlines, that access to information on domestic collective agreements is especially difficult; calls on the relevant European and national authorities to take appropriate steps aimed at establishing a single template for single official national websites and to make them compatible with SDG to ease access to relevant information between different Members States;
2020/10/30
Committee: IMCO
Amendment 54 #

2020/2007(INI)

Draft opinion
Paragraph 4
4. Recalls that the Services Directive and the PQD builds on the principle of mutual recognition to facilitate free movement of services and recommends to extend this principle to the Services Directive; believes that the continuous updating of the Annex V of the PDQ, which lists all the qualifications that comply with the minimum requirements could further benefit professionals in Europe; calls on the Member States to extend mutual recognition to more levels of education and to improve or introduce the necessary procedures as soon as possible;
2020/10/30
Committee: IMCO
Amendment 63 #

2020/2007(INI)

Draft opinion
Paragraph 5
5. Encourages the Commission to fully enforce existing rules and to make quick decisions on complaints to ensure that relevant issues from an end-user perspective are promptly handled and efficiently settled; calls for alternative resolution mechanisms to be assessed and for infringement procedures to be applied swiftly and rigorously whenever breaches of relevant legislation are identified or disproportionate burdens introduced;
2020/10/30
Committee: IMCO
Amendment 67 #

2020/2007(INI)

Draft opinion
Paragraph 5 a (new)
5a. Notes that mobility of labour and services complexity increased in the recent years due to number of new European and national rules; calls on the Commission to regularly screen the Internal Market for administrative burdens and to lift them; asks the Commission and the Members States to devote additional resources to improve the functioning of the SOLVIT system as a way for a swift resolution of administrative problems in the Member States;
2020/10/30
Committee: IMCO
Amendment 76 #

2020/2007(INI)

Draft opinion
Paragraph 6
6. Calls on the Commission to improve tools such as the Points of Single Contact and the Single Digital Gateway and on the Member States to use such tools to provide workers, consumers and businesses with accurate and easily accessible information regarding their rights and obligations related to free movement within the single market.; recalls the need to accelerate the modernisation of the public administration so that it can process communication with citizens and businesses in a digital way;
2020/10/30
Committee: IMCO
Amendment 80 #

2020/2007(INI)

Draft opinion
Paragraph 6 a (new)
6a. Emphasises that due to the growing volume of labour and services’ mobility, digitalisation is a must; is of the opinion that the digital tools designed to facilitate mobility of labour and services as well as an exchange of the information between the different social security systems, such as digital A1Portable Document form, will improve workers’ protection, reduce administrative burdens and improve Member States cooperation;
2020/10/30
Committee: IMCO
Amendment 85 #

2020/2007(INI)

Draft opinion
Paragraph 6 b (new)
6b. Supports the Commission's Communication on "Long term action plan for better implementation and enforcement of Single Market rules" especially the proposals to: reinforce SOLVIT as a tool for Single Market dispute resolution, increase the Commission activity and support to the Member States as they transpose the EU law to ensure correct and harmonised interpretation across the Internal Market, create a Single Market obstacles tool under the Single Digital Gateway, allowing citizens and businesses to report anonymously on regulatory obstacles encountered by them while exercising their internal market rights; highlights further that the Commission should act decisively to mitigate discovered obstacles, as in the past identifying issues itself frequently led to little few achievements;
2020/10/30
Committee: IMCO
Amendment 86 #

2020/2007(INI)

Draft opinion
Paragraph 6 c (new)
6c. Calls on the Member States, to implement the updated Commission Guidelines concerning the exercise of the free movement of workers during COVID- 19 outbreak in order to allow workers, in particular transport, frontier, posted and seasonal workers, and service providers to cross borders and have access to their place of work, unless imposed restrictions are dully justified; calls on the Commission to actively collect and present in a comprehensive way all relevant information including sanitary obligations and restrictions present in various Member States;
2020/10/30
Committee: IMCO
Amendment 49 #

2020/0374(COD)

Proposal for a regulation
Recital 17
(17) A very significant turnover in the Union and the provision of a core platform service in at least threewo Member States constitute compellingsufficient indications that the provider of a core platform service has a significant impact on the internal market. This is equally true where a provider of a core platform service in at least threewo Member States has a very significant market capitalisation or equivalent fair market value. Therefore, a provider of a core platform service should be presumed to have a significant impact on the internal market where it provides a core platform service in at least threewo Member States and where either its group turnover realised in the EEA is equal to or exceeds a specific, high threshold or the market capitalisation of the group is equal to or exceeds a certain high absolute value. For providers of core platform services that belong to undertakings that are not publicly listed, the equivalent fair market value above a certain high absolute value should be referred to. The Commission should use its power to adopt delegated acts to develop an objective methodology to calculate that value, in cooperation with the Member States and after consulting the Advisory Committee, develop an objective methodology to calculate that value, taking into account relevant quantitative and qualitative criteria. A high EEA group turnover in conjunction with the threshold of users in the Union of core platform services reflects a relatively strong ability to monetise these users. A high market capitalisation relative to the same threshold number of users in the Union reflects a relatively significant potential to monetise these users in the near future. This monetisation potential in turn reflects in principle the gateway position of the undertakings concerned. Both indicators are in addition reflective of their financial capacity, including their ability to leverage their access to financial markets to reinforce their position. This may for example happen where this superior access is used to acquire other undertakings, which ability has in turn been shown to have potential negative effects on innovation. Market capitalisation can also be reflective of the expected future position and effect on the internal market of the providers concerned, notwithstanding a potentially relatively low current turnover. The market capitalisation value can be based on a level that reflects the average market capitalisation of the largest publicly listed undertakings in the Union over an appropriate period.
2021/06/02
Committee: TRAN
Amendment 50 #

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.
2021/06/02
Committee: TRAN
Amendment 51 #

2020/0374(COD)

Proposal for a regulation
Recital 21
(21) An entrenched and durable position in its operations or the foreseeability of achieving such a position future occurs notably where the contestability of the position of the provider of the core platform service is limited. This is likely to be the case where that provider has provided a core platform service in at least threetwo Member States to a very high number of business users and end users during at least three years.
2021/06/02
Committee: TRAN
Amendment 52 #

2020/0374(COD)

Proposal for a regulation
Recital 22
(22) Such thresholds can be impacted by market and technical developments. The Commission should therefore be empowered to adopt delegated act, in cooperation with the Member States and after consulting the Digital Markets Advisory Committee, to take steps to specify the methodology for determining whether the quantitative thresholds are met, and to regularly adjust it to market and technological developments where necessary. This is particularly relevant in relation to the threshold referring to market capitalisation, which should be indexed in appropriate intervals.
2021/06/02
Committee: TRAN
Amendment 55 #

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, availability 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. 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.
2021/06/02
Committee: TRAN
Amendment 56 #

2020/0374(COD)

Proposal for a regulation
Recital 26
(26) A particular subset of rules should apply to those providers of core platform services that are foreseen to enjoy an entrenched and durable position in the near future. The same specific features of core platform services make them prone to tipping: once a service provider has obtained a certain advantage over rivals or potential challengers in terms of scale or intermediation power, its position may become unassailable and the situation may evolve to the point that it is likely to become durable and entrenched in the near future. Undertakings can try to induce this tipping and emerge as gatekeeper by using some of the unfair conditions and practices regulated in this Regulation. In such a situation, it appears appropriate to intervenentervention may be necessary before the market tips irreversibly in favour of the largest competitor and adversely affects other operators.
2021/06/02
Committee: TRAN
Amendment 57 #

2020/0374(COD)

Proposal for a regulation
Recital 27
(27) However, such an early intervention should be strictly limited to imposing only those obligations that are necessary, justified and appropriate to ensure that the services in question remain contestable and allow to avoid the qualified risk of unfair conditions and practices. Obligations that prevent the provider of core platform services concerned from achieving an entrenched and durable position in its operations, such as those preventing unfair leveraging, and those that facilitate switching and multi- homing are more directly geared towards this purpose. To ensure proportionality, the Commission should moreover apply from that subset of obligations only those that are necessary and proportionate to achieve the objectives of this Regulation and should regularly review whether such obligations should be maintained, suppressed or adapted.
2021/06/02
Committee: TRAN
Amendment 60 #

2020/0374(COD)

Proposal for a regulation
Recital 30
(30) The very rapidly changing and complex technological nature of core platform services requires a regular review of the status of gatekeepers, including those that are foreseen to enjoy a durable and entrenched position in their operations in the near future. To provide all of the market participants, including the gatekeepers, with the required certainty as to the applicable legal obligations, atransparent criteria and time limit for such regular reviews is necessary. It is also important to conduct such reviews on a regular basis and at least every two years.
2021/06/02
Committee: TRAN
Amendment 63 #

2020/0374(COD)

Proposal for a regulation
Recital 33
(33) The obligations laid down in this Regulation are limited to what is necessary, proportionate 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. 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.
2021/06/02
Committee: TRAN
Amendment 70 #

2020/0374(COD)

Proposal for a regulation
Recital 41
(41) Gatekeepers should not restrict the free choice of end users by technically preventing switching between or subscription to different software applications and services. Gatekeepers should therefore ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and should not raise artificial technical barriers so as to make transferring data or switching impossible or ineffective. The mere offering of a given product or service to end users, including by means of pre- installation, as well the improvement of end user offering, such as better prices or increased quality, would not in itself constitute a barrier to switching.
2021/06/02
Committee: TRAN
Amendment 73 #

2020/0374(COD)

Proposal for a regulation
Recital 65
(65) The services and practices in core platform services and markets in which these intervene can change quickly and to a significant extent. To ensure that this Regulation remains up to date and constitutes an effective and holistic regulatory response to the problems posed by gatekeepers, it is important to provide for a regular review of the lists of core platform services as well as of the obligations provided for in this Regulation. This is particularly important to ensure that behaviour that may limit the contestability of core platform services or is unfair is identified. While it is important to conduct a review on a regular basis, given the dynamically changing nature of the digital sector, in order to ensure legal certainty as to the regulatory conditions, any reviews should be conducted within a reasonable and appropriate time-frame. Market investigations should also ensure that the Commission has a solid evidentiary basis on which it can assess whether it should propose to amend this Regulation in order to expand, or further detail, the lists of core platform services. They should equally ensure that the Commission has a solid evidentiary basis on which it can assess whether it should propose to amend the obligations laid down in this Regulation or whether it should adopt a delegated act updating such obligations.
2021/06/02
Committee: TRAN
Amendment 74 #

2020/0374(COD)

Proposal for a regulation
Recital 66
(66) In the event that gatekeepers engage in behaviour that is unfair or that limits the contestability of the core platform services that are already designated under this Regulation but without these behaviours being explicitly covered by the obligations, the Commission should be able to update this Regulation through delegated acts. Such updates by way of delegated act. Such updates should be subject to the same investigatory standard and therefore following a market investigation. The Commission should also apply a predefined standard in identifying such behaviours. This legal standard should ensure that the type of obligations that gatekeepers may at any time face under this Regulation are sufficiently predictable.
2021/06/02
Committee: TRAN
Amendment 75 #

2020/0374(COD)

Proposal for a regulation
Recital 71
(71) The Commission should also be empowered to undertake onsite inspections and to interview any persons who may be in possession of useful information and to record the statements made.deleted
2021/06/02
Committee: TRAN
Amendment 79 #

2020/0374(COD)

Proposal for a regulation
Recital 77
(77) The advisory committee established in accordance with Regulation (EU) No 182//2011 should also deliver opinions on certain individual decisions of the Commission issued under this Regulation. In order to ensure contestable and fair markets in the digital sector across the Union where gatekeepers are present, 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 the methodology for determining the quantitative thresholds for designation of gatekeepers under this Regulation and in respect of the update of the obligations laid down in this Regulation where, based on a market investigation the Commission has identified the need for updating the obligations addressing practices that limit the contestability of core platform services or are unfair. 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 201636. 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. _________________ 36Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p.1).
2021/06/02
Committee: TRAN
Amendment 83 #

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 in respect of this regulation.
2021/06/02
Committee: TRAN
Amendment 88 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 23
(23) ‘Control’ means the possibility of exercising decisive influence on an undertaking, as understood in Article 12 of Regulation (EU) No 139/2004.
2021/06/02
Committee: TRAN
Amendment 90 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point c
(c) it enjoys an entrenched and durable position in its operations or it is foreseeable, on the basis of available quantitative and qualitative data, that it will enjoy such a position inover the near futurext 18 months.
2021/06/02
Committee: TRAN
Amendment 91 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a
(a) the requirement in paragraph 1 point (a) where the undertaking to which it belongs achieves an annual EEA turnover equal to or above EUR 6.5 billion in the last three financial years, or where the average market capitalisation or the equivalent fair market value of the undertaking to which it belongs amounted to at least EUR 65 billion in the last financial year, and it provides a core platform service in at least threewo Member States;
2021/06/02
Committee: TRAN
Amendment 96 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 5
5. The Commission is empowered to adopt delegated acts in accordance with Article 37 to specify the methodology for determining whether the quantitative thresholds laid down in paragraph 2 are met, and to regularly adjust it to market and technological developments where necessary, in particular as regards the threshold in paragraph 2, point (a).
2021/06/02
Committee: TRAN
Amendment 103 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 8 a (new)
8 a. The Commission shall exercise its supervisory powers and carry out the process of designating gatekeepers in cooperation with the Member States and after consulting the Digital Markets Advisory Committee;
2021/06/02
Committee: TRAN
Amendment 137 #

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 by decision, provided that consultations with gatekeepers as part of the regulatory dialogue do not result in an agreement, specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision within six months from the opening of proceedings pursuant to Article 18.
2021/06/02
Committee: TRAN
Amendment 145 #

2020/0374(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. The Commission, in cooperation with the Member States and after consulting the Advisory Committee, may, acting on a reasoned request by a gatekeeper or on its own initiative, by decision adopted in accordance with the advisory procedure referred to in Article 32(4), exempt it, in whole or in part, from a specific obligation laid down in Articles 5 and 6 in relation to an individual core platform service identified pursuant to Article 3(7), where such exemption is justified on the grounds set out in paragraph 2 of this Article. The Commission shall adopt the exemption decision at the latest 3 months after receiving a complete reasoned request.
2021/06/02
Committee: TRAN
Amendment 147 #

2020/0374(COD)

Proposal for a regulation
Article 9 – paragraph 3 – introductory part
3. The Commission, in cooperation with the Member States and after consulting the Advisory Committee, may, acting on a reasoned request by a gatekeeper or on its own initiative, provisionally suspend the application of the relevant obligation to one or more individual core platform services already prior to the decision pursuant to paragraph 1.
2021/06/02
Committee: TRAN
Amendment 148 #

2020/0374(COD)

Proposal for a regulation
Article 10
Updating obligations for gatekeepers 1. The Commission is empowered to adopt delegated acts in accordance with Article 34 to update the obligations laid down in Articles 5 and 6 where, based on a market investigation pursuant to Article 17, it has identified the need for new obligations addressing practices that limit the contestability of core platform services or are unfair in the same way as the practices addressed by the obligations laid down in Articles 5 and 6. 2. A practice within the meaning of paragraph 1 shall be considered to be unfair or limit the contestability of core platform services where: (a) there is an imbalance of rights and obligations on business users and the gatekeeper is obtaining an advantage from business users that is disproportionate to the service provided by the gatekeeper to business users; or (b) the contestability of markets is weakened as a consequence of such a practice engaged in by gatekeepers.Article 10 deleted
2021/06/02
Committee: TRAN
Amendment 157 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. When the Commission pursuant to Article 3(6) designates as a gatekeeper a provider of core platform services that does not yet enjoy an entrenched and durable position in its operations, but it is foreseeable that it will enjoy such a position inover the near futurext 18 months, it shall declare applicable to that gatekeeper only obligations laid down in Article 5(b) and Article 6(1) points (e), (f), (h) and (i) as specified in the designation decision. The Commission shall only declare applicable those obligations that are appropriate and necessary to prevent that the gatekeeper concerned achieves by unfair means an entrenched and durable position in its operations. The Commission shall review such a designation in accordance with the procedure laid down in Article 4.
2021/06/02
Committee: TRAN
Amendment 160 #

2020/0374(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point b
(b) be accompanied by a delegated act amending Articles 5 or 6 as provided for in Article 10.
2021/06/02
Committee: TRAN
Amendment 161 #

2020/0374(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. The CommissionAt the request of the Commission, the competent authorities of the Member States may conduct on- site inspections at the premises of an undertaking or association of undertakings.
2021/06/02
Committee: TRAN
Amendment 162 #

2020/0374(COD)

Proposal for a regulation
Article 21 – paragraph 3
3. During on-site inspections the Ccommission and auditors or experts appointed by itpetent authorities of the Member States may require the undertaking or association of undertakings to provide access to and explanations on its organisation, functioning, IT system, algorithms, data-handling and business conducts. The Commission and auditors or experts appointed by it which are participating in the inspections may address questions to key personnel.
2021/06/02
Committee: TRAN
Amendment 163 #

2020/0374(COD)

Proposal for a regulation
Article 21 – paragraph 4
4. Undertakings or associations of undertakings are required to submit to an on-site inspection ordered by decisionat the request of the Commission. The decisionrequest shall specify the subject matter and purpose of the visit, set the date on which it is to begin and indicate the penalties provided for in Articles 26 and 27 and the right to have the decision reviewed by the Court of Justice.
2021/06/02
Committee: TRAN
Amendment 168 #

2020/0374(COD)

Proposal for a regulation
Article 26 – paragraph 1 – introductory part
1. In the decision pursuant to Article 25, the Commission may impose on a gatekeeper fines not exceeding 120% of its total turnover in the preceding financial year where it finds that the gatekeeper, intentionally or negligently, fails to comply with:
2021/06/02
Committee: TRAN
Amendment 169 #

2020/0374(COD)

Proposal for a regulation
Article 26 – paragraph 2 – introductory part
2. The Commission may by decision impose on undertakings and associations of undertakings fines not exceeding 15% of the total turnover in the preceding financial year where they intentionally or negligently:
2021/06/02
Committee: TRAN
Amendment 170 #

2020/0374(COD)

Proposal for a regulation
Article 27 – paragraph 1 – introductory part
1. The Commission may by decision impose on undertakings, including gatekeepers where applicable, periodic penalty payments not exceeding 510 % of the average daily turnover in the preceding financial year per day, calculated from the date set by that decision, in order to compel them:
2021/06/02
Committee: TRAN
Amendment 176 #

2020/0374(COD)

Proposal for a regulation
Article 32 – paragraph 1
1. The Commission shall be assisted bytake decisions after consulting the Digital Markets Advisory Committee. That Ccommittee shall be a Ccommittee within the meaning of Regulation (EU) No 182/2011.
2021/06/02
Committee: TRAN
Amendment 178 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 1
1. When threewo or more Member States request the Commission to open an investigation pursuant to Article 15 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 within fourthree months examine whether there are reasonable grounds to open such an investigation.
2021/06/02
Committee: TRAN
Amendment 180 #

2020/0374(COD)

Proposal for a regulation
Article 37 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 3(6) and 9(15) shall be conferred on the Commission for a period of five5 years from DD/MM/YYYY. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
2021/06/02
Committee: TRAN
Amendment 181 #

2020/0374(COD)

Proposal for a regulation
Article 37 – paragraph 3
3. The delegation of power referred to in Articles 3(6) and 9(15) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision 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.
2021/06/02
Committee: TRAN
Amendment 182 #

2020/0374(COD)

Proposal for a regulation
Article 37 – paragraph 6
6. A delegated act adopted pursuant to Articles 3(6) and 9(15) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
2021/06/02
Committee: TRAN
Amendment 470 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 17
(17) ‘Business user’ means any natural or legal person acting in a commercial or professional capacity using core platform services on the basis of contractual relationships with the provider of those services for the purpose of or in the course of providing goods or services to end users;
2021/07/09
Committee: IMCO
Amendment 476 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 18
(18) ‘Ranking’ means the relative prominence given to goods or services offered through online intermediation services or online social networking services, or the relevance given to search results by online search engines, as presented, organised or communicated by the providers of online intermediation services or of online social networking services or by providers of online search engines, respectively, whateverirrespective of the technological means used for such presentation, organisation or communication;
2021/07/09
Committee: IMCO
Amendment 502 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a
(a) the requirement in paragraph 1 point (a) where the undertaking to which it belongsit provides a core platform service that achieves an annual EEA turnover equal to or above EUR 6.58 billion in the last three financial years, or where the average market capitalisation or the equivalent fair market value of the undertaking to which it belongs amounted to at least EUR 65 billion in the last financial year, and it provides a core platformthis service in at least three Member States;
2021/07/09
Committee: IMCO
Amendment 524 #

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 three 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 wheneverin respect of other core platform services individually meet the thresholds in paragraph 2 point (b)no later than three months after those services individually meet the thresholds in paragraph 2. Where core platform services fall below those thresholds after being notified, the provider shall notify the Commission thereof within three months after those thresholds no longer apply.
2021/07/09
Committee: IMCO
Amendment 530 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
A failure by a relevantShould the Commission consider that an undertaking provider ofing core platform services to notify the required information pursuant to this paragraphmeets all the thresholds provided in paragraph 2, but has failed to notify the required information pursuant to the first subparagraph of this paragraph, the Commission shall require that undertaking pursuant to Article 19 to provide the relevant information relating to the quantitative thresholds identified in paragraph 2 within 30 days. The failure by the undertaking providing core platform services to comply with the Commission’s request pursuant to Article 19 shall not prevent the Commission from designating these providerat undertaking as as gatekeepers pursuant to paragraph 4 at any time. based on any other information available to the Commission. Where the undertaking providing core platform services complies with the request, the Commission shall apply the procedure set out in paragraph 4.
2021/07/09
Committee: IMCO
Amendment 542 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 5
5. The Commission is empowered to adopt delegated acts in accordance with Article 37 to specify the methodology for determining whether the quantitative thresholds laid down in paragraph 2 are met, and to regularly adjust it to market and technological developments where necessary, in particular as regards the threshold in paragraph 2, point (a).
2021/07/09
Committee: IMCO
Amendment 588 #

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, in particular following any notification provided under Article 3(3).
2021/07/09
Committee: IMCO
Amendment 622 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) allow business users to promote offers to end users acquired via 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;
2021/07/09
Committee: IMCO
Amendment 767 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point e a (new)
(e a) allow business users to promote offers including under different conditions to end users acquired via the core platform service or through other channels, 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;
2021/07/09
Committee: IMCO
Amendment 770 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point f
(f) allow business 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, where such interoperability does not present a disproportionate technical obstacle nor impedes legitimate product development, quality or functionality improvements, maintenance or improvement of system integrity or ensuring user safety or security;
2021/07/09
Committee: IMCO
Amendment 796 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point h
(h) provide effective portability of data generated through the activity of a business user or end user and shall, in particular, provide tools for end users to facilitate the exercise of data portability, in line with Regulation EU 2016/679, including by the provision of continuous and real-time access ;
2021/07/09
Committee: IMCO
Amendment 804 #

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 or 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 842 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. The measures implemented by the gatekeeper to ensure compliance with the obligations laid down in Articles 5 and 6 shall be effective in achieving the objective of the relevant obligation. In the implementation of these measures, the gatekeeper may take reasonable, proportionate and adequately justified steps to ensure service integrity, user security and core functionality of its core platform services. The gatekeeper shall ensure that these measures are implemented in compliance with Regulation (EU) 2016/679 and Directive 2002/58/EC, and with legislation on cyber security, consumer protection and product safety.
2021/07/09
Committee: IMCO
Amendment 860 #

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 mayshall by decision specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision within six months from the opening of proceedings pursuant to Article 18.
2021/07/09
Committee: IMCO
Amendment 867 #

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 within three months from the opening of the proceedings to the gatekeeper. It shall, in addition, publish a concise summary of the draft measures the gatekeeper is expected to implement to ensure effective compliance with the obligations of this Regulation. 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. The Commission shall invite all interested parties to submit their observations within a reasonable time limit, specified by the Commission in its publication. Publication shall have regard to the legitimate interest of undertakings in the protection of their commercial secrets
2021/07/09
Committee: IMCO
Amendment 912 #

2020/0374(COD)

Proposal for a regulation
Article 10
Updating obligations for gatekeepers 1. The Commission is empowered to adopt delegated acts in accordance with Article 34 to update the obligations laid down in Articles 5 and 6 where, based on a market investigation pursuant to Article 17, it has identified the need for new obligations addressing practices that limit the contestability of core platform services or are unfair in the same way as the practices addressed by the obligations laid down in Articles 5 and 6. 2. A practice within the meaning of paragraph 1 shall be considered to be unfair or limit the contestability of core platform services where: (a) there is an imbalance of rights and obligations on business users and the gatekeeper is obtaining an advantage from business users that is disproportionate to the service provided by the gatekeeper to business users; or (b) the contestability of markets is weakened as a consequence of such a practice engaged in by gatekeepers.Article 10 deleted
2021/07/09
Committee: IMCO
Amendment 1037 #

2020/0374(COD)

Proposal for a regulation
Article 17 – paragraph 1
The Commission may conduct a market investigation with the purpose of examining whether one or more services within the digital sector should be added to the list of core platform services or to detect types of practices that may limit the contestability of core platform services or may be unfair and which are not effectively addressed by this Regulation. It shall issue a public report at the latest within 2418 months from the opening of the market investigation.
2021/07/09
Committee: IMCO
Amendment 1041 #

2020/0374(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point b
(b) be accompanied by a delegated act amending Articles 5 or 6 as provided for in Article 10.
2021/07/09
Committee: IMCO
Amendment 1161 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 1
1. When threewo or more Member States request the Commission to open an investigation pursuant to Article 15 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 within four months examine whether there are reasonable grounds to open such an investigation.
2021/07/09
Committee: IMCO
Amendment 1187 #

2020/0374(COD)

Proposal for a regulation
Article 37
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 3(6) and 9(1) shall be conferred on the Commission for a period of five years from DD/MM/YYYY. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Articles 3(6) and 9(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision 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. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Articles 3(6) and 9(1) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.Article 37 deleted Exercise of the delegation
2021/07/09
Committee: IMCO
Amendment 1193 #

2020/0374(COD)

Proposal for a regulation
Article 38 – paragraph 2
2. The evaluations shall establish whether additional rules revision to the rules contained herein, 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 120 #

2020/0365(COD)

Proposal for a directive
Recital 20
(20) In order to be able to ensure their resilience, critical entities should have a comprehensive understanding of all relevant risks to which they are exposed and analyse those risks. To that aim, they should carry out risks assessments, whenever necessary in view of their particular circumstances and the evolution of those risks, yet in any event every four years. The risk assessments by critical entities should be based on the risk assessment carried out by Member States. They should also be based on common specifications and methodologies for each sector. They should include minimum indicators, in order to avoid further divergences between Member States, and contingency protocols.
2021/06/01
Committee: IMCO
Amendment 132 #

2020/0365(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 5
(5) “essential service” means a service which is essential for the maintenance of vital societal functions or economic activities and the provision of that service or of other essential services would be significantly disrupted by an incident;
2021/06/01
Committee: IMCO
Amendment 140 #

2020/0365(COD)

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Competent authorities designated pursuant to Article 8 shall establish a list of essential services in the sectors referred to in the Annex. They shall carry out by [three years after entry into force of this Directive], and subsequently where necessary, and at least every four years, an assessment of all relevant risks that may affect the provision of those essential services, with a view to identifywith a view to identifying essential services, and the corresponding critical entities in accordance with Article 5(1), and assisting those critical entities to take measures pursuant to Article 11.
2021/06/01
Committee: IMCO
Amendment 144 #

2020/0365(COD)

Proposal for a directive
Article 4 – paragraph 4
4. Each Member State shall provide the Commission with data on the types of risks identified and the outcomes of the risk assessments, per sector and sub-sector referred to in the Annex, by [three years after entry into force of this Directive] and subsequently where necessary and at least every fourive years.
2021/06/01
Committee: IMCO
Amendment 147 #

2020/0365(COD)

Proposal for a directive
Article 5 – paragraph 2 – point c
(c) an incident would have significant disruptive effects on the provision of the service or of other essential services in the sectors referred to in the Annex that depend on the service.deleted
2021/06/01
Committee: IMCO
Amendment 149 #

2020/0365(COD)

Proposal for a directive
Article 5 – paragraph 3 – subparagaph 1
Each Member State shall establish a list of the critical entities identified and ensure that those critical entities are notified of their identification as critical entities within onthree months of that identification, informing them of their obligations pursuant to Chapters II and III and the date from which the provisions of those Chapters apply to them.
2021/06/01
Committee: IMCO
Amendment 153 #

2020/0365(COD)

Proposal for a directive
Article 6 – paragraph 1 – introductory part
1. When determining the significance of a disruptive effect as referred to in point (c5) of Article 5(22(1), Member States shall take into account the following criteria:
2021/06/01
Committee: IMCO
Amendment 161 #

2020/0365(COD)

Proposal for a directive
Article 10 – paragraph 2
The risk assessment shall account for all relevant risks referred to in Article 4(1) which could lead to the disruption of the provision of essential services which would hinder the proper functioning of the internal market. It shall take into account any dependency of other sectors referred to in the Annex on the essential service provided by the critical entity, including in neighbouring Member States and third countries where relevant, and the impact that a disruption of the provision of essential services in one or more of those sectors may have on the essential service provided by the critical entity.
2021/06/01
Committee: IMCO
Amendment 168 #

2020/0365(COD)

Proposal for a directive
Article 11 – paragraph 2
2. Member States shall ensure that critical entities have in place and apply a resilience plan or equivalent document or documents, describing in detail the measures pursuant totailing the measures in accordance with paragraph 1. Where critical entities have takenput in place measures pursuant to obligations contained in other acts of Union lawlaid down in other Union legislation that are also relevant forto the measures referred to in paragraph 1, they shall also describe those measures in the resilience plan or equivalent document or documents. The resilience plan shall further describe the critical entity's organisational arrangements to ensure business continuity in accordance with ISO 22301 and adequate information security in accordance with ISO/IEC 27001;
2021/06/01
Committee: IMCO
Amendment 170 #

2020/0365(COD)

Proposal for a directive
Article 11 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 21 supplementing paragraph 1 by establishing detailed rules specifying some or all of the measures to be taken pursuant to that paragraph. It shall adopt those delegated acts in as far as necessary for the effective and consistent application of that paragraph in accordance with the objectives of this Directive, having regard to any relevant developments in risks, technology or the provision of the services concerned as well as to any specificities relating to particular sectors and types of entities.
2021/06/01
Committee: IMCO
Amendment 174 #

2020/0365(COD)

Proposal for a directive
Article 13 – paragraph 1
1. Member States shall ensure that critical entities notify without undue delay, but no later than 24 hours after the detection of the incident the competent authority of incidents that significantly disrupt or have the potential to significantly disrupt their operations. Notifications shall include any available information necessary to enable the competent authority to understand the nature, cause and possible consequences of the incident, including so as to determine any cross-border impact of the incident. Such notification shall not make the critical entities subject to increased liability.
2021/06/01
Committee: IMCO
Amendment 178 #

2020/0365(COD)

Proposal for a directive
Article 13 – paragraph 2 – point a
(a) the estimated number of users affected by the disruption or potential disruption;
2021/06/01
Committee: IMCO
Amendment 16 #

2020/0361(COD)

Proposal for a regulation
Recital 6
(6) In practice, certain providers of intermediary services intermediate in relation to services that may or may not be provided by electronic means, such as remote information technology services, transport of persons and goods, accommodation or delivery services. This Regulation should apply only to intermediary services and not affect requirements set out in Union or national law relating to products or services intermediated through intermediary services, including in situations where the intermediary service constitutes an integral part of another service which is not an intermediary service as specified in the case law of the Court of Justice of the European Union.
2021/06/01
Committee: TRAN
Amendment 20 #

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 activitiesbased on the general idea that what is illegal offline should also be illegal online. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, offering services that require a licence or approval from a competent national authority without having the appropriate credentials, the sale of non-compliant or counterfeit products, 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.
2021/06/01
Committee: TRAN
Amendment 46 #

2020/0361(COD)

Proposal for a regulation
Recital 56
(56) Very large online platforms are used in a way that strongly influences safety online, the shaping of public opinion and discourse, as well as on online trade and transport and tourism services. The way they design their services is generally optimised to benefit their often advertising- driven business models and can cause societal concerns. In the absence of effective regulation and enforcement, they can set the rules of the game, without effectively identifying and mitigating the risks and the societal and economic harm they can cause. Under this Regulation, very large online platforms should therefore assess the systemic risks stemming from the functioning and use of their service, as well as by potential misuses by the recipients of the service, and take appropriate mitigating measures.
2021/06/01
Committee: TRAN
Amendment 76 #

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 outsidenot connected to his or her trade, business, craft or profession;
2021/06/01
Committee: TRAN
Amendment 77 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f – indent 3
— a ‘hosting’ service that consists of the storage of information provided by, and at the request of, a recipient of the service, unless this activity is an ancillary and additional feature of another service which is not an information society service and cannot, for objective or technical reasons, be provided independently of it;
2021/06/01
Committee: TRAN
Amendment 119 #

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 alsunderpin the general idea that what is illegal offline should also be illegal online. The concept should be defined broadly to 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 law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, 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, 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.
2021/07/20
Committee: JURI
Amendment 124 #

2020/0361(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. Providers of intermediary services shall make public the information necessary to easily identify and communicate with their single points of contact, including their postal address, and shall ensure that this information is kept up to date. Intermediary service providers shall provide the Digital Services Coordinator in the Member State where they are established with their contact details, including the name, postal address, e-mail address and telephone number of their single point of contact.
2021/06/01
Committee: TRAN
Amendment 127 #

2020/0361(COD)

Proposal for a regulation
Recital 13
(13) Considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations, it is necessary to distinguish, within the broader category of providers of hosting services as defined in this Regulation, the subcategory of online platforms. Online platforms, such as social networks or online marketplaces, should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request, but that also disseminate that information to the public, again at their request. However, in order to avoid imposing overly broad obligations, providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of another service and that feature cannot, for objective technical reasons, be used without that other, principal service, and the integration of that feature is not a means to circumvent the applicability of the rules of this Regulation applicable to online platforms. For example, the comments section in an online newspaper could constitute such a feature, where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher. Furthermore, cloud services that have no active role in the dissemination, monetisation and organisation of the information to the public or end users, at their request, should not be considered as online platforms.
2021/07/20
Committee: JURI
Amendment 131 #

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 for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and, unambiguous, straightforward and understandable language and shall be publicly available in an easily accessible format.
2021/06/01
Committee: TRAN
Amendment 134 #

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 outside the scope of this Regulation. 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. Concept of 'dissemination to the public' should not apply to cloud services, including business-to-business cloud services, with respect to which the service provider has no contractual rights concerning what content is stored or how it is processed or made publicly available by its customers or by the end-users of such customers, and where the service provider has no technical capability to remove specific content stored by their customers or the end-users of their services. Where a service provider offers several services, this Regulation should be applied only in respect of the services that fall within its scope. _________________ 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
2021/07/20
Committee: JURI
Amendment 139 #

2020/0361(COD)

Proposal for a regulation
Recital 16
(16) The legal certainty provided by the horizontal framework of conditional exemptions from liability for providers of intermediary services, laid down in Directive 2000/31/EC, has allowed many novel services to emerge and scale-up across the internal market. That framework should therefore be preserved. However, in view of the divergences when transposing and applying the relevant rules at national level, and for reasons of clarity and coherence, that framework should be incorporated in this Regulation. It is also necessary to clarify certain elements of that framework, having regard to case law of the Court of Justice of the European Union, as well as technological and market developments.
2021/07/20
Committee: JURI
Amendment 146 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
(c a) any other decision that affects the availability, visibility or accessibility of the content and/or of the recipient's account or the recipient's access to relevant platform services and features.
2021/06/01
Committee: TRAN
Amendment 146 #

2020/0361(COD)

Proposal for a regulation
Recital 20
(20) A provider of intermediary services that deliberately collaborates with a recipient of the services in order to undertake illegal activities does not provide its service neutrally andor the main purpose of which is to engage in or facilitate such activities should therefore not be able to benefit from the exemptions from liability provided for in this Regulation.
2021/07/20
Committee: JURI
Amendment 147 #

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, such as network management, which take place in the course of the transmission, as such manipulations do not alter the integrity of the information transmitted.
2021/07/20
Committee: JURI
Amendment 161 #

2020/0361(COD)

Proposal for a regulation
Recital 26
(26) Whilst the rules in Chapter II of this Regulation concentrate on the exemption from liability of providers of intermediary services, it is important to recall that, despite the generally important role played by those providers, the problem of illegal content and activities online should not be dealt with by solely focusing on their liability and responsibilities. Where possible, third parties affected by illegal content transmitted or stored online should attempt to resolve conflicts relating to such content without involving the providers of intermediary services in question. Recipients of the service should be held liable, where the applicable rules of Union and national law determining such liability so provide, for the illegal content that they provide and may disseminate through intermediary services. Where appropriate, other actors, such as group moderators in closed online environments, in particular in the case of large groups, should also help to avoid the spread of illegal content online, in accordance with the applicable law. Furthermore, where it is necessary to involve information society services providers, including providers of intermediary services, any requests or orders for such involvement should, as a general rule, be directed to the actor that has the technical and operational ability to act against specific items of illegal content or that ability originates from the regulatory or contractual provisions, so as to prevent and minimise any possible negative effects for the availability and accessibility of information that is not illegal content. Consequently, providers of intermediary services should act on the specific illegal content only if they are in the best place to do so, and the blocking orders should be considered as a last resort measure and applied only when all other options are exhausted.
2021/07/20
Committee: JURI
Amendment 163 #

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, wireless local area networks, domain name system (DNS) services, top–level domain name registries, certificate authorities that issue digital certificates, 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, although they do not fall within the obligations under this Regulations, too, can benefit from the exemptions from liability, to the extent that they qualify as ‘mere conduit’, ‘caching’ or hosting service.
2021/07/20
Committee: JURI
Amendment 167 #

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, imposing constant content identification from the entirety of available content. This does not concern monitoring obligations in a specific case and, in particular, does not affect orders by national authorities in accordance with national legislation, in accordance with the conditions established in this Regulation. 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.
2021/07/20
Committee: JURI
Amendment 198 #

2020/0361(COD)

Proposal for a regulation
Recital 40
(40) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). Nonetheless, the provider should have the possibility to reject a given notice if there is another entity with more granular control over the alleged content or the provider has no technical capability to act on a specific content. Therefore, the blocking orders should be considered as a last resort measure and applied only when all other options are exhausted. Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation.
2021/07/20
Committee: JURI
Amendment 209 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 1
1. Very large online platforms that use recommender systems or other systems to prioritise content, including reducing the visibility of content, shall set out in their terms and conditions, in a clear, accessible and easily comprehensible manner, the main parameters used in 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.
2021/06/01
Committee: TRAN
Amendment 229 #

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 alsunderpin the general idea that what is illegal offline should also be illegal online. The concept should be defined broadly to 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 law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, 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, 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 237 #

2020/0361(COD)

Proposal for a regulation
Recital 13
(13) Considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations, it is necessary to distinguish, within the broader category of providers of hosting services as defined in this Regulation, the subcategory of online platforms. Online platforms, such as social networks or online marketplaces, should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request, but that also disseminate that information to the public, again at their request. However, in order to avoid imposing overly broad obligations, providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of another service and that feature cannot, for objective technical reasons, be used without that other, principal service, and the integration of that feature is not a means to circumvent the applicability of the rules of this Regulation applicable to online platforms. For example, the comments section in an online newspaper could constitute such a feature, where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher. Furthermore, cloud services that have no active role in the dissemination, monetisation and organisation of the information to the public or end users, at their request, should not be considered as online platforms.
2021/07/08
Committee: IMCO
Amendment 243 #

2020/0361(COD)

Proposal for a regulation
Recital 51
(51) In view of the particular responsibilities and obligations of online platforms, they should be made subject to transparency reporting obligations, which apply in addition to the transparency reporting obligations applicable to all providers of intermediary services under this Regulation. For the purposes of determining whether online platforms may be very large online platforms that are subject to certain additional obligations under this Regulation, the transparency reporting obligations for online platforms should include certain obligations relating to the publication and communication of information on the average monthly active recipientend users of the service in the Union.
2021/07/20
Committee: JURI
Amendment 244 #

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 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 parameters shall include, if applicable, the optimisation goal selected by the advertiser, information on the use of custom lists, information on the use of lookalike audiences and in such case – relevant information on the seed audience and an explanation why the recipient of the advertisement has been determined to be part of the lookalike audience, meaningful information about the online platform’s algorithms or other tools used to optimise the delivery of the advertisement, including a specification of the optimisation goal and a meaningful explanation of reasons why the online platform has decided that the optimisation goal can be achieved by displaying the advertisement to this recipient. 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.
2021/07/20
Committee: JURI
Amendment 246 #

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 outside the scope of this Regulation. 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. Concept of 'dissemination to the public' should not apply to cloud services, including business-to-business cloud services, with respect to which the service provider has no contractual rights concerning what content is stored or how it is processed or made publicly available by its customers or by the end-users of such customers, and where the service provider has no technical capability to remove specific content stored by their customers or the end-users of their services. Where a service provider offers several services, this Regulation should be applied only in respect of the services that fall within its scope. __________________ 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 250 #

2020/0361(COD)

Proposal for a regulation
Recital 53
(53) Given the importance of very large online platforms, due to their reach, in particular as expressed in number of recipientactive end users of the service, in facilitating public debate, economic transactions and the dissemination of information, opinions and ideas and in influencing how recipients obtain and communicate information online, it is necessary to impose specific obligations on those platforms, in addition to the obligations applicable to all online platforms. Those additional obligations on very large online platforms are necessary to address those public policy concerns, there being no alternative and less restrictive measures that would effectively achieve the same result.
2021/07/20
Committee: JURI
Amendment 253 #

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 may have a disproportionately negative impact in the Union. Such significant reach should be considered to exist where the number of recipientactive end users exceeds an operational threshold set at 45 million, that is, a number equivalent to 10% of the Union population. The operational threshold should be kept up to date through amendments enacted by delegated acts, where necessary. In the process of establishing the methodology to calculate the total number of active end users, the Commission should take due account of the different type of platforms and their operations, as well as the potential need for the end user to register, engage in transaction or content in order to be considered as an active end user. Such very large online platforms should therefore bear the highest standard of due diligence obligations, proportionate to their societal impact and means.
2021/07/20
Committee: JURI
Amendment 255 #

2020/0361(COD)

Proposal for a regulation
Recital 16
(16) The legal certainty provided by the horizontal framework of conditional exemptions from liability for providers of intermediary services, laid down in Directive 2000/31/EC, has allowed many novel services to emerge and scale-up across the internal market. That framework should therefore be preserved. However, in view of the divergences when transposing and applying the relevant rules at national level, and for reasons of clarity and coherence, that framework should be incorporated in this Regulation. It is also necessary to clarify certain elements of that framework, having regard to case law of the Court of Justice of the European Union, as well as technological and market developments.
2021/07/08
Committee: IMCO
Amendment 266 #

2020/0361(COD)

Proposal for a regulation
Article 54 – paragraph 1
1. In order to carry out the tasks assigned to it under this Section, the competent authorities of the Member State may, at the request of the Commission may, conduct on-site inspections within the meaning of Article 12 of Regulation (EU) No 139/2004 at the premises of the very large online platform concerned or other person referred to in Article 52(1).
2021/06/01
Committee: TRAN
Amendment 266 #

2020/0361(COD)

Proposal for a regulation
Recital 20
(20) A provider of intermediary services that deliberately collaborates with a recipient of the services in order to undertake illegal activities does not provide its service neutrally andor the main purpose of which is to engage in or facilitate such activities should therefore not be able to benefit from the exemptions from liability provided for in this Regulation.
2021/07/08
Committee: IMCO
Amendment 266 #

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 conditions. 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. Very large online platforms mayshould reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. They mayshould 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.
2021/07/20
Committee: JURI
Amendment 267 #

2020/0361(COD)

Proposal for a regulation
Article 54 – paragraph 3
3. During on-site inspections the Ccommission and auditors or experts appointed by itpetent authorities of the Member States may require the very large online platform concerned or other person referred to in Article 52(1) to provide explanations on its organisation, functioning, IT system, algorithms, data- handling and business conducts. The Commission and auditors or experts appointed by it may address questions to key personnel of the very large online platform concerned or other person referred to in Article 52(1).
2021/06/01
Committee: TRAN
Amendment 268 #

2020/0361(COD)

Proposal for a regulation
Article 54 – paragraph 4
4. The very large online platform concerned or other person referred to in Article 52(1) is required to submit to an on-site inspection ordered by decisionat the request of the Commission. The decisionrequest shall specify the subject matter and purpose of the visit, set the date on which it is to begin and indicate the penalties provided for in Articles 59 and 60 and the right to have the decision reviewed by the Court of Justice of the European Union.
2021/06/01
Committee: TRAN
Amendment 270 #

2020/0361(COD)

Proposal for a regulation
Article 60 – paragraph 1 – introductory part
1. The Commission may, by decision, impose on the very large online platform concerned or other person referred to in Article 52(1), as applicable, periodic penalty payments not exceeding 510 % of the average daily turnover in the preceding financial year per day, calculated from the date appointed by the decision, in order to compel them to:
2021/06/01
Committee: TRAN
Amendment 270 #

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, such as network management, which take place in the course of the transmission, as such manipulations do not alter the integrity of the information transmitted.
2021/07/08
Committee: IMCO
Amendment 304 #

2020/0361(COD)

Proposal for a regulation
Recital 26
(26) Whilst the rules in Chapter II of this Regulation concentrate on the exemption from liability of providers of intermediary services, it is important to recall that, despite the generally important role played by those providers, the problem of illegal content and activities online should not be dealt with by solely focusing on their liability and responsibilities. Where possible, third parties affected by illegal content transmitted or stored online should attempt to resolve conflicts relating to such content without involving the providers of intermediary services in question. Recipients of the service should be held liable, where the applicable rules of Union and national law determining such liability so provide, for the illegal content that they provide and may disseminate through intermediary services. Where appropriate, other actors, such as group moderators in closed online environments, in particular in the case of large groups, should also help to avoid the spread of illegal content online, in accordance with the applicable law. Furthermore, where it is necessary to involve information society services providers, including providers of intermediary services, any requests or orders for such involvement should, as a general rule, be directed to the actor that has the technical and operational ability to act against specific items of illegal content or that ability originates from the regulatory or contractual provisions, so as to prevent and minimise any possible negative effects for the availability and accessibility of information that is not illegal content. Consequently, providers of intermediary services should act on the specific illegal content only if they are in the best place to do so, and the blocking orders should be considered as a last resort measure and applied only when all other options are exhausted.
2021/07/08
Committee: IMCO
Amendment 307 #

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, wireless local area networks, domain name system (DNS) services, top–level domain name registries, certificate authorities that issue digital certificates, 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, although they do not fall within the obligations under this Regulations, 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 313 #

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 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. In addition, in order to ensure effective protection of the rights of Union citizens that take into account diverse national laws and difference in socio-cultural context between countries, a Member State should exercise jurisdiction where it concerns online social networking services provided by very large online platforms which offer services to a significant number of recipients in a given Member State. Member States jurisdiction is particularly important in case of very large online platforms which are social networks because they play a central role in facilitating the public debate.
2021/07/19
Committee: JURI
Amendment 314 #

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, imposing constant content identification from the entirety of available content. This does not concern monitoring obligations in a specific case and, in particular, does not affect orders by national authorities in accordance with national legislation, in accordance with the conditions established in this Regulation. 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.
2021/07/08
Committee: IMCO
Amendment 327 #

2020/0361(COD)

Proposal for a regulation
Recital 91
(91) The Board should bring together the representatives of the Digital Services Coordinators and possible other competent authorities under the chairmanship of the Commission, with a view to ensuring an assessment of matters submitted to it in a fully European dimension. In view of possible cross-cutting elements that may be of relevance for other regulatory frameworks at Union level, the Board should be allowed to cooperate with other Union bodies, offices, agencies and advisory groups with responsibilities in fields such as equality, including equality between women and men, and non- discrimination, data protection, competition, electronic communications, audiovisual services, detection and investigation of frauds against the EU budget as regards custom duties, or consumer protection, as necessary for the performance of its tasks.
2021/07/19
Committee: JURI
Amendment 369 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
(b a) 'active end user' means an individual successfully accessing an online interface and having significant interaction with it, its product or service;
2021/07/19
Committee: JURI
Amendment 370 #

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;
2021/07/19
Committee: JURI
Amendment 377 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f – indent 3
— a ‘hosting’ service that consists of the storage of information provided by, and at the request of, a recipient of the service, unless this activity is an ancillary and additional feature of another service which is not an information society service and cannot, for objective or technical reasons, be provided independently of it;
2021/07/19
Committee: JURI
Amendment 378 #

2020/0361(COD)

Proposal for a regulation
Recital 40
(40) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). Nonetheless, the provider should have the possibility to reject a given notice if there is another entity with more granular control over the alleged content or the provider has no technical capability to act on a specific content. Therefore, the blocking orders should be considered as a last resort measure and applied only when all other options are exhausted. Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation.
2021/07/08
Committee: IMCO
Amendment 386 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g
(g) ‘illegal content’ means any specific information,, which, in itself or by its reference to an or activity, including the sale of products or provision of services, which is not in compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law;
2021/07/19
Committee: JURI
Amendment 387 #

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, stores and disseminates to the public information, unless that activity is a minor andor a purely ancillary feature of another service or functionality of the principal service and, for objective and technical reasons, cannot be used without that other service, and the integration of the feature or functionality into the other service is not a means to circumvent the applicability of this Regulation.
2021/07/19
Committee: JURI
Amendment 390 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
(h a) ‘online social networking service’ means a platform that enables end users to connect, share, discover and communicate with each other across multiple devices and, in particular, via chats, posts, videos and recommendations;
2021/07/19
Committee: JURI
Amendment 393 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point h b (new)
(h b) ‘editorial platform’ means an intermediary service which is in connection with a press publication within the meaning of Article 2(4) of Directive (EU) 2019/790 or another editorial media service and which allows users to discuss topics generally covered by the relevant media or to comment editorial content and which is under the supervision of the editorial team of the publication or other editorial media.
2021/07/19
Committee: JURI
Amendment 394 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point i
(i) ‘dissemination to the public’ means taking an active role in making information available, at the request of the recipient of the service who provided the information, to a potentially unlimited number of third parties;
2021/07/19
Committee: JURI
Amendment 413 #

2020/0361(COD)

Proposal for a regulation
Article 3 – paragraph 1 – introductory part
1. Where an information society service is provided 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, or an improvement of the security of that transmission, the service provider shall not be liable for the information transmitted, on condition that the provider:
2021/07/19
Committee: JURI
Amendment 415 #

2020/0361(COD)

Proposal for a regulation
Article 3 – paragraph 3
3. This Article shall not affect the possibility for a court or functionally independent administrative authority, in accordance with Member States' legal systems, of requiring the service provider to terminate or prevent an infringement.
2021/07/19
Committee: JURI
Amendment 446 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Providers of intermediary services shall, upon the receipt of an order via a secure communications channel to act against a specific or multiple items of illegal content, 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.
2021/07/19
Committee: JURI
Amendment 452 #

2020/0361(COD)

Proposal for a regulation
Recital 51
(51) In view of the particular responsibilities and obligations of online platforms, they should be made subject to transparency reporting obligations, which apply in addition to the transparency reporting obligations applicable to all providers of intermediary services under this Regulation. For the purposes of determining whether online platforms may be very large online platforms that are subject to certain additional obligations under this Regulation, the transparency reporting obligations for online platforms should include certain obligations relating to the publication and communication of information on the average monthly active recipientend users of the service in the Union.
2021/07/08
Committee: IMCO
Amendment 454 #

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 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 parameters should include, if applicable, the optimisation goal selected by the advertiser, information on the use of custom lists, information on the use of lookalike audiences and in such case – relevant information on the seed audience and an explanation why the recipient of the advertisement has been determined to be part of the lookalike audience, meaningful information about the online platform’s algorithms or other tools used to optimise the delivery of the advertisement, including a specification of the optimisation goal and a meaningful explanation of reasons why the online platform has decided that the optimisation goal can be achieved by displaying the advertisement to this recipient. 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 466 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)
(c a) the actor receiving the order has technical and operational ability to act against specific, notified illegal content and has direct control over it.
2021/07/19
Committee: JURI
Amendment 468 #

2020/0361(COD)

Proposal for a regulation
Recital 53
(53) Given the importance of very large online platforms, due to their reach, in particular as expressed in number of recipientactive end users of the service, in facilitating public debate, economic transactions and the dissemination of information, opinions and ideas and in influencing how recipients obtain and communicate information online, it is necessary to impose specific obligations on those platforms, in addition to the obligations applicable to all online platforms. Those additional obligations on very large online platforms are necessary to address those public policy concerns, there being no alternative and less restrictive measures that would effectively achieve the same result.
2021/07/08
Committee: IMCO
Amendment 471 #

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 may have a disproportionately negative impact in the Union. Such significant reach should be considered to exist where the number of recipientactive end users exceeds an operational threshold set at 45 million, that is, a number equivalent to 10% of the Union population. The operational threshold should be kept up to date through amendments enacted by delegated acts, where necessary. In the process of establishing the methodology to calculate the total number of active end users, the Commission should take due account of the different type of platforms and their operations, as well as the potential need for the end user to register, engage in transaction or content in order to be considered as an active end user. 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 475 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 3 a (new)
3 a. The Digital Services Coordinator of each Member State, on its own initiative and within 96 hours of receiving a copy of the order to act through the system developed in accordance with paragraph 4a of this Article, shall have the right to scrutinise the order to determine whether it infringes the respective Member State's law and deem it invalid on its own territory by adopting a reasoned decision.
2021/07/19
Committee: JURI
Amendment 477 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 3 b (new)
3 b. Where the Digital Services Coordinator adopts a reasoned decision in accordance with paragraph 3a, a) the Digital Services Coordinator shall communicate that decision to the authority that issued that order and the concerned provider of the service, and, b) after receiving a decision finding that the content was not infact illegal, the concerned provider shall immediately reinstate the content or access thereto in the territory of the Member State of the Digital Services Coordinator who issued the decision.
2021/07/19
Committee: JURI
Amendment 480 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 4 a (new)
4 a. The Commission shall adopt implementing acts, organising a European information exchange system, allowing for secure communication and authentication of authorised orders between relevant authorities, Digital Services Coordinators and providers, as referred to in Articles 8(1), 8a(1) and 9(1). Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 70.
2021/07/19
Committee: JURI
Amendment 484 #

2020/0361(COD)

Proposal for a regulation
Article 8 a (new)
Article 8 a Orders to restore lawful content 1. Providers of intermediary services shall, upon the receipt of an order via a secure communications channel to restore a specific item or multiple items of removed content, 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. 2. Member States shall ensure that the orders referred to in paragraph 1 meet the following conditions: (a) the orders contain the following elements: (i) a statement of reasons explaining why the content in question is legal, by reference to the specific provision of Union or national law or court ruling; (ii) one or more exact uniform resource locators and, where necessary, additional information enabling the identification of the legal content concerned; (iii) information about redress available to the provider of the service who removed the content and to the recipient of the service who notified the content; (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 (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.
2021/07/19
Committee: JURI
Amendment 487 #

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 conditions. 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. Very large online platforms mayshould reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. They mayshould 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 487 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Providers of intermediary services shall, upon receipt of an order via a secure communications channel to provide a specific item of information about one or more specific individual recipients of the service, 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.
2021/07/19
Committee: JURI
Amendment 522 #

2020/0361(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. Providers of intermediary services shall make public the information necessary to easily identify and communicate with their single points of contact and ensure that information is up to date. Providers of intermediary services shall notify that information, including the name, postal address, the electronic mail address and telephone number of their single point of contact, to the Digital Services Coordinator in the Member State where they are established.
2021/07/19
Committee: JURI
Amendment 524 #

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 shall designate, in writing, a legal or natural person as their legal representative in at least one of the Member States where the provider offers its services. Very large online platforms shall designate a legal representative in each of the Member States where the provider offers its services.
2021/07/19
Committee: JURI
Amendment 529 #

2020/0361(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. Providers of intermediary services shall notify identification data, including the name, postal 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 established. They shall ensure that that information is up to date. The Digital Service Coordinator in the Member State where that legal representative resides or is established shall, upon receiving that information, make reasonable efforts to assess its validity.
2021/07/19
Committee: JURI
Amendment 530 #

2020/0361(COD)

Proposal for a regulation
Article 11 – paragraph 5 a (new)
5 a. Providers of online social networking services designated as very large online platform according to Article 25 shall designate a legal representative to be bound to obligations laid down in this Article at the request of the Digital Services Coordinator of the Member States where this provider offers its services.
2021/07/19
Committee: JURI
Amendment 532 #

2020/0361(COD)

Proposal for a regulation
Article 11 a (new)
Article 11 a Exclusions Articles 12 and 13 of Section 1, and the provisions of Section 2, and Section 3 of Chapter III shall not apply to: (a) editorial platforms within the meaning of Article 2(h a) of this Regulation; (b) online platforms that qualify as micro and medium-sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC; (c) an intermediary service, except very large online platforms, where it would constitute a disproportionate burden in view of its size, the nature of its activity and the risk posed to users.
2021/07/19
Committee: JURI
Amendment 538 #

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 for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear, plain, intelligible and unambiguous language and shall be publicly available in an easily accessible format.
2021/07/19
Committee: JURI
Amendment 539 #

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 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. In addition in order to ensure effective protection of rights of EU citizens that take into account diverse national laws and difference in socio- cultural context between countries, a Member State should exercise jurisdiction where it concerns online social networking services provided by very large online platforms which offer services to a significant number of recipients in a given Member State. Member States jurisdiction is particularly important in case of very large online platforms which are social networks because they play a central role in facilitating the public debate.
2021/07/08
Committee: IMCO
Amendment 549 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
2a. Providers designated as very large online platforms as referred to in Article 25, shall publish their terms and conditions in all official languages of the Union.
2021/07/19
Committee: JURI
Amendment 550 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 b (new)
2b. The Digital Services Coordinator of each Member State has the right to request very large online platforms, to apply measures and tools of content moderation, including algorithmic decision-making and human review reflecting Member State’s socio-cultural context. The framework for this cooperation as well as specific measures related thereto may be laid down in national legislation and shall be notified to the Commission.
2021/07/19
Committee: JURI
Amendment 553 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 c (new)
2c. The Digital Services Coordinator of each Member State, by means of national legislation, may request a very large online platform to cooperate with the Digital Services Coordinator of the Member State in question in handling cases involving the removal of lawful content online that is taken down erroneously if there is reason to believe that the Member State’s socio-cultural context may have played a vital role.
2021/07/19
Committee: JURI
Amendment 557 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 d (new)
2d. Where very large online platforms within the meaning of Article 25 of this Regulation otherwise allow for the dissemination to the public of press publications within the meaning of Article 2(4) of Directive (EU) 2019/790, such platforms shall not remove, disable access to, suspend or otherwise interfere with such content or the related service or suspend or terminate the related account on the basis of the alleged incompatibility of such content with its terms and conditions.
2021/07/19
Committee: JURI
Amendment 562 #

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 for taking the action specified in those orders;deleted
2021/07/19
Committee: JURI
Amendment 567 #

2020/0361(COD)

Proposal for a regulation
Recital 91
(91) The Board should bring together the representatives of the Digital Services Coordinators and possible other competent authorities under the chairmanship of the Commission, with a view to ensuring an assessment of matters submitted to it in a fully European dimension. In view of possible cross-cutting elements that may be of relevance for other regulatory frameworks at Union level, the Board should be allowed to cooperate with other Union bodies, offices, agencies and advisory groups with responsibilities in fields such as equality, including equality between women and men, and non- discrimination, data protection, competition, electronic communications, audiovisual services, detection and investigation of frauds against the EU budget as regards custom duties, or consumer protection, as necessary for the performance of its tasks.
2021/07/08
Committee: IMCO
Amendment 567 #

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, 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 and median time needed for taking the action;
2021/07/19
Committee: JURI
Amendment 571 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point d
(d) the number of complaints received through the internal complaint-handling system referred to in Article 17, the basis for those complaints, decisions taken in respect of those complaints, the average and median time needed for taking those decisions and the number of instances where those decisions were reversed.
2021/07/19
Committee: JURI
Amendment 576 #

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. Following an additional individual risk assessment, the Digital Services Coordinator of establishment may extend the exemption to selected medium-sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
2021/07/19
Committee: JURI
Amendment 580 #

2020/0361(COD)

2a. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down specific templates of reports referred to in paragraph 1.
2021/07/19
Committee: JURI
Amendment 591 #

2020/0361(COD)

2. TNotices submitted under the mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices, on the basis of which a diligent economic operatoreviewer can identify the illegality of the content in question. To that end, the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements:
2021/07/19
Committee: JURI
Amendment 595 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 2 – point b
(b) a clear indication of the electronic location of that information, in particular the exact URL or URLs, and, where necessary, and applicable additional information enabling the identification of the illegal content which shall be appropriate to the type of content and to the specific type of intermediary;
2021/07/19
Committee: JURI
Amendment 604 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. 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 Article 5 in respect of the specific item of information concerned. where there is no doubt as to the illegality of the specific item of content. In case of uncertainty and after taking reasonable steps to assess the illegality of the specific item of content, withholding from removal of the content by the provider shall be perceived as acting in good faith and should not lead to waiving the liability exemption provided for in Article 5.
2021/07/19
Committee: JURI
Amendment 613 #

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 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. Where the provider has no technical, operational or contractual ability to act against specific items of illegal content, it may hand over a notice to the provider that has direct control of specific items of illegal content, while informing the notifying person or entity and the relevant Digital Services Coordinator.
2021/07/19
Committee: JURI
Amendment 627 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or disable access, or otherwise limit the availability, visibility or accessibility to specific items of information, provided by the recipients of the service, irrespective of the means used for detecting, identifying or removing or disabling access to that information and of the reason for its decision, it shall inform the recipient, at the latest at the time of the removal or disabling of access, of the decision and provide a clear and specific statement of reasons for that decision.
2021/07/19
Committee: JURI
Amendment 644 #

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. Following an additional, individual risk assessment, the Digital Services Coordinator of establishment may extend the exemption to selected medium-sized enterprises.
2021/07/19
Committee: JURI
Amendment 649 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
(ba) 'active end user' means an individual successfully accessing an online interface and having significant interaction with it, its product or service;
2021/07/08
Committee: IMCO
Amendment 661 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
(ca) any other decisions that affect the availability, visibility or accessibility of that content or the account of the recipient's access to significant features of the platform's regular services.
2021/07/19
Committee: JURI
Amendment 672 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 4
4. Online platforms shall inform complainants without undue delay of the decision they have taken in respect of the information to which the complaint relates and shall inform complainants of the possibility of out-of-court dispute settlement provided for in Article 18 and other available redress possibilities. The decision mentioned in this paragraph shall also include: – information on whether the decision referred to in paragraph 1 was taken as a result of human review or through automated means; – in case the decision referred to in paragraph 1 is upheld, a detailed explanation on how the information to which the complaint relates to is in breach of the platform’s terms and conditions or why the online platform considers the information to be unlawful.
2021/07/19
Committee: JURI
Amendment 674 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f – indent 3
— a ‘hosting’ service that consists of the storage of information provided by, and at the request of, a recipient of the service, unless this activity is an ancillary and additional feature of another service which is not an information society service and cannot, for objective or technical reasons, be provided independently of it;
2021/07/08
Committee: IMCO
Amendment 674 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. Online platforms shall ensure that the decisions, referred to in paragraph 4, are not solely taken on the basis of automated means. Complainants shall have the right to request human review and consultation with relevant online platforms’ staff with respect to content to which the complaint relates to.
2021/07/19
Committee: JURI
Amendment 676 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 5 a (new)
5a. Recipients of the service negatively affected by the decision of an online platform shall have the possibility to seek swift judicial redress in accordance with the laws of the Member States concerned. The procedure shall ensure that an independent judicial authority decides on the matter without undue delay, reaching a decision within 14 working days while granting the negatively affected party the right to seek interim measures to be imposed within 48 hours from when their redress is brought before this judicial authority. The rights to seek judicial redress and to obtain interim measures shall not be limited or subjected to the condition of exhausting the internal complaint-handling system.
2021/07/19
Committee: JURI
Amendment 689 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g
(g) ‘illegal content’ means any specific information,, which, in itself or by its reference to an or activity, including the sale of products or provision of services, which is not in compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law;
2021/07/08
Committee: IMCO
Amendment 698 #

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, stores and disseminates to the public information, unless that activity is a minor andor a purely ancillary feature of another service or functionality of the principal service and, for objective and technical reasons, cannot be used without that other service, and the integration of the feature or functionality into the other service is not a means to circumvent the applicability of this Regulation.
2021/07/08
Committee: IMCO
Amendment 702 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 6 a (new)
6a. Member States shall establish a mechanism enabling the recipients of the service to contest decisions of out-of-court dispute settlement bodies before a national judicial authority or an administrative authority relevant for resolving disputes related to particular content.
2021/07/19
Committee: JURI
Amendment 703 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
(ha) ‘online social networking service’ means a platform that enables end users to connect, share, discover and communicate with each other across multiple devices and, in particular, via chats, posts, videos and recommendations;
2021/07/08
Committee: IMCO
Amendment 708 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. Online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by competent trusted flaggers, addressing allegedly illegal content that can seriously affect public security, policy or consumers' health or safety through the mechanisms referred to in Article 14, are processed and decided upon with priority and without delay.
2021/07/19
Committee: JURI
Amendment 710 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point i
(i) ‘dissemination to the public’ means taking an active role in making information available, at the request of the recipient of the service who provided the information, to a potentially unlimited number of third parties;
2021/07/08
Committee: IMCO
Amendment 713 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
(ia) ‘online marketplace’ means an online platform which facilitates traders to access consumers, advertises their offer and redirects to their profile or website, regardless of whether the transaction is finalised on the platform or outside the platform;
2021/07/08
Committee: IMCO
Amendment 716 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point a
(a) it has particular expertise and competence that could be exercised in one or more Member States for the purposes of detecting, identifying and notifying specific types of illegal content;
2021/07/19
Committee: JURI
Amendment 730 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 3
3. Digital Services Coordinators shall communicate to the Commission and the Board the names, addresses and electronic mail addresses of the entities to which they have awarded the status of the trusted flagger in accordance with paragraph 2. This communication shall include the geographical scope within which the trusted flagger competence was recognised based on the approval of a particular Digital Services Coordinator and information on expertise and competence declared by the trusted flagger.
2021/07/19
Committee: JURI
Amendment 732 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 4
4. The Commission shall publish the information referred to in paragraph 3 in a publicly available database and keep the database updated. Notices referred to in paragraph 1 of this Article shall be proceeded with priority with respect to the geographical scope of the trusted flagger, according to awarding of the status by Member States.
2021/07/19
Committee: JURI
Amendment 733 #

2020/0361(COD)

4a. Trusted flaggers shall provide the Digital Services Coordinator of establishment with clear and accessible reports on notices they sent during the relevant period, at least once every three years. Those reports shall include information on: (a) the number of notices submitted in accordance with Article 14, categorised by the type of presumed illegal content concerned; (b) the number and percentage of notices that led to the removal or suspension of the content concerned; and (c) the number of notices that were considered to be insufficiently precise or inadequately substantiated by the online platforms.
2021/07/19
Committee: JURI
Amendment 748 #

2020/0361(COD)

Proposal for a regulation
Article 3 – paragraph 1 – introductory part
1. Where an information society service is provided 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, or an improvement of the security of that transmission, the service provider shall not be liable for the information transmitted, on condition that the provider:
2021/07/08
Committee: IMCO
Amendment 750 #

2020/0361(COD)

Proposal for a regulation
Article 3 – paragraph 3
3. This Article shall not affect the possibility for a court or functionally independent administrative authority, in accordance with Member States' legal systems, of requiring the service provider to terminate or prevent an infringement.
2021/07/08
Committee: IMCO
Amendment 754 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. Online platforms shallProviders of hosting services may suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints- handling systems referred to in Articles 14 and 17, respectively, by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.
2021/07/19
Committee: JURI
Amendment 805 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Providers of intermediary services shall, upon the receipt of an order via a secure communications channel to act against a specific or multiple items of illegal content, 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 818 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. Online platforms shall publish, at least once every six months, information on the average monthly active recipientend users of the service in each Member State, calculated as an average over the period of the past six months, in accordance with the methodology laid down in the delegated acts adopted pursuant to Article 25(2).
2021/07/19
Committee: JURI
Amendment 839 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)
(ca) the actor receiving the order has technical and operational ability to act against specific, notified illegal content and has direct control over it.
2021/07/08
Committee: IMCO
Amendment 845 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 1
1. This Section shall apply to online platforms which provide for at least four consecutive months their services to a number of average monthly active recipientend users of the service in the Union equal to or higher than 45 million, calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3.
2021/07/19
Committee: JURI
Amendment 847 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 3 a (new)
3a. The Digital Services Coordinator of each Member State, on its own initiative and within 96 hours of receiving a copy of the order to act through the system developed in accordance with paragraph 4a of this Article, shall have the right to scrutinise the order to determine whether it infringes the respective Member State's law and deem it invalid on its own territory by adopting a reasoned decision.
2021/07/08
Committee: IMCO
Amendment 847 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 3
3. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down a specific methodology for calculating the number of average monthly active recipientend users of the service in the Union, for the purposes of paragraph 1. The methodology shall specify, in particular, how to determine the Union’s population and criteria to determine the average monthly active recipientend users of the service in the Union, taking into account different accessibility features.
2021/07/19
Committee: JURI
Amendment 848 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 3 b (new)
3b. Where the Digital Services Coordinator adopts a reasoned decision in accordance with paragraph 3a, (a) the Digital Services Coordinator shall communicate that decision to the authority that issued that order and the concerned provider of the service, and, (b) after receiving a decision finding that the content was not in fact illegal, the concerned provider shall immediately reinstate the content or access thereto in the territory of the Member State of the Digital Services Coordinator who issued the decision.
2021/07/08
Committee: IMCO
Amendment 849 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 4 – introductory part
4. The Digital Services Coordinator of establishment shall verify, at least every six months, whether the number of average monthly active recipientend users of the service in the Union of online platforms under their jurisdiction is equal to or higher than the number referred to in paragraph 1. On the basis of that verification, it shall adopt a decision designating the online platform as a very large online platform for the purposes of this Regulation, or terminating that designation, and communicate that decision, without undue delay, to the online platform concerned and to the Commission.
2021/07/19
Committee: JURI
Amendment 850 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 4 a (new)
4a. After receiving the decision about the designation as a very large online platform, the online platform may appeal this decision before the Digital Services Coordinator issuing the designation within 60 days. The Digital Services Coordinator may consult the Board. The Digital Services Coordinator shall especially consider the following information while assessing the appeal: (a) the type of content usually shared and the type of the active end user on a given online platform; (b) the exposure to the illegal content as reported under Article 23 and measures taken to mitigate the risks by the online platform; and (c) the exposure to the systemic risks as referred to in Article 26. The Digital Services Coordinator shall decide on the appeal within 60 days. The Digital Services Coordinator may repeatedly initiate this procedure when deemed necessary, after accepting the appeal.
2021/07/19
Committee: JURI
Amendment 851 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 4 b (new)
4b. The Digital Services Coordinator of establishment may request any online platform to submit a report assessing the dissemination of illegal content through their services, when justified by the information provided in the report submitted in accordance with Article 23. If, after thorough assessment, the Digital Services Coordinator has identified the platform in question as posing significant systemic risks stemming from dissemination of illegal content through their services in the Union, the Digital Services Coordinator may then require proportionate compliance with some or all obligations of Articles 26 to 37.
2021/07/19
Committee: JURI
Amendment 852 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 4 c (new)
4c. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down specific methodology for the purpose of paragraph 4a and 4b.
2021/07/19
Committee: JURI
Amendment 854 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 4 a (new)
4a. The Commission shall adopt implementing acts, organising a European information exchange system, allowing for secure communication and authentication of authorised orders between relevant authorities, Digital Services Coordinators and providers, as referred to in Articles 8(1), 8a(1) and 9(1). Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 70.
2021/07/08
Committee: IMCO
Amendment 856 #

2020/0361(COD)

Proposal for a regulation
Article 8 a (new)
Article 8a Orders to restore lawful content 1. Providers of intermediary services shall, upon the receipt of an order via a secure communications channel to restore a specific item or multiple items of removed content, 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. 2. Member States shall ensure that the orders referred to in paragraph 1 meet the following conditions: (a) the orders contain the following elements: (i) a statement of reasons explaining why the content in question is legal, by reference to the specific provision of Union or national law or court ruling; (ii) one or more exact uniform resource locators and, where necessary, additional information enabling the identification of the legal content concerned; (iii) information about redress available to the provider of the service who removed the content and to the recipient of the service who notified the content; (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 (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.
2021/07/08
Committee: IMCO
Amendment 861 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Providers of intermediary services shall, upon receipt of an order via a secure communications channel to provide a specific item of information about one or more specific individual recipients of the service, 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 867 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of the fundamental rights to respect for private and family life, freedom and pluralism of the media, 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;
2021/07/19
Committee: JURI
Amendment 901 #

2020/0361(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. Providers of intermediary services shall make public the information necessary to easily identify and communicate with their single points of contact and ensure that information is up to date. Providers of intermediary services shall notify that information, including the name, postal address, the electronic mail address and telephone number of their single point of contact, to the Digital Services Coordinator in the Member State where they are established.
2021/07/08
Committee: IMCO
Amendment 910 #

2020/0361(COD)

Proposal for a regulation
Article 27 a (new)
Article 27a Mitigation of risks for the freedom of expression and freedom and pluralism of the media 1. Very large online platforms shall ensure that the exercise of the fundamental rights of freedom of expression and freedom and pluralism of the media is always adequately and effectively protected. 2. Where very large online platforms allow for the dissemination of press publications within the meaning of Art. 2(4) of Directive (EU) 2019/790, of audiovisual media services within the meaning of Article 1(1)(a) of Directive 2010/13/EU (AVMS) or of other editorial media, which are published in compliance with applicable Union and national law under the editorial responsibility and control of a press publisher, audiovisual or other media service provider, who can be held liable under the laws of a Member State, the platforms shall be prohibited from removing, disabling access to, suspending or otherwise interfering with such content or services or suspending or terminating the service providers’ accounts on the basis of the alleged incompatibility of such content with their terms and conditions[, as well as on the basis of any self-regulatory or co- regulatory standard or measure, including Codes of Conduct pursuant to Article 35 of this Regulation]. [The same shall apply to books and films or other expressions of opinion or statements of fact for the purpose of exercising the right to freedom of expression as enshrined in Article 11 of the Charter.] 3. Very large online platforms shall ensure that their content moderation, their decision-making processes, the features or functioning of their services, their terms and conditions and recommender systems are objective, fair and non-discriminatory.
2021/07/19
Committee: JURI
Amendment 916 #

2020/0361(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. Providers of intermediary services shall notify identification data, including the name, postal 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 established. They shall ensure that that information is up to date. The Digital Service Coordinator in the Member State where that legal representative resides or is established shall, upon receiving that information, make reasonable efforts to assess its validity.
2021/07/08
Committee: IMCO
Amendment 920 #

2020/0361(COD)

Proposal for a regulation
Article 11 – paragraph 5 a (new)
5a. Providers of online social networking services designated as very large online platform according to Article 25 shall designate a legal representative to be bound to obligations laid down in this Article at the request of the Digital Services Coordinator of the Member States where this provider offers its services.
2021/07/08
Committee: IMCO
Amendment 932 #

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 for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and unambiguous, straightforward and understandable language and shall be publicly available in an easily accessible format.
2021/07/08
Committee: IMCO
Amendment 932 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 1
1. Very large online platforms that use recommender systems shall set out in or any otheir systerms and conditions, in a clear, accessible and easily comprehensible manner, the main parameters used used to determine the order of presentation of content, including their recommender systems, as well as any options for the recipients of the service to modify or influence those main parameose which decrease the visibility of content, shall set out in their terms that they may have made available, including at least one option which is not based on profiling, withinand conditions, in a clear, accessible and easily comprehensible manner, the meaning of Article 4 (4) of Regulation (EU) 2016/679ain parameters used in these systems.
2021/07/19
Committee: JURI
Amendment 933 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 1 a (new)
1a. The main parameters referred to in paragraph 1 of this Article shall include at least the following elements: (a) the main criteria used by the relevant recommender system; (b) how these criteria are prioritised; (c) the optimisation goal of the relevant recommender system; and (d) an explanation of the role that the behaviour of the recipients of the service plays in how the relevant recommender system functions.
2021/07/19
Committee: JURI
Amendment 934 #

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 for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear, plain, intelligible and unambiguous language and shall be publicly available in an easily accessible format.
2021/07/08
Committee: IMCO
Amendment 936 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 1 b (new)
1b. Very large online platforms shall provide options for the recipients of the service to modify or influence parameters referred to in paragraph 2, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation(EU) 2016/679.
2021/07/19
Committee: JURI
Amendment 937 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 1 c (new)
1c. The parameters used in recommender systems shall always be fair and non-discriminatory.
2021/07/19
Committee: JURI
Amendment 939 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 2
2. Where several options are available pursuant to paragraph 1, vVery large online platforms shall provide an easily accessible functionality on their online interface allowing the recipient of the service to: (a) select and to modify at any time their preferred option for each of the recommender systems that determines the relative order of information presented to them; (b) select third party recommender systems.
2021/07/19
Committee: JURI
Amendment 954 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
2a. Providers designated as very large online platforms as referred to in Article 25, shall publish their terms and conditions in all official languages of the Union.
2021/07/08
Committee: IMCO
Amendment 958 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 b (new)
2b. The Digital Services Coordinator of each Member State has the right to request very large online platforms to apply measures and tools of content moderation, including algorithmic decision-making and human review reflecting Member State’s socio-cultural context. The framework for this cooperation as well as specific measures related thereto may be laid down in national legislation and shall be notified to the Commission.
2021/07/08
Committee: IMCO
Amendment 961 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 c (new)
2c. The Digital Services Coordinator of each Member State, by means of national legislation, may request a very large online platform to cooperate with the Digital Services Coordinator of the Member State in question in handling cases involving the removal of lawful content online that is taken down erroneously if there is reason to believe that the Member State’s socio-cultural context may have played a vital role.
2021/07/08
Committee: IMCO
Amendment 980 #

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 for taking the action specified in those orders;deleted
2021/07/08
Committee: IMCO
Amendment 986 #

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, 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 and median time needed for taking the action;
2021/07/08
Committee: IMCO
Amendment 993 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point d
(d) the number of complaints received through the internal complaint-handling system referred to in Article 17, the basis for those complaints, decisions taken in respect of those complaints, the average and median time needed for taking those decisions and the number of instances where those decisions were reversed.
2021/07/08
Committee: IMCO
Amendment 1003 #

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. Following an additional individual risk assessment, the Digital Services Coordinator of establishment may extend the exemption to selected medium-sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
2021/07/08
Committee: IMCO
Amendment 1011 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 2 a (new)
2a. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down specific templates of reports referred to in paragraph 1.
2021/07/08
Committee: IMCO
Amendment 1014 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 1
1. The Commission and the Board shall encouragehave the right to request and facilitate the drawing up of codes of conduct at Union level to contribute to the proper application of this Regulation, taking into account in particular the specific challenges of tackling different types of illegal content and systemic risks, in accordance with Union law, in particular on competition and the protection of personal data.
2021/07/19
Committee: JURI
Amendment 1018 #

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 may inviteshall request 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.
2021/07/19
Committee: JURI
Amendment 1036 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 2 – introductory part
2. TNotices submitted under the mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices, on the basis of which a diligent economic operatoreviewer can identify the illegality of the content in question. To that end, the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements:
2021/07/08
Committee: IMCO
Amendment 1044 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 2 – point b
(b) a clear indication of the electronic location of that information, in particular the exact URL or URLs, and, where necessary, and applicable additional information enabling the identification of the illegal content; which shall be appropriate to the type of content and to the specific type of intermediary;
2021/07/08
Committee: IMCO
Amendment 1055 #

2020/0361(COD)

Proposal for a regulation
Article 40 – paragraph 3 a (new)
3a. Member States shall have jurisdiction for the purposes of Chapters III and IV of this Regulation where providers online social networking services designated as very large online platforms are concerned, as defined in Article 25 and which offer services to a significant number of active end users of the service in a given Member State which can be calculated on the basis of Article 23(2).
2021/07/19
Committee: JURI
Amendment 1056 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. 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 Article 5 in respect of the specific item of information concerned where there is no doubt as to the illegality of the specific item of content. In case of uncertainty and after taking reasonable steps to assess the illegality of the specific item of content, withholding from removal of the content by the provider shall be perceived as acting in good faith and shall not lead to waiving the liability exemption provided for in Article 5.
2021/07/08
Committee: IMCO
Amendment 1066 #

2020/0361(COD)

Proposal for a regulation
Article 43 – paragraph 1
Recipients of the service shall have the right to lodge a complaint against providers of intermediary services alleging an infringement of this Regulation with the Digital Services Coordinator of the Member State where the recipient resides or is established. The Digital Services Coordinator shall assess the complaint and, where appropriate, transmit it to the Digital Services Coordinator of establishment. Assessment of the complaint can be supplemented by the opinion of Digital Services Coordinator of the Member State, where the recipient resides or is established, on how the matter should be resolved taking into account national law and socio-cultural context of a given Member State. Where the complaint falls under the responsibility of another competent authority in its Member State, the Digital Service Coordinator receiving the complaint shall transmit it to that authority.
2021/07/19
Committee: JURI
Amendment 1070 #

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 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. Where the provider has no technical, operational or contractual ability to act against specific items of illegal content, it may hand over a notice to the provider that has direct control of specific items of illegal content, while informing the notifying person or entity and the relevant Digital Services Coordinator.
2021/07/08
Committee: IMCO
Amendment 1070 #

2020/0361(COD)

Proposal for a regulation
Article 43 – paragraph 1 a (new)
Pursuant to paragraph 1 of this Article, the Digital Services Coordinator of establishment, in cases concerning a complaint transmitted by the Digital Services Coordinator of the Member State where the recipient resides or is established, shall assess the matter in a timely manner and shall inform the Digital Services Coordinator of the Member State where the recipient resides or is established, on how the complaint has been handled.
2021/07/19
Committee: JURI
Amendment 1076 #

2020/0361(COD)

Proposal for a regulation
Article 44 – paragraph 2 – point a
(a) the number and subject matter of orders to act against illegal content and orders to provide information, including at least information on the name of the issuing authority, the name of the provider and the type of action specified in the order, issued in accordance with Articles 8, 8a and 9 by any national judicial or administrative authority of the Member State of the Digital Services Coordinator concerned;
2021/07/19
Committee: JURI
Amendment 1078 #

2020/0361(COD)

Proposal for a regulation
Article 44 – paragraph 2 a (new)
2a. Based on the information published by Digital Services Coordinators, the Commission shall submit to the European Parliament and to the Council a dedicated biennial report analysing the aggregated data on orders referred to in Articles 8, 8a and 9 and issued by the Digital Services Coordinators, with a special attention being paid to potential abusive use of these Articles. The report shall provide a comprehensive overview of the orders to act against illegal content and it shall provide, for a specific period of time, the possibility to assess the activities of Digital Services Coordinators.
2021/07/19
Committee: JURI
Amendment 1079 #

2020/0361(COD)

Proposal for a regulation
Article 44 – paragraph 3 a (new)
3a. The Commission shall adopt implementing acts to lay down templates concerning the form, content and other details of reports pursuant to paragraph 1. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 4 of Regulation (EU) No 182/2011.
2021/07/19
Committee: JURI
Amendment 1082 #

2020/0361(COD)

Proposal for a regulation
Article 45 – paragraph 1 a (new)
1a. A request or recommendation pursuant to paragraph 1 of this Article shall not preclude the possibility of Digital Services Coordinator of the Member State where the recipient of the service resides or is established, to be able to carry out its own investigation concerning a suspected infringement of this Regulation by a provider of an intermediary service.
2021/07/19
Committee: JURI
Amendment 1085 #

2020/0361(COD)

Proposal for a regulation
Article 45 – paragraph 2 a (new)
2a. A recommendation pursuant to paragraphs 1 and 2 of this Article may additionally indicate: (a) an opinion on matters that involve taking into account national law and socio-cultural context; and (b) a draft decision based on investigation pursuant to paragraph 1a of this Article.
2021/07/19
Committee: JURI
Amendment 1096 #

2020/0361(COD)

Proposal for a regulation
Article 45 – paragraph 7
7. Where, pursuant to paragraph 6, the Commission concludes that the assessment or the investigatory or enforcement measures taken or envisaged pursuant to paragraph 4 are incompatible with this Regulation, it shall request the Digital Service Coordinator of establishment to further assess the matter and take the necessary investigatory or enforcement measures to ensure compliance with this Regulation, and to inform it about those measures taken within two months from that request. This information should be also transmitted to the Digital Services Coordinator or the Board that initiated the proceedings pursuant to paragraph 1.
2021/07/19
Committee: JURI
Amendment 1098 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or disable access, or otherwise limit the availability, visibility or accessibility to specific items of information, provided by the recipients of the service, irrespective of the means used for detecting, identifying or removing or disabling access to that information and of the reason for its decision, it shall inform the recipient, at the latest at the time of the removal or disabling of access, 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 48 – paragraph 6
6. The Board shall adopt its rules of procedure, following the consent of and inform the Commission thereof.
2021/07/19
Committee: JURI
Amendment 1106 #

2020/0361(COD)

Proposal for a regulation
Article 49 – paragraph 1 – point d
(d) advise the Commission to take the measures referred to in Article 51 and, where requested by the Commission, adopt opinions on draft Commission measuradopt opinions on issues concerning very large online platforms in accordance with this Regulation;
2021/07/19
Committee: JURI
Amendment 1108 #

2020/0361(COD)

Proposal for a regulation
Article 49 – paragraph 1 – point e a (new)
(ea) issue opinions, recommendations or advice on matters related to Article 34.
2021/07/19
Committee: JURI
Amendment 1130 #

2020/0361(COD)

Proposal for a regulation
Article 52 – paragraph 1
1. In order to carry out the tasks assigned to it under this Section, the Commission may by simple request or by decision require the very large online platforms concerned, their legal representatives, as well as any other persons acting for purposes related to their trade, business, craft or profession that may be reasonably be aware of information relating to the suspected infringement or the infringement, as applicable, including organisations performing the audits referred to in Articles 28 and 50(3), to provide such information within a reasonable time period.
2021/07/19
Committee: JURI
Amendment 1138 #

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. Following an additional, individual risk assessment, the Digital Services Coordinator of establishment may extend the exemption to selected medium-sized enterprises.
2021/07/08
Committee: IMCO
Amendment 1145 #

2020/0361(COD)

Proposal for a regulation
Article 69 – paragraph 2
2. The delegation of power referred to in Articles 13, 23, 25, and 31 shall be conferred on the Commission for an indeterminate period of time from [date of expected adoption of the Regulation].
2021/07/19
Committee: JURI
Amendment 1146 #

2020/0361(COD)

Proposal for a regulation
Article 69 – paragraph 3
3. The delegation of power referred to in Articles 13, 23, 25 and 31 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.
2021/07/19
Committee: JURI
Amendment 1147 #

2020/0361(COD)

Proposal for a regulation
Article 69 – paragraph 5
5. A delegated act adopted pursuant to Articles 13, 23, 25 and 31 shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of threefour months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.
2021/07/19
Committee: JURI
Amendment 1148 #

2020/0361(COD)

Proposal for a regulation
Article 73 – paragraph 1
1. By fivthree years after the entry into force of this Regulation at the latest, and every fivthree years thereafter, the Commission shall evaluate this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee. On the basis of the findings and taking into utmost account the opinion of the Board, that report shall, where appropriate, be accompanied by a proposal for amendment of this Regulation.
2021/07/19
Committee: JURI
Amendment 1149 #

2020/0361(COD)

Proposal for a regulation
Article 73 – paragraph 4
4. By three years from the date of application of this Regulation at the latest, the Commission, after consulting the Board, shall carry out an assessment of the functioning of the Board and shall report it to the European Parliament, the Council and the European Economic and Social Committee, taking into account the first years of application of the Regulation. On the basis of the findings and taking into utmost account the opinion of the Board, that report shall, where appropriate, be accompanied by a proposal for amendment of this Regulation with regard to the structure of the Board.deleted
2021/07/19
Committee: JURI
Amendment 1150 #

2020/0361(COD)

Proposal for a regulation
Article 74 – paragraph 2 – introductory part
2. It shall apply from [date - thrsixteen months after its entry into force].
2021/07/19
Committee: JURI
Amendment 1164 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
(ca) any other decisions that affect the availability, visibility or accessibility of that content or the account of the recipient's access to significant features of the platform's regular services.
2021/07/08
Committee: IMCO
Amendment 1186 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 4
4. Online platforms shall inform complainants without undue delay of the decision they have taken in respect of the information to which the complaint relates and shall inform complainants of the possibility of out-of-court dispute settlement provided for in Article 18 and other available redress possibilities. The decision mentioned in this paragraph shall also include: - information on whether the decision referred to in paragraph 1 was taken as a result of human review or through automated means; - in case the decision referred to in paragraph 1 is upheld, a detailed explanation on how the information to which the complaint relates to is in breach of the platform’s terms and conditions or why the online platform considers the information to be unlawful.
2021/07/08
Committee: IMCO
Amendment 1192 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. Online platforms shall ensure that the decisions, referred to in paragraph 4, are not solely taken on the basis of automated means. Complainants shall have the right to request human review and consultation with relevant online platforms’ staff with respect to content to which the complaint relates to.
2021/07/08
Committee: IMCO
Amendment 1197 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 5 a (new)
5a. Recipients of the service negatively affected by the decision of an online platform shall have the possibility to seek swift judicial redress in accordance with the laws of the Member States concerned. The procedure shall ensure that an independent judicial authority decides on the matter without undue delay, reaching a decision within 14 working days while granting the negatively affected party the right to seek interim measures to be imposed within 48 hours from when their redress is brought before this judicial authority. The rights to seek judicial redress and to obtain interim measures shall not be limited or subjected to the condition of exhausting the internal complaint-handling system.
2021/07/08
Committee: IMCO
Amendment 1254 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 6 a (new)
6a. Member States shall establish a mechanism enabling the recipients of the service to contest decisions of out-of-court dispute settlement bodies before a national judicial authority or an administrative authority relevant for resolving disputes related to particular content.
2021/07/08
Committee: IMCO
Amendment 1261 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. Online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by competent trusted flaggers, addressing allegedly illegal content that can seriously affect public security, policy or consumers' health or safety through the mechanisms referred to in Article 14, are processed and decided upon with priority and without delay.
2021/07/08
Committee: IMCO
Amendment 1270 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point a
(a) it has particular expertise and competence that could be exercised in one or more Member States for the purposes of detecting, identifying and notifying specific types of illegal content;
2021/07/08
Committee: IMCO
Amendment 1294 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 3
3. Digital Services Coordinators shall communicate to the Commission and the Board the names, addresses and electronic mail addresses of the entities to which they have awarded the status of the trusted flagger in accordance with paragraph 2. This communication shall include the geographical scope within which the trusted flagger competence was recognised based on the approval of a particular Digital Services Coordinator and information on expertise and competence declared by the trusted flagger.
2021/07/08
Committee: IMCO
Amendment 1298 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 4
4. The Commission shall publish the information referred to in paragraph 3 in a publicly available database and keep the database updated. Notices referred to in paragraph 1 of this Article shall be proceeded with priority with respect to the geographical scope of the trusted flagger, according to awarding of the status by Member States.
2021/07/08
Committee: IMCO
Amendment 1300 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 4 a (new)
4a. Trusted flaggers shall provide the Digital Services Coordinator of establishment with clear and accessible reports on notices they sent during the relevant period, at least once every three years. Those reports shall include information on: (a) the number of notices submitted in accordance with Article 14, categorised by the type of presumed illegal content concerned; (b) the number and percentage of notices that led to the removal or suspension of the content concerned; and (c) the number of notices that were considered to be insufficiently precise or inadequately substantiated by the online platforms.
2021/07/08
Committee: IMCO
Amendment 1330 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. Online platforms shallProviders of hosting services may suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints- handling systems referred to in Articles 14 and 17, respectively, by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.
2021/07/08
Committee: IMCO
Amendment 1380 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point b
(b) a copy of the identification document of the trader or any other electronic identification as defined by Article 3 of Regulation (EU) No 910/2014 of the European Parliament and of the Council50 ; __________________ 50Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/ECdeleted
2021/07/08
Committee: IMCO
Amendment 1382 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point c
(c) the bank account details of the trader, where the trader is a natural personas defined by Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation, the Financial Account Identifier to which the Consideration is paid or credited, insofar as it is available to the online platform;
2021/07/08
Committee: IMCO
Amendment 1390 #

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.deleted
2021/07/08
Committee: IMCO
Amendment 1408 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. The online platform shall, upon receiving that information, make reasonable efforts to assess whether the identification of the trader as information referred to in points (a), (b), (c) (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online databasreliable and independent source or online interface made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sources.
2021/07/08
Committee: IMCO
Amendment 1435 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 4
4. The online platform 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 in accordance with applicable laws.
2021/07/08
Committee: IMCO
Amendment 1441 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 6
6. The online platform shall make the information referred to in points (a), (d), (e) and (f) of paragraph 1 available to the recipients of the service, in a clear, easily accessible and comprehensible manner. Where certain information may not be disclosed for privacy reasons, the online platform shall disclose the information in a way that is not detrimental to the trader’s business operations. The online platform shall also provide effective means for the recipients of the service to enter in direct contact with the trader, whether through the information referred to in paragraph 1(b) or (c) or through any other electronic means made available by the online platform.
2021/07/08
Committee: IMCO
Amendment 1475 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. Online platforms shall publish, at least once every six months, information on the average monthly active recipientend users of the service in each Member State, calculated as an average over the period of the past six months, in accordance with the methodology laid down in the delegated acts adopted pursuant to Article 25(2).
2021/07/08
Committee: IMCO
Amendment 1533 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 1
1. This Section shall apply to online platforms which provide for at least four consecutive months their services to a number of average monthly active recipientend users of the service in the Union equal to or higher than 45 million, calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3.
2021/07/08
Committee: IMCO
Amendment 1535 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 3
3. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down a specific methodology for calculating the number of average monthly active recipientend users of the service in the Union, for the purposes of paragraph 1. The methodology shall specify, in particular, how to determine the Union’s population and criteria to determine the average monthly active recipientend users of the service in the Union, taking into account different accessibility features.
2021/07/08
Committee: IMCO
Amendment 1538 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 4 – subparagraph 1
The Digital Services Coordinator of establishment shall verify, at least every six months, whether the number of average monthly active recipientend users of the service in the Union of online platforms under their jurisdiction is equal to or higher than the number referred to in paragraph 1. On the basis of that verification, it shall adopt a decision designating the online platform as a very large online platform for the purposes of this Regulation, or terminating that designation, and communicate that decision, without undue delay, to the online platform concerned and to the Commission.
2021/07/08
Committee: IMCO
Amendment 1539 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 4 a (new)
4a. After receiving the decision about the designation as a very large online platform, the online platform may appeal this decision before the Digital Services Coordinator issuing the designation within 60 days. The Digital Services Coordinator may consult the Board. The Digital Services Coordinator shall especially consider the following information while assessing the appeal: (a) the type of content usually shared and the type of the active end user on a given online platform; (b) the exposure to the illegal content as reported under Article 23 and measures taken to mitigate the risks by the online platform; and (c) the exposure to the systemic risks as referred to in Article 26. The Digital Services Coordinator shall decide on the appeal within 60 days. The Digital Services Coordinator may repeatedly initiate this procedure when deemed necessary, after accepting the appeal.
2021/07/08
Committee: IMCO
Amendment 1541 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 4 b (new)
4b. The Digital Services Coordinator of establishment may request any online platform to submit a report assessing the dissemination of illegal content through their services, when justified by the information provided in the report submitted in accordance with Article 23. If, after thorough assessment, the Digital Services Coordinator has identified the platform in question as posing significant systemic risks stemming from dissemination of illegal content through their services in the Union, the Digital Services Coordinator may then require proportionate compliance with some or all obligations of Articles 26 to 37.
2021/07/08
Committee: IMCO
Amendment 1542 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 4 c (new)
4c. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down specific methodology for the purpose of paragraph 4a and 4b.
2021/07/08
Committee: IMCO
Amendment 1693 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 1
1. Very large online platforms that use recommender systems shall set out in or any otheir systerms and conditions, in a clear, accessible and easily comprehensible manner, the main parameters used used to determine the order of presentation of content, including their recommender systems, as well as any options for the recipients of the service to modify or influence those main parameose which decrease the visibility of content, shall set out in their terms 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) 2016/679and conditions, in a clear, accessible and easily comprehensible manner, the main parameters used in these systems.
2021/07/08
Committee: IMCO
Amendment 1696 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 1 a (new)
1a. The main parameters referred to in paragraph 1 of this Article shall include, at least the following elements: (a) the main criteria used by the relevant recommender system; (b) how these criteria are prioritised; (c) the optimisation goal of the relevant recommender system; and (d) an explanation of the role that the behaviour of the recipients of the service plays in how the relevant recommender system functions.
2021/07/08
Committee: IMCO
Amendment 1699 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 1 b (new)
1b. Very large online platforms shall provide options for the recipients of the service to modify or influence parameters referred to in paragraph 2, 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 1700 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 2
2. Where several options are available pursuant to paragraph 1, vVery large online platforms shall provide an easily accessible functionality on their online interface allowing the recipient of the service to; (a) select and to modify at any time their preferred option for each of the recommender systems that determines the relative order of information presented to them; (b) select third party recommender systems.
2021/07/08
Committee: IMCO
Amendment 1849 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 1
1. The Commission and the Board shall encouragehave the right to request and facilitate the drawing up of codes of conduct at Union level to contribute to the proper application of this Regulation, taking into account in particular the specific challenges of tackling different types of illegal content and systemic risks, in accordance with Union law, in particular on competition and the protection of personal data.
2021/07/08
Committee: IMCO
Amendment 1855 #

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 may inviteshall request 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 1936 #

2020/0361(COD)

Proposal for a regulation
Article 40 – paragraph 3 a (new)
3a. Member State shall have jurisdiction for the purposes of Chapters III and IV of this Regulation where providers online social networking services designated as very large online platforms are concerned, as defined in Article 25 and which offer services to a significant number of active end users of the service in a given Member State which can be calculated on the basis of Article 23(2).
2021/07/08
Committee: IMCO
Amendment 1967 #

2020/0361(COD)

Proposal for a regulation
Article 43 – paragraph 1
Recipients of the service shall have the right to lodge a complaint against providers of intermediary services alleging an infringement of this Regulation with the Digital Services Coordinator of the Member State where the recipient resides or is established. The Digital Services Coordinator shall assess the complaint and, where appropriate, transmit it to the Digital Services Coordinator of establishment. Assessment of the complaint can be supplemented by the opinion of Digital Services Coordinator of the Member State, where the recipient resides or is established, on how the matter should be resolved taking into account national law and socio-cultural context of a given Member State. Where the complaint falls under the responsibility of another competent authority in its Member State, the Digital Service Coordinator receiving the complaint shall transmit it to that authority.
2021/07/08
Committee: IMCO
Amendment 1970 #

2020/0361(COD)

Proposal for a regulation
Article 43 – paragraph 1 a (new)
Pursuant to paragraph 1 of this Article, the Digital Services Coordinator of establishment, in cases concerning a complaint transmitted by the Digital Services Coordinator of the Member State where the recipient resides or is established, shall assess the matter in a timely manner and shall inform the Digital Services Coordinator of the Member State where the recipient resides or is established, on how the complaint has been handled.
2021/07/08
Committee: IMCO
Amendment 1976 #

2020/0361(COD)

Proposal for a regulation
Article 44 – paragraph 2 – point a
(a) the number and subject matter of orders to act against illegal content and orders to provide information, including at least information on the name of the issuing authority, the name of the provider and the type of action specified in the order, issued in accordance with Articles 8, 8a and 9 by any national judicial or administrative authority of the Member State of the Digital Services Coordinator concerned;
2021/07/08
Committee: IMCO
Amendment 1981 #

2020/0361(COD)

Proposal for a regulation
Article 44 – paragraph 2 a (new)
2a. Based on the information published by Digital Services Coordinators, the Commission shall submit to the European Parliament and to the Council a dedicated biennial report analysing the aggregated data on orders referred to in Articles 8, 8a and 9 and issued by the Digital Services Coordinators, with a special attention being paid to potential abusive use of these Articles. The report shall provide a comprehensive overview of the orders to act against illegal content and it shall provide, for a specific period of time, the possibility to assess the activities of Digital Services Coordinators.
2021/07/08
Committee: IMCO
Amendment 1982 #

2020/0361(COD)

Proposal for a regulation
Article 44 – paragraph 3 a (new)
3a. The Commission shall adopt implementing acts to lay down templates concerning the form, content and other details of reports pursuant to paragraph 1. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 4 of Regulation (EU) No 182/2011.
2021/07/08
Committee: IMCO
Amendment 1988 #

2020/0361(COD)

Proposal for a regulation
Article 45 – paragraph 1 a (new)
1a. A request or recommendation pursuant to paragraph 1 of this Article shall not preclude the possibility of Digital Services Coordinator of the Member State where the recipient of the service resides or is established, to be able to carry out its own investigation concerning a suspected infringement of this Regulation by a provider of an intermediary service.
2021/07/08
Committee: IMCO
Amendment 1994 #

2020/0361(COD)

Proposal for a regulation
Article 45 – paragraph 2 a (new)
2a. A recommendation pursuant to paragraphs 1 and 2 of this Article may additionally indicate: (a) an opinion on matters that involve taking into account national law and socio-cultural context; and (b) a draft decision based on investigation pursuant to paragraph 1a of this Article.
2021/07/08
Committee: IMCO
Amendment 2011 #

2020/0361(COD)

Proposal for a regulation
Article 45 – paragraph 7
7. Where, pursuant to paragraph 6, the Commission concludes that the assessment or the investigatory or enforcement measures taken or envisaged pursuant to paragraph 4 are incompatible with this Regulation, it shall request the Digital Service Coordinator of establishment to further assess the matter and take the necessary investigatory or enforcement measures to ensure compliance with this Regulation, and to inform it about those measures taken within two months from that request. This information shall be also transmitted to the Digital Services Coordinator or the Board that initiated the proceedings pursuant to paragraph 1.
2021/07/08
Committee: IMCO
Amendment 2072 #

2020/0361(COD)

Proposal for a regulation
Article 48 – paragraph 6
6. The Board shall adopt its rules of procedure, following the consent of and inform the Commission thereof.
2021/07/08
Committee: IMCO
Amendment 2086 #

2020/0361(COD)

Proposal for a regulation
Article 49 – paragraph 1 – point d
(d) advise the Commission to take the measures referred to in Article 51 and, where requested by the Commission, adopt opinions on draft Commission measuradopt opinions on issues concerning very large online platforms in accordance with this Regulation;
2021/07/08
Committee: IMCO
Amendment 2090 #

2020/0361(COD)

Proposal for a regulation
Article 49 – paragraph 1 – point e a (new)
(ea) issue opinions, recommendations or advice on matters related to Article 34.
2021/07/08
Committee: IMCO
Amendment 2141 #

2020/0361(COD)

Proposal for a regulation
Article 52 – paragraph 1
1. In order to carry out the tasks assigned to it under this Section, the Commission may by simple request or by decision require the very large online platforms concerned, their legal representatives, as well as any other persons acting for purposes related to their trade, business, craft or profession that may be reasonably be aware of information relating to the suspected infringement or the infringement, as applicable, including organisations performing the audits referred to in Articles 28 and 50(3), to provide such information within a reasonable time period.
2021/07/08
Committee: IMCO
Amendment 2201 #

2020/0361(COD)

Proposal for a regulation
Article 58 – paragraph 5
5. Where the Commission finds that the conditions of paragraph 1 are not met, it shall close the investigation by a decision. and order the power to remove content or to restrict access to an online interface or to order the explicit display of a warning to recipients when they access an online interface;
2021/07/08
Committee: IMCO
Amendment 2206 #

2020/0361(COD)

Proposal for a regulation
Article 58 – paragraph 5 a (new)
5a. The decision ordered pursuant to paragraph 5 should be executable with immediate effect.
2021/07/08
Committee: IMCO
Amendment 2281 #

2020/0361(COD)

Proposal for a regulation
Article 69 – paragraph 2
2. The delegation of power referred to in Articles 13, 23, 25, and 31 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 2283 #

2020/0361(COD)

Proposal for a regulation
Article 69 – paragraph 3
3. The delegation of power referred to in Articles 13, 23, 25 and 31 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 2286 #

2020/0361(COD)

Proposal for a regulation
Article 69 – paragraph 5
5. A delegated act adopted pursuant to Articles 13, 23, 25 and 31 shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of threefour months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.
2021/07/08
Committee: IMCO
Amendment 2290 #

2020/0361(COD)

Proposal for a regulation
Article 73 – paragraph 1
1. By fivthree years after the entry into force of this Regulation at the latest, and every fivthree years thereafter, the Commission shall evaluate this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee. On the basis of the findings and taking into utmost account the opinion of the Board, that report shall, where appropriate, be accompanied by a proposal for amendment of this Regulation.
2021/07/08
Committee: IMCO
Amendment 2291 #

2020/0361(COD)

Proposal for a regulation
Article 73 – paragraph 4
4. By three years from the date of application of this Regulation at the latest, the Commission, after consulting the Board, shall carry out an assessment of the functioning of the Board and shall report it to the European Parliament, the Council and the European Economic and Social Committee, taking into account the first years of application of the Regulation. On the basis of the findings and taking into utmost account the opinion of the Board, that report shall, where appropriate, be accompanied by a proposal for amendment of this Regulation with regard to the structure of the Board.deleted
2021/07/08
Committee: IMCO
Amendment 2295 #

2020/0361(COD)

Proposal for a regulation
Article 74 – paragraph 2
2. It shall apply from [date - thrsixteen months after its entry into force].
2021/07/08
Committee: IMCO
Amendment 39 #

2020/0359(COD)

Proposal for a directive
Article 5 – paragraph 3
3. Member States shall notify their national cybersecurity strategies to the Commission within three months from their adoption. Member States may exclude specific information from the notification where and to the extent that it is strictly necessary to preserve national security.
2021/05/28
Committee: TRAN
Amendment 254 #

2020/0340(COD)

Proposal for a regulation
Article 5 – paragraph 5 a (new)
(5a) Conditions for re-use shall be uniformly applied across Member States. The European Data Innovation Board shall support competent authorities and ensure harmonisation, coordination and consistent practice.
2021/05/28
Committee: IMCO
Amendment 256 #

2020/0340(COD)

Proposal for a regulation
Article 5 – paragraph 6
(6) Where the re-use of data cannot be granted in accordance with the obligations laid down in paragraphs 3 to 5 and there is no other legal basis for transmitting the data under Regulation (EU) 2016/679, the public sector body shall support re-users in seeking consent of the data subjects and/or permission from the legal entities whose rights and interests may be affected by such re-use, where it is feasible without disproportionate cost for the public sector. In that task they may be assisted by the competent bodies referred to in Article 7 (1).deleted
2021/05/28
Committee: IMCO
Amendment 263 #

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 thiimplementing powers should be conferred on the Commission as Rregulation byards 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-countries. The implementing powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
2021/05/28
Committee: IMCO
Amendment 268 #

2020/0340(COD)

Proposal for a regulation
Article 6 – paragraph 2 a (new)
(2a) Any fees shall be reasonable, proportionate and shall not exceed marginal costs in line with Directive (EU) 2019/1024.
2021/05/28
Committee: IMCO
Amendment 280 #

2020/0340(COD)

Proposal for a regulation
Article 8 – paragraph 2 a (new)
(2a) The single information point may develop additional services regarding data access and data sharing, including information on data re-use requests under Directive (EU) 2019/1024.
2021/05/28
Committee: IMCO
Amendment 282 #

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 time, and in any case within twohree months from the date of the request.
2021/05/28
Committee: IMCO
Amendment 299 #

2020/0340(COD)

Proposal for a regulation
Article 10 – paragraph 7
(7) At the request of the provider, the competent authority shall, within onetwo weeks, issue a standardised declaration, confirming that the provider has submitted the notification referred to in paragraph 4.
2021/05/28
Committee: IMCO
Amendment 305 #

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 their data and transfer of their data in case of insolvency;
2021/05/28
Committee: IMCO
Amendment 309 #

2020/0340(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 9
(9) the provider shall have procedures in place to ensure compliance with the Union and national rules on competition and consumer protection;
2021/05/28
Committee: IMCO
Amendment 328 #

2020/0340(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point b
(b) operate on a not-for-profit basis and be independent from any entity involved in the collection, processing or storage of data that operates on a for-profit basis;
2021/05/28
Committee: IMCO
Amendment 329 #

2020/0340(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point b a (new)
(ba) provide supervisory mechanisms, such as ethics boards or councils, to ensure that the data controller maintains high standards of scientific ethics;
2021/05/28
Committee: IMCO
Amendment 330 #

2020/0340(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point b b (new)
(bb) provide effective technical means to withdraw or modify consent at any moment, based on the information obligations of data processors under Regulation (EU) 2016/679;
2021/05/28
Committee: IMCO
Amendment 331 #

2020/0340(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point b c (new)
(bc) provide the means to keep data subjects informed of the use of the data they have made available;
2021/05/28
Committee: IMCO
Amendment 333 #

2020/0340(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
(ca) ensures technical and organisational requirements for the application of data protection standards and the exercise of data subjects' rights, including the right to transfer data;
2021/05/28
Committee: IMCO
Amendment 347 #

2020/0340(COD)

Proposal for a regulation
Article 18 – paragraph 2 – point c
(c) a list of all natural and legal persons that were allowed to use data it holds, including a summarycomprehensive description of the general interest purposes pursued by such data use and the description of the technical means used for it, including a description of the techniques used to preserve privacy and data protection;
2021/05/28
Committee: IMCO
Amendment 364 #

2020/0340(COD)

Proposal for a regulation
Article 22 – paragraph 4
(4) The form shall be available in all the official languages of the EU in a manner that can be printed on paper and read by humans as well as in an electronic, machine-readable form.
2021/05/28
Committee: IMCO
Amendment 366 #

2020/0340(COD)

Proposal for a regulation
Article 23 – paragraph 6 a (new)
(6a) Member States shall regularly report to the Commission and the European Data Innovation Board on the activities that competent authorities carry pursuant to this Regulation. The Commission and the Board shall be informed, in particular, about the financial and human resources allocated to the activities pursuant to this Regulation.
2021/05/28
Committee: IMCO
Amendment 368 #

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 spaces and other representatives of competent authorities in specific sectors. and composed of the following groups:
2021/05/28
Committee: IMCO
Amendment 370 #

2020/0340(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point a (new)
(a) representatives of: (i) competent authorities of all the Member States; (ii) the European Data Protection Board; (iii) the Commission; (iv) European Union Agency for Cybersecurity; (v) relevant data spaces; (vi) other representatives of competent authorities in specific sectors; (b) experts representing relevant private stakeholders and business sectors, representing relevant industries, and persons with data related expertise; (c) experts appointed in a personal capacity, who have proven knowledge and experience in the areas covered by this Regulation.
2021/05/28
Committee: IMCO
Amendment 371 #

2020/0340(COD)

Proposal for a regulation
Article 26 – paragraph 2
(2) Stakeholders and relevant third parties may be invited to attend meetings of the Board and to participate in its work.deleted
2021/05/28
Committee: IMCO
Amendment 373 #

2020/0340(COD)

Proposal for a regulation
Article 26 – paragraph 2
(2) Stakeholders and relevant third parties including industry and civil society organisations may be invited to attend meetings of the Board and to participate in its work.
2021/05/28
Committee: IMCO
Amendment 375 #

2020/0340(COD)

Proposal for a regulation
Article 26 – paragraph 4 a (new)
(4a) The Board shall carry out its tasks in accordance with the principle of transparency. The Commission shall publish the minutes of the meetings of the Board and other relevant documents on the Commission website.
2021/05/28
Committee: IMCO
Amendment 381 #

2020/0340(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point e a (new)
(ea) to facilitate cooperation between Member States in relation to the rules on penalties laid down by the Member States pursuant to Article 31 and to issue recommendations as regards the harmonisation of those penalties across the Union.
2021/05/28
Committee: IMCO
Amendment 382 #

2020/0340(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point e a (new)
(ea) to provide expertise, recommendations and advise to the Commission on the possible need to amend this or other related regulations, such as Directive (EU) 2019/1024;
2021/05/28
Committee: IMCO
Amendment 383 #

2020/0340(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point e b (new)
(eb) By [PO: insert date 5 years after date of entry into force of this Regulation] the Commission after consultation with the Board shall carry out review of the Board activities, summarising its most important actions, provided added value, issued recommendations and overall contributions to the development of the European Data Market. The conclusions shall be submitted as a report to the European Parliament and the Council.
2021/05/28
Committee: IMCO
Amendment 384 #

2020/0340(COD)

Proposal for a regulation
Article 27 – paragraph 1 a (new)
The Board shall develop recommendations to ensure the consistency between the practices of the competent authorities and shall draft opinions on the status of the application of the Regulation in Member States. If inconsistent practices that could lead to fragmentation of the Single Market have been identified, the Board shall draft decisions for the Commission to adopt. Such decisions may require Member States to take all necessary measures to ensure consistency of practices and prevent market fragmentation.
2021/05/28
Committee: IMCO
Amendment 42 #

2020/0264(COD)

Proposal for a regulation
Recital 8
(8) Cooperation between national supervisory authorities in the area of performance review is important to ensure smooth application of Union law in this area and should thus be facilitated, namely through the establishment of an Advisory Board for Performance Review based on the already existing bodies.
2021/02/04
Committee: TRAN
Amendment 118 #

2020/0264(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 c – paragraph 2
2. The members of the Regulatory Board for Performance Review and their alternates shall be formally appointed by the Management Board, on a proposal from the Commission, after consultation of Eurocontrol, following a public call for expression of interest. The members of the Regulatory Board for Performance Review shall be appointed on the basis of merit as well as skills and experience relevant to the air traffic managementATM/ANS or economic regulation of network industries. Gender and geographical balance shall be taken into account. In order for it to be adopted, the decision on the appointment of the members of the Regulatory Board for Performance Review requires a positive vote from the Commission representative in the Management Board.
2021/02/04
Committee: TRAN
Amendment 156 #

2020/0264(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 l – paragraph 2
2. The members of the Appeal Board for Performance Review shall be formally appointed by the Management Board, on a proposal from the Commission, following a public call for expression of interest, after consulting the Regulatory Board for Performance Review.
2021/02/04
Committee: TRAN
Amendment 181 #

2020/0264(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 14
Regulation (EU) 2018/1139
Article 120 a – paragraph 3 – point a a (new)
(a a) a financial contribution from the Union for the setting up of the Agency acting as PRB for all the expenditures necessary to initiate the supervision by the Agency acting as PRB and the cost associated with the Appeal Board functions;
2021/02/04
Committee: TRAN
Amendment 201 #

2020/0264(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 18
Regulation (EU) 2018/1139
Article 126 a – paragraph 1 – point g
(g) the verification of unit rates in preparation of the setting of those rates by the national supervisory authorities, in accordance with Article 21 of [amended SES2+];deleted
2021/02/04
Committee: TRAN
Amendment 88 #

2020/0036(COD)

Proposal for a regulation
Recital 6
(6) Achieving climate neutrality should require a contribution from all economic sectors. In light of the importance of energy production and consumption on greenhouse gas emissions, the transition to a sustainable, affordable and secure energy system relying on a well-functioning internal energy market is essential. The digital transformation, technological innovation, and research and development are also important drivers for achieving the climate-neutrality objective, while providing adequate EU financial support mechanisms.
2020/06/04
Committee: TRAN
Amendment 116 #

2020/0036(COD)

Proposal for a regulation
Recital 12
(12) The Union should aim to achieve a balance between anthropogenic economy- wide emissions and removals, through natural and technological solutions, of greenhouse gases domestically within the Union by 2050. The Union-wide 2050 climate- neutrality objective should be pursued by all Member States collectively, and the Member States, the European Parliament, the Council and the Commission should take the necessary measures to enable its achievement. Measures at Union level will constitute an important part of the measures needed to achieve the objective.
2020/06/04
Committee: TRAN
Amendment 122 #

2020/0036(COD)

Proposal for a regulation
Recital 12 a (new)
(12 a) As a matter of justice and solidarity, the application of Union support mechanisms and funding such as the Just Transition Fund provided for in Regulation (EU) …/…of the European Parliament and of the Council, should take into account Member States' different starting points to reach climate neutrality.
2020/06/04
Committee: TRAN
Amendment 179 #

2020/0036(COD)

Proposal for a regulation
Recital 21
(21) In order to provide predictability and confidence for all economic actors, including businesses, workers, investors and consumers, to ensure that the in a gradual transition towards climate neutrality is irreversible, to ensurto ensure over time gradual reduction over time and to assist in the assessment of the consistency of measures and progress with the climate-neutrality objective, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to set out a trajectory for achieving net zero greenhouse gas emissions in the Union by 2050. It is of particular importance that the Commission carries 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-Making37 . 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. _________________ 37Commission, while setting out a trajectory for achieving net zero greenhouse gas emissions in the Union by 2050, should submit appropriate legislative proposals to the European Parliament and the Council. OJ L 123, 12.5.2016, p. 1.
2020/06/04
Committee: TRAN
Amendment 278 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 9 to supplement this Regulation by setting out a trajectory at Union level to achieve the climate-neutrality objective set out in Article 2(1) until 2050While setting out the greenhouse emission trajectory at the European Union level aiming at achieving net zero greenhouse emissions until 2050, the European Commission shall present to Parliament European and Council relevant legislative proposals. At the latest within six months after each global stocktake referred to in Article 14 of the Paris Agreement, the Commission shall review the trajectory.
2020/06/04
Committee: TRAN
Amendment 294 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point a
(a) cost-effectiveness and economic efficiency;, including adjustment costs
2020/06/04
Committee: TRAN
Amendment 319 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point g
(g) investment needs and opportunities, including level of the available financial support from the EU's funds;
2020/06/04
Committee: TRAN
Amendment 339 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point j a (new)
(j a) preventing carbon and investment leakage particularly in the energy- intensive industry exposed to global competition;
2020/06/04
Committee: TRAN
Amendment 342 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point j b (new)
(j b) carbon footprint related to the goods consumption in the European Union;
2020/06/04
Committee: TRAN
Amendment 357 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point a
(a) the collective progress made by all Member States towards the achievement of the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1) and based on the criteria set out in Article 3(3);
2020/06/04
Committee: TRAN
Amendment 416 #

2020/0036(COD)

Proposal for a regulation
Article 9
1. The power to adopt delegated acts referred to in Article 3(1) is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 3(1) shall be conferred on the Commission for an indeterminate period of time from …[OP: date of entry into force of this Regulation]. 3. The delegation of power referred to in Article 3(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision 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. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 3 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.Article 9 deleted Exercise of the delegation
2020/06/04
Committee: TRAN
Amendment 35 #

2020/0006(COD)

Proposal for a regulation
Recital 5
(5) This Regulation establishes the Just Transition Fund (‘JTF’) which is one of the pillars of the Just Transition Mechanism implemented under cohesion policy. The aim of the JTF is to support the actions targeted at a fair and successful energy transition towards a climate-neutral economy and mitigate the adverse effects of the climate transition by supporting the most affected territories and workers concerned. In line with the JTF specific objective, actions supported by the JTF should directly contribute to implement a fair energy transition and to alleviate the impact of the transition by financing the investments in the low-emission production of energy, the development of low-emission transport the diversification and modernisation of the local economy and by mitigating the negative repercussions on employment. This is reflected in the JTF specific objective, which is established at the same level and listed together with the policy objectives set out in Article [4] of Regulation EU [new CPR].
2020/06/17
Committee: TRAN
Amendment 45 #

2020/0006(COD)

Proposal for a regulation
Recital 7
(7) The resources from the JTF shouldmay complement the resources available under cohesion policy.
2020/06/17
Committee: TRAN
Amendment 57 #

2020/0006(COD)

(10) This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union. The list of investments should include those that support local economies and are sustainable in the long- term, taking into account all the objectives of the Green Deal. The projects financed should contribute to a transition to a climate-neutral and circular economy. For declining sectors, such as energy production based on coal, lignite, peat and oil shale or extraction activities for these solid fossil fuels, support should be linked to the phasing out of the activity and the corresponding reduction in the employment level. As regards transforming sectors with high greenhouse gas emission levels, support should promote new activities through the deployment of new technologies, new processes or products, leading to significant emission reduction, in line with the EU 2030 climate objectives and EU climate neutrality by 205013 while maintaining and enhancing employment and avoiding environmental degradation. Particular attention should also be given to activities enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of transport availability and accessibility, digitalisation and connectivity, provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a climate- neutral and circular economy. _________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
2020/06/17
Committee: TRAN
Amendment 74 #

2020/0006(COD)

Proposal for a regulation
Recital 13
(13) In order to provide flexibility for the programming of the JTF resources under the Investment for jobs and growth goal, it should be possible to prepare a self- standing JTF programme or to programme JTF resources in one or more dedicated priorities within a programme supported by the European Regional Development Fund (‘ERDF’), the European Social Fund Plus (‘ESF+’) or the Cohesion Fund. In accordance with Article 21a of Regulation (EU) [new CPR], JTF resources shouldmay be reinforced on a voluntary basis with complementary funding from the ERDF and the ESF+. The respective amounts transferred from the ERDF and the ESF+ should be consistent with the type of operations set out in the territorial just transition plans.
2020/06/17
Committee: TRAN
Amendment 86 #

2020/0006(COD)

Proposal for a regulation
Recital 16
(16) In order to enhance the result orientation of the use of JTF resources, the Commission, in line with the principle of proportionality, should be able to apply financial corrections in case of serious underachievement of targets established for the JTF specific objective.deleted
2020/06/17
Committee: TRAN
Amendment 87 #

2020/0006(COD)

Proposal for a regulation
Recital 16 a (new)
(16a) The investment areas and priorities identified by the European Commission in Annex D to the Country Reports 2020 should be indicative and not limit Member States in proposing areas for the JTF support.
2020/06/17
Committee: TRAN
Amendment 94 #

2020/0006(COD)

Proposal for a regulation
Article 2 – paragraph 1
In accordance with the second subparagraph of Article [4(1)] of Regulation (EU) [new CPR], the JTF shall contribute to the single specific objective supporting the actions targeted at a fair and successful energy transition towards a climate-neutral economy and‘ enabling regions and people to address the social, economic and environmental impacts of theat transition towards a climate-neutral economy’.
2020/06/17
Committee: TRAN
Amendment 126 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point e a (new)
(ea) investments in transport availability and accessibility;
2020/06/17
Committee: TRAN
Amendment 134 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g a (new)
(ga) investments contributing to reducing emissions in all transport modes;
2020/06/17
Committee: TRAN
Amendment 137 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g b (new)
(gb) investments in sustainable multimodal urban mobility;
2020/06/17
Committee: TRAN
Amendment 139 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g c (new)
(gc) investment related to the production, processing, distribution, storage or combustion of natural gas;
2020/06/17
Committee: TRAN
Amendment 140 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g d (new)
(gd) investments in energy efficiency measures and renewable energy, including investments in all types of district heating
2020/06/17
Committee: TRAN
Amendment 160 #

2020/0006(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) undertakings in difficulty, as defined in Article 2(18) of Commission Regulation (EU) No 651/201416 ; _________________ 16Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ L 187, 26.6.2014, p. 1).deleted
2020/06/17
Committee: TRAN
Amendment 163 #

2020/0006(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) investment related to the production, processing, distribution, storage or combustion of fossil fuels;deleted
2020/06/17
Committee: TRAN
Amendment 217 #

2020/0006(COD)

Proposal for a regulation
Article 9
Where the Commission concludes, based on the examination of the final performance report of the programme, that there is a failure to achieve at least 65% of the target established for one or more output or result indicators for the JTF resources, it may make financial corrections pursuant to Article [98] of Regulation (EU) [new CPR] by reducing the support from the JTF to the priority concerned in proportion to the achievements.Article 9 deleted Financial corrections
2020/06/17
Committee: TRAN
Amendment 21 #

2019/2213(BUD)

Draft opinion
Paragraph 4
4. Believes EU transport financing should be aligned to thethat Green Deal’s regulatory requirements and that full alignment with the Paris Agreement should be guaranteedions will particularly affect the road transport sector and that EU transport financing should therefore be aligned accordingly;
2020/02/27
Committee: TRAN
Amendment 39 #

2019/2213(BUD)

Draft opinion
Paragraph 6
6. Underlines, therefore, that appropriate funding for transport projects will be instrumental in accelerating the shift to sustainable and smart mobility and in implementing the Green Deal’s legislative priorities through measures based on new technologies, boosting multimodal transport, the development of automated and connected multimodal mobility and an increase in the production and deployment of sustainable alternative fuels;
2020/02/27
Committee: TRAN
Amendment 67 #

2019/2213(BUD)

Draft opinion
Paragraph 9
9. Strongly requests the introduction of a specific allocation for sustainable tourism to better reflect the importance of tourism in the EU economy and the role the EU can play in making it more sustainable;deleted
2020/02/27
Committee: TRAN
Amendment 19 #

2019/2200(INI)

Motion for a resolution
Paragraph 2
2. Reiterates its full support for Georgia’s sovereignty and territorial integrity within its internationally recognised borders and commitment to continue contributing to the peaceful resolution of the Russia-Georgia conflict, including through the EUSR for the South Caucasus and the crisis in Georgia, the Co-Chairmanship of the Geneva International Discussions, the actions of EUMM and the policy of non-recognition and engagement; strongly condemns the illegal occupation of the Georgian regions of Abkhazia and Tskhinvali/South Ossetia by the Russian Federation and the ongoing borderisation process; emphasises that the AA covers the entire territory of Georgia, including its occupied regions, and aims to benefit its whole population; calls on the Russian Federation to fulfil its obligations under the EU-mediated ceasefire agreement of 12 August 2008, notably to withdraw all its military forces from Georgia’s occupied territories and allow the European Union Monitoring Mission (EUMM) unhindered access to the whole territory of Georgia; asks the Commission and the EEAS to enhance their efforts to resolve the conflict peacefully, including through the EUMM and the EU Special Representative for the South Caucasus and the crisis in Georgia;
2020/05/26
Committee: AFET
Amendment 28 #

2019/2200(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Asks the Commission and the EEAS to keep the peaceful resolution of the Russia-Georgia conflict high on their agenda, including with Russia, and enhance their efforts to promote the implementation of the 12 August 2008 Ceasefire Agreement by Russia, which EU mediated; in this regard calls on the EEAS to perform an impartial and thorough assessment of all key parts of this agreement and clear information which are still not fulfilled by the Russian Federation;
2020/05/26
Committee: AFET
Amendment 30 #

2019/2200(INI)

Motion for a resolution
Paragraph 2 b (new)
2b. Underlines the need to implement effective measures to effectively investigate and fight foreign disinformation and propaganda that is undermining Georgian institutions and promoting anti-Western narratives as well as polarisation in the society; encourage Georgian government to implement EU's good practices and solutions, such as the “Action Plan against disinformation” and "EU Code of Practice on Disinformation" in cooperation with EU institutions;
2020/05/26
Committee: AFET
Amendment 31 #

2019/2200(INI)

Motion for a resolution
Paragraph 2 c (new)
2c. Commends efforts of Georgian healthcare workers, the government and other people involved in fight against the coronavirus; recognizes vital contribution of the Tbilisi-based Lugar biomedical lab, which is funded by the US government and has been the target of Russian disinformation campaigns and conspiracy theories since it opened;
2020/05/26
Committee: AFET
Amendment 36 #

2019/2200(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the fact that Georgian citizens have made 900 000 visa-free visits to Schengen and Schengen-associated countries since March 2017; is concerned by the increasing number of unfounded asylum requests by Georgian citizens; calls on all the Member States that have not already done so to recognise Georgia as a safe country of origin in order to speed up the processing of such requests; stresses the importance of continuous implementation of the visa liberalisation benchmarks by Georgia; takes note however of the increasing number of unfounded asylum requests by Georgian citizens;
2020/05/26
Committee: AFET
Amendment 37 #

2019/2200(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Underlines Georgia's role as a reliable partner of the European Union and a significant contributor to the CSDP and NATO missions and operations; calls on the Council and the EEAS to further engage with Georgia in the area of CSDP, in particular considering Georgia’s interest to discuss the possibility of its participation in PESCO projects, as well as develop cooperation with the relevant EU agencies, when it is of mutual interest for both the EU and Georgia.
2020/05/26
Committee: AFET
Amendment 39 #

2019/2200(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Condemns Russia’s hybrid warfare against Georgia and frequent attempts to use Georgia as a testing ground for its disinformation activities as well as malicious cyber capabilities, as recently revealed by the massive cyber- attack on Georgia’s infrastructure in October 2019; calls to the Council and the EEAS to step up cooperation in cyber security with Georgia as a matter of mutual interest;
2020/05/26
Committee: AFET
Amendment 46 #

2019/2200(INI)

Motion for a resolution
Paragraph 4
4. Commends the Georgian authorities for completing the constitutional reform process and the major political parties for signing the Memorandum of Understanding of 8 March 2020, which established the key features of the electoral system to be used for the upcoming parliamentary elections; calls on all parties to ensure that the agreement is translated into law and fully implemented as soon as possible and elimination of political interference into justice system; welcomes the pardoning of Gigi Ugulava and Irakli Okruashvili by the President of Georgia as an important step towards the full implementation of Memorandum; looks forward to seeing the agreed-upon changes made to the electoral system when the Georgian parliament returns to work in the next weeks, as well as the release of Giorgi Rurua, a media owner who was detained in November;
2020/05/26
Committee: AFET
Amendment 53 #

2019/2200(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Following the agreement reached by the political parties on 8 March, expresses strengthened hope for normalization of political climate in the run up to the elections and that the campaign will be free of violence and abuse of justice system for political purposes; underlines, however, that any further misuse of administrative resources and acts of violence against leaders of legitimate opposition may lead to personal sanctions on perpetrators of such acts and officials responsible for instigating them;
2020/05/26
Committee: AFET
Amendment 60 #

2019/2200(INI)

Motion for a resolution
Paragraph 5
5. Calls on the Georgian authorities to implement swiftly and fully the OSCE/ODIHR recommendations and review relevant legislation to address the identified shortcomings and concerns enumerated in the OSCE/ODIHR and other legitimate election observation reports, particularly those related to impunity of violence, vote-buying as well as the ability of voters, especially civil servants, “to vote free from pressure and fear of retribution”;
2020/05/26
Committee: AFET
Amendment 68 #

2019/2200(INI)

Motion for a resolution
Paragraph 6
6. Underlines the importance of media freedom, which should entail equal access for all political parties to the media during the upcoming electoral campaign, pluralistic and non-discriminatory coverage of political views in programmes by public and private broadcasters, clear provisions regulating free and paid advertisements, and improved transparency through strengthened media monitoring; taking into account previous criticism by ODIHR and Reporters Without Borders, urges the Georgian Dream party and the government to ensure effective handling of information environment in the run up to the 2020 elections and to work with the civil society and the private sector to limit and prevent information manipulations, including disinformation and propaganda campaigns against any political group or the country;
2020/05/26
Committee: AFET
Amendment 70 #

2019/2200(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Acknowledges that the media landscape in Georgia is dynamic and pluralistic, but also polarised; expresses deep concern that media outlets critical towards the government often become subject of pressure in the form of court cases against the founders (Nika Gvaramia of TV Mtavari), arrest of the shareholders (Giorgi Rurua and TV Mtavari), financial and tax related charges (Avtandil Tsereteli and TV Pirveli) and firing or resignation of critical TV journalists and editors (Public Broadcaster of the Autonomous Republic of Adjara);
2020/05/26
Committee: AFET
Amendment 83 #

2019/2200(INI)

Motion for a resolution
Paragraph 7
7. Expresses its concern about recent court cases against opposition politicians, which contributed to a climate of increased mistrust and heightened tensions between the ruling party and the opposition, and led to a polarisation of politics and society; calls on Georgia to respect the highest standards of judicial independence and fair trial as committed to under the AAexpresses concern that violent incidents against opposition leaders and peaceful demonstrators often remain unpunished, despite clear evidence linking such attacks with ruling party sympathisers and officials;
2020/05/26
Committee: AFET
Amendment 150 #

2019/2200(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Encourages Georgian government to take full advantage of existing mechanisms to foster diversification of trade and encourage internal entrepreneurship and foreign direct investments, as well as additional transparent measures of security screening of the FDIs;
2020/05/26
Committee: AFET
Amendment 162 #

2019/2200(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Calls to move forward with infrastructural projects of strategic importance for developing regional transportation and trade; in this regard expresses its hope that Georgia will accelerate construction of the Anaklia Deep Sea Port, in line with Georgia’s strategic Euro-Atlantic objectives; is concerned, however, about the numerous obstacles of administrative and political nature that continue to hinder the project, as well as with signs of Russian interference;
2020/05/26
Committee: AFET
Amendment 1 #

2019/2199(INI)

Draft opinion
Paragraph 1
1. Stresses the importance of the use of the EU Charter of Fundamental Rights by Member States at a national level by national courts and through inclusion in legislative procedures; regrets that there has only been a limited attempt at promoting the application of its provisions, even though it is an obligation stated in Article 51 of the Charter;
2020/02/27
Committee: PETI
Amendment 18 #

2019/2199(INI)

Draft opinion
Paragraph 2
2. Notes with concern that a number of Member States have not fully or correctly implemented the Council Framework Decision of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law1 and its minimum standards on offences of denying, condoning and grossly trivialising certain crimes; _________________ 1 OJ L 328 of 6.12.2008, p. 55-58.
2020/02/27
Committee: PETI
Amendment 28 #

2019/2199(INI)

Draft opinion
Paragraph 3
3. Emphasises that an independent judiciary, freedom of expression and information and media pluralism are crucial components of the rule of law; calls on the Commission to enforce these core EU values when infringed by Member States;
2020/02/27
Committee: PETI
Amendment 64 #

2019/2199(INI)

Draft opinion
Paragraph 6
6. Calls on the Council to urgently conclude the EU ratification of the Istanbul Convention on preventing and combating violance against women and domestic violence, on the basis of a broad accession, without any limitation; calls on as well the remaining Member States to ratify and implement the Convention; expresses its concerns that several Member States have incorrectly, or only partially, implemented the convention; calls on the Commission to review the implementing legislation.deleted
2020/02/27
Committee: PETI
Amendment 17 #

2019/2191(INI)

Motion for a resolution
Recital E c (new)
E c. Whereas it is of vital importance to create a framework of economic incentives to advance the responsiveness of the Railway undertakings in planning the investments in the retrofit of the rolling stock, while the procedures of authorization and conformity of the OBUs in the Member States should not represent a burden to the RUs investment decision;
2021/03/29
Committee: TRAN
Amendment 46 #

2019/2191(INI)

Motion for a resolution
Paragraph 6
6. Believes that the Agency should be provided with the appropriate financial resources and powers to overcome the challenges of ERTMS deployment and functioning that still exist (harmonisation of operational rules and requirement, specification maintenance and change, and public procurement procedures etc.), with the close cooperation of the Member States and due respect for the competences of rail infrastructure managers;
2021/03/29
Committee: TRAN
Amendment 54 #

2019/2191(INI)

Motion for a resolution
Paragraph 7
7. Highlights the role of the ERTMS Coordinator in defining the lines and corridors to be equipped with the ERTMS as a matter of priority, and in ensuring its deployment in the most cost-efficient way in close cooperation with the Member States and the stakeholders;
2021/03/29
Committee: TRAN
Amendment 97 #

2019/2191(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Commission to come up with a decommissioning strategy for Class B systems used on interoperable lines with regulatory deadlines to be set at EU level; believes that the effectiveness of this strategy depends on the involvement of the actors concerned;
2021/03/29
Committee: TRAN
Amendment 110 #

2019/2191(INI)

Motion for a resolution
Paragraph 17
17. Deplores the fact that in the five years till mid-2019 almost 80 % of new vehicles introduced in Europe were either subject to a derogation or were exempted from the requirement to fit the ERTMS, and urges the Commission to take concrete initiatives to reverse this trend by enacting an appropriate regulatory framework and ensuring that a set of economic incentives are in place to foster the investments of the RUs on ERTMS on Board Units;
2021/03/29
Committee: TRAN
Amendment 112 #

2019/2191(INI)

Motion for a resolution
Paragraph 17
17. Deplores the facPoints out that in the five years till mid-2019 almost 80 % of new vehicles introduced in Europe were either subject to a derogation or were exempted from the requirement to fit the ERTMS; stresses that such derogations should be maintained for vehicles which are unable to use such a system on the route;
2021/03/29
Committee: TRAN
Amendment 145 #

2019/2191(INI)

Motion for a resolution
Paragraph 23 b (new)
23 b. Calls on the Commission to evaluate the opportunity to grant ERTMS strategic projects under the CEF funding a co-financing factor even higher than 50% when such projects are embedded in ambitious large-scale accelerated plans to scale-up the ERTMS deployment, in order to incentivize ambitious strategies for ERTMS in the Member States;
2021/03/29
Committee: TRAN
Amendment 147 #

2019/2191(INI)

Motion for a resolution
Paragraph 24
24. Recalls that EU funds are not sufficient to cover all the expected needs. and therefore calls on the Commission and Member States to cooperate closely to further improve the attractiveness of investing in the ERTMS, and to guarantee legal certainty for private investors. Particularly, in the case of CEF grants for ERTMS, it calls for the duration of the grants agreements to be extended to better reflect and match the cycles related to public procurement procedures;
2021/03/29
Committee: TRAN
Amendment 155 #

2019/2191(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Stresses the importance of the key opportunity of using funding under the Recovery and Resilience Facility to advance on ERTMS deployment. In this sense, calls on the European Commission to make sure that Member States include ERTMS related investments in their National Recovery Plans;
2021/03/29
Committee: TRAN
Amendment 1 #

2019/2132(INI)

Draft opinion
Paragraph 1
1. Recalls that ensuring the effective and uniform application of EU law is crucial for upholding the rule of law, which is one of the founding values of the Union and its Member States, as set out in Article 2 of the Treaty on European Union; is, therefore, worried about the increasingnotes a high number of petitions expressing citizens’ concerns over violations of the rule of law in the Member States, including regarding disputed reforms of national judiciarie and welcomes the participation of the citizens in exercising their rights; stresses that non-compliance with the rule of law, including by sub-national entities, has a direct impact on citizens’ lives, as demonstrated in petitions received and by the outcome of Special Eurobarometer 489; while respecting the subsidiarity principle, calls on the Commission to respect the commitments made in its 2019 communication entitled ‘Strengthening the rule of law within the Union: A blueprint for action’ (COM(2019)0343), in order to promote a culture of respect for the rule of law, reinforce cooperation with national authorities and ensure an effective common response to actual threats within the Union;
2020/01/29
Committee: PETI
Amendment 16 #

2019/2132(INI)

Draft opinion
Paragraph 3
3. Recalls that the committee on petitions receives a significant number of petitions each year from concerned citizens expressing dissatisfaction with the state of implementation of EU law in the Member States, and that the large majority of these petitions are transmitted to the Commission for in-depth investigation; welcomes the Commission involvement in the procedure and finds it important that the members of the European Parliament can question the outcomes and the recommendations and underlines that the spheres of EU competence should be respected;
2020/01/29
Committee: PETI
Amendment 18 #

2019/2132(INI)

Draft opinion
Paragraph 3 a (new)
3a. Recalls that the Committee on Petitions receives significant number of petitions from citizens disadvantaged as a result of decisions taken by national judiciaries; underlines that the right to a fair trial is a fundamental right and must be respected by judicial authorities in all Member States;
2020/01/29
Committee: PETI
Amendment 21 #

2019/2132(INI)

Draft opinion
Paragraph 4
4. Welcomes the Commission’s commitment, as clearly set out in its 2017 annual report on monitoring the application of EU law (COM(2018)0540), to placing great value on the contributions of citizens, businesses and other stakeholders in detecting breaches of EU law; notes, in this regard, the Commission’s efforts to illustrate the impact of petitions on its enforcement action in a number of policy areas such as the environment, migration, taxation and the internal market; deplores, however, the lack of figures on the number of petitions handled by the Commission and the number that lead to the initiation of EU Pilots and infringement procedures;
2020/01/29
Committee: PETI
Amendment 26 #

2019/2132(INI)

Draft opinion
Paragraph 5
5. Welcomes, in this regard, the increased transparency and the disclosure of more information in the 2018 report about the number of petitions dealt with by the Commission and about its follow-up actions; notes, however, that in the large majority of cases the Commission did not open an investigation and did not take any further action; is particularly concerned, in this respect, about the practice of referring a significant number of petitioners to other bodies attherefore acknowledges the fact that many of the petitions concern local or regional authorities and are rightly forwarded to national, regional or local level; acknowledges that this practice reflects the Commission’s new enforcement policy announced in its 2016 communication entitled ‘EU Law: Better Results through Better Application’ (C(2016)8600), which aims to direct citizens to the national level when complaints or petitions do not raise issues of wider principle or systematic failure to comply with EU law and can satisfactorily be dealt with by other mechanisms;
2020/01/29
Committee: PETI
Amendment 30 #

2019/2132(INI)

Draft opinion
Paragraph 6
6. Reiterates its concern that this approach may cause citizens to believe that their voice goes unheard by the EU institutions and may ultimately deprive them of legal protection should a remedy at EU level prove more effective due to the national circumstances or the nature of the interests involved; calls on the Commission to clarify how it intends to address the gap between citizens’ expectations and reality regarding the possibility of obtaining a remedy at EU level, and to explain how its approach fits with its role as a guardian of the Treaties and its oversight responsibilities under Article 17(1) of the TEU;deleted
2020/01/29
Committee: PETI
Amendment 43 #

2019/2132(INI)

8. Notes that the number of new complaints registered by the Commission in 2018 and 2017 reached its highest level since 2011, with a record 3 850 new complaints in 2018; welcomes citizens’ increasing empowerment as regards the process of monitoring and enforcing EU law, as evidenced by the significant flow of complaints and petitions; points out, however, that, as is the case for petitions,notes also that the number of complaints leading to investigations remained very low in 2018 and in 2017 as a proportion of the total number of complaints received; askssuggests that the Commission toshould clarify how it intends to addresits actions as well as the lack of actions, thus the gap in citizens’ expectations regarding the possibility of obtaining a remedy at EU level;
2020/01/29
Committee: PETI
Amendment 48 #

2019/2132(INI)

Draft opinion
Paragraph 9
9. Recalls, in this regard, that both the European Court of Auditors’ 2018 Landscape Review entitled ‘Putting EU law into practice: The European Commission’s oversight responsibilities under Article 17(1) of the Treaty on European Union’ and the 2017 decision of the European Ombudsman setting out suggestions following her strategic inquiry OI/5/2016/AB on timeliness and transparency in the European Commission’s handling of infringement complaints invite the Commission to ensure that pre-infringement cases are dealt with in a more timely and transparent way.
2020/01/29
Committee: PETI
Amendment 63 #

2018/2856(RSP)


Paragraph 11 a (new)
11 a. Reminds the Member States of the need to provide the child with necessary and justified foster care in accordance with the wording of Article 8 and Article 20 of the UN Convention on the Rights of the Child, in particular to enable continuous childcare that takes into account child's ethnic, religious, linguistic and cultural identity;
2018/10/04
Committee: PETI
Amendment 2 #

2018/2156(INI)

Draft opinion
Recital C a (new)
Ca. whereas the political and military situation in the immediate neighbourhood of the European Union is unstable, in particular in Ukraine, where a conventional armed conflict is on-going;
2018/09/13
Committee: TRAN
Amendment 4 #

2018/2156(INI)

Draft opinion
Recital D a (new)
Da. whereas so far the TEN-T network has been designed exclusively in the light of civilian objectives and whereas it should be adapted to the needs of military mobility;
2018/09/13
Committee: TRAN
Amendment 20 #

2018/2156(INI)

Draft opinion
Paragraph 3 a (new)
3a. Emphasises the need to provide appropriate funds within the framework of the Connecting Europe Facility to improve military mobility and adapt West- East communication links for military purposes in order to make it possible to transfer heavy arms and military equipment used for defence purposes and to deter classic military threats;
2018/09/13
Committee: TRAN
Amendment 27 #

2018/2156(INI)

Draft opinion
Paragraph 4 a (new)
4a. Notes that the procedure used to select projects relating to military mobility within the Connecting Europe Facility should be determined in advance; underlines that the number of cross- border military transport operations utilising any given communication link should be made a criterion for selecting projects;
2018/09/13
Committee: TRAN
Amendment 35 #

2018/2156(INI)

Draft opinion
Paragraph 5 a (new)
5a. Notes that the notion of a ‘transit corridor’ with respect to army movements should be understood more broadly than in the civilian context, so that it may cover several parallel communication links and include a back-up route used to transfer armed forces;
2018/09/13
Committee: TRAN
Amendment 41 #

2018/2156(INI)

Draft opinion
Paragraph 6 a (new)
6a. Underlines that it should be possible to use funding to increase military mobility for the adaptation of transport infrastructure within both the core and the complementary TEN-T networks;
2018/09/13
Committee: TRAN
Amendment 45 #

2018/2156(INI)

7a. Underlines that due to the fact that each and every time it is necessary to plan not only the main route used to transfer armed forces, but also a back-up one, it should be possible, in exceptional cases, to adapt transport infrastructure that is not part of the TEN-T network if such infrastructure is located on a route that is parallel to a route of key importance to military mobility;
2018/09/13
Committee: TRAN
Amendment 3 #

2018/2110(INI)

Draft opinion
Paragraph 1
1. Deplores the poor implementation of Regulation 1/2005 and the less than strict compliance with its provisions in the Member States, leading to persistent severe animal welfare problems during transport; considers that the requirements of the Regulation have not been met;
2018/09/27
Committee: TRAN
Amendment 5 #

2018/2110(INI)

Draft opinion
Paragraph 1 a (new)
1a. Reiterates that transport is one of the most sensitive moments in the life of an animal and that even the best planned transport causes animals to suffer stress; considers, therefore, that transported animals must be subject to the highest and strictest legal protection.
2018/09/27
Committee: TRAN
Amendment 14 #

2018/2110(INI)

Draft opinion
Paragraph 2
2. Calls for a ban on all journeys over eight hours, including loading time and irrespective of whether the journey is by land or sea, and for journeys to slaughter to be limited to four hours;
2018/09/27
Committee: TRAN
Amendment 17 #

2018/2110(INI)

Draft opinion
Paragraph 3
3. Favours a more efficient, technically easier and more economically and ethically rational transport system that gives priority to the transport of meat over live animals intended solely for slaughter;
2018/09/27
Committee: TRAN
Amendment 23 #

2018/2110(INI)

Draft opinion
Paragraph 3 a (new)
3a. Points out that some 70-80% of journeys involve animals for slaughter and that the economic losses resulting from poorly carried out or excessively long transport can be very high and significantly reduce the animals’ welfare;
2018/09/27
Committee: TRAN
Amendment 25 #

2018/2110(INI)

Draft opinion
Paragraph 3 b (new)
3b. Stresses that animal slaughter and meat processing at the closest possible proximity to the breeding location can help stimulate rural areas and their sustainable development;
2018/09/27
Committee: TRAN
Amendment 33 #

2018/2110(INI)

Draft opinion
Paragraph 4
4. Echoes the Court of Justice of the European Union’s judgment to the effect that EU traders must comply with the Regulation until the final destination; believes that if compliance cannot be guaranteed, live animal transport should be strictly banned;
2018/09/27
Committee: TRAN
Amendment 66 #

2018/2110(INI)

Draft opinion
Paragraph 6 a (new)
6a. The presence of veterinary inspections of transported animals at the end of their transport;
2018/09/27
Committee: TRAN
Amendment 74 #

2018/2110(INI)

Draft opinion
Paragraph 7
7. Insists that Member States that detect breaches of the proper implementation of the Regulation, which leads to unfair competition, inform the Commission thereof; calls on the Commission as guardian of the Treaties to take action against the Member States concerned, to undertake a mapping exercise identifying sanction systems, and to ensure that penalties are high, effective and dissuasive;
2018/09/27
Committee: TRAN
Amendment 1 #

2018/2089(INI)

Motion for a resolution
Citation 2 a (new)
- having regard to its resolution of 5 May 2017 on internet connectivity for growth, competitiveness and cohesion: European gigabit society and 5G1a, _________________ 1a Texts adopted, P8_TA(2017)0234.
2018/09/13
Committee: TRAN
Amendment 8 #

2018/2089(INI)

Draft opinion
Paragraph 1 a (new)
1a. Stresses that autonomous mobility presents enormous challenges in connection with the potential threat to privacy, in particular as a result of the strict need for geolocation and constant monitoring of the movements of these vehicles; points out that the protection of privacy and sensitive data generated by autonomous vehicles should be an absolute priority, and should be guaranteed in such a way that is in line with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council;
2018/09/06
Committee: JURI
Amendment 19 #

2018/2089(INI)

Draft opinion
Paragraph 4 a (new)
4a. Stresses the need to guarantee fair market access for independent automotive service providers in the area of the servicing and repair of autonomous vehicles; recalls that entities of this kind, including in particular part manufacturers and small workshops and service centres, are an important competitive element in the automotive market and have a positive impact on the availability and prices of these services;
2018/09/06
Committee: JURI
Amendment 22 #

2018/2089(INI)

Draft opinion
Paragraph 4 b (new)
4b. Regrets that the Commission has not sufficiently addressed the issue of guaranteeing independent digital and automotive service providers access to data generated by autonomous mobility systems; recommends creating a precise legal framework and specifying which categories of information generated by the autonomous mobility sector will be treated as open data and made available in real- time mode, and which will be confidential;
2018/09/06
Committee: JURI
Amendment 23 #

2018/2089(INI)

Draft opinion
Paragraph 4 c (new)
4c. Predicts that competition on the single market in the industry servicing autonomous vehicles could be put at risk if manufacturers make it difficult for independent repairers to access the systems installed in these vehicles; stresses that this market segment should be subject to the provisions of Commission Regulation 461/2010;
2018/09/06
Committee: JURI
Amendment 24 #

2018/2089(INI)

Draft opinion
Paragraph 5
5. Underlines the need to consider amendments to the Vienna Convention on Road Traffic and to the Vienna Convention on Road Signs and Signals aimed at facilitating the deployment of fully autonomous vehicles;
2018/09/06
Committee: JURI
Amendment 28 #

2018/2089(INI)

Motion for a resolution
Recital G a (new)
G a. whereas the safety of road users, including drivers and pedestrians, should be an absolute priority for work on technologies related to autonomous mobility;
2018/09/13
Committee: TRAN
Amendment 67 #

2018/2089(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Regrets that the Commission has not sufficiently addressed the issue of guaranteeing independent digital and automotive service providers access to data generated by autonomous mobility systems; recommends creating a precise legal framework and specifying which categories of information generated by the autonomous mobility sector will be treated as open data and made available in real- time mode, and which will be confidential;
2018/09/13
Committee: TRAN
Amendment 70 #

2018/2089(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Stresses that autonomous mobility presents enormous challenges in connection with the potential threat to privacy, in particular as a result of the strict need for geolocation and constant monitoring of the movements of these vehicles; points out that the protection of privacy and sensitive data generated by autonomous vehicles should be an absolute priority, and should be guaranteed in such a way that is in line with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council;
2018/09/13
Committee: TRAN
Amendment 79 #

2018/2089(INI)

Motion for a resolution
Paragraph 10 a (new)
10 a. Notes that the rapid development of autonomous mobility, particularly in road transport, requires the cooperation of many sectors of the European economy, including vehicle manufacturers and the telecommunications and energy sectors;
2018/09/13
Committee: TRAN
Amendment 80 #

2018/2089(INI)

Motion for a resolution
Paragraph 10 b (new)
10 b. Notes that universal access to automated mobility technologies will not be possible without access to high-speed internet and 5G networks; regrets that there are regions where the roll-out of the current generation of 4G networks is still lagging behind expectations, especially in rural areas;
2018/09/13
Committee: TRAN
Amendment 92 #

2018/2089(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Notes that the development of automated mobility raises the need to amend the Vienna Convention on Road Traffic and the Vienna Convention on Road Signs and Signals in order to adapt the existing system of road signage to the needs of this technology;
2018/09/13
Committee: TRAN
Amendment 127 #

2018/2089(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Notes that it is necessary to create suitable test areas for autonomous aircraft technologies, including drones, in order to provide safe conditions for simulating new technological solutions before their final implementation;
2018/09/13
Committee: TRAN
Amendment 149 #

2018/2089(INI)

Motion for a resolution
Subheading 6
Consumer rights and competitive conditions
2018/09/13
Committee: TRAN
Amendment 157 #

2018/2089(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Stresses the need to guarantee fair market access for independent automotive service providers in the area of the servicing and repair of autonomous vehicles; recalls that entities of this kind, in particular, parts manufacturers, small workshops and service centres, are an important competitive element in the automotive market and have a positive impact on the availability and prices of these services;
2018/09/13
Committee: TRAN
Amendment 160 #

2018/2089(INI)

Motion for a resolution
Paragraph 25 b (new)
25 b. Notes that in a digitised automotive services market, direct and timely access to data and functions in the vehicle will determine whether the market for automated and combined mobility services will be subject to fair competition; recalls that independent operators play a very important role throughout the automotive supply chain;
2018/09/13
Committee: TRAN
Amendment 161 #

2018/2089(INI)

Motion for a resolution
Paragraph 25 c (new)
25 c. Calls on the Commission to ensure that all systems in autonomous vehicles are designed in such a way as to enable vehicle owners or drivers to choose freely between competing service providers, without having to rely solely on the services offered by the vehicle manufacturer;
2018/09/13
Committee: TRAN
Amendment 162 #

2018/2089(INI)

Motion for a resolution
Paragraph 25 d (new)
25 d. Predicts that competition on the single market in the industry servicing autonomous vehicles could be put at risk if manufacturers make it difficult for independent repairers to access the systems installed in these vehicles; stresses that this market segment should be subject to the provisions of Commission Regulation 461/2010;
2018/09/13
Committee: TRAN
Amendment 45 #

2018/0229(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) whereas the safety of road users is a huge challenge in the development of the transport sector, and the action being taken and investments being made are only helping to reduce the number of people dying or sustaining serious injuries on the roads to a limited extent; whereas the InvestEU programme should help to boost efforts to design and apply technologies that help to improve the safety of vehicles and road infrastructure;
2018/10/02
Committee: TRAN
Amendment 46 #

2018/0229(COD)

Proposal for a regulation
Recital 13 b (new)
(13 b) whereas real multimodality is an opportunity to create an efficient and environmentally friendly transport network that uses the maximum potential of all means of transport and generates synergy between them; whereas the InvestEU programme could become an important tool for supporting investment in multimodal transport hubs, which - in spite of their significant economic potential and business case - carry a significant risk for private investors;
2018/10/02
Committee: TRAN
Amendment 97 #

2018/0229(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point a
(a) sustainable infrastructure policy window: comprises sustainable investment in the areas of transport (including multimodal transport), energy, digital connectivity, supply and processing of raw materials, space, oceans and water, waste, nature and other environment infrastructure, equipment, mobile assets and deployment of innovative technologies that contribute to the environmental or social sustainability objectives of the Union, or to both, or meet the environmental or social sustainability standards of the Union;
2018/10/02
Committee: TRAN
Amendment 112 #

2018/0229(COD)

Proposal for a regulation
Article 7 – paragraph 5 a (new)
5a. Implementing partners shall ensure that at least 10% of investment under the sustainable infrastructure policy sector is used to meet the EU objective of eliminating fatal road accidents and serious injuries by 2050.
2018/10/02
Committee: TRAN
Amendment 116 #

2018/0229(COD)

Proposal for a regulation
Article 7 – paragraph 5
5. Implementing partners shall target that at least 530 % of the investment under the sustainable infrastructure policy window contribute to meeting the Union objectives on climate and environment.
2018/10/02
Committee: TRAN
Amendment 127 #

2018/0229(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
For the EU compartment, the eligible counterparts shall have expressed their interest and shall be able to cover financing and investment operations in at least threewo Member States. The implementing partners may also cover together financing and investment operations in at least threewo Member States by forming a group.
2018/10/02
Committee: TRAN
Amendment 132 #

2018/0229(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. No administrative expenditure or fees related to the implementation of financing and investment operations under the EU guarantee shall be due to the implementing partner by the Commission, unless the nature of the policy objectives targeted by the financial product to be implemented allows the implementing partner to demonstrate the need for an exception. Coverage of such costs shall be laid down in the guarantee agreement and shall comply with [Article 209(2)(g)] of the [Financial Regulation].deleted
2018/10/02
Committee: TRAN
Amendment 144 #

2018/0229(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. The InvestEU Portal shall be established by the Commission. It shall be an easily accessible and user-friendly project database, available in all the EU's official languages, providing relevant information for each project.
2018/10/02
Committee: TRAN
Amendment 160 #

2018/0229(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 2 – point a
(a) projects supporting development of the TEN-T infrastructure, including its urban nodes, maritime and inland ports, multimodal terminals and their connection to the main networks;
2018/10/02
Committee: TRAN
Amendment 161 #

2018/0229(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 2 – point a a (new)
(aa) projects that help to improve driver and passenger safety and reduce the number of fatal accidents and people sustaining serious injuries, in particular in the area of road transport;
2018/10/02
Committee: TRAN
Amendment 162 #

2018/0229(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 2 – point a b (new)
(ab) infrastructure projects that make provision for the use of at least two different modes of transport, in particular multimodal freight terminals and passenger transport hubs;
2018/10/02
Committee: TRAN
Amendment 163 #

2018/0229(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 2 – point a c (new)
(ac) road infrastructure designed to meet the needs of road transport sector workers, including secure car-parks and parking spaces equipped with the necessary sanitary facilities, so as to give heavy-duty vehicle drivers a comfortable, safe and affordable place to rest;
2018/10/02
Committee: TRAN
Amendment 166 #

2018/0229(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 2 – point b
(b) smart and sustainable urban mobility projects that take account of the needs of cyclists and pedestrians (targeting low-emission urban transport modes, accessibility, air pollution and noise, energy consumption and accidents);
2018/10/02
Committee: TRAN
Amendment 171 #

2018/0229(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 2 – point e a (new)
(ea) projects in the area of digital distribution and the combining of ticket purchase systems for various means of transport;
2018/10/02
Committee: TRAN
Amendment 177 #

2018/0229(COD)

Proposal for a regulation
Annex III – point 3 – point 3.3 a (new)
3.3a Investment supporting improved driver and passenger safety in all modes of transport, in particular road transport
2018/10/02
Committee: TRAN
Amendment 182 #

2018/0229(COD)

Proposal for a regulation
Annex III – point 4 – point 4.4
4.4. Transport: Investment mobilised in TEN-T of which: TEN-T core and additional network
2018/10/02
Committee: TRAN
Amendment 184 #

2018/0229(COD)

Proposal for a regulation
Annex III – point 4 – point 4.4 a (new)
4.4a Transport: Investment mobilised in multimodal infrastructure
2018/10/02
Committee: TRAN
Amendment 97 #

2018/0228(COD)

Proposal for a regulation
Recital 4
(4) Reflecting the importance of tackling climate change in line with Union’s commitments to implement the Paris Agreement, and the commitment to the United Nations Sustainable Development Goals, this Regulation should therefore mainstream climate action and lead to the achievement of an overall target of 25% of the EU budget expenditures supporting climate objectives18 . Actions under this Programme are expected to contribute 60% of the overall financial envelope of the Programme to climate objectives, based inter alia on the following Rio markers: i) 100% for the e. Expenditures relating to railway infrastructure, alternative fuels, clean urban transport, electricity transmission, electricity storage, smart grids, CO2 transportation and, renewable energy; ii) 40% for inland waterways and multimodal transport, and gas infrastructure - if enabling increased use of renewable hydrogen or bio-methane and gas infrastructure shall be considered as compliant with EU climate objectives. Relevant actions will be identified during the Programme's preparation and implementation, and reassessed in the context of the relevant evaluations and review processes. In order to prevent that infrastructure is vulnerable to potential long term climate change impacts and to ensure that the cost of greenhouse gas emissions arising from the project is included in the project's economic evaluation, projects supported by the Programme should be subject to climate proofing in accordance with guidance that should be developed by the Commission coherently with the guidance developed for other programmes of the Union where relevant. __________________ 18 COM(2018) 321, page 13 COM(2018) 321, page 13
2018/09/21
Committee: ITRETRAN
Amendment 143 #

2018/0228(COD)

Proposal for a regulation
Recital 8
(8) In order to achieve the objectives laid down in the TEN-T guidelines, it is necessary to support with priority the cross-border links and, the missing links, bottlenecks and urban nodes and to ensure, where applicable, that the supported actions are consistent with the corridor work plans established pursuant to Article 47 of Regulation (EU) No 1315/2013 and to the overall network development regarding performance and interoperability.
2018/09/21
Committee: ITRETRAN
Amendment 188 #

2018/0228(COD)

Proposal for a regulation
Recital 13
(13) In order to improve the completion of transport projects in less developed parts of the network, a Cohesion Fund allocation should be transferred to the Programme to finance transport projects in the Member States eligible for financing from the Cohesion Fund. In an initial phase and within a limit of 70% of the transferred envelope, the selection of projects eligible for financing should respect the national allocations under the Cohesion Fund. The remaining 30% of the transferred envelope should be allocated on a competitive basis to projects located in the Member States eligible for financing from the Cohesion Fund with priority to cross- border links and missing links. The Commission should support Member States eligible for financing from the Cohesion Fund in their efforts to develop an appropriate pipeline of projects, in particular by strengthening the institutional capacity of the public administrations concerned.
2018/09/21
Committee: ITRETRAN
Amendment 244 #

2018/0228(COD)

Proposal for a regulation
Recital 20
(20) Innovative infrastructure technologies that enable the transition to a low carbon energy and mobility systems and improve security of supply are essential in view of the Union's decarbonisation agenda. In particular, in its Communication of 23 November 2017 "Communication on strengthening Europe's energy networks"28 , the Commission emphasised that the role of electricity, where renewable energy will constitute half of the electricity generation by 2030, will increasingly be driving the decarbonisation of sectors so far dominated by fossil fuels, such as transport, industry and heating and cooling and that accordingly, the focus under the trans- European energy infrastructure policy is increasingly on electricity interconnections, electricity storages and, smart grids projects and gas infrastructure investments. To support the Union's decarbonisation objectives, due consideration and priority should be given to technologies and projects contributing to the transition to a low carbon economy. The Commission will aim at increasing the number of cross-border smart grid, innovative storage as well as carbon dioxide transportation projects to be supported under the Programme. __________________ 28 COM(2017) 718
2018/09/21
Committee: ITRETRAN
Amendment 283 #

2018/0228(COD)

Proposal for a regulation
Recital 31
(31) The positive results of the first Blending Call for proposals launched under the current programme in 2017, confirmed the relevance and added value of using EU grants for blending with financing from the European Investment Bank or National Promotional Banks or other development and public financial institutions as well as from private-sector finance institutions and private-sector investors, including through public private partnerships. The Programme should therefore continue to provide for dedicated Callsupport actions enabling combination between EU grants and other sources of financing by the dedicated Calls. In the transport sector Blending operations should not exceed 10% of the dedicated envelopes.
2018/09/21
Committee: ITRETRAN
Amendment 366 #

2018/0228(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
(ga) ‘cross-border section’ means the section which ensures the continuity of a project of common interest between the nearest urban nodes and on both sides of the border of two Member States or between a Member State and a neighbouring country or actions regarding port nodes of a Member State;
2018/09/21
Committee: ITRETRAN
Amendment 473 #

2018/0228(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b
(b) In the energy sector, to contribute to the development of projects of common interest relating to further integration of the internal energy market, interoperability of networks across borders and sectors, facilitating decarbonisation and ensuring security of supply, and to facilitate cross- border cooperation in the area of renewable energy;
2018/09/21
Committee: ITRETRAN
Amendment 562 #

2018/0228(COD)

Proposal for a regulation
Article 4 – paragraph 8
8. As regards the amounts transferred from the Cohesion Fund, 30% of these amounts shall be made available immediately to all Member States eligible for funding from the Cohesion Fund to finance transport infrastructure projects in accordance with this Regulation, with priority to cross-border and missing links. U until 31 December 2023, the selection of projects eligible for financing shall respect the national allocations under the Cohesion Fund with regard to 70% of the resources transferred. As of 1 January 2024, resources transferred to the Programme which have not been committed to a transport infrastructure project shall be made available to all Member States eligible for funding from the Cohesion Fund to finance transport infrastructure projects in accordance with this Regulation.
2018/09/21
Committee: ITRETRAN
Amendment 580 #

2018/0228(COD)

Proposal for a regulation
Article 4 – paragraph 9
9. Resources allocated to a Member States under shared management may, at theirits request, be transferred to the Programme, to be used as part of a proposal submitted by the Member State concerned and declared eligible by the Commission under a work programme procedure. The Commission shall implement those resources directly in accordance with [point (a) of Article 62(1)] of the Financial Regulation or indirectly in accordance with point (c) of that Article. Where possible those resources shall be used for the benefit of the Member State concerned.
2018/09/21
Committee: ITRETRAN
Amendment 632 #

2018/0228(COD)

Proposal for a regulation
Article 7 – paragraph 5 a (new)
5a. By derogation from paragraph 1, local projects in the field of renewable energy can be eligible if they clearly demonstrate their positive impact on the cross border flows of electricity.
2018/09/21
Committee: ITRETRAN
Amendment 676 #

2018/0228(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point a – point i
(i) actions implementing the core network in accordance with Chapter III of Regulation (EU) No 1315/2013, including actions relating to urban nodes, maritime ports, airports, inland ports and rail-road terminals of the core network as defined at Annex II to Regulation (EU) No 1315/2013. Actions implementing the core network may include related elements located on the comprehensive network when necessary to optimize the investment and according to modalities specified in the work programmes referred to in Article 19 of this Regulation;
2018/09/21
Committee: ITRETRAN
Amendment 757 #

2018/0228(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point b – point ix a (new)
(ixa) actions supporting alternative fuels in accordance with Article 2 (1) of Directive 2014/94/EU
2018/09/21
Committee: ITRETRAN
Amendment 826 #

2018/0228(COD)

Proposal for a regulation
Article 11 – paragraph 2 – point -a (new)
(-a) Member States.
2018/09/21
Committee: ITRETRAN
Amendment 831 #

2018/0228(COD)

Proposal for a regulation
Article 11 – paragraph 5
5. The work programmeProposals areferred to in Article 19 may provide that only proposals eligible when submitted by one or more Member States or, with the agreement of the Member States concerned, by international organisations, joint undertakings, or public or private undertakings or bodies are eligibleestablished in a Member States.
2018/09/21
Committee: ITRETRAN
Amendment 946 #

2018/0228(COD)

Proposal for a regulation
Article 14 – paragraph 2 – point c
(c) as regards actions relating to cross-border links, the increased maximum co-financing rates as provided for in points (a) and (b) may only apply to actions that demonstrate a particularly high degree of integration in the planning and implementation of the action for the purpose of the award criterion referred to in Article 13(1)(c), notably through the establishment of a single project company, a joint governance structure and a bilateral legal framework or implementing act pursuant to Article 47 of Regulation (EU) No 1315/2013.deleted
2018/09/21
Committee: ITRETRAN
Amendment 975 #

2018/0228(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point c
(c) expenditure related to the purchase of land shall not be an eligible cost;
2018/09/21
Committee: ITRETRAN
Amendment 985 #

2018/0228(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point d
(d) eligible costs shall not include value added tax ("VAT").
2018/09/21
Committee: ITRETRAN
Amendment 999 #

2018/0228(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) the action has not started within onetwo year following the starting date indicated in the grant agreement;
2018/09/21
Committee: ITRETRAN
Amendment 1096 #

2018/0228(COD)

For thBudgetary resources used to finance actions listed at Article 9 paragraph 2 (a), 75% of the budgetary resources shall be distributed as follows: 80% - 85% should be allocated to actions on the core network corridors, 10% to actions on the core network outside the core network corridors and 15% - 20% to actions on the comprehensive network.
2018/09/26
Committee: TRAN
Amendment 40 #

2018/0208(COD)

Proposal for a regulation
Recital 1
(1) According to Article 2 of the Treaty on European Union, ‘the Union is founded on the values of respect for human dignity, freedom democracy, equality, the rule of law and the respect for human rights, including the rights of the persons belonging to minorities. These values are common to the Member States in a society where pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail’. Article 3 further specifies that the ‘Union’s aim is to promote peace, its values and the well- being of its people’ and, among others, ‘it shall respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded and enhanced’. These values are further reaffirmed and articulated in the rights, freedoms and principles enshrined in the Charter of Fundamental Rights of the European Union (‘the Charter’).
2018/12/07
Committee: JURILIBE
Amendment 43 #

2018/0208(COD)

Proposal for a regulation
Recital 2
(2) These rights and values must continue to be promoted and enforced, shared among the citizens and peoples within the Union and be at the heart of Europe’s societies, Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the Union budget. At a time where European societies are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights, respect for human dignity, freedom, democracy, equality, the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As a part of the new Fund, the Rights and Values Programme will bring together the 2014-2020 Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council10 and the Europe for Citizens programme established by Regulation (EU) No 390/2014 of the Council11 . The Justice programme (hereafter the 'Programme') will continue to support the development of an integrated European justice area and cross-border cooperation, in continuity with the 2014- 2020 Justice Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council12 (hereafter 'the predecessor Programme'). _________________ 10 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 11 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014-2020 (OJ L 115, 17.4.2014, p.3) 12 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62).
2018/12/07
Committee: JURILIBE
Amendment 56 #

2018/0208(COD)

Proposal for a regulation
Recital 5
(5) Financing, in line with the principles of transparency and efficiency, should remain one of the important tools for the successful implementation of the ambitious goals set by the Treaties. They should be attained inter alia by establishing a flexible and effective Justice Programme which should facilitate planning and implementation of those goals.
2018/12/07
Committee: JURILIBE
Amendment 66 #

2018/0208(COD)

Proposal for a regulation
Recital 8
(8) Pursuant to Articles 81(2)(h) and 82(1)(c) of the Treaty on the Functioning of the EU, the Union shall support the training of the judiciary and judicial staff as a tool to improve judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and of judicial decisions. Training of justice professionals is an important tool to develop a common understanding of how best to implement and uphold the rule of law. It contributes to the building of the European area of justice by creating a common judicial culture among justice professionals of the Member States. It is essential to ensure the correct and coherent application of law in the Union and mutual trust between justice professionals in cross- border proceedings. The training activities supported by the Programme should be based on sound training needs’ assessments, use state of the art training methodology, include cross-border events gathering justice professionals of different Member States, comprise active learning and networking elements and be sustainable.
2018/12/07
Committee: JURILIBE
Amendment 71 #

2018/0208(COD)

Proposal for a regulation
Recital 11
(11) Measures under the Programme should support enhancedMember States in their efforts for improving cooperation and mechanisms for mutual recognition of judicial decisions and judgments and the necessary approximation of legislation, in line with the principles of subsidiarity, that will facilitate cooperation between all the relevant authorities, including Financial Intelligence Units, and the judicial protection of individual rights in civil and commercial matters. The Programme should also advance the procedural legislation for cross-border cases and greater convergence in civil law that will help to eliminate obstacles to, where appropriate, that will further the good and efficient functioning of judicial and extra- judicial procedures in benefit of all parties involved in a civil dispute. Finally, in order to support the effective enforcement and practical application of the Union law on judicial cooperation in civil matters, the Programme should support the functioning of the European Judicial Network in Civil and Commercial matters established by Council Decision 2001/470/EC.
2018/12/07
Committee: JURILIBE
Amendment 87 #

2018/0208(COD)

Proposal for a regulation
Recital 16
(16) Actions covered by this Regulation should contribute to the creation of a European area ofpromoting fair, efficient and cooperative justice, increasmproving cross-border cooperation and networking andmechanisms, as well as achieving the correct, coherent and consistent application of Union law. Funding activities should also contribute to a common understanding of the Union’s values, the rule of law, to better knowledge of Union law and policies, to sharing know-how and best practices in using judicial cooperation instruments by all concerned stakeholders, as well as to a proliferation of interoperable digital solutions underpinning seamless and efficient cross-border cooperation, and should provide a sound analytical basis to support the development, enforcement and proper implementation of Union law and policies. Union intervention allows for those actions to be pursued consistently across the Union and bringscontribute to economies of scale. Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European platAdditionally, the Programme may provide for a forum for mutual learning and the sharing of best practices.
2018/12/07
Committee: JURILIBE
Amendment 98 #

2018/0208(COD)

Proposal for a regulation
Recital 23
(23) Third countries which are mMembers of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. Third countries may also participate on the basis of other legal instruments. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorizing officer responsible, the European Anti- Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences.
2018/12/07
Committee: JURILIBE
Amendment 116 #

2018/0208(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b
(b) to support and promote judicial training, with a view to fostering a common legal, judicial and rule of law culture;
2018/12/07
Committee: JURILIBE
Amendment 121 #

2018/0208(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point c
(c) to facilitate effective access to justice for all and effective redress, including by electronic means, by promoting efficient civil and criminal procedures and by promoting and supporting the rights of victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings.
2018/12/07
Committee: JURILIBE
Amendment 129 #

2018/0208(COD)

Proposal for a regulation
Article 5 – title
5 Third cCountries associated to the Programme
2018/12/07
Committee: JURILIBE
Amendment 131 #

2018/0208(COD)

Proposal for a regulation
Article 5 – paragraph 1 – introductory part
The Programme shall be open to the following thirdypes of countries:
2018/12/07
Committee: JURILIBE
Amendment 133 #

2018/0208(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) countries covered by the European Neighbourhood Policy, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and association council decisions, or similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and those countries.deleted
2018/12/07
Committee: JURILIBE
Amendment 134 #

2018/0208(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) Other third countries, in accordance with the conditions laid down in a specific agreement covering the participation of the third country to any Union programme, provided that the agreement — ensures a fair balance as regards the contributions and benefits of the third country participating in the Union programmes; — lays down the conditions of participation in the programmes, including the calculation of financial contributions to individual programmes and their administrative costs. These contributions shall constitute assigned revenues in accordance with Article [21(5)] of [the new Financial Regulation]; — does not confer to the third country a decisional power on the programme; — guarantees the rights of the Union to ensure sound financial management and to protect its financial interests.deleted
2018/12/07
Committee: JURILIBE
Amendment 150 #

2018/0208(COD)

Proposal for a regulation
Article 15 – paragraph 1
Where a third countryny country as set out in Article 5, participates in the programme by a decision under an international binding agreement or by virtue of any other legal instrument, the thirdat country shall grant the necessary rights and access required for the authorizing officer responsible, the European Anti-Fraud Office (OLAF), the European Court of Auditors to comprehensively exert their respective competences. In the case of OLAF, such rights shall include the right to carry out investigations, including on-the- spot checks and inspections, provided for in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council concerning investigations conducted by the European Anti-Fraud Office (OLAF).
2018/12/07
Committee: JURILIBE
Amendment 151 #

2018/0208(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding through the use earmarking indicators (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.
2018/12/07
Committee: JURILIBE
Amendment 153 #

2018/0208(COD)

Proposal for a regulation
Article 19 – paragraph 3
3. If necessary,n some cases, it may be assessed by the relevant authorities, whether appropriations may be entered in the budget beyond 2027 to cover the expenses provided for in Article 4(2), to enable the management of actions not completed by 31 December 2027.
2018/12/07
Committee: JURILIBE
Amendment 44 #

2018/0197(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point a – point i
(i) enhancfostering research and innovation capacities and the uptake of advanced technologies;
2018/10/03
Committee: TRAN
Amendment 45 #

2018/0197(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point a – point ii
(ii) reaping the benefits of digitisation for citizens, companies and governments; and enhancing digital connectivity
2018/10/03
Committee: TRAN
Amendment 50 #

2018/0197(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b – point v a (new)
(v a) promoting sustainable multimodal urban mobility;
2018/10/03
Committee: TRAN
Amendment 59 #

2018/0197(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c – point iv
(iv) promoting sustainable multimodal urban mobility;deleted
2018/10/03
Committee: TRAN
Amendment 92 #

2018/0197(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point e
(e) investment in airport infrastructure except for outermost regions;deleted
2018/10/03
Committee: TRAN
Amendment 94 #

2018/0197(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point f
(f) investment in disposal of waste in landfill;deleted
2018/10/03
Committee: TRAN
Amendment 95 #

2018/0197(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point g
(g) investment in facilities for the treatment of residual waste;deleted
2018/10/03
Committee: TRAN
Amendment 97 #

2018/0197(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point h
(h) investment related to production, processing, distribution, storage or combustion of fossil fuels, with the exception of investment related to clean vehicles as defined in Article 4 of Directive 2009/33/EC of the European Parliament and of the Council26 ; __________________ 26 Directive 2009/33/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of clean and energy-efficient road transport vehicles (OJ L 120, 15.5.2009, p. 5).deleted
2018/10/03
Committee: TRAN
Amendment 99 #

2018/0197(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point i
(i) investment in broadband infrastructure in areas in which there are at least two broadband networks of equivalent category;deleted
2018/10/03
Committee: TRAN
Amendment 101 #

2018/0197(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point j
(j) funding for the purchase of rolling stock for use in rail transport, except if it is linked to the: (i) discharge of a publicly tendered public service obligation under Regulation 1370/2007 as amended; (ii) provision of rail transport services on lines fully opened to competition, and the beneficiary is a new entrant eligible for funding under Regulation (EU) 2018/xxxx [Invest EU regulation].deleted
2018/10/03
Committee: TRAN
Amendment 107 #

2018/0197(COD)

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
The ERDF shall also support the European Urban Initiative, implemented by the Commission in direct and indirectshared management, ensuring involvement of MS in its management.
2018/10/03
Committee: TRAN
Amendment 16 #

2018/0168(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2009/103/EC
Article 1
1a. ‘use of a vehicle’ means any use of such vehicle, intended normally to serve as a means of transport, that is consistent with the normal function of that vehicle, irrespective of the vehicle's characteristics and irrespective of the terrain on which the motor vehicle is used and of whether it is stationary or in motion.;
2018/11/26
Committee: JURI
Amendment 23 #

2018/0168(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10
3. The body referred to in paragraph 1 shall give a reply to the claim within twohree months after the date on which the injured party has presented his or her claim for compensation.
2018/11/26
Committee: JURI
Amendment 26 #

2018/0168(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16
Member States shall ensure that insurance undertakings publish their policies in respect of their use of claims history statements when calculating premiums.deleted
2018/11/26
Committee: JURI
Amendment 31 #

2018/0168(COD)

Proposal for a directive
Article 2 – paragraph 1
Member States shall adopt and publish, by [PO: Please insert date 124 months after the date of entry into force ] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
2018/11/26
Committee: JURI
Amendment 32 #

2018/0168(COD)

Proposal for a directive
Article 2 – paragraph 2
They shall apply those provisions from [PO: Please insert date 124 months after the date of entry into force ].
2018/11/26
Committee: JURI
Amendment 37 #

2018/0161(COD)

Proposal for a regulation
Recital 7
(7) The aim of this Regulation is to ensure that manufacturers established in the Union are able to compete effectively in those third country markets where supplementary protection does not exist or has expired. It is intended to complement the efforts of the Union’s trade policy to ensure open markets for Union-based manufacturers of medicinal products. Indirectly, it is also intended to put those manufacturers in a better position to enter the Union market immediately after expiry of the relevant supplementary protection certificate, i.e. day-1 entry. It would also help to serve the aim of fostering access to medicines in the Union by helping to ensure a swifter entry of generic and biosimilar medicines onto the market after expiry of the relevant certificate.
2018/11/12
Committee: INTA
Amendment 40 #

2018/0161(COD)

Proposal for a regulation
Recital 8
(8) In those specific and limited circumstances, and in order to create a level playing field between Union-based manufacturers and third country manufacturers, it is appropriate to restrict the protection conferred byovercome the above mentioned unintended effects deriving from a supplementary protection certificate so as to allow making for the exclusive purposes of (i) export to third countries and any related acts strictly necessary for making or for the actual export itself and (ii)enter the Union market immediately after expiry of the relevant supplementary protection certificate and any related acts.
2018/11/12
Committee: INTA
Amendment 46 #

2018/0161(COD)

Proposal for a regulation
Recital 9
(9) That exception should cover the making of the product, including the product which corresponds to the medicinal product protected by a supplementary protection certificate in the territory of a Member State, for the exclusive purpose of export to third countries and/or day-1 entry, as well as any upstream or downstream acts by the maker or by third parties in a contractual relationship with the maker, where such acts would otherwise require the consent of the certificate-holder, and are strictly necessary for making for the purpose of export or for the actual export itself or for day-1 entry. For instance, such acts may include the supply and import of active ingredients for the purpose of making the medicinal product to which the product covered by the certificate corresponds, or temporary storage of the product or advertising for the exclusive purpose of export to third country destinations or day- 1 entry.
2018/11/12
Committee: INTA
Amendment 47 #

2018/0161(COD)

Proposal for a regulation
Recital 11
(11) By limiting the scope of the exception to making for the purposes of day-1 entry and of export outside the Union and acts strictly necessary for such making or for the actual export itself, the exception introduced by this Regulation will not unreasonably conflict with normal exploitation of the product in the Member State where the certificate is in force, nor unreasonably prejudice the legitimate interests of the certificate- holder, taking account of the legitimate interests of third parties.
2018/11/12
Committee: INTA
Amendment 49 #

2018/0161(COD)

Proposal for a regulation
Recital 12
(12) Safeguards should accompany the exception in order to increase transparency, to help the holder of a supplementary protection certificate to enforce its protection in the Union and to reduce the risk of illicit diversion onto the Union market during the term of the certificate. deleted (Regulation (EC) No 469/2009) Or. en (Recital 12 Regulation (EC) No 469/2009)
2018/11/12
Committee: INTA
Amendment 54 #

2018/0161(COD)

Proposal for a regulation
Recital 13
(13) To this end, this Regulation should impose a once-off duty on the person making the product for the exclusive purpose of export, requiring that person to provide certain information to the authority which granted the supplementary protection certificate in the Member State where the making is to take place. The information should be provided before the making is intended to start for the first time in that Member State. The making and related acts, including those performed in Member States other than the one of making in cases where the product is protected by a certificate in those other Member States too, should only fall within the scope of the exception where the maker has sent this notification to the competent industrial property authority (or other designated authority) of the Member State of making. The once-off duty to provide information to the authority should apply in each Member State where making is to take place, both as regards the making in that Member State, and as regards related acts, whether performed in that or another Member State, related to that making. The authority should be required to publish that information, in the interests of transparency and for the purpose of informing the holder of the certificate of the maker’s intention. deleted (Regulation (EC) No 469/2009) Or. en (Recital 13, Regulation (EC) No 469/2009)
2018/11/12
Committee: INTA
Amendment 55 #

2018/0161(COD)

Proposal for a regulation
Recital 7
(7) The aim of this Regulation is to ensure that manufacturers established in the Union are able to compete effectively in those third country markets where supplementary protection does not exist or has expired. It is intended to complement the efforts of the Union’s trade policy to ensure open markets for Union-based manufacturers of medicinal products. Indirectly, it is also intended to put those manufacturers in a better position to enter the Union market immediately after expiry of the relevant supplementary protection certificate, i.e. day-1 entry. It would also help to serve the aim of fostering access to medicines in the Union by helping to ensure a swifter entry of generic and biosimilar medicines onto the market after expiry of the relevant certificate.
2018/11/28
Committee: JURI
Amendment 61 #

2018/0161(COD)

Proposal for a regulation
Recital 14
(14) In addition, this Regulation should impose certain due diligence requirements on the maker as a condition for the exception to operate. The maker should be required to inform persons within its supply chain, through appropriate means, in particular contractual means, that the product is covered by the exception introduced by this Regulation and is intended for the exclusive purpose of export. A maker who failed to comply with these due diligence requirements would not benefit from the exception, nor would any third party performing a related act in the same or a different Member State where a certificate conferring protection for the product was in force, and the holder of the relevant certificate would therefore be entitled to enforce its rights under the certificate. deleted (Regulation (EC) No 469/2009) Or. en (Recital 14, Regulation (EC) No 469/2009)
2018/11/12
Committee: INTA
Amendment 64 #

2018/0161(COD)

Proposal for a regulation
Recital 8
(8) In those specific and limited circumstances, and in order to create a level playing field between Union-based manufacturers and third country manufacturers, it is appropriate to restrict the protection conferred byovercome the above mentioned unintended effects deriving from a supplementary protection certificate so as to allow making for the exclusive purposes of export to third countries and any related acts strictly necessary for making or for the actual export itself and enter the Union market immediately after expiry of the relevant supplementary protection certificate and any related acts.
2018/11/28
Committee: JURI
Amendment 66 #

2018/0161(COD)

Proposal for a regulation
Recital 15
(15) Furthermore, this Regulation should impose labelling requirements on the maker, in order to facilitate, by means of a logo, identification of the product as a product exclusively intended for the purpose of export to third countries. The making and related acts should only fall outside the protection conferred by a supplementary protection certificate if the product is labelled in this manner. This labelling obligation would be without prejudice to labelling requirements of third countries. deleted (Regulation (EC) No 469/2009) Or. en (Recital 15, Regulation (EC) No 469/2009)
2018/11/12
Committee: INTA
Amendment 72 #

2018/0161(COD)

Proposal for a regulation
Recital 19
(19) In order to ensure that holders of supplementary protection certificates already in force are not deprived of their acquired rights, the exception provided for in this Regulation should only apply to certificates that are granted on or after a specified date after entry into force, irrespective of when the application for the certificate was first lodged. The date specified should allow a reasonable time for applicants and other relevant market players to adjust to the changed legal context and to make appropriate investment and manufacturing location decisions in a timely way. The date should also allow sufficient time for public authorities to put in place appropriate arrangements to receive and publish notifications of the intention to make, and should take due account of pending applications for certificates. deleted (Regulation (EC) No 469/2009) Or. en (Recital 19, Regulation (EC) No 469/2009)
2018/11/12
Committee: INTA
Amendment 75 #

2018/0161(COD)

Proposal for a regulation
Recital 9
(9) That exception should cover the making of the product, including the product which corresponds to the medicinal product protected by a supplementary protection certificate in the territory of a Member State, for the exclusive purposes of export to third countries and day-1 entry, as well as any upstream or downstream acts by the maker or by third parties in a contractual relationship with the maker, where such acts would otherwise require the consent of the certificate-holder, and are strictly necessary for making for the purpose of export or for the actual export itself or for day-1 entry. For instance, such acts may include the supply and import of active ingredients for the purpose of making the medicinal product to which the product covered by the certificate corresponds, or temporary storage of the product or advertising for the exclusive purposes of export to third country destinations or day-1 entry.
2018/11/28
Committee: JURI
Amendment 79 #

2018/0161(COD)

Proposal for a regulation
Recital 21
(21) It is necessary and appropriate for the achievement of the basic objective, of providing a level playing field for generic and biosimilar manufacturers with their competitors in third country markets where protection does not exist or has expired, to lay down rules restricting the exclusive right of a supplementary protection certificate holder to make the product in question during the term of the certificate, and also to impose certain information and labelling obligations on makers wishing to take advantage of those rules. This Regulation complies with the principle of proportionality, and does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with Article 5(4) of the Treaty on European Union.
2018/11/12
Committee: INTA
Amendment 83 #

2018/0161(COD)

Proposal for a regulation
Recital 22
(22) This Regulation respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for the right to property in Article 17 of the Charter by maintaining the core rights of the supplementary protection certificate, by confining the exception to certificates granted on or after a specified date after entry into force of this Regulation and by imposing certain conditions on the application of the exceptionthe right to health care in Article 35 of the Charter by making medicines more accessible to EU patients, and the principle of proportionality in Article 52 of the Charter,
2018/11/12
Committee: INTA
Amendment 87 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point a – point i
(i) making for either: a. the exclusive purpose of export to third countries; or b. the exclusive purpose of selling or offering to sell in the Union market immediately after expiry of the certificate;
2018/11/12
Committee: INTA
Amendment 91 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point a – point ii
(ii) any related act that is strictly necessary for that making, including keeping, or for the actual export itself;
2018/11/12
Committee: INTA
Amendment 91 #

2018/0161(COD)

Proposal for a regulation
Recital 11
(11) By limiting the scope of the exception to making for the purposes of day-1 entry and export outside the Union and acts strictly necessary for such making or for the actual export itself, the exception introduced by this Regulation will not unreasonably conflict with normal exploitation of the product in the Member State where the certificate is in force, nor unreasonably prejudice the legitimate interests of the certificate- holder, taking account of the legitimate interests of third parties.
2018/11/28
Committee: JURI
Amendment 93 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point a – point iii (new)
(ii a) (iii) sale, and offer for sale, for the exclusive purpose of export to third countries; or
2018/11/12
Committee: INTA
Amendment 93 #

2018/0161(COD)

Proposal for a regulation
Recital 12
(12) Safeguards should accompany the exception in order to increase transparency, to help the holder of a supplementary protection certificate to enforce its protection in the Union and to reduce the risk of illicit diversion onto the Union market during the term of the certificate.deleted
2018/11/28
Committee: JURI
Amendment 94 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point a – point iv (new)
(ii b) (iv) importing for the purposes of (i)
2018/11/12
Committee: INTA
Amendment 95 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point b
(b) the authority referred to in Article 9(1) of the Member State where that making is to take place (‘the relevant Member State’) is notified by the person doing the making (‘the maker’) of the information listed in paragraph 3 no later than 28 days before the intended start date of making in that Member State;deleted
2018/11/12
Committee: INTA
Amendment 100 #

2018/0161(COD)

Proposal for a regulation
Recital 13
(13) To this end, this Regulation should impose a once-off duty on the person making the product for the exclusive purpose of export, requiring that person to provide certain information to the authority which granted the supplementary protection certificate in the Member State where the making is to take place. The information should be provided before the making is intended to start for the first time in that Member State. The making and related acts, including those performed in Member States other than the one of making in cases where the product is protected by a certificate in those other Member States too, should only fall within the scope of the exception where the maker has sent this notification to the competent industrial property authority (or other designated authority) of the Member State of making. The once-off duty to provide information to the authority should apply in each Member State where making is to take place, both as regards the making in that Member State, and as regards related acts, whether performed in that or another Member State, related to that making. The authority should be required to publish that information, in the interests of transparency and for the purpose of informing the holder of the certificate of the maker’s intention.deleted
2018/11/28
Committee: JURI
Amendment 103 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point c
(c) the maker ensures that a logo, in the form set out in Annex -I, is affixed to the outer packaging of the product or, if there is no outer packaging, to its immediate packaging;deleted
2018/11/12
Committee: INTA
Amendment 107 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point d
(d) the maker complies with the requirements of paragraph 4.deleted
2018/11/12
Committee: INTA
Amendment 108 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 3
3. The information for the purposes of paragraph 2(b) shall be as follows: (a) the name anddeleted the address, of the maker; (b) premises where the making is to take place in the relevant Member State; (c) granted in the relevant Member State, and identification of the product, by reference to the proprietary name used by the holder of that certificate; (d) granted in accordance with Article 40(1) of Directive 2001/83/EC or Article 44(1) of Directive 2001/82/EC for the manufacture of the corresponding medicinal product or, in the absence of such authorisation, a valid certificate of good manufacturing practice as referred to in Article 111(5) of Directive 2001/83/EC or Article 80(5) of Directive 2001/82/EC covering the premises where the making is to take place; (e) in the relevant Member State; (f) third country or third countries to which the product is to be exportr addresses, of the the number of the certificate the number of the authorisation the intended start date of making an indicative list of the intended.
2018/11/12
Committee: INTA
Amendment 112 #

2018/0161(COD)

Proposal for a regulation
Recital 14
(14) In addition, this Regulation should impose certain due diligence requirements on the maker as a condition for the exception to operate. The maker should be required to inform persons within its supply chain, through appropriate means, in particular contractual means, that the product is covered by the exception introduced by this Regulation and is intended for the exclusive purpose of export. A maker who failed to comply with these due diligence requirements would not benefit from the exception, nor would any third party performing a related act in the same or a different Member State where a certificate conferring protection for the product was in force, and the holder of the relevant certificate would therefore be entitled to enforce its rights under the certificate.deleted
2018/11/28
Committee: JURI
Amendment 116 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 4
4. The maker shall ensure, through appropriate means, that persons in a contractual relationship with the maker who perform acts falling within paragraph 2(a)(ii) are fully informed and aware of the following: (a) that those acts are subject to the provisions of paragraph 2; (b) import or re-import of the product might infringe the certificate referred to in that paragraph where, and as long as, that certificate applies.deleted that the placing on the market,
2018/11/12
Committee: INTA
Amendment 117 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 5
5. Paragraph 2 shall apply in the case only of certificates granted on or after [OP: please insert the date of the first day of the third month that follows the month in which this amending Regulation is published in the Official Journal)].;only to activities carried out after the entry into force of the present Regulation
2018/11/12
Committee: INTA
Amendment 121 #

2018/0161(COD)

Proposal for a regulation
Recital 15
(15) Furthermore, this Regulation should impose labelling requirements on the maker, in order to facilitate, by means of a logo, identification of the product as a product exclusively intended for the purpose of export to third countries. The making and related acts should only fall outside the protection conferred by a supplementary protection certificate if the product is labelled in this manner. This labelling obligation would be without prejudice to labelling requirements of third countries.deleted
2018/11/28
Committee: JURI
Amendment 123 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 469/2009
Article 11 – paragraph 4
(2) in Article 11, the following paragraph is added: ‘ 4. authority as referred to in Article 4(2)(b) shall be published by that authority within 15 days of receipt of the notification.; ’deleted The notification sent to an
2018/11/12
Committee: INTA
Amendment 128 #

2018/0161(COD)

Proposal for a regulation
Recital 19
(19) In order to ensure that holders of supplementary protection certificates already in force are not deprived of their acquired rights, the exception provided for in this Regulation should only apply to certificates that are granted on or after a specified date after entry into force, irrespective of when the application for the certificate was first lodged. The date specified should allow a reasonable time for applicants and other relevant market players to adjust to the changed legal context and to make appropriate investment and manufacturing location decisions in a timely way. The date should also allow sufficient time for public authorities to put in place appropriate arrangements to receive and publish notifications of the intention to make, and should take due account of pending applications for certificates.deleted
2018/11/28
Committee: JURI
Amendment 142 #

2018/0161(COD)

Proposal for a regulation
Recital 21
(21) It is necessary and appropriate for the achievement of the basic objective, of providing a level playing field for generic and biosimilar manufacturers with their competitors in third country markets where protection does not exist or has expired, to lay down rules restricting the exclusive right of a supplementary protection certificate holder to make the product in question during the term of the certificate, and also to impose certain information and labelling obligations on makers wishing to take advantage of those rules. This Regulation complies with the principle of proportionality, and does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with Article 5(4) of the Treaty on European Union.
2018/11/28
Committee: JURI
Amendment 154 #

2018/0161(COD)

Proposal for a regulation
Recital 22
(22) This Regulation respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for the right to property in Article 17 of the Charter by maintaining the core rights of the supplementary protection certificate, by confining the exception to certificates granted on or after a specified date after entry into force of this Regulation and by imposing certain conditions on the application of the exception,the right to health care in Article 35 of the Charter by making medicines more accessible to EU patients, and the principle of proportionality in Article 52 of the Charter.
2018/11/28
Committee: JURI
Amendment 169 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2
(i) making for either: a. making a product, or a product to be placed on the market as a medicinal product, for the exclusive purposes of export to third countries and/or storage to enter the market of Member States as and from day-1; or
2018/11/28
Committee: JURI
Amendment 189 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point ii
(ii) any related act that is strictly necessary for that making in the Union or for the actual export and/or storage itself;
2018/11/28
Committee: JURI
Amendment 194 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point a – point ii a (new)
(iia) sale, and offer for sale, for the purpose of export to third countries; or
2018/11/28
Committee: JURI
Amendment 195 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point a – point ii a (new)
(iia) importing for the purposes of (i);
2018/11/28
Committee: JURI
Amendment 209 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point c
(c) the maker ensures that a logo, in the form set out in Annex -I, is affixed to the outer packaging of the product or, if there is no outer packaging, to its immediate packaging;deleted
2018/11/28
Committee: JURI
Amendment 227 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
(d) the number of the authorisation granted in accordance with Article 40(1) of Directive 2001/83/EC or Article 44(1) of Directive 2001/82/EC for the manufacture of the corresponding medicinal product or, in the absence of such authorisation, a valid certificate of good manufacturing practice as referred to in Article 111(5) of Directive 2001/83/EC or Article 80(5) of Directive 2001/82/EC covering the premises where the making is to take place;deleted
2018/11/28
Committee: JURI
Amendment 231 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 3 – point f
(f) an indicative list of the intended third country or third countries to which the product is to be exported.deleted
2018/11/28
Committee: JURI
Amendment 246 #

2018/0161(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 5
5. Paragraph 2 shall apply in the case only of certificates granted on or after [OP: please insert the date of the first day of the third month that follows the month in which this amending Regulation is published in the Official Journal)].only to activities carried out after the entry into force of the present Regulation;
2018/11/28
Committee: JURI
Amendment 265 #

2018/0161(COD)

Proposal for a regulation
Annex I
THIS SUBHEADING IS MISSING. THANK YOU FOR USING ANOTHER LANGUAGE. Logo null ’deleted
2018/11/28
Committee: JURI
Amendment 40 #

2018/0140(COD)

Proposal for a regulation
Recital 6
(6) Since this Regulation is only intended to facilitate the provision of information between economic operators and administrative bodies, specifically, by electronic means, it should not affect the provisions of Union or national law determining the content of regulatory information and, in particular, should not impose any additional regulatory information requirements. While this Regulation is intended to allow compliance with regulatory information requirements through electronic means rather by means of paper documents, it should not otherwise affect the relevant Union provisions on requirements regarding the documents to be used for the structured presentation of the information in question. The provisions of Union legislation on shipments of waste containing procedural requirements for the shipments as should equally remain unaffected by this Regulation. This Regulation should also be without prejudice to the provisions on reporting obligations set out in Regulation (EU) No 952/2013 or in implementing or delegated acts adopted under its terms.
2018/12/05
Committee: TRAN
Amendment 56 #

2018/0140(COD)

Proposal for a regulation
Article 1 – paragraph 3 a (new)
3a. The provisions of this Regulation shall be without prejudice to existing regulations on electronic means of regulatory information exchange, such as the European Maritime Single Window environment, and the measures established and applied by the relevant UN bodies, including ICAO and IMO, and through UN Conventions such as the eCMR.
2018/12/05
Committee: TRAN
Amendment 74 #

2018/0140(COD)

Proposal for a regulation
Article 8 – paragraph 1 – introductory part
1. The eFTI platforms used for processing regulatory information shall provide functionalities thatould be subject to the general principles of technological neutrality as well as interoperability with existing electronic information exchange systems and should ensure that:
2018/12/05
Committee: TRAN
Amendment 80 #

2018/0140(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point c
(c) a unique electronic identifying link can be established between the data processed and the physical shipment of a determined set of goods to which that data is related, from origin to destination, under the terms of a single transport contract, irrespective of the quantity or number of containers, packages, or pieces;
2018/12/05
Committee: TRAN
Amendment 89 #

2018/0140(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point c
(c) authorities have immediate access to regulatory information concerning a freight transport operation processed by means of their eFTI platforms, when this access is given to the authorities by an economic operator concerned;
2018/12/05
Committee: TRAN
Amendment 90 #

2018/0140(COD)

(da) the system for calculating all user tariffs is in line with the actual operating costs of the system in order to minimise the financial barriers to SMEs for using eFTI;
2018/12/05
Committee: TRAN
Amendment 94 #

2018/0140(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. Member States shall maintain an updated list of the accredited conformity assessment bodies, and of the eFTI platforms and eFTI service providers certified by those bodies in accordance with Articles 11 and 12. They shall make that list publicly available on an official government Internet website. The list shall be regularly updated, and by the latest by 31 Marchy each year.
2018/12/05
Committee: TRAN
Amendment 95 #

2018/0140(COD)

Proposal for a regulation
Article 10 – paragraph 4
4. By 31 Marchy each year, Member States shall submit the lists referred to in paragraph 3 to the Commission, together with the address of the website where those lists have been published. The Commission shall publish a link to those website addresses on its official webpage.
2018/12/05
Committee: TRAN
Amendment 99 #

2018/0140(COD)

Proposal for a regulation
Article 13 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016, as well as experts representing economic operators and industry organisations, in order to ensure the implementation of this Regulation in an efficient way without generating additional costs for businesses.
2018/12/05
Committee: TRAN
Amendment 42 #

2018/0138(COD)

Proposal for a regulation
Recital 3 a (new)
(3a) Legal measures taken by the Member States to enhance the investment process, including procedures relating to the issuing of administrative decisions on strategic infrastructure investments, are an important tool when it comes to making progress towards the completion of the trans-European transport network, and should be regarded as satisfying the requirements of this Regulation.
2018/10/19
Committee: TRAN
Amendment 48 #

2018/0138(COD)

Proposal for a regulation
Recital 6
(6) The establishment of a single competent authority at national level integrating all permit granting procedures (one-stop shop) should reduce the complexity, improve the efficiency and increase the transparency of the procedures. It should also enhance the cooperation between Member States where appropriate. The procedures should promote a real cooperation between investors and the single competent authority and should therefore allow for the scoping in the pre-application phase of the permit granting procedure. Such scoping should be integrated in the detailed application outline and follow the procedure set out in Article 5(2) of 2011/92/EU, as amended by Directive 2014/52/EU.
2018/10/19
Committee: TRAN
Amendment 64 #

2018/0138(COD)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation sets out requirements which may be applicable to the administrative procedures followed by the competent authorities of Member States in relation to the authorisation and implementation of all projects of common interest on the core network of the trans- European transport network..
2018/10/19
Committee: TRAN
Amendment 66 #

2018/0138(COD)

Measures to enhance investment processes that are in place in the Member States shall be regarded as satisfying the requirements of this Regulation.
2018/10/19
Committee: TRAN
Amendment 76 #

2018/0138(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point d
(d) ‘single competent authority’ means the authorityan authority or authorities, operating within a specified administrative area, which the Member State designates as responsible for performing the duties arising from this Regulation;
2018/10/19
Committee: TRAN
Amendment 85 #

2018/0138(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. Each project of common interest on the TEN-T core network shallmay be subject to an integrated permit granting procedure managed by a single competent authority designated by each Member State in accordance with Articles 5 and 6.
2018/10/19
Committee: TRAN
Amendment 103 #

2018/0138(COD)

Proposal for a regulation
Article 5 – title
Single cCompetent permit granting authority
2018/10/19
Committee: TRAN
Amendment 107 #

2018/0138(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. By … ([OP please insert the date: one year ofafter the entry into force of this Regulation)], each Member State shall designate one singlea competent authority which shall be responsible for facilitating the permit granting process including for making the comprehensive decision.
2018/10/19
Committee: TRAN
Amendment 112 #

2018/0138(COD)

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – introductory part
The responsibility of the single competent authority referred to in paragraph 1 and/or the tasks related to it may be delegated to, or carried out by, another authority at the appropriate administrative level, per project of common interest or per particular category of projects of common interest, under the following conditions:
2018/10/19
Committee: TRAN
Amendment 115 #

2018/0138(COD)

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point a
(a) only onethe competent authority is responsible perfor a project of common interest;
2018/10/19
Committee: TRAN
Amendment 117 #

2018/0138(COD)

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point b
(b) the authority is the solemain point of contact for the project promoter in the procedure leading to the comprehensive decision for a given project of common interest, and
2018/10/19
Committee: TRAN
Amendment 122 #

2018/0138(COD)

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
The single competent authority may retain the responsibility to establish time limits, without prejudice to the time limits set in accordance with Article 6.
2018/10/19
Committee: TRAN
Amendment 123 #

2018/0138(COD)

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
The single competent authority shall issue the comprehensive decision within the time limits specified in Article 6. It shall do so following joint procedures.
2018/10/19
Committee: TRAN
Amendment 125 #

2018/0138(COD)

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2
The comprehensive decision issued by the single competent authority shall be the solea legally binding decision resulting from the statutory permit granting procedure. Where other authorities are concerned by the project, they may give their opinion as input to the procedure, in accordance with national legislation. This opinion shall be taken into account by the single competent authoritye competent authority is required to take such opinions into account, particularly if they concern the requirements laid down in Directive 2014/52/EU of the European Parliament and of the Council and Council Directive 92/43/EEC.
2018/10/19
Committee: TRAN
Amendment 129 #

2018/0138(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. When taking the comprehensive decision, the single competent authority shall ensure that the relevant requirements under international and Union law are respected and shall duly justify its decision.
2018/10/19
Committee: TRAN
Amendment 135 #

2018/0138(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. The pre-application phase, covering the period from the start of the permit granting procedure to the submission of the complete application file to the single competent authority, shall in principle not exceed two years.
2018/10/19
Committee: TRAN
Amendment 141 #

2018/0138(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. In order to launch the permit granting procedure, the project promoter shall notify the single competent authority of the Member States concerned about the project in writing, and shall include a detailed description of the project. No later than twofour months following the receipt of the above notification, the single competent authority shall either acknowledge it or, if it considers that the project is not mature enough to enter the permit granting procedure, reject the notification in writing. If the single competent authority decides to reject the notification, it shall justify its decision. The date of signature of the acknowledgement of the notification by the competent authority shall serve as the start of the permit granting procedure. If two or more Member States are concerned, the date of the acceptance of the last notification by the competent authority concerned shall serve as the date of the start of the permit granting procedure.
2018/10/19
Committee: TRAN
Amendment 147 #

2018/0138(COD)

Proposal for a regulation
Article 6 – paragraph 4 – introductory part
4. Within threesix months of the start of the permit granting procedure, the single competent authority, in close cooperation with the project promoter and other authorities concerned and taking into account the information submitted by the project promoter on the basis of the notification referred to in paragraph 3, shall establish and communicate to the project promoter a detailedn application outline, containing:
2018/10/19
Committee: TRAN
Amendment 153 #

2018/0138(COD)

5. In order to ensure that the application file is complete and of adequate quality, the project promoter shall seek the single competent authority's opinion on its application as early as possible during the pre-application procedure. The project promoter shall cooperate fully with the single competent authority to meet deadlines and comply with the detailed application outline as defined in paragraph 4.
2018/10/19
Committee: TRAN
Amendment 160 #

2018/0138(COD)

Proposal for a regulation
Article 6 – paragraph 6
6. The project promoter shall submit the application file based on the detailed application outline within the period of 214 months from the receipt of that detailed application outline. After the expiry of that period, the detailed application outline is no longer considered applicable, unless the single competent authority decides to prolong that period, on the basis of a justified request from the project promoter.
2018/10/19
Committee: TRAN
Amendment 163 #

2018/0138(COD)

Proposal for a regulation
Article 6 – paragraph 7
7. At the latest within the period of twosix months from the date of submission of the complete application file, the competent authority shall acknowledge in writing the completeness of the application file and communicate it to the project promoter. The application file submitted by the project promoter shall be considered as being complete, unless, within the period of twohree months from the date of submission, the competent authority makes a request regarding missing information to be submitted by the project promoter. That request shall be limited, as regards the material scope and level of detail, to the elements identified in the detailed application outline. Any additional request for information shall only result from exceptional and unforeseen new circumstances and shall be duly justified by the single competent authority.
2018/10/19
Committee: TRAN
Amendment 169 #

2018/0138(COD)

Proposal for a regulation
Article 6 – paragraph 8
8. The single competent authority shall assess the application and adopt a comprehensive decision within the period of one year from the date of submission of the complete application file in accordance with paragraph 7. Member States may set an earlier time-limit, where appropriate.
2018/10/19
Committee: TRAN
Amendment 174 #

2018/0138(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. Without prejudice to the obligation to comply with the time limits under this Regulation, if the time-limit for the comprehensive decision is not observed, the competent authority shall immediately inform the European Coordinator concerned about the measures taken or to be taken to conclude the permit granting procedure with the least possible delay. The European Coordinator may request the competent authority to regularly report on progress achieved.
2018/10/19
Committee: TRAN
Amendment 179 #

2018/0138(COD)

Proposal for a regulation
Article 9 – paragraph 1
OnAt the request of a project promoter or Member State, in accordance with the relevant Union funding programmes and without prejudice to the Multi-Annual Financial Framework, the Union shall make available technical, advisory and financial assistance for the implementation of this Regulation and the facilitation of the implementation of projects of common interest. at each stage of the investment process.
2018/10/19
Committee: TRAN
Amendment 246 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive (EU) 2017/1132
Article 24 – point (e)
(e) the detailed list of data to be transmitted for the purpose of exchange information between registers, as referred to in Articles 20, 34, 86h, 86o, 86p, 86q, 123, 127, 128, 130, 160j, 160q, 160r and 160s;
2018/09/25
Committee: JURI
Amendment 253 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 – paragraph 1
1. This Chapter shall apply to the conversion of a limited liability company formed in accordance with the law of a Member State and having its registered office, central administration or principal place of business within the Union into a limited ability company governed by the law of another Member State and listed in Annex II of the Directive2017/1132 of 14 June 2017 relating to certain aspects of company law.
2018/09/25
Committee: JURI
Amendment 267 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c – paragraph 2 – point b
(b) the company is subject to preventive restructuring proceedings initiated because of the likelihood of insolvency;deleted
2018/09/25
Committee: JURI
Amendment 278 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c – paragraph 2 a (new)
2a. A company subject to preventive restructuring proceedings initiated because of the likelihood of insolvency shall be subject to a scrutiny by the competent authorities of the Member States as to whether its conversion or division themselves might serve the purpose of restructuring and avoiding insolvency. Following the scrutiny, the competent authorities of the Member States shall make an autonomous decision whether the company in question is entitled to carry out a cross border conversion or not.
2018/09/25
Committee: JURI
Amendment 282 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c – paragraph 3
3. Member States shall ensure that the competent authority of the departure Member State shall not authorise the cross- border conversion where it determines, after an examination of the specific case and having regard to all relevant facts and circumstances, that it constitutes an artificial arrangement aimed at obtaining undue tax advantages or at unduly, that should be understood as a non-genuine arrangement or a series of arrangements which have been put into place for the main purpose or one of the main purposes of obtaining a tax advantage that defeats the object or purpose of the applicable tax law prejudicing the legal or contractual rights of employees, creditors or minority members.
2018/09/25
Committee: JURI
Amendment 287 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c – paragraph 3 a (new)
3a. For the purpose of paragraph 3, an arrangement or a series thereof shall be regarded as non-genuine to the extent that they are not put into place for valid commercial reasons which reflect economic reality.
2018/09/25
Committee: JURI
Amendment 320 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86e – title
Article 86e Report of the management or administrative organ to the members
2018/09/25
Committee: JURI
Amendment 336 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 – paragraph 2 a (new)
2a. The report, referred to in paragraph 1 of this Article, shall be accompanied with a statement of the management or administrative organ of the company about places of business after the cross-border conversion, including information about a partial or complete carrying on of business in the departure Member State and, in appropriate circumstances, marking a fact of further conduct of operations only in the departure Member State.
2018/09/25
Committee: JURI
Amendment 346 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 4
4. However, that report shall not be required where all the members of the company carrying out the cross-border conversion have agreed to waive this requirement.deleted
2018/09/25
Committee: JURI
Amendment 428 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 – paragraph 2
2. The competent authority shall appoint an independent expert within fiveten working days from the application referred to in paragraph 1 and the receipt of the draft terms and reports. The expert shall be independent from the company carrying out the cross-border conversion and may be a natural or a legal person depending upon the law of the departure Member State. Member States shall take into account, in assessing the independence of the expert, the framework established in Articles 22 and 22b of Directive 2006/43/EC.
2018/09/25
Committee: JURI
Amendment 576 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive (EU) 2017/1132
Article 122 – paragraph 1 – subparagraph 2 – point a
(a) it may not be earlier than the date of the balance sheet of the last annual financial statements drawn up and publishedmade available by any of the merging companies;
2018/09/25
Committee: JURI
Amendment 652 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive (EU) 2017/1132
Article 133a – title
Article 133a Liability of independent experts and members of management or administrative organ
2018/09/25
Committee: JURI
Amendment 653 #

2018/0114(COD)

1. Member States shall lay down rules governing the civil liability of the independent experts responsible for drawing up the report referred to in Articles 125 and 126b(2)(a), including in respect of misconduct on their part in the performance of their duties.;
2018/09/25
Committee: JURI
Amendment 654 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive (EU) 2017/1132
Article 133 – paragraph 2
2. Member States shall lay down rules governing the penal liability of members of management or administrative organ of company responsible for submitting a false statement about the places of business referred to in art. 86e par. 3.
2018/09/25
Committee: JURI
Amendment 655 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive (EU) 2017/1132
Article 133
3. A member of the management or administrative body does not bear the responsibility referred to in paragraph 2 of this article, when a change of places of business activity results from economic reasons that could not have been known to the member of company's organ at the time when the statement was submitted.
2018/09/25
Committee: JURI
Amendment 665 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160d – paragraph 2 – point b
(b) the company is subject to preventive restructuring proceedings initiated because of the likelihood of insolvency;deleted
2018/09/25
Committee: JURI
Amendment 672 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
2 a. A company subject to preventive restructuring proceedings initiated because of the likelihood of insolvency shall be subject to a scrutiny by the competent authorities of the Member States as to whether its conversion or division themselves might serve the purpose of restructuring and avoiding insolvency. Following the scrutiny, the competent authorities of the Member States shall make an autonomous decision whether the company in question is entitled to carry out a cross border conversion or not.
2018/09/25
Committee: JURI
Amendment 674 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160d – paragraph 3
3. The Member State of the company being divided shall ensure that the competent authority shall not authorise the division when it determines, after an examination of the specific case and having regard to all relevant facts and circumstances, that it constitutes an artificial arrangement aimed at obtaining undue tax advantages or at unduly, that should be understood as an arrangement or a series of arrangements which have been put into place for the main purpose or one of the main purposes of obtaining a tax advantage that defeats the object or purpose of the applicable tax law or at prejudicing the legal or contractual rights of employees, creditors or members.
2018/09/25
Committee: JURI
Amendment 679 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160d – paragraph 3 a (new)
3 a. For the purposes of paragraph 3, an arrangement or a series thereof shall be regarded as non-genuine to the extent that they are not put into place for valid commercial reasons which reflect economic reality.
2018/09/25
Committee: JURI
Amendment 689 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160 – paragraph 4 – point a
(a) it may not be earlier than the date of the balance sheet of the last annual financial statements drawn up and publishedmade available by the company being divided;
2018/09/25
Committee: JURI
Amendment 692 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160 – title
Article 160g Report of the management or administrative organ to the members
2018/09/25
Committee: JURI
Amendment 700 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 2 – point a (new)
2 a. The report, referred to in paragraph 1 of this Article, shall be accompanied with a statement of the management or administrative organ of the company about places of business after the cross-border conversion, including information about a partial or complete carrying on of business in the departure Member State and, in appropriate circumstances, marking a fact of further conduct of operations only in the departure Member State.
2018/09/25
Committee: JURI
Amendment 711 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 4
4. However, the report referred to in paragraph 1, shall not be required where all the members of the company being divided have agreed to waive this document.deleted
2018/09/25
Committee: JURI
Amendment 782 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 2
2. However, the rules in force concerning employee participation, if any, in the Member State where the company resulting from the cross-border division has its registered office shall not apply, where the company being divided, in the six months prior to the publication ofdate of making available the draft terms of the cross- border division as referred to in Article 160e of this Directive, has an average number of employees equivalent to four fifths of the applicable threshold, laid down in the law of the Member State of the company being divided, which triggers the participation of employees within the meaning of point (k) of Article 2 of Directive 2001/86/EC, or where the national law applicable to each of the recipient companies does not:
2018/09/25
Committee: JURI
Amendment 807 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160v – title
Article 160v Liability of the independent experts and members of management or administrative organ
2018/09/25
Committee: JURI
Amendment 808 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160v – paragraph 2 (new)
Member States shall lay down rules governing the penal liability of members of management or administrative organ of company responsible for submitting a false statement about the places of business referred to in art. 86e par. 3.
2018/09/25
Committee: JURI
Amendment 809 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160v – paragraph 3 (new)
A member of the management or administrative body does not bear the responsibility referred to in paragraph 2 of this article, when a change of places of business activity results from economic reasons that could not have been known to the member of company's organ at the time when the statement was submitted.
2018/09/25
Committee: JURI
Amendment 74 #

2018/0106(COD)

Proposal for a directive
Article 1 – paragraph 1 – point a – introductory part
(a) breaches falling within the scope of the Union acts set out in the Annex (Part I and Part II), in particular as regards the following areas:
2018/07/19
Committee: EMPL
Amendment 85 #

2018/0106(COD)

Proposal for a directive
Article 2 – paragraph 1 – point c
(c) shareholders and persons belonging to the management body of an undertaking, including non-executive members, as well as volunteers and unpaid trainees;
2018/07/19
Committee: EMPL
Amendment 28 #

2018/0064(COD)

Proposal for a regulation
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 46, Article 48, Article 53(1), Article 62 and Article 91(1) thereof,
2018/09/13
Committee: TRAN
Amendment 47 #

2018/0064(COD)

Proposal for a regulation
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared work. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third-country nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
2018/09/13
Committee: TRAN
Amendment 62 #

2018/0064(COD)

Proposal for a regulation
Recital 13
(13) In view of the fair, simple and effective application of Union law, the Authority should support cooperation and timely exchange of information between Member States. Together with other staff, National Liaison Officers working within the Authority should support Member States’ compliance with cooperation obligations, speed up exchanges between them through procedures dedicated to reducing delays, and ensure links with other national liaison offices, bodies, and contact points established under Union law. The Authority should encourage the use of innovative approaches to effective and efficient cross-border cooperation, including electronic data exchange tools such as the Electronic Exchange of Social Security Information (EESSI) system and the Internal Market Information (IMI) system, and should contribute to further digitalising procedures and improving IT tools used for message exchange between national authorities.
2018/09/13
Committee: TRAN
Amendment 79 #

2018/0064(COD)

Proposal for a regulation
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared work. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third-country nationals, it should be able to report them and cooperate on these matters with the Commission, and competent Union bodies, and national authorities where appropriate.
2018/09/11
Committee: JURI
Amendment 82 #

2018/0064(COD)

Proposal for a regulation
Recital 21
(21) The Member States and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the Authority. The composition of the Management Board, including the selection of its Chair and Deputy-Chair, should respect the principles of gender balance, experience and qualification. In view of the effective and efficient functioning of the Authority, the Management Board, in particular, should adopt an annual work programme, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. Representatives from countries other than Union Member States, which are applying the Union rules within the scope of the Authority, may participate in the meetings of the Management Board as observers.
2018/09/13
Committee: TRAN
Amendment 83 #

2018/0064(COD)

Proposal for a regulation
Recital 24
(24) To guarantee its full autonomy and independence, the Authority should be granted an autonomous budget, with revenue coming from the general budget of the Union, any voluntary financial contribution from the Member States and any contribution from third countries participating in the work of the Authority. In exceptional and duly justified cases it should also be in the position to receive delegation agreements or ad hoc grants, and to charge for publications and any service provided by the Authority.
2018/09/13
Committee: TRAN
Amendment 90 #

2018/0064(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes the European Labour Authority (‘the AuthoritMobility Agency (‘the Agency’).
2018/09/13
Committee: TRAN
Amendment 91 #

2018/0064(COD)

Proposal for a regulation
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared work. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third-country nationals, it should be able to report them and cooperate on these matters with the Commission, and competent Union bodies, and national authorities where appropriate.
2018/07/19
Committee: EMPL
Amendment 113 #

2018/0064(COD)

Proposal for a regulation
Recital 21
(21) The Member States and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the Authority. The composition of the Management Board, including the selection of its Chair and Deputy-Chair, should respect the principles of gender balance,take into account experience and qualification. In view of the effective and efficient functioning of the Authority, the Management Board, in particular, should adopt an annual work programme, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. Representatives from countries other than Union Member States, which are applying the Union rules within the scope of the Authority, may participate in the meetings of the Management Board as observers.
2018/09/11
Committee: JURI
Amendment 114 #

2018/0064(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) support cooperation between Member States in the cross-border enforcement of relevant Union law, including facilitating concerted and joint inspections;
2018/09/13
Committee: TRAN
Amendment 116 #

2018/0064(COD)

Proposal for a regulation
Recital 24
(24) To guarantee its full autonomy and independence, the Authority should be granted an autonomous budget, with revenue coming from the general budget of the Union, any voluntary financial contribution from the Member States and any contribution from third countries participating in the work of the Authority. In exceptional and duly justified cases it should also be in the position to receive delegation agreements or ad hoc grants, and to charge for publications and any service provided by the Authority.
2018/09/11
Committee: JURI
Amendment 118 #

2018/0064(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c
(c) mediate and facilitate asupport Member States in finding solution in cases of cross-border disputes between national authorities or labour market disruptions upon the request of the Member States.
2018/09/13
Committee: TRAN
Amendment 139 #

2018/0064(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) coordinate and support concerted and joint inspections, in accordance with Articles 9 and 10;
2018/09/13
Committee: TRAN
Amendment 141 #

2018/0064(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point f
(f) mediate in disputes between Member States' authorities on the application of relevant Union law, in accordance with Article 13;deleted
2018/09/13
Committee: TRAN
Amendment 155 #

2018/0064(COD)

Proposal for a regulation
Article 5 – paragraph 1 a (new)
1a. While carrying out the tasks set out in the previous paragraph, the national competences of Member States should be respected;
2018/09/13
Committee: TRAN
Amendment 157 #

2018/0064(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c
(c) mediate and facilitate a solution in casat the request of cross-border disputhe Member States, mediates between national authorities orand help to resolve labour market disruptions.
2018/09/11
Committee: JURI
Amendment 159 #

2018/0064(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) cooperate with Members States to provide relevant information to employees and employers on the rights and obligations of individuals in cross-border labour mobility situations;
2018/09/13
Committee: TRAN
Amendment 161 #

2018/0064(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) promote opportunities to support the labour mobility of individuals, including through guidance on access to learning and language training;
2018/09/13
Committee: TRAN
Amendment 167 #

2018/0064(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) support Member States in provideing relevant information to employers on labour rules, and the living and working conditions applicable to workers in cross-border labour mobility situations, including posted workers;
2018/09/13
Committee: TRAN
Amendment 169 #

2018/0064(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) support Member States in closely cooperate with the Member States and the competent national authorities in complying with the obligations on the dissemination of and access to information relating to the free movement of workers as laid down in Article 6 of Directive 2014/54/EU, and to the posting of workers as laid down in Article 5 of Directive 2014/67/EU;
2018/09/13
Committee: TRAN
Amendment 180 #

2018/0064(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) providein cooperation with the relevant national authorities, provide employees and employers with relevant information on the rights and obligations of individuals in cross-border labour mobility situations;
2018/09/11
Committee: JURI
Amendment 181 #

2018/0064(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
The Authority shall facilitate cooperation between Member States and support their effective compliance with cooperation obligations, including on information exchange, as defined in Union law within the scope of the Authority’s competences.
2018/09/13
Committee: TRAN
Amendment 182 #

2018/0064(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) promote opportunitifinance and organise consultancy and training, including language courses, to support the labour mobility of individuals, including through guidance on access to learning and language training;
2018/09/11
Committee: JURI
Amendment 186 #

2018/0064(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) provide relevantin cooperation with the relevant national authorities, provide information to employers on current labour rules, and othe living and working conditionsr socio-economic indicators affecting levels of pay applicable to workers in cross-border labour mobility situations, including posted workers;
2018/09/11
Committee: JURI
Amendment 190 #

2018/0064(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
(d) facilitate cross-border enforcement procedures of penalties and fines;deleted
2018/09/13
Committee: TRAN
Amendment 190 #

2018/0064(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) support Member States incooperate closely with the Member States and relevant national authorities to ensure complyingiance with the obligations on the dissemination of and access to information relating to the free movement of workers as laid down in Article 6 of Directive 2014/54/EU, and to the posting of workers as laid down in Article 5 of Directive 2014/67/EU;
2018/09/11
Committee: JURI
Amendment 200 #

2018/0064(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. The Authority shall support the work of the Administrative Commission for the Coordination of Social Security Systems and the Member States with handling financial matters related to social security coordination, in accordance with Article 74 of Regulation (EC) No 883/2004 and Articles 65, 67 and 69 of Regulation (EC) No 987/2009.
2018/09/13
Committee: TRAN
Amendment 202 #

2018/0064(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
The Authority shall facilitate cooperation between Member States and support their effective compliance with cooperation obligationsin the area of cooperation, including on information exchange, as defined in Union law within the scope of the Authority’s competences.
2018/09/11
Committee: JURI
Amendment 204 #

2018/0064(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – introductory part
To that end, the Authority shall, upon request of and in close cooperation with national authorities, and in order to speed up exchanges between them, in particular:
2018/09/11
Committee: JURI
Amendment 206 #

2018/0064(COD)

Proposal for a regulation
Recital 21
(21) The Member States and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the Authority. The composition of the Management Board, including the selection of its Chair and Deputy-Chair, should respect the principles of gender balance, experience and qualification. In view of the effective and efficient functioning of the Authority, the Management Board, in particular, should adopt an annual work programme, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. Representatives from countries other than Union Member States, which are applying the Union rules within the scope of the Authority, may participate in the meetings of the Management Board as observers.
2018/07/19
Committee: EMPL
Amendment 208 #

2018/0064(COD)

Proposal for a regulation
Article 9 – title
Coordination of concerted and joint inspections
2018/09/13
Committee: TRAN
Amendment 209 #

2018/0064(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
(d) facilitate cross-border enforcement procedures of penalties and fines;deleted
2018/09/11
Committee: JURI
Amendment 210 #

2018/0064(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. At the request of one or several Member States, the Authority shall coordinategency may participate in concerted or joint inspections in the areas under the scope of the Authority’s competences. The request may be submitted by one or several Member States. The Authority may also suggest to the authorities of the Member States concerned that they perform a concerted or joint inspection.
2018/09/13
Committee: TRAN
Amendment 218 #

2018/0064(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. Where the authority of a Member State decides not to participate in or carry out the concerted or joint inspection referred to paragraph 1, it shall inform the Authority in writing of the reasons for its decision duly in advance. In such cases, the Authority shall inform the other national authorities concerned.deleted
2018/09/13
Committee: TRAN
Amendment 219 #

2018/0064(COD)

Proposal for a regulation
Recital 24
(24) To guarantee its full autonomy and independence, the Authority should be granted an autonomous budget, with revenue coming from the general budget of the Union, any voluntary financial contribution from the Member States and any contribution from third countries participating in the work of the Authority. In exceptional and duly justified cases it should also be in the position to receive delegation agreements or ad hoc grants, and to charge for publications and any service provided by the Authority.
2018/07/19
Committee: EMPL
Amendment 224 #

2018/0064(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. At the request of one or several Member States, the Authority shall coordinate concerted or joint inspections in the areas under the scope of the Authority’s competences. The request may be submitted by one or several Member States. The Authority may also suggest to the authorities of the Member States concerned that they perform a concerted or joint inspection.
2018/09/11
Committee: JURI
Amendment 227 #

2018/0064(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. Where the authority of a Member State decides not to participate in or carry out the concerted or joint inspection referred to paragraph 1, it shall inform the Authority in writing of the reasons for its decision duly in advance. In such cases, the Authority shall inform the other national authorities concerned.
2018/09/11
Committee: JURI
Amendment 237 #

2018/0064(COD)

Proposal for a regulation
Article 10 – paragraph 7
7. In the event that the Authority, in the course of concerted or joint inspections, or in the course of any of its activities, becomes aware of suspected irregularities in the application of Union law, including beyond the scope of its competences, it shall report those suspected irregularities to the Commission and authorities in the Member State concerned and the Commission, where appropriate.
2018/09/13
Committee: TRAN
Amendment 251 #

2018/0064(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. The Authority shall collect statistical data compiled and voluntarily provided by Member States in the areas of Union law within the scope of the Authority’s competences. In doing so, the Authority shall seek to streamline current data collection activities in those areas. Where relevant, Article 16 shall apply. The Authority shall liaise with the Commission (Eurostat) and share the results of its data collection activities, where appropriate.
2018/09/13
Committee: TRAN
Amendment 253 #

2018/0064(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point a
(a) develop suggestions of common guidelines for use by Member States, including guidance for inspections in cases with a cross-border dimension, as well as shared definitions and common concepts, building on relevant work at the Union level;
2018/09/13
Committee: TRAN
Amendment 260 #

2018/0064(COD)

Proposal for a regulation
Article 13
1. In the event of disputes between Member States regarding the application or interpretation of Union law in areas covered by this Regulation, the Authority may perform a mediation role. 2. Upon request of one of the Member States concerned by a dispute, the Authority shall launch a mediation procedure before its Mediation Board set up for this purpose in accordance with Article 17(2). The Authority may also launch a mediation procedure on its own initiative before the Mediation Board, including on the basis of a referral from SOLVIT, subject to the agreement of all Member States concerned by that dispute. 3. When presenting a case for mediation by the Authority, Member States shall ensure that all personal data related to that case is anonymised and the Authority shall not process the personal data of individuals concerned by the case at any point in the course of the mediation procedure. 4. Cases in which there are ongoing court proceedings at national or Union level shall not be admissible for mediation by the Authority. 5. Within three months of the conclusion of the mediation by the Authority, the Member States concerned shall report to the Authority on measures they have taken in order to follow-up on it or on the reasons for not taking action in the event that they did not follow-up. 6. The Authority shall report to the Commission on a quarterly basis about the outcomes of the mediation cases it handles.Article 13 deleted Mediation between Member States
2018/09/13
Committee: TRAN
Amendment 285 #

2018/0064(COD)

Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
The Authority may set up working groups or expert panels with representatives from Member States and/or from the Commission, or external experts following selection procedures, for the fulfilment of its specific tasks or for specific policy areas, including a Mediation Board in order to fulfil its tasks in accordance with Article 13 of this Regulation, and a dedicated group for the purpose of handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, as referred to in Article 8(2) of this Regulation. The rules of procedure of such working groups and panels shall be set out by the Authority following consultation of the Commission. In matters related to social security coordination, the Administrative Commission for the Coordination of Social Security Systems shall also be consulted.
2018/09/13
Committee: TRAN
Amendment 288 #

2018/0064(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. The Management Board shall be composed of one senior representative from each Member State and twoone representatives of the Commission, all of whom have voting rights.
2018/09/13
Committee: TRAN
Amendment 289 #

2018/0064(COD)

Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 3
The Member States and the Commission shall make efforts to limit the turnover of their representatives on the Management Board in order to ensure continuity of the Board's work. All parties shall aim to achieve balanced representation between men and women on the Management Board.
2018/09/13
Committee: TRAN
Amendment 295 #

2018/0064(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. The Management Board shall be composed of one senior representative from each Member State and twoone representatives of the Commission, all of whom have voting rights.
2018/09/11
Committee: JURI
Amendment 297 #

2018/0064(COD)

Proposal for a regulation
Article 27 – paragraph 3 – point e
(e) charges for publications and any service provided by the Authority.deleted
2018/09/13
Committee: TRAN
Amendment 299 #

2018/0064(COD)

Proposal for a regulation
Article 41 – paragraph 1
1. No later than five years after the date referred to in Article 51, and every five years thereafter, the Commission shall assess the Authority's performance in relation to its objectives, mandate and tasks. The evaluation shall, in particular, address the possible need to modify the mandate of the Authority, and the financial implications of any such modification, including by further synergies and streamlining with Agencies active in the area of employment and social policy.
2018/09/13
Committee: TRAN
Amendment 299 #

2018/0064(COD)

Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 3
The Member States and the Commission shall make efforts to limit the turnover of their representatives on the Management Board in order to ensure continuity of the Board's work. All parties shall aim to achieve balanced representation between men and women on the Management Board.
2018/09/11
Committee: JURI
Amendment 301 #

2018/0064(COD)

Proposal for a regulation
Article 46 – paragraph 1 – point 4
Regulation (EC) 883/2004
Article 74 (4)
4. In the event of disputes between institutions or authorities regarding the application of this Regulation and the Implementing Regulation, the European Labour Authority shall mediate in accordance with [Article 13 on mediation of the Regulation establishing the Authority].;deleted
2018/09/13
Committee: TRAN
Amendment 302 #

2018/0064(COD)

Proposal for a regulation
Article 46 – paragraph 1 – point 5 Regulation (EC) 883/2004
(5) in Article 76(6), the second sentence is replaced by the following: ‘If a solution cannot be found within a reasonable period, the authorities concerned may call on the European Labour Authority to intervene..’deleted
2018/09/13
Committee: TRAN
Amendment 304 #

2018/0064(COD)

Proposal for a regulation
Article 47 – paragraph 1 – point 2
Regulation (EC) No 987/2009
Article 5(4)
4. Where no agreement is reached between the institutions concerned, the matter may be brought before the European Labour Authority by the competent authorities no earlier than one month following the date on which the institution that received the document submitted its request. The European Labour Authority shall endeavour to reconcile the points of view in accordance with the procedures set out in [Regulation establishing the Authority – Article 13 on mediation].;deleted
2018/09/13
Committee: TRAN
Amendment 305 #

2018/0064(COD)

Proposal for a regulation
Article 47 – paragraph 1 – point 3
Regulation (EC) No 987/2009
Article 6(3)
(3) in Article 6, paragraph 3 is replaced by the following: ‘3. Where no agreement is reached between the institutions or authorities concerned, the matter may be brought before the European Labour Authority by the competent authorities no earlier than one month after the date on which the difference of views, as referred to in paragraph 1 or 2 arose. The European Labour Authority shall seek to reconcile the points of view line with the procedures set out in [Regulation establishing the Authority – Article 13 on mediation].;’deleted
2018/09/13
Committee: TRAN
Amendment 326 #

2018/0064(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c
(c) mediate and facilitate a solution in casat the request of cross-border disputhe Member States, mediates between national authorities orand facilitate a solution in labour market disruptions.
2018/07/19
Committee: EMPL
Amendment 338 #

2018/0064(COD)

Proposal for a regulation
Article 27 – paragraph 3 – point e
(e) charges for publications and any service provided by the Authority.deleted
2018/09/11
Committee: JURI
Amendment 402 #

2018/0064(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) providein cooperation with the relevant national authorities, provide employees and employers with relevant information on the rights and obligations of individuals in cross-border labour mobility situations;
2018/07/19
Committee: EMPL
Amendment 406 #

2018/0064(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) promote opportunitifinance and organise consultancy and training, including language courses, to support the labour mobility of individuals, including through guidance on access to learning and language training;
2018/07/19
Committee: EMPL
Amendment 410 #

2018/0064(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) provide relevantin cooperation with the relevant national authorities, provide information to employers on current labour rules, and othe living and working conditionsr socio-economic indicators affecting levels of pay applicable to workers in cross-border labour mobility situations, including posted workers;
2018/07/19
Committee: EMPL
Amendment 428 #

2018/0064(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) in close cooperation with the Member States and relevant national authorities, support Member States in complying with the obligations on the dissemination of and access to information relating to the free movement of workers as laid down in Article 6 of Directive 2014/54/EU, and to the posting of workers as laid down in Article 5 of Directive 2014/67/EU;
2018/07/19
Committee: EMPL
Amendment 464 #

2018/0064(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
The Authority shall facilitate cooperation between Member States and support their effective compliance with cooperation obligationsin the area of cooperation, including on information exchange, as defined in Union law within the scope of the Authority’s competences.
2018/07/19
Committee: EMPL
Amendment 473 #

2018/0064(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – introductory part
To that end, the Authority shall, upon request of and in close cooperation with national authorities, and in order to speed up exchanges between them, in particular:
2018/07/19
Committee: EMPL
Amendment 488 #

2018/0064(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
(d) facilitate cross-border enforcement procedures of penalties and fines;deleted
2018/07/19
Committee: EMPL
Amendment 544 #

2018/0064(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. At the request of one or several Member States, the Authority shall coordinate concerted or joint inspections in the areas under the scope of the Authority’s competences. The request may be submitted by one or several Member States. The Authority may also suggest to the authorities of the Member States concerned that they perform a concerted or joint inspection.
2018/07/19
Committee: EMPL
Amendment 566 #

2018/0064(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. Where the authority of a Member State decides not to participate in or carry out the concerted or joint inspection referred to paragraph 1, it shall inform the Authority in writing of the reasons for its decision duly in advance. In such cases, the Authority shall inform the other national authorities concerned.
2018/07/19
Committee: EMPL
Amendment 802 #

2018/0064(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. The Management Board shall be composed of one senior representative from each Member State and twoone representatives of the Commission, all of whom have voting rights.
2018/07/19
Committee: EMPL
Amendment 819 #

2018/0064(COD)

Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 3
The Member States and the Commission shall make efforts to limit the turnover of their representatives on the Management Board in order to ensure continuity of the Board's work. All parties shall aim to achieve a balanced representation between men and women on the Management Board.
2018/07/19
Committee: EMPL
Amendment 907 #

2018/0064(COD)

Proposal for a regulation
Article 27 – paragraph 3 – point e
e) charges for publications and any service provided by the Authority.deleted
2018/07/19
Committee: EMPL
Amendment 173 #

2018/0012(COD)

7. If, on the next port of call is located outside the Union, or there are good reasons to believebasis of the information available, including information available electronically in information, monitoring and legislation enforcement systems, as referred to in Article 14 or in GSIS, it cannot be established that adequate facilities are not available in the next port of call, or this port is unknown, the Member State shall require the ship to deliver, before departure, all its waste before departurethat cannot be adequately received and handled at the next port of call.
2018/07/19
Committee: TRAN
Amendment 186 #

2018/0012(COD)

Proposal for a directive
Article 8 – paragraph 2 – point c
(c) in order to provide for a maximum incentive for the delivery of waste as defined in Annex V to the MARPOL Convention, including the waste that has been collected in nets during fish - other than cargo residues - no fees shall be charged directly for that waste, ing operations, the indirect fee to be charged shall cover all the costs of port reception facilities for this waste, in order to ensure a right of delivery without any additional direct chargesrder to ensure a right of delivery without any additional charges based on the amount of waste indicated in advance, unless the amount of waste exceeds the maximum waste storage capacity as defined in the form included in Annex 2 to this Directive. Passively- fished waste is covered by this system, which includes the right to delivery;
2018/07/19
Committee: TRAN
Amendment 217 #

2018/0012(COD)

Proposal for a directive
Article 8 – paragraph 5
5. The fees shall be reduced if the ship’s design, equipment and operation are such that it can be demonstrated that the ship produces reduced quantities of waste, and manages its wasteCommission shall adopt implementing acts to establish criteria indicating that waste on the ship in question is managed in a sustainable and environmentally -sound manner. The Commission shall be empowered by means of delegated acts in accordance with Article 19, to define the criteria for determining that a ship meets the requirements stated in this paragraph in relation to the ship’s on-board waste managementose implementing acts shall be adopted in accordance with the examination procedure referred to in Article 20(2).
2018/07/19
Committee: TRAN
Amendment 241 #

2018/0012(COD)

Proposal for a directive
Article 11 – paragraph 1 a (new)
The Member States should be free to select the administrative bodies which will physically carry out inspections to assess compliance with the requirements of this Directive.
2018/07/19
Committee: TRAN
Amendment 266 #

2018/0012(COD)

Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by 31st of December 2020 at the latest, the laws, regulationsBy [36 months after the date of entry into force of this Directive], Member States shall adopt and publish the statutory, implementing and administrative provisionmeasures necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisionsmeasures forthwith.
2018/07/19
Committee: TRAN
Amendment 41 #

2017/2285(INI)

Draft opinion
Paragraph 3 a (new)
3a. Observes disproportion and lack of geographical balance in project selection within the EFSI whilst this new fund has been largely strengthened by the CEF fund to which EUR 11.3 billion have been transferred from Cohesion Fund;
2018/03/01
Committee: TRAN
Amendment 46 #

2017/2285(INI)

Draft opinion
Paragraph 4 a (new)
4a. 1. Emphasises however that new EU financing instruments or new EU funds cannot be created at the expense of the transport policy funding or any transport-devoted financial envelops.
2018/03/01
Committee: TRAN
Amendment 52 #

2017/2285(INI)

Draft opinion
Paragraph 4 b (new)
4b. In the light of the future challenges the EU transport policy will face in the global market particularly with regard to the new technologies, ITS and growing market competitions emphasises the necessity to maintain at least the same level of funding for the EU transport investment projects;
2018/03/01
Committee: TRAN
Amendment 7 #

2017/2136(DEC)

Draft opinion
Paragraph 6
6. Regrets the fairly limited progress made in the completion of the TEN-T strategic networks planned under the European Regional Development Fund and Cohesion Fund; asks the Commission to investigate how problems related to implementation rates and imbalance between Member States could be improved; believes that technical assistance is necessary in order to maximise the added value of these instruments;
2018/01/25
Committee: TRAN
Amendment 10 #

2017/2136(DEC)

Draft opinion
Paragraph 9
9. RegretNotes that the number of financial instruments has increased considerably, creating a complex web of arrangements around the Union budget; is concerned that these instruments alongside the Union budget risks undermining the level of accountability and transparency, as reporting, audit and public scrutiny are not aligned; regrets furthermore that with the use of the EFSI funds, implementation powers are delegated to the EIB with more limited public scrutiny than for other instruments supported by the Union budget;
2018/01/25
Committee: TRAN
Amendment 14 #

2017/2136(DEC)

Draft opinion
Paragraph 11 a (new)
11 a. Recalls that grants remain an essential tool in attracting private financing and in closing the gap between cohesion and other Member States;
2018/01/25
Committee: TRAN
Amendment 20 #

2017/2136(DEC)

Draft opinion
Paragraph 17
17. Deeply regrets that, due to the lack of a specific budget line for tourism, there is a lack of transparency regarding the Union funds used to support actions for tourism; reiterates its request to add a budget line in future budgets of the Union dedicated to tourism;deleted
2018/01/25
Committee: TRAN
Amendment 7 #

2017/2085(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the average age of passenger cars, light-duty vehicles and heavy-duty vehicles in the EU is constantly increasing and is now more than 10 years; whereas the age of a vehicle has a direct bearing on the consequences of, and injuries sustained in, a road accident;
2017/07/17
Committee: TRAN
Amendment 26 #

2017/2085(INI)

Motion for a resolution
Paragraph 1 – introductory part
1. Stresses that Member States should conduct efficient checks on road traffic, as the main causes of accidents, at present as in the past, are inappropriate and excessive speed for the driving conditions, distraction and driving under the influence of alcohol or drugs, and therefore calls on:
2017/07/17
Committee: TRAN
Amendment 45 #

2017/2085(INI)

Motion for a resolution
Paragraph 3
3. Calls on Member States to improve the state of their road infrastructure significantly by maintaining a high level of investment and by means of regular maintenance and innovative measures;
2017/07/17
Committee: TRAN
Amendment 104 #

2017/2085(INI)

Motion for a resolution
Paragraph 8 – point c a (new)
ca) to support developments and innovations which will increase the safety of cars already in use by installing additional devices and sensors that help drivers better monitor the road around them and react in a dangerous situation;
2017/07/17
Committee: TRAN
Amendment 106 #

2017/2085(INI)

Motion for a resolution
Paragraph 8 – point c b (new)
cb) to introduce a pricing policy which will encourage consumers to choose vehicles equipped with safety and driver- assistence systems;
2017/07/17
Committee: TRAN
Amendment 128 #

2017/2085(INI)

Motion for a resolution
Paragraph 13
13. Calls for incentives for measures to promote road safety based on insurance or taxation aspects, such as the installation of additional safety-relevant driver assistance systems in new and used cars, or driver training;
2017/07/17
Committee: TRAN
Amendment 161 #

2017/2085(INI)

Motion for a resolution
Paragraph 18
18. Calls for the compulsory installation of overridable intelligent assistants to indicate speed limits, and recognise road signs; calls on Member States to ensure that road signs are kept in excellent condition, and that road markings are clearly legible;
2017/07/17
Committee: TRAN
Amendment 177 #

2017/2085(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Calls on the Commission to step up efforts to develop specific manufacturing standards improving the area of direct visibility around vehicles for the drivers of heavy-duty and light-duty vehicles;
2017/07/17
Committee: TRAN
Amendment 183 #

2017/2085(INI)

Motion for a resolution
Paragraph 21
21. Stresses that devices to operate alcohol-sensitive immobilisers and systems to recognise the state of the driver should be provided, and recommends the use of alcohol interlocks for drivers who have been convicted of drunk driving, as a rehabilitation measure; stresses that the installation of these systems should be obligatory in cars driven by persons who have been found guilty of causing a fatal traffic accident under the influence of alcohol;
2017/07/17
Committee: TRAN
Amendment 193 #

2017/2085(INI)

Motion for a resolution
Paragraph 22
22. Observes that tyre pressure has significant implications for road safety and fuel consumption, and calls therefore on the Commission to make it compulsory to install tyre pressure monitoring systemssystems for monitoring the pressure of each tyre separately, which should come with a safety net that should be able to recognise and alert drivers at least to a critical air pressure of less than 1.5 bar;
2017/07/17
Committee: TRAN
Amendment 10 #

2017/2067(INI)

Motion for a resolution
Citation 4 a (new)
- having regard to the ITRE Committee report on internet connectivity for growth, competitiveness and cohesion:European gigabit society and 5G (2016/2305(INI))
2017/11/27
Committee: TRAN
Amendment 81 #

2017/2067(INI)

Motion for a resolution
Paragraph 11
11. Urges all Member States to join the C-Roads Platform, as it is intended to play a significant role in implementing the Strategy, on the condition that the principle of technological neutrality is complied with;
2017/11/27
Committee: TRAN
Amendment 105 #

2017/2067(INI)

Motion for a resolution
Paragraph 12
12. Draws attention to the importance of privacy and data protection of C-ITS data, which should be used for C-ITS purposes only and not be retained or used for other endsin full compliance with the General Data Protection Regulation; stresses that smart cars should comply fully with the General Data Protection Regulation (GDPR), and C-ITS service providers must offer clear terms and conditions to drivers, enabling them to give their freely informed consent to any processing of their personal data;
2017/11/27
Committee: TRAN
Amendment 120 #

2017/2067(INI)

Motion for a resolution
Paragraph 15
15. Believes that the hybrid communication approach, combining complementary communication technologies is the correct approachechnological neutrality is the correct approach in the planning of ITS development, and that the most promising hybrid communication mix appears to be a combination of the European Telecommunications Standards Institute’s ETSI ITS-G5, direct communication in the 5.9GHz C-ITS spectrum and existing cellular networks (C-V2X), which will ensure the best possible support for deployment of the basic C-ITS services whilst retaining all the additional possibilities the development of 5G standards could bring in the future;
2017/11/27
Committee: TRAN
Amendment 129 #

2017/2067(INI)

Motion for a resolution
Paragraph 16
16. Takes note of the mention of the link between connected cars and the European satellite navigation systems, EGNOS and GALILEO, and underlines that vehicles’ capacity to communicate with 5G and satellite navigation systems can be included in the hybrid communication mix at a later stagein the future, according to the Commission's 5G for Europe Action Plan;
2017/11/27
Committee: TRAN
Amendment 160 #

2017/2067(INI)

Motion for a resolution
Paragraph 20
20. Recommends that the Commission rapidly establishbegin work on an adequate legal framework to achieve EU-wide interoperability on time; calls onhat will make it possible to achieve the coexistence of different technological solutions across the EU on time; encourages the Commission to publish a legislative proposal on access to in-vehicle data and resources no later than September 2018generated by intelligent transport systems; recommends that this proposal should guarantee a level playing field for non- monetised access to in-vehicle data for all third-parties in order to protect consumer rights, promote innovation and ensure fair competition on this market, taking into account the conclusions of the Commission’s study on access to in- vehicle data and resources;
2017/11/27
Committee: TRAN
Amendment 23 #

2017/2023(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas illicit trafficking in cultural goods plundered during the armed conflicts and wars in Libya, Syria and Iraq is an important source of funding for the activities of terrorist organisations;
2018/11/09
Committee: JURI
Amendment 25 #

2017/2023(INI)

Motion for a resolution
Recital C
C. whereas the Washington Conference Principles on Nazi-Cart confiscated Artby Nazi Germany and its allies, the Vilnius Forum and the Terezin Declaration on Holocaust Era Assets and Related Issues have all emphasised the importance of providing restitution for individual immovable property; whereas the number of artworks that have been restituted since the Washington Conference is perhaps 1 000 to 2 0008; whereas there is no complete list of artworks restituted in recent years; _________________ 8 According to the Claims Conference- WJRO Looted Art and Cultural Property Initiative.
2018/11/09
Committee: JURI
Amendment 27 #

2017/2023(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas the Soviet Union, both during and after the Second World War, authorised the plundering of works of art and cultural goods belonging to private individuals, state and local government institutions and religious associations in Central and Eastern European countries; whereas a significant proportion of these cultural goods continue to be illegally held by the Russian Federation, which is hindering searches for stolen works of art and their restitution to their rightful owners or their heirs;
2018/11/09
Committee: JURI
Amendment 33 #

2017/2023(INI)

Motion for a resolution
Recital F
F. whereas no EU legislation exists that explicitly and comprehensively governs restitution claims for works of art and cultural goods looted in armed conflicts by private individuals, state and local government institutions and religious associations;
2018/11/09
Committee: JURI
Amendment 48 #

2017/2023(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the recognition by some Member States that the unique problems associated with the restitution claims of works of art and cultural goods looted in armed conflicts and wars need to be addressed in order to arrive at legal solutions ensuring the property rights of private individuals, state and local government institutions and religious associations unfairly dispossessed of their works of art during an armed conflicts ofr wars;
2018/11/09
Committee: JURI
Amendment 68 #

2017/2023(INI)

Motion for a resolution
Paragraph 7
7. Considers that care should obviously be taken to create a comprehensive listing of all cultural objects, belonging both to Jewish- owned cultural objects plundered by the Nazis and their alliesrs and to people of other nationalities, plundered by Nazi Germany and its allies, as well as by the USSR, from the time of their spoliation to the present day; urges the Commission to support a cataloguing system, to be used also by public entitiestate and local government institutions, religious associations and private art collections, to gather data on the situation of looted cultural goods and the exact status of existing claims;
2018/11/09
Committee: JURI
Amendment 74 #

2017/2023(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Notes that the issue of cultural and artistic works stolen by the USSR during and after the Second World War in the countries of Central and Eastern Europe is often overlooked in the development of international regulations on cross-border claims for the return of works of art and cultural goods stolen during armed conflicts and wars;
2018/11/09
Committee: JURI
Amendment 81 #

2017/2023(INI)

Motion for a resolution
Paragraph 9
9. Notes that statutes of limitation often create difficulties for claimants in restitution matters; calls on the Commission to assess the issue and strike the right balance for the limitation period applicable to Nazi-looted art restitution claims relating to art stolen by Nazi Germany and its allies, as well as by the USSR, which should take into account both the protection of the interests of the victims of looting and theft and those of the market, as well as the principle of legal certainty and the protection of the cultural heritage of the Member States; considers that the US Holocaust Expropriated Art Recovery Act could serve as an example;
2018/11/09
Committee: JURI
Amendment 88 #

2017/2023(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Calls on the Commission to take action to stop the authorities of the Russian Federation and its cultural institutions from illegally exporting from the occupied territory of Ukraine and the illegally annexed Crimea exhibits that are part of Ukraine's cultural heritage, in clear violation of international instruments, including the Convention on the Law and Customs of War, the Convention for the Protection of Cultural Property in the Event of Armed Conflict, the Convention on measures to prohibit and prevent the unlawful import, export and transfer of cultural property, the Convention for the Protection of the World Cultural and Natural Heritage and UN Security Council Resolution 2347;
2018/11/09
Committee: JURI
Amendment 90 #

2017/2023(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission to develop common principles on access to public or private archives containing information on property identification and location and tying together existing databases of information about title to disputed properties, so that the claims of private individuals, state and local authorities and religious associations are regulated in the same way;
2018/11/09
Committee: JURI
Amendment 95 #

2017/2023(INI)

Motion for a resolution
Paragraph 12
12. Calls on the Commission to identify common principles on how ownership or title are established as well as rules on prescription and standards of proof and the concept of looting and art, taking into consideration the relevant rules in force in the Member States;
2018/11/09
Committee: JURI
Amendment 37 #

2017/2003(INI)

Draft opinion
Paragraph 2
2. Notes that the Member States’ response to the development of collaborative business models has so far been very fragmented; welcomes in this regard the Commission communication on a European agenda for the collaborative economy, but regrets that it fails to establish an explicit harmonised legal framework for the collaborative economy that provides much needed legal guidance and policy orientation to public authorities, market operators and citizens;
2017/03/09
Committee: TRAN
Amendment 65 #

2017/2003(INI)

Draft opinion
Paragraph 3
3. Stresses that, in the context of the collaborative economy, issues related to consumer protection, liability allocation, insurance schemes, social protection of workers (whether they are employed or self-employed) and data protection are the most urgent ones, and expects a regulatory intervthat deserve closer attention inof thate regardulators; emphasises that any regulatory framework should create a level playing field, foster innovations and contribute to the overall development and fulfilment of the EU transport policy goals, such as transport decarbonisationsustainability , territorial cohesion, affordability, accessibility and safety;
2017/03/09
Committee: TRAN
Amendment 114 #

2017/2003(INI)

Draft opinion
Paragraph 5
5. Urges the need to clearly distinguish between legitimate ride-sharing and the provision of commercial transporting services (i.e. 'non- professional' vs 'professional' service provision) in EU terminology, and urgif needed invites the Commission to come up with proposals to adapt Union legislation accordingly; considers the monetary threshold to be one advisable way to make this distinction;
2017/03/09
Committee: TRAN
Amendment 69 #

2017/0290(COD)

Proposal for a directive
Recital 7 a (new)
(7a) Applying the provisions of Directive 96/71/EC1a to the road sections of combined transport could constitute an unnecessary and costly administrative barrier for undertakings in the road haulage market operating combined transport in other Member States. It could lead to restrictions on goods trade between Member States and an increase in the prices of goods and transport services, and significantly disrupt the process of building a Single European Transport Area in line with the 2011 Transport White Paper. _________________ 1aDirective 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).
2018/05/18
Committee: TRAN
Amendment 117 #

2017/0290(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 92/106/EEC
Article 1 – paragraph 2 – subparagraph 2
Non-road legs using inland waterway or maritime transport for which there is no equivalent road transport alternative or which are unavoidable in a commercially viable transport operation, shall not be taken into consideration for the purposes of the combined transport operations.deleted
2018/05/18
Committee: TRAN
Amendment 130 #

2017/0290(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 1 – point a
(a) 15200 km in distance as the crow flies;
2018/05/18
Committee: TRAN
Amendment 140 #

2017/0290(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 92/106/EEC
Article 1 – paragraph 3 – point b
(b) 2015% of the distance as the crow flies between the loading point for the initial leg and the unloading point for the final leg, when it amounts to more than the distance referred to in point (a).
2018/05/18
Committee: TRAN
Amendment 158 #

2017/0290(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 92/106/EEC
Article 3 – paragraph 1
1. Member States shall ensure that road transport is considered forming part of a combined transport operation covered by this Directive only if the carrier can produce clear evidence that such road transport constitutes a road leg of a combined transport operation, including the transport of empty load units before and after the transport of goods.
2018/05/18
Committee: TRAN
Amendment 215 #

2017/0290(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Directive 92/106/EEC
Article 4 a (new)
(3a) The following Article is inserted: "Article 4a Member States shall not apply Directive 96/71/EC and Directive 2014/67/EU to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of Directive 2006/22/EC, when performing the road haulage leg of combined transport as referred to in Article 4 of this Directive."
2018/05/18
Committee: TRAN
Amendment 96 #

2017/0237(COD)

Proposal for a regulation
Recital 13
(13) The increasing popularity of cycling across the Union has implications for overall mobility and tourism. An increase in the use of both railways and cycling in the modal split reduces the environmental impact of transport. Therefore, railway undertakings should facilitate the combination of cycling and train journeys as much as possible, in particular by allowing the carriage of bicycles on board trainwhere possible, and in accordance with operational and safety requirements.
2018/04/03
Committee: TRAN
Amendment 162 #

2017/0237(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point a
(a) urban, suburban and regional rail passenger services as referred to in Directive 2012/34/EU, except cross-border services within the Union;.
2018/04/03
Committee: TRAN
Amendment 174 #

2017/0237(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point b
(b) international rail passenger services of which a significant part, including at least one scheduled station stop, is operated outside the Union, provided that passengers’ rights are adequately ensured under relevant national law on the territory of the Member State granting the exemption.
2018/04/03
Committee: TRAN
Amendment 176 #

2017/0237(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point b a (new)
(ba) domestic rail passenger services where such exemption was granted under Regulation (EC) No 1371/2007 for a period no longer than until 3 December 2024.
2018/04/03
Committee: TRAN
Amendment 189 #

2017/0237(COD)

Proposal for a regulation
Article 2 – paragraph 4
4. Articles 5, 10, 11 and 25 and Chapter V shall, 20, 21(1) and 25 apply to all rail passenger services referred to in paragraph 1, including services exempted in accordance with points (a) and (b) of paragraph 2.
2018/04/03
Committee: TRAN
Amendment 209 #

2017/0237(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 13
(13) ‘delay’ means the time difference between the time the passenger was scheduled to arrive in accordance with the published timetable and the time of his or harrival scheduled in the timetable and real-time arrival at destination. In case of delays which are announced to passengers actual or expected arrival at the final station of destination ;t least two weeks in advance of the train departure the passengers are not entitled to compensation in accordance with article 17.
2018/04/03
Committee: TRAN
Amendment 224 #

2017/0237(COD)

Proposal for a regulation
Article 6 – paragraph 1
Passengers shall be entitled to take bicycles on board the train, where appropriate for a reasonable fee. They shall keep their bicycles under supervision during the journey and ensure that no inconvenience or damage is caused to other passengers, mobility equipment, luggage or rail operations. The carriage of bicycles may be refused or restricted for safety or operational reasons, provided that railway undertakings, ticket vendors, tour operators and, where appropriate, station managers inform passengers of the conditions for such a refusal or restriction in accordance with Regulation (EU) No 454/2011.
2018/04/03
Committee: TRAN
Amendment 238 #

2017/0237(COD)

Proposal for a regulation
Article 8 – paragraph 1
Railway undertakings or, where appropriate, competent authorities responsible for a public service railway contract shall make public by appropriate means, including in accessible formats for persons with disabilities in accordance with accessibility requirements laid down in Directive XXX31 Regulation 1300/2014, and before their implementation, decisions to discontinue services either permanently or temporarily. _________________ 31Directive XXX on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services (European Accessibility Act) (OJ L X, X.X.XXXX, p. X).
2018/04/03
Committee: TRAN
Amendment 268 #

2017/0237(COD)

Proposal for a regulation
Article 9 – paragraph 3
3. The information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by using up-to-date communication technologies . Particular attention shall be paid to ensuring that this information is accessible to persons with disabilities in accordance with the accessibility requirements laid down in Directive XXXRegulation 1300/2014 and Regulation 454/2011 .
2018/04/03
Committee: TRAN
Amendment 335 #

2017/0237(COD)

Proposal for a regulation
Article 10 – paragraph 6
6. Where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings, his rights to information, assistance, care e or she shall be considered as having as mandy compensation shall be equivalent to those under a through-ticket and coventracts of transport as tickets, if he or tshe whole journey from the departure to the final destination, unless the passas informed of such fact, through the applicable genger is explicitly informed otherwise in writing. Such information shall in particular state that when the passenger misses a connection, he or she would not be entitled to assistance or compensation basedal conditions of transport or any other adequate means as chosen by the carrier, and if he or she was made aware by the carrier or by the ticket vendor or the tour operator on behalf onf the total length of the journey. The burden of proof that the information was provided shall lie with the railway undertaking, its agent, tour operator or ticket vendorcarrier, of the concrete consequences regarding his rights to information, assistance and compensation in case of a delay.
2018/04/03
Committee: TRAN
Amendment 359 #

2017/0237(COD)

Proposal for a regulation
Article 17 – paragraph 1 – introductory part
1. Without losing the right of transport, a passenger may request compensation for delays from the railway undertaking if he or she is facing a delay between the places of departure and destination stated ion the ticket or tickets representing single transport contract for which the cost of the ticket has not been reimbursed in accordance with Article 16. The minimum compensations for delays shall be as follows:
2018/04/03
Committee: TRAN
Amendment 404 #

2017/0237(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. The compensation of the ticket price shall be paid within one month after the submission of the request for compensation. The compensation may be paid in vouchers and/or other services if the terms are flexible (in particular regarding the validity period and destination). The compensation shall be paid in money at the request of the passenger. The complaint procedure is governed by Article 28 of this Regulation.
2018/04/03
Committee: TRAN
Amendment 467 #

2017/0237(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. Upon request, a station manager, a railway undertaking, a ticket vendor or a tour operator shall provide persons with disabilities and persons with reduced mobility with information, including in accessible formats in accordance with the accessibility requirements laid down in Regulation (EU) No 454/2011 and Directive XXXRegulation 1300/2014, on the accessibility of the station and associated facilities, rail services and on the access conditions of rolling stock in accordance with the access rules referred to in Article 20(1) and shall inform persons with disabilities and persons with reduced mobility about facilities on board.
2018/04/03
Committee: TRAN
Amendment 476 #

2017/0237(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. On departure from, transit through or arrival at, a staffed railway station of a person with disabilities or a person with reduced mobility, the station manager or the railway undertaking or both shall provide assistance free of charge in such a way that that person is able to board the departing service, or to disembark from the arriving service for which he or she purchased a ticket, without prejudice to the access rules referred to in Article 20(1). The booking of assistance shall always be done without extra costs, irrespective of the communication channel being used
2018/04/03
Committee: TRAN
Amendment 488 #

2017/0237(COD)

Proposal for a regulation
Article 22 – paragraph 2 a (new)
2a. Member States may provide for a derogation from paragraph 1 in the case of persons travelling on services which are the subject of a public service contract awarded in conformity with Community law, on condition that the competent authority has put in place alternative facilities or arrangements guaranteeing an equivalent or higher level of accessibility of transport services.
2018/04/03
Committee: TRAN
Amendment 492 #

2017/0237(COD)

Proposal for a regulation
Article 22 – paragraph 3
3. In unstaffed stations, railway undertakings and station managers shall ensure that easily available information, including in accessible formats in accordance with the accessibility requirements laid down in Directive XXXRegulation 1300/2014, is displayed in accordance with the access rules referred to in Article 20(1) regarding the nearest staffed stations and directly available assistance for persons with disabilities and persons with reduced mobility.
2018/04/03
Committee: TRAN
Amendment 513 #

2017/0237(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point a
(a) assistance in staffed stations shall be provided on condition that the railway undertaking, the station manager, the ticket vendor or the tour operator with which the ticket was purchased is notified of the person’s need for such assistance at least 48 hours before the assistance is needed. Where a ticket or season ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided. Such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey; Member States shall identify priority stations where the above-mentioned notification period can be reduced to 24 hours.
2018/04/03
Committee: TRAN
Amendment 585 #

2017/0237(COD)

Proposal for a regulation
Article 30 – paragraph 1
1. When selling tickets for journeys by rail, railway undertakings, station managers, ticket vendors and tour operators shall inform passengers of their rights and obligations under this Regulation. In order to comply with this information requirement, they may use a summary of the provisions of this Regulation prepared by the Commission in all official languages of the Union and made available to them. In addition, they shall provide a notice on the ticketinformation, in either paper or electronic format or by any other means, including in accessible formats for persons with disabilities and persons with reduced mobility in accordance with the requirements laid down in Directive XXX. That notice shallRegulation 1300/2014 that specifyies where such information can be obtained in the event of cancellation, missed connection or long delay.
2018/04/03
Committee: TRAN
Amendment 587 #

2017/0237(COD)

Proposal for a regulation
Article 30 – paragraph 2
2. Railway undertakings and station managers shall inform passengers in an appropriate manner, including in accessible formats in accordance with the accessibility requirements in Directive XXXRegulation 1300/2014, at the station and on the train, of their rights and obligations under this Regulation, and of the contact details of the body or bodies designated by Member States pursuant to Article 31.
2018/04/03
Committee: TRAN
Amendment 603 #

2017/0237(COD)

Proposal for a regulation
Article 40 – paragraph 1
This Regulation shall enter into force on the twentie48 months after the day following thate of its publication in the Official Journal of the European Union.
2018/04/03
Committee: TRAN
Amendment 3 #

2017/0123(COD)

Council position
Recital 8
(8) Regulation (EC) No 1071/2009 requires undertakings to conduct effectively and continuously their operations with the appropriate technical equipment and facilities at an operating centre situated in the Member State of establishment, and it allows for additional requirements at national level, the most common of which being a requirement to have parking spaces available in the Member State of establishment. However, those, unevenly applied, requirements have not been sufficient to ensure a genuine link with that Member State in order to efficiently fight letter-box companies and to reduce the risk of systematic cabotage and nomadic drivers organised from an undertaking to which the vehicles do not return. Considering that, in order to ensure the proper functioning of the internal market in the area of transport, specific rules on the right of establishment and the provision of services may be necessary, it is appropriate to further harmonise the establishment requirements and to strengthen the requirements linked to the presence of the vehicles used by the transport operator in the Member State of establishment. Defining a clear minimum interval within which the vehicle has to return also contributes to ensuring that those vehicles can be correctly maintained with the technical equipment situated in the Member State of establishment and facilitates controls. The cycle for such returns should be synchronised with the obligation on the transport undertaking in Regulation (EC) No 561/2006 of the European Parliament and of the Council6 to organise its operations in a manner that enables the driver to return home at least every four weeks, so that both obligations can be fulfilled through the return of the driver together with the vehicle at least every second four week cycle. This synchronisation strengthens the right of the driver to return and reduces the risk that the vehicle has to return only to fulfil this new establishment requirement. However, the requirement to return to the Member State of establishment should not require a specific number of operations to be conducted in the Member State of establishment or otherwise limit the operators possibility to provide services throughout the internal market. _____________________________ 6 the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).Regulation (EC) No 561/2006 of
2020/05/13
Committee: TRAN
Amendment 5 #

2017/0123(COD)

Council position
Recital 21
(21) Cabotage operations should help to increase the load factor of heavy duty vehicles and reduce empty runs, and should be allowed as long as they are not carried out in a way that creates a permanent or continuous activity within the Member State concerned. To ensure that cabotage operations are not carried out in a way that creates a permanent or continuous activity, hauliers should not be allowed to carry out cabotage operations in the same Member State within a certain time after the end of a period of cabotage operations.deleted
2020/05/13
Committee: TRAN
Amendment 8 #

2017/0123(COD)

Council position
Recital 22
(22) While the further liberalisation established by Article 4 of Council Directive 92/106/EEC9 , compared to cabotage under Regulation (EC) No 1072/2009, has been beneficial in promoting combined transport and should, in principle, be retained, it is necessary to ensure that it is not misused. Experience shows that, in certain parts of the Union, that provision has been used in a systematic manner to circumvent the temporary nature of cabotage and as the basis for the continuous presence of vehicles in a Member State other than that of the establishment of the undertaking. Such unfair practices risk leading to social dumping and jeopardise respect of the legal framework relating to cabotage. It should therefore be possible for Member States to derogate from Article 4 of Directive 92/106/EEC and to apply the provisions relating to cabotage in Regulation (EC) No 1072/2009 in order to address such problems by introducing a proportionate limit to the continuous presence of vehicles within their territory. __________________ 9Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States (OJ L 368, 17.12.1992, p. 38).deleted
2020/05/13
Committee: TRAN
Amendment 11 #

2017/0123(COD)

Council position
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1071/2009
Article 5 – paragraph 1 – point b
(b) organise its vehicle fleet's activity in such a way as to ensure that vehicles that are at the disposal of the undertaking and are used in international carriage return to one of the operational centres in that Member State at least within eight weeks after leaving it;deleted
2020/05/13
Committee: TRAN
Amendment 14 #

2017/0123(COD)

Council position
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1071/2009
Article 5 – paragraph 1 – point g
(g) on an ongoing basis, have at its regular disposal a number of vehicles that complying with the conditions laid down in point (e) and employ drivers who are normally based at anbased on the law applicable to operational centre inof that Member State, in both casese undertaking, proportionate to the volume of transport operations carried out by the undertaking.
2020/05/13
Committee: TRAN
Amendment 20 #

2017/0123(COD)

Council position
Article 2 – paragraph 1 – point 4 – point a a (new)
Regulation (EC) No 1072/2009
Article 8 – paragraph 2 b (new)
(aa) the following paragraph is inserted: '2b. Hauliers are not allowed to carry out cabotage operations with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, in the same Member State within 48 hours following the end of its cabotage operation in that Member State.';
2020/05/13
Committee: TRAN
Amendment 24 #

2017/0123(COD)

Council position
Article 2 – paragraph 1 – point 4 – point b
Regulation (EC) No 1072/2009
Article 8 – paragraph 3 – subparagraph 1
National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage and of each consecutive cabotage operation carried out. In the event that the vehicle has been in the territory of the host Member State within the period of four days preceding the international carriage, the haulier shall also produce clear evidence of all operations that were carried out during that period.;
2020/05/13
Committee: TRAN
Amendment 26 #

2017/0123(COD)

Council position
Article 2 – paragraph 1 – point 5 – point b
(b) the following paragraph is added: '7. this Article and by way of derogation from Article 4 of Directive 92/106/EEC, Member States may, where necessary to avoid misuse of the latter provision through the provision of unlimited and continuous services consisting in initial or final road legs within a host Member State that form part of combined transport operations between Member States, provide that Article 8 of this Regulation apply to hauliers when they carry out such initial and/or final road haulage legs within that Member State. With regard to such road haulage legs, Member States may provide for a longer period than the seven-day period provided for in Article 8(2) of this Regulation and may provide for a shorter period than the four-day period provided for in Article 8(2a) of this Regulation. The application of Article 8(4) of this Regulation to such transport operations shall be without prejudice to requirements following from Directive 92/106/EEC. Member States making use of the derogation provided for in this paragraph shall notify the Commission thereof before applying their relevant national measures. They shall review those measures at least every five years and shall notify the results of that review to the Commission. They shall make the rules, including the length of the respective periods, publically available in a transparent manner.';deleted In addition to paragraphs 1 to 6 of
2020/05/13
Committee: TRAN
Amendment 29 #

2017/0123(COD)

Council position
Article 4 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union[insert date 18 month after that of its publication in the Official Journal of the European Union]. By .... [OJ: 4 months after that of its publication in the Official Journal of the European Union] the Commission shall present a proper impact assessment regarding the impact of this Regulation on actual economic situation of the EU road haulage market and drivers' health safety situation, and, where appropriate, propose amendments to this Regulation taking into account the new market situation of the sector.
2020/05/13
Committee: TRAN
Amendment 139 #

2017/0123(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i
Regulation (EC) No 1071/2009
Article 1 – paragraph 4 – point a
(i) point (a) is deleted;
2018/02/23
Committee: TRAN
Amendment 146 #

2017/0123(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii
Regulation (EC) No 1071/2009
Article 6 – paragraph 1
(xi) the posting of workers;deleted
2018/02/01
Committee: EMPL
Amendment 157 #

2017/0123(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Regulation (EC) No 1071/2009
Article 6 – paragraph 2 a
(b) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries and to distort competition in the road transport market, including by undermining the working conditions of transport workers;
2018/02/01
Committee: EMPL
Amendment 161 #

2017/0123(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 1071/2009
Article 7 – paragraph 1 - subparagraph 1
(a) in paragraph 1, the first subparagraph is replaced by the following: ‘ In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal equity capital totalling at least EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle used.; ’deleted
2018/02/01
Committee: EMPL
Amendment 184 #

2017/0123(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i
Regulation (EC) No 1071/2009
Article 16 – paragraph 2
(i) the total assets, liabilities, equity and turnover during the last two years;deleted
2018/02/01
Committee: EMPL
Amendment 216 #

2017/0123(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point i
Regulation (EC) No 1071/2009
Article 6 – paragraph 1– subparagraph 2
In determining whether an undertaking has satisfied that requirement, Member States shall consider the conduct of the undertaking, its transport managers, executive directors, general partners in the case of partnerships, other legal representatives and any other relevant person as may be determined by the Member State. Any reference in this Article to convictions, penalties or infringements shall include convictions, penalties or infringements of the undertaking itself, its transport managers, executive directors, general partners in the case of partnerships, other legal representatives and any other relevant person as may be determined by the Member State.;deleted
2018/02/23
Committee: TRAN
Amendment 223 #

2017/0123(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii
Regulation (EC) No 1071/2009
Article 6 – paragraph 1 – point b – point xi
(xi) the posting of workers;deleted
2018/02/23
Committee: TRAN
Amendment 230 #

2017/0123(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 57 days from the last unloading in the host Member State in the course of the incoming international carriage;
2018/02/01
Committee: EMPL
Amendment 239 #

2017/0123(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Regulation (EC) No 1071/2009
Article 6 – paragraph 2 a – point b
(b) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries and to distort competition in the road transport market, including by undermining the working conditions of transport workers;
2018/02/23
Committee: TRAN
Amendment 245 #

2017/0123(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 1071/2009
Article 7 – paragraph 1
(a) in paragraph 1, the first subparagraph is replaced by the following: ‘In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal equity capital totalling at least EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle used.;’deleted
2018/02/23
Committee: TRAN
Amendment 253 #

2017/0123(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 7
Regulation (EC) No 1072/2009
Article 10 a
(7) the following Article 10a is inserted: ‘ Article 10a Checks 1. checks in such a way that, as from 1 January 2020, in every calendar year at least 2 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 3 % from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat. 2. undertakings which are classed as posing an increased risk of infringing the provisions of the present Chapter, applicable to them. For that purpose,deleted Each Member States shall, within the risk classification system established by them under Article 9 of Directive 2006/22/EC of the European Parliament and of the Council*** and extended in accordance with Article 12 of Regulation (EC) No 1071/2009 of the European Parliament and of the Council,****treat the risk of such infringements as a risk in its own right. 3. Member States shall, at least three times per year, undertake concerted roadside checks on cabotage operations. Such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of road transport of two or more Member States, each operating in its own territory. The national contact points designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council**** shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place. ______________________ *** Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities (OJ L 102, 11.4.2006, p. 35). ****Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51).; organise Member States shall target those
2018/02/01
Committee: EMPL
Amendment 266 #

2017/0123(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8
Regulation (EC) No 1072/2009
Article 14
Article 14adeleted
2018/02/01
Committee: EMPL
Amendment 267 #

2017/0123(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8
Regulation (EC) No 1072/2009
Article 14
Liabilitydeleted
2018/02/01
Committee: EMPL
Amendment 268 #

2017/0123(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8
Regulation (EC) No 1072/2009
Article 14
Member States shall provide for sanctions against consignors, freight forwarders, contractors and subcontractors for non- compliance with Chapters II and III, where they knowingly commission transport services which involve infringements of this Regulation.deleted
2018/02/01
Committee: EMPL
Amendment 284 #

2017/0123(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point i
(i) the total assets, liabilities, equity and turnover during the last two years;deleted
2018/02/23
Committee: TRAN
Amendment 291 #

2017/0123(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point ii
Regulation (EC) No 1071/2009
Article 16– paragraph 2 – subparagraph 2
Member States may choose to keep the data referred to in points (e) to (j) of the first subparagraph in separate registers. In such a case, the relevant data shall be available upon request or directly accessible to all the competent authorities of the Member State in question. The requested information shall be provided within fivethirty working days of receipt of the request. The data referred to in points (a) to (d) of the first subparagraph shall be publicly accessible, in line with the relevant provisions on personal data protection.
2018/02/23
Committee: TRAN
Amendment 385 #

2017/0123(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 57 days following the first day from the last unloading in the host Member State in the course of the incoming international carriage.;
2018/02/23
Committee: TRAN
Amendment 431 #

2017/0123(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 7
Regulation (EC) No 1072/2009
Article 10a
(7) the following Article 10a is inserted: ‘Article 10a Checks 1. Each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 2 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 3 % from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat. 2. Member States shall target those undertakings which are classed as posing an increased risk of infringing the provisions of the present Chapter, applicable to them. For that purpose, Member States shall, within the risk classification system established by them under Article 9 of Directive 2006/22/EC of the European Parliament and of the Council*** and extended in accordance with Article 12 of Regulation (EC) No 1071/2009 of the European Parliament and of the Council,****treat the risk of such infringements as a risk in its own right. 3. Member States shall, at least three times per year, undertake concerted roadside checks on cabotage operations. Such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of road transport of two or more Member States, each operating in its own territory. The national contact points designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council**** shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place. ______________________ *** Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities (OJ L 102, 11.4.2006, p. 35). ****Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51).;’deleted
2018/02/23
Committee: TRAN
Amendment 441 #

2017/0123(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8
Regulation (EC) No 1072/2009
Article 14 a
Article 14adeleted
2018/02/23
Committee: TRAN
Amendment 442 #

2017/0123(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8
Regulation (EC) No 1072/2009
Article 14 a
Liabilitydeleted
2018/02/23
Committee: TRAN
Amendment 443 #

2017/0123(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8
Regulation (EC) No 1072/2009
Article 14 a
Member States shall provide for sanctions against consignors, freight forwarders, contractors and subcontractors for non- compliance with Chapters II and III, where they knowingly commission transport services which involve infringements of this Regulation.deleted
2018/02/23
Committee: TRAN
Amendment 4 #

2017/0122(COD)

Council position
Recital 15
(15) While in general regular weekly rest periods and longer rest periods canshall not be taken in the vehicle or in a parking area, but only in suitable accommodation, which may be adjacent to a parking area, i, by way of derogation relevant rest periods may be taken in vehicles, provided that the vehicle is parked in certified safe and secure parking area which provides parking places for commercial vehicles and service facilities fulfilling the minimum requirements. It is of utmost importance to enable drivers to locate safe and secure parking areas that provide appropriate levels of security and appropriate facilities. The Commission has already studied how to encourage the development of high- quality parking areas, including the necessary minimum requirements. The Commission should therefore develop standards for safe and secure parking areas. Those standards should contribute to promoting high- quality parking areas. The standards may be revised in order to cater for better access to alternative fuels, in line with policies developing that infrastructure. It is also important that parking areas are being kept free from ice and snow.
2020/05/13
Committee: TRAN
Amendment 6 #

2017/0122(COD)

Council position
Article 1 – paragraph 1 – point 6 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6
6. In any two consecutive weeks a driver shall take at least: (a) two regular weekly rest periods; or (b) one regular weekly rest period and one reduced weekly rest period of at least 24 hours. A weekly rest period shall start no later than at the end of six 24-hour periods from the end of the previous weekly rest period. By way of derogation from the first subparagraph, a driver engaged in international transport of goods may, outside the Member State of establishment, take two consecutive reduced weekly rest periods provided that the driver in any four consecutive weeks takes at least four weekly rest periods, of which at least two shall be regular weekly rest periods. For the purpose of this paragraph, a driver shall be considered to be engaged in international transport where the driver starts the two consecutive reduced weekly rest periods outside the Member State of the employer's establishment and the country of the drivers' place of residence.;deleted
2020/05/13
Committee: TRAN
Amendment 8 #

2017/0122(COD)

Council position
Article 1 – paragraph 1 – point 6 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 – subparagraph 1
8. Where a driver chooses to do this, daily rest periods and reduced weekly rest periods away from base may be taken in a vehicle, as long as it has suitable sleeping facilities for each driver and the vehicle is stationary. The regular weekly rest periods and any weekly rest period of more than 45 hours taken in compensation for previous reduced weekly rest periods shall not be taken in a vehicle. They shall be taken in suitable gender-friendly accommodation with adequate sleeping and sanitary facilities. By way of derogation from the second subparagraph, the regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest may be taken in a vehicle, provided that the vehicle is parked in certified safe and secure parking area which provides parking places for commercial vehicles and service facilities fulfilling the minimum requirements set out in Article 8a . Until [OJ: three years after entry into force] a vehicle may also be parked in a regular parking area which provides basic service facilities. Relevant period might be prolonged by the Commission, by means of delegated act, for additional two years if according to the outcomes of the Commission’s report on the availability of safe and secure parking areas the number of certified safe and secure parking areas across EU would not be sufficient to meet reported needs. Any costs for accommodation outside the vehicle shall be covered by the employer, as well as any fee deriving from the use of safe and secure parking area.
2020/05/13
Committee: TRAN
Amendment 11 #

2017/0122(COD)

Council position
Article 1 – paragraph 1 – point 6 – point d
Regulation (EC) No 561/2006
Article 8 – paragraph 8a – subparagraph 1
8a. Transport undertakings shall organise the work of drivers in such a way that the drivers are able to return to the employer's operational centre where the driver is normally based and where the driver's weekly rest period begins, in the Member State of the employer's establishment, or to return to the drivers' place of residence, or to any other location chosen by the driver, within each period of four consecutive weeks, in order to spend at least one regular weekly rest period or a weekly rest period of more than 45 hours taken in compensation for reduced weekly rest period.
2020/05/13
Committee: TRAN
Amendment 14 #

2017/0122(COD)

Council position
Article 1 – paragraph 1 – point 7
Regulation (EC) No 561/2006
Article 8a – paragraph 4
4. By 31 December 2024,At the latest [OJ: three years after the date of entry into force of this amending Regulation] the Commission shall present a report to the European Parliament and to the Council on the availability of suitable rest facilities for drivers and of secured parking facilities, as well as on the development of safe and secure parking areas certified in accordance with the delegated acts referred to in paragraph 2. That report may list. The report shall in particular cover information on the number and the location of certified safe and secure parking areas, on their capacity and usage, and on the demand for additional places or facilities. Based on this report, the Commission shall propose, if appropriate, measures aiming to increase the number and quality of certified safe and secure parking areas and/or measures to prolong transitional period laid down in the fourth subparagraph of Article 8 paragraph 8 for an additional two years.
2020/05/13
Committee: TRAN
Amendment 16 #

2017/0122(COD)

Council position
Article 3 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union[insert date 18 month after that of its publication in the Official Journal of the European Union]. It shall apply from [insert date 18 month after date of entry into force]. By ... [OJ: 4 months after its publication in the Official Journal of the European Union] the Commission shall present a proper impact assessment regarding the impact of this Regulation on actual economic situation of the EU road haulage market and drivers' health safety situation, and, where appropriate, propose amendments to this Regulation taking into account the new market situation of the sector.
2020/05/13
Committee: TRAN
Amendment 53 #

2017/0122(COD)

Proposal for a regulation
Recital 2
(2) Having evaluated the effectiveness and efficiency of the implementation of the existing set of Union social rules in road transport, and in particular Regulation (EC) No 561/2006 of the European Parliament and of the Council9 , certain deficiencies were identified in the existing legal framework. Unclear and unsuitable rules on weekly rest, resting facilities, breaks in multi-manning and the absence of rules on the return of drivers to their home or to another location chosen by the driver, lead to diverging interpretations and enforcement practices in the Member States. Several Member States recently adopted unilateral measures further increasing legal uncertainty and unequal treatment of drivers and operators. _________________ 9 Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).
2018/02/27
Committee: TRAN
Amendment 83 #

2017/0122(COD)

Proposal for a regulation
Recital 6
(6) Drivers engaged in long-distance international transport operations spend long periods away from their home. The current requirements on the regular weekly rest unnecessarily prolong those periods. It is thus desirable to adapt the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations in compliance with the rules and to reach their home for a regular weekly rest, and be fully compensated for all reduced weekly rest periods. It is also necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively long. Drivers should be able to choose how and where they take their rest periods.
2018/02/27
Committee: TRAN
Amendment 96 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 561/2006
Article 6 – paragraph 3
(2a) in Article 6, paragraph 3 is replaced by the following: “3. The total accumulated driving time during any twofour consecutive weeks shall not exceed 9180 hours.
2018/02/02
Committee: EMPL
Amendment 99 #

2017/0122(COD)

Proposal for a regulation
Recital 7
(7) There are differences among Member States in the interpretation and implementation of the weekly rest requirements as regards the place where the weekly rest should be taken. It is therefore appropriate to clarify that requirementwhere the weekly rest may be taken to ensure that drivers are provided with adequate accommodation for their regular weekly rest periods if they are taken away from homerest conditions.
2018/02/27
Committee: TRAN
Amendment 102 #

2017/0122(COD)

Proposal for a regulation
Recital 7 a (new)
(7a) Adequate resting facilities are crucial for improving drivers working conditions in the sector and maintaining road safety. As rest in the cabin is characteristic for the transport sector and full separation of drivers and their vehicles is not desirable from a security and insurance perspective, drivers should be allowed to take their rest in their vehicle, if the vehicle is equipped with suitable sleeping facilities. Due to current shortage of safe and secure parking areas on European roads, the requirement for drivers to take the 45 hrs weekly rest outside the cabin is not practically implementable, therefore it should be applied only when this shortage is addressed and solved. The revised TEN-T guidelines foresee the development of rest areas on motorways approximately every 100 km to provide parking space for commercial road users with an appropriate level of safety and security and therefore Member States should be encouraged to implement the TEN-T guidelines and sufficiently invest in safe and suitably adapted parking areas.
2018/02/27
Committee: TRAN
Amendment 110 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 1 – point a
(a) four regular weekly rest periods, or
2018/02/02
Committee: EMPL
Amendment 113 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 1 – point b
(b) two regular weekly rest periods of at least 45 hours and two reduced weekly rest periods of at least 24 hours., or
2018/02/02
Committee: EMPL
Amendment 117 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 1 – point b a (new)
(ba) one regular weekly rest period of at least 45 hours and three reduced weekly rest periods of at least 24 hours.
2018/02/02
Committee: EMPL
Amendment 119 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
For the purposes of point (b) and (ba), the reduced weekly rest periods shall be compensated by an equivalent period of rest taken en bloc before the end of the thirdfourth week following the week in question.
2018/02/02
Committee: EMPL
Amendment 137 #

2017/0122(COD)

Proposal for a regulation
Recital 11 a (new)
(11a) To ensure the fair and equal competition between the EU and non-EU carriers from neighbouring countries, it should be possible to control tachographs of all vehicles performing international transport operations between the EU and third countries which are signatories to the AETR Agreement, so it is important that in future smart tachographs are recognized by non-EU AETR Contracting Parties. Therefore, dates of introduction of a smart tachograph should be aligned with the dates when all countries, which are AETR Contracting Parties, have reached an agreement on technical standards and specifications of smart tachographs
2018/02/27
Committee: TRAN
Amendment 146 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home within each period of threesix consecutive weeks.;
2018/02/02
Committee: EMPL
Amendment 206 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 561/2006
Article 6 – paragraph 3
(2a) in Article 6, paragraph 3 is replaced by the following: "3. The total accumulated driving time during any twofour consecutive weeks shall not exceed 9180 hours. (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32006R0561&from=en)" Or. en
2018/02/27
Committee: TRAN
Amendment 255 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 1 – point a
(a) four regular weekly rest periods, or
2018/02/27
Committee: TRAN
Amendment 264 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 1 – point b
(b) two regular weekly rest periods of at least 45 hours and two reduced weekly rest periods of at least 24 hours., or
2018/02/27
Committee: TRAN
Amendment 271 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a (new)
(b a) In Article 8, paragraph 6, the following point shall be added: "one regular weekly rest period of at least 45 hours and three reduced weekly rest periods of at least 24 hours."
2018/02/27
Committee: TRAN
Amendment 278 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 2
For the purposes of point (b) and (ba), the reduced weekly rest periods shall be compensated by an equivalent period of rest taken en bloc before the end of the thirdfourth week following the week in question.
2018/02/27
Committee: TRAN
Amendment 317 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a
8a. The regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not be tamay be taken in a vehicle, if the vehicle is equipped with suitable sleeping facilities for each driver, and the vehicle is parkend in a vehicle. Theysuitable parking area. Otherwise, these rest periods shall be taken in a suitable accommodation, with adequate sleeping and sanitary facilities; , and with appropriate parking spaces for commercial road users with an appropriate level of safety and security; The requirement to take these rest periods outside a vehicle (second subparagraph) shall not apply as long as the revised 2013 TEN-T Guidelines1a which foresee approximately every 100 km appropriate parking space for commercial road users with an appropriate level of safety and security, have not been implemented by Member States. The Commission should encourage Member States to construct parking space with an appropriate level of safety and security, and shall regularly monitor the number of parking areas in the Member States. _________________ 1a REGULATION (EU) No 1315/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 December 2013on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU
2018/02/27
Committee: TRAN
Amendment 343 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a – point b
(b) at home or at another privateanother location chosen by the driver.
2018/02/27
Committee: TRAN
Amendment 354 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home within each period of three consecutive weeks.; or another location chosen by the driver within each period of four consecutive weeks.; The driver shall declare that a regular weekly rest period or a weekly rest of more than 45 hours taken for compensation for a reduced weekly rest, has been taken in a location of driver’s choice. The declaration shall be kept at the premises of undertaking.
2018/02/27
Committee: TRAN
Amendment 404 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EC) 561 /2006
Article 12 – paragraph 2
Provided that road safety is not thereby jeopardised, the driver may depart from Article 8(2) and the second subparagraph of Article 8(6) to be able to reach a suitable accommodation as referred to in Article 8(8a) to take a daily or weekly rest there. Such a departure shall not result in exceeding daily or weekly driving times or shortening daily or weekly rest periods. The driver shall indicate the reason for such departure manually on the record sheet of the recording equipment or on a printout from the recording equipment or in the duty roster, at the latest on arrival at the suitable accommodation.deleted
2018/02/27
Committee: TRAN
Amendment 476 #

2017/0122(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
Regulation (EU) No 165/2014
Article 37 – paragraph 7 – subparagraph 1
7. The driver shall enter in the digital tachograph the symbols of the countries in which the daily working period started and finished as well as where and when the driver has. The driver shall also enter the symbol of the country that the driver enters after crosseding a border in the vehicle on arrival at the suitable stopping placeof a Member State at the beginning of the driver's first planned stop in that member State. That stop is to be understood as the break or rest planned in accordance with Regulation (EC) Nr 561/2006 or any other stop for the needs of the driver or the transport operation. Member States may require drivers of vehicles engaged in transport operations inside their territory to add more detailed geographic specifications to the country symbol, provided that those Member States have notified those detailed geographic specifications to the Commission before 1 April 1998..
2018/02/27
Committee: TRAN
Amendment 2 #

2017/0121(COD)

Council position
Recital 11 a (new)
(11 a) In order to ensure efficient use of transport resources, take into account the operational realities and reduce the number of empty runs, which is an important element in achieving the objectives of the Paris agreement in relation to the reduction of CO2 emissions, a limited number of additional transport activities should be possible without triggering the posting rules. Such activities consist of operations performed during a period in the course of or following a bilateral international transport operation from the Member State of establishment and before the return journey to the Member State of establishment.
2020/05/15
Committee: TRAN
Amendment 4 #

2017/0121(COD)

Council position
Recital 12
(12) When a driver is engaged in a combined transport operation, the nature of the service provided during the initial or final road leg is closely linked with the Member State of establishment if the road leg on its own is a bilateral transport operation. By contrast, when the transport operation during the road leg is carried out within the host Member State or as a non-bilateral international transport operation, there is a sufficient link with the territory of a host Member State and therefore the posting rules should apply.
2020/05/15
Committee: TRAN
Amendment 5 #

2017/0121(COD)

Council position
Recital 13
(13) Where a driver performs other types of operations, notably cabotage operations or non-bilateral international transport operations, there is a sufficient link to the territory of the host Member State. The link exists in case of cabotage operations as defined by Regulations (EC) No 1072/20096 and (EC) No 1073/20097 of the European Parliament and of the Council since the entire transport operation takes place in a host Member State and the service is thus closely linked to the territory of the host Member State. A non- bilateral international transport operation is characterised by the fact that the driver is engaged in international carriage outside of the Member State of establishment of the undertaking making the posting. The services performed are therefore linked with the host Member States concerned rather than with the Member State of establishment. In those cases, sector- specific rules are only required with regard to the administrative requirements and control measures. Nevertheless, until negotiations between the Union and relevant third countries as regards the application of rules equivalent to those laid down in this Directive will be concluded, certain number of cross-trade operations should be exempted from posting rules. _________________ 6Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 7Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p. 88).
2020/05/15
Committee: TRAN
Amendment 7 #

2017/0121(COD)

Council position
Recital 15
(15) Union operators face growing competition from operators based in third countries. It is therefore of the utmost importance to ensure that Union operators are not discriminated against. According to Article 1(4) of Directive 96/71/EC, undertakings established in a non-member State must not be given more favourable treatment than undertakings established in a Member State. That principle should also apply with regard to the specific rules on posting provided for in this Directive. It should, in particular, apply when third country operators perform transport operations under bilateral or multilateral agreements granting access to the Union marketTherefore, taking into account the fact that the Union has already exercised its competence and adopted common specific rules on posting of drivers, it should begin negotiations with the relevant third countries with a view to the application of rules equivalent to those laid down in this Directive.
2020/05/15
Committee: TRAN
Amendment 11 #

2017/0121(COD)

Council position
Article 1 – paragraph 3 – subparagraph 1
For the purpose of this Directive, a bilateral transport operation in respect of goods means the movement of goods, based on a transport contractconsignment note, from the Member State of establishment, as defined in Article 2(8) of Regulation (EC) No 1071/2009, to another Member State or to a third country, or from another Member State or a third country to the Member State of establishment.
2020/05/15
Committee: TRAN
Amendment 12 #

2017/0121(COD)

Council position
Article 1 – paragraph 3 – subparagraph 1 a (new)
In a bilateral transport operation, a Member State of establishment shall be either the place of origin where the transported goods are loaded or the place of destination where the goods are unloaded. Moreover, a bilateral transport operation may involve picking up of the goods at one or several loading points until their final delivery at one or several delivery points.
2020/05/15
Committee: TRAN
Amendment 14 #

2017/0121(COD)

Council position
Article 1 – paragraph 3 – subparagraph 2
From … [18 months after the entry into force of this Directive], which is the date from which drivers are required, pursuant to Article 34(7) of Regulation (EU) No 165/2014, to record border crossing data manually, Member States shall apply the exemption for bilateral transport operations in respect of goods Moreover, by way of derogation, a driver shall not be considered to be posted for the purpose of Directive 96/71/EC when performing up to 3 cross-trade transport operations, where theset out in the first and second subparagraphs of this paragraph also where, perations are performed during or following addition to perforn incoming a bilateral transport operation, the driver performs one activity of loading and/or unloading in the Member States or third countries that the driver crosses, provided that the driver does not load goods and unload them in the same Member State from the Member State of establishment or during an outgoing bilateral transport operation to the Member State of establishment.
2020/05/15
Committee: TRAN
Amendment 15 #

2017/0121(COD)

Council position
Article 1 – paragraph 3 – subparagraph 2 a (new)
For the purpose of this Directive, a cross- trade operation is the movement of goods, based on a consignment note, between two different Member States other than the Member State of establishment, as defined in Article 2(8) of Regulation (EC) No 1071/2009. Moreover, a cross-trade transport operation may involve picking up of the goods at one or several loading points until their final delivery at one or several delivery points.
2020/05/15
Committee: TRAN
Amendment 16 #

2017/0121(COD)

Council position
Article 1 – paragraph 3 – subparagraph 3
Where a bilateral transport operation starting from the Member State of establishment during which no additional activity was performed is followed by a bilateral transport operation to the Member State of establishment, the exemption for additional activities set out in the third subparagraph shall apply to a maximum of two additional activities of loading and/or unloading, under the conditions set out in the third subparagraph.deleted
2020/05/15
Committee: TRAN
Amendment 18 #

2017/0121(COD)

The exemptions for additional activities set out in the third and fourth subparagraphs of this paragraph shall apply only until the date from which smart tachographs complying with the requirement of recording border crossings and additional activities referred to in the first subparagraph of Article 8(1) of Regulation (EU) No 165/2014 are required to be fitted in the vehicles registered in a Member State for the first time, under the fourth subparagraph of Article 8(1) of that Regulation. From that date the exemptions for additional activities set out in the third and fourth subparagraphs of this paragraph shall apply solely to drivers using vehicles fitted with smart tachographs, as provided for in Articles 8, 9 and 10 of that Regulationnegotiations between the Union and relevant third countries as regards the application of rules equivalent to those laid down in this Directive will be concluded.
2020/05/15
Committee: TRAN
Amendment 20 #

2017/0121(COD)

Council position
Article 1 – paragraph 4 – subparagraph 1 – point a
(a) picks up passengers in the Member State of establishment and sets them down in another Member State and/or a third country;
2020/05/15
Committee: TRAN
Amendment 22 #

2017/0121(COD)

Council position
Article 1 – paragraph 4 – subparagraph 1 – point b
(b) picks up passengers in a Member State and/or a third country and sets them down in the Member State of establishment; or
2020/05/15
Committee: TRAN
Amendment 26 #

2017/0121(COD)

Council position
Article 1 – paragraph 4 – subparagraph 1 a (new)
Moreover, a bilateral transport operation in international occasional or regular carriage of passengers may involves picking up of passengers and /or setting passengers down more than once as specified in journey form or authorisation.
2020/05/15
Committee: TRAN
Amendment 27 #

2017/0121(COD)

Council position
Article 1 – paragraph 4 – subparagraph 2
From … [18 months after the entry into force of this Directive], which is the date from which drivers are required, pursuant to Article 34(7) of Regulation (EU) No 165/2014, to record border crossing data manually, Member States shall apply the exemption for bilateral transport operations in respect of passengers set out in the first and second subparagraphs of this paragraph also where, in addition to performing a bilateral transport operation, the driver picks up passengers once and/or sets down passengers once in Member States or third countries that the driver crosses, provided that the driver does not offer passenger transport services between two locations within the Member State crossed. The same shall apply to the return journey.deleted
2020/05/15
Committee: TRAN
Amendment 30 #

2017/0121(COD)

Council position
Article 1 – paragraph 4 – subparagraph 3
The exemption for additional activities set out in the third subparagraph of this paragraph shall apply only until the date from which smart tachographs complying with the requirement of recording of border crossings and additional activities referred to in the first subparagraph of Article 8(1) of Regulation (EU) No 165/2014 are required to be fitted in the vehicles registered in a Member State for the first time, under the fourth subparagraph of Article 8(1) of that Regulation. From that date the exemption for additional activities set out in the third subparagraph of this paragraph shall apply solely to drivers using vehicles fitted with smart tachographs, as provided for in Articles 8, 9 and 10 of that Regulation.deleted
2020/05/15
Committee: TRAN
Amendment 32 #

2017/0121(COD)

Council position
Article 1 – paragraph 8
8. A posting shall, for the purpose of Article 3(1a) of Directive 96/71/EC, be considered to beas ending when the driver leafinally delivers goods or sets passengers down in the host Member State in the performance of thean international carriage of goods or passengers. That period of, and that posting period shall not be cumulated with previous periods of postingosting periods in the context of such international operations performed byof the same driver or by another driver whom he or she replaces.
2020/05/15
Committee: TRAN
Amendment 33 #

2017/0121(COD)

Council position
Article 1 – paragraph 10
10. Transport undertakings established in a non-Member State shall not be given more favourable treatment than undertakings established in a Member State, including when performing transport operations under bilateral or multilateral agreements granting access to the Union market or parts thereof. Hence once this Directive has entered into force, the Union shall begin negotiations with the relevant third countries with a view to the application of rules equivalent to those laid down in this Directive.
2020/05/15
Committee: TRAN
Amendment 36 #

2017/0121(COD)

Council position
Article 7 – paragraph 1 a (new)
1 a. By ... [OJ: 4 months after its publication in the Official Journal of the European Union] the Commission shall present a proper impact assessment regarding the impact of this Directive on actual economic situation of the EU road haulage market and drivers' health safety situation, and, where appropriate, propose amendments to this Directive taking into account the new market situation of the sector.
2020/05/15
Committee: TRAN
Amendment 37 #

2017/0121(COD)

Council position
Article 10 – paragraph 1
This Directive shall enter into force on the day following[insert date 18 month after that of its publication in the Official Journal of the European Union].
2020/05/15
Committee: TRAN
Amendment 100 #

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point -a (new)
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 1
(-a) in paragraph 1, the first subparagraph is replaced by the following: “Member States shall organise a system of appropriate and regular checks on correct and consistent implementation, as referred to in Article 1, both at the roadside and at premises of undertakings of all transport categories. Moreover, controls of compliance with provisions of directive 2002/15/EC should be limited to checks at premises of undertakings.”
2018/02/05
Committee: EMPL
Amendment 108 #

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Each Member State shall organise checks in such a way that at least 3% of days worked by drivers of vehicles falling within the scope of Regulation (EC) No 561/2006, and Regulation (EU) 165/2014 and Directive 2002/15/EC are checked.
2018/02/05
Committee: EMPL
Amendment 114 #

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2006/22/EC
Article 6 – paragraph 1
1. Checks at premises shall be planned in the light of past experience in relation to the various types of transport and undertakings. They shall also be carried out if serious infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014 or Directive 2002/15/EC have been detected at the roadside.;
2018/02/05
Committee: EMPL
Amendment 125 #

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 2
Where the requested Member State considers that the request is insufficiently reasoned, it shall inform without delay the requesting Member State accordingly within 10 working days. The requesting Member State shall further substantiate the request. Where this is not possible, the request may be rejected by the Member State.
2018/02/05
Committee: EMPL
Amendment 169 #

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 2
These checks shall cover each year a large and representative cross-section of mobile workers, drivers, undertakings and vehicles falling within the scope of Regulations (EC) No 561/2006 and (EU) No 165/2014 and in case of checks at the premises of mobile workers and drivers falling withing the scope of Directive 2002/15/EC.;
2018/02/23
Committee: TRAN
Amendment 173 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) [of that Ddirective 96/71/EC], when performing international carriage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting towithin their territory to perform these operations is shorter than or equal to 3[10] cumulative days during a period of one calendar month. A [7] day threshold should also apply to cabotage operations as defined by Regulations (EU) No 1072/2009 and (EU) No 1073/2009.
2018/02/05
Committee: EMPL
Amendment 174 #

2017/0121(COD)

Each Member State shall organise checks in such a way that at least 3% of days worked by drivers of vehicles falling within the scope of Regulation (EC) No 561/2006, and Regulation (EU)165/2014 and Directive 2002/15/EC are checked.
2018/02/23
Committee: TRAN
Amendment 179 #

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 1
(3a) in paragraph 1, the first subparagraph is replaced by the following "1. Member States shall organise a system of appropriate and regular checks on correct and consistent implementation, as referred to in Article 1, both at the roadside and at premises of undertakings of all transport categories. Moreover, controls of compliance with provisions of Directive 2002/15/EC shall be limited to checks at the premises of the undertakings." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006L0022&from=PL)
2018/02/23
Committee: TRAN
Amendment 189 #

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2006/22/EC
Article 6 – paragraph 1
1. Checks at premises shall be planned in the light of past experience in relation to the various types of transport and undertakings. They shall also be carried out if serious infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014 or Directive 2002/15/EC have been detected at the roadside.;
2018/02/23
Committee: TRAN
Amendment 191 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
When the period of posting is longer than 3 days[10] cumulative days concerning international transport and [7] cumulative days concerning cabotage, Member States shall apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC for the entirfor the rest of the period of posting towithin their territory during the period of one calendar month referred to in the first subparagraph.
2018/02/05
Committee: EMPL
Amendment 204 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 2 a (new)
2a. Member States shall not apply Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) [of directive 96/71/EC], when performing international carriage operations as defined by Regulations (EU) No 1072/2009 and (EU) No 1073/2009 in transit through the Union and shall not apply to drivers performing carriage by road with usage of vehicles indicated in Articles 3 and 13(1) of Regulation 561/2006 provided that Member State in question has granted such exemptions.
2018/02/05
Committee: EMPL
Amendment 212 #

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 2
Where the requested Member State considers that the request is insufficiently reasoned, it shall inform without delay the requesting Member State accordingly within 10 working days. The requesting Member State shall further substantiate the request. Where this is not possible, the request may be rejected by the Member State.
2018/02/23
Committee: TRAN
Amendment 217 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 3 – introductory part
3. For the purposes of the calculation of the periods of posting referred to in paragraph 2:, a day may not be less than at least 24 hours respectively spent in the territory of the host Member State. The weekly rest periods shall be excluded from the calculation of the periods of posting.
2018/02/05
Committee: EMPL
Amendment 220 #

2017/0121(COD)

The Commission shall, by means of implementing acts, establish a common formula for calculating a risk rating of undertakings, which shall take into account the number, severity and frequency of occurrence of infringements as well as the results of controls where no infringement has been detected and whether a road transport undertaking has been using the smart tachograph, pursuant to Chapter II of Regulation (EU) No 165/2014, on all its vehicles. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2) of this Directive.
2018/02/23
Committee: TRAN
Amendment 221 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 3 – point a
(a) a daily working period shorter than six hours spent in the territory of a host Member State shall be considered as half a day;deleted
2018/02/05
Committee: EMPL
Amendment 225 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 3 – point b
(b) a daily working period of six hours or more spent in the territory of a host Member State shall be considered as a full day;deleted
2018/02/05
Committee: EMPL
Amendment 227 #

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Directive 2006/22/EC
Article 9 – paragraph 4
4. In order to facilitate targeted roadside checks and provided that it is to be technically feasible, the data contained in the national risk rating system shall be accessible at the time of control to all the competent control authorities of the Member State concerned.;
2018/02/23
Committee: TRAN
Amendment 231 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 3 – point c
(c) breaks and rest periods as well as periods of availability spent in the territory of a host Member State shall be considered as working period.deleted
2018/02/05
Committee: EMPL
Amendment 243 #

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Directive 2006/22/EC
Annex I – Part A – point 6
(a) in Part A, the following point (6) is added: ‘(6) Articles 4 and 5 of Directive 2002/15/EC.;’deleted weekly working times as set out in
2018/02/23
Committee: TRAN
Amendment 244 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 4
[...]deleted
2018/02/05
Committee: EMPL
Amendment 275 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) [of that Directive 96/71/EC], when performing international carriage operations as defined by Regulations (EC) No 1072/2009 and 1073/2009 where the period of posting towithin their territory to perform these operations is shorter than or equal to 3[10] cumulative days during a period of one calendar month. A [7] day threshold should also apply to cabotage operations as defined by Regulations (EC) No 1072/2009 and 1073/2009.
2018/02/23
Committee: TRAN
Amendment 291 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 a (new)
International operations and cabotage operations falling under the scope of this Directive shall be excluded from the rules on long-term posting referred in Article 1 of the legislative act amending the Directive 96/71/EC.
2018/02/23
Committee: TRAN
Amendment 293 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 b (new)
International operations and cabotage operations falling under the scope of this Directive shall be excluded from the provisions on collective agreements which are not universally applicable as defined in Article [...] of Directive 96/71/EC.
2018/02/23
Committee: TRAN
Amendment 296 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 c (new)
Member States shall not apply neither this Directive, nor Directive 96/71/EC as amended by ... [2016/0070 (COD)] or Directive 2014/67/EU to transit operations.
2018/02/23
Committee: TRAN
Amendment 307 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
When the period of posting is longer than 3 days[10]cumulative days concerning international transport and [7] cumulative days concerning cabotage, Member States shall apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC for the entirfor the rest of the period of posting towithin their territory during the period of one calendar month referred to in the first subparagraph.
2018/02/23
Committee: TRAN
Amendment 330 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 4 a (new)
4a. By way of derogation from Article 9 of Directive 2014/67/EU Member States may only impose the following administrative requirements and control measures: a) an obligation for the driver to keep and make available, where requested at the roadside control, in paper or electronic form, and evidence of transport operation taking place in the host Member State, such as an electronic consignment note (e-CMR) or evidence referred to in Article 8 of Regulation(EC) No 1072/2009 of the European Parliament and of the Council; b) an obligation for the driver to keep and make available, where requested at the roadside control, the tachograph records, and in particular the country codes of Member States where the driver has been present when carrying out international road transport operations or cabotage operations; c) in case of credible indications of possible infringements of this Directive, Directive 2006/22/CE and Directive 2014/67/EU, the Member States shall request within a reasonable period of time for information to the Member State of establishment that will ask to the road transport operator, after the period of posting. The information referred to shall only comprise the following details: - the evidence of transport operation taking place in the host Member State, such as an electronic consignment note (e-CMR) or evidence referred to in Article 8 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council. - the tachograph records, and in particular the country codes of Member States where the driver has been present when carrying out international road transport operations or cabotage operations. - a copy of the employment contract or an equivalent document such as certificate of employment within the meaning of Article 3 of Council Directive 91/533/EEC, available in one of EU official languages.
2018/02/05
Committee: EMPL
Amendment 341 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 3 – introductory part
3. For the purposes of the calculation of the periods of posting referred to in paragraph 2:, a day may not be less than at least 24 hours respectively spent in the territory of the host Member State. The weekly rest periods shall be excluded from the calculation of the periods of posting.
2018/02/23
Committee: TRAN
Amendment 350 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 3 – point a
(a) a daily working period shorter than six hours spent in the territory of a host Member State shall be considered as half a day;deleted
2018/02/23
Committee: TRAN
Amendment 362 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 3 – point b
(b) a daily working period of six hours or more spent in the territory of a host Member State shall be considered as a full day;deleted
2018/02/23
Committee: TRAN
Amendment 377 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 3 – point c
(c) breaks and rest periods as well as periods of availability spent in the territory of a host Member State shall be considered as working period.deleted
2018/02/23
Committee: TRAN
Amendment 394 #
2018/02/23
Committee: TRAN
Amendment 541 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 4 a (new)
4a. By way of derogation from Article 9 of Directive 2014/67/EU Member States may only impose the following administrative requirements and control measures: (a) an obligation for the driver to keep and make available, where requested at the roadside control, in paper or electronic form, and evidence of transport operation taking place in the host Member State, such as an electronic consignment note (e-CMR) or evidence referred to in Article 8 of Regulation(EC) No 1072/2009 of the European Parliament and of the Council; (b) an obligation for the driver to keep and make available, where requested at the roadside control, the tachograph records, and in particular the country codes of Member States where the driver has been present when carrying out international road transport operations or cabotage operations; (c) in case of credible indications of possible infringements of this Directive, Directive 2006/22/CE and Directive 2014/67/EU, the Member States shall request within a reasonable period of time not shorter than 30 working days for information to the Member State of establishment that will ask to the road transport operator, after the period of posting. The information referred to shall only comprise the following details: - the evidence of transport operation taking place in the host Member State, such as an electronic consignment note (e-CMR) or evidence referred to in Article 8 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council. - the tachograph records, and in particular the country codes of Member States where the driver has been present when carrying out international road transport operations or cabotage operations. - a copy of the employment contract and posting declaration or an equivalent document such as certificate of employment within the meaning of Article 3 of Council Directive 91/533/EEC, available in one of EU official languages.
2018/02/23
Committee: TRAN
Amendment 588 #

2017/0121(COD)

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 a (new)
The entry into force of this Directive shall repeal any provisions regarding the date of application of this Directive deriving from ... [2016/0070(COD)] amending Directive 96/71/EC.
2018/02/23
Committee: TRAN
Amendment 589 #

2017/0121(COD)

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 b (new)
The transport sector is exempt from the measures deriving from the legislative act amending Directive 96/71/EC until the entry into force of enforcement requirements laying down specific rules with respect to transport of this Directive.
2018/02/23
Committee: TRAN
Amendment 93 #

2017/0116(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down rules on the conduct of investigations by the Commission and on the adoption of redressive measures, relating to violation of applicable international obligations and to practices affecting competition between Union air carriers and other air carriers and causing or threatening to cause injury to Union air carriers.
2018/01/24
Committee: TRAN
Amendment 97 #

2017/0116(COD)

Proposal for a regulation
Article 1 a (new)
Article 1 a Scope This Regulation shall apply in case of: a) violation of applicable international obligations between the Union and a third country and; b) practices affecting competition between Union air carriers and third country air carriers. 2. This Regulation applies without prejudice to Article 12 of Regulation (EEC) No 95/93and Article 20 of Directive 96/67/EC. 3. This Regulation applies only after dispute settlement procedures contained in air transport or air services agreement to which the Union is a party, or concluded between a Member State and a third country, has been exhausted and the outcome of the dispute settlement procedure has not been put into effect by the third country or third country entity.
2018/01/24
Committee: TRAN
Amendment 124 #

2017/0116(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b – point ii
(ii) injury or threat of injury to one or more Union air carriers;
2018/01/24
Committee: TRAN
Amendment 129 #

2017/0116(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b – point iii
(iii) a causal link between the alleged practice and the alleged injury or threat of injury.
2018/01/24
Committee: TRAN
Amendment 141 #

2017/0116(COD)

Proposal for a regulation
Article 3 – paragraph 4
4. The Commission mayshall decide not to proceed with the initiateion of an investigation where the adoption of measures in accordance with Articles 10 or 13 would be against the Union interest or where the Commission considers that the facts put forward in the complaint neither raise a systemic issue, nor have a significant impact on one or more Union air carriers.
2018/01/24
Committee: TRAN
Amendment 162 #

2017/0116(COD)

Proposal for a regulation
Article 3 – paragraph 7 – point b
(b) publish a notice in the Official Journal of the European Union; the notice shall announce the initiation of the investigation, indicate the scope of the investigation, the applicable international obligations that are allegedly violated or the third country or third country entity who has allegedly been engaged in practices affecting competition and the alleged injury or threat of injury, the Union air carrier(s) concerned and state the period within which interested parties may make themselves known, present their views in writing, submit information or may apply to be heard by the Commission.
2018/01/24
Committee: TRAN
Amendment 182 #

2017/0116(COD)

Proposal for a regulation
Article 4 a (new)
Article 4 a Union Interest A determination as to whether the Union´s interest calls for intervention shall be based on an appreciation of all the various interests that are relevant in the particular situation and taken as a whole, including notably the interests of consumers and of Member States, in particular those Member States whose connectivity may be impacted. In such an examination, the need to eliminate the practices affecting competition or the violation of applicable international obligations shall be given special consideration. 2. A determination pursuant to this Article in application of Articles 10 and 12 shall only be made where interested parties have been given the opportunity to make their views known pursuant to Article 4(6). 3. In determining the Union interest in accordance with paragraph 1, the Commission shall examine the information provided by the interested parties which have made themselves known, presented their views in writing, submitted information, or applied to be heard by the Commission in accordance with point (b), paragraph 7 of Article 3. 4. The interested parties which have made themselves known, presented their views in writing, submitted information, or applied to be heard by the Commission in accordance with point (b), paragraph 7 of Article 3 may request that the fact and considerations on which decisions are likely to be taken be made available to them. Such information shall be made available to the extent possible and in accordance to Article 6, and without prejudice to any subsequent decision taken by the Commission. 5. Information shall be taken into account only where it is supported by actual evidence which substantiates its validity
2018/01/24
Committee: TRAN
Amendment 202 #

2017/0116(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. The proceedings shall be concluded within two years. That period may be prolonged in duly justified casesone year.
2018/01/24
Committee: TRAN
Amendment 220 #

2017/0116(COD)

Proposal for a regulation
Article 9 – paragraph 3 – point b
(b) in case of practice affecting competition, either that practice or the injury or threat of injury to the Union air carrier(s) concerned.
2018/01/24
Committee: TRAN
Amendment 225 #

2017/0116(COD)

Proposal for a regulation
Article 9 – paragraph 4
4. If the violation of applicable international obligations or the practice affecting competition, the injury or the threat of injury to the Union air carrier(s) concerned has not been eliminated following a reasonable period of time, the Commission may resume the proceedings.
2018/01/24
Committee: TRAN
Amendment 234 #

2017/0116(COD)

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1
Without prejudice to the relevant provisions of the Treaty on the Functioning of the European Union and subject to paragraphs 1 and 2, the Commission shall, by means of implementing acts,uncil may decide to adopt redressive measures if the investigation determines that the applicable international obligations have been violated and such violation has caused injury to the one or more Union air carriers.
2018/01/24
Committee: TRAN
Amendment 241 #

2017/0116(COD)

2. A finding of a threat of injury requires that it be clearly foreseeable that a particular situation is likely to develop into actual injury. Any such determination shall be based on evidence and take account of all relevant factors, in particular: (a) the foreseeable evolution of the situation of the Union air carrier(s) concerned notably in terms of frequency of services, utilisation of capacity, network effect, sales, market share, profits, return on capital, investment and employment; (b) the foreseeable evolution of the general situation of the potentially affected air transport services market(s), notably in terms of level of fares or rates, capacity and frequency of air transport services or use of the network.deleted
2018/01/24
Committee: TRAN
Amendment 247 #

2017/0116(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. Injury or threat of injury caused by factors other than the practice affecting competition and which are also negatively affecting the Union air carrier(s) concerned shall not be attributed to the practice under scrutiny.
2018/01/24
Committee: TRAN
Amendment 256 #

2017/0116(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a – point ii
(ii) the existence of injury or threat of injury to the Union air carrier(s) concerned;
2018/01/24
Committee: TRAN
Amendment 258 #

2017/0116(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a – point iii
(iii) the existence of a causal link between the injury or threat of injury and the practice considered;
2018/01/24
Committee: TRAN
Amendment 260 #

2017/0116(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point d
(d) the third country or third country entity concerned has eliminated the injury or threat of injury to the Union air carrier(s) concerned.
2018/01/24
Committee: TRAN
Amendment 269 #

2017/0116(COD)

Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Without prejudice to Article 12(1) and except in the case referred to in point (b) of Article 12(2) the Commissionuncil shall, by means of implementing actsCouncil decision, adopt redressive measures if the investigation conducted under Article 4 determines that a practice affecting competition, adopted by a third country or a third country entity, has caused injury or threat of injury to the Union air carrier(s) concerned.
2018/01/24
Committee: TRAN
Amendment 273 #

2017/0116(COD)

Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Without prejudice to Article 12(1) and except in the case referred to in point (b) of Article 12(2) the Commission shall, by means of implementing acts, adopt redressive measures if the investigation conducted under Article 4 determines that a practice affecting competition, adopted by a third country or a third country entity, has caused injury or threat of injury to the Union air carrier(s) concerned.
2018/01/24
Committee: TRAN
Amendment 280 #

2017/0116(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. The redressive measures referred to in paragraph 1 shall not exceed what is necessary to offset the injury or threat of injury to the Union air carrier(s) concerned. To this effect measures referred to in point (b) of paragraph 2 may be limited to a specific geographic area.
2018/01/24
Committee: TRAN
Amendment 283 #

2017/0116(COD)

Proposal for a regulation
Article 13 – paragraph 3 a (new)
3 a. The redressive measures referred to in point (b) of paragraph 2 shall not consist of suspension or limitation of any rights granted by a Member State to a third country under an air transport, an air service agreement or any provision on air transport services included in a trade agreement concluded with that third country.
2018/01/24
Committee: TRAN
Amendment 290 #

2017/0116(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. The redressive measures referred to in Article 13 shall remain in force only as long as, and to the extent that, it is necessary in view of, the persistence of the practice affecting competition and the ensuing injury or threat of injury. To this end, the review procedure set out in paragraphs 2, 3 and 4 shall apply.
2018/01/24
Committee: TRAN
Amendment 297 #

2017/0116(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. In the course of its review, the Commission shall assess the continued existence of the practice affecting competition, of the injury or threat of injury and of the causal link between the practice and the injury or threat of injury.
2018/01/24
Committee: TRAN
Amendment 208 #

2017/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 1999/62/EC
Article 1 – paragraph 1 – point (a)
(a) vehicle taxes for heavy goods vehicles, trucks and buses,
2018/02/23
Committee: TRAN
Amendment 358 #

2017/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 1999/62/EC
Article 7 f – paragraph 4
4. The amount of the mark-up shall be deducted from the amount of the external- cost charge calculated in accordance with Article 7c, except for vehicles of EURO emission classes 0, I and II from 15 October 2011, III and IV from 1 January 2015, V from 1 January 2019, and VI from January 2023 onwards. All revenues generated by the simultaneous application of the mark-up and the external cost charges shall be invested in financing the construction of core network corridors listed in Part I of Annex I to Regulation (EU) No 1316/2013.
2018/02/23
Committee: TRAN
Amendment 376 #

2017/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 1999/62/EC
Article 7 g – paragraph 4 – subparagraph 1
Within onetwo year after official CO2 emission data are published by the Commission pursuant to Regulation (EU) …/…*****, the Commission shall adopt a delegatedimplementing act, in accordance with Article 9e, to define the reference values of CO2 emissions, together with an appropriate categorisation of the heavy duty vehicles concerned.
2018/02/23
Committee: TRAN
Amendment 380 #

2017/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 1999/62/EC
Article 7 g – paragraph 4 – subparagraph 2
Within onetwo year from the entry into force of the delegatedimplementing act, Member States shall vary the infrastructure charge taking into account the reference CO2 emission values and the relevant vehicle categorisation. Charges shall be varied in such a way that no infrastructure charge is more than 100% above the same charge for equivalent vehicles having the lowest, but not zero, CO2 emissions. Zero-emission vehicles shall benefit from infrastructure charges reduced by 75% compared to the highest rate.
2018/02/23
Committee: TRAN
Amendment 394 #

2017/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 1999/62/CE
Article 7 g a – paragraph 1
1. For light duty vehicles, until 31 December 2021, Member States may vary tolls and user charges according to the environmental performance of the vehicle. In order to maintain legal certainty and to maintain existing agreements for construction and/or maintenance of motorways, they should be exempt from the regulations until the end of their validity.
2018/02/23
Committee: TRAN
Amendment 399 #

2017/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 1999/62/CE
Article 7 g a – paragraph 2
2. From 1 January 2022 Member States shall vary tolls and, in the case of user charges, at least annual charges, according to the CO2 and pollutant emissions of vehicles in accordance with the rules set out in Annex VII. In order to maintain legal certainty and to maintain existing agreements for construction and/or maintenance of motorways, they should be exempt from the regulations until the end of their validity.
2018/02/23
Committee: TRAN
Amendment 412 #

2017/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 1999/62/EG
Article 7 g a – paragraph 4
The Commission is empowered to adopt delegated acts iIn accordance with Article 9e amending Annex VII in order to adapt the modalities specified in the Annex to technical progress there should be adopted implementing acts.
2018/02/23
Committee: TRAN
Amendment 437 #

2017/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Directive 1999//62/EC
Article 9 – paragraph 3
(b) the following paragraph 3 is added: ‘3. Revenues generated from congestion charges, or the equivalent in financial value of these revenues, shall be used to address the problem of congestion, in particular by: (a) supporting collective transport infrastructure and services; (b) eliminating bottlenecks on the trans- European transport network; (c) developing alternative infrastructure for transport users.;’deleted
2018/02/23
Committee: TRAN
Amendment 449 #

2017/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 18
Directive 1999//62/EC
Article 11 – paragraph 1
1. Each year, Member States shall make public in aggregate form a report on tolls and user charges levied on their territory, including information on the use of revenues and the quality of roads where tolls or user charges are applied, as specified in paragraphs 2 and 3.
2018/02/23
Committee: TRAN
Amendment 468 #

2017/0114(COD)

Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive 2 years after entry into force by at the latest. They shall forthwith communicate to the Commission the text of those provisions.
2018/02/23
Committee: TRAN
Amendment 23 #

2017/0015(COD)

Proposal for a directive
Recital 6
(6) Taking into account developments in training and education, and in order to enhance the contribution of Directive 2003/59/EC to road safety and the relevance of training for drivers, subjects relating to road safety, such as hazard perception, the protection of vulnerable road users, (particularly pedestrians, cyclists and persons with limited mobility) and fuel-efficient driving, should be strengthened in the training courses.
2017/06/29
Committee: TRAN
Amendment 27 #

2017/0015(COD)

Proposal for a directive
Recital 7
(7) Member States should be provided with a clear option to improve and modernise training practices with the use of ICT tools, such as e-learning and blended learning, for part of the training, while ensuring the quality of the trainingithin which these tools might be effective and would enable the skills acquired during the training to be accurately assessed.
2017/06/29
Committee: TRAN
Amendment 37 #

2017/0015(COD)

Proposal for a directive
Recital 9
(9) To prevent differing practices between Member States from impeding mutual recognition and restricting the right of drivers to undergo the periodic training in the Member State where they work, Member State authorities should be required to issue the relevant documentdriver qualification card that will ensure mutual recognition for every driver who fulfils the requirements of Directive 2003/59/EC.
2017/06/29
Committee: TRAN
Amendment 60 #

2017/0015(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2003/59/WE
Article 10 – paragraph 2 – point b – indent 3
- a national certificate whose validity on their territory is mutually recognised by the Member States.deleted
2017/06/29
Committee: TRAN
Amendment 64 #

2017/0015(COD)

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [OP: please insert the DATE calculated 1824 months following the entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
2017/06/29
Committee: TRAN
Amendment 8 #

2016/2271(INI)

Draft opinion
Recital A a (new)
Aa. whereas demand among employers and businesses for highly-qualified digital workers continues to grow, but the education system is unable to meet these expectations;
2017/02/02
Committee: EMPL
Amendment 10 #

2016/2271(INI)

Draft opinion
Recital A b (new)
Ab. whereas according to the Commission's data, the difference between supply and demand for highly- qualified workers will gradually increase, reaching 756 000 unfilled positions by 2020, which poses a threat to the continuity of many essential services;
2017/02/02
Committee: EMPL
Amendment 28 #

2016/2271(INI)

Draft opinion
Paragraph 2 a (new)
2a. Expresses concern at the significant divergences in the level of digital skills of workers in different Member States; stresses the need to bridge this gap, which has a negative impact on development opportunities and the labour market in outlying and rural regions;
2017/02/02
Committee: EMPL
Amendment 31 #

2016/2271(INI)

Draft opinion
Paragraph 2 b (new)
2b. Urges the Commission to maintain a high level of investment in broadband internet networks; stresses that investment funds, such as EFSI, do not guarantee an adequate level of funding for the construction and modernisation of internet networks in outlying, rural and hard-to-reach regions; stresses that universal access to high-quality broadband connections is crucial for rapid and stable development in the digital economy;
2017/02/02
Committee: EMPL
Amendment 34 #

2016/2271(INI)

Draft opinion
Paragraph 2
2. Points out that the digitalisation process has not been beneficial to the same extent throughout the transport sector, which has created a detrimental fragmentation within the internal market both between different modes of transport and within the same mode; notes that disparities in digitalisation also exist between regions and between large companies and SMEs; believes that developing a coordinated Industrial Digitalisation Strategy (IDS) for the EU cshould help overcome this fragmentation and disparities;
2017/03/07
Committee: TRAN
Amendment 42 #

2016/2271(INI)

Draft opinion
Paragraph 3 a (new)
3a. Notes the positive effect that new business models based on digital technologies have had on the labour market in many Member States; notes the positive effect that these forms of running businesses and performing work have had on increasing the digital skills level of workers and service providers;
2017/02/02
Committee: EMPL
Amendment 50 #

2016/2271(INI)

Draft opinion
Paragraph 4
4. Recognises the opportunities and dangers related to the digitisation of industry; stresses, however, that new forms of work must comply with labour and social legislation and guarantee the protection of workers’ and consumer rights;
2017/02/02
Committee: EMPL
Amendment 50 #

2016/2271(INI)

Draft opinion
Paragraph 3 – point c
(c) reduce transport costs, such as maintenance costs, and increase infrastructure capacity (e.g. platooning);
2017/03/07
Committee: TRAN
Amendment 51 #

2016/2271(INI)

Draft opinion
Paragraph 4 a (new)
4a. Draws particular attention to workers in positions that are particularly at risk of being eliminated as a result of the ongoing automation of industry; stresses the particular role played by employers in organising and funding training and courses that allow workers to supplement their digital skills and qualifications;
2017/02/02
Committee: EMPL
Amendment 56 #

2016/2271(INI)

Draft opinion
Paragraph 3 – point d
(d) improve competitiveness by fostering the emergence of new players in order to challenge existing monopolies;
2017/03/07
Committee: TRAN
Amendment 59 #

2016/2271(INI)

Draft opinion
Paragraph 5
5. Calls on the Commission and the Member States to clarify the legal situation of platform workers and to guarantee all workers the same social rights, including the freedom of association, the right to conclude collective agreements and the right to organise; stresses that the reaction to the appearance of digital platforms should be proportionate and should take equal account of the rights and obligations of service providers and service recipients;
2017/02/02
Committee: EMPL
Amendment 69 #

2016/2271(INI)

Draft opinion
Paragraph 3 – point g
(g) continue safeguarding passenger rights;deleted
2017/03/07
Committee: TRAN
Amendment 77 #

2016/2271(INI)

Draft opinion
Paragraph 6 a (new)
6a. Welcomes the initiatives undertaken by the Commission with the aim of overcoming shortages of highly- qualified workers, such as the Digital Skills and Jobs Coalition; emphasises that lasting success in this area can only be achieved through the involvement of the greatest number of operators, including businesses, educational institutions and NGOs;
2017/02/02
Committee: EMPL
Amendment 86 #

2016/2271(INI)

Draft opinion
Paragraph 7 a (new)
7a. Notes the potential that the digitisation of industry has in terms of reducing the level of exclusion among persons with disabilities and persons with limited mobility on the labour market; stresses in particular the importance of tools such as teleworking for people entering the labour market after a long break or for people raising children;
2017/02/02
Committee: EMPL
Amendment 95 #

2016/2271(INI)

Draft opinion
Paragraph 4
4. Underlines the need to mobilise and attract investments in order to adequately finance the transition towards digital processes and support the development of associated infrastructure; believes that better use could be made of existing EU funds, in particular the European Fund for Strategic Investments, which has so far not delivered sufficiently on projects of a truly innovative natureinnovative transport projects;
2017/03/07
Committee: TRAN
Amendment 101 #

2016/2271(INI)

Draft opinion
Paragraph 5
5. Strongly believes that, especially in the transport sector, open data remains an essential element in order to reap the full benefits of the Digital Single Market and regrets that initiatives to ease the flow of data remain fragmented; stresses that more legal certainty, mainly in terms of ownership and responsibility, is needed; underlines that emphasis should be put on the issues related to privacy and security.
2017/03/07
Committee: TRAN
Amendment 24 #

2016/2251(INI)

Motion for a resolution
Paragraph 11
11. Notes that the cost of environmental damage for the operators responsible can be reduced through the use of financial security instruments, but also that demand is low due to the insufficient number of cases detected in manymay vary significantly according to the level of maturity of the market for such instruments among Member States, in addition to the lack of clarity regarding certain concepts set out in the directive;
2017/06/23
Committee: JURI
Amendment 41 #

2016/2251(INI)

Motion for a resolution
Paragraph 18
18. Calls on the Commission to check whether it is possible to extend the scope of the ELD also to damage to the air15, which can have significant health risks, and to damage caused by electromagnetic pollution16; __________________ 15This option was considered in the Commission document of 19 February 2014 ‘Study on ELD Effectiveness: Scope and Exceptions’ p. 84. 16The effects of continuous exposure to electromagnetic fields were considered in a study by STOA, ‘The Physiological and Environmental Effects of Non-Ionising Electromagnetic Radiation - 03-2001’; furthermore, there are still no data available on the effects of long-term exposure to intense electromagnetic fields.deleted
2017/06/23
Committee: JURI
Amendment 47 #

2016/2251(INI)

Motion for a resolution
Paragraph 19
19. Calls for the establishment of a European fund for the protection of the environment from damage caused by industrial activity governed by the ELD17 , for insolvency risks and only in cases where financial security markets fail; __________________ 17 As regards this option please refer to the document published by the Commission on 17 April 2013 entitled ‘Study to explore the feasibility of creating a fund to cover environmental liability and losses occurring from industrial accidents’.deleted
2017/06/23
Committee: JURI
Amendment 58 #

2016/2251(INI)

Motion for a resolution
Paragraph 22
22. Calls on the Commission to establish a mandatory register for operators who engage in the dangerous activities listed in Annex III and a financial monitoring scheme to ensure the operators are solvent;
2017/06/23
Committee: JURI
Amendment 61 #

2016/2251(INI)

Motion for a resolution
Paragraph 23
23. Calls for the establishment of a European register of cases of environmental damage governed by the ELD; For the purpose of not causing unnecessary administrative burdens on public authorities and operators and keeping in line with the purpose and provisions as set forth by this Directive, a structured dialogue is required; A register should also be consistent with the latest mandatory disclosures for environmental risks imposed by the Non- Financial Reporting Directive 2014/95/EU adopted in 2014 and applicable from January 2018 for the financial year 2017;
2017/06/23
Committee: JURI
Amendment 4 #

2016/2148(INI)

Draft opinion
Paragraph 1
1. Welcomes the significant contribution made by the European Structural and Investment Funds to the construction of an efficient and safe European transport network; Sstresses the importance of synergies between the various funds and points out the need for the various needs of the Member States to be taken into account under the various funds;
2016/09/12
Committee: TRAN
Amendment 15 #

2016/2148(INI)

Draft opinion
Paragraph 2
2. Stresses the importance of national general transport plans for the effective spending of funds and the establishment of a coherent vision of the development of individual modes of transport;
2016/09/12
Committee: TRAN
Amendment 30 #

2016/2148(INI)

Draft opinion
Paragraph 3 a (new)
3a. Points out that there is a particular need to maximise the contribution of the structural funds when it comes to achieving the objectives of the EU Urban Agenda; emphasises that integrated territorial investment is important in order to build a comprehensive, energy-efficient and passenger-friendly public transport network;
2016/09/12
Committee: TRAN
Amendment 35 #

2016/2148(INI)

Draft opinion
Paragraph 4
4. Notes the need to provide professional support to Member States during planning and implementation of the most essential and capital-intensive infrastructure projects; appreciates the impact of the Jaspers facility and reiterates that poor investment planning results in major delays in the completion of projects and in the inefficient use of funding;
2016/09/12
Committee: TRAN
Amendment 42 #

2016/2148(INI)

Draft opinion
Paragraph 5
5. Recalls that completion of the core TEN-T network is a European transport policy priority and that structural and investment funds are an importantthe main tool in the implementation of this project; emphasises the need to tap the potential of the European Structural and Investment Funds to connect the potential of the core and supplementary TEN-T networks with regional and local transport infrastructure;
2016/09/12
Committee: TRAN
Amendment 53 #

2016/2148(INI)

Draft opinion
Paragraph 6
6. Recalls that funds allocated to financing the ‘Connecting Europe’ facility were depleted in order to recapitalise the European Fund for Strategic Investments; expresses hope that these funds will be used to finance infrastructure projects, with a particular focus on rail infrastructure;
2016/09/12
Committee: TRAN
Amendment 57 #

2016/2148(INI)

Draft opinion
Paragraph 6 a (new)
6a. Emphasises that the multimodality of transport should be a vital factor in the assessment of infrastructure projects financed by the European Structural and Investment Funds, but that it should not be the only criterion used to assess proposed projects, especially in the case of Member States with major investment needs in the area of transport infrastructure;
2016/09/12
Committee: TRAN
Amendment 68 #

2016/2148(INI)

Draft opinion
Paragraph 7 a (new)
7a. Reiterates the fact that road transport is still the most important mode of transport for people and goods in the EU, and that therefore the need for investment under the European Structural and Investment Funds is greatest in the area of road transport infrastructure;
2016/09/12
Committee: TRAN
Amendment 69 #

2016/2148(INI)

Draft opinion
Paragraph 7 b (new)
7b. Calls for increased efforts to be made with regard to cutting down on wastage and spending European Structural and Investment funding more effectively when it comes to airport infrastructure;
2016/09/12
Committee: TRAN
Amendment 70 #

2016/2148(INI)

Draft opinion
Paragraph 7 c (new)
7c. Notes that there are major disparities in the level of development and use of inland waterway transport in the Member States; emphasises the need for the European Structural and Investment Funds to be used to bridge this gap;
2016/09/12
Committee: TRAN
Amendment 73 #

2016/2148(INI)

Draft opinion
Paragraph 8
8. Notes that major administrative barriers to accessing European Structural and Investment Funds exist, ; calls for more flexibility in the preparaticularly for SMEson of guidelines and in the assessment of completed infrastructure projects which have received funding from this source;
2016/09/12
Committee: TRAN
Amendment 900 #

2016/2114(REG)

Parliament's Rules of Procedure
Rule 15 – paragraph 1
The President, Vice-Presidents and Quaestors shall be elected by secret ballot, in accordance with Rule 182. Nominations shall be with consent. They may only be made by a political group or by at least 40 Members. However, if the number of nominations does not exceed the number of seats to be filled, the candidates may be elected by acclamation. Members shall be permitted to serve a maximum of two terms in the office of President pursuant to Rule 19(1), regardless of whether they are served consecutively or not.
2016/09/27
Committee: AFCO
Amendment 5 #

2016/2100(INI)

Draft opinion
Paragraph 1
1. Calls on the Commission and the Member States to show greater political will towards completing the single market for transport, in order to ensure open and fair competition between public and private operators in the transport, postal (including cross-border parcel delivery) and tourism sectors;
2016/10/17
Committee: TRAN
Amendment 8 #

2016/2100(INI)

Draft opinion
Paragraph 1 a (new)
1a. Stresses that the need to guarantee more effective protection of transport workers’ rights from abuse should not be used as a pretext to restrict free competition between entities from different Member States; calls on the Commission to respect the principles of proportionality and subsidiarity when drawing up laws that will have a significant impact on the functioning of the single transport market;
2016/10/17
Committee: TRAN
Amendment 10 #

2016/2100(INI)

Draft opinion
Paragraph 1 b (new)
1b. Notes the challenges faced by postal operators as a result of the creation of the Digital Single Market; stresses that the success of this ambitious project, in particular in the area of online trade, depends largely on the form taken by the postal parcel delivery service market; stresses the need to guarantee fair and equal cross-border competition conditions for private entities and public operators providing commercial services;
2016/10/17
Committee: TRAN
Amendment 22 #

2016/2100(INI)

Draft opinion
Paragraph 2
2. Highlights the fact that EU transport legislation is often poorly implemented and treaty principles are not respected by Member States; believes that proper implementation of existing EU legislation would bring additional benefits to business and industry;
2016/10/17
Committee: TRAN
Amendment 26 #

2016/2100(INI)

Draft opinion
Paragraph 2 a (new)
2a. Expresses concern at the impact the Commission’s proposed changes to Directive 96/71/EC could have on the transport sector; stresses that attempts to harmonise minimum wage laws are at odds with the principle of subsidiarity, would lead to discrimination against entities in certain Member States and could seriously undermine the freedom to provide services within the EU;
2016/10/17
Committee: TRAN
Amendment 32 #

2016/2100(INI)

Draft opinion
Paragraph 3 a (new)
3a. Regrets the Commission’s failure to react quickly and decisively to attempts by some Member States to restrict free competition in the transport sector; calls for these practices to be abolished and for all possible measures to be taken to guarantee equal access to the single market under the same conditions for entities operating in that sector from all Member States;
2016/10/17
Committee: TRAN
Amendment 41 #

2016/2100(INI)

Draft opinion
Paragraph 4 a (new)
4a. Stresses that entities operating on the basis of new business models influence the EU’s transport and tourism market in a positive way, in particular by making services more accessible and improving their quality; notes, however, the many potential risks connected with the functioning of those entities, in particular in relation to the fulfilment of their tax obligations and compliance with labour law;
2016/10/17
Committee: TRAN
Amendment 59 #

2016/2100(INI)

Draft opinion
Paragraph 7
7. Considers that increased competition brought about by the gradual opening up of the EU road haulage market can bring benefits to consumers, but expresses concern; strongly condemns the fact that certain measures being applied by some Member States are undermining the integrity of the single market in this field;
2016/10/17
Committee: TRAN
Amendment 75 #

2016/2100(INI)

Draft opinion
Paragraph 8 a (new)
8a. Strongly opposes the exploitation of environmental and safety laws, in particular in the rail transport sector, to restrict competition in the EU; highlights the need for rational law-making and for administrative pressure on SMEs in the transport sector to be reduced;
2016/10/17
Committee: TRAN
Amendment 82 #

2016/2100(INI)

Draft opinion
Paragraph 8 b (new)
8b. Stresses that the full opening-up of the rail transport market could bring a number of benefits to operators and passengers from all Member States; notes, however, the need to take account of the differing degrees of development of rail infrastructure in the Member States in that process; stresses the need to maintain, in the next multiannual financial framework, current levels of investment in evening out differences in rail infrastructure;
2016/10/17
Committee: TRAN
Amendment 365 #

2016/2100(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Stresses that the need to guarantee more effective protection of transport workers’ rights from abuse should not be used as a pretext to restrict free competition between entities from different Member States; calls on the Commission to respect the principles of proportionality and subsidiarity when drawing up laws that will have a significant impact on the functioning of the single transport market;
2016/10/24
Committee: ECON
Amendment 374 #

2016/2100(INI)

Motion for a resolution
Paragraph 21 b (new)
21b. Regrets the Commission’s failure to react quickly and decisively to attempts by some Member States to restrict free competition in the transport sector; calls for these practices to be abolished and for all possible measures to be taken to guarantee equal access to the single market under the same conditions for entities operating in that sector from all Member States;
2016/10/24
Committee: ECON
Amendment 379 #

2016/2100(INI)

Motion for a resolution
Paragraph 21 c (new)
21c. Expresses concern at the impact the Commission’s proposed changes to Directive 96/71/EC could have on the road transport sector; stresses that attempts to harmonise minimum wage laws are at odds with the principle of subsidiarity, would lead to discrimination against entities from certain Member States on the single market and could seriously undermine the freedom to provide services within the EU;
2016/10/24
Committee: ECON
Amendment 2 #

2016/2099(INI)

Draft opinion
Recital A
A. whereas transport is the largest sector in which the European Investment Bank (EIB) has been active since its foundation, with more than a trillion euros invested in transport projects since 1958 and with the EIB providing funding for projects which will contribute to achieving the EU’s objectives both within and beyond its borders;
2016/10/17
Committee: TRAN
Amendment 7 #

2016/2099(INI)

Draft opinion
Recital B
B. whereas decarbonisinglowering emissions in the transport sector is a major challenge, and significant reductions in CO2 emissions from transport are needed if the EU is to achieve its long-term climate goalsare needed; whereas congestion and air pollution are major problems in developing urban mobility;
2016/10/17
Committee: TRAN
Amendment 12 #

2016/2099(INI)

Draft opinion
Recital C
C. whereas in 2015 the EIB invested EUR 14 billion in transport projects that will benefit 338 million passengers per year and save 65 million travel hours per year, and whereas since 1993 the EIB has been increasing the amount of TEN-T lending through financial instruments;
2016/10/17
Committee: TRAN
Amendment 25 #

2016/2099(INI)

Draft opinion
Paragraph 1
1. WelcomesNotes the adoption of Commission President Juncker’s plan to increase the capacity of the Investment Plan for Europe from EUR 315 billion to EUR 630 billion; underlines, however, that it should not lead to a reduction in well-functioning sources of transport infrastructure funding;
2016/10/17
Committee: TRAN
Amendment 29 #

2016/2099(INI)

Draft opinion
Paragraph 2
2. Encourages the EIB to continue to support sustainable, safe, climate-friendly and innovative transport; underlines that it is the European Parliament’s priority to provide sufficient funding for projects with European added value, including the cross- border transport links, and to connect secondary and tertiary nodes to TEN-T infrastructure, including multimodal nodes;
2016/10/17
Committee: TRAN
Amendment 44 #

2016/2099(INI)

Draft opinion
Paragraph 3
3. Believes that an innovative and effective economy needs advanced, modern and high-quality infrastructure and that transport infrastructure should be among the priorities, with a special focus on innovative multimodal infrastructure solutions such as short multimodal tunnels or bridges in sparsely populated areas or local communities;
2016/10/17
Committee: TRAN
Amendment 51 #

2016/2099(INI)

Draft opinion
Paragraph 4
4. UHighlights the large disparity between the number of investment projects financed in western and eastern EU countries, and therefore underlines the importance of geographical balance in investments with EIB involvement, and expects the EIB and the Commission to deliver appropriate technical and administrative assistance to project preparation in countries that need it;
2016/10/17
Committee: TRAN
Amendment 67 #

2016/2099(INI)

Draft opinion
Paragraph 6
6. Stresses the importance in combating climate change of the goals set by COP 21 with regard to transporNotes the conclusions of the COP 21 summit; underlines that the financial means should be available to bring about a modal shift from road to rail and waterborne and inland waterway transport; insists also that attention should be paid to investment in clean power for transport;
2016/10/17
Committee: TRAN
Amendment 79 #

2016/2099(INI)

Draft opinion
Paragraph 8
8. Notes that the EIB uses a wide range of producfinancial instruments, such as loans, guarantees, project bonds and public- private partnerships to support public and private investment in transport; stresses that it is important to coordinate various types of EU funding in order to ensure that EU transport policy objectives are met.
2016/10/17
Committee: TRAN
Amendment 14 #

2016/2072(INI)

Draft opinion
Paragraph 2
2. Considers that the digital environment offersmay present new opportunities for creators to produce and distribute their works to a wider public at a lower cost, independently of physical and geographical constraints; notes however, that an increasingly connected and digitised forum may cause an increased financial strain on creators with limited resources, when being placed in a larger competitive sphere;
2016/09/13
Committee: JURI
Amendment 26 #

2016/2072(INI)

Draft opinion
Paragraph 3
3. Recalls in this context that CCIs predominantly consist of a myriad of micro-, small and medium sized enterprises and freelancers, with limited bargaining power vis-à-vis the new digital outlets and illegal non-passive intermediary activities;
2016/09/13
Committee: JURI
Amendment 33 #

2016/2072(INI)

Draft opinion
Paragraph 4
4. Stresses thereforeNotes, that business models are challenged by continuous digital innovation and that the economic value of content is being displaced towards the end of the value chain thereby upsetting the system through which the creative community draws value from content, while facing losses resulting also from piracyneeds to be redefined in order to establish a modern approach when it comes to assessing effects of increased digitization;
2016/09/13
Committee: JURI
Amendment 42 #

2016/2072(INI)

Draft opinion
Paragraph 5
5. Calls on the Commission, to encourage enhanced cooperation between Member States authorities and industry in order to effectively address the circulation of illegal digital content and to examine the different options, focusing on copyright related contracts, for improving fair remuneration of creators thereby rewarding creativity and innovation while promoting transparency in the copyright value chain in the digital environment, and safeguarding national cultural and linguistic specificities and stimulating economic activity;
2016/09/13
Committee: JURI
Amendment 25 #

2016/2062(INI)

Draft opinion
Paragraph 1
1. Welcomes the Commission’s communication on ‘An Aviation Strategy for Europe’; stresses that action is needed to reinforce the social agenda and maintain high-quality jobs in aviation; believes that ensuring a level playing field in the sector is crucial;
2016/09/09
Committee: EMPL
Amendment 36 #

2016/2062(INI)

Draft opinion
Paragraph 2 a (new)
2a. Stresses the social role and the importance of affordable air transport for the efficient functioning of the free movement of persons in the EU; underlines that any regulations in this area should not cause a high rise of prices and costs of air services for passengers;
2016/09/09
Committee: EMPL
Amendment 53 #

2016/2062(INI)

Motion for a resolution
Recital D a (new)
Da. whereas the availability and variety of flight connections is extremely important for economic development, and whereas there is a very strong correlation between the level of air connectivity and GDP, since it is estimated that increasing air connectivity increases GDP per capita by 0.5%1a; __________________ 1aAirport Industry Connectivity Report, Airport Council International, 2015.
2016/10/13
Committee: TRAN
Amendment 57 #

2016/2062(INI)

Motion for a resolution
Recital D b (new)
Db. whereas the objective of supporting economic development in the Member States through increased air connectivity should be not only to expand the network of connections but also to ensure an appropriate quality of connectivity in terms of flight frequency, network range and convenience of schedules;
2016/10/13
Committee: TRAN
Amendment 60 #

2016/2062(INI)

Motion for a resolution
Recital D c (new)
Dc. whereas economic growth generates better results in the aviation sector, while air traffic growth promotes economic growth, confirming that air transport acts as a catalyst for a country’s economic development;
2016/10/13
Committee: TRAN
Amendment 75 #

2016/2062(INI)

Draft opinion
Paragraph 6
6. Stresses the need to prevent social dumpingviolation of workers' rights and possible illegal use of foreign workers on board EU- registered planes;
2016/09/09
Committee: EMPL
Amendment 96 #

2016/2062(INI)

Motion for a resolution
Paragraph 3
3. Believes that the European aviation sector can fit into a competitive global environment by further building on and developing its assets; believes that competition from third countries, if fair, should be seen as an opportunity to develop further a European aviation model; stresses that the Commission should take more decisive action to protect the European aviation sector from unfair competition from operators in third countries, particularly with regard to unlimited state aid, but points out that no action in this regard should lead to restrictions on the consumer’s freedom to choose the best offer;
2016/10/13
Committee: TRAN
Amendment 120 #

2016/2062(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Stresses that air services agreements contribute to the implementation of the European Neighbourhood concept and aim to extend the EU Single Aviation Market; in this points out its importance for strengthening the Easterner Partnership cooperation;
2016/10/13
Committee: TRAN
Amendment 144 #

2016/2062(INI)

Motion for a resolution
Paragraph 5
5. Calls on the Commission to implement the concept of a European upper flight information region, which is to form a ‘Trans-European Motorway of the Sky’, to overcome the difficult implementation of SES, in particular the functional airspace blocks, and to allow continuity of air services in the most vulnerable parts of the air space, while ensuring a proper deployment of the Single European Sky ATM Research (SESAR) project; reminds that one of the biggest challenges associated with the deployment of SESAR is its management structure or architecture that identifies the relevant entities and processes.
2016/10/13
Committee: TRAN
Amendment 175 #

2016/2062(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Stresses the vital importance of the aviation sector for the development of tourism in the European Union; notes that the number and quality of air connections is a factor in the growth in the number of tourists visiting Europe and increases the diversity of tourism on offer; stresses the particular importance of regional and local airports for increasing the accessibility to tourists of mountainous and hard-to-reach regions;
2016/10/13
Committee: TRAN
Amendment 187 #

2016/2062(INI)

Motion for a resolution
Paragraph 9
9. Believes that the benefits of the complementarity of all modes of transport should be unleashed to improve mobility and achieve a resilient transport network; points out that intermodality is the only way to assure the dynamic and sustainable development of a competitive EU aviation sector; underlines that intermodality allows a more efficient use of infrastructure, by expanding airport catchment areas, which would also free up slots and contribute to creating a favourable environment for trade, tourism and cargo operations; stresses, in particular, the benefits of complementarity between air and rail transport in raising the level of transport services, and recognises the successes achieved in this field in the integration of rail and air infrastructure, as well as examples of joint offers and integrated ticketing by airlines and rail operators;
2016/10/13
Committee: TRAN
Amendment 192 #

2016/2062(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Stresses that the region of Central and Eastern Europe is characterized by a lower number and poorer quality of air connections compared to Western part of the EU. These connectivity gaps were identified by an independent analysis conducted by PricewaterhouseCoopers (PwC) at the request of the European Commission1a as well as analysis conducted by ACI Europe1b; __________________ 1aOverview of Air Transport and Current and Potential Air Connectivity Gaps in the CESE Region, PwC, December 2014. 1bAirport Industry Connectivity Report, Airport Council International, 2015.
2016/10/13
Committee: TRAN
Amendment 200 #

2016/2062(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Appreciates that European Commission identified the issue of gaps in connectivity in recently developed Aviation Strategy for Europe. However, since the proposed solutions are of a limited potential, encourages the European Commission to monitor the air connectivity within the EU, especially in the CEE region, and to develop further proposals aimed at reducing the gaps in the access to air transport services;
2016/10/13
Committee: TRAN
Amendment 201 #

2016/2062(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Stresses the particular importance of regional airports for increasing the connectivity of Europe’s poorly developed regions; points out that many of these airports have been modernised using EU funds, and that their potential has been taken into account by including them in the TEN-T network;
2016/10/13
Committee: TRAN
Amendment 212 #

2016/2062(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Stresses the need to address the issue of clogged transport links between airports and urban centres; notes the need for close integration of the public transport network and the aviation infrastructure;
2016/10/13
Committee: TRAN
Amendment 292 #

2016/2062(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Notes that affordability of air transport is an important factor in the development of this sector, and that increasing passenger numbers are the best assurance for the success of investments in this area; stresses that any action taken at European level must not lead to a significant increase in the prices of air services;
2016/10/13
Committee: TRAN
Amendment 314 #

2016/2062(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Stresses the particular importance and social role of affordable air transport for the efficient functioning of the free movement of persons in the EU; notes that the dynamic growth of this sector in recent years and the steady increase in passenger numbers has been connected, among other things, with labour migration within the EU, which has contributed to an increase in economic growth rates in many Member States;
2016/10/13
Committee: TRAN
Amendment 326 #

2016/2062(INI)

Motion for a resolution
Paragraph 17 b (new)
17b. Notes that the market for remotely piloted aircraft (RPAS) is growing rapidly, and that such aircraft are increasingly used for private purposes, in commercial activities and by public authorities in the performance of their prerogatives; stresses that this market may support the creation of jobs and be a source of innovation and economic growth in the coming years; highlights the dangers posed by the improper use of drones for air transport and stresses the need to address this problem in the design of the infrastructure;
2016/10/13
Committee: TRAN
Amendment 332 #

2016/2062(INI)

Motion for a resolution
Paragraph 17 c (new)
17c. Notes that the idea of creating at European level a uniform legal framework to regulate civil use of RPAS, and in future the use of remotely piloted aircraft in non-segregated airspace, deserves support; notes, however, that not all the rules operating in traditional aviation can be applied directly to unmanned aviation;
2016/10/13
Committee: TRAN
Amendment 335 #

2016/2062(INI)

Motion for a resolution
Paragraph 17 d (new)
17d. |Notes that the Galileo and Copernicus satellite programmes offer a new development perspective for innovative EU businesses, and that entrepreneurs involved in satellite applications, the scientific community and the services sector working on the development of satellite technologies offer development potential for the EU, increase its independence in terms of the security and safety of citizens and access to information and help to create a stable system for providing a return on investment and increasing the competitiveness of the European economy.
2016/10/13
Committee: TRAN
Amendment 9 #

2016/2059(INI)

Draft opinion
Paragraph 1 a (new)
1a. Points out that the prospect of a dramatic expansion of around 50% in global supply of LNG over the next few years and consequently of lower prices presents a major opportunity for the EU, particularly when it comes to gas security and resilience;
2016/06/22
Committee: TRAN
Amendment 10 #

2016/2059(INI)

Draft opinion
Paragraph 1 b (new)
1b. Stresses that the necessary infrastructure needs to be in place to complete the internal market and allow all Member States to benefit from access to international LNG markets, either directly or via other Member States;
2016/06/22
Committee: TRAN
Amendment 11 #

2016/2059(INI)

Draft opinion
Paragraph 1 c (new)
1c. Calls on the EU to complete the internal gas market so that it sends the right price signals – both to attract LNG to where it is needed and to allow the necessary investments in infrastructure to take place;
2016/06/22
Committee: TRAN
Amendment 12 #

2016/2059(INI)

Draft opinion
Paragraph 1 d (new)
1d. Calls on the EU to step up its efforts to cooperate closely with international partners to promote free, liquid and transparent global LNG markets;
2016/06/22
Committee: TRAN
Amendment 30 #

2016/2059(INI)

Draft opinion
Paragraph 3 a (new)
3a. Stresses the need to pursue the work on establishing a harmonised regulatory and standardisation framework that promotes the development of LNG in maritime transport; stresses at the same time that this work should be carried out in close cooperation with the International Maritime Organisation (IMO);
2016/06/22
Committee: TRAN
Amendment 31 #

2016/2059(INI)

Draft opinion
Paragraph 3 b (new)
3b. Points out that past experience has shown that, owing to technical requirements, including the size and weight of refuelling installations, LNG in land transport appears viable only for larger vehicles, such as lorries and buses, whereas for passenger cars the best solution would appear to be based on LPG or CNG technologies; considers, therefore, that EU support in this regard should remain technologically neutral;
2016/06/22
Committee: TRAN
Amendment 32 #

2016/2059(INI)

Draft opinion
Paragraph 3 c (new)
3c. Stresses that the strategy should also include the use of LNG as an alternative to the development of gas distribution and transmission infrastructure in areas where it is not currently cost-effective; notes that small LNG installations can provide the optimal infrastructure for increasing the use of natural gas in areas where investments in gas infrastructure are unprofitable, including for increasing the use of gas to generate heat and thus curb so-called low-stack emissions;
2016/06/22
Committee: TRAN
Amendment 38 #

2016/2059(INI)

Draft opinion
Paragraph 4
4. Calls on the Member States to ensure implementation of Directive 2014/94/EU on the deployment of alternative fuels infrastructure, within the prescribed time limits, in particular as regards the establishment of LNG refuelling points, at least along the existing TEN-T Core Network, to ensure that LNG heavy-duty motor vehicles can circulate throughout the Union, and at maritime and inland ports to enable LNG inland waterway vessels or sea-going ships to circulate throughout the TEN-T Core Network; recalls that Member States should assess, in their national policy frameworks, in close cooperation with their regional authorities, the need to install refuelling points for LNG in ports outside the TEN-T Core Network; stresses that the EU should now focus on finalising the transposition of Directive 2014/94/EU in order to establish common technical specifications and should closely monitor the results of those activities;
2016/06/22
Committee: TRAN
Amendment 50 #

2016/2059(INI)

Draft opinion
Paragraph 4 a (new)
4a. Stresses that the TEN-E Regulation, together with the Connecting Europe Facility, establishes an appropriate policy framework for also supporting the EU’s gas infrastructure, including transmission, LNG terminals and storage, making it considerably easier to identify projects the EU needs and ensuring their implementation;
2016/06/22
Committee: TRAN
Amendment 14 #

2016/2057(INI)

Draft opinion
Recital C
C. whereas the WTO Doha Declaration on the TRIPS Agreement and Public Health acknowledges the role of intellectual property protection in the development of new medicines, while expressing concerns about its effects on prices, while especially keeping in mind drug development cycles;
2016/10/04
Committee: JURI
Amendment 18 #

2016/2057(INI)

Draft opinion
Recital D
D. whereas competition can lower costs, reduce expenditure on medicinesis an important factor in the overall balance of the pharmaceutical market and may positively affect and improved access to affordable medicines and foster more research and innovation;
2016/10/04
Committee: JURI
Amendment 47 #

2016/2057(INI)

Draft opinion
Paragraph 2 b (new)
2b. Considers that for a certain time period exclusive protection periods may be necessary in order to not disrupt the drug trial periods and thereby end the drug development cycle;
2016/10/04
Committee: JURI
Amendment 48 #

2016/2057(INI)

Draft opinion
Paragraph 2 c (new)
2c. Notes, that awareness and monitoring is an important aspect of the competent authorities and believes, that improved awareness campaigns are a tool to improve a better understanding of the complex drug development processes for both business and consumers;
2016/10/04
Committee: JURI
Amendment 57 #

2016/2057(INI)

Draft opinion
Paragraph 3 a (new)
3a. Notes that certain markets may benefit from more efficient monitoring and training for competent authorities as well as better inter-governmental cooperation in terms of exchange of best- practises;
2016/10/04
Committee: JURI
Amendment 62 #

2016/2057(INI)

Draft opinion
Paragraph 4
4. Calls on the Commission to undertake a critical review of the impact of intellectual-property-related incentives on biomedical innovation, to explore alternatives to monopolies for the financing of medical R&D and to evaluate the functioning of the applicable limitations to patent allocationsassess areas where existing legislation may benefit from a modernisation or streamlining approach;
2016/10/04
Committee: JURI
Amendment 80 #

2016/2057(INI)

Draft opinion
Paragraph 7
7. Calls on the Commission to establish full transparency on the results of publicly financed R&D so that patenting and licensing conditions guarantee a public health return on public investments and reflect the structure of R&D funding.deleted
2016/10/04
Committee: JURI
Amendment 10 #

2016/2047(BUD)

Draft opinion
Paragraph 2
2. Underlines that Union transport policy, in particular with regard to the Tran-European transport Network, is one of the most successfulambitious Union policies; points out that the TEN-T network plays a fundamental role in commercial exchanges within the Union and outside its territory, contributing to the wealth of its citizens; recalls therefore the importance of financing missing and cross- border links of the TEN-T network;
2016/07/29
Committee: TRAN
Amendment 15 #

2016/2047(BUD)

Draft opinion
Paragraph 3
3. Notes that the European Fund for Strategic Investments (EFSI) didis not produceing the expected results as regards transport infrastructures, reflecting not only the nature and risk level of transport projects, but also investor interest in this instrument; stresses therefore that cuts in the Connecting Europe Facility (CEF) should not be further used to finance EFSI; strongly requests that the cuts in CEF to finance the EFSI programme are restored within the framework of the revision of the Multiannual Financial Framework or are at least earmarked for transport infrastructure projects with European added value;
2016/07/29
Committee: TRAN
Amendment 29 #

2016/2047(BUD)

Draft opinion
Paragraph 4
4. Points at two key transport policy areas closely related to infrastructure development, i.e. the establishment of the European Rail Traffic Management System (ERTMS) and the promotion of Motorways of the Sea and inland waterways which aim at relieving land transport corridors and may constitute their "maritimwaterborne leg"; stresses that it is of upmost importance for the sustainability of transport in the Union that goods and passenger traffics are shifted from road to rail and, maritime and inland means of transport; therefore underlines the vital importance of adequately funding the development of ERTMS and, promoting Motorways of the Seas; underlines also the need to revitalise inland waterway transport in Europe and inland waterways;
2016/07/29
Committee: TRAN
Amendment 34 #

2016/2047(BUD)

Draft opinion
Paragraph 5
5. Welcomes the conclusion of the fourth railway package; underlines the greater role of the European Railway Agency in terms of certification and technical infrastructure development, which must therefore be adequately financed; believes that continuous efforts should also be put on research and innovation in the rail sector and calls on adequate funding for the Shift2Rail Joint Undertaking;
2016/07/29
Committee: TRAN
Amendment 41 #

2016/2047(BUD)

Draft opinion
Paragraph 6
6. Stresses the importance ofNotes the goals set by COP 21 with regard to transport in order to combat climate changereduce emissions; underlines that financial means should be available to ensure a modal shift from road to rail and, waterborne and inland transport and encouraging Member States to invest in smart, sustainable, integrated public transport; recommends also paying attention to noise reduction in transport to provide citizens with an environment of high quality;
2016/07/29
Committee: TRAN
Amendment 48 #

2016/2047(BUD)

Draft opinion
Paragraph 8
8. Underlines the key role of digital technology in the development of efficient and sustainable transport; encourages the Commission to support innovation and the development of innovative solutions for all transport sectors to the benefit of all Union citizens and tourists; underlines that there is a need to balance the needs and expectations of consumers and the functioning of tourist and transport service providers based on new business models in a way which is favourable for both parties;
2016/07/29
Committee: TRAN
Amendment 67 #

2016/2047(BUD)

Draft opinion
Paragraph 9
9. Recalls the political importance of addressing the refugee and migrant issue andUnderlines the contribution the European Maritime Safety Agency can make to improving the safety of the Union’s external borders; emphasises the importance of adequate funding to ensure optimal use of state-of- the-art technology, information sharing and staff training;
2016/07/29
Committee: TRAN
Amendment 14 #

2016/2045(INI)

Motion for a resolution
Recital B
B. whereas since being established it has been mobilised in connection with 70 disasters linked to a wide range of phenomena, such as flooding, forest fires, earthquakes, storms and, more recently, drought; whereas the EU Solidarity Fund remains one of our strongest symbols of solidarity in times of need;
2016/07/20
Committee: REGI
Amendment 18 #

2016/2045(INI)

Motion for a resolution
Recital B a (new)
Ba. believes that the European Union Solidarity Fund is an effective and important tool set up in 2002 in order to show EU solidarity towards disaster- stricken regions within Europe after severe floods in Central Europe;
2016/07/20
Committee: REGI
Amendment 23 #

2016/2045(INI)

Motion for a resolution
Recital C a (new)
Ca. believes that the Solidarity Funds has a major role to play in case of naturel disasters and is a valuable financial instrument for Members States facing unforeseen situations;
2016/07/20
Committee: REGI
Amendment 24 #

2016/2045(INI)

Motion for a resolution
Recital D
D. whereas the European Parliament strongly supported the proposed changes, most of which it had already called for in previous resolutions; whereas the last reform in general terms, simplified requests for intervention so that aid can be paid out more rapidly;
2016/07/20
Committee: REGI
Amendment 55 #

2016/2045(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Stresses that the instrument is generally meeting its objectives well but it was considered not to be sufficiently responsive, as certain criteria for its activation are too complicated or not sufficiently clear;
2016/07/20
Committee: REGI
Amendment 67 #

2016/2045(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Calls on the European Commission and the Member States to establish risk prevention and risk management strategies;
2016/07/20
Committee: REGI
Amendment 97 #

2016/2045(INI)

Motion for a resolution
Paragraph 14
14. Reiterates its call, therefore, that in the near future the eligibility threshold for regional natural disasters should be set at 1 % of regional GDP, in particular for the regions worst affected by the economic crisis and the refugee crisis;
2016/07/20
Committee: REGI
Amendment 3 #

2016/2011(INI)

Motion for a resolution
Recital B
B. whereas the report is almost two years late and does not include an extended impact assessment for each Member State as required, considering the different legal provisions in all Member States and their interoperability, but only an incomplete statistical table;
2016/07/14
Committee: JURI
Amendment 6 #

2016/2011(INI)

Motion for a resolution
Recital C
C. whereas the operation of the procedure seems largely satisfactory, but the procedure is still under-usedworking greatly below its full potential;
2016/07/14
Committee: JURI
Amendment 14 #

2016/2011(INI)

Motion for a resolution
Recital D
D. whereas more should, therefore, be done to inform businesses, legal professionals, citizens and other relevant parties of the existence and advantages of the procedure through targeted awareness campaigns;
2016/07/14
Committee: JURI
Amendment 18 #

2016/2011(INI)

Motion for a resolution
Recital E
E. whereas, in certain Member States, orders should be issued more quickly and withinin order to meet the 30-day deadline set out by the regulation;
2016/07/14
Committee: JURI
Amendment 21 #

2016/2011(INI)

Motion for a resolution
Recital G
G. whereas more Member States should follow the French example and allow claimants to submit their applications in additional languages or otherwise facilitate support measures, in order to minimise error-margins resulting from the use of a foreign language;
2016/07/14
Committee: JURI
Amendment 24 #

2016/2011(INI)

Motion for a resolution
Recital H
H. whereas the streamlined nature of the procedure does not mean that it can be misused to enforce unfair contractual terms and all relevant parties should be informed about rights and procedures;
2016/07/14
Committee: JURI
Amendment 26 #

2016/2011(INI)

Motion for a resolution
Recital I
I. whereas the standard forms need revising and future periodic review in order to update the list of EU Member States and currencies, and to make better provisions for the payment of interest on claims;
2016/07/14
Committee: JURI
Amendment 27 #

2016/2011(INI)

Motion for a resolution
Recital I a (new)
Ia. whereas the costs of the judicial affairs abroad, and also the excessive length of proceedings in some Member States, to hold proceedings on the basis of the European Order for Payment is much cheaper and faster, especially in times of such intense international exchange of goods;
2016/07/14
Committee: JURI
Amendment 34 #

2016/2011(INI)

Motion for a resolution
Paragraph 3
3. Regrets the lack of an extended impact assessment for each Member State in the Commission's report, as required by Article 32 of Regulation (EC) No 1896/2006, and calls on the Commission to produce an extended impact assessment for each Member State as soon as possiblewithout further delay;
2016/07/14
Committee: JURI
Amendment 40 #

2016/2011(INI)

Motion for a resolution
Paragraph 5
5. Considers that it is necessary to further inform all relevant businesses and legal professionalparties of the availability of the European Order for Payment Procedure in cross-border cases;
2016/07/14
Committee: JURI
Amendment 42 #

2016/2011(INI)

Motion for a resolution
Paragraph 6
6. Stresses the need to holdimplore Member States to account in providinge the Commission with accurate and comprehensive data for the effective monitoring and evaluation purposes;
2016/07/14
Committee: JURI
Amendment 56 #

2016/2011(INI)

Motion for a resolution
Paragraph 10
10. Considers that a future review of the regulation should look at removing certain exceptions to the scope of the procedure, which do not undermine existing law or Member States specific national competences and at revising the provisions on the review of European Orders for Payment;
2016/07/14
Committee: JURI
Amendment 12 #

2016/2010(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the postal market, despite falling letter volumes, is still an area of the economy with strong prospects for growth and increasing competition;
2016/06/08
Committee: TRAN
Amendment 20 #

2016/2010(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas the lack of restrictions on access to the market for postal services has increased competition between operators, thereby fostering the development of individual sectors of the market;
2016/06/08
Committee: TRAN
Amendment 22 #

2016/2010(INI)

Motion for a resolution
Recital C b (new)
Cb. whereas in the coming years the position of postal market operators will be determined by their technical and organisational potential to provide a comprehensive service, as well as their ability to adapt to the challenges posed by digital communication and e-commerce, as well as by growing customer expectations;
2016/06/08
Committee: TRAN
Amendment 60 #

2016/2010(INI)

Draft opinion
Paragraph 6 a (new)
6a. Stresses the particular importance of public postal operators providing a universal service for promoting high standards of working conditions in the postal services sector;
2016/05/09
Committee: EMPL
Amendment 67 #

2016/2010(INI)

Motion for a resolution
Paragraph 5
5. Stresses the importance of providing a high-quality universal service under affordable conditions, comprising at least five delivery and five collection days a week for every EU citizen; notes that in some Member States national regulation exceeds the flexibility provided for notes that in compliance with the European Directive, the Universal Service Obligation is applied differently across Member States, reflecting certain flexibility for Member States to define the PostUniversal Services Directive; calls on the Commission to reaffirm that low population density Obligation to fit their domes not constitute grounds for reducing the frequency of delivery within the universal service obligationtic circumstances and ensure its long-term sustainability;
2016/06/08
Committee: TRAN
Amendment 76 #

2016/2010(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Calls for a flexible approach of the implementation of the Postal Services Directives taking into account the right of Member States to make use of the flexibility offered by the Postal Services Directive and the need to adapt to evolving markets and local specificities.
2016/06/08
Committee: TRAN
Amendment 83 #

2016/2010(INI)

Draft opinion
Paragraph 9 a (new)
9a. Calls on the Commission and the Member States, when drawing up new regulations relating to the postal services market, and particularly in relation to the process of creating the Digital Single Market, to take into account the strategic importance of public postal operators providing a universal service and the need to ensure high standards of protection of workers' rights in the postal services sector;
2016/05/09
Committee: EMPL
Amendment 106 #

2016/2010(INI)

Motion for a resolution
Paragraph 8
8. Calls on the Commission to work on a harmonised definition of universensure Member States the flexibility already provided in the Postal sService which stipulates a minimum level of service for consumers; calls on the Member States to further harmonise licensing procedures in order to reduce unjustified barriers within the internal markets Directive to make the Universal Service Obligation fit to evolving markets and changing users' needs in order to ensure its sustainability; this flexibility should apply to licensing procedures as well;
2016/06/08
Committee: TRAN
Amendment 126 #

2016/2010(INI)

Motion for a resolution
Paragraph 10
10. AConsiders competition and the market to be the best drivers for innovation and the development and asks the Commission to lay dowsupport innovation minimum standards for the sector in order to promote value-added services such as track-and-trace, pick- up/drop-off locations, the ability to choose a delivery time, and suitable return procedures;
2016/06/08
Committee: TRAN
Amendment 141 #

2016/2010(INI)

Motion for a resolution
Paragraph 11
11. Considers that service quality should be assessed on the basis of minimum Europe-wide standards with a view to creating a fully integrated European postal sector;deleted
2016/06/08
Committee: TRAN
Amendment 156 #

2016/2010(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Recognises the investments made by the European postal sector to upgrade the interconnectivity of their networks in order to offer new and easy-to-use services to SME e-retailers selling cross border; considers that these investments should be protected with fair access conditions.
2016/06/08
Committee: TRAN
Amendment 168 #

2016/2010(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Considers that the dynamics of the highly competitive, innovative and fast- growing parcel market should not be hampered by unjustified regulation and unnecessary bureaucracy;
2016/06/08
Committee: TRAN
Amendment 192 #

2016/2010(INI)

Motion for a resolution
Paragraph 16
16. Asks the Member States and the Commission to improve transparency as regards pricing conditions and service performance (delivery options, final delivery, reliability), especially when it comes to e-commerce where necessary; stresses the importance of affordable cross- border delivery prices in closing the gap between domestic and cross-border prices; calls on the Commission to explore why, especially for consumers and SMEs; calls on the National Regulatory Authorities to assess the affordability of prices oin some cross- border routes are higher in one directiin cases of apparent and unreasonable anomalies on than the other;ad-hoc basis
2016/06/08
Committee: TRAN
Amendment 208 #

2016/2010(INI)

Motion for a resolution
Paragraph 18
18. Encourages the Member States to support cost reductions by improving the interoperability of parcel dispatch and collection processes, and to develop European standards for integrated tracking systems; recalls the need to promote the quality, reliability and sustainability of integrated logistics services; encourages the creation of platforms for cooperation and information exchange between delivery operatorsAppreciates the progress made by the industry in serving consumers and SMEs across the borders by enhancing interoperability, track and trace, more choices of delivery options and return solutions; evaluate the progress as confirming the market approach supported and requested by the European Parliament;
2016/06/08
Committee: TRAN
Amendment 50 #

2016/0403(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
1. "information on the good repute of a provider" means information as referred to in Article 33 (1) of Directive 2006/123/EC;, provided that this means only completed procedures.
2017/12/05
Committee: JURI
Amendment 57 #

2016/0403(COD)

Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point b
(b) identification of the service activity, the host Member State, the type of European services e-card envisaged;, provided that the identification refers only to statistics, not to the description of an activity.
2017/12/05
Committee: JURI
Amendment 58 #

2016/0403(COD)

Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point c
(c) indication whether provision of information society services are envisagdeleted;
2017/12/05
Committee: JURI
Amendment 60 #

2016/0403(COD)

Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point d
(d) information pertaining to establishment of the provider in the home Member State in relation to the service activity identified in accordance with (b), including the date of initial establishment and identification of other Member States of establishment;
2017/12/05
Committee: JURI
Amendment 61 #

2016/0403(COD)

Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point f
(f) information on the good repute of the provider;deleted
2017/12/05
Committee: JURI
Amendment 62 #

2016/0403(COD)

Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point h
(h) a reference to previously issued European services e-cards for the same provider and service activity as identified in accordance with (a) and (b).deleted
2017/12/05
Committee: JURI
Amendment 68 #

2016/0403(COD)

Proposal for a regulation
Article 4 – paragraph 4
4. Member States shall provide to the Commission with all information on the procedural steps related to requirements imposed on providers for the provision of services through a branch, agency or office and for temporary cross-border provision of service activities falling under Directive …[ESC Directive]……….., necessary for the development of the standard application forms, describing the information and documents the presentation of which is required under national law of the provider in relation to all applicable requirements, through IMI by [912 months after entry into force of this Regulation] to the extent that the information was not contained in the notification of the requirement itself already submitted under Articles 15(7) and 39(5) of Directive 2006/123/EC.
2017/12/05
Committee: JURI
Amendment 106 #

2016/0403(COD)

Proposal for a regulation
Article 17 – paragraph 1
1. For the purposes of this Regulation, each Member State shall designate one or more coordinating authorityies, empowered to perform the tasks assigned to them in accordance with this Regulation.
2017/12/05
Committee: JURI
Amendment 107 #

2016/0403(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. Member States shall communicate the identity of the coordinating authorities designated in accordance with paragraph 1 to the Commission by [912 months after entry into force of this Regulation] at the latest and register it in IMI in accordance with Article 5(f) of Regulation (EU) 1024/2012.
2017/12/05
Committee: JURI
Amendment 52 #

2016/0402(COD)

Proposal for a directive
Article 2 – paragraph 1
1. This Ddirective applies to the services listed in the Annexactivities for construction and engineer of buildings, including services in the area of installation and maintenance of equipment except of installation, servicing, maintenance, repair, checking for leaks or decommissioning of equipment that contains fluorinated greenhouse gases of whose functioning relies upon those gases for which certification or attestation is required under Articles 3(4) and 10 of Regulation 517/2014.
2017/12/06
Committee: JURI
Amendment 60 #

2016/0402(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 1
1. "home Member State" means the Member State toin which a provider addressed the application for a European services e-card;ose territory the provider of the service concerned is established.
2017/12/06
Committee: JURI
Amendment 63 #

2016/0402(COD)

Proposal for a directive
Article 4 – paragraph 1
Member States shall accept a valid European services e-card as proof that its holder is established in the territory of his home Member State and is entitled, in that territory as well as in the territory of the host Member State after completing the required procedures and receiving a final, positive decision from the competent authorities of the host Member State, to provide the service activities covered by the e-card.
2017/12/06
Committee: JURI
Amendment 65 #

2016/0402(COD)

Proposal for a directive
Article 4 – paragraph 1 a (new)
After the holder completed the required procedures and received the final, positive decision by the competent authorities of the host Member State, his e-card shall be a proof that its holder is entitled to perform activity in the territory of the host Member State.
2017/12/06
Committee: JURI
Amendment 66 #

2016/0402(COD)

Proposal for a directive
Article 4 – paragraph 1 b (new)
After the holder completed the required procedures and received the final, positive decision by the competent authorities of the host Member State, his e-card shall be a proof that its holder is entitled, in that territory, to provide the service activities covered by the e-card.
2017/12/06
Committee: JURI
Amendment 72 #

2016/0402(COD)

Proposal for a directive
Article 5 – paragraph 4 – point ii
(ii) requirements and other obligations, prohibitions, conditions or limits imposed on providers in the context of selection procedures of candidates for the provision of services under a public contract, a design contest or a concession;deleted
2017/12/06
Committee: JURI
Amendment 73 #

2016/0402(COD)

Proposal for a directive
Article 5 – paragraph 4 – point iii
(iii) authorisation schemes, notification schemes or requirements concerning conditions specifically related to the site where the service is provided or to the site where the provider is established;deleted
2017/12/06
Committee: JURI
Amendment 74 #

2016/0402(COD)

Proposal for a directive
Article 5 – paragraph 5
5. Paragraphs 1, 2 and 3 are without prejudice to reporting obligations imposed on the holder of a European services e-card or the performance of checks, inspections or investigations from competent authorities during the provision of the service, in compliance with EU law. During the checks, the authorities competent for inspections or investigations should take into account the e–card as a proof of completion of the requirements set out in an e–card.
2017/12/06
Committee: JURI
Amendment 78 #

2016/0402(COD)

A European services e-card for establishment shall be valid, as regards the service activities covered by that e-card, throughout the territory of the host Member State through one or more branches, agencies or offices located in the territory of this Member State except where an authorisation for each additional branch, agency or office is based on the provisions justified in accordance with Article 10(4) of Directive 2006/123/EC.
2017/12/06
Committee: JURI
Amendment 81 #

2016/0402(COD)

Proposal for a directive
Article 8 – paragraph 1
Member States shall ensure that providers with establishment in the territory of one Member State shall have the right to submit an application for a European services e-card to the coordinating authority of that sae home Member State.
2017/12/06
Committee: JURI
Amendment 82 #

2016/0402(COD)

Proposal for a directive
Article 10 – paragraph 1
In assessing applications for the European services e-card, Member States shall retainve the right to invoke those overriding reasons of public interests, when this is based on the provisions which justify it, recognised under Directive 2006/123/EC, in particular Article 16 thereof, or other acts of EU law.
2017/12/06
Committee: JURI
Amendment 86 #

2016/0402(COD)

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part
The coordinating authority of the home Member State shall within onetwo weeks of having received an application for a European services e-card:
2017/12/06
Committee: JURI
Amendment 94 #

2016/0402(COD)

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Within two weeks from receiving the application the coordinating authority of the host Member State shall examine it and inform the applicant and the home Member State of any requirements applicable to temporary cross-border provisions under the legislation of the host Member State with the exception of those referred to in Article 5(4). The application form has to include the information about above mentioned requirements. In line with the rights of Member States as referred to in Article 10, the coordinating authority of the host Member State may within the same time- limit, decide to object to the issue of the European services e-card by the coordinating authority of the home Member State where it demonstrates that the application of a prior authorisation scheme, prior notification scheme or requirements to the applicant is justified for one of those overriding reasons of public interest set out in Article 16 of Directive 2006/123/EC or is admissible in accordance with other acts of EU law. The objection of an application should be always justified.
2017/12/06
Committee: JURI
Amendment 100 #

2016/0402(COD)

Proposal for a directive
Article 12 – paragraph 2 a (new)
2a. Before issuing the objection by the coordinating authority of the host Member State, the applicant shall have a possibility to fulfil the requirements to which he was not obliged in the home Member State. In that case, the time-limit referred to in paragraph 1, shall automatically be extended by two additional weeks. The electronic platform, where the application for a European services e-card has been submitted, shall issue an alert to the coordinating authority of the home Member State to the effect that failure to fulfil requirements by applicant shall imply that the European services e-card shall not be issued to the applicant.
2017/12/06
Committee: JURI
Amendment 106 #

2016/0402(COD)

Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1
In the context of a procedure for issuing a European services e-card for establishment in the form of a branch, agency or office, the coordinating authority of the host Member State shall, within fourtwo weeks from receiving the application, identify which, if any, prior authorisation scheme or prior notification scheme as referred to in Article 5(2) is applicable, in compliance with EU law, to such establishment. If such a prior authorisation scheme or prior notification scheme has been identified, the host Member State shall also identify the conditions which the applicant is required to comply with, with the exception of those referred to in Article 5(5). The host Member State shall indicate why the application of such a prior authorisation scheme or prior notification scheme is necessary and proportionate for the pursuance of overriding reasons of public interest.
2017/12/06
Committee: JURI
Amendment 108 #

2016/0402(COD)

Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2
The host Member State shall immediately inform the applicant and the coordinating authority of the home Member State of the prior authorisation or prior notification scheme in question, the conditions which the applicant is required to comply with and of the necessity and proportionality thereof.
2017/12/06
Committee: JURI
Amendment 111 #

2016/0402(COD)

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1
The coordinatingmpetent authority of the host Member State shall assess, within onetwo weeks upon receipt of proof of compliance with the conditions identified in accordance with paragraph 1, whether to issue the European services e-card or reject the application for the European services e- card.
2017/12/06
Committee: JURI
Amendment 112 #

2016/0402(COD)

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 2
In case the coordinatingmpetent authority of the host Member State decides to issue the European services e-card, it shall do so without delay.
2017/12/06
Committee: JURI
Amendment 113 #

2016/0402(COD)

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 3
Alternatively, the coordinatingmpetent authority of the host Member State may inform the applicant and the coordinatingmpetent authority of the home Member State of its intention to reject the application, in which case the applicant shall have a two weeks to present its observations.
2017/12/06
Committee: JURI
Amendment 115 #

2016/0402(COD)

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4
Upon receipt of the observations of the applicant or, where no observations have been made, upon expiration of the time- limit to present those observations, the coordinatingmpetent authority of the host Member State shall decide, within one week, whether to issue the European services e- card or reject the application for the European services e-card. Rejection of an application shall always be justified.
2017/12/06
Committee: JURI
Amendment 118 #

2016/0402(COD)

Proposal for a directive
Article 13 – paragraph 5 – subparagraph 1
The coordinatingmpetent authority of the host Member State shall be allowed to request necessary clarifications or necessary additional information from the home Member State or the applicant which is not yet contained in the application. In that case, the time limits referred to in paragraphs 1 and 4 are suspended until the requested necessary clarification or necessary additional information is supplied.
2017/12/06
Committee: JURI
Amendment 125 #

2016/0402(COD)

Proposal for a directive
Article 15 – paragraph 2 – point iii
(iii) is subject to a final decision, in compliance with Article 4(5) of Directive 2014/67/EC, not subject to appeal under national law, by the host Member State that it considers the holder does not meet one or more conditions applicable for temporary cross- border provision as prescribed by the first subparagraph of Article 11(1), the compliance of which, under the national law of the host Member State, is essential to continued legal provision of the services in question in its territory;
2017/12/06
Committee: JURI
Amendment 126 #

2016/0402(COD)

Proposal for a directive
Article 15 – paragraph 2 – point iv
(iv) is subject to a final decision, in compliance with Article 4(5) of Directive 2014/67/EC, not subject to appeal under national law, by the host Member State that it considers the holder does not meet one or more conditions imposed in the context of a prior authorisation or prior notification scheme applicable for establishment as prescribed by the first subparagraph of Article 12(1), the compliance of which, under the national law of the host Member State, is essential to continued legal provision of the services in question in its territory.
2017/12/06
Committee: JURI
Amendment 133 #

2016/0402(COD)

Proposal for a directive
Article 23 – paragraph 1
This Directive shall enter into force on the [twentieth] dayafter [three] years following thate day of its publication in the Official Journal of the European Union.
2017/12/06
Committee: JURI
Amendment 134 #

2016/0402(COD)

Proposal for a directive
Annex I – paragraph 1 – part 4 – paragraph 6 – subparagraph 3 a (new)
Group 82.4. registration of a branch, agency, office
2017/12/06
Committee: JURI
Amendment 135 #

2016/0402(COD)

Proposal for a directive
Annex I – paragraph 1 – part 4 – paragraph 6 – subparagraph 3 b (new)
82.5 VAT registration
2017/12/06
Committee: JURI
Amendment 136 #

2016/0402(COD)

Proposal for a directive
Annex I – paragraph 1 – part 4 – paragraph 6 – subparagraph 3 c (new)
82.6 registration for social security purposes
2017/12/06
Committee: JURI
Amendment 70 #

2016/0397(COD)

Proposal for a regulation
Recital 5
(5) It is necessary to guarantee legal certainty by clarifying that access to social security benefits for economically inactive mobile citizens in the host Member State, may be made conditional upon that citizen holding a legal right of residence in that Member State in accordance with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.33 For these purposes, an economically inactive citizen should be clearly distinguished from a jobseeker whose right of residence is conferred directly by Article 45 of the Treaty on the Functioning of the European Union. __________________ 33deleted OJ L 158, 30.4.2004, p. 77.
2018/01/23
Committee: EMPL
Amendment 87 #

2016/0397(COD)

Proposal for a regulation
Recital 7
(7) In order to ensure clarity regarding the terminology in EU law, the term “posting” should only be used for the posting of workers within the meaning of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services.34 In addition, to achieve consistency in treatment between employed and self-employed persons it is necessary that the special rules for the determination of applicable legislation in the cases of workers who are temporarily posted or sent to another Member State should apply consistently to both employed and self-employed persons. __________________ 34 OJ L 018, 21.01.1997 p. 1.deleted
2018/01/23
Committee: EMPL
Amendment 99 #

2016/0397(COD)

Proposal for a regulation
Recital 8
(8) In the area of unemployment benefits, the rules on the aggregation of periods of insurance should be applied uniformly by all Member States. With the exception of cross-border workers referred to in Article 65(2), the rules on the aggregation of periods for the purpose of conferring entitlement to unemployment benefits should be subject to the condition that an insured person has most recently completed at least three months of insurance in that Member State. The previously competent Member State should become competent for all insured persons who do not satisfy this condition. In this case, registration with the employment services of the Member State of most recent insurance should have the same effect as registration with the employment services of the Member State, where the unemployed person had been previously insuredone day of insurance in that Member State.
2018/01/23
Committee: EMPL
Amendment 117 #

2016/0397(COD)

Proposal for a regulation
Recital 10
(10) There is a need to ensure greater parity of treatment for frontier and cross- border workers by ensuring frontier workers receive unemployment benefits from the Member State of last activity provided that they have worked in that Member State for at least the past twelve months.
2018/01/23
Committee: EMPL
Amendment 162 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
3. After Recital 5, the following is inserted: ‘ (5a) The Court of Justice has held that Member States are entitled to make the access of economically inactive citizens in the host Member State to social security benefits, which do not constitute social assistance within the meaning of Directive 2004/38/EC subject to a legal right of residence within the meaning of that Directive. The verification of the legal right of residence should be carried out in accordance with the requirement of Directive 2004/38/EC. For these purposes, an economically inactive citizen should be clearly distinguished from a jobseeker whose right of residence is conferred directly by Article 45 of the Treaty on the Functioning of the European Union. In order to improve legal clarity for citizens and institutions, a codification of this case law is necessary. (5b) Member States should ensure that economically inactive EU mobile citizens are not prevented from satisfying the condition of having comprehensive sickness insurance cover in the host Member State, as laid down in Directive 2004/38/EC. This may entail allowing such citizens to contribute in a proportionate manner to a scheme for sickness coverage in the Member State in which they habitually reside. (5c) Notwithstanding the limitations on the right to equal treatment for economically inactive persons, that arise from the Directive 2004/38/EC or otherwise by virtue of Union law, nothing within this Regulation should restrict the fundamental rights recognised in the Charter of Fundamental Rights of the European Union, notably the right to human dignity (Article 1), the right to life (Article 2) and the right to healthcare (Article 35).’deleted
2018/01/23
Committee: EMPL
Amendment 237 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) 883/2004
Article 4 – paragraph 2
2. A Member State may require that the access of an economically inactive person residing in that Member State to its social security benefits be subject to the conditions of having a right to legal residence as set out in Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.44. __________________ 44 OJ L 158, 30.4.2004, p. 77.deleted
2018/01/23
Committee: EMPL
Amendment 251 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 1
1. A person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services46 or sent by that employer to another Member State to perform work on that employer’s behalf shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such work does not exceed 24 months and that the person is not posted or sent to replace another employed or self-employed person previously posted or sent within the meaning of this Article. __________________ 46 OJ L 018, 21.01.1997 p. 1.deleted
2018/01/23
Committee: EMPL
Amendment 269 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 2
2. A person who normally pursues an activity as a self-employed person in a Member State who goes to pursue a similar activity in another Member State shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such activity does not exceed 24 months and that the person is not replacing another posted employed or self-employed person..deleted
2018/01/23
Committee: EMPL
Amendment 361 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61 – paragraph 1
1. Except in the cases referred to in Article 65(2), the application of Article 6 shall be conditional on the person concerned having most recently completed a period of at least three monthsone day of insurance, employment, or self- employment in accordance with the legislation under which the benefits are claimed.
2018/01/23
Committee: EMPL
Amendment 366 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61 – paragraph 2
2. Where an unemployed person does not satisfy the conditions for the aggregation of periods in accordance with paragraph 1 because the total duration of his or her most recently completed periods of insurance, employment or self- employment in that Member State is less than three months that person shall be entitled to unemployment benefits in accordance with the legislation of the Member State where he or she had previously completed such periods under the conditions and subject to the limitations laid down in Article 64a.deleted
2018/01/23
Committee: EMPL
Amendment 403 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 21
Regulation (EC) No 883/2004
Article 64 a
21. After Article 64, the following Article 64a shall be inserted: ‘Article 64a Special rules for unemployed persons who moved to another Member State without fulfilling the conditions of Article 61(1) and Article 64 In the situations referred to in Article 61(2), the Member State to whose legislation the unemployed person was previously subject shall become competent to provide unemployment benefits. They shall be provided at the expense of the competent institution for the period laid down in Article 64(1)(c), if the unemployed person makes himself/herself available to the employment services in the Member State of most recent insurance and adheres to the conditions laid down under the legislation of that Member State. Article 64 (2) to (4) shall apply mutatis mutandis. ’deleted
2018/01/23
Committee: EMPL
Amendment 419 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 2
2. By way of derogation from paragraph 1, a wholly unemployed person who, during the last activity as an employed or self-employed person, resided in a Member State other than the competent Member State, and who had not completed at least 12 months of unemployment insurance exclusively under the legislation of the competent Member State shall make himself or herself available to the employment service of the Member State of residence. Such a person shall receive benefits in accordance with the legislation of the Member State of residence as if he or she had completed all periods of insurance under the legislation of that Member State. Those benefits shall be provided by the institution of the Member State of residence. Alternatively, a wholly unemployed person referred to in this paragraph, who would be entitled to an unemployment benefit solely under the national legislation of the competent Member State if he or she resided there, may instead opt to make themselves available to the employment services in that Member State and to receive benefits in accordance with the legislation of that Member State as if he or she were residing there.deleted
2018/01/23
Committee: EMPL
Amendment 425 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 3
3. If a wholly unemployed person referred to in paragraphs 1 or 2 does not wish to become or remain available to the employment services of the competent Member State after having been registered there, and wishes to seek work in the Member State of residence or the Member State of last activity Article 64 shall apply mutatis mutandis, except Article 64(1)(a). The competent institution may extend the period referred to in the first sentence of Article 64(1)(c) up to the end of the period of entitlement to benefits.
2018/01/23
Committee: EMPL
Amendment 430 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 5
5. Paragraphs 2 to3 and 4 of this Article shall not apply to a person who is partially or intermittently unemployed.
2018/01/23
Committee: EMPL
Amendment 434 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 22 a (new)
Regulation (EC) No 883/2004
Article 65a
22a. Article 65a is deleted.
2018/01/23
Committee: EMPL
Amendment 450 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 23
Regulation (EC) No 883/2004
Article 68b – paragraph 1
1. Family benefits in cash which are intended to replace or grant additional income during periods of child-raising and which are listed in Part 1 of Annex XIII shall be awarded solely to the person subject to the legislation of the competent Member State and there shall be no derived right for his or her family members to such benefits. Article 68a of this Regulation shall not apply to such benefits nor shall the competent institution be required to take into account a claim submitted by the other parent, a person treated as a parent or institution acting as guardian of the child or children pursuant to Article 60(1) of the Implementing Regulation.
2018/01/23
Committee: EMPL
Amendment 459 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 25
Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – introductory wording
1. The Commission shall be empowered to adopt implementing acts to specifying the procedure to be followed in order to ensure uniform conditions for the application, including where appropriate, time limits, to be followed in order to ensure the implementation under uniform conditions of Articles 12 and 13 of this Regulation. Those implementing acts shall establish a standard procedure including time limits for:
2018/01/23
Committee: EMPL
Amendment 467 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 25
Regulation (EC) No 883/2004
Article 76 a – paragraph 1 - indent 2
– the determination of situations in which the document shall be issudeleted,
2018/01/23
Committee: EMPL
Amendment 470 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 25
Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – indent 3
– the elements to be verified before the document can be issued, withdrawn or rectified,
2018/01/23
Committee: EMPL
Amendment 473 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 25
Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – indent 4
– the withdrawal or rectification of the document wby then its accuracy and validity is contested by the competent institution of the Member State of employmentssuing institution in accordance with Articles 5 and 19a of the implementing Regulation.
2018/01/23
Committee: EMPL
Amendment 530 #

2016/0397(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 2 – point a
(a) When receiving such a request, the issuing institution shall reconsider the grounds for issuing the document and, if necessary, withdraw it or rectify it, within 2530 working days from the receipt of the request. Upon detection of an irrefutable case of fraud committed by the applicant of the document, the issuing institution shall withdraw or rectify the document immediately and with retroactive effect.
2018/01/23
Committee: EMPL
Amendment 548 #

2016/0397(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Regulation (EC) No 987/2009
Article 14 – paragraph 1
1. For the purposes of the application of Article 12(1) of the basic Regulation, a ‘person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of the Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services52 or sent by that employer to another Member State’ shall include a person who is recruited with a view to being posted or sent to another Member State, provided that immediately before the start of his employment, the person concerned is already subject to the legislation of the sending Member State in accordance with Title II of the basic Regulation.. __________________ 52deleted OJ L 018 , 21.01.1997 p. 1.
2018/01/23
Committee: EMPL
Amendment 569 #

2016/0397(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b
Regulation (EC) No 987/2009
Article 14 – paragraph 5a
5a. For the purpose of the application of Title II of the basic Regulation, ‘registered office or place of business’ shall refer to the registered office or place of business where the essential decisions of the undertaking are adopted and where the functions of its central administration are carried out, provided the undertaking perf. In determining the location of the registered office or place of business, a series of factorms a substantial activity in that Member State. Otherwise, it shall be deemed to be situated in the Member State where the centre of interest of activities of the undertaking determined in accordance with the criteria laid down in paragraphs 9 and 10 is located.shall be taken into account, including: (a) the place of residence of the main directors; (b) the places where general meetings are held; (iii) the place where administrative and accounting documents are kept; (iv) the place where financial and particularly banking transactions mainly take place; (v) the habitual nature of the activity pursued. The determination shall be carried out in the framework of an overall assessment, giving due weight to each of the criteria mentioned above. The Administrative Commission shall laydown the detailed arrangements for the determination.
2018/01/23
Committee: EMPL
Amendment 590 #

2016/0397(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)
Regulation (EC) No 987/2009
Article 19 a (new)
11a. The following article is inserted: “Article19a Cooperation in case of doubts about the validity of issued documents concerning the applicable legislation 1. Where there is doubt about the validity of a document showing the position of the person for the purposes of the applicable legislation or the accuracy of the facts on which the document is based, the institution of the Member State that receives the document shall ask the issuing institution for the necessary clarification and, where appropriate, the withdrawal or rectification of that document. The requesting institution shall substantiate its request and provide relevant supporting documentation that gave rise to the request. 2. When receiving such a request, the issuing institution shall reconsider the grounds for issuing the document and, where an error is detected, withdraw it or rectify it within 30 working days from the receipt of the request. 3. If the issuing institution, having reconsidered the grounds for issuing the document is unable to detect any error it shall forward to the requesting institution all available evidence within 30 working days from the receipt of the request. In urgent cases, where the reasons for urgency have been clearly indicated and substantiated in the request, this shall be done within 10 working days from the receipt of the request, notwithstanding that the issuing institution may not have completed its deliberations pursuant to paragraph 2 above. 4. Where the requesting institution having received the available evidence continues to have doubts about the validity of a document or the accuracy of the facts on which the particulars contained therein are based or that the information upon which the document was issued is not correct, it may submit evidence to that effect and make a further request for clarification and where appropriate the withdrawal or rectification of that document by the issuing institution in accordance with the procedure and timeframes set out above.”
2018/01/23
Committee: EMPL
Amendment 639 #

2016/0397(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 21
Regulation (EC) No 987/2009
Article 55 – paragraph 7
21. In paragraph 7 of Article 55, the term “Article 65a(3)” is replaced by “Article 64a and Article 65a(3)”Article 55, paragraph 7 is deleted.
2018/01/23
Committee: EMPL
Amendment 642 #

2016/0397(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 22
Regulation (EC) No 987/2009
Article 55 a
22. The following Article 55a is inserted after Article 55: ‘Article 55a Obligation of employment service of the Member State of most recent insurance In the situation referred to in Article 61(2) of the basic Regulation, the institution of the Member State of most recent insurance shall immediately send a document to the competent institution of the Member State of previous insurance containing: the date on which the person concerned had become unemployed, the period of insurance, employment or self- employment completed under its legislation, the relevant circumstances of the unemployment likely to affect entitlement to benefits, the date of registration as unemployed person and their address.. ’deleted
2018/01/23
Committee: EMPL
Amendment 110 #

2016/0359(COD)

Proposal for a directive
Recital 15
(15) Consumer over-indebtedness is a matter of great economic and social concern and is closely related to the reduction of debt overhang. Furthermore, it is often not possible to draw a clear distinction between the consumer and business debts of an entrepreneur. A second chance regime for entrepreneurs would not be effective if the entrepreneur had to go through separate procedures, with different access conditions and discharge periods, to discharge his business personal debts and his non-business personal debts. For these reasons, although this Directive does not include binding rules on consumer over-indebtedness, Member States should be able to also apply the discharge provisions to consumersMember States should be able to also apply the discharge provisions to consumers and establish single procedures for both professional and personal debts of the same person.
2017/11/16
Committee: JURI
Amendment 111 #

2016/0359(COD)

Proposal for a directive
Recital 15 a (new)
(15a) In order to achieve greater clarity, the Member States and the Commission should conduct a study for the identification of key indicators of personal over indebtedness. In light of the results of this study, the Member States and the Commission should adopt measures establishing a system of early warning tools for the over indebtedness of natural persons.
2017/11/16
Committee: JURI
Amendment 115 #

2016/0359(COD)

Proposal for a directive
Recital 16
(16) The earlier the debtor can detect its financial difficulties and can take appropriate action, the higher the probability of avoiding an impending insolvency or, in case of a business whose viability is permanently impaired, the more orderly and efficient the winding-up process. Clear information on the available preventive restructuring procedures as well as early warning tools should therefore be put in place to incentivise debtors who start to experience financial problems to take early action. PossibleTherefore a system of early warning mechanisms should include accounting and monitoring duties for the debtor or the debbe established with indicator's management as well as reporting duties under loan agreements. In addition, third parties with relevant information such as accountants, tax and social security authorities could be incentivised or obliged under national law to flag a negative developmentsuch as repeated delays with ordinary payments, and should be followed and monitored by, for example, tax and social security authorities, banks or energy providers.
2017/11/16
Committee: JURI
Amendment 117 #

2016/0359(COD)

Proposal for a directive
Recital 16 a (new)
(16a) Member States should support the establishment of financial counselling services that, based on the principle of non-profit and financial product neutrality and in cooperation with banks and other relevant stakeholders, would provide financial advice to debtors or indebted entrepreneurs and help them overcome financial problems at a very early stage.
2017/11/16
Committee: JURI
Amendment 128 #

2016/0359(COD)

Proposal for a directive
Recital 25
(25) To ensure that rights which are substantially similar are treated equitably and that restructuring plans can be adopted without unfairly prejudicing the rights of affected parties, affected parties should be treated in separate classes which reflect the class formation criteria under national law. As a minimumIf affected by a restructuring plan, secured and unsecured creditors should always be treated in separate classes. National law may provide that secured claims may be divided into secured and unsecured claims based on collateral valuation. National law may also stipulate specific rules supporting class formation where non-diversified or otherwise especially vulnerable creditors, such as workers or small suppliers, would benefit from such class formation. National laws should in any case ensure that adequate treatment is given to matters of particular importance for class formation purposes, such as claims from connected parties, and should contain rules that deal with contingent claims and contested claims. The judicial or administrative authority should examine class formation when a restructuring plan is submitted for confirmation, but Member States could stipulate that such authorities may also examine class formation at an earlier stage should the proposer of the plan seek validation or guidance in advance.
2017/11/16
Committee: JURI
Amendment 129 #

2016/0359(COD)

Proposal for a directive
Recital 26
(26) Requisite majorities should be established by national law to ensure that a minority of affected parties in each class cannot obstruct the adoption of restructuring plan which does not unfairly reduce their rights and interests. Without a majority rule binding dissenting secured creditors, early restructuring would not be possible in many cases, for example where a financial restructuring is needed but the business is otherwise viable. To ensure that parties have a say on the adoption of restructuring plans proportionate to the stakes they have in the business, the required majority should be based on the amount of the creditors' claims or equity holders' interests in any given class.
2017/11/16
Committee: JURI
Amendment 151 #

2016/0359(COD)

Proposal for a directive
Article 1 – paragraph 1 – point c
(c) measures to increase the efficiency of the procedures referred to in point (a) and (b) as well as of insolvency procedures.
2017/11/16
Committee: JURI
Amendment 153 #

2016/0359(COD)

Proposal for a directive
Article 1 – paragraph 2 – point g
(g) natural persons who are not entrepreneurs.deleted
2017/11/16
Committee: JURI
Amendment 156 #

2016/0359(COD)

3. Member States may extend the application of the procedures referred to in point (b) of paragraph 1 to over indebted natural persons who are not entrepreneurs.deleted
2017/11/16
Committee: JURI
Amendment 159 #

2016/0359(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1
(1) 'insolvency procedure' means a collective insolvency procedure which entails a partial or total divestment of the debtor and the appointment of a liquidator;deleted
2017/11/16
Committee: JURI
Amendment 162 #

2016/0359(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 4
(4) 'stay of individual enforcement actions' means a temporary suspension of the right to enforce a claim by a creditor against a debtoror a group of creditors against a debtor or a group of debtors, ordered by a judicial or administrative authority;
2017/11/16
Committee: JURI
Amendment 165 #

2016/0359(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 5
(5) 'executory contracts' means contracts, excluding financial facilities such as undrawn credit facilities, revolving credit lines and offers for financing, between the debtor and one or more creditors under which both sides still have obligations to perform at the moment the stay of individual enforcement actions is ordered;
2017/11/16
Committee: JURI
Amendment 167 #

2016/0359(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 6
(6) 'class formation' means the grouping of affected creditors and equity holders in a restructuring plan in such a way as to reflect the rights and seniority of the affected claims and interests, taking into account possible pre-existing entitlements, liens or inter-creditor agreements, and their treatment under the restructuring plan; for the purposes of adopting a restructuring plan, creditors are divided into different "classes of creditors" as regulated by Member States, where as a minimum, secured and unsecured claims are treated in separate classes;
2017/11/16
Committee: JURI
Amendment 170 #

2016/0359(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 9
(9) 'best interest of creditors test' means that no dissenting creditor would be worse off under the restructuring plan than they would be in the event of liquidation, whether piecemeal or sale asor, in cases where a continuation of the debtor as a going concern is likely, a sale on the basis of a going concern value;
2017/11/16
Committee: JURI
Amendment 171 #

2016/0359(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 9 a (new)
(9a) ‘Alternative value’ means, for secured creditors, the expected proceeds from a hypothetic enforcement of the collateral at the earliest point in time where the legal conditions for an enforcement are fulfilled;
2017/11/16
Committee: JURI
Amendment 173 #

2016/0359(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 10
(10) 'absolute priority rule' means that: 1. a dissenting class of secured creditors must receive under the plan the value of the collateral, valued on the basis of the enterprise as a going concern; and 2. any other dissenting class of creditors must be satisfied in full before a more junior class may receive any distribution or keep any interest under the restructuring plan;. Member States may impose other requirements with respect to preferential claims.
2017/11/16
Committee: JURI
Amendment 177 #

2016/0359(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 13
(13) 'over-indebted entrepreneur' means a natural person exercising a trade, business, craft or profession, who is otherwise than temporarily unable to pay debts as they fall due;deleted
2017/11/16
Committee: JURI
Amendment 186 #

2016/0359(COD)

Proposal for a directive
Article 3 – paragraph 1
1. Member States shall ensure that debtors and entrepreneurs have access to early warning tools which can detect a deteriorating business development and signal to the debtor or the entrepreneur the need to act as a matter of urgency. Member states shall also include banks and non- banking companies in the early warning system scheme, which should provide clear information about the possibilities according to this directive and also possibilities of the financial counselling to the debtor or indebted entrepreneur when they recognize the first signs of their deteriorating financial development. Member states shall also ensure that banks and non-banking companies regularly, and at least once a year, inform the debtor about the exact state of his debts, including all charges and interests.
2017/11/16
Committee: JURI
Amendment 192 #

2016/0359(COD)

Proposal for a directive
Article 3 – paragraph 3
3. Member States may limit the access provided for in paragraphs 1 and 2 to small and medium sized enterprises or to entrepreneursdeleted
2017/11/16
Committee: JURI
Amendment 198 #

2016/0359(COD)

Proposal for a directive
Article 4 – paragraph 1
1. Member States shall ensure that, where there is likelihooda preponderance of probability of insolvency, debtors in financial difficulty have access to an effective preventive restructuring framework that enables them to restructure their debts or business, restore their viability and avoid insolvency. Member States shall ensure that the viability of the debtor is proven.
2017/11/16
Committee: JURI
Amendment 201 #

2016/0359(COD)

Proposal for a directive
Article 4 – paragraph 2
2. Preventive restructuring frameworks may consist of one or more procedures or measures. These are without prejudice to other existing procedures based on a creditors’ contractual agreement that may exist in the Member States.
2017/11/16
Committee: JURI
Amendment 202 #

2016/0359(COD)

Proposal for a directive
Article 4 – paragraph 3
3. Member States shall put in place provisions limiting the involvement of a judicial or administrative authority to where it is necessary and proportionate so that rights of any affected parties are safeguarded. As soon as the debtor lodges an application for the intervention of a judicial authority, the proceedings should be treated as court proceedings.
2017/11/16
Committee: JURI
Amendment 208 #

2016/0359(COD)

Proposal for a directive
Article 4 – paragraph 4
4. Preventive restructuring frameworks shall be available on the application by debtors, or by creditors with the agreement ofonly by debtors.
2017/11/16
Committee: JURI
Amendment 210 #

2016/0359(COD)

Proposal for a directive
Article 5 – paragraph 1
1. Member States shall ensure that debtors accessing preventive restructuring procedures remain totally or at least partially in control of their assets and the day-to-day operation of the business, without prejudice to specific legislation, such as Directive 2002/47/EC of the European Parliament and of the Council on financial collateral arrangements.
2017/11/16
Committee: JURI
Amendment 212 #

2016/0359(COD)

Proposal for a directive
Article 5 – paragraph 2
2. The appointment by a judicial or administrative authority of a practitioner in the field of restructuring shall not be mandatory in every case and shall be subject to Member States' legislation.
2017/11/16
Committee: JURI
Amendment 226 #

2016/0359(COD)

Proposal for a directive
Article 6 – paragraph 1 a (new)
1a. Upon a fully justified application, the judicial authority shall investigate the issue of a stay order in case of extrajudicial proceedings.
2017/11/16
Committee: JURI
Amendment 233 #

2016/0359(COD)

Proposal for a directive
Article 6 – paragraph 4
4. Member States shall limit the duration of the stay of individual enforcement actions to a maximum period of no more than four monththree months. However, in case of financial contracts and netting arrangements that period shall not exceed 48 hours.
2017/11/16
Committee: JURI
Amendment 238 #

2016/0359(COD)

Proposal for a directive
Article 6 – paragraph 5 – point b
(b) the continuation of the stay of individual enforcement actions does not unfairly prejudice the rights or interests of any affected parties. Member States shall set the particular conditions that the debtor would have to comply with in order to extend the stay or grant a new period of stay.
2017/11/16
Committee: JURI
Amendment 240 #

2016/0359(COD)

Proposal for a directive
Article 6 – paragraph 7
7. The total duration of the stay of individual enforcement actions, including extensions and renewals, shall not exceed twelve months. A stay exceeding three months shall require the consent of secured creditors who are affected by the plan.
2017/11/16
Committee: JURI
Amendment 245 #

2016/0359(COD)

Proposal for a directive
Article 6 – paragraph 8 – point b a (new)
(ba) at the request of a creditor if (i) its security interest or other interest in property is not adequately protected, or (ii) the property is not necessary for an effective restructuring.
2017/11/16
Committee: JURI
Amendment 247 #

2016/0359(COD)

Proposal for a directive
Article 6 – paragraph 9
9. Member States shall ensure that, where an individual creditor or a single class of creditors is or would be unfairly prejudiced by a stay of individual enforcement actions, or if no relevant progress has been made in the negotiations of the restructuring plan due to the debtor’s uncooperative behaviour, the judicial or administrative authority may decide not grant the stay of individual enforcement actions or may lift a stay of individual enforcement actions already granted in respect of that creditor or class of creditors, at the request of the creditors concerned.
2017/11/16
Committee: JURI
Amendment 251 #

2016/0359(COD)

Proposal for a directive
Article 7 – paragraph 1
1. Where the obligation of the debtor to file for insolvency under national law arises during the period of the stay of individual enforcement actionsongoing restructuring procedure, that obligation shall be suspended for the duration of the stayrestructuring.
2017/11/16
Committee: JURI
Amendment 253 #

2016/0359(COD)

Proposal for a directive
Article 7 – paragraph 2
2. A general stayThe ongoing restructuring procedure covering all creditors shall prevent the opening of insolvency procedures at the request of one or more creditors.
2017/11/16
Committee: JURI
Amendment 256 #

2016/0359(COD)

Proposal for a directive
Article 7 – paragraph 4
4. Without prejudice to specific legislation, such as Directive 2002/47/EC of the European Parliament and of the Council on financial collateral arrangements, Member States shall ensure that, during the stay period, unsecured creditors to which the stay applies may not withhold performance or terminate, accelerate or in any other way modify executory contracts to the detriment of the debtor for debts that came into existence prior to the stay. Member States may limit the application of this provision to essential contracts which are necessary for the continuation of the day-to-day operation of the businesand essential contracts which are necessary for the continuation of the day- to-day operation of the business to the detriment of the debtor for debts that came into existence prior to the stay, provided that the debtor complies with its obligations under such contracts.
2017/11/16
Committee: JURI
Amendment 259 #

2016/0359(COD)

Proposal for a directive
Article 7 – paragraph 5
5. Member States shall ensure that creditors may not withhold performance or terminate, accelerate or in any other way modify executory contracts to the detriment of the debtor by virtue of a contractual clause providing for such measures, solely by reason of the debtor's entry into restructuring negotiations, a requested for a stay of individual enforcement actions, the ordering of the stay as such or any similar event connected to the stay.deleted
2017/11/16
Committee: JURI
Amendment 269 #

2016/0359(COD)

Proposal for a directive
Article 8 – paragraph 1 – point b
(b) a valuation of the present value of the debtor or the debtor's business as well as an expected liquidation valuation of the debtor or the debtor's business, all prepared by a judicial expert, and a reasoned statement on the causes and the extent of the financial difficulties of the debtor;
2017/11/16
Committee: JURI
Amendment 276 #

2016/0359(COD)

Proposal for a directive
Article 8 – paragraph 1 – point g
(g) an opinion or reasoned statement by the person responsible for proposing the restructuring plan, with that person being determined by each Member State, which explains why the business is viable, how implementing the proposed plan is likely to result in the debtor avoiding insolvency and restore its long-term viability, and states any anticipated necessary pre-conditions for its success.
2017/11/16
Committee: JURI
Amendment 288 #

2016/0359(COD)

Proposal for a directive
Article 9 – paragraph 2
2. Member States shall ensurmay provide that affected parties are treated in separate classes which reflect the class formation criteria. Classes shallmay be formed in such a way that each class comprises claims or interests with rights that are sufficiently similar to justify considering the members of the class a homogenous group with commonality of interest. As a minimum, secured and unIf affected by a restructuring plan, secured claims shallmay be treated in a separate classes for the purposes of adopting a restructuring plan. Member States may also provide that workers are treated in a separate class of their own.
2017/11/16
Committee: JURI
Amendment 292 #

2016/0359(COD)

Proposal for a directive
Article 9 – paragraph 4
4. A restructuring plan shall be deemed to be adopted by affected parties, provided that a majority in the amount of their claims or interests is obtained in each and every class. Member States shall lay down the required majorities for the adoption of a restructuring plan, which shall be in any case not higher than 75%, or 80% in the case of secured creditors, in the amount of claims or interests in each class.
2017/11/16
Committee: JURI
Amendment 295 #

2016/0359(COD)

6a. Member States where it is partially or totally impossible that credits of State entities are affected by restructuring plans shall ensure that those credits form a separate class, which shall be treated separately, and that those State entities do not have voting rights for the approval of the restructuring plan.
2017/11/16
Committee: JURI
Amendment 310 #

2016/0359(COD)

Proposal for a directive
Article 11 – paragraph 1 – point b
(b) has been approved by at least onthose classes of the affected creditors other than an equity-holder class and any orepresenting the majority in amount of ther classims, which, upon a valuation of the enterprise, would not receive any payment or other consideration if the normal ranking of liquidation priorities were applied;.
2017/11/16
Committee: JURI
Amendment 316 #

2016/0359(COD)

Proposal for a directive
Article 13 – paragraph 1
1. A liquidn alternationve value shall be determined by the judicial or administrative authority where a restructuring plan is challenged on the grounds of an alleged breach of the best interest of creditors test.
2017/11/16
Committee: JURI
Amendment 317 #

2016/0359(COD)

Proposal for a directive
Article 13 – paragraph 2 – introductory part
2. An enterprise value shall be determined by the judicial or administrative authority on the basis of the value of the enterprise as a going concern in the followingwhere a restructuring plan is challenged in the rest of cases:.
2017/11/16
Committee: JURI
Amendment 319 #

2016/0359(COD)

Proposal for a directive
Article 13 – paragraph 2 – point a
(a) where a cross-class cram-down application is necessary for the adoption of the restructuring plan;deleted
2017/11/16
Committee: JURI
Amendment 320 #

2016/0359(COD)

Proposal for a directive
Article 13 – paragraph 2 – point b
(b) where a restructuring plan is challenged on the grounds of an aldelegted breach of the absolute priority rule.
2017/11/16
Committee: JURI
Amendment 323 #

2016/0359(COD)

Proposal for a directive
Article 14 – paragraph 2 a (new)
2a. Member States may exclude secured creditors from the effect of a restructuring plan.
2017/11/16
Committee: JURI
Amendment 324 #

2016/0359(COD)

Proposal for a directive
Article 15 – paragraph 1
1. Member States shall ensure that a decision on the confirmation of a restructuring plan taken by a judicial authority may be challenged or appealed before the same or a higher judicial authority and that a decision on the confirmation of a restructuring plan taken by an administrative authority may be appealed before a judicial authority.
2017/11/16
Committee: JURI
Amendment 325 #

2016/0359(COD)

Proposal for a directive
Article 15 – paragraph 2
2. AChallenges and appeals shall be resolved in an expedited manner.
2017/11/16
Committee: JURI
Amendment 326 #

2016/0359(COD)

Proposal for a directive
Article 15 – paragraph 4 – point b
(b) confirm the plan and grant monetary compensation to the dissenting creditors, payable by the debtor or by the creditors who voted in favour of the plan.deleted
2017/11/16
Committee: JURI
Amendment 328 #

2016/0359(COD)

Proposal for a directive
Article 16 – paragraph 1
1. Member States shall ensure that new financing and interim financing are adequately encouraged and protectedaim to adequately encourage and protect new financing and interim financing. In particular, new and interim financing shall not be declared void, voidable or unenforceable as an act detrimental to the general body of creditors in the context of subsequent insolvency procedures, unless such transactions have been carried out fraudulently or in bad faith.
2017/11/16
Committee: JURI
Amendment 332 #

2016/0359(COD)

Proposal for a directive
Article 18
Duties of directors Member States shall lay down rules to ensure that, where there is a likelihood of insolvency, directors have the following obligations: (a) minimise the loss for creditors, workers, shareholders and other stakeholders; (b) of creditors and other stakeholders; (c) insolvency; (d) negligent conduct that threatens the viability of the business.Article 18 deleted to take immediate steps to to have due regard to the interests to take reasonable steps to avoid to avoid deliberate or grossly
2017/11/16
Committee: JURI
Amendment 345 #

2016/0359(COD)

Proposal for a directive
Article 20 – paragraph 1 – introductory part
1. The period of time after which over-indebted entrepreneurs may be fully discharged from their debts shall be no longer thanat least three years starting from:
2017/11/16
Committee: JURI
Amendment 346 #

2016/0359(COD)

Proposal for a directive
Article 20 – paragraph 1 – point a
(a) the date on which the judicial or administrative authority decided on the application to open such a procedure, in the case of a procedure ending with the liquidation of an over-indebted entrepreneur' s assets, as described in paragraph 2 of Article 19 of this Directive; or
2017/11/16
Committee: JURI
Amendment 347 #

2016/0359(COD)

Proposal for a directive
Article 20 – paragraph 2
2. Member States shall ensure that on expiry of the discharge period, over- indebted entrepreneurs are discharged of their debts without the need to re-apply to a judicial or administrative authority.
2017/11/16
Committee: JURI
Amendment 348 #

2016/0359(COD)

Proposal for a directive
Article 21 – paragraph 1
Member States shall ensure that, where an over-indebted entrepreneur obtains a discharge of debts in accordance with this Directive, any disqualifications from taking up or pursuing a trade, business, craft or profession which is connected with the entrepreneur's over-indebtedness shall cease to have effect at the latest at the end of the discharge period, without the need to re-apply to a judicial or administrative authority.
2017/11/16
Committee: JURI
Amendment 351 #

2016/0359(COD)

Proposal for a directive
Article 22 – paragraph 1 – point d a (new)
(da) Member States provide that access to discharge procedures is granted not more than twice and that no discharge may be granted to the entrepreneur for a period of five years following his last debt discharge.
2017/11/16
Committee: JURI
Amendment 354 #

2016/0359(COD)

Proposal for a directive
Article 23 – paragraph 2
2. Member States may derogate from paragraph 1 and stipulate that professional and personal debts are to be treated in separate procedures, provided that these procedures can be coordinateare demonstrably faster and fmor the purposes of obtaining a discharge in accordance with this Directive efficient than a single procedure.
2017/11/16
Committee: JURI
Amendment 361 #

2016/0359(COD)

Proposal for a directive
Article 26 – paragraph 1
1. Member States shall ensure that the process for the appointment, removal and resignation of practitioners in the field of restructuring, and insolvency and second chance is clear, predictable and fair and fulfils, in particular, the requirements set out in paragraphs 2, 3 and 4.
2017/11/16
Committee: JURI
Amendment 362 #

2016/0359(COD)

Proposal for a directive
Article 26 – paragraph 3
3. Where practitioners in the field of restructuring, and insolvency and second chance are appointed by the judicial or administrative authority, Member States shall ensure that the criteria concerning the manner in which the judicial or administrative authority selects such a practitioner are clear and transparent. In selecting a practitioner in the field of restructuring, and insolvency and second chance for a particular case, due consideration shall be given to the practitioner's experience and expertise. Where appropriate, the debtors and creditors shall be consulted in the selection of the practitioner.
2017/11/16
Committee: JURI
Amendment 363 #

2016/0359(COD)

Proposal for a directive
Article 27
Supervision and remuneration of practitioners in the field of restructuring, insolvency and second chance 1. appropriate oversight and regulatory structures to ensure that the work of practitioners in the field of restructuring, insolvency and second chance is appropriately supervised. This oversight and regulation shall also include an appropriate and effective regime for sanctioning practitioners who have failed in their duties. 2. the fees charged by practitioners in the field of restructuring, insolvency and second chance are governed by rules which incentivise a timely and efficient resolution of procedures with due regard to the complexity of the case. Member States shall ensure that appropriate procedures with built-in safeguards are available to ensure that any disputes over remuneration can be resolved in a timely manner.Article 27 deleted Member States shall put in place Member States shall ensure that
2017/11/16
Committee: JURI
Amendment 367 #

2016/0359(COD)

Proposal for a directive
Article 28 – paragraph 1 a (new)
1a. Any shift of the debtor’s centre of main interest as defined in Regulation EU 2015/848 of the European Parliament and the Council on insolvency proceedings (recast) shall not be permissible during restructuring proceedings.
2017/11/16
Committee: JURI
Amendment 368 #

2016/0359(COD)

Proposal for a directive
Article 29 – paragraph 1 – subparagraph 1
With a view to arriving at reliable annual statistics, Member States shall collect and aggregate at Member State level data on: (a) the number of procedures which were initiated, pending and resolved, broken down by: (i) preventive restructuring procedures, (ii) insolvency procedures such as liquidation procedures, (iii) procedures leading to a full discharge of debt for natural persons; (b) initiation to payout, separate by types of procedures (preventive restructuring procedure, insolvency procedure, discharge procedure); (c) the share of each type of outcome within each restructuring or insolvency procedure, including the number of procedures applied for but not commenced for lack of available funds in the debtor's estate. (d) the average costs of each procedures awarded by the judicial or administrative authority, in euro; (e) the recovery rates for secured and unsecured creditors separately, as well as the number of procedures with zero or no more than two percent total recovery rate in respect of each type of procedure referred to in point (a); (f) the number of debtors subject to procedures referred to in point (a)(i) who within three years from the conclusion of such procedures are subject to either of the procedures referred to in points (a)(i) and (a)(ii); (g) the number of debtors who, after having undergone a procedure referred to in point (a)(iii) of this paragraph, are subject to another such procedure or another procedure referred to in point (a) of this paragraph.deleted the length of the procedure from
2017/11/16
Committee: JURI
Amendment 377 #

2016/0359(COD)

Proposal for a directive
Article 31 – paragraph 1 – introductory part
1. This Directive shall be without prejudice to the following acts, which shall prevail over this Directive:
2017/11/16
Committee: JURI
Amendment 91 #

2016/0280(COD)

Proposal for a directive
Recital 5
(5) In the fields of research, education and preservation of cultural heritage, digital technologies permit new types of uses that are not clearly covered by the current Union rules on exceptions and limitations. In addition, the optional nature of exceptions and limitations provided for in Directives 2001/29/EC, 96/9/EC and 2009/24/EC in these fields and in the field of education may negatively impact the functioning of the internal market. This is particularly relevant as regards cross- border uses, which are becoming increasingly important in the digital environment. Therefore, the existing exceptions and limitations in Union law that are relevant for scientific research, teaching and preservation of cultural heritage should be reassessed in the light of those new uses. Mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research, illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced. For uses not covered by the exceptions or the limitation provided for in this Directive, the exceptions and limitations existing in Union law should continue to apply. Member States should be able to adopt or maintain in force broader provisions, compatible with the exceptions and limitations existing in Union law, for uses covered by the exceptions or the limitation provided for in this Directive. Directives 96/9/EC and 2001/29/EC should be adapted.
2017/04/28
Committee: JURI
Amendment 177 #

2016/0280(COD)

Proposal for a directive
Recital 14
(14) Article 5(3)(a) of Directive 2001/29/EC allows Member States to introduce an exception or limitation to the rights of reproduction, communication to the public and making available to the public for the sole purpose of, among others, illustration for teaching. In addition, Articles 6(2)(b) and 9(b) of Directive 96/9/EC permit the use of a database and the extraction or re-utilization of a substantial part of its contents for the purpose of illustration for teaching. The scope of those exceptions or limitations as they apply to digital uses is unclear. In addition, there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance. Moreover, the existing framework does not provide for a cross-border effect. This situation may hamper the development of digitally- supported teaching activities and distance learning. Therefore, the introduction of a new mandatory exception or limitation is necessary to ensure that educational establishmentsall persons and entities providing an educational activity benefit from full legal certainty when using works or other subject-matter in digital teaching activities, including online and across borders.
2017/04/28
Committee: JURI
Amendment 186 #

2016/0280(COD)

Proposal for a directive
Recital 15
(15) While distance learning and cross- border education programmes are mostly developed at higher education level, digital tools and resources are increasingly used at all education levels, in particular to improve and enrich the learning experience. The exception or limitation provided for in this Directive should therefore benefit all persons and entities providing an educational activity, educational establishments in primary, secondary, vocational and higher education to the extent they pursue their educational activity for a non-commercial purpose. The organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non-commercial nature of the activity.
2017/04/28
Committee: JURI
Amendment 187 #

2016/0280(COD)

Proposal for a directive
Recital 15
(15) While distance learning and cross- border education programmes are mostly developed at higher education level, digital tools and resources are increasingly used at all education levels, in particular to improve and enrich the learning experience. The exception or limitation provided for in this Directive should therefore benefit all educational establishments in primary, secondary, vocational and higher education to the extent they pursue their educational activity for a non-commercial purpose. The organisational structure and the means of funding of an educational establishmentthe person or entity providing the educational activity are not the decisive factors to determine the non-commercial nature of the activity.
2017/04/28
Committee: JURI
Amendment 301 #

2016/0280(COD)

Proposal for a directive
Recital 32
(32) The organisational and financial contribution of publishers in producing press publications needs to be recognised and further encouraged to ensure the sustainability of the publishing industry. It is therefore necessary to provide at Union level a harmonised legal protection for press publications in respect of digital uses. Such protection should be effectively guaranteed through the introduction, in Union law, of rights related to copyright for the reproduction and making available to the public of press publications in respect of digital uses.
2017/04/28
Committee: JURI
Amendment 317 #

2016/0280(COD)

Proposal for a directive
Recital 33
(33) For the purposes of this Directive, it is necessary to define the concept of press publication in a way that embraces only journalistic publications, published by a service provider, periodically or regularly updated in any media, for the purpose of informing or entertaining. Such publications would include, for instance, daily newspapers, weekly or monthly magazines of general or special interest and news websites. Periodical publications which are published strictly for scientific or, academic or non-commercial purposes, such as scientific journals, should not be covered by the protection granted to press publications under this Directive. This protection does not extend to acts of hyperlinking which do not constitute communication to the public.
2017/04/28
Committee: JURI
Amendment 333 #

2016/0280(COD)

Proposal for a directive
Recital 34
(34) The rights granted to the publishers of press publications under this Directive should have the same scope as the rights of reproduction and making available to the public provided for in Directive 2001/29/EC, insofar as digital uses are concerned as well as the rights of distribution and rental and lending provided for in Directive 2006/115/EC. They should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in Directive 2001/29/EC including the exception on quotation for purposes such as criticism or review laid down in Article 5(3)(d) of that Directive.
2017/04/28
Committee: JURI
Amendment 624 #

2016/0280(COD)

Proposal for a directive
Article 4 – paragraph 3
3. The use of works and other subject- matter for the sole purpose of illustration for teaching through secure electronic networks undertaken in compliance with the provisions of national law adopted pursuant to this Article shall be deemed to occur solely in the Member State where the educational establishmentperson or entity providing the educational activity is established.
2017/04/28
Committee: JURI
Amendment 634 #

2016/0280(COD)

Proposal for a directive
Article 4 – paragraph 4 a (new)
4a. Member States shall ensure that the rightholders have the right to grant royalty-free licences authorising the acts described in paragraph 1, generally or as regards specific types of works or other subject-matter that they may choose.
2017/04/28
Committee: JURI
Amendment 750 #

2016/0280(COD)

Proposal for a directive
Article 11 – paragraph 1
1. Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC and Article 3 and 9 of Directive 2006/115/EC for the digital use of their press publications.
2017/04/28
Committee: JURI
Amendment 993 #

2016/0280(COD)

Proposal for a directive
Article 17 – paragraph 2 a (new)
2 a. Member States may adopt or maintain in force broader provisions, compatible with the exceptions and limitations existing in Union law, for uses covered by the exceptions or the limitation provided for in this Directive .
2017/04/28
Committee: JURI
Amendment 37 #

2016/0276(COD)

Proposal for a regulation
Recital 8
(8) The extended EFSI should address remaining market failures and sub-optimal investment situations and continue to mobilise private sector financing in investments crucial for Europe’s future job creation – including for the youth –, growth and competitiveness with strengthened additionality. They include investments in the areas of energy, environment and climate action, social and human capital and related infrastructure, healthcare, research and innovation, cross- border and sustainable transport, as well as the digital transformation. In particular, the contribution of operations supported by the EFSI to achieving the Union's ambitious targets set at the Paris Climate Conference (COP21) should be reinforced. Energy interconnection priority projects and energy efficiency projects should also be increasingly targeted. More emphasis should be also placed on targeting transport projects, especially in rail and inland waterways, given their EU added value. In addition, EFSI support to motorways should be avoided, unless it is needed to support private investment in transport in cohesion countries or in cross- border transport projects involving at least one cohesion country. For reasons of clarity, although they are already eligible, it should be explicitly laid down that projects in the fields of agriculture, fishery and aquaculture come within the general objectives eligible for EFSI support.
2017/02/08
Committee: TRAN
Amendment 45 #

2016/0276(COD)

Proposal for a regulation
Recital 10
(10) Due to their potential to increase the efficiency of the EFSI intervention, blending operations combining non- reimbursable forms of support and/or financial instruments from the Union budget, such as those available under the Connecting Europe Facility, European Structural and Investment Funds and financing from EIB Group, including EIB financing under the EFSI, as well as other investors should be encouraged. Blending aims to enhance the value added of Union spending by attracting additional resources from private investors and to ensure the actions supported become economically and financially viable. Coherence and synergies between all EU forms of support should be ensured.
2017/02/08
Committee: TRAN
Amendment 46 #

2016/0276(COD)

Proposal for a regulation
Recital 10 a (new)
(10a) EFSI should seek to contribute to strengthening the Union's economic, social and territorial cohesion by means of geographical diversification. Currently, EFSI's aggregated portfolio of investments is highly concentrated (92%) in the EU-15 and under-serves (8%) the EU-13, while considerable sectoral concentration benefits particular states. Such a situation if continued will deepen development gaps and market fragmentation between different parts of the EU, undermining the aims of EU Regional Policy.
2017/02/08
Committee: TRAN
Amendment 58 #

2016/0276(COD)

Proposal for a regulation
Recital 16 a (new)
(16a) EFSI has been effective in increasing the volume of EIB special activities in favour of SMEs, but has not been successful in boosting the volume of transport projects to a sufficient extent. Give, the high EU added value of transport projects and huge investments needs, especially prevalent in less- developed states, it is therefore necessary to adopt further measures to better address the difficulties faced by Member States and project promoters in proposing infrastructure projects.
2017/02/08
Committee: TRAN
Amendment 59 #

2016/0276(COD)

Proposal for a regulation
Recital 16 b (new)
(16b) Transport projects tend to be difficult to finance, because of lower return rates, long-term horizon of investments and higher levels of risk. In order to reduce the present sectorial imbalance of projects being financed by the EFSI and to tackle the problem of sub-optimal investments in transport infrastructure in the EU, the EIAH, together with the Commission, should establish specific arrangements that would facilitate the blending of the EFSI with grants or other public financing available from the Union or national budgets in a simplified and less- bureaucratic manner.
2017/02/08
Committee: TRAN
Amendment 64 #

2016/0276(COD)

Proposal for a regulation
Recital 21
(21) The European Investment Advisory Hub (EIAH) should be enhanced and its activities should focus on needs, sectors and regions not covered adequately under current arrangements. It should pay particular attention to supporting the preparation of projects involving two or more Member States and projects that contribute to achieving the objectives of COP21, as well as projects in sustainable transport. Notwithstanding its objective to build upon existing advisory services of the EIB and the Commission, so to act as a single technical advisory hub for project financing within the Union, the EIAH should also contribute actively to the objective of sectorial and geographical diversification of the EFSI and support the EIB where needed in originating projects. It should also actively contribute to the establishment of investment platforms and provide advice on the combinationblending of other sources of Union funding with the EFSI(such as the European Structural and Investment Funds, Horizon 2020 and the Connecting Europe Facility) with the EFSI in order to achieve synergies between the different sources of EU support.
2017/02/08
Committee: TRAN
Amendment 87 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Regulation (EU) 2015/1017
Article 9 – paragraph 2 – subparagraph 1 a
'The EIB shall target that at least 40 % of EFSI financing under the infrastructure and innovation window supports projects with components that contribute to climate action, in line with the COP21 commitments. In particular, the EIB shall target that at least 20% of the EFSI financing supports projects related to development of transport infrastructures, and equipment and innovative technologies for transport, falling under point (c). Moreover, the EIB shall strive to achieve a fair geographical distribution of investments between Member States. The Steering Board shall provide detailed guidance to that end.;'
2017/02/08
Committee: TRAN
Amendment 96 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b – point i
Regulation (EU) 2015/1017
Article 14 – paragraph 2 – point c
(c) 'leveraging local knowledge to facilitate EFSI support across the Union and contributing where possible to the objective of sectorial and geographical diversification of the EFSI referred to in Section 8 of Annex II by supporting the EIB to originate operations;';
2017/02/08
Committee: TRAN
Amendment 21 #

2016/0231(COD)

Proposal for a regulation
Recital 3
(3) On 10 June 2016 the Commission presented the proposal for the EU to ratify the Paris agreement. This legislative proposal forms part of the implementation of the EU's commitment in the Paris agreement. The Union's commitment to economy-wide emission reductions was confirmed in the intended nationally determined contribution of the Union and its Member States that was submitted to the Secretariat of the UNFCCC on 6 March 2015.
2017/02/07
Committee: TRAN
Amendment 24 #

2016/0231(COD)

Proposal for a regulation
Recital 5
(5) The transition to clean energy requires changes in investment behaviour and incentives across the entire policy spectrum. It is a key Union priority to establish a resilient Energy Union to provide secure, sustainable, competitive and affordable energy to its citizens. Achieving this requires continuation of ambitious climate action with this Regulation and progress on the other aspects of Energy Union as set out in the Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy.16 _________________ 16 COM(2015)80
2017/02/07
Committee: TRAN
Amendment 32 #

2016/0231(COD)

Proposal for a regulation
Recital 11
(11) A range of Union measures enhance Member States’ ability to meet their climate commitments and are crucial to achieving necessary emission reductions in the sectors covered by this Regulation. These include legislation on fluorinated greenhouse gases, CO2-reductions from road vehicles, energy performance of building, renewables, energy efficiency and the Circular Economy, as well as Union funding instruments for climate- related investments.
2017/02/07
Committee: TRAN
Amendment 110 #

2016/0231(COD)

Proposal for a regulation
Article 14 – paragraph 1
The Commission shall report to the European Parliament and to the Council by 28 February 2024 and every five years thereafter on the operation of this Regulation, its contribution to the EU's overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the Paris Agreement, and may make proposals if appropriatewhether the reductions occurred in a cost-effective manner, without imposing excessive burdens on the economy.
2017/02/07
Committee: TRAN
Amendment 33 #

2016/0190(CNS)

Proposal for a regulation
Recital 6
(6) In order to ensure equality for all children, this Regulation should cover all decisions on parental responsibility, including measures for the protection of children, independent of any link with a matrimonial proceeding or other proceedings.
2017/06/26
Committee: JURI
Amendment 40 #

2016/0190(CNS)

Proposal for a regulation
Recital 10
(10) This Regulation should not apply to the establishment of parenthood, since this is a different matter from the attribution of parental responsibility, nor to other questions linked to the status of persons. In addition, this Regulation is not intended to apply to matters relating to social security, public measures of a general nature in matters of education or health or to decisions on the right of asylum and on immigration.
2017/06/26
Committee: JURI
Amendment 45 #

2016/0190(CNS)

Proposal for a regulation
Recital 17
(17) This Regulation should not prevent the authorities of a Member State not having jurisdiction over the substance of the matter from taking provisional, including protective measures, in urgent cases, with regard to the person or property of a child present in that Member State. Those measures should be recognised and enforcedable in all other Member States including the Member States having jurisdiction under this Regulation, providing these do not go against Member States jurisdictional provisions and until a competent authority of such a Member State has taken the measures it considers appropriate. Measures taken by a court in one Member State should however only be amended or replaced by measures also taken by a court in the Member State having jurisdiction over the substance of the matter. An authority only having jurisdiction for provisional, including protective measures should, if seised with an application concerning the substance of the matter, declare of its own motion that it has no jurisdiction. Insofar as the protection of the best interests of the child so requires, the authority should inform, directly or through the Central Authority, the authority of the Member State having jurisdiction over the substance of the matter under this Regulation about the measures taken. The failure to inform the authority of another Member State should however not as such be a ground for the non-recognition of the measure.
2017/06/26
Committee: JURI
Amendment 68 #

2016/0190(CNS)

Proposal for a regulation
Recital 33
(33) In addition, the aim of making cross-border litigation concerning children less time consuming and costly justifies the abolition of the declaration of enforceability prior to enforcement in the Member State of enforcement for all decisions on parental responsibility mattersfalling within the scope of this Regulation. While Regulation (EC) No 2201/2003 only abolished this requirement for decisions granting access and certain decisions ordering the return of a child, this Regulation now provides for a single procedure for the cross-border enforcement of all decisions in matters of parental responsibility falling within the scope of this Regulation. As a result, subject to the provisions of this Regulation, a decision given by the authorities of a Member State should be treated as if it had been given in the Member State of enforcement.
2017/06/26
Committee: JURI
Amendment 84 #

2016/0190(CNS)

Proposal for a regulation
Recital 47
(47) Where a person having de facto family ties as specified by the case law of the European Court of Human Rights with the child is residing in one Member State and wants to commence access proceedings in another Member State where the child is habitually resident, that person should be permitted to directly contact the competent authorities in the Member State where he or she is residing and obtain a finding on his or her suitability to exercise access and on the conditions under which access should be considered so that those findings can then be used in the proceedings in the Member State having jurisdiction under this Regulation. That same information should also be provided by the competent authorities of the Member State where the person seeking access is residing if such a request originates from the authorities of another Member State having jurisdiction under this Regulation.
2017/06/26
Committee: JURI
Amendment 41 #

2016/0171(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Directive 98/41/EC
Article 2 – indent 2
– ‘passenger ship' shall mean a ship or aea-going ship or a sea-going high-speed craft which carries more than 12 passengers,;
2017/03/10
Committee: TRAN
Amendment 42 #

2016/0171(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Directive 98/41/EC
Article 2 – indent 9
(c) the ninth indent is replaced by the following: ‘– 'protected sea area' shall mean a sea area in which ships of Class D may operate, listed pursuant to Article 4(2) of Directive 2009/45/EC,;’deleted
2017/03/10
Committee: TRAN
Amendment 44 #

2016/0171(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 98/41/EC
Article 5 – paragraph 1 – indent 5
- their yeardate of birth,
2017/03/10
Committee: TRAN
Amendment 64 #

2016/0171(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 98/41/EC
Article 8 – paragraph 2
Personal data collected in accordance with Article 5 shall not be kept by the company longer than necessary for the purposes of this Directive namely until the moment the data is recorded in the single window established pursuant to Article 5 of Directive 2010/65/EU. Without prejudice to other reporting obligations, once the information is no longer needed for this purpose, it shall be destroyed.
2017/03/10
Committee: TRAN
Amendment 71 #

2016/0171(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a – indent 2
Directive 98/41/EC
Article 9 – paragraph 2 – point (c)
(c) A Member State may exempt passenger ships sailing, exclusively in protected sea areasea area of Class D as defined in Directive 2009/45/EC of 6 May 2009 on safety rules and standards for passenger ships, in which the proximity of search and rescue facilities is ensured, between two ports or from and to the same port without intermediate calls from the obligations laid down in Article 5.;
2017/03/10
Committee: TRAN
Amendment 84 #

2016/0171(COD)

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by [12[24 months after the entry into force] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
2017/03/10
Committee: TRAN
Amendment 86 #

2016/0171(COD)

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
They shall apply those provisions from [124 months after the entry into force].
2017/03/10
Committee: TRAN
Amendment 31 #

2016/0151(COD)

Proposal for a directive
Recital 5
(5) Establishing jurisdiction requires an assessment of factual situations against the criteria laid down in Directive 2010/13/EU. The assessment of such factual situations might lead to conflicting results. In the application of the cooperation procedures provided for in Articles 3 and 4 of Directive 2010/13/EU, it is important that the Commission can base its findings on reliable facts. The European Regulators Group for Audiovisual Media Services (ERGA) should therefore be empowered to provide opinions on jurisdiction, in conjunction with national regulatory authorities, upon the Commission's request.
2016/11/11
Committee: JURI
Amendment 55 #

2016/0151(COD)

Proposal for a directive
Recital 16
(16) Product placement should not be admissible in news and current affairs programmes, consumer affairs programmes, religious programmes and children's programmes, with a significant children’s audiencehich should be understood as programmes that are primarily produced for and aimed at children. In particular, evidence shows that product placement and embedded advertisements can affect children's behaviour as children are often not able to recognise the commercial content. There is thus a need to continue to prohibit product placement in programmes with a significant children's audienceprogrammes. Consumer affairs programmes are programmes offering advice to viewers, or including reviews on the purchase of products and services. Allowing product placement in such programmes would blur the distinction between advertising and editorial content for viewers who may expect a genuine and honest review of products or services in such programmes.
2016/11/11
Committee: JURI
Amendment 58 #

2016/0151(COD)

Proposal for a directive
Recital 19
(19) While this Directive does not increase the overall amount of admissible advertising time during the period from 7:00 to 23:00, it is important for broadcasters to have more flexibility and to be able to decide when to place advertising in order to maximise advertisers' demand and viewers' flow. The hourly limit should thus be abolished while a daily limit of 20% of advertising within the period from 7:00 to 23:00 should be introduced.deleted
2016/11/11
Committee: JURI
Amendment 66 #

2016/0151(COD)

Proposal for a directive
Recital 21
(21) Providers of on-demand audiovisual media services should promote the production and distribution of European works by ensuring that their catalogues contain a minimum sharrange of European works and that those are given enough prominence.
2016/11/11
Committee: JURI
Amendment 69 #

2016/0151(COD)

Proposal for a directive
Recital 24
(24) When Member States impose financial contributions to providers of on- demand services such contributions shall seek an adequate promotion of European works while avoiding risks of double imposition for service providers. With this view, if the Member State where the provider is established imposes a financial contribution, it shall take into account any financial contributions imposed by targeted Member States.deleted
2016/11/11
Committee: JURI
Amendment 74 #

2016/0151(COD)

Proposal for a directive
Recital 28
(28) An important share of the content stored on video-sharing platforms is not under the editorial responsibility of the video-sharing platform provider. However, where it is demonstrated that those providers typically determine the organisation of the content, namely programmes or user- generated videos, including by automatic means or algorithms. Therefore, those providers, they should be required to take appropriate measures to protect minors from content that may impair their physical, mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion, descent or national or ethnic origin.
2016/11/11
Committee: JURI
Amendment 75 #

2016/0151(COD)

Proposal for a directive
Recital 29
(29) In light of the nature of the providers' involvement with the content stored on video-sharing platforms, those appropriate measures should relate to the organisation of the content and not to the content as such. The requirements in this regard as set out in this Directive should therefore apply without prejudice to Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34, which provides for an exemption from liability for illegal information stored by certain providers of information society services. When providing services covered by Article 14 of Directive 2000/31/EC, those requirements should also apply without prejudice to Article 15 of that Directive, which precludes general obligations to monitor such information and to actively seek facts or circumstances indicating illegal activity from being imposed on those providers, without however concerning monitoring obligations in specific cases and, in particular, without affecting orders by national authorities in accordance with national legislation. __________________ 34Directive 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 (OJ L 178, 17.07.2000, p. 1).
2016/11/11
Committee: JURI
Amendment 99 #

2016/0151(COD)

Proposal for a directive
Recital 38 a (new)
(38a) The rights of persons with disabilities and of the elderly to participate in and be integrated into the social and cultural life of the Union is inextricably linked to the provision of accessible audiovisual media services. It is therefore important to ensure that accessibility is properly addressed in Directive 2010/13/EU, in line with the general principles of the United Nations Convention on the Rights of Persons with Disabilities. The horizontal Commission proposal for a European Accessibility Act1a aims at enshrining these principles in Union law by removing barriers to access created by divergent legislation. While this is a welcome development and is considered appropriate in respect of the consumer equipment necessary to access audiovisual media content, the unique nature and cultural specificity of audiovisual media content itself is such that the regulation of existing and future access services that enable access to such content should remain in Directive 2010/13/EU, which is sector-specific. __________________ 1a COM(2015)615 final.
2016/11/11
Committee: JURI
Amendment 100 #

2016/0151(COD)

Proposal for a directive
Recital 38 b (new)
(38b) The means to achieve accessibility should include, but not be limited to, access services such as sign language interpretation, subtitling for the deaf and hard of hearing, spoken subtitles, audio- description, and easily understandable menu navigation. Audiovisual media service providers should be transparent and proactive in improving such access services for persons with disabilities and for the elderly.
2016/11/11
Committee: JURI
Amendment 126 #

2016/0151(COD)

Proposal for a directive
Article 1 – point 10
Directive 2010/13/EU
Article 7
(10) Article 7 is deleted;
2016/11/11
Committee: JURI
Amendment 129 #

2016/0151(COD)

Proposal for a directive
Article 1 – point 10 a (new)
Directive 2010/13/EU
Article 7 a (new)
(7a) The following article is inserted: "Article 7a 1. Member States shall take steps to develop codes of conduct applicable to media service providers under their jurisdiction intended to ensure that their services are made progressively more accessible to persons with visual and/or hearing disabilities. 2. Such codes of conduct may be a self- or co-regulatory measure. The Commission and ERGA shall facilitate the exchange of best practice between audiovisual media service providers. 3. Such codes of conduct shall include a requirement that media service providers report on an annual basis to Member States about the steps taken and progress made in respect of progressively making their services more accessible to persons with visual and/or hearing disabilities. Member States shall ensure that this information is made publically available. 4. Such codes of conduct shall encourage audiovisual media service providers to develop, and make publicly available, accessibility action plans made in respect of progressively making their services more accessible to persons with visual and/or hearing disabilities. Such action plans shall be communicated to national regulatory authorities.";
2016/11/11
Committee: JURI
Amendment 143 #

2016/0151(COD)

Proposal for a directive
Article 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 2
2. Product placement shall be 2. admissible in all audiovisual media services, except in news and current affairs programmes, consumer affairs programmes, religious programmes and children's programmes, with a significant children's audiencehich should be understood as programmes produced for and aimed at children.
2016/11/11
Committee: JURI
Amendment 163 #

2016/0151(COD)

Proposal for a directive
Article 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1
1. The daily proportion of television advertising spots and teleshopping spots within the period between 7:00 and 23:00a given clock hour shall not exceed 20 %.
2016/11/11
Committee: JURI
Amendment 85 #

2016/0149(COD)

Proposal for a regulation
Recital 1
(1) TIn a small number of cases the tariffs applicable to low volume senders of cross-border parcels and other postal items, particularly small and medium-sized enterprises and individuals, are still relatively high. This has a direct negative impact on users seeking cross- border parcel delivery services, especially in the context of e-commerce.
2017/05/16
Committee: TRAN
Amendment 103 #

2016/0149(COD)

Proposal for a regulation
Recital 5
(5) In most Member States there are several providers who provide domestic parcel delivery services, while only a few of those providers also provide cross- border parcel delivery services. In this context, it is essential to ensure, in order to safeguard and promote effective competition and to protect users, transparunderline the applicability of Union competition law in respect of opent and non-discriminatory access to the services and infrastructure necessary for the provision of cross-border parcel delivery services.
2017/05/16
Committee: TRAN
Amendment 105 #

2016/0149(COD)

Proposal for a regulation
Recital 6
(6) Currently, postal services are regulated by Directive 97/67/EC of the European Parliament and of the Council49 . This Directive establishes common rules governing the provision of postal services and the universal postal service in the Union. It focuses primarily, but not exclusively, on national universal services and does not address regulatory oversight of parcel delivery service providers, and transparency of tariffs and terminal rates , for certain cross-border parcel delivery services, and the assessment of the affordability of tariffs for certain cross-border parcel delivery services and transparent and non-discriminatory access to certain cross-border parcel delivery services and/or infrastructure. This Regulation therefore complements, insofar as cross- border parcel delivery services are concerned, the rules set out in Directive 97/67/EC. _________________ 49 Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service (OJ L 1, 21.1.1998, p 14 - 25).
2017/05/16
Committee: TRAN
Amendment 124 #

2016/0149(COD)

Proposal for a regulation
Recital 9
(9) Terminal rates are based on multilateral and bilateral agreements between Member States of the Universal Postal Union or universal service providers and ensure that the destination universal service provider is remunerated for the costs of the service provided to the originating universal service provider. Terminal rates should be defined in such a way that it includes both terminal dues, as defined in point 15 of Article 2 of Directive 97/67/EC that are applied for letter mail items and inward land rates that are applied to parcels.
2017/05/16
Committee: TRAN
Amendment 128 #

2016/0149(COD)

Proposal for a regulation
Recital 12
(12) When providing information to the national regulatory authority, it should be taken into account that parcel delivery service providers may have already provided certain information to the same national regulatory authority. Parcel delivery services are important for small and medium-sized enterprises and individuals and they should be able to compare easily between different providers. Therefore, the services for which tariffs should be provided by universalcross- border parcel delivery service providers should be clearly defined. Those tariffs should be published by the Commission on a dedicated webpage and should, together with the confidential regular provision of the underlying terminal rates, constitute the basis for the national regulatory authorities to assess the affordability of tariffs for cross-border parcel delivery services. Parcel delivery service providers other than universal service providers may voluntarily provide, in a comparable form, their national regulatory authority with the tariffs for the same items provided that such items are delivered at the home or the premises of the addressee.
2017/05/16
Committee: TRAN
Amendment 136 #

2016/0149(COD)

Proposal for a regulation
Recital 14
(14) When national regulatory authorities annuallydeem it necessary to assess the affordability of tariffs, they should base themselves on objective criteria, such as the domestic tariffs of the originating universal service providers and the destination universal service providers and the level of terminal rates. Those common criteria may be complemented by other criteria of particular relevance for explaining the tariffs in question, such as specific transportation or handling costs and bilateral volumes between different cross-border parcel delivery service providers.
2017/05/16
Committee: TRAN
Amendment 143 #

2016/0149(COD)

Proposal for a regulation
Recital 16
(16) Significant differences between domestic and cross-border tariffs for parcel delivery services should be justified by objective criteria, such as additional costs for transport and a reasonable profit margin. Universal service providers providing parcel delivery services should be required to provide such justification without delay.
2017/05/16
Committee: TRAN
Amendment 150 #

2016/0149(COD)

Proposal for a regulation
Recital 17
(17) In order to ensure transparency across the Union, a non-confidential version of the analysis of a national regulatory authority should be submitted to the national regulatory authorities of the other Member States and to the Commission. Confidentiality is to be ensured by the national regulatory authorities and the Commission, in accordance with article 22a (4) of Directive 97/67/EC. The Commission may also request the European Regulators Group for Postal Services to provide a Union-wide analysis on the basis of the national contributions.
2017/05/16
Committee: TRAN
Amendment 153 #

2016/0149(COD)

Proposal for a regulation
Recital 18
(18) UnParcel deliversaly service providers providing parcel delivery services may conclude multilateral and bilateral agreements on terminal rates and may set up other programmes to facilitate the interconnectivity of their delivery networks. For reasons of non- discrimination, competing parcel delivery service providers shall be granted equal access to the terminal rates applicable between parties under multilateral agreements. It may be justified that terminal rates payable by third-party parcel delivery service providers, in some cases, exceed those payable by universal service providers that are parties to such agreements. This may be the case where the parties to a multilateral agreement on terminal rates are able to demonstrate that the cost of setting up, operating and administering the agreement, the extra cost incurred by accepting and handling items from non-designated parcel delivery service providers and other such costs are not covered by the terminal rates payable by the third-party service provider in the originating Member State, under and subject to the conditions of Union competition law.
2017/05/16
Committee: TRAN
Amendment 156 #

2016/0149(COD)

Proposal for a regulation
Recital 19
(19) In practice and for operational reasons, the point at which access should be provided is the inward office of exchange, which is an office or a facility determined by universal service providers in the destination Member State for handing over postal items other than items of correspondence.deleted
2017/05/16
Committee: TRAN
Amendment 172 #

2016/0149(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point b
(b) the transparency of tariffs and terminal rates for certain cross-border parcel delivery services and the assessment of the affordability of certain cross-border tariffs;
2017/05/16
Committee: TRAN
Amendment 176 #

2016/0149(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point c
(c) transparent and non- discriminatory access to certain cross- border parcel delivery services and/or infrastructure.deleted
2017/05/16
Committee: TRAN
Amendment 182 #

2016/0149(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point a a (new)
(aa) “parcel” means a packet containing goods with or without a commercial value and undergoing a shipment process including clearance, sorting, transport and distribution with a weight not exceeding 31,5kg”.
2017/05/16
Committee: TRAN
Amendment 188 #

2016/0149(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point a
(a) “parcel delivery services” means services involving the clearance, sorting, transport orand distribution of postal items other than items of correspondence; transport alone shall not be considered a parcel delivery service; delivery of such items exceeding 31,5 kg shall not be considered a parcel delivery servicearcels;
2017/05/16
Committee: TRAN
Amendment 196 #

2016/0149(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point b
(b) “parcel delivery service provider” means an undertaking that provides one or more parcel delivery services; sub- contractors shall not be regarded as parcel delivery providers;
2017/05/16
Committee: TRAN
Amendment 199 #

2016/0149(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point c
(c) “terminal rates” means payments from the originating universal service provider to the destination universal service provider for the costs of cross- border parcel delivery services in the destination Member State.deleted
2017/05/16
Committee: TRAN
Amendment 215 #

2016/0149(COD)

Proposal for a regulation
Article 3 – paragraph 3 – introductory part
3. By 31 March of each calendar year, all parcel delivery service providers shall submit the following information to the national regulatory authority of the Member State in which they are established unless the national regulatory authority has already requested and received such information:
2017/05/16
Committee: TRAN
Amendment 219 #

2016/0149(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point a
(a) the annual turnover in parcel delivery services for the previous calendar year in the Member State in which the provider is established, broken down in parcel delivery services relating to national, incoming and outgoing cross- border postal itemarcels;
2017/05/16
Committee: TRAN
Amendment 222 #

2016/0149(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point b
(b) the number of persons working foremployed by the provider and involved in the provision of parcel delivery services in the Member State in which the provider is established in the previous calendar year
2017/05/16
Committee: TRAN
Amendment 223 #

2016/0149(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point b a (new)
(ba) the names of their sub-contractors that employ at least 50 persons, including full-time, part-time, temporary employees and self-employed;
2017/05/16
Committee: TRAN
Amendment 225 #

2016/0149(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point c
(c) the number of postal items other than items of correspondence and not exceeding 31,5 kgarcels handled in the Member State in which the parcel delivery service provider is established in the previous calendar year, broken down into national, incoming and outgoing cross- border postal itemarcels.
2017/05/16
Committee: TRAN
Amendment 235 #

2016/0149(COD)

Proposal for a regulation
Article 3 – paragraph 6
6. A parcel delivery service provider which employs fewer than 50 persons and whose annual turnover and/or annual balance sheet total does not exceed EUR 10 million1a shall not be subject to the obligations under paragraph 1 and 2, unless that provider is established in more than one Member State. The number of persons employed by parcel delivery service provider shall include full-time, part-time, temporary employees and self-employed. _________________ 1aArticle 2 (2) of COMMISSION RECOMMENDATION of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises
2017/05/16
Committee: TRAN
Amendment 245 #

2016/0149(COD)

Proposal for a regulation
Article 4 – title
Transparency of tariffs and terminal rates
2017/05/16
Committee: TRAN
Amendment 253 #

2016/0149(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Universal service providers providingCross-border parcel delivery service providers shall provide the national regulatory authority of the Member State in which they are established with the public list of tariffs applicable on 1 January of each calendar year for the delivery of postal itemarcels falling within the categories listed in the Annex. That information shall be provided by 31 Jan28February of each calendar year at the latest.
2017/05/16
Committee: TRAN
Amendment 255 #

2016/0149(COD)

2. The national regulatory authorities shall without delay and by 28 February31 March of each calendar year at the latest submit the public lists of tariffs obtained in accordance with paragraph 1 to the Commission. The Commission shall publish them on a dedicated neutral website by 30 April of each calendar year at the latest. This website site should not carry out any commercial activities.
2017/05/16
Committee: TRAN
Amendment 262 #

2016/0149(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. Universal service providers providing parcel delivery services shall provide the national regulatory authority with the terminal rates applicable on 1 January of each calendar year to postal items originating from other Member States. That information shall be provided by 31 January of each calendar year at the latest.deleted
2017/05/16
Committee: TRAN
Amendment 273 #

2016/0149(COD)

Proposal for a regulation
Article 4 – paragraph 4
4. The national regulatory authorities shall submit the terminal rates obtained in accordance with paragraph 3 to the Commission and the national regulatory authorities of the originating Member States by 28 of February of each calendar year at the latest.deleted
2017/05/16
Committee: TRAN
Amendment 282 #

2016/0149(COD)

Proposal for a regulation
Article 5 – paragraph 1 – introductory part
1. TIf the national regulatory authority deems it necessary, it shall assess the affordability of cross- border tariffs included in the public lists of tariffs obtained in accordance with Article 4(1) within 3 months of receipt of that information. In thatThe assessment, in particular the following elements shall be taken shall apply only to tariffs related to services that are part of the universal service obligation and should be lead into account:rdance with article 12 of the Postal Services Directive (97/67/EC).
2017/05/16
Committee: TRAN
Amendment 291 #

2016/0149(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) the domestic tariffs of the comparable parcel delivery services in the originating Member State and in the destination Member State;deleted
2017/05/16
Committee: TRAN
Amendment 300 #

2016/0149(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) the terminal rates obtained in accordance with Article 4(3);deleted
2017/05/16
Committee: TRAN
Amendment 304 #

2016/0149(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) any application of a uniform tariff to two or more Member States.deleted
2017/05/16
Committee: TRAN
Amendment 305 #

2016/0149(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new)
The assessment shall not be deemed necessary in particular where: (a) The tariffs are subject to price regulation under national legislation or (b) Similar services are offered by another parcel delivery service provider
2017/05/16
Committee: TRAN
Amendment 324 #

2016/0149(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. The universal service provider shall provide the national regulatory authority with the information and/or justification referred to in paragraph 2 within 1530 working days of receipt of the request.
2017/05/16
Committee: TRAN
Amendment 330 #

2016/0149(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. The national regulatory authority shall submit its assessment, including any information and/or justification provided in accordance with paragraph 3a non-confidential version of its assessment, to the Commission, and the national regulatory authorities of the other Member States and the national authorities within the Member State of the submitting national regulatory authority entrusted with the implementation of competition law. A non-confidential version of that assessment shall also be provided to the Commission. That information shall be provided by 31 MarchJune of each calendar year at the latest.
2017/05/16
Committee: TRAN
Amendment 334 #

2016/0149(COD)

Proposal for a regulation
Article 5 – paragraph 5
5. The Commission shall publish the non-confidential version of the assessment provided by the national regulatory authorities in accordance with paragraph 4 on the dedicated website by 30 AprilJuly of each calendar year at the latest.
2017/05/16
Committee: TRAN
Amendment 341 #

2016/0149(COD)

Proposal for a regulation
Article 6
1. Whenever universal service providers providing parcel delivery services conclude multilateral agreements on terminal rates they shall meet all reasonable requests for access to all network elements and associated facilities as well as relevant services and information systems, necessary for the provision of cross-border parcel delivery services. 2. The point at which access should be provided shall be the inward office of exchange in the destination Member State 3. Universal service providers referred to in paragraph 1 shall publish a reference offer. The reference offer shall contain all the relevant associated terms and cArticle 6 deleted Transparent and non-ditions, including prices. 4. The reference offer shall include all components necessary for access as referred to in paragraph 1, including any conditions limiting access to and/or use of services where such conditions are allowed by Member States in conformity with Union law. 5. Before the reference offer is published, it shall be approved by the national regulatory authority. The national regulatory authority may, where necessary, impose changes to the reference offer to give effect to obligations set out in this Regulation. 6. Universal service providers referred to in paragraph 1 shall upon request, and based on a reference offer, make an individual offer available to a parcel delivery service provider requesting access within the meaning of that paragraph at the latest one month after the receipt of the request. Universal service providers receiving an access request and providers requesting access shall negotiate in good faith. 7. When no agreement is reached on the basis of the individual offer referred to in paragraph 6, the parcel delivery service provider requesting access may submit the individual offer made by the universal service provider to the national regulatory authority. If necessary, the national regulatory authority shall change the individual offer to give effect to the obligations laid down in this Article. 8. The access shall be operationally ensured within a reasonable period of time, not exceeding three months from the conclusion of the contract.scriminatory cross-border access
2017/05/16
Committee: TRAN
Amendment 375 #

2016/0149(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point b
(b) the extent to which transparent and non-discriminatory wholesale cross- border access as referred to in Article 6 has been granted by universal service providers providing parcel delivery services;deleted
2017/05/16
Committee: TRAN
Amendment 383 #

2016/0149(COD)

Proposal for a regulation
Annex I – subheading 1
Postal itemarcels for which the public list of national and all cross-border tariffs to other Member States shall be notified to the national regulatory authorities:
2017/05/16
Committee: TRAN
Amendment 387 #

2016/0149(COD)

Proposal for a regulation
Annex I – point a
(a) a 500 gr (domestic and intra Union) standard letterparcel, non-tracked;
2017/05/16
Committee: TRAN
Amendment 389 #

2016/0149(COD)

Proposal for a regulation
Annex I – point b
(b) a 1 kg (domestic and intra Union) standard letterparcel, non-tracked;
2017/05/16
Committee: TRAN
Amendment 391 #

2016/0149(COD)

Proposal for a regulation
Annex I – point c
(c) a 2 kg (domestic and intra Union) standard letterparcel, non-tracked;
2017/05/16
Committee: TRAN
Amendment 393 #

2016/0149(COD)

Proposal for a regulation
Annex I – point d
(d) a 500gr (domestic and intra Union) registered letterparcel, tracked;
2017/05/16
Committee: TRAN
Amendment 395 #

2016/0149(COD)

Proposal for a regulation
Annex I – point e
(e) a 1 kg (domestic and intra Union) registered letterparcel, tracked;;
2017/05/16
Committee: TRAN
Amendment 397 #

2016/0149(COD)

Proposal for a regulation
Annex I – point f
(f) a 2 kg (domestic and intra Union) registered letterparcel, tracked;
2017/05/16
Committee: TRAN
Amendment 398 #

2016/0149(COD)

Proposal for a regulation
Annex I – point g
(g) a 500gr (domestic and intra Union) track and trace deletter;d
2017/05/16
Committee: TRAN
Amendment 401 #

2016/0149(COD)

Proposal for a regulation
Annex I – point h
(h) a 1 kg (domestic and intra Union) track and trace deletter;d
2017/05/16
Committee: TRAN
Amendment 402 #

2016/0149(COD)

Proposal for a regulation
Annex I – point i
(i) a 2 kg (domestic and intra Union) track and trace deletter;d
2017/05/16
Committee: TRAN
Amendment 404 #

2016/0149(COD)

Proposal for a regulation
Annex I – point j
(j) a 1 kg (domestic and intra Union) standard parcel;deleted
2017/05/16
Committee: TRAN
Amendment 407 #

2016/0149(COD)

Proposal for a regulation
Annex I – point k
(k) a 2 kg (domestic and intra Union) standard parcel;deleted
2017/05/16
Committee: TRAN
Amendment 409 #

2016/0149(COD)

Proposal for a regulation
Annex I – point m
(m) a 1 kg (domestic and intra Union) track and trace parcel;deleted
2017/05/16
Committee: TRAN
Amendment 412 #

2016/0149(COD)

Proposal for a regulation
Annex I – point n
(n) a 2 kg (domestic and intra Union) track and trace parcel;deleted
2017/05/16
Committee: TRAN
Amendment 415 #

2016/0149(COD)

Proposal for a regulation
Annex I – paragraph 1 – introductory part
The postal itemarcels, as defined above, shall meet the following criteria:
2017/05/16
Committee: TRAN
Amendment 417 #

2016/0149(COD)

Proposal for a regulation
Annex I – paragraph 1 – point a
(a) The size limits of the postal itemarcels a-i (letter mail products) shall follow the following rule: Length, width and depth combined: 900 mm, the greatest dimension may not exceed 600 mm the smallest dimension shall exceed 20mm;
2017/05/16
Committee: TRAN
Amendment 418 #

2016/0149(COD)

Proposal for a regulation
Annex I – paragraph 1 – point b
(b) The parcels (items j-o) shall not be smaller than the size prescribed for letters (a-i)deleted
2017/05/16
Committee: TRAN
Amendment 246 #

2016/0084(COD)

Proposal for a regulation
Article 18 – paragraph 1
A CE marked fertilising productmaterial that has undergone a recovery operation and complies with the requirements laid down in this Regulation shall be considered to complybe a component material of a CE marked fertilising product that complies with the conditions laid down in Article 6(1) of Directive 2008/98/EC and shall, therefore, be considered asto havinge ceased to bebeing waste.
2017/03/16
Committee: ENVI
Amendment 272 #

2016/0084(COD)

Proposal for a regulation
Article 42 – paragraph 1 – introductory part
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes III to IV for the purposes of adapting them to technical progress and facilitating internal market access and free movement for CE marked fertilising products
2017/03/16
Committee: ENVI
Amendment 288 #

2016/0084(COD)

Proposal for a regulation
Article 42 – paragraph 2
2. Where the Commission amends Annex II in order to add newdeleted name of the micro- organisms to the component material category for such organisms pursuant to paragraph 1, it shall do so on the basis of the following data: (a) (b) taxonomic classific; information on residue levels of information ofn the micro-organism; (c) historical data of safe production and use of the micro-organism (d) taxonomic relation to micro- organism species fulfilling the requirements for a Qualified Presumption of Safety as established by the European Food Safety Agency; (e) toxins; (f) process; and (g) residual intermediates or microbial metabolites in the component material.production information on the identity of
2017/03/16
Committee: ENVI
Amendment 298 #

2016/0084(COD)

Proposal for a regulation
Article 42 – paragraph 3
3. When adopting delegated acts in accordance with paragraph 1, the Commission may amend the component material categories set out in Annex II in order to add animal by-products within the meaning of Regulation (EC) No 1069/2009 only where an end point in the manufacturing chain has been determined for such products in accordance with the procedures laid down in that Regulation.
2017/03/16
Committee: ENVI
Amendment 302 #

2016/0084(COD)

Proposal for a regulation
Article 42 – paragraph 4
4. The Commission shall also be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes III to IV in the light of new scientific evidence. The Commission shall use this empowerment where, based on a risk assessment, an amendment proves necessary to ensure that any CE marked fertilising product complying with the requirements of this Regulation does not, under normal conditions of use, present an unacceptable risk to human, animal, or plant health, to safety or to the environment.
2017/03/16
Committee: ENVI
Amendment 338 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 1 – subparagraph 2
of solely biological origin, including peat, leonardite, lignite and other substances obtained from them, but excluding other materials which isare fossilized or embedded in geological formations.
2017/03/17
Committee: ENVI
Amendment 344 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 1
- Cadmium (Cd) 1,580 mg/kg dry matter,
2017/03/17
Committee: ENVI
Amendment 357 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 3 a (new)
3a. Clostridium botulinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
2017/03/17
Committee: ENVI
Amendment 359 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 4 a (new)
4a. Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
2017/03/17
Committee: ENVI
Amendment 377 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 1 – subparagraph 2
of solely biological origin, including peat, leonardite, lignite and other substances obtained from them, but excluding other materials which isare fossilized or embedded in geological formations.
2017/03/17
Committee: ENVI
Amendment 395 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 1
- As of [Publications office, please insert the date of application of this Regulation]: 680 mg/kg phosphorus pentoxide (P2O5),
2017/03/17
Committee: ENVI
Amendment 402 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 2
- As of [Publications office, please insert the date occurring three years after the date of application of this Regulation]: 40 mg/kg phosphorus pentoxide (P2O5), andeleted
2017/03/17
Committee: ENVI
Amendment 416 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 3
- As of [Publications office, please insert the date occurring twelve years after the date of application of this Regulation]: 20 mg/kg phosphorus pentoxide (P2O5),deleted
2017/03/17
Committee: ENVI
Amendment 434 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point e a (new)
(ea) biuret (C2H5N3O2) 12 g/kg;
2017/03/17
Committee: ENVI
Amendment 440 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 4 a (new)
4a. Clostridium botulinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
2017/03/17
Committee: ENVI
Amendment 442 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 5 a (new)
5a. Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
2017/03/17
Committee: ENVI
Amendment 464 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 1
1. An minorganiceral macronutrient fertiliser shall be aimed at providing plants with one or more of the following macronutrients: (a) Primary: nitrogen (N), phosphorus (P), and potassium (K),. (b) Secondary: magnesium (Mg), calcium (Ca), sulphur (S) or sodium (Na). The declarable nitrogen content is given by the sum of ammoniacal N, nitric N, ureic N, N from urea formaldehyde, N from isobutylidene diurea, N from crotonylidene diurea. The declarable primary and secondary content is given by the P2O5, K2O, MgO, CaO, SO3, and Na2O form.
2017/03/17
Committee: ENVI
Amendment 480 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 1
- As of [Publications office, please insert the date of application of this Regulation]: 680 mg/kg phosphorus pentoxide (P2O5),
2017/03/17
Committee: ENVI
Amendment 488 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 2
- As of [Publications office, please insert the date occurring three years after the date of application of this Regulation]: 40 mg/kg phosphorus pentoxide (P2O5), andeleted
2017/03/17
Committee: ENVI
Amendment 499 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 3
- As of [Publications office, please insert the date occurring twelve years after the date of application of this Regulation]: 20 mg/kg phosphorus pentoxide (P2O5),deleted
2017/03/17
Committee: ENVI
Amendment 512 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point d
(d) Nickel (Ni) 1290 mg/kg dry matter,
2017/03/17
Committee: ENVI
Amendment 522 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 1
1. A straight solid minorganiceral macronutrient fertiliser shall have a declared content of not more than oneone primary nutrient.
2017/03/17
Committee: ENVI
Amendment 524 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – introductory part
2. The CE marked fertilising product shall contain one of the following declared primary nutrients in the minimum quantity stated:
2017/03/17
Committee: ENVI
Amendment 526 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 3 a (new)
- and may contain one or more secondary nutrients in the minimum quantity stated:
2017/03/17
Committee: ENVI
Amendment 527 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 4
- 53% by mass of total magnesium oxide (MgO),
2017/03/17
Committee: ENVI
Amendment 528 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 5
- 128% by mass of total calcium oxide (CaO),
2017/03/17
Committee: ENVI
Amendment 531 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 1
1. A compound solid minorganiceral macronutrient fertiliser shall have a declared content of more than one primary nutrient.
2017/03/17
Committee: ENVI
Amendment 533 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2
2. The CE marked fertilising product shall contain more than one of the following declared primary nutrients in the minimum quantities stated:
2017/03/17
Committee: ENVI
Amendment 537 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 3 a (new)
- and may contain one of or more secondary nutrients in the minimum quantity stated:
2017/03/17
Committee: ENVI
Amendment 546 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 1
1. A straight liquid minorganiceral macronutrient fertiliser shall have a declared content of not more than one primary nutrient.
2017/03/17
Committee: ENVI
Amendment 548 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – introductory part
2. The CE marked fertilising product shall contain one of the following declared primary nutrients in the minimum quantity stated:
2017/03/17
Committee: ENVI
Amendment 551 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – indent 3 a (new)
- and may contain one or more secondary nutrients in the minimum quantity stated:
2017/03/17
Committee: ENVI
Amendment 557 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – introductory part
2. The CE marked fertilising product shall contain more than one of the following declared primary nutrients in the minimum quantities stated:
2017/03/17
Committee: ENVI
Amendment 560 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 1
- 1,53% by mass of total nitrogen (N),
2017/03/17
Committee: ENVI
Amendment 562 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 2
- 1,53% by mass of total phosphorus pentoxide (P2O5),
2017/03/17
Committee: ENVI
Amendment 564 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 3
- 1,54% by mass of total potassium oxide (K2O),
2017/03/17
Committee: ENVI
Amendment 566 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 3 a (new)
- and may contain of or more secondary nutrients in the minimum quantity stated:
2017/03/17
Committee: ENVI
Amendment 582 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 3 (A) – paragraph 1
1. An organic soil improver shall consist exclusively of material of solely biological origin, including peat, leonardite, lignite and substances obtained from them, but excluding other materials which is fossilized or embedded in geological formations.
2017/03/17
Committee: ENVI
Amendment 590 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 3(A) – paragraph 3 – point a a (new)
(aa) Clostridium botolinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
2017/03/17
Committee: ENVI
Amendment 591 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 3(A) – paragraph 3 – point b a (new)
(ba) Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
2017/03/17
Committee: ENVI
Amendment 609 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 4 – paragraph 3 a (new)
3a. Clostridium botulinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
2017/03/17
Committee: ENVI
Amendment 611 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 4 – paragraph 4 a (new)
4a. Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
2017/03/17
Committee: ENVI
Amendment 648 #

2016/0084(COD)

Proposal for a regulation
Annex I – part 2 – PFC 6 (A) – paragraph 12
12. When the microbial plant biostimulant consists of a suspension or a solution, where - a suspension means a two-phase dispersion in which solid particles are maintained in suspension in the liquid phase, and - free of solid particles, the plant biostimulant shall have a pH superior or equal to 4.deleted a solution means a liquid that is
2017/03/17
Committee: ENVI
Amendment 731 #

2016/0084(COD)

Proposal for a regulation
Annex II – part 2 – CMC 8 – paragraph 3
3. A CE marked fertilising product may contain a compliant nitrification inhibitor, as referred to in PFC 5(A)(I) of Annex I, only if at least 50% of the total nitrogen (N) content of the fertilising product consists of the nitrogen (N) forms ammonium (NH4+) and/or urea (CH4N2O).
2017/04/05
Committee: ENVI
Amendment 732 #

2016/0084(COD)

Proposal for a regulation
Annex II – part 2 – CMC 9 – paragraph 3
3. The polymers shall not contain a maximum of 600 ppm free formaldehyde.
2017/04/05
Committee: ENVI
Amendment 740 #

2016/0084(COD)

Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – introductory part
2. As of [Publications office, please insert the date occurring threfive years after the date of application of this Regulation], the following criterion shall berequirements shall apply: (a) a standard for the biodegradability by setting a timeframe in which at least 90% of the organic carbon is converted into CO2, after the claimed release time of the polymer has been fulfilled, and (b) a biodegradability test that complieds with the following criterion: Tthe polymer ishall be capable of undergoing physical, biological decomposition, such that most of it ultimately decomposes into carbon dioxide (CO2), biomass and water. It shall have at least 90 % of the organic carbon converted into CO2 in maximum 24 months, in a biodegradability test as specified points (a)-(c) below.
2017/04/05
Committee: ENVI
Amendment 746 #

2016/0084(COD)

Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – point a
(a) The test shall be conducted at 25°C ± 2°C.deleted
2017/04/05
Committee: ENVI
Amendment 751 #

2016/0084(COD)

Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – point b
(b) The test shall be conducted in accordance with a method for determining the ultimate aerobic biodegradability of plastic materials in soils by measuring oxygen demand or the amount of carbon dioxide evolved.deleted
2017/04/05
Committee: ENVI
Amendment 757 #

2016/0084(COD)

Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – point c
(c) A micro-crystalline cellulose powder with the same dimension as the test material shall be used as a reference material in the test.deleted
2017/04/05
Committee: ENVI
Amendment 762 #

2016/0084(COD)

Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – point d
(d) Prior to the test, the test material shall not be subject to conditions or procedures designed to accelerate the degradation of the film, such as exposure to heat or light.deleted
2017/04/05
Committee: ENVI
Amendment 781 #

2016/0084(COD)

Proposal for a regulation
Annex III – part 2 – PFC 1 – paragraph 2 – point b
(b) The nitrification inhibitor content shall be expressed as a percentage by mass of the total nitrogen (N) present as ammonium nitrogen (NH4+) and/or urea nitrogen (CH4N2O).
2017/04/05
Committee: ENVI
Amendment 785 #

2016/0084(COD)

Proposal for a regulation
Annex III – part 2 – PFC 1 (C)(I) – paragraph 1 – point a
(a) the declared nutrients nitrogen (N), phosphorus (P) or potassium (K), by their chemical symbols in the order N-P-K; . The declared nitrogen content is given by the sum of ammoniacal N, nitric N, ureic N, N from urea formaldehyde, N from isobutylidene diurea, and N from crotonylidene diurea. Phosphorus fertilisers must fulfil the following minimum solubility levels to be plant-available, otherwise they cannot be declared as phosphorus fertilisers: – water solubility: minimum level 40% of total P2O5, – minimum level 75% of total P2O5, solubility in neutral ammonium citrate, – solubility in formic acid (only for soft rock phosphate): minimum level 55% of total P2O5.
2017/04/05
Committee: ENVI
Amendment 819 #

2016/0084(COD)

Proposal for a regulation
Annex III – part 3 – PFC 1(B) – table
Permissible tolerance for the declared content of forms of inorganic macronutrient N P2O5 K2O MgO CaO SO3 Na2O ± 25% of the declared content of ± 25- 50% and +100% of the declared content of ± 25% of the declared the nutrient forms present up to a content of those nutrients up to a maximum content up to a maximum of 2 percentage point of 1,5 percentage points in maximum of -2 and +4 percentage maximum of 0,9 in absolute terms for each points in absolute terms. percentage points in nutrient separately and for the absolute terms absolute terms sum of nutrients The above tolerance values apply also for the N-forms and for the solubilities.
2017/04/05
Committee: ENVI
Amendment 823 #

2016/0084(COD)

Proposal for a regulation
Annex III – part 3 – PFC 1(C) (I) – table
Permissible tolerance for the declared content of forms of macronutrient N P2O5 K2O MgO CaO SO3 Na2O ± 25% of the declared content of ± 25-50% and +100% of the declared content of ± 25% of the declared the nutrient forms present up to a content of those nutrients up to a maximum content up to a maximum of 2 percentage point of 1,5maximum of -2 and +4 percentage points in maximum of 0,9 in absolute terms for each points in absolute terms. percentage points in nutrient separately and for the absolute terms absolute terms sum of nutrients The above tolerance values apply also for the N-forms and for the solubilities.
2017/04/05
Committee: ENVI
Amendment 827 #

2016/0084(COD)

Proposal for a regulation
Annex III – part 3 – PFC 1(C) (I) – paragraph 1
Granulometry: ± 120 % relative deviation applicable to the declared percentage of material passing a specific sieve
2017/04/05
Committee: ENVI
Amendment 830 #

2016/0084(COD)

Proposal for a regulation
Annex III – part 3 – PFC 1(C) (I) – paragraph 2
Quantity: ± 53 % relative deviation of the declared value
2017/04/05
Committee: ENVI
Amendment 833 #

2016/0084(COD)

Proposal for a regulation
Annex IV – part 2 – Module A – paragraph 2.2 – point b
(b) conceptual design and manufacturing drawings and schemes,deleted
2017/04/05
Committee: ENVI
Amendment 837 #

2016/0084(COD)

Proposal for a regulation
Annex IV – part 2 – Module A – paragraph 2.2 – point c
(c) descriptions and explanations necessary for the understanding of those drawings and schemes and the use of the CE marked fertilising product,deleted
2017/04/05
Committee: ENVI
Amendment 843 #

2016/0084(COD)

Proposal for a regulation
Annex IV – part 2 – Module A 1 – paragraph 4 – introductory part
The cycles and test referred to under Headings 4.1-4.3 below shall be carried out on a representative sample of the product at least every 36 months on behalf of the manufacturer, in order to verify conformity with
2017/04/05
Committee: ENVI
Amendment 40 #

2016/0070(COD)

Proposal for a directive
Recital 8 a (new)
(8a) When calculating the duration of posting, only postings within the same contract concluded by the undertaking referred to in Article 1 (1) should be taken into account.
2017/03/17
Committee: JURI
Amendment 41 #

2016/0070(COD)

Proposal for a directive
Recital 8 b (new)
(8b) When assessing working place for the purpose of calculating the duration of posting in the context of replacement, the working place should be understood as the very same working place where the worker is posted to the same working position to perform the same tasks.
2017/03/17
Committee: JURI
Amendment 42 #

2016/0070(COD)

Proposal for a directive
Recital 8 c (new)
(8c) For the calculation of the remuneration within the meaning of this Directive, minimum rates of pay and other mandatory elements, laid down by law or universally applicable collective agreements or arbitration awards, should be taken into account, provided that these elements do not alter the relationship between the service provided by a worker and the consideration which the worker receives in return. The mandatory elements are the elements which apply to all workers and that are not optional or dependent on certain events or factors. Member States should specify in a transparent way the different elements of remuneration applicable in their territory. Posted worker should be entitled to the gross amount of remuneration which does not have to comply with the all mandatory elements but to the amount required.
2017/03/17
Committee: JURI
Amendment 45 #

2016/0070(COD)

Proposal for a directive
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of th it would be pmosting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suited for these challenges to be addressed suited to address this topic through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.
2017/03/17
Committee: JURI
Amendment 60 #

2016/0070(COD)

Proposal for a directive
Recital 14
(14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remuneration exist at national level, the Member State may apply them in a non- discriminatory manner to undertakings posting workers to its territory provided that they do not disproportionately restrict the cross-border provision of services.deleted
2017/03/17
Committee: JURI
Amendment 67 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point - -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2 a (new)
(http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31996L0071:en:HTML)(-1a) In Article 1, the following paragraph is inserted: 2a. This Directive shall not apply to transport undertakings. Or. en
2017/03/17
Committee: JURI
Amendment 68 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point -1 b (new)
Directive 96/71/EC
Article 1 – paragraph 2 b (new)
(http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31996L0071:en:HTML)(-1b) In Article 1, the following paragraph is inserted: 2b. This Directive shall not apply to undertakings referred to in Article 1 (1) which post workers, if the period of posting does not exceed three days within one month reference period. Or. en
2017/03/17
Committee: JURI
Amendment 69 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a
(1) The following Article 2a is added: ‘Article 2a Posting exceeding twenty-four months 1. effective duration of posting exceeds twenty-four months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out. 2. case of replacement of posted workers performing the same task at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months.’deleted When the anticipated or the For the purpose of paragraph 1, in
2017/03/17
Committee: JURI
Amendment 70 #
2017/03/27
Committee: IMCO
Amendment 71 #

2016/0070(COD)

Proposal for a directive
Recital 8 b (new)
(8 b) When assessing working place for the purpose of calculating the duration of posting in the context of replacement, the working place should be understood as the very same working place where the worker is posted to the same working position to perform the same tasks.
2017/03/27
Committee: IMCO
Amendment 72 #

2016/0070(COD)

Proposal for a directive
Recital 8 c (new)
(8 c) For the calculation of the remuneration within the meaning of this Directive, minimum rates of pay and other mandatory elements, laid down by law or universally applicable collective agreements or arbitration awards, are to be taken into account, provided that these elements do not alter the relationship between the service provided by a workers and the consideration which the worker receives in return. The mandatory elements are the elements which apply to all workers and that are not optional or dependent on certain events or factors. Member States should specify in a transparent way the different elements of remuneration applicable on their territory. Posted worker should be entitled to the gross amount of remuneration which does not have to comply with the all mandatory elements but to the amount required.
2017/03/27
Committee: IMCO
Amendment 82 #

2016/0070(COD)

Proposal for a directive
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of th it would be pmosting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suited for these challenges to be addressed suited to address this topic through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.
2017/03/27
Committee: IMCO
Amendment 90 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 1 - point c
(c) remuneration, including overtime ratesminimum rates of pay, including overtime rates, unless the Member State fails to publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of minimum rates of pay, their geographic and personal scope and the method of calculation; this point does not apply to supplementary occupational retirement pension schemes;
2017/03/17
Committee: JURI
Amendment 100 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
For the purposes of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitthe concept of minimum rates of pay referred to in point (c) of the first subparagraph is defined by the national law and/or praction awards within the meaning of paragraph 8 second subparagraph, ince of the Member State to whose territory the worker is posted.
2017/03/17
Committee: JURI
Amendment 105 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 - subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remunerminimum rates of pay, their geographic and personal scope and the method of calculation in accordance with point (c) of the first subparagraph.
2017/03/17
Committee: JURI
Amendment 107 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 - subparagraph 3 a (new)
If the payment received by the posted worker is at least equal to the minimum rates of pay, it shall be deemed that this posted worker has received the minimum rates of pay provided for in this Directive.
2017/03/17
Committee: JURI
Amendment 108 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)
Directive 96/71/EC
Article 3 – paragraph -1 a (new)
aa. The following paragraph is added: -1a. When the effective duration of posting exceeds 24 months Member States shall ensure, whatever the law applicable to the employment relationship, that the undertaking referred to in Article 1(1) guarantee workers posted to their territory, in addition to the terms and conditions of employment referred to in paragraph 1 of this Article, the terms and conditions of employment covering the following matters which, in the Member State where the work is carried out, are laid down: – by law, regulation or administrative provision, and/or – by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8: (a) other mandatory rules relating to leave and holiday entitlements, in addition paragraph 1(b) ; (b) parental and paternal leave; (c) other mandatory rules relating to working hours and rest periods, in addition to paragraph 1(a) (d) remuneration, including overtime rates, in addition to paragraph 1(c), unless the Member State fails to publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of the remuneration, their geographic and personal scope and the method of calculation; this point does not apply to supplementary occupational retirement pension schemes; Where a posted worker is replaced by another posted worker performing the same task at the same working place [by the undertaking referred to in Article 1(1) ], the duration of the posting shall for the purposes of this paragraph be the cumulative duration of the posting periods of the individual workers concerned. This paragraph shall not apply to workers that are posted for an effective duration of 6 months or less. For the purpose of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph, in the Member State to whose territory the worker is posted. Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration, their geographic and personal scope and the method of calculation in accordance with point (d). If the payment received by the posted worker is at least equal to the amount of constituent elements of remuneration, it shall be deemed that this posted worker has received the remuneration provided for in this Directive.
2017/03/17
Committee: JURI
Amendment 110 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
(b) The following paragraph is added: ‘1a. If undertakings established in the territory of a Member State are obliged by law, regulation, administrative provision or collective agreement, to sub-contract in the context of their contractual obligations only to undertakings that guarantee certain terms and conditions of employment covering remuneration, , the Member State may, on a non– discriminatory and proportionate basis, provide that such undertakings shall be under the same obligation regarding subcontracts with undertakings referred to in Article 1 (1) posting workers to its territory.’deleted
2017/03/17
Committee: JURI
Amendment 121 #

2016/0070(COD)

Proposal for a directive
Recital 14
(14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remuneration exist at national level, the Member State may apply them in a non- discriminatory manner to undertakings posting workers to its territory provided that they do not disproportionately restrict the cross-border provision of services.deleted
2017/03/27
Committee: IMCO
Amendment 132 #

2016/0070(COD)

Proposal for a directive
Recital 8 a (new)
(8a) When calculating the duration of posting, only postings within the same contract concluded by the undertaking referred to in Article 1 (1) should be taken into account.
2017/03/08
Committee: EMPL
Amendment 133 #

2016/0070(COD)

Proposal for a directive
Recital 8 b (new)
(8b) When assessing working place for the purpose of calculating the duration of posting in the context of replacement, the working place should be understood as the very same working place where the worker is posted to the same working position to perform the same tasks.
2017/03/08
Committee: EMPL
Amendment 134 #

2016/0070(COD)

Proposal for a directive
Recital 8 c (new)
(8c) For the calculation of the remuneration within the meaning of this Directive, minimum rates of pay and other mandatory elements, laid down by law or universally applicable collective agreements or arbitration awards, are to be taken into account, provided that these elements do not alter the relationship between the service provided by a workers and the consideration which the worker receives in return. The mandatory elements are the elements which apply to all workers and that are not optional or dependent on certain events or factors. Member States should specify in a transparent way the different elements of remuneration applicable on their territory. Posted worker should be entitled to the gross amount of remuneration which does not have to comply with the all mandatory elements but to the amount required.
2017/03/08
Committee: EMPL
Amendment 139 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2 a (new)
(-1) in Article 1, the following paragraph is added: “2a. This Directive shall not apply to transport undertakings.”
2017/03/27
Committee: IMCO
Amendment 141 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2 a (new)
(-1) in Article 1, the following paragraph is added: “2a. This Directive shall not apply to undertakings referred to in Article 1(1) which post workers, if the period of posting does not exceed three days within a one month reference period.”
2017/03/27
Committee: IMCO
Amendment 142 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point -1 a (new)
Directive 96/71/EC
Article 1 – paragraph 4 a (new)
(-1a) in Article 1, the following paragraph is added: “4a. Undertakings established in a non- member State must not be given more favourable treatment than undertakings established in a Member State."
2017/03/27
Committee: IMCO
Amendment 146 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
(1) The following Article 2a is added: ‘Article 2a Posting exceeding twenty-four months 1. When the anticipated or the effective duration of posting exceeds twenty-four months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out. 2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same task at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months. ’deleted
2017/03/27
Committee: IMCO
Amendment 155 #

2016/0070(COD)

Proposal for a directive
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of th it would be pmosting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suited for these challenges to be addressed suited to address this topic through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.
2017/03/08
Committee: EMPL
Amendment 178 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point c
(c) remuneration, including overtime ratesminimum rates of pay, including overtime rates, unless the Member State fails to publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of minimum rates of pay, their geographic and personal scope and the method of calculation; this point does not apply to supplementary occupational retirement pension schemes;
2017/03/27
Committee: IMCO
Amendment 193 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
For the purposes of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitthe concept of minimum rates of pay referred to in paragraph 1 (c) is defined by the national law and/or praction awards within the meaning of paragraph 8 second subparagraph, ince of the Member State to whose territory the worker is posted.
2017/03/27
Committee: IMCO
Amendment 200 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration in accordance with point (c)minimum rates of pay, their geographic and personal scope and the method of calculation in accordance with point (c). If the payment received by the posted worker is at least equal to the minimum rates of pay, it shall be deemed that this posted worker has received the minimum rates of pay provided for in this Directive.
2017/03/27
Committee: IMCO
Amendment 201 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration in accordance with point (c)., their geographic and personal scope and the method of calculation in accordance with point (d). If the payment received by the posted worker is at least equal to the amount of constituent elements of remuneration, it shall be deemed that this posted worker has received the remuneration provided for in this Directive."
2017/03/27
Committee: IMCO
Amendment 210 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
1a. If undertakings established in the territory of a Member State are obliged by law, regulation, administrative provision or collective agreement, to sub-contract in the context of their contractual obligations only to undertakings that guarantee certain terms and conditions of employment covering remuneration,, the Member State may, on a non– discriminatory and proportionate basis, provide that such undertakings shall be under the same obligation regarding subcontracts with undertakings referred to in Article 1 (1) posting workers to its territory.deleted
2017/03/27
Committee: IMCO
Amendment 214 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)
Directive 96/71/EC
Article 3 – paragraph 1 a a (new)
(ba) The following paragraph is added: "1aa. When the effective duration of posting exceeds 24 months Member States shall ensure, whatever the law applicable to the employment relationship, that the undertaking referred to in Article 1(1) guarantee workers posted to their territory, in addition to the terms and conditions of employment referred to in paragraph 1 of this Article, the terms and conditions of employment covering the following matters which, in the Member State where the work is carried out, are laid down: - by law, regulation or administrative provision, and/or - by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8: (a) other mandatory rules relating to leave and holiday entitlements, in addition paragraph 1(b); (b) parental and paternal leave; (c) other mandatory rules relating to working hours and rest periods, in addition to paragraph 1(a) (d) remuneration, including overtime rates, in addition to paragraph 1(c), unless the Member State fails to publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of the remuneration, their geographic and personal scope and the method of calculation; this point does not apply to supplementary occupational retirement pension schemes; Where a posted worker is replaced by another posted worker performing the same task at the same working place [by the undertaking referred to in Article 1(1), the duration of the posting shall for the purposes of this paragraph be the cumulative duration of the posting periods of the individual workers concerned. This paragraph shall not apply to workers that are posted for an effective duration of 6 months or less. For the purpose of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph, in the Member State to whose territory the worker is posted."
2017/03/27
Committee: IMCO
Amendment 229 #

2016/0070(COD)

Proposal for a directive
Recital 14
(14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remuneration exist at national level, the Member State may apply them in a non- discriminatory manner to undertakings posting workers to its territory provided that they do not disproportionately restrict the cross-border provision of services.deleted
2017/03/08
Committee: EMPL
Amendment 260 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2 a (new)
(–1) In Article 1, the following paragraph 2a is inserted : 2a. This Directive shall not apply to transport undertakings.
2017/03/08
Committee: EMPL
Amendment 263 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2 b (new)
(–1) In Article 1, the following paragraph 2b is added: 2b. This Directive shall not apply to undertakings referred to in Article 1(1) which post workers, if the period of posting does not exceed three days within one month reference period.
2017/03/08
Committee: EMPL
Amendment 279 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a
(1) The following Article 2a is added: Article 2a Posting exceeding twenty-four months 1. When the anticipated or the effective duration of posting exceeds twenty-four months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out. 2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same task at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months.deleted
2017/03/08
Committee: EMPL
Amendment 366 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – pragraph 1 – indent 2 – point c
(c) remuneration, including overtime ratesminimum rates of pay, including overtime rates, unless the Member State fails to publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of minimum rates of pay, their geographic and personal scope and the method of calculation; this point does not apply to supplementary occupational retirement pension schemes;
2017/03/08
Committee: EMPL
Amendment 400 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
For the purposes of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitthe concept of minimum rates of pay referred to in paragraph 1 (c) is defined by the national law and/or praction awards within the meaning of paragraph 8 second subparagraph, ince of the Member State to whose territory the worker is posted.
2017/03/08
Committee: EMPL
Amendment 428 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remunerminimum rates of pay, their geographic and personal scope and the method of calculation in accordance with point (c).
2017/03/08
Committee: EMPL
Amendment 438 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3 a (new)
If the payment received by the posted worker is at least equal to the minimum rates of pay, it shall be deemed that this posted worker has received the minimum rates of pay provided for in this Directive.
2017/03/08
Committee: EMPL
Amendment 452 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – pragraph 1 a
(b) The following paragraph is added: 1a. territory of a Member State are obliged by law, regulation, administrative provision or collective agreement, to sub-contract in the context of their contractual obligations only to undertakings that guarantee certain terms and conditions of employment covering remuneration,, the Member State may, on a non– discriminatory and proportionate basis, provide that such undertakings shall be under the same obligation regarding subcontracts with undertakings referred to in Article 1 (1) posting workers to its territory.deleted If undertakings established in the
2017/03/08
Committee: EMPL
Amendment 468 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)
Directive 96/71/EC
Article 3 – paragraph 1 a a (new)
(ba) The following paragraph is added: 1aa. When the effective duration of posting exceeds 24 months, Member States shall ensure that, whatever the law applicable to the employment relationship, the undertaking referred to in Article 1(1) guarantee workers posted to their territory, in addition to the terms and conditions of employment referred to in paragraph 1 of this Article, the terms and conditions of employment covering the following matters which, in the Member State where the work is carried out, are laid down: – by law, regulation or administrative provision, and/or – by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8: (a) other mandatory rules relating to leave and holiday entitlements, in addition paragraph 1(b); (b) parental and paternal leave; (c) other mandatory rules relating to working hours and rest periods, in addition to paragraph 1(a); (d) remuneration, including overtime rates, in addition to paragraph 1(c), unless the Member State fails to publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of the remuneration, their geographic and personal scope and the method of calculation; this point does not apply to supplementary occupational retirement pension schemes; Where a posted worker is replaced by another posted worker performing the same task at the same working place [by the undertaking referred to in Article 1(1), the duration of the posting shall for the purposes of this paragraph be the cumulative duration of the posting periods of the individual workers concerned. This paragraph shall not apply to workers that are posted for an effective duration of six months or less. For the purpose of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph, in the Member State to whose territory the worker is posted. Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration, their geographic and personal scope and the method of calculation in accordance with point (d). If the payment received by the posted worker is at least equal to the amount of constituent elements of remuneration, it shall be deemed that this posted worker has received the remuneration provided for in this Directive.
2017/03/08
Committee: EMPL
Amendment 469 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)
Directive 96/71/EC
Article 3 – paragraph 1 a b (new)
(ba) The following paragraph is added: 1ab. Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration, their geographic and personal scope and the method of calculation in accordance with point (d). If the payment received by the posted worker is at least equal to the amount of constituent elements of remuneration, it shall be deemed that this posted worker has received the remuneration provided for in this Directive.
2017/03/08
Committee: EMPL
Amendment 14 #

2016/0050(COD)

Proposal for a directive
Recital 7
(7) For ensuring safety of navigation, Member States should identify waterways with a maritime character, in accordance with harmonised criteria. The competence requirements for navigating on these waterways should be defined at Union level. Without unnecessarily limiting the mobility of boatmasters, when necessary for ensuring safety of navigation, Member States shcould also have the possibility to identify the waterways entailing specific risks for navigation in accordance with harmonised criteria and procedures, pursuant to this Directive. In such a case, the related competence requirements should be set at Member State level.
2016/06/21
Committee: JURI
Amendment 34 #

2016/0050(COD)

Proposal for a directive
Article 3 – point 1
(1) ‘inland waterway’ means a stretch of water not part of the ssea or ocean, open to navigation;
2016/06/21
Committee: JURI
Amendment 145 #

2016/0050(COD)

Proposal for a directive
Article 4 – paragraph 2
2. A Member State may exempt all deck crew members or groups of crew members having a specific qualification operating exclusively on national inland waterways not linked to the navigable network of another Member State from the obligation set out in paragraph 1. That Member State may issue national certificates of qualification for desk crew members under conditions that differ from the general conditions set out in this Directive. The validity of those national certificates of qualification shall be limited to those national inland waterways which are not linked to the navigable network of another Member State.
2016/10/17
Committee: TRAN
Amendment 178 #

2016/0050(COD)

Proposal for a directive
Article 17 – paragraph 1
1. Training programmes (of an educational character, such as inland navigation schools or classes, or further training programmes, such as courses) leading to diplomas or certificates demonstrating compliance with the standards of competence referred to in Article 15(1) shall be approved by the competent authorities of the Member States in whose territory the relevant education or training institute is established.
2016/10/17
Committee: TRAN
Amendment 211 #

2016/0050(COD)

Proposal for a directive
Article 34 – paragraph 3 a (new)
3a. Member States that have already issued national documents shall set out detailed rules for the exchange of specific national documents (except those for the captain of a vessel) for specific EU qualification certificates on the basis of the need to guarantee navigation safety and the protection of acquired rights. To that end, Member States should compare their current qualification systems with the system set out under this Directive, in particular the minimum period of experience and the required skills. Member States shall also have the possibility, where justified (e.g. similar period of experience but different skill requirements), also to make the issuance of a particular EU qualification certificate in exchange for a national document contingent on the successful completion of an additional competency assessment (examination) .
2016/10/17
Committee: TRAN
Amendment 223 #

2016/0050(COD)

Proposal for a directive
Annex I – point 2 – point 2.1 – point b – indent 3
- have navigation time of not less than 36240 days or 180 days where the applicant can, in addition, provide proof of work experience of at least 1250 days acquired on a seagoing vessel as a member of the deck crew.
2016/10/17
Committee: TRAN
Amendment 7 #

2015/2350(INI)

Motion for a resolution
Recital B
B. whereas waterborne passenger transport in the fields of coastal (short sea) shipping, inland and maritime ferries, urban mobility, cruises and tourism offers great potential for using available excess capacity in terms of both infrastructure and vessels, and whereas in recent years there has been a trend towards intensive development of vessels for different areas of navigation, i.e. river-sea vessels, which meet the requirements on sea-going vessels and are also able to navigate shallow waters;
2016/06/30
Committee: TRAN
Amendment 8 #

2015/2350(INI)

Motion for a resolution
Recital B
B. whereas waterborne passenger transport in the fields of coastal (short sea) shipping, inland and maritime ferries, urban mobility, cruises and tourism offers great potential for using available excess capacity in terms of both infrastructure and vessels; whereas technological developments have once again made waterborne transport an alternative to congested access roads to city centres;
2016/06/30
Committee: TRAN
Amendment 12 #

2015/2350(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas inland waterway transport has been recognised as an environmentally-friendly mode of transport, requiring special attention and support, and whereas the White Paper recommends promoting maritime and inland waterway transport, increasing the share of coastal and inland shipping and improving transport safety;
2016/06/30
Committee: TRAN
Amendment 31 #

2015/2350(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Stresses the need to eliminate bottlenecks in the connections between the extended West European inland waterway system and the existing East European system, which has suffered considerable, and in places total, degradation;
2016/06/30
Committee: TRAN
Amendment 44 #

2015/2350(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Calls on the Member States to promote and support local initiatives aimed at activating inland waterway transport as a means of supplying agglomerations, including by developing distribution centres in river ports and developing passenger transport, primarily to make the areas concerned more attractive to tourists;
2016/06/30
Committee: TRAN
Amendment 45 #

2015/2350(INI)

Motion for a resolution
Paragraph 6
6. Emphasises that WPT should be better integrated into information, booking and ticketing systems in order to improve the quality of public services and further develop the tourism sector; stresses the need to take waterborne passenger transport operators into account in the work on the European integrated ticketing system;
2016/06/30
Committee: TRAN
Amendment 87 #

2015/2350(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Notes the need for greater emphasis to be placed on the safety of the crew and passengers of coastal vessels in the context of uncontrolled flows of illegal immigrants to Europe by sea; calls on the Commission to make a specific effort to secure and adequately protect the external maritime borders of the European Union;
2016/06/30
Committee: TRAN
Amendment 89 #

2015/2350(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Notes the huge possibilities which supporting the eastern border of the European Union on the Bug River could have for developing cross-border cooperation with Belarus and Ukraine; calls on the Commission to pay more attention to the potential of this connection for developing the tourism potential of the EU's eastern regions;
2016/06/30
Committee: TRAN
Amendment 95 #

2015/2350(INI)

Motion for a resolution
Paragraph 19
19. Encourages the Commission to integrate the principles of Regulation (EU) No 1177/2010 into its proposal on intermodal passenger rights, including aspects of barrier-free accessibility for people with disabilities or reduced mobility, and also to take account in it of the special needs of the elderly and families travelling with children;
2016/06/30
Committee: TRAN
Amendment 104 #

2015/2350(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Notes the great potential in creating convenient connections between inland waterway routes and the European network of cycle routes for increasing the attractiveness to tourists of many EU regions; stresses the need to take into account the needs of people travelling with bicycles using waterborne passenger transport;
2016/06/30
Committee: TRAN
Amendment 109 #

2015/2350(INI)

Motion for a resolution
Paragraph 21
21. Highlights the potential and desirability of integrating WPT into a multimodal mobility framework, taking into account public transport in large agglomerations, for both commuters and tourists; considers, in this connection, that further improvements are needed in order to develop integrated ticketing schemes, to enhance reliability, comfort, punctuality and frequency and to achieve faster boarding times in order to attract passengers;
2016/06/30
Committee: TRAN
Amendment 114 #

2015/2350(INI)

Motion for a resolution
Paragraph 22
22. Proposes that a European inland navigation agency be established to bring about the ‘single area for waterborne passenger transport’ and to strive to converge the governance and regulatory systems that already exist for the Rhine, the Danube and other inland waterways;deleted
2016/06/30
Committee: TRAN
Amendment 5 #

2015/2349(INI)

Draft opinion
Recital A a (new)
Aa. whereas SMEs play a special role in job creation in the transport sector, particularly in road transport, and whereas they are in a weaker position in terms of access to finance for essential investments, including loans and support from European funds;
2016/06/28
Committee: EMPL
Amendment 7 #

2015/2349(INI)

Motion for a resolution
Recital C
C. whereas small transport undertakings play a crucial role in the proper functioning of mobility in Europe, especially in peripheral areas and around big cities without a properly developed suburban transport service, but often encounter difficulties in accessing or maintaining their place within the market;
2016/06/16
Committee: TRAN
Amendment 17 #

2015/2349(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas the organisation of transport in big cities and on the roads leading to them causes congestion and traffic jams, creating a significant burden on the economy; whereas this can be addressed by supplementing the transport network with public transport services provided by SMEs or sharing economy operators;
2016/06/16
Committee: TRAN
Amendment 19 #

2015/2349(INI)

Motion for a resolution
Recital E b (new)
Eb. whereas the passenger and goods road transport sector is the most suitable area for the creation and operation of SMEs in the transport sector; whereas barriers to entering the road transport market are lowest for SMEs, access to road infrastructure easiest and the cost of purchasing and servicing vehicles most affordable;
2016/06/16
Committee: TRAN
Amendment 20 #

2015/2349(INI)

Motion for a resolution
Recital E c (new)
Ec. whereas their flexibility, understanding of consumers’ transport needs and affordability mean that SMEs in the transport sector are an important complement to the public transport network in big cities, particularly at times of day when public transport is very infrequent;
2016/06/16
Committee: TRAN
Amendment 21 #

2015/2349(INI)

Motion for a resolution
Recital E d (new)
Ed. having regard to the expectations of consumers looking for easily accessible and flexible ways to use transport services while prices are maintained in line with the actual costs of provision as well as easy access to reservations and secure payment for services provided;
2016/06/16
Committee: TRAN
Amendment 29 #

2015/2349(INI)

Motion for a resolution
Paragraph 1
1. Takes the view that, in order to respond to the increasing demand for mobility within the constraints of limited infrastructure and increasing environmental requirements, all transport undertakings are under pressure to provide sustainable solutions that are environmentally responsiblemaintain the energy efficiency of means of transport while limiting congestion, but that it is harder for small business to meet these challenges;
2016/06/16
Committee: TRAN
Amendment 35 #

2015/2349(INI)

Draft opinion
Paragraph 2
2. Notes the opportunities of the collaborative economy and the Digital Single Market for job creation and more inclusive growth within small transport businesses; stresses, however, that the collaborative economy must not lead to an avoidance of tax and social contributions, nor to non-compliance with employment and social legislation; stresses the need for a legal definition which clearly sets out the responsibilities in terms of rights and obligations in the area of employment and social security of workers employed by operators in the collaborative economy;
2016/06/28
Committee: EMPL
Amendment 47 #

2015/2349(INI)

Draft opinion
Paragraph 3 a (new)
3a. Condemns all attempts by certain Member States to unilaterally restrict, in a manner incompatible with the Treaty, the freedom of small and medium-sized transport companies to provide cross- border services by using rules on minimum pay; points out that it is natural for Member States to have different levels of economic development, and that those differences should only be reduced gradually, without infringing the freedom to provide services;
2016/06/28
Committee: EMPL
Amendment 54 #

2015/2349(INI)

Draft opinion
Paragraph 4
4. Is concerned about the rise of precarious employment, bogus self- employment, and undeclared work and social dumping; calls on the Member States to guarantee fair competition and ensure decent working conditions and the highest possible level of social protection for all workers;
2016/06/28
Committee: EMPL
Amendment 63 #

2015/2349(INI)

Motion for a resolution
Paragraph 4
4. Deplores the anti-competitive practices resulting from inequality in the application of the rules, notably between residents and non-residents, in particular as regards pay and social security systems, which may lead to distortions such as social dumping;
2016/06/16
Committee: TRAN
Amendment 68 #

2015/2349(INI)

Draft opinion
Paragraph 5
5. Is concerned about the misuse of subcontracting in the transport sector to circumvent working and employment standards; calls on the Commission andto monitor such misuse and calls on the Member States to introduce and strstrengtheng then laws on joint and several liability rules and control mechanisms relating to the social responsibility of employers;
2016/06/28
Committee: EMPL
Amendment 69 #

2015/2349(INI)

Motion for a resolution
Paragraph 5
5. Notes that small transport firms need to invest not only to comply with t0he law, including meeting the increasing environmental requirements, but also to remain competitive; deplores that, on one hand, their access to credit and funding on the money markets remains limited in spite of quantitative easing measures, while, on the other hand, aid from the public purse, particularly at European level, is rarely forthcoming, owing to overly complex and long-winded administrative procedures;
2016/06/16
Committee: TRAN
Amendment 80 #

2015/2349(INI)

Draft opinion
Paragraph 6
6. Welcomes the development of new working time models that enable workers to improve their work-life balancbetter reconcile their work, private life and family life; stresses, however, the importance of monitoring compliance with mandatory driving and resting times as well as working hours;
2016/06/28
Committee: EMPL
Amendment 82 #

2015/2349(INI)

Draft opinion
Paragraph 6 a (new)
6a. Stresses the particular importance of SMEs operating in the transport sector in small towns, hard-to-access regions and on the outskirts of large urban areas in providing transport for people commuting to work or travelling to school, particularly where the public transport system does not function properly; notes that these undertakings fill a gap in this area which exists in many central and eastern European Member States;
2016/06/28
Committee: EMPL
Amendment 83 #

2015/2349(INI)

Draft opinion
Paragraph 6 b (new)
6b. Notes the positive impact of the emergence of new collaborative economy business models in the transport sector on the increase in employment among young people, particularly those seeking casual work and flexible forms of employment allowing them to combine work with study;
2016/06/28
Committee: EMPL
Amendment 84 #

2015/2349(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Stresses the importance for urban mobility of rental services for light vehicles, such as bicycles or scooters; notes that a large majority of such operators are SMEs; calls for the potential of these operators to be more frequently taken into account in the process of increasing the level of urban mobility and developing energy-efficient and resource-efficient urban transport;
2016/06/16
Committee: TRAN
Amendment 86 #

2015/2349(INI)

Draft opinion
Paragraph 7
7. Highlights the importance of 21st century skills, particularly digital skills, and calls on the social partners and on education and training institutions to develop related skills strategies for small transport businesses.
2016/06/28
Committee: EMPL
Amendment 87 #

2015/2349(INI)

Draft opinion
Paragraph 7 a (new)
7a. Points out that the transport sector comprises not only direct transport service providers but also SMEs offering services such as vehicle servicing, the sale of spare parts, the training of vehicle drivers and operators and the rental of vehicles, which have enormous potential for creating jobs, including for highly qualified people; stresses that the needs of these undertakings and companies must also be taken into account in designing solutions for the entire transport sector;
2016/06/28
Committee: EMPL
Amendment 94 #

2015/2349(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Notes that digital economy operators providing services transporting persons and goods cannot avoid responsibility and compliance with consumer safety rules or tax obligations on the basis of a lack of precise legal rules; stresses that promoting innovation cannot mean lowering safety standards, and that the definition of an undertaking providing transport services should be based on the basic income source of a given economic operator;
2016/06/16
Committee: TRAN
Amendment 95 #

2015/2349(INI)

Motion for a resolution
Paragraph 8
8. Warns of the danger that intermediation platforms, with their ‘winner takes all’ ethos, will give rise to monopolies and harm theexcessive concentration of technology and profits in a limited number of economic operators and may reduce the innovativeness of the European economy and negatively affect the number and diversity of the economic fabric, but alsooperators in the transport services market, which in the long term may lead to price rises; notes that these platforms have brought into play the idea of challenging the existing operators and have led Member States to review the structure of the market; led companies operating on the basis of traditional business models to use a wider range of digital tools and offer consumers the possibility of using more convenient and safer forms of payment for services; welcomes the fact that these platforms have led Member States to review the structure of the market and look at the existing barriers to entry for SMEs operating in the transport services sector;
2016/06/16
Committee: TRAN
Amendment 106 #

2015/2349(INI)

Motion for a resolution
Paragraph 9
9. Draws attention to the upheavals which the development of connected and self-driving vehicles are likely to cause for small businesses;deleted
2016/06/16
Committee: TRAN
Amendment 117 #

2015/2349(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Highlights the potential dangers posed to small and medium-sized companies from the development of autonomous vehicle technology; notes the need to analyse the potential effects that widespread use of this technology could have on the European transport sector, particularly in terms of a possible fall in the number of jobs in the passenger and goods transport sector; stresses that a full and fair assessment of this technology should not be done prematurely;
2016/06/16
Committee: TRAN
Amendment 128 #

2015/2349(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Notes that services provided by SMEs in the transport sector are not always sufficiently tailored to the needs of disabled people and the elderly; calls for all the tools and programmes aimed at supporting these operators to take into account the need to adapt transport services as far as possible to the needs of people with reduced mobility;
2016/06/16
Committee: TRAN
Amendment 134 #

2015/2349(INI)

Motion for a resolution
Paragraph 11
11. Takes the view that, in view of the lack of investment in infrastructure, all transport operators benefiting from the use of transport infrastructure should contribute; stresses the importance, in road transport, of internalising negative externalities, but recognises that this poses specific problems for small businesses, which must be taken into account;
2016/06/16
Committee: TRAN
Amendment 142 #

2015/2349(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Calls for restrictions and administrative requirements relating to passenger and consumer safety not to constitute a barrier to SMEs entering the transport services market;
2016/06/16
Committee: TRAN
Amendment 144 #

2015/2349(INI)

Motion for a resolution
Paragraph 12
12. Calls on the Commission and the Member States to do more to combat anti- competitive practices by large integrated groups and to lay down clear definitions and legislation enabling SMEs, especially those operating on the basis of new business models, to tackle discrimination and market access restrictions more effectively; unequivocally condemns any attempts to eliminate companies operating on the basis of new business models in the transport sector by using force or intimidating their employees and customers;
2016/06/16
Committee: TRAN
Amendment 151 #

2015/2349(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Calls for SMEs to be included in the plans for European integrated ticketing; notes that the effectiveness of such a system will depend on it including as many transport service undertakings and operators as possible; notes that the exchange of information and experience between large operators and SMEs can produce highly beneficial synergies for designing an effective transport network in Europe;
2016/06/16
Committee: TRAN
Amendment 162 #

2015/2349(INI)

Motion for a resolution
Paragraph 13
13. Calls for a review and harmonisation of the rules on access to regulated occupations in Europe and of checks on these occupations;
2016/06/16
Committee: TRAN
Amendment 163 #

2015/2349(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Calls for excessive regulation of access to transport-related professions not to lead to a restriction of access for young people entering the labour market; notes the positive effects of sharing economy operators in creating new jobs for people seeking temporary and part-time employment;
2016/06/16
Committee: TRAN
Amendment 177 #

2015/2349(INI)

Motion for a resolution
Paragraph 14
14. Takes the view, in view of the dynamic development of collaborativenew business models, that the solution is nei based on the principles of ther sector- specific regulation nor regulation aimed solely at digital platforms, and that in future the mobility system needs to be addressed as aharing economy, that they should be considered part of the mobility system, which should form an integrated whole; calls for the establishment of a modernised regulatory framework that fosters innovation as well as the protection of consumers and their data, and ensures healthy competition;
2016/06/16
Committee: TRAN
Amendment 184 #

2015/2349(INI)

Motion for a resolution
Paragraph 15
15. Considers that this objective requires a convergence of models which is based on a clear definition of ‘intermediaries’ and ‘service providers’, which will not restrict the freedom of establishment of either the former or the latter or lead to any form of discrimination not arising directly from the legislation on passenger safety or tax obligations, and permits the creation of a framework in which small businesses contribute to the social cost of transport in line with the specific features of the mode(s) of transport in which they operate;
2016/06/16
Committee: TRAN
Amendment 189 #

2015/2349(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Stresses that transport undertakings also include operators not directly providing transport services, such as training providers, vehicle rental companies, workshops and service centres; notes that a large majority of such operators are SMEs; calls for the needs of these operators to be taken into account in the design of legal measures and investment programmes aimed at supporting the development of SMEs;
2016/06/16
Committee: TRAN
Amendment 194 #

2015/2349(INI)

Motion for a resolution
Paragraph 16
16. Regrets that the Member States’ response to the development of collaborative business models has so far been very fragmented, and in some cases entirely inconsistent with the potential and benefits of the development of this sector, as well as contrary to consumer expectations; considers that a coordinated, overall European level approach is indispensable; notes the Commission’s reasonable approach to this ‘new business model’ and eagerly awaits the publication of its guidelines on this topic;
2016/06/16
Committee: TRAN
Amendment 205 #

2015/2349(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Notes the huge potential of new technologies for the emergence of new forms of service provision in the goods transport sector; stresses, in particular, the enormous opportunities offered by drones, which are already a highly effective tool for working in difficult conditions; stresses that the European Union should support the potential of SMEs involved in the design, production and use of unmanned aircraft;
2016/06/16
Committee: TRAN
Amendment 209 #

2015/2349(INI)

Motion for a resolution
Paragraph 17
17. Wonders whether the exemption granted by many European regulations to light commercial vehicles is still justified, given their major expansion in the field of goods transport;deleted
2016/06/16
Committee: TRAN
Amendment 216 #

2015/2349(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Notes that light commercial vehicles are widely used by SMEs, including in cross-border transport; notes that the smooth functioning of the digital single market, especially in the delivery of products purchased over the internet, must be based on an efficient, flexible and mobile delivery network based on light vehicles; calls for European legal measures to be adopted that will promote the functioning of existing SMEs and the creation of new SMEs in this sector;
2016/06/16
Committee: TRAN
Amendment 222 #

2015/2349(INI)

Motion for a resolution
Paragraph 18
18. Calls for the establishment of cooperation structures between small transport firms and local authorities with a view to improving the organisation of urban mobility and better aligning the existing public transport networks to the needs and expectations of passengers;
2016/06/16
Committee: TRAN
Amendment 11 #

2015/2348(INI)

Motion for a resolution
Recital A
A. whereas modern efficient transport and logistics are essential for the effective functioning of the EU’s internal market and important for ensuring competitiveness, creating new business and employment opportunities, protecting the environment and, mitigating climate change and reducing carbon dioxide emissions in transport;
2016/10/19
Committee: TRAN
Amendment 13 #

2015/2348(INI)

Motion for a resolution
Recital B
B. whereas a forward-looking EU logistics policy should strive to help the logistics sector maintain its global competitiveness and contribution to the growth of the EU economy in the light of evolving economic, societal and technological trends and trade links worldwide;
2016/10/19
Committee: TRAN
Amendment 17 #

2015/2348(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas there are still considerable differences among the Member States in the levels of transport efficiency and effectiveness, as they are a reflection of their economic strength, the role of industry in the countries, and their geographic conditions, infrastructure quality and population density;
2016/10/19
Committee: TRAN
Amendment 86 #

2015/2348(INI)

Motion for a resolution
Paragraph 8
8. Regrets that too often Member States’ national infrastructure plans are decided without reference to the TEN-T objectives; urges the Commission to increase coordination between the two levels of planning and suggests adding to the European Semester a chapter on supervising its coherence with appropriate corrective measures; calls on the Commission not to prioritise Member State projects that are not in line with the TEN-T programming;
2016/10/19
Committee: TRAN
Amendment 103 #

2015/2348(INI)

Motion for a resolution
Paragraph 10
10. Considers that an efficient EU logistics system requires further coordination beyond physical connectivity and an operational TEN-T network; calls on the Commission to appoint a TEN-T European logistics coordinator that could effectively complement, coordinate and give coherence to the ongoing work of the coordinators in the area of multimodality;
2016/10/19
Committee: TRAN
Amendment 141 #

2015/2348(INI)

Motion for a resolution
Paragraph 15
15. Underlines the need to ensure enough EU funding for the TEN-T beyond the present MFF; expects the Commission to present the CEF mid-term review in 2017, proposing streamlining of measures; insists on the ‘use it or lose it’ principle, whereby unspent CEF funds are made available for upcoming calls for proposalsin 2017 a flexible and comprehensive proposal for the CEF mid- term review; suggests launching a specific call on logistics in 2017, including multimodal transport and freight solutions in urban nodes;
2016/10/19
Committee: TRAN
Amendment 176 #

2015/2348(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Notes that inland waterways must play an increasing role in serving seaports as logistics centres, in particular by moving goods to hinterland and linking the European seas;
2016/10/19
Committee: TRAN
Amendment 187 #

2015/2348(INI)

Motion for a resolution
Paragraph 22
22. Notes with concern that the logistics sector will face a shortage of workforce in the coming years and that slow adaptation of its workforce to digital technologies could undermine the sector’s performance; calls on the Commission to identify training and learning needs at EU level, and working conditions, costs and barriers that discourage the workforce from entering the transport sector, and to propose as a matter of urgency measures to make it more attractive to young people and to future generations; regards this as an opportunity to increase the proportion of women and new entrants on the transport labour market, for example EU migrants;
2016/10/19
Committee: TRAN
Amendment 191 #

2015/2348(INI)

Motion for a resolution
Paragraph 22
22. Notes with concern that the logistics sector will face a shortage of workforce in the coming years and that slow adaptation of its workforce to digital technologies could undermine the sector’s performance; calls on the Commission to identify training and learning needs at EU level, and working conditions, costs and barriers that discourage the workforce from entering the transport sector, and to propose as a matter of urgency measures to make it more attractive to young people and to future generations; regards this as an opportunity to increase the proportion of women and new entrants on the transport labour market, for example EU migrants;
2016/10/19
Committee: TRAN
Amendment 205 #

2015/2348(INI)

Motion for a resolution
Paragraph 23
23. Calls on the Commission and the Member States to take into consideration the recent EP recommendations on fighting ‘social dumping’ in the transport sector;deleted
2016/10/19
Committee: TRAN
Amendment 10 #

2015/2347(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas ESI Funds have been the main source of public transport investments in Central and Eastern Europe and whereas the Connecting Europe Facility constitutes a key funding instrument in developing further the transport infrastructure in the region as part of the TEN-T core network corridors;
2016/06/08
Committee: TRAN
Amendment 16 #

2015/2347(INI)

Motion for a resolution
Recital D
D. whereas well-developed cross- border transport connections are essential for regional competitiveness and for fostering expansion of SMEs in border areas and, with regard to public transport in particular, for supporting the social inclusion of economically vulnerable populations; whereas good transport connections, in particular rail connections, which cross national borders are still lacking in many Central and Eastern European Member States;
2016/06/08
Committee: TRAN
Amendment 62 #

2015/2347(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Draws attention to the possibilities that hybrid public-private partnership projects offer by linking sources of infrastructure investment funding from EU grants (up to 85% of the total eligible costs), public funding in the shape of the cofinancing that the beneficiary is required to provide, and money from private enterprise; emphasises, at the same time, that EU funds and budgetary resources are a factor in increasing the reliability of investments, as they reduce the risk to the private sector; points out that, at the same time, the private sector benefits from stable, long-term contracts that are not dependent on economic, political and budgetary fluctuations within countries;
2016/06/08
Committee: TRAN
Amendment 69 #

2015/2347(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Encourages the Member States to make use of public-private partnerships, which are an extremely advantageous way of investing in infrastructure, in particular as regards the implementation of complex infrastructure projects requiring extensive expenditure and generating a low level of return, on the one hand, and a desire to guarantee the effective provision of a high-quality public service, on the other hand;
2016/06/08
Committee: TRAN
Amendment 70 #

2015/2347(INI)

Motion for a resolution
Paragraph 7 c (new)
7c. Emphasises how important cohesion policy funding is for the development of the transport infrastructure in countries in central and eastern Europe, the quality of which still lags far behind that of the transport networks in western Europe, and with that in mind calls for the necessary resources and level of funding to be guaranteed in the next multiannual financial framework;
2016/06/08
Committee: TRAN
Amendment 94 #

2015/2347(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Maintains that an expanded transport network into which Europe’s major transport routes are integrated is an important asset for the tourist industry, helping make regions more appealing to tourists; takes the view that countries in central and eastern Europe have enormous potential for tourist industry development which cannot be fully exploited owing to a lack of appropriate transport infrastructure;
2016/06/08
Committee: TRAN
Amendment 98 #

2015/2347(INI)

Motion for a resolution
Paragraph 11 b (new)
11b. Sees enormous potential in international infrastructure projects such as the New Silk Road with regard to helping central and eastern Europe make better use of the potential of the global economy; takes the view that thanks to its favourable geographical location, central and eastern Europe can become an important logistics centre and communications hub between Europe and Asia;
2016/06/08
Committee: TRAN
Amendment 99 #

2015/2347(INI)

Motion for a resolution
Paragraph 11 c (new)
11c. Emphasises that increasing transport accessibility in central and eastern Europe and the investment involved in doing so should provide an impetus for the development of local firms and businesses; points out that tendering procedures and the implementation of projects should be SME-friendly; calls on the Commission to pay more attention to the problem of the major contractors and subcontractors involved in projects engaging in unfair cooperation, the victims of which are very often the lowest- skilled workers;
2016/06/08
Committee: TRAN
Amendment 100 #

2015/2347(INI)

Motion for a resolution
Paragraph 11 d (new)
11d. Maintains that there is a need to take into account the needs of those living in regions that are sparsely populated and difficult to access, such as mountain areas, in the planning of infrastructure solutions in central and eastern Europe; maintains that a lack of access to transport can lead to social exclusion and calls on the Commission to take into account the needs of those who use local transport routes; emphasises that the profitability of transport links cannot be the only criterion for assessing their usefulness;
2016/06/08
Committee: TRAN
Amendment 101 #

2015/2347(INI)

Motion for a resolution
Paragraph 11 e (new)
11e. Emphasises the importance of developing cycling infrastructure in the countries of central and eastern Europe, which will increase safety, reduce the number of road accident victims, and improve the quality of life and the health of people in the EU;
2016/06/08
Committee: TRAN
Amendment 107 #

2015/2347(INI)

Motion for a resolution
Paragraph 12
12. Recalls that the development of cross-border roads is essential to facilitate cooperation between populations and enterprises in border regions; calls on the Member States to continue modernising roads and to strengthen regional and local connectivity to the TEN-T network;
2016/06/08
Committee: TRAN
Amendment 110 #

2015/2347(INI)

Motion for a resolution
Paragraph 13
13. Underlines the need to ensure fair road charging systems in the EU; points out that flexibilities should be kept for Member States, owing to their particular characteristics, when establishing such systems; maintains that those systems should be designed in cooperation with the business community and commercial road users, and that the latter should not be required to pay any additional or disproportionate charges that would render their business activities less profitable;
2016/06/08
Committee: TRAN
Amendment 114 #

2015/2347(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Commission and the Member States to address the urgent need to enhance the road infrastructure network along the eastern border of the EU, starting in Estonia, passing through Latvia, Lithuania, Poland, Slovakia, Hungary, Romania and Bulgaria and ending in Greece; considers that such efforts should build on the long-standing planning done already under the Via Carpatia project; believes that the possibility of opening the Rhine-Danube corridor to the north of the EU through the Via Carpatia should be exploited; , on which representatives of the countries concerned signed a declaration in Warsaw on 3 March 2016 on further cooperation on the development of the corridor and updating the route; takes the view that, with the construction of the Via Carpatia, outlying regions of the EU will have the opportunity of accelerated development and will be able to catch up more quickly with more developed areas of the EU; points out that the construction of the route will also stimulate investment and business growth, and improve security for the EU as a whole, in particular in the context of the armed conflict in Ukraine; believes that the possibility of opening the Rhine-Danube corridor to the north of the EU through the Via Carpatia should be exploited; at the same time, encourages the Member States to set up financing for that project using every possible financial instrument, such as the Connecting Europe Facility and the European Fund for Strategic Investments, and, looking ahead to the next review of the TEN-T guidelines, encourages the Member States to make every possible effort to ensure that the Via Carpatia route is included in its entirety in the TEN-T core network;
2016/06/08
Committee: TRAN
Amendment 122 #

2015/2347(INI)

Motion for a resolution
Paragraph 15
15. Reiterates that the quality of road infrastructure has a direct impact on road safety; is concerned that road fatalities remain relatively high in many central and eastern Member States; underlines that measures to improve road safety should be further promoted at Member State and EU level; calls for infrastructure investment projects to include transport solutions that reduce the risk of death or serious injury in road accidents, and for account to be taken of the needs of pedestrians living near routes with high volumes of traffic;
2016/06/08
Committee: TRAN
Amendment 126 #

2015/2347(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Emphasises that the construction and modernisation of road infrastructure in central and eastern Europe should take account of the needs of cyclists, and of the need to improve the integration of the EuroVelo European cycle routes, in particular the Iron Curtain Trail, the East Europe Route and the Atlantic – Black Sea Route;
2016/06/08
Committee: TRAN
Amendment 134 #

2015/2347(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Calls on the Member States to adopt clear, long-term rail transport development strategies and to remove barriers to rail projects implemented using EU funding;
2016/06/08
Committee: TRAN
Amendment 136 #

2015/2347(INI)

Motion for a resolution
Paragraph 16 b (new)
16b. Calls on the Commission to continue supporting investment in rolling stock in central and eastern European countries, as this will make it possible to restore the potential of rail within those countries’ public transport systems;
2016/06/08
Committee: TRAN
Amendment 137 #

2015/2347(INI)

Motion for a resolution
Paragraph 17
17. Criticises the underinvestment in cross-border railway lines and the low level of passenger rail services in many border areas; calls on the Member States to (re-)establish missing connections and to remove existing bottlenecks; reiterates its support for the deployment of the European Rail Traffic Management System (ERTMS) on all TEN-T core network corridors crossing the region as a priority;
2016/06/08
Committee: TRAN
Amendment 150 #

2015/2347(INI)

Motion for a resolution
Paragraph 18
18. Welcomes the progress made in the construction of the Rail Baltica rail link; expects this project to be an example of good practice in cooperation for other Member States; stresses that the entire Rail Baltica project is of significant strategic importance for all the Member States involved as well as for the region starting from Finland (with the possible "Bothnian extension"), continuing to Estonia, Latvia, Lithuania, Poland and going further to Germany, Netherlands and Southern Europe; therefore calls on the national authorities of the Baltic States to do their utmost to ensure that the project is irreversibly moving forward as, if the European Commission's rules, timetable and expectations are not respected, the EU co-funding of app 85% will be lost since it becomes available to all the other Cohesion Member States for their CEF transport infrastructure projects;
2016/06/08
Committee: TRAN
Amendment 152 #

2015/2347(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Calls on the Governments to recognise and to strengthen the role of the RB Rail Joint Venture as the most optimal body, in accordance with the shareholders' agreement and the CEF Grant Agreement, for management of a cross-national project of as significant a scale as "Rail Baltica"; stresses that joint and efficient co-ordination is essential to avoid technological barriers for interoperability of rail systems and with this regard the Joint Venture is the most efficient way to submit joint applications for EU funding, proceed with both joint as well as national public procurements, co-ordinate the project's works, and to demonstrate that involved Member States are able to co-operate; moreover, efficient project management and its realization will reveals true European added value to the EU citizens and tax payers;
2016/06/08
Committee: TRAN
Amendment 153 #

2015/2347(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Welcomes joint international initiatives taken by the Member States in the region with a view to developing and modernising rail infrastructure, such as the creation of the new rail freight corridor, No 11, linking commercial and industrial centres in Poland, Slovakia, Hungary and Slovenia by means of joint action in the allocation of traffic capacity for international freight trains; points out that such projects promote rail as a means of international freight transport, boost the competitiveness of rail transport and ensure that better use is made of existing international freight traffic capacity;
2016/06/08
Committee: TRAN
Amendment 160 #

2015/2347(INI)

Motion for a resolution
Paragraph 18 b (new)
18b. Emphasises the need to support joint projects and investment with non-EU countries, paving the way for the complementary exploitation of the potential of rail transport corridors that have been modernised using EU funding, for example, in links between the EU and countries in Asia;
2016/06/08
Committee: TRAN
Amendment 167 #

2015/2347(INI)

Motion for a resolution
Paragraph 21
21. Underscores the role of the Danube River as the key transport waterway in the Danube macro-region; invites the riparian states to ensure the continuous navigability of the river and to implement their master plan for fairway rehabilitation and maintenance endorsed in 2014; in this context emphasises that links between the Oder, the Elbe and the Danube could boost the transport and communication capacities of the entire region on the North-South axis;
2016/06/08
Committee: TRAN
Amendment 175 #

2015/2347(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Highlights the special importance of international waterways E40 and E70 as regards improving the integration of central and eastern European countries into European inland transport routes; emphasises that the establishment of good multimodal connections between those waterways and the Baltic – Adriatic core TEN-T corridor would be a significant boost to the investment potential of eastern regions in the EU;
2016/06/08
Committee: TRAN
Amendment 185 #

2015/2347(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Notes the enormous potential that small and medium-sized airports have in terms of transport accessibility in central and eastern Europe, especially for business travellers and tourists; reiterates that in recent years many regional airports have been built and modernised in central and eastern Europe, but that their potential is not being sufficiently exploited owing to a lack of decent links between those airports and the major transport routes; highlights the need for these airports to be used more effectively via the building of new road and rail links;
2016/06/08
Committee: TRAN
Amendment 192 #

2015/2347(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Stresses that the region of Central and Eastern Europe is characterized by a lower number and poorer quality of air connections compared to Western part of the EU; these connectivity gaps were identified by an independent analysis conducted at the request of the European Commission;
2016/06/08
Committee: TRAN
Amendment 193 #

2015/2347(INI)

Motion for a resolution
Paragraph 26 b (new)
26b. Recalls that European Commission identified the issue of gaps in connectivity in recently developed Aviation Strategy for Europe; however, since the proposed solutions are of a limited potential, encourages the European Commission to monitor the air connectivity within the EU, especially in the CEE region, and to develop further proposals aimed at reducing the gaps in the access to air transport services;
2016/06/08
Committee: TRAN
Amendment 4 #

2015/2324(INI)

Draft opinion
Recital A
A. whereas the Alpine Region poses a major challenge to European transport, since it has a low population density and very specific types of connections and accessibility to services; whereas all European mountainous areas are facing major challenges with regard to the transport infrastructure and accessibility;
2016/03/08
Committee: TRAN
Amendment 28 #

2015/2324(INI)

Draft opinion
Recital C a (new)
Ca. whereas the macro-regional strategy as an integrated framework providing instruments strengthening regional capacity particularly in boosting transport intermodality and interoperability inter alia by linking local and regional transport networks to higher-level European transport infrastructure and seeking to shift freight transport from road to rail;
2016/03/08
Committee: TRAN
Amendment 47 #

2015/2324(INI)

Draft opinion
Paragraph 2
2. Calls on the Commission and the Member States to promote, as a matter of priority, a policy to develop transport infrastructure that is sustainable, inclusive and non-invasive for the region, preserving the latter and promoting it in terms of tourism, social cohesion and regional development; in this regard believes that the macro-regional strategies offer a new governance framework for approaching transport infrastructure challenges which cannot be solved by the Members States independently;
2016/03/08
Committee: TRAN
Amendment 61 #

2015/2324(INI)

Draft opinion
Paragraph 3 a (new)
3a. Stresses that the macro-regional strategies can contribute to a better implementation of the TEN-Ts networks;
2016/03/08
Committee: TRAN
Amendment 30 #

2015/2258(INI)

Draft opinion
Paragraph 3
3. Strongly believes in the advantages of common accessibility rules at EU level, and therefore looks forward to the swift adoption of the Commission’s proposal for the European Accessibility Act1; however draws attention that tourist services of a cross-border nature are not covered by here-above proposal; __________________ 1 COM(2015)0615.
2016/02/24
Committee: TRAN
Amendment 37 #

2015/2258(INI)

Draft opinion
Paragraph 4
4. Emphasises that barrier-free accessibility to transport services, vehicles, infrastructure and intermodal connecting hubs is the key to securing mobility systems free from built-in discrimination; in this regard stresses that further effort have to be made to make both transport services, vehicles and infrastructure accessible;
2016/02/24
Committee: TRAN
Amendment 17 #

2015/2255(INI)

Draft opinion
Recital B a (new)
Ba. whereas there is no clear and universally accepted definition of "social dumping" and there are different interpretations of this term, which may create confusion and sometimes include protectionist measures that can lead to fragmentation the EU common market;
2016/02/24
Committee: TRAN
Amendment 18 #

2015/2255(INI)

Draft opinion
Recital B a (new)
Ba. having regard to the White Paper on Transport 2011: Roadmap to a Single European Transport Area - Towards a competitive and resource efficient transport system;
2016/02/24
Committee: TRAN
Amendment 34 #

2015/2255(INI)

Draft opinion
Paragraph 1
1. Calls on the Member States to swiftly implementNotes that fair completion and clear rules are essential for well-functioning market for all transport modes and therefore calls on the Member States to implement swiftly, efficiently and non- discriminatory all relevant social legislation covering the transport sector; strongly urges the Commission to monitor more closely the implementation and, proper enforcement and uniform interpretation of the existing legislation; underlines that any transport regulations should not limit the four freedoms of the European Union, in particular the free movement of people and the free movement of services;
2016/02/24
Committee: TRAN
Amendment 43 #

2015/2255(INI)

Draft opinion
Paragraph 1 a (new)
1a. Stresses that precise definition of problems in the EU transport sector is a prerequisite to further legal actions at the EU or national level and that any problem at the EU transport market must be tackled by targeted approach which will not hamper honestly operating businesses;
2016/02/24
Committee: TRAN
Amendment 46 #

2015/2255(INI)

Draft opinion
Paragraph 1 b (new)
1b. Stresses that it is necessary to take into account the conditions and the development gap between Western and Central and Eastern Europe Member States where in the latter the lower level of economic development implies lower cost of doing business; this situation is cannot be under any circumstances called unfair competition;
2016/02/24
Committee: TRAN
Amendment 47 #

2015/2255(INI)

Draft opinion
Paragraph 1 c (new)
1c. Stresses that each transport or social legislation reform must be evidence-based and proportional and should not go beyond of what is necessary to increase efficiency of the EU transport sector; reminds that social regulations are the competence of Member States - any transport regulations, not related to safety or security, should observe the subsidiary principle in the EU;
2016/02/24
Committee: TRAN
Amendment 63 #

2015/2255(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission to enhance social dialogue insupport dialogue between employees and employers in the transport sector as a whole, but reminds theat transport sector as a whole; is a globally competitive sector and any social limitations imposed on the sector should also take into account their impact on the competitive position of EU carriers;
2016/02/24
Committee: TRAN
Amendment 103 #

2015/2255(INI)

Draft opinion
Paragraph 5
5. Calls for the introduction of appropriate control devices, using modern technology, for all transport modes for professional use so as to monitor working and rest time effectively,efficient, non-discriminatory enforcement of the existing legislation, to ensure uniform interpretation, and more efficient and increased controls with a view to ensuring proper and timely implementation of existing legislationworking time and rest times legislation, notably Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport;
2016/02/24
Committee: TRAN
Amendment 152 #

2015/2255(INI)

Draft opinion
Paragraph 8
8. Calls for the creation of a European Road Transport Agency to ensure proper implementation of EU legislation and promote standardisation across all Member States, including the social dimension, such as working conditions and labour issues in road transport;deleted
2016/02/24
Committee: TRAN
Amendment 155 #

2015/2255(INI)

Draft opinion
Paragraph 8
8. Calls for the creation of a European Road Transport Agency to ensure proper implementation of EU legislation and promote standardisation across all Member States, including the social dimension, such as working conditions and labour issues in road transport;deleted
2016/02/24
Committee: TRAN
Amendment 167 #

2015/2255(INI)

Draft opinion
Paragraph 8 a (new)
8a. Considers that the possible establishment of a European Road Transport Agency or other body responsible for cross-border labour inspections should be preceded by a detailed evaluation of the currently existing rules and possibilities of potential improvements, with full respect for the principle of subsidiarity and division of competences in this area between the EU and the Member States;
2016/02/24
Committee: TRAN
Amendment 4 #

2015/2179(DEC)

Draft opinion
Paragraph 3
3. Takes note ofCriticises the increase of the carry- overs for Titles II (24,53%) and III (37,93%) compared with the previous year, in particular with the level of committed appropriations carried over for the operational Title III at EUR 2,2 million, due to delayed operational and IT projects; calls the Agency to improve the budget planning and execution and reduce this level to the indicative ceilings established by the Court of Auditors (20% for Title II and 30% for Title III); calls the European Commission to address the specific common problems that Agencies face as regards carry-overs;
2016/01/20
Committee: TRAN
Amendment 8 #

2015/2179(DEC)

Draft opinion
Paragraph 6
6. NotCriticises the results of the first benchmarking exercise on the Agency's posts, with 20,9% of the jobs dedicated to administrative support and coordination, 67,6% to operational tasks and 11,7% to control and financial tasks; points out that a large proportion of the Agency's staff are administrative support, which raises questions about how effectively resources are being allocated;
2016/01/20
Committee: TRAN
Amendment 23 #

2015/2147(INI)

Draft opinion
Paragraph 2 a (new)
2a. Stresses that the full benefits of using digital systems in the transport sector can be realised only if widespread, open access to knowledge and skills is made available; takes the view that provision should be made in the digital single market strategy for digital technology training for staff in all sectors of the economy, in particular low-qualified workers in the transport sector;
2015/09/23
Committee: TRAN
Amendment 72 #

2015/2147(INI)

Draft opinion
Paragraph 4 a (new)
4a. Points out that the opportunities presented by the digital revolution can only fully be taken advantage of if widespread, cheap and easy internet access is made available; stresses that access to up-to-date information on delays, obstacles and weather conditions is extremely important for travellers and commuters; calls for proper account to be taken in the digital single market strategy of the need for internet access to be made available free of charge in stations, airports, ports, hotels and motorway service stations;
2015/09/23
Committee: TRAN
Amendment 79 #

2015/2147(INI)

Draft opinion
Paragraph 5
5. Is of the opinion that the transport sector will become one of the largest fields of implementation of the Internet of Things (IoT).; thus underlines the importance of foresight and ex ante impact assessment in decision-making both for the regulation and infrastructure investments to build an applicable foundation for automatized transport;
2015/09/23
Committee: TRAN
Amendment 83 #

2015/2147(INI)

Draft opinion
Paragraph 5 a (new)
5a. recalls, as written in the report on delivering multimodal integrated ticketing in Europe, the need to ambitiously promote the multi-modal travel information, planning and ticketing services with the vision of seamless door- to-door mobility;
2015/09/23
Committee: TRAN
Amendment 35 #

2015/2113(INI)

Draft opinion
Paragraph 5
5. Calls for comprehensive legislation that stimulates investments in a technology- neutral way in research, production and distribution of renewable fuels and modern engine technology; emphasises the need to reduce emissions by replacing fossil fuels by renewable fueldeveloping alternative energy sources, electricity or low carbon alternatives; considers that support for the early deployment of shale gas and liquefied natural gas is needed; recalls that opening up the market to renewable fuels in aviation would help the EU maintain its leading role in renewable energy;
2015/06/09
Committee: TRAN
Amendment 46 #

2015/2113(INI)

Draft opinion
Paragraph 6 a (new)
6a. Points out that some Member States’ energy systems are based on coal, deposits of which are expected to last several hundred year, and stresses in this connection that the process of modernising the energy industry should take due and proper account of the specific features of nation states and their economies and natural resources;
2015/06/09
Committee: TRAN
Amendment 7 #

2015/2112(INI)

Draft opinion
Paragraph 2
2. Calls for the Paris Protocol to include GHG reduction targets that are consistent with a global carbon budget in line with the 2 degree objective for international aviation and maritime shippingtake into account the particular importance of the transport sector in creating economic growth in Europe, and especially the sector’s potential as regards generating new jobs;
2015/06/09
Committee: TRAN
Amendment 10 #

2015/2112(INI)

Draft opinion
Paragraph 2 a (new)
2a. Calls on the Commission to make commitments in the Paris Protocol that are in line with the economic interests of the European Union and of all the Member States;
2015/06/09
Committee: TRAN
Amendment 30 #

2015/2112(INI)

Draft opinion
Paragraph 4
4. Points out that 94% of transport – mainly in the road, air and shipping sectors – is dependent on fossil fuel and therefore urgently need measures to accelerate progress towards early achievement of the White Paper targets by 2030, owing to the technology that is in use across the board and to the low price of that source of energy;
2015/06/09
Committee: TRAN
Amendment 31 #

2015/2112(INI)

4a. Emphasises that the building of the TEN-T network is a priority for European transport policy and calls for the climate commitments made in Paris not to make it difficult for investment needs to be met in this area, in particular as regards building up infrastructure capacity and increasing the availability of transport in central and eastern Europe;
2015/06/09
Committee: TRAN
Amendment 38 #

2015/2112(INI)

Draft opinion
Paragraph 5
5. Stresses that all policies to strengthen the electrification of transport need to accent railways, trams, electrified busses, e- bicycles, need to incorporate the entire lifecycle perspective and need to be based on renewablalternative sources of electricitnergy;
2015/06/09
Committee: TRAN
Amendment 42 #

2015/2112(INI)

Draft opinion
Paragraph 6
6. Emphasises the need for a step-by-step internalisation of climate impact from transport within a comprehensive package of measures for ‘getting prices right’ in this sector and establishing fair competition between the transport modes. and efficient use of the transport capacity available by promoting the use of transport services that curb pollution, including cabotage services, in all modes of transport;
2015/06/09
Committee: TRAN
Amendment 17 #

2015/2095(INI)

Draft opinion
Paragraph 2 a (new)
2a. Emphasises that the uncontrolled influx of immigrants into the European Union poses a serious threat to maritime, rail and road safety; points out that the Member States are primarily responsible for ensuring that the transport routes on their territory remain passable and accessible;
2015/09/21
Committee: TRAN
Amendment 50 #

2015/2095(INI)

Draft opinion
Paragraph 5
5. Welcomes the Commission Communication entitled ‘A European agenda on migration’ (COM (2015)0240) and strongly calls for adequate and immediate measures to be taken at both Member States and EU level to prevent further human miseries in the Mediterranean Sea and to ensure that international and ethical obligations are fulfilled in accordance with the principles of solidarity and shared responsibility;deleted
2015/09/21
Committee: TRAN
Amendment 57 #

2015/2095(INI)

Draft opinion
Paragraph 5 a (new)
5a. Notes with concern the Commission Communication entitled ‘A European agenda on migration’ (COM(2015)0240) and emphasises that it does not actually identify the reasons behind the uncontrolled influx of immigrants into the European Union; emphasises, furthermore, that the proposed system of compulsory refugee quotas is not in line with current political realities or with international developments and does not take into account Member States’ actual capabilities in terms of absorbing the relevant quotas of immigrants;
2015/09/21
Committee: TRAN
Amendment 69 #

2015/2095(INI)

Draft opinion
Paragraph 7
7. Urges the Member States, the Council and the Commission to immediately increase funding for temporary, sufficient rescue operations in the Mediterranean, so that the safety and fundamental rights of both the refugees seeking to enter Europeoperations carried out in the Mediterranean to combat illegal immigration and people trafficking, so that the safety of Member State citizens living in coastal areas, and theof maritime crews working in the Mediterranean waters, can be guaranteed;
2015/09/21
Committee: TRAN
Amendment 94 #

2015/2095(INI)

Draft opinion
Paragraph 9 a (new)
9a. Expresses concern about the financial losses that businesses in the EU’s transport and tourism industries are suffering as a result of the uncontrolled influx of illegal immigrants; calls on the Commission to draw up an in-depth report on the matter;
2015/09/21
Committee: TRAN
Amendment 11 #

2015/2086(INL)

Motion for a resolution
Subheading 1
Common minimum standards for certain aspects of cross-border adoptions
2016/07/07
Committee: JURI
Amendment 13 #

2015/2086(INL)

Motion for a resolution
Subheading 1
Common minimum standards for the recognition of adoption orders
2016/07/07
Committee: JURI
Amendment 18 #

2015/2086(INL)

Motion for a resolution
Recital A
A. whereas in the area of recognition of adoption orders, the basic principle must always be that any decision should be taken in the interest of the child and with due regard to the laws and public policies of the Member State of enforcement;
2016/07/07
Committee: JURI
Amendment 24 #

2015/2086(INL)

Motion for a resolution
Recital B
B. whereas the purpose of adoption is not to give adults the right to a child, but to give the child a loving and caring environment to grow up and develop in;deleted
2016/07/07
Committee: JURI
Amendment 53 #

2015/2086(INL)

Motion for a resolution
Recital F a (new)
Fa. whereas best practices and greater cooperation should be the primary reference for Member States authorities, when dealing with intercountry adoptions and the recognition thereof;
2016/07/07
Committee: JURI
Amendment 65 #

2015/2086(INL)

Motion for a resolution
Recital J
J. whereas specialised judicial training in the widest sense is keycontributes to mutual trust in all areas of law, including that of adoption;
2016/07/07
Committee: JURI
Amendment 67 #

2015/2086(INL)

Motion for a resolution
Recital J a (new)
Ja. whereas the principle of mutual trust between the Member States is key in Union law; whereas the principle of mutual recognition, which is based on mutual trust, obliges Member States to give effect to a judgment or decision originating in another Member State;
2016/07/07
Committee: JURI
Amendment 80 #

2015/2086(INL)

Motion for a resolution
Recital M
M. whereas more needs to be done to prevent the cross-border trafficking of children for the purpose of adoption; whereas more needs to be done to improve the proper and efficient implementation of existing rules and guidelines in order to avoid trafficking of children;
2016/07/07
Committee: JURI
Amendment 86 #

2015/2086(INL)

Motion for a resolution
Recital M a (new)
Ma. whereas, adhering to the respect for diversity among Member States, also recognised by Union law in the broad sense, and the principles of subsidiarity and proportionality there is a need for proper assessment and modernisation of existing rules and regulations, best done through the sharing of information and best practises with other Member States, in order to provide for the highest protective standards for children;
2016/07/07
Committee: JURI
Amendment 98 #

2015/2086(INL)

Motion for a resolution
Recital Q
Q. whereas the absence of such provisions causesre are significant problems for European families who move to another Member State after adopting a child, as the adoption may not be recognised, meaning that the parents may have trouble legally exercising their parental authority, resulting from non- conform implementation of rules and guidelines or incompatibilities with another Member State’s civil law provisions;
2016/07/07
Committee: JURI
Amendment 107 #

2015/2086(INL)

Motion for a resolution
Recital S
S. whereas the current situation can cause problems and prevent families from fully exercising free movement;
2016/07/07
Committee: JURI
Amendment 108 #

2015/2086(INL)

Motion for a resolution
Recital S a (new)
Sa. whereas there may be a need to review and assess the overall situation through consultation among Member States' competent authorities;
2016/07/07
Committee: JURI
Amendment 157 #

2015/2086(INL)

Motion for a resolution
Paragraph 7 a (new)
7a. Notes, that any action taken at European level should not undermine national law, as the laws on adoption fall under the exclusive competence of the Member States and common minimum standards that are not in line with Member States' rules and guidelines would violate the principles of subsidiarity, conferral and the distribution of powers;
2016/07/07
Committee: JURI
Amendment 165 #

2015/2086(INL)

Motion for a resolution
Paragraph 10
10. Points out that further efforts could be made in order to facilitate the more efficient operation of the Hague Convention, as some Member States require additional administrative procedures or charge disproportionate fees in connection with the recognition of adoptions, for example in order to establish or amend civil status records or to obtain nationality, although this is contrary to the provisions of the convention in terms of some administrative procedures so as to remove excessive and purely administrative burdens;
2016/07/07
Committee: JURI
Amendment 169 #

2015/2086(INL)

Motion for a resolution
Paragraph 10 a (new)
10a. Points out, that adoption procedures need to be more carefully monitored by the relevant authorities and assessed on a case by case basis;
2016/07/07
Committee: JURI
Amendment 179 #

2015/2086(INL)

Motion for a resolution
Paragraph 13
13. Calls on the Commission to establishassess the concept of a European network of judges and authorities specialised in adoption in order to facilitate the exchange of information and good practice, which is particularly useful when adoption involves a foreign element; furthermore points out that that network should be easily accessible to all Member States citizens who wish to participate through transparent, continuous and clear communication;
2016/07/07
Committee: JURI
Amendment 197 #

2015/2086(INL)

Motion for a resolution
Paragraph 17
17. States that there is a clear need for clegislation to provide for the automatic cross-border recognition of domestic adoption ordersar, effective and modernised legislation;
2016/07/07
Committee: JURI
Amendment 205 #

2015/2086(INL)

Motion for a resolution
Paragraph 19
19. ConfirmNotes that the recommendations annexed to this motion for a resolution respect fundamental rights and the principles of subsidiarity and proportionality;
2016/07/07
Committee: JURI
Amendment 206 #

2015/2086(INL)

Motion for a resolution
Paragraph 20
20. Considers that the requested proposal does not have negative financial implications, as the automatic recognition of adoption orders will reduce costs; notes however, that the requested proposal has implications in terms of subsidiarity and sovereignty;
2016/07/07
Committee: JURI
Amendment 18 #

2015/2005(INI)

Motion for a resolution
Recital B
B. whereas the transport industry represents a driving force of the EU economy, employing around 10 million people and accounting for about 5 % of GDP, which should remain a frontrunner in generating further economic growth and job creation; and which should be protected from the negative impact of very ambitious decarbonisation goals included in long-term policy of the European Union;
2015/04/22
Committee: TRAN
Amendment 25 #

2015/2005(INI)

Motion for a resolution
Recital C
C. whereas transport is a sector where Europe is a world leader, in both manufacturing and transport operations, and it is crucial that European transport continues to develop and invest to maintain its competitive position under strong pressure of transport sector companies from other parts of world;
2015/04/22
Committee: TRAN
Amendment 42 #

2015/2005(INI)

Motion for a resolution
Recital E
E. whereas it is essential to ensure the successful development of the Trans- European Transport Network (TEN-T), effectively link the transport networks of all EU regions and eliminate disparities between the levels of infrastructure development, especially between Member States from East and West Europe;
2015/04/22
Committee: TRAN
Amendment 63 #

2015/2005(INI)

Motion for a resolution
Recital I
I. whereas further market opening needs to go hand in hand with quality jobs and working conditions respecting the Four Freedoms of the European Union and the objective differences between levels of economic development, taxation systems, regulations of labour law and social welfare systems in Member States;
2015/04/22
Committee: TRAN
Amendment 118 #

2015/2005(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Stresses that focusing on co-modality in the European transport policy should consider the existing gap between Member States from East and West Europe in basic infrastructure and should lead to the creation of a consistent and economically effective transport system corresponding to the needs of all citizens of the European Union;
2015/04/22
Committee: TRAN
Amendment 207 #

2015/2005(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Stresses that public-private partnership, as a good example of synergy between the economic effectiveness of the private sector and the investment potential of public institutions, should play a more important role in the investment financing process for the construction and modernisation of transport infrastructure in Member States;
2015/04/22
Committee: TRAN
Amendment 262 #

2015/2005(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission to monitor the situation in the different Member States as regards the operation of transportation network companies that match drivers to passengers (Uber being the most prominent example), and to carry out an assessment of the legal, social and economic consequences arising from the operation of such companies, accompanied, if appropriate, by relevant measures or recommendations;
2015/04/22
Committee: TRAN
Amendment 278 #

2015/2005(INI)

Motion for a resolution
Paragraph 14 – indent 1 a (new)
- efforts to extend the application of the Directive on facilitating cross-border exchange of information on road safety related traffic offences to other countries, especially to EU neighbouring and Eastern Partnership countries,
2015/04/22
Committee: TRAN
Amendment 337 #

2015/2005(INI)

Motion for a resolution
Paragraph 17
17. Urges the Commission to ensure that proposals on the opening-up of services in all transport markets do not lead to social dumpingunfair practices of transport companies, distortion of competition, state protectionism, poorer-quality services, monopolies or oligopolies;
2015/04/24
Committee: TRAN
Amendment 382 #

2015/2005(INI)

Motion for a resolution
Paragraph 22 a (new)
22 a. Stresses that the protectionist measures taken recently by certain EU countries are contrary to liberalisation and thereby are in conflict with the assumptions of the transport White Book, which points to the need to open up the road transport market, in particular to remove the remaining obstacles as concerns cabotage.
2015/04/24
Committee: TRAN
Amendment 395 #

2015/2005(INI)

Motion for a resolution
Paragraph 24 a (new)
24 a. Draws attention to the fact that, in accordance with an OECD report, the increase in overland shipments of goods and the associated increase in CO2 emissions up to 2050 will mainly be driven by Asian economies; in this respect it is stressed that in the coming years the overriding objective will be to maintain the competitiveness of the European transport sector, so that costly emission standards imposed by EU Member States do not lead to a fall in the competitiveness of EU undertakings.
2015/04/24
Committee: TRAN
Amendment 407 #

2015/2005(INI)

Motion for a resolution
Paragraph 25 – indent 1 a (new)
- the maximisation of use of yet untapped infrastructure, notably regional airports, which could be boosted through cheap and existing technological means;
2015/04/24
Committee: TRAN
Amendment 409 #

2015/2005(INI)

Motion for a resolution
Paragraph 25 – indent 1 a (new)
- a good network of airports to be maintained as it is key to ensure the connectivity of regions; with regards to modal-shift, remote regions are sometimes only available by air transport;
2015/04/24
Committee: TRAN
Amendment 426 #

2015/2005(INI)

Motion for a resolution
Paragraph 25 – indent 3
– an Aviation Dialogue with the Gulf States and Turkey with a view to enhancing financial transparency and safeguarding fair competition; inclusion of ‘fair competition clauses’ in air transport agreements, detailed provisions on subsidies, unfair practices and competition, and efficient means of action in the event of non- compliance with those provisions,
2015/04/24
Committee: TRAN
Amendment 460 #

2015/2005(INI)

Motion for a resolution
Paragraph 26 – indent 1
– national policy frameworks aimed at the development of the market as regards alternative fuels (natural gas, shale gas, hydrogen, sustainable biofuels, including molasses- based ethanol) and electric cars, and the deployment of the relevant refuelling/recharging infrastructure,
2015/04/24
Committee: TRAN
Amendment 469 #

2015/2005(INI)

Motion for a resolution
Paragraph 26 – indent 2 a (new)
- an EU roadmap for cycling to be included in the next European Commission Work Programme;
2015/04/24
Committee: TRAN
Amendment 498 #

2015/2005(INI)

Motion for a resolution
Paragraph 26 – indent 6
– the adoption of a social code for mobile road transport workers, addressing also the problem of disguised self-employment;deleted
2015/04/24
Committee: TRAN
Amendment 504 #

2015/2005(INI)

Motion for a resolution
Paragraph 26 – indent 6 a (new)
- permanent monitoring and decisive response in every case of breaking EU law by Member States in the area of road transport services, especially freedom of establishment and freedom to provide services guaranteed in the Treaty on European Union, Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and Regulation (EC) No 1072/2009 on common rules for access to the international road haulage market,
2015/04/24
Committee: TRAN
Amendment 91 #

2015/0288(COD)

Proposal for a directive
Recital 26
(26) In order to allow businesses to rely on a single set of rules across the Union, it is necessary to fully harmonise the period of time during which the burden of proof for the lack of conformity is reversed in favour of the consumer. Within the first two years, in order to benefit from the presumption of lack of conformity and provided that the lack of conformity became apparent within six months of delivery of the goods, the consumer should only establish that the good is not conforming, without needing to demonstrate that the lack of conformity actually existed at the relevant time for establishing conformity. In order to increase legal certainty in relation to available remedies for lack of conformity with the contract and in order to eliminate one of the major obstacles inhibiting the Digital Single Market, a fully harmonised order in which remedies can be exercised should be provided for. In particular, the consumer should enjoy a choice between repair or replacement as a first remedy which should help in maintaining the contractual relation and mutual trust. Moreover, enabling consumers to require repair should encourage a sustainable consumption and could contribute to a greater durability of products.
2017/03/07
Committee: JURI
Amendment 96 #

2015/0288(COD)

Proposal for a directive
Recital 27
(27) The consumer's choice between repair and replacement should only be limited where the option chosen would be technically difficult or economically disproportionate compared to the other option available, impossible or unlawful. For instance, it might be disproportionate to request the replacement of goods because of a minor scratch where this replacement would create significant costs while, at the same time, the scratch could easily be repaired.
2017/03/07
Committee: JURI
Amendment 172 #

2015/0288(COD)

Proposal for a directive
Article 11 – paragraph 1 – introductory part
The consumer may choose between repair and replacement unless the option chosen would be impossible, unlawful or, compared to the other option, would impose costsIf a proportionate reduction of the price, according to Article 12, is not available, the consumer should first be proposed a repair of the good. When the repair is technically difficult, economically disproportionate, or impossible compared to the other option, the consumer should be given the possibility to choose full replacement onf the seller that would be disproportionatedefective good with one matching the description and conforming with the original contract at no additional costs to the consumer, taking into account all circumstances, including:
2017/03/07
Committee: JURI
Amendment 175 #

2015/0288(COD)

Proposal for a directive
Article 11 – paragraph 1 a (new)
In cases where repair and replacement are not possible, the consumers shall be entitled to choose a refund or a reduction of the price.
2017/03/07
Committee: JURI
Amendment 177 #

2015/0288(COD)

Proposal for a directive
Article 12 – paragraph 1
A reduction of the price shall be available for minor defects which do not affect the use or functionality of the good. The reduction of price shall be proportionate to the decrease in the value of the goods which were received by the consumer compared to the value the goods would have if in conformity with the contract.
2017/03/07
Committee: JURI
Amendment 50 #

2015/0278(COD)

Proposal for a directive
Recital 11 a (new)
(11a) The definition of people with disabilities and the scope of accessibility requirements resulting thereof should be without prejudice to the definitions of disabled people and people with reduced mobility used for the needs of sectorial legislation, especially in the field of transport and to the accessibility requirements set in this legislation.
2017/02/13
Committee: TRAN
Amendment 75 #

2015/0278(COD)

Proposal for a directive
Recital 22 a (new)
(22a) Certain elements of the accessibility requirements, particularly, in relation to the provision of information, as set out in Annex I of this Directive are already covered by existing Union law in the area of transport. This includes Regulation (EC) No 1371/2007, Regulation (EU) 1300/2014 and Regulation (EU) 454/2011 as regards rail transport; Regulation 181/2011 (EU) as regards bus and coach transport; Regulation (EU) 1177/2010 as regards waterborne maritime and inland waterway transport; and Regulation (EU) 1107/2006 as regards air transport. To ensure regulatory consistency and predictability for the economic operators covered by those acts, fulfilment of the requirements on accessibility in the sectorial Union legislation should be deemed as fulfilment of the relevant requirements defined in this Directive.
2017/02/13
Committee: TRAN
Amendment 78 #

2015/0278(COD)

Proposal for a directive
Recital 22 b (new)
(22b) The determination of the scope of this Directive with regard to air, bus, rail and waterborne passenger transport services should be based on the existing sectorial legislation relating to passenger rights. Where this Directive does not apply to certain types of transport services, Member States should be able to encourage service providers to apply the relevant accessibility requirements provided for in this Directive.
2017/02/13
Committee: TRAN
Amendment 80 #

2015/0278(COD)

Proposal for a directive
Recital 23
(23) In some situations, common accessibility requirements related tof the built environment including transport infrastructure used by passengers would facilitate the free movement of the related services and of persons with disabilities. Therefore, this Directive enables Member States to include the built environment used in the provision of the services under the scope of this Directive, ensuring compliance with the accessibility requirements set in Annex X where no other EU binding legislation on built environment exists. Where Member State decide to apply accessibility requirements to the built environment used in the provision of services covered by this Directive, they may adopt all or some of the accessibility requirements set out in section V of Annex I. However, Member States should not be required to amend or introduce national rules on accessibility of the built environment, if they do not decide to apply accessibility requirements provided for in this Directive related to the built environment used in the provision of the services under the scope of this Directive.
2017/02/13
Committee: TRAN
Amendment 89 #

2015/0278(COD)

Proposal for a directive
Recital 24 a (new)
(24a) Taking into account importance of trans-European transport network in terms of allowing seamless mobility and accessibility for all users, Member States may give due consideration to application of accessibility criteria related to built environment in case of transport infrastructure investment realized on the TEN-T network.
2017/02/13
Committee: TRAN
Amendment 118 #

2015/0278(COD)

Proposal for a directive
Article 1 – paragraph 2 – point c
(c) air, bus, rail and waterborne passenger transport services;deleted
2017/02/13
Committee: TRAN
Amendment 130 #

2015/0278(COD)

Proposal for a directive
Article 1 – paragraph 3 – point c
(c) tender procedures for public passenger transport services by rail and by road under Regulation (EC) No 1370/2007 of the European Parliament and of the Council.45 __________________ 45 Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) 1191/69 and 1107/70 (OJ L 315 of 3.12.2007, p.1).deleted
2017/02/13
Committee: TRAN
Amendment 134 #

2015/0278(COD)

Proposal for a directive
Article 1 – paragraph 3 – point d
(d) transport infrastructure in accordance with Regulation (EU) No 1315/2013 of the European Parliament and of the Council.46 __________________ 46Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans- European transport network (OJ L 348, 20.12.2013, p.1).deleted
2017/02/13
Committee: TRAN
Amendment 146 #

2015/0278(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 7 a (new)
(7a) ''air passenger transport services" means services provided by air carriers providing scheduled air services within the Union territory or to/from the Union territory or other services related to air services provided by owners of self-service terminals;
2017/02/13
Committee: TRAN
Amendment 147 #

2015/0278(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 7 b (new)
(7b) "bus passenger transport services" means services covered by Article 2(1) and 2(2) of Regulation (EC) No 181/2011;
2017/02/13
Committee: TRAN
Amendment 148 #

2015/0278(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 7 c (new)
(7c) "rail passenger transport services" means all rail passenger services as referred to in Article 2(1) and 2(2) of Regulation (EC) No 1371/2007;
2017/02/13
Committee: TRAN
Amendment 149 #

2015/0278(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 7 d (new)
(7d) "waterborne passenger transport services" means passenger services covered by Article 2(1) with the exception of services defined in Article 2(2) of the Regulation (EC) No 1177/2010;
2017/02/13
Committee: TRAN
Amendment 155 #

2015/0278(COD)

Proposal for a directive
Article 3 – paragraph 3
3. The following self-service terminals: Automatic Teller Machines, ticketing machines and check-in machines shall comply with the requirements set out in Section II of Annex I. When the above- mentioned terminals and machines are disposed in line or series, at least one of those terminals or machines is accessible according to the requirements in the Annex I.
2017/02/13
Committee: TRAN
Amendment 164 #

2015/0278(COD)

Proposal for a directive
Article 3 – paragraph 6 a (new)
6a. With regard to rail passenger transport, the accessibility requirements of this Directive related to the provision of information shall be deemed to be complied with where services comply with the corresponding provisions of Regulation (EU) No 1371/2007.
2017/02/13
Committee: TRAN
Amendment 165 #

2015/0278(COD)

Proposal for a directive
Article 3 – paragraph 6 b (new)
6b. With regard to rail passenger transport, the accessibility requirements of this Directive related to websites shall be deemed to be complied with where services comply with the corresponding provisions of Regulation (EU) No 454/2011.
2017/02/13
Committee: TRAN
Amendment 166 #

2015/0278(COD)

Proposal for a directive
Article 3 – paragraph 6 c (new)
6c. With regard to bus passenger transport, the accessibility requirements of this Directive related to the provision of information about accessibility characteristics and facilities shall be deemed to be complied with where services comply with Article 11 of Regulation (EU) No 181/2011.
2017/02/13
Committee: TRAN
Amendment 167 #

2015/0278(COD)

Proposal for a directive
Article 3 – paragraph 6 d (new)
6d. With regard to sea and inland waterway passenger transport, the accessibility requirements of this Directive related to the provision of information about the accessibility characteristics and facilities of services shall be deemed to be complied with where services comply with Article 9 of Regulation (EU) No 1177/2010.
2017/02/13
Committee: TRAN
Amendment 170 #

2015/0278(COD)

Proposal for a directive
Article 3 – paragraph 10
10. Member States may decide, in the light of national conditions, that the built environment used by clients of passenger transport services including the environment that is managed by service providers and by infrastructure operators as well as the built environment used by clients of banking services, and customer services centres and shops under the scope of telephony operators shall comply with the accessibility requirements of Annex I, section X, in order to maximise their use by persons with functional limitations, including persons with disabilities.deleted
2017/02/13
Committee: TRAN
Amendment 176 #

2015/0278(COD)

Proposal for a directive
Article 3 a (new)
Article 3 a Built environment 1. Member States are encouraged to require that providers of electronic communication services referred to in Article 1(2)(a), providers of passenger transport services referred to in Article 1(2)(c) and related infrastructure operators, and providers of consumer banking services referred to in Article 1(2)(d) ensure that the built environment used by their consumers complies with the accessibility requirements of Annex I, Section V, in order for these services to be used by persons with disabilities. 2. Without prejudice to the requirements relating to the built environment set in other binding Union regulations, Member States are encouraged to require that built environment, including transport infrastructure used by passengers, in particular the transport infrastructure of the trans - European transport network complies with the accessibility requirements of Annex I.
2017/02/13
Committee: TRAN
Amendment 205 #

2015/0278(COD)

Proposal for a directive
Article 21 – paragraph 1 – point c
(c) When establishing the accessibility requirements related to social and quality criteria established by competent authorities in tender procedures for public passenger transport services by rail and by road under Regulation (EC) No 1370/2007;deleted
2017/02/13
Committee: TRAN
Amendment 209 #

2015/0278(COD)

Proposal for a directive
Article 21 – paragraph 1 – point d
(d) To transport infrastructure in accordance with Article 37 of Regulation (EU) No 1315/2013.deleted
2017/02/13
Committee: TRAN
Amendment 231 #

2015/0278(COD)

Proposal for a directive
Article 27 a (new)
Article 27 a Transitional measures Member States shall provide that self- service terminals lawfully used by service providers in the provision of services before the date referred to in Article 27(2) of this Directive may continue to be used in the provision of similar services until the end of their economically or physically useful life or until they are fully depreciated.
2017/02/13
Committee: TRAN
Amendment 381 #

2015/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point e – introductory part
(e) the design, maintenance and operation of aerodromes located in the territory to which the Treaties apply, which are:
2016/06/15
Committee: TRAN
Amendment 382 #

2015/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point e – point i
(i) are open to public use;
2016/06/15
Committee: TRAN
Amendment 383 #

2015/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point e – point iii
(iii) serve operations using instrument approach or departure procedures; andeleted
2016/06/15
Committee: TRAN
Amendment 386 #

2015/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point e – point iv
(iv) have a paved, instrument runway of 800 metres or more, or exclusively serve helicopters;
2016/06/15
Committee: TRAN
Amendment 397 #

2015/0277(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 6
(6) ‘certification’ means any form of recognition in accordance with this Regulation, based on an appropriate assessment, that an organisation or person, product, part, non-installed equipment, aerodrome, aerodrome equipment, ATM/ANS system, ATM/ANS constituent or flight simulation training device complies with the applicable requirements of this Regulation and of the delegated and implementing acts adopted on the basis thereof, through the issuance of a certificate attesting such compliance;
2016/06/15
Committee: TRAN
Amendment 543 #

2015/0277(COD)

Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1
Aerodromes shall be subject to certification and shall be issued with a certificate. Changes to that certificate shall be also subject to certification and shall be issued with a certificate of changes.
2016/06/15
Committee: TRAN
Amendment 544 #

2015/0277(COD)

Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 2
That certificate and that certification of changes shall be issued upon application, when the applicant has demonstrated that the aerodrome complies with the aerodrome certification basis set out in paragraph 2 and that the aerodrome has no feature or characteristic making it unsafe for operation.
2016/06/15
Committee: TRAN
Amendment 546 #

2015/0277(COD)

Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 3
Those certificates shall cover the aerodrome and its safety-related equipment.
2016/06/15
Committee: TRAN
Amendment 550 #

2015/0277(COD)

Proposal for a regulation
Article 31
Safety-critical aerodrome equipment 1. pursuant to Article 34 so provide, safety- critical aerodrome equipment used or intended for use at aerodromes subject to this Regulation shall be subject to certification and shall be issued with a certificate. The certificate for such equipment shall be issued upon application, when the applicant has demonstrated that the equipment complies with the detailed specifications established in accordance with Article 34 to ensure compliance with the essential requirements referred to in Article 29. 2. paragraph 1, where the delegated acts adopted pursuant to Article 34 so provide, organisations involved in the design, manufacture and maintenance of safety- critical aerodrome equipment shall be permitted to declare the compliance of that safety-critical equipment with the essential requirements referred to in Article 29.Article 31 deleted Where the delegated acts adopted By way of derogation from
2016/06/15
Committee: TRAN
Amendment 551 #

2015/0277(COD)

Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1
Where the delegated acts adopted pursuant to Article 34 so provide, safety- critical aerodrome equipment used or intended for use at aerodromes subject to this Regulation shall be subject to certification and shall be issued with a certificate.
2016/06/15
Committee: TRAN
Amendment 557 #

2015/0277(COD)

Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 2
The certificate for such equipment shall be issued upon application, when the applicant has demonstrated that the equipment complies with the detailed specifications established in accordance with Article 34 to ensure compliance with the essential requirements referred to in Article 29.deleted
2016/06/15
Committee: TRAN
Amendment 563 #

2015/0277(COD)

Proposal for a regulation
Article 31 – paragraph 2
2. By way of derogation from paragraph 1, where the delegated acts adopted pursuant to Article 34 so provide, organisations involved in the design, manufacture and maintenance of safety- critical aerodrome equipment shall be permitted to declare the compliance of that safety-critical equipment with the essential requirements referred to in Article 29.
2016/06/15
Committee: TRAN
Amendment 571 #

2015/0277(COD)

Proposal for a regulation
Article 32 – paragraph 2 a (new)
2a. The certificate for an organisation responsible for the operation of an aerodrome may be either combined with the certificate for an aerodrome or issued separately.
2016/06/15
Committee: TRAN
Amendment 573 #

2015/0277(COD)

Proposal for a regulation
Article 34 – paragraph 1 – introductory part
1. For aerodromes, safety-critical aerodrome equipment, the operation of aerodromes and the provision of ground handling and apron management services at aerodromes, the Commission shall be empowered to adopt delegated acts in accordance with Article 117 to lay down detailed rules with regard to:
2016/06/15
Committee: TRAN
Amendment 576 #

2015/0277(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point c
(c) the conditions for establishing and for notifying to an applicant the detailed specifications applicable to safety-critical aerodrome equipment for the purposes of certification in accordance with Article 31(1);deleted
2016/06/15
Committee: TRAN
Amendment 577 #

2015/0277(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point e
(e) the conditions for issuing, maintaining, amending, suspending or revoking the certificates for safety-critical aerodrome equipment referred to in Article 31, including the conditions for situations in which, with a view to achieving the objectives set out in Article 1 and while taking account of the nature and risk of the particular activity concerned, such certificates shall be required or declarations shall be permitted, as applicable;deleted
2016/06/15
Committee: TRAN
Amendment 581 #

2015/0277(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point l
(l) the conditions for issuing and disseminating mandatory information by the Agency in accordance with Article 65(6) and by the national competent authorities, in order to ensure the safety of aerodrome operations and aerodrome equipment.
2016/06/15
Committee: TRAN
Amendment 665 #

2015/0277(COD)

Proposal for a regulation
Article 51 – paragraph 3 – subparagraph 3
The national competent authority of the Member State where the aerodrome is located shall be responsible for those tasks with respect to the aerodrome certificate referred to in Article 30(1) and the certificate for an organisation responsible for the operation of an aerodrome referred to in Article 32(1). The certificate for an organisation responsible for the operation of an aerodrome may be either combined with the certificate for an aerodrome or issued separately.
2016/06/15
Committee: TRAN
Amendment 1013 #

2015/0277(COD)

Proposal for a regulation
Annex I – paragraph 2 – introductory part
Categories of manned aircraft to which the Regulation does not apply:
2016/06/15
Committee: TRAN
Amendment 1016 #

2015/0277(COD)

Proposal for a regulation
Annex I – paragraph 2 – point c
(c) manned aircraft at least 51 % of which is built by an amateur, or a non- profit making association of amateurs, for their own purposes and without any commercial objective;
2016/06/15
Committee: TRAN
Amendment 1017 #

2015/0277(COD)

Proposal for a regulation
Annex I – paragraph 2 – point e – introductory part
(e) aeroplanes having thircraft having measurable stall speed or the minimum steady flight speed in landing configuration not exceeding 345 knots calibrated air speed (CAS) and having no more than two seats, as well as helicopters gyroplanes, balloons and powered parachutes having no more than two seats, that have a maximum take-off mass (MTOM) of no more than 600 kg, and an empty mass, excluding fuel, of no more than 350 kg, as recorded by the Member States, of no more than:
2016/06/15
Committee: TRAN
Amendment 1020 #

2015/0277(COD)

Proposal for a regulation
Annex I – paragraph 2 – point e – point i
(i) 300 kg for a land plane/helicopter, single-seater;deleted
2016/06/15
Committee: TRAN
Amendment 1023 #

2015/0277(COD)

Proposal for a regulation
Annex I – paragraph 2 – point e – point ii
(ii) 450 kg for a land plane/helicopter, two-seater;deleted
2016/06/15
Committee: TRAN
Amendment 1024 #

2015/0277(COD)

Proposal for a regulation
Annex I – paragraph 2 – point e – point iii
(iii) 330 kg for an amphibian or floatplane/helicopter single-seater;deleted
2016/06/15
Committee: TRAN
Amendment 1026 #

2015/0277(COD)

Proposal for a regulation
Annex I – paragraph 2 – point e – point iv
(iv) 495 kg for an amphibian or floatplane/helicopter two-seater, provided that, where operating both as a floatplane/helicopter and as a land plane/helicopter, it falls below both MTOM limits, as appropriate;deleted
2016/06/15
Committee: TRAN
Amendment 1029 #

2015/0277(COD)

Proposal for a regulation
Annex I – paragraph 2 – point e – point v
(v) 472,5 kg for a land plane, two- seater equipped with an airframe mounted total recovery parachute system;deleted
2016/06/15
Committee: TRAN
Amendment 1031 #

2015/0277(COD)

Proposal for a regulation
Annex I – paragraph 2 – point e – point vi
(vi) 540 kg for a land plane, two-seater equipped with an airframe mounted total recovery parachute system and equipped with electric propulsion system;deleted
2016/06/15
Committee: TRAN
Amendment 1034 #

2015/0277(COD)

Proposal for a regulation
Annex I – paragraph 2 – point e – point vii
(vii) 315 kg for a land plane single- seater equipped with an airframe mounted total recovery parachute system;deleted
2016/06/15
Committee: TRAN
Amendment 1036 #

2015/0277(COD)

Proposal for a regulation
Annex I – paragraph 2 – point e – point viii
(viii) 365 kg for a land plane single- seater equipped with an airframe mounted total recovery parachute system and equipped with electric propulsion system;deleted
2016/06/15
Committee: TRAN
Amendment 1037 #

2015/0277(COD)

Proposal for a regulation
Annex I – paragraph 2 – point f
(f) single and two-seater gyroplanes with a MTOM not exceeding 560 kg;deleted
2016/06/15
Committee: TRAN
Amendment 1040 #

2015/0277(COD)

Proposal for a regulation
Annex I – paragraph 2 – point g
(g) sailplanes and powered sailplanes with a MTOM , of no more than 250 kg when single-seater or 400 kg when two- seater, including those which are foot launched;deleted
2016/06/15
Committee: TRAN
Amendment 1041 #

2015/0277(COD)

Proposal for a regulation
Annex I – paragraph 2 – point j
(j) any other manned aircraft which has a maximum empty mass, including fuel, of no more than 70 kg.
2016/06/15
Committee: TRAN
Amendment 59 #

2015/0009(COD)

Proposal for a regulation
Recital 11
(11) The EFSI should support strategic investments with high economic value added contributing to achieving Union policy objectives. such as high level of the energy security and well-functioning digital single market. All operations under EFSI should be consistent with Union policies, including cohesion policy, and complementary to other relevant EU financial instruments (Connecting Europe Facility, Horizon 2020, COSME, European Structural and Investment Funds), as well as other public and private financing instruments at national and regional level.
2015/03/19
Committee: TRAN
Amendment 62 #

2015/0009(COD)

Proposal for a regulation
Recital 11
(11) The EFSI should support strategic investments with high economic value added contributing to achieving Union policy objectives, and all operations under EFSI should be consistent with Union's policies. In this perspective, EFSI support to transport infrastructure should contribute to the objectives of Regulation (EU) 1315/2013 (CEF) and Regulation No 1316/2013 (TEN-T).
2015/03/19
Committee: TRAN
Amendment 86 #

2015/0009(COD)

Proposal for a regulation
Recital 29 a (new)
(29 a) The EFSI should help to overcome Europe's current investment difficulties and thus contribute to strengthening the Union's economic, social and territorial cohesion. The contribution from the Union budget to the EU Guarantee Fund should therefore be redeployed from other funds than from the funds already allocated to the cohesion policy.
2015/03/19
Committee: TRAN
Amendment 175 #

2015/0009(COD)

Proposal for a regulation
Article 8 – paragraph 5 a (new)
5 a. As far as the payments from the general budget of the Union referred to in paragraph 2(a) are concerned, the funds under heading 1B (Economic, social and territorial cohesion) shall not be redeployed.
2015/03/19
Committee: TRAN
Amendment 168 #

2014/2242(INI)

Motion for a resolution
Paragraph 7
7. Considers that the use of renewable energyalternative energy sources is key to achieving sustainable urban mobility, and that technology neutrality should be respected when adopting measures to meet EU targets for CO2 emissions and energy savings;
2015/06/08
Committee: TRAN
Amendment 276 #

2014/2242(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Emphasises the importance of public access to information on urban public transport in ensuring efficient use of the communication potential it provides, including route information, connection times between individual sections, and information on interchanges for transfer between different modes of transport, and calls for the promotion of innovative ways of obtaining such information in real time;
2015/06/08
Committee: TRAN
Amendment 279 #

2014/2242(INI)

Motion for a resolution
Paragraph 14 b (new)
14b. Emphasises that affordable, foreigner-friendly urban public transport, which takes account of various language needs, is important for the urban tourism sector and the promotion of European cultural heritage;
2015/06/08
Committee: TRAN
Amendment 281 #

2014/2242(INI)

Motion for a resolution
Paragraph 14 b (new)
14b. Emphasises the need to ensure easy access to the urban public transport system for people travelling with pushchairs and young children, disabled people with reduced mobility, wheelchair users and people requiring full-time care, whose special needs as regards communications should be taken into account in SUMPs;
2015/06/08
Committee: TRAN
Amendment 439 #

2014/2242(INI)

Motion for a resolution
Paragraph 26
26. Encourages the Commission to set aside at least 20 % of EU transport funds for sustainable urban mobility projects when reviewing regional, cohesion and European Fund for Strategic Investments budgets;deleted
2015/06/08
Committee: TRAN
Amendment 440 #

2014/2242(INI)

Motion for a resolution
Paragraph 26
26. Encourages the Commission to set aside at least 20 % of EU transport funds for sustainable urban mobility projects when reviewing regional, cohesion and European Fund for Strategic Investments budgets;deleted
2015/06/08
Committee: TRAN
Amendment 42 #

2014/2241(INI)

Motion for a resolution
Recital G a (new)
Ga. bearing in mind that offering services of a high standard and protection of consumer rights should constitute the highest priority for all entities performing services connected with tourism, including entities operating in the sector of sharing and using the latest internet technologies;
2015/06/25
Committee: TRAN
Amendment 62 #

2014/2241(INI)

Motion for a resolution
Paragraph 4
4. Takes note that the Commission has reduced its staffing in the field of tourism dramatically and regards this decision to be inappropriate in the light of the importance attached to tourism as an essential factor of economic growth and jobs in Europe; criticises the fact that the subject of tourism is not listed visibly enough on the new DG GROW website;deleted
2015/06/25
Committee: TRAN
Amendment 101 #

2014/2241(INI)

Motion for a resolution
Paragraph 7
7. Recognises, however, that a clear definition and the potential of a Brand Destination Europe has to be further developed; recommends the setting up of a Brand manual, which should specify agreed promotion modalities of this brand in a way that fairly reflects the tourism potential of all Member States; calls on the Member States to cooperate constructively in order to achieve this objective;
2015/06/25
Committee: TRAN
Amendment 109 #

2014/2241(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Stresses that the creation of a ‘Brand Destination Europe’ should reflect the particular role of regions, including the diversity of their cultural heritage and natural heritage, rather than acting to their detriment, particularly as regards the redistribution of support from European funds designated for the promotion of regional tourism and support for SMEs;
2015/06/25
Committee: TRAN
Amendment 140 #

2014/2241(INI)

Motion for a resolution
Paragraph 10
10. Believes furthermore that targeted touristm products, which offer a specific tourism experience targeted at the specific needs of consumers, including above all religious tourism and spa tourism, are more promising in helping to overcome seasonality in Europe than tourism products targeting specific age groups (e.g. seniors and young people); calls on the Commission, therefore, to review the objectives for action under the COSME programme;
2015/06/25
Committee: TRAN
Amendment 174 #

2014/2241(INI)

Motion for a resolution
Paragraph 13
13. Underlines the fact that high-quality tourism services are guaranteed if combined with decent work conditions and that the disregard for, and weakening of, social achievementseconomic rivalry between commercial entities operating in theis sector are counterproductiveshould not work to the detriment of employees’ rights;
2015/06/25
Committee: TRAN
Amendment 239 #

2014/2241(INI)

Motion for a resolution
Paragraph 18
18. Considers that sensitive regions such as islands, coasts and mountains often depend strongly on tourism business and are the first affected by climate change; is therefore convinced that climate protectionsensible and sustainable management of natural resources should be more strongly integrated into European, national and regional tourism and transport policies;
2015/06/25
Committee: TRAN
Amendment 267 #

2014/2241(INI)

Motion for a resolution
Paragraph 20
20. Stresses that accessibility in tourism is an integral part of its sustainability and that the ‘tourism for all’ principle taking into account the special needs of families travelling with children, seniors and the disabled, needs to be the reference for any national, regional, local or European tourism-related action;
2015/06/25
Committee: TRAN
Amendment 280 #

2014/2241(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Underlines that the continuing immigration crisis in Europe particularly affects coastal areas, where tourism is an important element of the income of residents; calls upon the Commission to draft a report on the impact that the uncontrolled influx of immigrants into the European Union is having on the tourism sector;
2015/06/25
Committee: TRAN
Amendment 305 #

2014/2241(INI)

Motion for a resolution
Paragraph 25
25. emphasises that the technology companies acting as facilitators need to inform their providers about their obligations and how to remain fully compliant with local laws; , particularly as regards the protection of consumer rights and to provide information in a reliable and accessible manner about all fees and hidden costs associated with conducting business and how to remain fully compliant with local laws, particularly as regards tax law and the observance of norms regarding consumer safety and the conditions of work of those performing tourism services;
2015/06/25
Committee: TRAN
Amendment 124 #

2013/0186(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 7
7. ‘air traffic flow and capacity management (ATFCM)service’ means a service aiming at protecting air traffic control from over-delivery and optimising the use of the available capacity;, performed at network level by the Network Manager and at regional and local level by ANSPs.
2021/02/05
Committee: TRAN
Amendment 137 #

2013/0186(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 22
22. ‘common information service (CIS)’ means a service consisting in the collection of static and dynamic data and their dissemination to enable the provision of services for the management of traffic of unmanned aircraft;
2021/02/05
Committee: TRAN
Amendment 143 #

2013/0186(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 26
26. ‘cooperative decision-making’ means a process in which decisions are made based on interaction and consultation with Member States, operational stakeholders and with Member States and other actors as appropriate;
2021/02/05
Committee: TRAN
Amendment 149 #

2013/0186(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 40
40. ‘national supervisory authority’ means the national body or bodies entrusted by a Member State with the tasks under this Regulation other than the tasks covered by the national competent authority;
2021/02/05
Committee: TRAN
Amendment 152 #

2013/0186(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 42 a (new)
42a. ‘network functions’ means air traffic management network functions and services delivered in order to achieve objectives defined in this regulation, executed by all relevant operational stakeholders.
2021/02/05
Committee: TRAN
Amendment 154 #

2013/0186(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 43
43. ‘Network Manager’ means the entity entrusted with the tasks necessary to contribute to the execution of the network functions referred to in Article 26, in accordance with Article 27;
2021/02/05
Committee: TRAN
Amendment 155 #

2013/0186(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 47
47. ‘route network’ means a network of specified routes for channelling the flow of general air traffic as necessary for the provision of ATC services;deleted
2021/02/05
Committee: TRAN
Amendment 159 #

2013/0186(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. The national supervisory authorities shall exercise their powers impartially, independently and transparently and shall be organised, staffed, managed and financed accordingly. This shall be achieved by applying appropriate management and control mechanisms and shall be organised, staffed, managed and financed accordingly, including within the administration of a Member State. However, this shall not prevent the national supervisory authorities from exercising their tasks within the rules of organisation of national civil aviation authorities or any other public bodies.
2021/02/05
Committee: TRAN
Amendment 163 #

2013/0186(COD)

Proposal for a regulation
Article 3 – paragraph 3 – introductory part
3. Without prejudice to paragraph 1, the national supervisory authorities shall be legally distinct and independent from any other public or private entity in terms of their organisation, functioning, legal structure and decision-making.deleted
2021/02/05
Committee: TRAN
Amendment 190 #

2013/0186(COD)

Proposal for a regulation
Article 3 – paragraph 6 – introductory part
6. In addition to the requirements set out in paragraph 5, persons in charge of strategic decisions shall be appointed by an entity of the Member State concerned which does not directly exert ownership rights over air navigation service providers. Member States shall decide whether these persons are appointed for a fixed and renewable term, or on a permanent basis which only allows dismissal for reasons not related to their decision-making. Persons in charge of strategic decisions shall not seek or take instructions from any government or other public or private entity when carrying out their functions for the national supervisory authority and shall have full authority over the recruitment and management of its staff.
2021/02/05
Committee: TRAN
Amendment 216 #

2013/0186(COD)

Proposal for a regulation
Article 3 – paragraph 10
10. The Commission shall establish detailed ruleguidance materials laying down the modalities of recruitment and selection procedures referred to in paragraph 5, points (a) and (b). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(3).
2021/02/05
Committee: TRAN
Amendment 219 #

2013/0186(COD)

Proposal for a regulation
Article 4 – paragraph 1 – introductory part
1. The national supervisory authorities referred to in Article 3 shall: apply the performance and charging schemes set out in Articles 10 to 17 and 19 to 22 and the implementing acts referred to in Articles 18 and 23, within the limits of their tasks defined in those articles and acts, and oversee the application of the Regulation regarding the transparency of accounts of designated air traffic service providers in accordance with Article 25;
2021/02/05
Committee: TRAN
Amendment 220 #

2013/0186(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point a
(a) conduct the activities necessary for the issuance of the economic certificates referred to in Article 6, including the oversight of the holders of those economic certificates;deleted
2021/02/05
Committee: TRAN
Amendment 222 #

2013/0186(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point b
(b) oversee the correct application of procurement requirements in accordance with Article 8(6);deleted
2021/02/05
Committee: TRAN
Amendment 224 #

2013/0186(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point c
(c) apply the performance and charging schemes set out in in Articles 10 to 17 and 19 to 22 and the implementing acts referred to in Articles 18 and 23, within the limits of their tasks defined in those articles and acts, and oversee the application of the Regulation regarding the transparency of accounts of designated air traffic service providers in accordance with Article 25.deleted
2021/02/05
Committee: TRAN
Amendment 230 #

2013/0186(COD)

Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
It shall take all necessary enforcement measures which may, where appropriate, include the amendment, limitation, suspension or revocation of economic certificates issued by them in accordance with Article 6.
2021/02/05
Committee: TRAN
Amendment 273 #

2013/0186(COD)

Proposal for a regulation
Article 6
[...]deleted
2021/02/05
Committee: TRAN
Amendment 306 #

2013/0186(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point a
(a) they shall hold a valid certificate or a valid declaration as referred to in Article 41 of Regulation (EU) 2018/1139 and an economic certificate in accordance with Article 6(1).
2021/02/05
Committee: TRAN
Amendment 329 #

2013/0186(COD)

Proposal for a regulation
Article 7 a (new)
Article 7a Relations between service providers 1. Air traffic service providers may avail themselves of the air traffic services of other service providers that have been certified in the Union. 2. Air traffic service providers shall formalise their working relationships by means of written agreements or equivalent legal arrangements, setting out the specific duties and functions assumed by each provider and allowing for the exchange of operational data between all service providers in so far as general air traffic is concerned. Those arrangements shall be notified to the national supervisory authority or authorities concerned. The approval of the Member States concerned shall be required.
2021/02/05
Committee: TRAN
Amendment 334 #

2013/0186(COD)

Proposal for a regulation
Article 8 – paragraph 1 – introductory part
1. Where this enables cost-efficiency gains to the benefit of airspace userjustified by service quality, safety considerations, cost-efficiency and potential environmental gains, air traffic service providers may decide to procure CNS, AIS, ADS or MET services under market conditions.
2021/02/08
Committee: TRAN
Amendment 345 #

2013/0186(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Where this enables cost-efficiency gains to the benefit of airspace userjustified by service quality, safety considerations, cost-efficiency and potential environmental gains, Member States shallmay allow airport operators to procure terminal air traffic services for aerodrome control under market conditions.
2021/02/08
Committee: TRAN
Amendment 359 #

2013/0186(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
In addition, where this enables cost- efficiency gains to the benefit of airspace userjustified by service quality, safety considerations, cost- efficiency and potential environmental gains, Member States may allow airport operators or the national supervisory authority concerned to procure terminal air traffic services for approach control under market conditions.
2021/02/08
Committee: TRAN
Amendment 362 #

2013/0186(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. Procurement of services under market conditions shall be on the basis of equal, non-discriminatory and transparent conditions in accordance with Union law including Treaty rules on competition. The tender procedures for the procurement of the services concerned shall be designed so as to enable the effective participation of competing providers in these procedures including through regular reopening of competition.deleted
2021/02/08
Committee: TRAN
Amendment 366 #

2013/0186(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. Member States shall take all necessary measures to ensure that the provision of en route air traffic services is separated in terms of organisation from the provision of CNS, AIS, ADS, MET and terminal air traffic services and that the requirement concerning the separation of accounts referred to in Article 25(3) is respected.deleted
2021/02/08
Committee: TRAN
Amendment 384 #

2013/0186(COD)

Proposal for a regulation
Article 8 – paragraph 6
6. National supervisory authorities shall ensure that procurement by air traffic service providers and airport operators as referred to in paragraph 1 complies with paragraph 2, and where necessary shall apply corrective measures. In the case of terminal air traffic services, they shall be responsible for approving tender specifications for terminal air traffic services, which shall include requirements on service quality. The national supervisory authorities shall refer to the national competition authority referred to in Article 11 of Council Regulation (EC) No 1/2003 matters relating to the application of competition rules.
2021/02/08
Committee: TRAN
Amendment 388 #

2013/0186(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Where common information services are provided, the data disseminated shall present the integrity and quality necessary to enable the safe provision of services for the management of traffic of unmanned aircraft.
2021/02/08
Committee: TRAN
Amendment 392 #

2013/0186(COD)

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
The costs referred to in the first subparagraph shall be set out in an account separate from the accounts for any other activities of the operator concerned and shall be made publicly available to the national supervisory authority concerned.
2021/02/08
Committee: TRAN
Amendment 396 #

2013/0186(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1
Prices for access to such data shall be based on the marginal cost of making the data available.deleted
2021/02/08
Committee: TRAN
Amendment 421 #

2013/0186(COD)

Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
The Commission may, based on an impact assessment and following consultation with stakeholders concerned, add additional key performance areas for performance target setting or monitoring purposes, where necessary to improve performance.
2021/02/08
Committee: TRAN
Amendment 434 #

2013/0186(COD)

Proposal for a regulation
Article 10 – paragraph 3 – point h
(h) balanced and symmetrical incentive schemes including for financial disincentivbonuses applicable where an air traffic service provider does not comply with the relevant binding performance targets during the reference period orachieves a performance exceeding binding performance targets and penalties where it hadoes not icomplementedy with the relevant common projectsbinding performance targets during the referred to in Article 35nce period. Such financial disincentives shall in particular take account of the deterioration in the level of service quality provided by that provider, as a result of not complying with the performance targets or not implementing the common projects, and the impact thereof on the networkbe proportionate to the magnitude of the variation between the achieved performance and the target and shall take into account to the greatest extent possible effects attributable to air traffic service providers and include adjustment for any impacts stemming from actions of other stakeholders;
2021/02/08
Committee: TRAN
Amendment 435 #

2013/0186(COD)

Proposal for a regulation
Article 10 – paragraph 3 – point k
(k) a methodology for the allocation of costs common to en -route and terminal air navigation services between the two categories of services, which shall respect local circumstances;
2021/02/08
Committee: TRAN
Amendment 441 #

2013/0186(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The Commission shall adopt the Union-wide performance targets for en route air navigation services and for terminal air navigation services in the key performance areas of environment, capacity and cost-efficiency for each reference period, in accordance with the advisoryexamination procedure referred to in Article 37(23) and with paragraphs 2 to 3 of this Article and following consultation with stakeholders. In conjunction with the Union- wide performance targets, the Commission may define complementary baseline values, breakdown values or benchmark groups, for the purpose of enabling the assessment and approval of draft performance plans in accordance with the criteria referred to in Article 13(3).
2021/02/08
Committee: TRAN
Amendment 449 #

2013/0186(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. For the purposes of preparing its decisions on Union-wide performance targets, the Commission shall collect any necessary input from stakeholders and the potential complementary baseline values and breakdown values, the Commission shall collect any necessary input from stakeholders and the relevant national regulators (national supervisory authorities / national competent authorities). Upon request of the Commission, the Agency acting as PRB shall provide assistance to the Commission for the analysis and preparation of those decisions, by way of an opinion.
2021/02/08
Committee: TRAN
Amendment 451 #

2013/0186(COD)

Proposal for a regulation
Article 12
Classification of en route and terminal air 1. period, each Member State shall notify to the Commission which air navigation services to be provided during that period in the airspace under their responsibility it intends to classify as en route air navigation services and as terminal air navigation services respectively. At the same time, each Member State shall notify the Commission of the designated air traffic service providers of those respective services. 2. relevant reference period, the Commission, shall adopt implementing decisions addressed to each Member State as to whether the intended classification of the services concerned complies with the criteria set out in points (28) and (55) of Article 2. Upon request of the Commission, the Agency acting as PRB shall provide assistance to the Commission for the analysis and preparation of those decisions, by way of an opinion. 3. paragraph 2 finds that the intended classification does not comply with the criteria set out in points (28) and (55) of Article 2, the Member State concerned shall, having regard to that decision, submit a new notification whose terms comply with those criteria. The Commission shall take a decision on this notification in accordance with paragraph 2. 4. providers concerned shall base their draft performance plans for en route and terminal air navigation services on the classifications the Commission has found to be in compliance with the criteria set out in points (28) and (55) of Article 2. The Agency acting as PRB shall base itself on those same classifications when assessing the allocation of costs between en route and terminal air navigation services under Article 13(3).Article 12 deleted navigation services Before the start of each reference In due time before the start of the Where a decision adopted under The designated air traffic service
2021/02/08
Committee: TRAN
Amendment 475 #

2013/0186(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. The draft performance plans for en route air navigation services referred to in paragraph 1 shall include relevant information provided by the Network Manager. Before adopting those draft plans, designated air traffic service providers shall consult airspace users’ representatives and, where relevant, military authorities, airport operators and airport coordinators. The designated air traffic service providers shall also submit those plans to the national competent authority responsible for their certification, which shall verify the compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof.
2021/02/08
Committee: TRAN
Amendment 492 #

2013/0186(COD)

Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 – point c a (new)
(ca) consideration of relevant local circumstances that have a potential impact on the achievement of performance targets by the air traffic service provider
2021/02/08
Committee: TRAN
Amendment 498 #

2013/0186(COD)

Proposal for a regulation
Article 13 – paragraph 4
4. The allocation of costs between en route and terminal air navigation services shall be assessed by the Agency acting as PRBnational supervisory authority on the basis of the methodology referred to in Article 10(3)(k) and the classification of the different services as assessed by the Commission pursuant to Article 12.
2021/02/08
Committee: TRAN
Amendment 504 #

2013/0186(COD)

Proposal for a regulation
Article 13 – paragraph 5
5. The draft performance plans for en route air navigation services referred to in paragraph 1, including where relevant the allocation of costs between en route and terminal air navigation services, shall be submitted to the Agency acting as PRBnational supervisory authority for assessment and approval.
2021/02/08
Committee: TRAN
Amendment 507 #

2013/0186(COD)

Proposal for a regulation
Article 13 – paragraph 6 – introductory part
6. In the case of a designated air traffic service provider providing both en route air navigation services and terminal air navigation services, the Agency acting as PRBnational supervisory authority shall first assess the allocation of costs between the respective services in accordance with paragraph 4.
2021/02/08
Committee: TRAN
Amendment 509 #

2013/0186(COD)

Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 1
Where the Agency acting as PRBnational supervisory authority finds that the allocation of costs does not comply with the methodology or with the classification referred to in paragraph 4, the designated air traffic service provider concerned shall present a new draft performance plan complying with that methodology and with that classification.
2021/02/08
Committee: TRAN
Amendment 512 #

2013/0186(COD)

Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2
Where the Agency acting as PRBnational supervisory authority finds that the allocation of costs complies with that methodology and with that classification, it shall take a decision to that effect, notifying the designated air traffic service provider and national supervisory authority concerned. The national supervisory authority shall be bound by the conclusions of that decision in respect of the allocation of costs for the purposes of the assessmen. The designated air traffic service provider shall be bound by the conclusions of that decision in respect of the draft performance plan for terminal air navigation services referred to in Article 14.
2021/02/08
Committee: TRAN
Amendment 513 #

2013/0186(COD)

Proposal for a regulation
Article 13 – paragraph 6 a (new)
6a. The national supervisory authority shall submit the draft performance plan to the Agency acting as PRB for assessment of consistency of performance targets for en route air navigation services with Union-wide performance targets and assessment of compliance of the performance plan with the Union performance and charging schemes. Where paragraph 6 applies, this submission shall take place after a decision on the allocation of costs has been taken by the national supervisory authority in accordance with the third subparagraph of paragraph 6. The Agency acting as PRB shall assess the performance targets for en-route air navigation services according to the criteria set out in paragraph 3. Following the assessment, the Agency acting as PRB shall provide the national supervisory authority with recommendations to approve the performance targets, in case when the Agency acting as PRB considers the targets consistent with Union-wide targets and the plan is considered compliant with Union performance and charging schemes, or to deny the approval, when the Agency acting as PRB considers the targets not consistent with Union-wide targets or the plan not compliant with Union performance and charging schemes. The Agency acting as PRB shall justify its assessment for each of the performance targets, considering also interdependencies between key performance areas.
2021/02/08
Committee: TRAN
Amendment 516 #

2013/0186(COD)

Proposal for a regulation
Article 13 – paragraph 7 – introductory part
7. The Agency acting as PRBnational supervisory authority shall assess the performance targets for en route air navigation services and the performance plans according to the criteria and conditions set out in paragraph 3, duly considering interdependencies between key performance areas. In its assessment the national supervisory authority shall take into account the recommendations provided by the Agency acting as PRB referred to in paragraph 6a. Where paragraph 6 applies, this assessment shall take place after a decision on the allocation of costs has been taken in accordance with the fourththird subparagraph of paragraph 6.
2021/02/08
Committee: TRAN
Amendment 520 #

2013/0186(COD)

Proposal for a regulation
Article 13 – paragraph 7 – subparagraph 1
Where the Agency acting as PRBnational supervisory authority finds that the draft performance plan meets those criteria and conditions, it shall approve it.
2021/02/08
Committee: TRAN
Amendment 523 #

2013/0186(COD)

Proposal for a regulation
Article 13 – paragraph 7 – subparagraph 2
Where the Agency acting as PRBnational supervisory authority finds that one or several performance targets for en route air navigation services are not consistent with the Union-wide performance targets or the performance plan does not meet the additional conditions set out in paragraph 3, it shall deny the approval. In each case, the national supervisory authority shall justify its decision and how it has taken the assessment of the Agency acting as PRB into account.
2021/02/08
Committee: TRAN
Amendment 529 #

2013/0186(COD)

Proposal for a regulation
Article 13 – paragraph 8
8. Where the Agency acting as PRBnational supervisory authority has denied approval of a draft performance plan in accordance with paragraph 7, a revised draft performance plan shall be presented by the designated air traffic service provider concerned, including where necessary revised targets.
2021/02/08
Committee: TRAN
Amendment 532 #

2013/0186(COD)

Proposal for a regulation
Article 13 – paragraph 9 – introductory part
9. The Agency acting as PRBnational supervisory authority shall assess the revised draft performance plan referred to in paragraph 8 in accordance with the criteria and conditions set out in paragraph 3. The Agency acting as PRB shall support the national supervisory authority by assessing the revised draft performance plan referred to in paragraph 8 on its compliance with the Union performance and charging schemes as well as on consistency of performance targets with Union-wide targets. The PRB shall submit a revised recommendations to the national supervisory authority. Where a revised draft performance plan meets those criteria and conditions, the Agency acting as PRBnational supervisory authority shall approve it.
2021/02/08
Committee: TRAN
Amendment 536 #

2013/0186(COD)

Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 1
Where a revised draft performance plan does not meet those criteria and conditions, the Agency acting as PRBnational supervisory authority shall deny its approval and shall require the designated air traffic service provider to present a final draft performance plan.
2021/02/08
Committee: TRAN
Amendment 541 #

2013/0186(COD)

Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 2
Where the revised draft performance plan submitted in accordance with paragraph 8 is denied because it contains performance targets for en route air navigation services that are not consistent with the Union-wide performance targets, the Agency acting as PRBnational supervisory authority shall establish performance targets in consistency with the Union-wide performance targets for the designated air traffic service provider concerned, taking into account the findings made in the decision referred to in paragraph 7. The final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets thus established by the Agency acting as PRBnational supervisory authority, as well as the measures to achieve those targets.
2021/02/08
Committee: TRAN
Amendment 545 #

2013/0186(COD)

Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 3
Where approval of the revised draft performance plan submitted in accordance with paragraph 8 is denied only because it does not comply with the conditions set out in the third subparagraph of paragraph 3, the final draft performance plan to be presented by the designated air traffic service provider concerned shall contain the amendments necessary in view of the conditions the national supervisory authority has found not being met. It shall include the performance targets contained in the draft performance plan and found to be consistent with the Union-wide performance targets by the Agency acting as PRB, and shall contain the amendments necessary in view of the conditions the Agency acting as PRB has found not being metnational supervisory authority, unless the amendments to the assumptions have direct impact on the targets concerned.
2021/02/08
Committee: TRAN
Amendment 549 #

2013/0186(COD)

Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 4
Where approval of the revised draft performance plan submitted in accordance with paragraph 8 is denied only because it contains performance targets for en route air navigation services that are not consistent with the Union-wide performance targets and because, in addition, it does not comply with the conditions set out in the third subparagraph of paragraph 3, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets established by the Agency acting as PRB in accordance with the third subparagraph and the measures to achieve those targets and shall and shall contain the amendments necessary in view of the conditions the Agency acting as PRB has found not being metcontain the amendments necessary in view of the conditions the national supervisory authority has found not being met. It shall include the performance targets contained in the draft performance plan and found to be consistent with the Union-wide performance targets by national supervisory authority, unless the amendments to the assumptions have direct impact on the targets concerned.
2021/02/08
Committee: TRAN
Amendment 551 #

2013/0186(COD)

Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 4
Where approval of the revised draft performance plan submitted in accordance with paragraph 8 is denied because it contains performance targets for en route air navigation services that are not consistent with the Union-wide performance targets and because, in addition, it does not comply with the conditions set out in the third subparagraph of paragraph 3, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets established by the Agency acting as PRBnational supervisory authority in accordance with the third subparagraph and the measures to achieve those targets and shall and shall contain the amendments necessary in view of the conditions the Agency acting as PRBnational supervisory authority has found not being met.
2021/02/08
Committee: TRAN
Amendment 553 #

2013/0186(COD)

Proposal for a regulation
Article 13 – paragraph 10
10. Draft performance plans approved by the Agency acting as PRBnational supervisory authority shall be adopted by the designated air traffic service providers concerned as definitive plans, and shall be made publicly available.
2021/02/08
Committee: TRAN
Amendment 570 #

2013/0186(COD)

Proposal for a regulation
Article 13 – paragraph 11 – subparagraph 1
The designated air traffic service provider shall provide the information and data necessary for the monitoring of the performance of air navigation services to the national supervisory authority. This shall include information and data related to actual costs and revenues. Where performance targets are not reached or the performance plan is not correctly implemented, the Agency acting as PRB shall issue decisions requiring corrective measures to be implemented by the air traffic service providers. These corrective measures may include, where objectively necessary, a requirement for an air traffic service provider to delegate the provision of the relevant services to ano. National supervisory authority shall – on an annual basis - report to the Agency acting as PRB on achievement of performance targets by the designated air traffic service providers for the purpose of the regular reports referred to in the first subparagraph. Where performance targets are not reached or the performance plan is not correctly implemented, the national supervisory authority shall issue decisions requiring corrective measures to be implemented by ther air traffic service providers. Where the performance targets continue to be missed, or where the performance plan continues to be incorrectly implemented or where corrective measures imposed are not or not properly applied, the Agency acting as PRB shall, in cooperation with national supervisory authority, conduct an investigation and provide an opinion to the Commission in accordance with Article 24(2). The Commission may take action in accordance with Article 24(3).
2021/02/08
Committee: TRAN
Amendment 578 #

2013/0186(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
The draft performance plans shall be adopted after the setting of Union-wide performance targets and before the start of the reference period concerned. They shall contain performance targets for terminal air navigation services in the key performance areas of environment, capacity and cost- efficiency, consistent with the Union-wide performance targets. Those draft performance plans shall take account of the European ATM Master Plan. The draft performance plans shall be made publicly available.
2021/02/08
Committee: TRAN
Amendment 588 #

2013/0186(COD)

Proposal for a regulation
Article 14 – paragraph 3 – introductory part
3. Draft performance plans for terminal air navigation services shall contain performance targets for terminal air navigation services that are consistent with the respective Union-wide performance targets in all key. The draft performance areas andplans shall fulfil the additionalfollowing conditions laid down in the third subparagraph.:
2021/02/08
Committee: TRAN
Amendment 589 #

2013/0186(COD)

Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 – introductory part
Consistency of performance targets for terminal air navigation service with Union-wide performance targets shall be established according to the following criteria:deleted
2021/02/08
Committee: TRAN
Amendment 594 #

2013/0186(COD)

Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 – point a
(a) where breakdown values have been established in conjunction with Union-wide performance targets, comparison of the performance targets contained in the draft performance plan with those breakdown values;deleted
2021/02/08
Committee: TRAN
Amendment 597 #

2013/0186(COD)

Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 – point b
(b) plans shall provide an evaluation of performance improvements over time, for the reference period covered by the performance plan, and additionally for the overall period comprising both the preceding reference period and the reference period covered by the performance plan;
2021/02/08
Committee: TRAN
Amendment 599 #

2013/0186(COD)

Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 – point c
(c) comparison of the planned level of performance of the air traffic service provider concerned with other air traffic service providers being part of the same benchmark group.deleted
2021/02/08
Committee: TRAN
Amendment 601 #

2013/0186(COD)

Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – introductory part
In addition, the draft performance plan must comply with the following conditions:deleted
2021/02/08
Committee: TRAN
Amendment 606 #

2013/0186(COD)

Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – point c a (new)
(ca) description of how the plan and targets within it contribute to the overall objectives of the Single European Sky referred to in Article 1(1).
2021/02/08
Committee: TRAN
Amendment 607 #

2013/0186(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. In the case of a designated air traffic service provider providing both en route air navigation services and terminal air navigation services, the draft performance plan for terminal air navigation services to be submitted to the national supervisory authority shall be the plan subject to a positive decision on the allocation of costs taken by the Agency acting as PRBnational supervisory authority in accordance with the third subparagraph of Article 13(6).
2021/02/08
Committee: TRAN
Amendment 610 #

2013/0186(COD)

Proposal for a regulation
Article 14 – paragraph 6 – introductory part
6. The national supervisory authority shall assess the performance targets for terminal air navigation services and the performance plans according to the criteria and conditions set out in paragraph 3. Where paragraph 5 applies, the national supervisory authority shall base its assessment on the conclusions of the decision taken by the Agency acting as PRB in respect of theconsider its earlier decision on cost allocation of costs.
2021/02/08
Committee: TRAN
Amendment 613 #

2013/0186(COD)

Proposal for a regulation
Article 14 – paragraph 6 – subparagraph 2
Where the national supervisory authority finds that one or several performance targets for terminal air navigation services are not consistent with the Union-wide performance targets or the performance plan does not meet the additional conditions set out in paragraph 3, it shall deny the approval.
2021/02/08
Committee: TRAN
Amendment 618 #

2013/0186(COD)

Proposal for a regulation
Article 14 – paragraph 8 – subparagraph 2
Where the revised draft performance plan submitted in accordance with paragraph 7 is denied because it contains performance targets for terminal air navigation services that are still not consistent with the Union-wide performance targetsconditions described in paragraph 3, the national supervisory authority shall establish performance targets in consistency with the Union-wide performance targets for the designated air traffic service provider concerned, taking into account the findings made in the decision referred to in paragraph 6. The final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets thus established by the national supervisory authority as well as the measures to achieve those targets.
2021/02/08
Committee: TRAN
Amendment 621 #

2013/0186(COD)

Proposal for a regulation
Article 14 – paragraph 8 – subparagraph 3
Where approval of the revised draft performance plan submitted in accordance with paragraph 7 is denied only because it does not comply with the conditions set out in the third subparagraph of paragraph 3, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets contained in the draft performance plan and found to be consistent with the Union-wide performance targets by the national supervisory authority, and shall contain the amendments necessary in view of the conditions the national supervisory authority has found not being met.deleted
2021/02/08
Committee: TRAN
Amendment 625 #

2013/0186(COD)

Proposal for a regulation
Article 14 – paragraph 8 – subparagraph 4
Where approval of the revised draft performance plan submitted in accordance with paragraph 7 is denied because it contains performance targets for terminal air navigation services that are not consistent with the Union-wide performance targets and because, in addition, it does not comply with the conditions set out in the third subparagraph of paragraph 3established by the national supervisory authority, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets established by the national supervisory authority in accordance with the third subparagraph and the measures to achieve those targets and shall contain the amendments necessary in view of the conditions the national supervisory authority has found not being met.
2021/02/08
Committee: TRAN
Amendment 641 #

2013/0186(COD)

Proposal for a regulation
Article 14 – paragraph 10 – subparagraph 2
Where performance targets are not reached or the performance plan is not correctly implemented, the national supervisory authority shall issue decisions requiring corrective measures to be implemented by the air traffic service providers. These corrective measures may include, where objectively necessary, a requirement for an air traffic service provider to delegate the provision of the relevant services to another air traffic service provider. Where the performance targets continue to be missed, or where the performance plan continues to be incorrectly implemented, or where corrective measures imposed are not or not properly applied, the national supervisory authority shallmay request the Agency acting as PRB to conduct an investigation in accordance with Article 24(2), and the Commission may take action in accordance with Article 24(3).
2021/02/08
Committee: TRAN
Amendment 643 #

2013/0186(COD)

Proposal for a regulation
Article 15
Role of the Agency acting as PRB as regards the monitoring of Union-wide performance targets for terminal air 1. on a regular basis establish a Union-wide overview of the performance of terminal air navigation services and of how it relates to Union-wide performance targets. 2. of the overview referred to in point 1, the national supervisory authorities shall notify their reports referred to in Article 14(10) to tArticle 15 deleted navigation services The Agency acting as PRB and shall provide any other information the Agency acting as PRB may request forFor the purpose of those purposes.reparation
2021/02/08
Committee: TRAN
Amendment 664 #

2013/0186(COD)

Proposal for a regulation
Article 17 – paragraph 3
3. Designated air traffic service providers may request permission from the Agency acting as PRB as regards en route air navigation services, or from national supervisory authority concerned as regards terminal air navigation services,national supervisory authority to revise one or several performance targets during a reference period. Such a request can be made where alert thresholds are reached, or where the designated air traffic service providers demonstrate that the initial data, assumptions and rationales underpinning the performance targets are to a significant and lasting extent no longer accurate due to circumstances that were unforeseeable at the time of the adoption of the performance plan.
2021/02/08
Committee: TRAN
Amendment 667 #

2013/0186(COD)

Proposal for a regulation
Article 17 – paragraph 4
4. The Agency acting as PRB as regards en route air navigation services, or the national supervisory authority concerned as regards terminal air navigation services,national supervisory authority concerned shall authorise the designated air traffic service provider concerned to proceed with the intended revision only if it is necessary and proportionate, and wheren en route services are concerned where it is demonstrated that the revised performance targets ensure thatare consistencyt with the Union-wide performance targets is maintainedto the maximum extent possible. Where the revision has been authorised, designated air traffic service providers shall adopt new draft performance plans, in accordance with the procedures set out in Articles 13 and 14.
2021/02/08
Committee: TRAN
Amendment 671 #

2013/0186(COD)

Proposal for a regulation
Article 18 – paragraph 1
For the implementation of the performance scheme, the Commission shall adopt detailed requirements and procedures in respect of Articles 10(2), 10(3), 11, 12, 13, 14, 15, 16 as well as 17, in particular as regards the development of draft performance plans, the setting of performance targets, the criteria and conditions for their assessment, the methodology for allocation of costs between en route and terminal air navigation services, the monitoring of performance and issuance of corrective measures, the revision of performance plans and targets and the timetables for all procedures. Those requirements and procedures shall be set out in an implementing act adopted in accordance with the advisoryexamination procedure referred to in Article 37(23).
2021/02/08
Committee: TRAN
Amendment 678 #

2013/0186(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. Without prejudice to the possibility for Member States to finance the provision of air trafficnavigation services covered in this Article through public funds, charges for air navigation services shall be determined, imposed and enforced on airspace users.
2021/02/08
Committee: TRAN
Amendment 679 #

2013/0186(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. Charges shall be based on the costs of air traffic service providers in respectcurred either directly or indirectly in relation to the provision of services and functions delivered for the benefit ofto or ultimately beneficial for airspace users over fixed reference periods as defined in Article 10(2). Those costs may include a reasonable return on assets to contribute towards necessary capital improvements.
2021/02/08
Committee: TRAN
Amendment 681 #

2013/0186(COD)

Proposal for a regulation
Article 19 – paragraph 3
3. Charges shall encourage the safe, efficient, effective and sustainable provision of air navigation services with a view to achieving a high level of safety and cost-efficiency and meeting the performance targets and they shall stimulate integrated service provision, whilst reducing the environmental impact of aviation.
2021/02/08
Committee: TRAN
Amendment 685 #

2013/0186(COD)

Proposal for a regulation
Article 19 – paragraph 5
5. Revenues from charges imposed on airspace users in accordance with this Article shall not be used to finance terminal air navigation services which are provided under market conditions in accordance with Article 8.
2021/02/08
Committee: TRAN
Amendment 688 #

2013/0186(COD)

Proposal for a regulation
Article 19 – paragraph 6
6. Financial data on determined costs, and actual costs and revenues of designated air traffic service providers shall be reported to national supervisory authorities and the Agency acting as PRB andwhen en-route services are concerned to the Agency acting as PRB. Without prejudice to protection of confidential or sensitive data, including data on services provided under market conditions, this information on costs shall be made publicly available.
2021/02/08
Committee: TRAN
Amendment 692 #

2013/0186(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point a
(a) costs incurred by the air traffic service providers for fees and charges and annual contributions paid to the Agency acting as PRB;
2021/02/08
Committee: TRAN
Amendment 695 #

2013/0186(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point b
(b) costs or parts thereof incurred by the air traffic service providers, in relation to their oversight and certification by national supervisory authorities, unless other financial resources are used by Member States to cover such costs;
2021/02/08
Committee: TRAN
Amendment 696 #

2013/0186(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point c a (new)
(ca) costs of Eurocontrol, unless other financial resources are used by Member States to cover these costs.
2021/02/08
Committee: TRAN
Amendment 701 #

2013/0186(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. Determined costs shall not include the costs of penalties imposed by Member States referred to in Article 42 nor the costs of any corrective measures referred to in Article 13(11) and Article 14(10).
2021/02/08
Committee: TRAN
Amendment 706 #

2013/0186(COD)

Proposal for a regulation
Article 20 – paragraph 6
6. Designated air traffic service providers shall provide details of their cost base to the Agency acting as PRB, the national supervisory authorities, and the Commission and, when en route services are concerned, to the Agency acting as PRB. To this end, costs shall be broken down in line with the separation of accounts referred to in Article 25(3), and by distinguishing staff costs, operating costs other than staff costs, depreciation costs, cost of capital, costs incurred for fees and charges paid to the Agency acting as PRB,referred to in Article 20(3) and exceptional costs.
2021/02/08
Committee: TRAN
Amendment 711 #

2013/0186(COD)

Proposal for a regulation
Article 21 – paragraph 2 – introductory part
2. Unit rates shall be set by the national supervisory authorities, after verification by the Agency acting as PRB that they comply with Article 19, Article 20 and with this Article. Where the Agency acting as PRB finds that a unit rate does not fulfill those requirements, the unit rate shall be reviewed accordingly by the national supervisory authority concerned. Where a unit rate continues to not fulfill those requirements, the Agency acting as PRB shall conduct an investigation and provide an opinion to the Commission in accordance with Article 24(2), and the Commission may take action in accordanceMember States, where applicable in line with the EUROCONTROL Multilateral Agreement relating to Route Charges and in compliance with Article 19, Article 20 and with this Article 24(3).
2021/02/09
Committee: TRAN
Amendment 715 #

2013/0186(COD)

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
For charging purposes, and when congestion causes significant network problems including deterioration of environmental performance, the Commission may define, by way of an Implementing Regulation adopted in accordance with the examination procedure referred to in Article 37(3), a common unit rate for en route air navigationtraffic services across the Single European Sky airspace, and detailed rules and procedures for its application. In order to assess the impact on the traffic forecast of each original charging zones and the impact on the total number of service units, an ex-ante impact assessment shall be conducted prior to the concept of a common unit rate being proposed by the Commission in accordance with the preceding subparagraph. The Commission shall also conduct consultation with stakeholders before any draft implementing regulation is presented in accordance with the preceding subparagraph. The common unit rate referred to in the first subparagraph shall be calculated on the basis of a weighted average of the different unit rates of the air navigationtraffic service providers concerned. The proceeds of the common unit rate shall be reallocated so as to achieve revenue neutrality for those air traffic service providers concerned.
2021/02/09
Committee: TRAN
Amendment 722 #

2013/0186(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. The charge for en route air navigation services for a given flight in a given en route charging zone shall be calculated on the basis of the unit rate established for that en route charging zone and the en route service units for that flight. The charge shall be made out of one or more variable components, each based on objective factors.
2021/02/09
Committee: TRAN
Amendment 727 #

2013/0186(COD)

Proposal for a regulation
Article 22 – paragraph 3
3. The charge for terminal air navigation services for a given flight in a given terminal charging zone shall be calculated on the basis of the unit rate established for that terminal charging zone and the terminal service units for that flight. For the purpose of calculating the charge for terminal air navigation services, the approach and departure of a flight shall count as a single flight. The charge shall be made out of one or more variable components, each based on objective factors.
2021/02/09
Committee: TRAN
Amendment 736 #

2013/0186(COD)

Proposal for a regulation
Article 22 – paragraph 5
5. CFollowing consultation with stakeholders, charges shallmay be modulated to encourage air navigation service providers, airports and airspace users to support improvements in environmental performance, or service quality such as increased use of sustainable alternative fuels, increased capacity, reduced delays and sustainable development, while maintaining an optimum safety level, in particular for implementing the European ATM Master Plan. The modulation shall consist of financial advantages or disadvantages and shall be preceded by an analysis confirming how revenue neutrality for air traffic service providers will be ensured.
2021/02/09
Committee: TRAN
Amendment 744 #

2013/0186(COD)

Proposal for a regulation
Article 23 – paragraph 1
For the implementation of the charging scheme, the Commission shall adopt detailed requirements and procedures in respect of Articles 19, 20, 21 and 22 in particular regarding the cost bases and determined costs, the setting of unit rates, the incentives schemes and risk sharing mechanisms and the modulation of charges. Those requirements and procedures shall be set out in an implementing act adopted in accordance with the advisoryexamination procedure referred to in Article 37(23).
2021/02/09
Committee: TRAN
Amendment 749 #

2013/0186(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. TWithout prejudice to the tasks of the national supervisory authorities and the Agency acting as PRB, the Commission shall regularlyprovide for ongoing review theof compliance with Articles 10 to 17 and 19 to 22 and the implementing acts referred to in Articles 18 and 23, by the air traffic service providers and the Member States, as the case may be. The Commission shall act in consultation with the Agency acting as PRB and with national supervisory authorities.
2021/02/09
Committee: TRAN
Amendment 752 #

2013/0186(COD)

Proposal for a regulation
Article 24 – paragraph 2
2. At the request of one or more Member States, of a national supervisory authority or of the Commission, the Agency acting as PRB shall carry out an investigation into any allegation of non- compliance as referred to in paragraph 1 in cases where en route air navigation services are concerned. Where it has indications of such non- compliance, the Agency acting as PRB may initiate an investigation on its own initiative. It shall conclude the investigation within four months of receipt of a request, after having heard the Member State, the national supervisory authority concerned and the designated air traffic service provider concerned. Without prejudice to Article 41(1), the Agency acting as PRB shall share the results of the investigation with the Member States concerned, the air traffic service providers concerned and the Commission. Results of the investigation may be subject to appeal.
2021/02/09
Committee: TRAN
Amendment 760 #

2013/0186(COD)

Proposal for a regulation
Article 25 – paragraph 1
1. ASubject to the protection of confidential information and except where pertaining to air navigation services provided under market conditions in accordance with Article 8, air navigation service providers, independently of their system of ownership or legal structures , shall annually draw up and publish their financial accounts. These accounts shall comply with the international accounting standards adopted by the Union . Where, owing to the legal status of the air navigation service provider, full compliance with the international accounting standards is not possible, the provider shall achieve such compliance to the maximum possible extent. Air navigation service providers shall publish an annual report and regularly undergo an independent audit for the accounts referred to in this paragraph .
2021/02/09
Committee: TRAN
Amendment 763 #

2013/0186(COD)

Proposal for a regulation
Article 25 – paragraph 2
2. National supervisory authorities and the Agency acting as PRB shall have the right to access the accounts of the air navigation service providers under their supervision. Access to these accounts shall be granted to the Agency acting as PRB in cases where demonstrably necessary for carrying out its tasks, subject to prior consent from the national supervisory authority concerned. Member States may decide to grant access to these accounts to other supervisory authorities.
2021/02/09
Committee: TRAN
Amendment 766 #

2013/0186(COD)

Proposal for a regulation
Article 25 – paragraph 3 – introductory part
3. AWithout prejudice to Article 46(2), air navigation service providers shall , in their internal accounting, keep separate accounts for each air navigation service as they would be required to do if these services were carried out by separate undertakings with a view to avoiding discrimination, cross-subsidisation in accordance with Article 20(5), and distortion of competition. An air navigation service provider shall also keep separate accounts for each activity where:
2021/02/09
Committee: TRAN
Amendment 769 #

2013/0186(COD)

Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 1
The determined costs, actual costs and revenues deriving from air navigation services shall be broken down into staff costs, operating costs other than staff costs, depreciation costs, cost of capital, costs incurred for fees and charges paid to Agency acting as PRB, and exceptional costs and they shall be made publicly available, subject to the protection of confidential information.deleted
2021/02/09
Committee: TRAN
Amendment 773 #

2013/0186(COD)

Proposal for a regulation
Article 25 – paragraph 4
4. The financial data on costs and revenues reported in accordance with Article 19(6) and other information relevant for the calculation of unit rates shall be audited or verified by the national supervisory authority or an entity independent of the air navigation service provider concerned and approved by the national supervisory authority. The conclusions of the audit shall be made publicly availablereported by the national supervisory authority to the air navigation service provider, the Member State concerned and – where en route services are concerned – to the Agency acting as PRB.
2021/02/09
Committee: TRAN
Amendment 783 #

2013/0186(COD)

Proposal for a regulation
Article 26 – paragraph 1
1. The air traffic management network functions shall ensure the sustainable and efficient use of the airspace and of scarce resources. and They shall also ensure that airspace users can operate environmentally optimal trajectories, while allowing maximum access to airspace and air navigation services. Those network functions , enumerated in paragraphs 2 and 3, shall support the achievement of the Union-wide performance targets and shall be based on operational requirements and aimed at supporting initiatives at regional and local level and shall be executed in a manner which respects the separation of regulatory and operational tasks.
2021/02/09
Committee: TRAN
Amendment 786 #

2013/0186(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. The network functions referred to in paragraph 1 include the following: (a) European airspace structures ; (b) (c) resources within aviation frequency bands used by general air traffic, in particular radio frequencies as well as coordination of radar transponder codes.deleted the design and management of the air traffic flow management; the coordination of scarce
2021/02/09
Committee: TRAN
Amendment 793 #

2013/0186(COD)

Proposal for a regulation
Article 26 – paragraph 3 – introductory part
3. The network functions referred to in paragraph 1 also include the following:
2021/02/09
Committee: TRAN
Amendment 796 #

2013/0186(COD)

Proposal for a regulation
Article 26 – paragraph 3 – point a
(a) the design of the European airspace structures as well as optimisation of airspace design for the network and facilitation of delegation of air traffic services provision through co- operation with the air traffic service providers and Member State authorities;
2021/02/09
Committee: TRAN
Amendment 800 #

2013/0186(COD)

Proposal for a regulation
Article 26 – paragraph 3 – point b
(b) managementfacilitation of the delivery of air traffic control capacity in the network as set out in the binding Network Operations Plan (NOP);
2021/02/09
Committee: TRAN
Amendment 805 #

2013/0186(COD)

Proposal for a regulation
Article 26 – paragraph 3 – point d
(d) air traffic flow andmanagement extended to capacity management service;
2021/02/09
Committee: TRAN
Amendment 808 #

2013/0186(COD)

Proposal for a regulation
Article 26 – paragraph 3 – point e
(e) the management ofcontributing to the planning, monitoring and coordination of implementation activities of the deployment of infrastructure in the European ATM networknecessary for the execution of the network functions, in accordance with the European ATM Master Plan, taking into account operational needs and associated operational procedures through a partnership led by operational stakeholders;
2021/02/09
Committee: TRAN
Amendment 812 #

2013/0186(COD)

Proposal for a regulation
Article 26 – paragraph 3 – point f a (new)
(fa) the coordination of scarce resources within aviation frequency bands used by general air traffic, in particular radio frequencies as well as coordination of radar transponder codes.
2021/02/09
Committee: TRAN
Amendment 818 #

2013/0186(COD)

Proposal for a regulation
Article 26 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 to amend this Regulation in order to add functions to the ones listed in paragraphs 2 and 3, where necessary for the functioning and performance of the network.
2021/02/09
Committee: TRAN
Amendment 821 #

2013/0186(COD)

Proposal for a regulation
Article 26 a (new)
Article 26a Cooperative decision-making 1. Network functions set out in article 26 shall be executed through a cooperative decision making involving all the relevant actors, in particular operational stakeholders – air traffic service providers, air navigation services providers, Network Manager and – when necessary – airport operators and airspace users. Cooperative decision-making should, to the maximum possible extent, aim at improving the functioning and performance of the network. 2. To the extent defined in the implementing regulation referred to in article 26(5) and when a decision could not be reached, cooperative decision making shall also involve Member States. 3. With respect to the provisions of this regulation and principles established by the Commission in the implementing regulation referred to in article 26(5) Network Manager shall coordinate development of cooperative decision- making processes. 4. Unless otherwise provided for in this regulation or in the implementing regulation referred to in article 26(5), all the decisions related to the execution of the network functions, regardless of its form or nature, shall be taken through cooperative decision making process.
2021/02/09
Committee: TRAN
Amendment 823 #

2013/0186(COD)

Proposal for a regulation
Article 27 – paragraph 1
1. In order to achieve the objectives referred to in Article 26, the Commission, supported by the Agency where relevant, shall ensure that the Network Manager contributes to the execution of the network functions set out in Article 26, by carrying out the tasks referred to in paragraph 4 . The execution of Network Manager tasks shall be measured by clear specification of the required services and performance, including appropriate agreements, such as service level agreements between the Commission and the Network Manager and between the operational stakeholders and the Network Manager regarding tasks and quality of service and conditions.
2021/02/09
Committee: TRAN
Amendment 832 #

2013/0186(COD)

Proposal for a regulation
Article 27 – paragraph 3
3. The tasks of the Network Manager shall be executed in an independent, impartial and cost efficient manner . They shall be subject to appropriate governance, which shall recognise separate accountabilities for the service provision and regulation where the competent body designafrom any other activities performed by the entity appointed as the Network Manager also has regulatory functions. In the execution of its tasks, the Network Manager shall take into consideration the needs of the whole ATM network and shall fully involve the airspace users, air navigation service providers , aerodrome operators and the military.
2021/02/09
Committee: TRAN
Amendment 836 #

2013/0186(COD)

Proposal for a regulation
Article 27 – paragraph 4
4. The Network Manager shall contribute to the execution of the network functions through support measures aimed at safe and efficient planning and operations of the operational stakeholders within the network under normal and crisis conditions and through measures aimed at the continuous improvement of network operations in the Single European Sky and the overall performance of the network, especially regarding the implementation of the performance scheme. The action taken by the Network Manager shall take account of the need to fully integrate the airports in the network.
2021/02/09
Committee: TRAN
Amendment 847 #

2013/0186(COD)

Proposal for a regulation
Article 27 – paragraph 6 – point a
(a) decidepropose in coordination with the operational stakeholders on individual measures to implement the network functions and to support the effective implementation of the binding Network Operations Plan and the achievement of the binding performance targets;
2021/02/09
Committee: TRAN
Amendment 850 #

2013/0186(COD)

Proposal for a regulation
Article 27 – paragraph 6 – point b
(b) advise, within the framework of the cooperation with operational stakeholders, the Commission and provide relevant information to the Agency acting as PRB on the deployment of the ATM network infrastructure in accordance with the European ATM Master Plan,monitoring of the infrastructure necessary for the execution of the network functions in particular to identify investments necessary for the network.
2021/02/09
Committee: TRAN
Amendment 860 #

2013/0186(COD)

Proposal for a regulation
Article 27 – paragraph 9
9. Aspects of design of airspace structures other than those referred to in paragraphs 2 and 3 of Article 26 shall be addressed by Member States. In this regard, Member States shall take into account air traffic demands, seasonality and complexity of air traffic and of performance plans. Before deciding on those aspects, they shall consult and they shall take under due consideration needs of airspace users concerned or groups representing such airspace users and military authorities as appropriate.
2021/02/09
Committee: TRAN
Amendment 864 #

2013/0186(COD)

Proposal for a regulation
Article 29 – paragraph 1
The air traffic service providers shall establish consultation mechanisms to consult the relevant airspace users and aerodrome operators on all major issues related to services provided, including relevant changes to airspace configurations, or strategic investments which have a relevant impact on air traffic management and air navigation service provision and/or charges. The airspace users shall also be involved in the process of approving strategic investment plans. The Commission shall adopt measures detailing the modalities of the consultation and of the involvement of airspace users in approving investment plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37 (3).
2021/02/09
Committee: TRAN
Amendment 875 #

2013/0186(COD)

Proposal for a regulation
Article 31 – paragraph 2
2. Prices for the service referred to in paragraph 1 shall be based on the marginal cost of making the data available.deleted
2021/02/09
Committee: TRAN
Amendment 888 #

2013/0186(COD)

Proposal for a regulation
Article 35 – paragraph 1
1. The Commission may set up common projects for implementing the essential operational changes identified in the European ATM Master Plan havingwhich: a) have a network-wide impact. ; b) require synchronised implementation of multiple operational stakeholders in order to achieve timely performance benefits; c) reached sufficient maturity; and d) aim to enable interoperable capabilities in all Member States.
2021/02/09
Committee: TRAN
Amendment 889 #

2013/0186(COD)

Proposal for a regulation
Article 35 – paragraph 2
2. The Commission may also establish governance mechanisms for common projects and their implementation.deleted
2021/02/09
Committee: TRAN
Amendment 896 #

2013/0186(COD)

Proposal for a regulation
Article 35 – paragraph 4
4. The Commission shall establish the common projects and governance mechanisms referred to in paragraphs 1 and 2 through implementing acts adopted in accordance with the examination procedure referred to in Article 37(3).
2021/02/09
Committee: TRAN
Amendment 897 #

2013/0186(COD)

Proposal for a regulation
Article 35 a (new)
Article 35a European Deployment and Infrastructure Management 1. In order to achieve a Union-wide coordinated approach for the deployment of European ATM infrastructure identified in the European ATM Master Plan, the Commission shall establish the European Deployment and Infrastructure Management function. 2. The European Deployment and Infrastructure Management function shall carry out the following tasks in accordance with the ATM Master Plan: a) planning, monitoring and coordinating implementation activities of the deployment of European ATM infrastructure, taking into account operational needs and associated operational procedures, including common projects referred to in Article 35; b) advise the Commission and provide information to the PRB on the deployment of European ATM Infrastructure, in particular to identify investments necessary for the implementation of common projects referred to in Article 35. 3. The Commission may select an aggregation of operational stakeholders’ groupings to perform the European Deployment and Infrastructure Management function. The selection shall take the form of an award of a framework partnership following a call for proposals in accordance with Article 130 of Regulation (EU, Euratom) No 2018/1046. 4. The Commission shall establish detailed rules for the execution and tasks of the European Deployment and Infrastructure Management function referred to in paragraphs 1 and 2, including governance mechanisms and decision-making processes, through implementing acts adopted in accordance with the examination procedure referred to in Article 37(3). 5. For the purpose of the European Deployment and Infrastructure Management function operational stakeholders shall be understood as civil and military airspace users, air navigation service providers, airport operators, and the Network Manager.
2021/02/09
Committee: TRAN
Amendment 925 #

2013/0186(COD)

Proposal for a regulation
Article 46 – paragraph 2 – introductory part
2. Article 3(3) shall apply from [OP please insert the date - 48and article 25(3) shall apply from [XY months after the entry into force of this Regulation to become applicable as from 1 January 2025].
2021/02/09
Committee: TRAN