Activities of Michał BONI

Recital I

I. whereas Japan has recently modernised and strengthened its data protection legislation to align it with international standards, in particular with the safeguards and individual rights provided by the new European data protection legislative framework; whereas the Japanese data protection legal framework is composed of various pillars, with the Act on Protection of Personal Information (APPI) being the central piece of legislation;

2018/11/26
Committee: LIBE

2018/2904(RSP)

Recital J

J. whereas ~~the Commission reports that~~ with a view to facilitat~~ing~~e international data transfers, the ~~Cabine~~government of Japan adopted a Cabinet Decision on 12 June 2018 that delegates to the independent Personal Information Protection Commission (PPC), as the authority competent for administering and implementing the APPI, ‘the power to take the necessary action to bridge differences of the systems and operations between Japan and the concerned foreign country based on Article 6 of the Act in view of ensuring appropriate handling of personal information received from such country’; whereas this decision stipulates that this includes the power to establish enhanced protections through the adoption by the PPC of stricter rules supplementing and going beyond those laid down in the APPI and the Cabinet Order; whereas pursuant to this decision, these stricter rules would be binding and enforceable on Japanese business operators; whereas the Commission has ~~not~~so far only provided the text of this decision as part of the elements on which it has based its evaluation to the EDPB but not to the Parliament;

2018/11/26
Committee: LIBE

2018/2904(RSP)

Recital K

K. whereas the ~~draft Commission implementing decision~~PPC, pursuant to Article 6 onf the ~~adequate protection of personal data by Japan is accompanied by, as Annex I thereto, the~~APPI which explicitly empowers it to establish stricter rules, adopted Supplementary Rules ~~adopted by the PPC~~ on 15 June 2018, which ~~are based on Article 6 of the APPI, which explicitly allows the PPC to adopt stricter rules, including for the purpo~~provide for a higher level of protection of personal data received from the EU based o~~f facilitating international data transfers; whereas the vers~~n an adequacy decision; whereas an English translation of these Supplementary Rules, which was provided byto the Commission ~~does not bear any official signature of the PPC; whereas the Supplementary Rules are not available on the official PPC website~~by the PPC and subsequently verified by the Commission services, is annexed to the Commission draft implementing decision on the adequate protection of personal data; whereas the Japanese authorities intend to make the Rules available on the official PPC website upon the adoption of the adequacy decision by the Commission;

2018/11/26
Committee: LIBE

2018/2904(RSP)

Recital M

M. whereas ~~the Commission states that~~it is explicitly stated in the Supplementary Rules ~~would b~~that they are legally binding on any personal information- handling business operator which receives personal data transferred from the EU on the basis of an adequacy decision and that any such business is therefore required to comply with those rules and any related rights and obligations, and that theyse rules would be enforceable by both the PPC and the Japanese courts; ~~whereas some Japanese experts question whether the Supplementary Rules are binding;~~

2018/11/26
Committee: LIBE

2018/2904(RSP)

Recital O

O. whereas the Japanese data protection legal framework makes a distinction between ‘personal information’ and ‘personal data’ and refers, for some cases, to a specific category of personal data, namely ‘retained personal data’; whereas this distinction differs from the notion of ‘personal data’ under the GDPR but these differences are, to the extent that they are relevant in the context of international transfers, fully addressed by the Supplementary Rules;

2018/11/26
Committee: LIBE

2018/2904(RSP)

Recital P

P. whereas, according to Article 2(1) of the APPI, the concept of ‘personal information’ includes any information relating to a living individual which enables the identification of that individual; whereas the definition distinguishes two categories of personal information: (i) individual identification codes, and (ii) other personal information whereby a specific individual can be identified; whereas the latter category includes information which by itself does not enable identification but can, when ‘readily collated’ with other information, allow the identification of a specific individual; whereas according to the PPC guidelines the situation and the efforts required, inter alia in terms of time and cost, have to be assessed for each individual case and therefore, the approach is similar to that under the GDPR;

2018/11/26
Committee: LIBE

2018/2904(RSP)

Recital Q

Q. whereas, according to Article 2(64) of the APPI, ‘personal data’ means personal information constituting a personal information database, etc., whereby Article 2(1) of the APPI specifies that the information in such databases is systematically arranged, which is similar to the concept of a filing system under Article 2(1)of the GDPR; whereas according to Article 4(1) of the GDPR, ‘personal data’ means any information relating to an identified or identifiable natural person; whereas an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data or an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; whereas in order to determine whether a natural person is identifiable, account should be taken of all the means reasonably likely to be used, such as singling out, either by the controller or by another person, to identify the natural person directly or indirectly;

2018/11/26
Committee: LIBE

2018/2904(RSP)

Recital R

R. whereas, according to Article 2(7) of the APPI, ‘retained personal data’ means personal data which a personal information-handling business operator has the authority to disclose, correct, add or delete the contents of, cease the utilisation of, erase, or cease the third-party provision of, and which shall be neither those prescribed by cabinet order as likely to harm the public or other interests if their presence or absence is made known, nor those set to be deleted within a period of no longer than one year that is prescribed by cabinet order; whereas the Supplementary Rules align the notion of 'retained personal data' with the notion of 'personal data' to ensure that certain limitations to individual rights attached to the former will not apply to data transferred from the EU;

2018/11/26
Committee: LIBE

2018/2904(RSP)

Recital S

S. whereas the Japanese data protection law which is the object of the draft implementing decision excludes from its scope several sectors when they process personal data for specific purposes~~, as well as personal data that are not part of an electronic filing system (i.e. manual filing systems)~~; whereas the draft implementing decision would not apply to the transfer of personal data from the EU to a recipient falling within any of the above-mentioned exceptions provided for by Japanese data protection law;

2018/11/26
Committee: LIBE

2018/2904(RSP)

Recital V

V. whereas the discussions and assessment of the Japanese data protection legislation have been conducted on the basis of English translations of the Japanese acts provided by the Japanese authorities~~, with the Japanese language version remaining the official/authentic tex~~ that have been systematically verified by the Commission's translation services to ensure legal certainty, with the Japanese language version remaining the official/authentic text due to the fact that Japanese is the official language of Japan while English is not; whereas the publicly available English version of the ~~main data protection act (the~~ APPI) bears the notice that it is a tentative translation which has not been checked either by a native English speaker or by a legal language editor~~, and thus may be subject to change, being presented for non-Japanese speakers’ ease of understanding and reference~~; whereas several other Japanese legal references made in the draft implementing decision to demonstrate the adequacy of the data protection framework concern texts that are not publicly available in English;

2018/11/26
Committee: LIBE

2018/2904(RSP)

Paragraph 4

4. Points out that, in this regard, the European Court of Justice (ECJ) ruled in the Schrems case that ‘even though the means to which that third country has recourse, in this connection, for the purpose of ensuring such a level of protection may differ from those employed within the European Union in order to ensure that the requirements stemming from Directive 95/46 [the GDPR] read in the light of the Charter are complied with, those means must nevertheless prove, in practice, effective in order to ensure protection essentially equivalent to that guaranteed within the European Union’; recalls that the notion of 'essential adequacy' as defined by the ECJ does not require the rules of the third country to be identical to the European rules;

2018/11/26
Committee: LIBE

2018/2904(RSP)

Paragraph 5

5. Notes that the right to privacy and to the protection of personal data is guaranteed at constitutional level both in Japan and in the EU, but that a complete alignment of the rules of the EU and Japan will not be possible given the differences in constitutional structure, legal traditions as well as culture and associated societal choices;

2018/11/26
Committee: LIBE

2018/2904(RSP)

Paragraph 7

7. Notes that the material scope of the adequacy finding is not sufficiently defined in Article 1 of the draft implementing decision, owing to the fact that the APPI excludes from its material scope several categories of business and processing activities; calls on the Commission to provide further and detailed clarifications on the impact of such exclusions on EU personal data transferred to Japan, and to clearly specify in Article 1 of the draft implementing decision which transfers of EU personal data are covered by the adequacy decision, indicating that for transfers of personal data by manual processing, the processing operations concerned would have to be covered where they are subject to further electronic processing in Japancategories of business and processing activities that are excluded from the material scope of the APPI have been expressly excluded from the scope of the Adequacy finding;

2018/11/26
Committee: LIBE

2018/2904(RSP)

Paragraph 10

10. Notes that no official English translation of the Supplementary Rules had been made publicly available before the Commission’s announcement of the draft adequacy decision on 17 July 2018; ~~stresses the importance of (draft) third- country legislation being publicly available in official English translation before any draft a~~notes however that the official version has been made available in September, when the negotiations for the Adequacy dDecision~~s based on the documents concerned can be announced; calls on the Commission to put forward draft adequacy decisions for third countries only after a~~ were concluded; stresses the importance of (draft) third-country legislation being publicly available in official English translation ~~of the ke~~before any (draft~~) legislation in the third country has been made publicly available and after the translated documents have been shared with stakeholders, in order to ensure legal certainty and~~ adequacy decisions based on the documents concerned can be announced in order to ensure transparency;

2018/11/26
Committee: LIBE

2018/2904(RSP)

Paragraph 11

11. Requests the Commission to provide clarifications from independent Japanese experts clearly demonstrating the legally binding effect on Japanese business operators of the Supplementary Rules, given that the Commission has considered this necessary in order to ensure an adequate level of protection, as well as the Rules’ enforceable character, i.e. that they can be enforced both by the PPC and by the courts referred to in Annex I to the draft implementing decision;deleted

2018/11/26
Committee: LIBE

2018/2904(RSP)

Paragraph 13

13. Considers that as the additional protections of the Supplementary Rules cover only transfers under adequacy decisions, personal data transferred from the EU pursuant to any other GDPR basis (i.e. Articles 46 to 49), w~~ould not benefit from those protections; believes this would create a different level of protection for EU citizens, thus undermining the other mechanisms that can be used to transfer personal data~~hich foresee inter alia safeguards such as oversight by EU DPAs, will apply only in limited cases once the adequacy decision is in place; recalls that in view of the scope of the adequacy decision, some data transfers will be conducted under these other available mechanisms;

2018/11/26
Committee: LIBE

2018/2904(RSP)

Paragraph 14

14. Acknowledges that the additional protections stipulated in the Supplementary Rules are limited to personal data transferred from Europe and therefore do not seem applicable to Japanese personal data or to personal data transferred from other third countries, hence creating practical problems for business operators who have to simultaneously process Japanese and European personal data, forcing them to create dual databases and procedures; invites the Commission to assess whether this dual degree of protectio, hence business operators who have to simultaneously process Japanese and European personal data will be obliged to comply with the Supplementary Rules, by ensuring e.g. technical ("tagging") or organisational means (e.g. storing in a dedicated database) in for ~~Japanese and third-country data subjects is in line with the GDPR requirements and the ‘essential equivalence’ standard set by the Court of Justice and to assess if~~der to be able to identify such personal data throughout their "life cycle"; calls on the Commission to monitor thise situation ~~might lead to a~~to prevent potential loopholes whereby operators circumvent the obligations laid down in the Supplementary Rules by transferring data via third countries; ~~calls on the Commission, therefore, to address these issues as soon as possible;~~

2018/11/26
Committee: LIBE

2018/2904(RSP)

Paragraph 15

15. Notes that the definition of ‘personal data’ in the APPI excludes data ‘prescribed by cabinet order as having little possibility of harming an individual’s rights and interests considering their utilisation method’; ~~is concerned that this harm-based approach is in clear contradiction with the EU approach under which all processing of personal data falls with~~recalls however that this exception concerns very limited situations and is further specified in Article 3(1) of the Cabinet Order, according to which strict cumulative conditions must be fulfilled; notes that according to the explanations the Commission received from the PPC, this circumscribed exception was introduced with the aim of excluding t~~he scope of data protection law;~~ elephone books or similar type of directories;

2018/11/26
Committee: LIBE

2018/2904(RSP)

Paragraph 16

16. Notes further that the definition of ‘personal information’ in the APPI ~~is limited to~~covers all information ‘whereby a specific individual can be identified’; ~~also~~ notes therefore that this definition ~~does not include the clarification provided by the GDPR~~is in line with the GDPR which foresees that personal information should also be considered personal data when it can be merely used to ‘single out’ a person, as ~~clearly~~ established by the European Court of Justice;

2018/11/26
Committee: LIBE

2018/2904(RSP)

Paragraph 17

17. Is concerned that the narrower definition of ‘personal data’ (based on the definition of ‘personal information’) in the APPI might not meet the standard of being ‘essentially equivalent’ to the GDPR and to the case law of the European Court of Justice; questions, therefore, the statement in the draft implementing decision that ‘EU data will always fall into the category of “personal data” under the APPI’; calls on the Commission to closely monitor the practical implications of the different concepts in the course of the application of the adequacy decision and its periodic review;

2018/11/26
Committee: LIBE

2018/2904(RSP)

Paragraph 18

18. Calls on the Commission ~~to require further clarifications, including further binding s~~and the Japanese authorities to monitor the application of the Supplementary rRules~~, from the Japanese authorities in order~~ to ensure that all personal data in the meaning of the GDPR are protected when transferred to Japan from the EU;

2018/11/26
Committee: LIBE

2018/2904(RSP)

Paragraph 19

19. Notes with concern that as regards automated decision-making and profiling, differently from EU law, neither the APPI nor the Guidelines contain legal provisions, and that only certain sectoral rules address this matter, without providing a comprehensive overall legal framework with substantial and strong protections against automated decision-making and profiling; recalls ~~on the Commission to demonstrate how this is addressed in the Japanese data protection framework in such a way as to ensure an equivalent level of protection; considers that this is especially~~however that these sectoral rules concern the sectors in which such type of processing is most relevant ~~give~~in the ~~recent Facebook/Cambridge Analytica profiling cases~~context of international transfers, such as the financial sector;

2018/11/26
Committee: LIBE

2018/2904(RSP)

Paragraph 21

21. Considers that regarding onward transfers, ~~although~~ the combination of the APPI rules and the Supplementary Rules would ensure a level of protection higher than that provided under the APEC CBPR,; notes that the solution provided in the Supplementary Rules, which consists of requiring prior consent on the part of EU data subjects for approval of onward transfer to a third party in a foreign country lacks certain essential elements that would enable data subjects to formulate their consent, as it does not expressly define what is covered by the notion of ‘information on the circumstances surrounding the transfer necessary for the [data subject] to make a decision on his/her consent’, in line with Article 13 of the GDPR, such as the third country of destination of the onward transfer; notes that in addition, the draft implementing decision does not explain t, requires that the data subject is provided information on the fact that his/her data is being transferred to a third country and which is the country of destination in order to be able to express his/her conse~~quences for the data subject in case of refusal of consent for onward transfer of his or her personal data~~nt in an informed manner, in line with Article 13 of the GDPR;

2018/11/26
Committee: LIBE

2018/2904(RSP)

Paragraph 22

22. Calls on the Commission to further assess and demonstrate whether the independence of the PPC fully complies with the requirements developed through the case law of the European Court of Justice and reflected in the GDPRNotes that the independence of the PPC is guaranteed by the APPI and is subject to safeguards as regards inter alia the appointment and dismissal of its members;

2018/11/26
Committee: LIBE

2018/2904(RSP)

Paragraph 23

23. ~~Regret~~Notes that, as regards effective enforcement of the APPI, the level of possible fines that would be imposed by the penal authorities is ~~insufficient to ensure effective compliance with the Act, as it does not seem to be proportionate, effective or dissuasive in relation to the gravity of~~significantly lower than under the GDPR; notes, however, that the APPI provides for other types of sanctions not required by the GDPR, such as criminal sanctions, which are an equivalent deterrent; recalls theat in~~fringement; calls~~ accordance with the case law onf the ~~Commission to ensure that the level of fines should be aligned with the GDPR~~European Court of Justice ‘essential adequacy’ does not require the rules of the third country to be identical to the European rules;

2018/11/26
Committee: LIBE

2018/2904(RSP)

Paragraph 24

24. ~~Regrets that there is no independent authority overseeing~~Takes note that while the PPC has no oversight of the data processing activities of the law enforcement sector~~; points out that the PPC has no competence over this~~, other supervision mechanisms exist, including oversight by the independent Prefectural Public Safety Commission; notes that the Information Disclosure and Personal Information Protection Review Board has also some competences in this field, including reviewing access requests and publishing opinions, but points out that these powers are not legally binding; welcomes that the EU and Japan have agreed to put in place a specific redress mechanism, administered and supervised by the PPC, which will apply to the processing of personal data in law enforcement and national security sectors;

2018/11/26
Committee: LIBE

2018/2904(RSP)

Paragraph 25

25. Notes that under the Japanese Act on the Protection of Personal Information held by Administrative Organs (APPIHAO), business operators can also hand data over to law enforcement authorities on a ‘voluntary basis’~~; points out that this is not foreseen in the GDPR or the Police Directive and is concerned that it might not be compliant with the standard of being ‘essentially equivalent’ to the GDPR~~, subject to adequate conditions, limitations and safeguards, such as inter alia a proportionality test;

2018/11/26
Committee: LIBE

2018/2904(RSP)

Paragraph 26

26. Is aware of media reports about the Japanese Directorate for Signals Intelligence (DFS), ‘which employs about 1 700 people and has at least six surveillance facilities that eavesdrop around the clock on phone calls, emails, and other communications’6 ~~; is worri~~, and is the intelligence agency of the Japanese military forces whose main task is to monitor among others radio and satellite communications of hostile military forces; is concerned that this element of indiscriminate mass surveillance is not ~~even~~ mentioned in the draft implementing decision; calls on the Commission to provide more information about Japanese mass surveillance; ~~is seriously worried that this mass surveillance will not stand the test of the criteria established by the European Court of Justice in the Schrems judgment;~~ notes however that the Japanese government has rules out any form of mass and indiscriminate collection and access to personal information handled by a business operator following a transfer; _________________ 6 Ryan Gallagher, ‘The Untold Story of Japan’s Secret Spy Agency’, The Intercept, 19 May 2018, https://theintercept.com/2018/05/19/japan- dfs-surveillance-agency/

2018/11/26
Committee: LIBE

2018/2904(RSP)

Paragraph 27

27. ~~Regrets~~Takes note that the document ‘Collection and use of personal information by Japanese public authorities for criminal law enforcement and national security purposes’, which forms part of Annex II to the draft implementing decision, ~~does not have the same legally bi~~foresees putting in place a specific mechanism for handling ~~effect as the Supplementary Rules~~and resolving complaints made by Europeans, which will be administered and supervised by PPC;

2018/11/26
Committee: LIBE

2018/2776(RSP)

Recital C

C. whereas innovative digital solutions for health and care can boost health and quality of life of citizens and enable more efficient ways of organising and delivering health and care services as well as creating new opportunities due to the emergence of new technologies;

2018/10/17
Committee: ENVI

2018/2776(RSP)

Recital D a (new)

D a. whereas digital data generated from devices and software provides opportunities to enhance knowledge and understanding about sickness and disease and to improve medical diagnosis and care;

2018/10/17
Committee: ENVI

2018/2776(RSP)

Recital D b (new)

D b. whereas digital devices and software have been developed to diagnose and treat illness and chronic disease, as well as to facilitate self-management and help people monitor their health;

2018/10/17
Committee: ENVI

2018/2776(RSP)

Recital E

E. whereas the organisation and the sustainability of healthcare delivery of health and social care is the responsibility of the Member states; whereas the Union can support the cooperation between Member States in promoting public health and prevention of disease and improving the complementarity of their health services cross-border;

2018/10/17
Committee: ENVI

2018/2776(RSP)

Recital G

G. whereas in the progressive digitalization of the society, patients, caregivers and healthcare professionals face the challenges of using information technology, personalised diagnosis and the digital infrastructure of patient records in the context of personal data security;

2018/10/17
Committee: ENVI

2018/2776(RSP)

Recital G a (new)

G a. whereas the Global Digital Health market was estimated to be worth €17 billion in 2017 with an average growth rate of 12-16 percent annually; whereas this is almost ten times the speed of growth of the whole EU economy; whereas this growth could double using health IT to enable the management of chronic diseases; whereas state of the art supply chain management processes could effectively lower the costs of healthcare operations; whereas science, research and innovation have a vital role to play in Europe’s response to challenges and to its competitiveness;

2018/10/17
Committee: ENVI

2018/2776(RSP)

Paragraph 3

3. Is of the opinion that the digital transformation of health and care needs to be patient-centred; believes that the EU needs to reiterate its support for the transition from existing fragmented health and social care models towards holistic and comprehensive coordinated healthcare system; supports the need to drive a real transformation of European networks, supporting a shift from a centred-oriented disease and care approach to a more prevention; agrees that healthcare professionals and patient- centric imperative have to be at the centre of all digital innovation;

2018/10/17
Committee: ENVI

2018/2776(RSP)

Paragraph 4

4. Believes that there is a need to ensure a key role for public health systems in the governance and the policymaking on digital health and care; notes that, by the implementation of innovative solutions, governments and policy-makers are not considering anymore the health expenditures as a pure cost but as an investment, fostering the growth of companies by innovation, and supporting the creation of jobs and new businesses;

2018/10/17
Committee: ENVI

2018/2776(RSP)

Paragraph 6

6. Regrets that, at present, many citizens in Europe have limited electronic access to their personal health data, in particular in cross-border treatments; supports the Commission's efforts to provide legal certainty, partnership regarding data processing that will enhance trust, allowing the flow of data across borders by building European Reference Network and other digital eHealth platforms;

2018/10/17
Committee: ENVI

2018/2776(RSP)

Paragraph 8 a (new)

8 a. Believes that digital health care solutions are related to technological advancement, based on scientific and research development; notes that digital health solutions require proper interoperability schemes, future infrastructure based on secure storages, 5G deployment, conditions for IoT development, processing health care big data in high performance computing centres; believes that, for the success in patient satisfaction, the accessibility of the adequate infrastructure should function everywhere and be open to everybody;

2018/10/17
Committee: ENVI

2018/2776(RSP)

Paragraph 12 a (new)

12 a. Stresses that health data should be widely used for research and development in the health sector; notes that data analysis methods available today allow research to tackle complex issues that were not solvable in the past; believes that supporting research focuses on design and analysis of executable computer algorithms describing biological phenomena, in particular cancer and brain disorders, which lead us to new discoveries and finally to the new therapies saving the people’s lives;

2018/10/17
Committee: ENVI

2018/2776(RSP)

Paragraph 12 b (new)

12 b. Believes that artificial intelligence, machine learning and exponential leaps in data availability and cloud computing fuel research initiatives to understand biology at molecular and cellular levels, guide the development of medical treatments and analyse data streams to detect health threats, predict disease outbreaks and counsel patients; believes that data mining and data navigation techniques can be used to identify care gaps, risks, trends and patterns;

2018/10/17
Committee: ENVI

2018/2776(RSP)

Paragraph 15

15. Calls on the Commission to facilitate European coordinated action to support pooling and secure exchange of genomic and other health data in order to advance research and personalised medicine, while ensuring full compliance with data protection legislation and ethical principles; believes that there is a gap to promote collaboration between universities and businesses in order to boost the commercialization of knowledge and innovation from digital health adoption;

2018/10/17
Committee: ENVI

2018/2776(RSP)

Paragraph 20 a (new)

20 a. Stresses that successful reorganisation of care delivery should adopt a transparent bottom-up approach to build trust and synergies between the different stakeholders; stresses that the reorganisation of healthcare delivery models and systems cannot materialise without the involvement of governments, providers, patients, insurers and health professionals; stresses that digital health requires innovation across industry sectors and disciplines, such as IT (artificial intelligence, IoT, data analytics, automated decisions, algorithms), digital (web techs, virtualreality, games, etc), design, social sciences (behaviour change, psychology) and medical sciences;

2018/10/17
Committee: ENVI

2018/2776(RSP)

Paragraph 20 b (new)

20 b. Notes that digital health provides a novel opportunity to exploit the advantages of the EU in psychiatric genetic research, building on the public health care system and biobanks; considers that this is a huge opportunity for a stronger prevention system to collect and provide access to sequenced genomes in the EU;

2018/10/17
Committee: ENVI

2018/2776(RSP)

Paragraph 22

22. Calls on the Commission to work with relevant actors to support more cooperation across borders and enlarge the deployment of digitally enabled care models; supports building the network which brings together national authorities responsible for digital health from all the Member States on a voluntary basis to work on common orientations for digital healthcare;

2018/10/17
Committee: ENVI

2018/2776(RSP)

Paragraph 25

25. Considers that a positive balance to citizens between the use of digital tools and direct consultation with health professionals should be achieved; considers also that a secure access and cross-border sharing of health data would be a positive step forward; notes that there is a huge potential to support the creation of robust open-innovation platforms that create opportunities for innovators and the space for new business models;

2018/10/17
Committee: ENVI

2018/2776(RSP)

Paragraph 26 a (new)

26 a. Considers that an implementation of healthcare funding models incorporating performance-based payments should include improving patient care experience; considers that the sustainable healthcare systems and the investment in the transformative change are required for the widespread uptake of integrated care models in order to ensure long-term financial sustainability;

2018/10/17
Committee: ENVI

2018/2776(RSP)

Paragraph 26 b (new)

26 b. Calls on the Commission to create an integrated care roadmap towards legal framework for mutual recognition and acceptance of eID and eSignature, produce EU guidelines on eHealth, develop the regulation supporting a cross- sectorial use of the notified identification systems and extend the eHealth Digital Service Infrastructure (eHDSI);

2018/10/17
Committee: ENVI

2018/2776(RSP)

Paragraph 26 c (new)

26 c. Notes that digital healtcare transition will require political leadership, sustained investment and a long-term vision on both national and European level;

2018/10/17
Committee: ENVI

2018/2645(RSP)

Recital C

C. whereas transfers of personal data between commercial organisations of the EU and the U.S. are an important element for the transatlantic relationships, whereas Privacy Shield is a key mechanism enabling these transfers under strong rules and obligations, whereas these transfers should be carried out in full respect of the right to the protection of personal data and the right to privacy; whereas one of the fundamental objectives of the EU is the protection of fundamental rights, as enshrined in the Charter;

2018/04/25
Committee: LIBE

2018/2645(RSP)

Recital J

J. whereas the Report from the Commission to the European Parliament and the Council on the first annual review on the functioning of the EU-U.S. Privacy Shield and the Commission Staff Working Paper accompanying the document, while acknowledging that the U.S. authorities have put in place the necessary structures and procedures to ensure the correct functioning of the Privacy Shield, and that overall the Privacy Shield continues to ensure an adequate level of protection for the transfer of personal data from the EU to the U.S. participating companies, have made ten recommendations to the U.S. authorities in order to address issues of concern regarding not only the tasks and activities of the U.S. Department of Commerce (DoC) and Federal Trade Commission (FTC) as authorities involved in the process of monitoring the certification of Privacy Shield organisations and enforcement of the Principles, but also those issues related to national security, such as the re- authorisation of Section 702 of Foreign Intelligence Surveillance Act (FISA), or the appointment of a permanent Ombudsperson and lacking members of the Privacy Civil Liberties Oversight Board (PCLOB);

2018/04/25
Committee: LIBE

2018/2645(RSP)

Paragraph 9 a (new)

9 a. Welcomes the efforts made by the U.S. authorities to reduce opportunities for false claims through requiring first- time certifiers to wait until the review process is completed before making public representation about their Privacy Shield certification, notes that misleading practices can lead to weakening of the credibility of the system as a whole;

2018/04/25
Committee: LIBE

2018/2645(RSP)

Paragraph 10

10. In view of the recent revelations of misuse of personal data by companies certified under the Privacy Shield such as Facebook and Cambridge Analytica, calls on the US authorities competent to enforce the Privacy Shield to act upon such revelations without delay in full respect with the assurances and commitments given to uphold the current Privacy Shield arrangement and if needed, to remove such companies from the Privacy Shield list; calls also on the competent EU data protection authorities to investigate such revelations and, if appropriate, suspend or prohibit data transfers under the Privacy Shield; notes that more scrutiny is needed to access whether certified companies fully comply with the rules under the Privacy Shield;

2018/04/25
Committee: LIBE

2018/2645(RSP)

Paragraph 18

18. Expresses its strong concerns regarding the recent adoption of the Clarifying Lawful Overseas Use of Data Act or CLOUD Act (H.R. 4943), which expands the abilities of American and foreign law enforcement to target and access people’s data across international borders without making use of the instrument of Mutual legal Assistance (MLAT) instruments, which provide for appropriate safeguards and respect the judicial competences of the countries where the information is located; highlights that the CLOUD Act could have serious implications for the EU as it is far-reaching and creates a potential conflict with the EU data protection laws;

2018/04/25
Committee: LIBE

2018/2111(INI)

Motion for a resolution
Recital C a (new)

C a. Whereas access to EU citizenship is gained through nationality of a Member State, which is regulated by national laws; whereas at the same time, rights and duties deriving from the EU citizenship are laid down by EU law and do not depend on Member States and hence cannot be limited in an unjustified manner by them;

2018/12/17
Committee: AFCO

2018/2111(INI)

Motion for a resolution
Recital C b (new)

C b. Whereas in the context of access to national citizenship, Member States should be governed by the principles of EU law, such as those of proportionality, rule of law and non-discrimination, which are well elaborated in the case law of the European Court of Justice;

2018/12/17
Committee: AFCO

2018/2111(INI)

Motion for a resolution
Recital C c (new)

C c. Whereas according to the Treaties, every EU citizen must receive equal attention from the EU institutions;

2018/12/17
Committee: AFCO

2018/2111(INI)

Motion for a resolution
Recital C d (new)

C d. Whereas efforts to promote EU citizenship are linked to improvements in the quality of democracy within the Union, to the practical enjoyment of fundamental rights and freedoms, and to the opportunity for every citizen to participate in the democratic life of the Union;

2018/12/17
Committee: AFCO

2018/2111(INI)

Motion for a resolution
Recital C e (new)

C e. Whereas European citizens are directly represented in the European Parliament and have the democratic right to stand and vote in European elections, even when residing in another Member State;

2018/12/17
Committee: AFCO

2018/2111(INI)

Motion for a resolution
Recital C f (new)

C f. Whereas it is crucial to ensure that EU citizenship is regarded as a cherished privilege among the citizens, including by restoring citizens' confidence in EU project, a feeling which seems to have waned in recent years as reflected by rise of euro- sceptic political forces and lower turnout in European elections;

2018/12/17
Committee: AFCO

2018/2111(INI)

Motion for a resolution
Paragraph 9 a (new)

9 a. Underlines the role of mobility in the personal development of young people, by enhancing learning and cultural exchanges, improving understanding of active citizenship and its practice; encourages the Member States to support EU programmes promoting mobility;

2018/12/17
Committee: AFCO

2018/2111(INI)

Motion for a resolution
Paragraph 9 b (new)

9 b. Values the importance of culture, art and science as integral aspects of active EU citizenship; stresses their role in strengthening citizens’ shared sense of belonging to the Union, boosting mutual understanding and stimulating intercultural dialogue;

2018/12/17
Committee: AFCO

2018/2111(INI)

Motion for a resolution
Paragraph 9 c (new)

9 c. Encourages raising of awareness of European values and rights among EU citizens of all ages through formal, non-formal and informal education in order to enhance intercultural understanding and solidarity in Europe;

2018/12/17
Committee: AFCO

2018/2111(INI)

Motion for a resolution
Paragraph 19 a (new)

19 a. Identifies with the notion that EU citizenship contributes to creating a more cohesive European society, thereby fostering mutual understanding, intercultural dialogue and transnational cooperation;

2018/12/17
Committee: AFCO

2018/2111(INI)

Motion for a resolution
Paragraph 19 b (new)

19 b. Encourages Commission to increase the promotion of democratic participation by intensifying citizens’ dialogue, enhancing citizens’ understanding of the role of EU legislation in their daily lives, and underlining their right to vote and stand for local, national and European election;

2018/12/17
Committee: AFCO

2018/2111(INI)

Motion for a resolution
Paragraph 19 c (new)

19 c. Invites the Commission to exploit, in this regard, social media and digital tools with a special emphasis on increasing the participation of young people and persons with disabilities; calls for the development and implementation of e-democracy tools, such as online platforms, to involve citizens more directly in EU democratic life, thus fostering their engagement;

2018/12/17
Committee: AFCO

2018/2111(INI)

Motion for a resolution
Paragraph 19 d (new)

19 d. Supports the production and dissemination of press and multimedia in all official EU languages that focus on enhancing EU citizens’ awareness of their rights and strengthening their ability to enforce these rights effectively in each Member State;

2018/12/17
Committee: AFCO

2018/2111(INI)

Motion for a resolution
Paragraph 19 e (new)

19 e. Considers that, given the increasing impact of social media on the lives of citizens, European institutions should continue to develop new mechanisms and public policies that are designed to protect the fundamental rights of individuals in the digital environment, focusing on their freedom of expression, their right to privacy and the protection of their good name, personal data and personal image;

2018/12/17
Committee: AFCO

2018/2111(INI)

Motion for a resolution
Paragraph 19 f (new)

19 f. Underlines that better and more focused information on European policies and on the impact of EU legislation on citizens’ daily lives would improve the turnout in European elections; recalls the need to promote participation in European elections by increasing the visibility of European political parties; reiterates that promoting participation in European elections is a shared responsibility of citizens, Member States and the EU;

2018/12/17
Committee: AFCO

2018/2111(INI)

Motion for a resolution
Paragraph 19 g (new)

19 g. Stresses that free media and access to a plurality of opinions are an indispensable part of a healthy democracy and that media literacy is crucial and should be developed at an early age; underlines the need for a defined EU policy to tackle anti-European propaganda and targeted misinformation;

2018/12/17
Committee: AFCO

2018/2111(INI)

Motion for a resolution
Paragraph 19 h (new)

19 h. Emphasises that quality civic education for all ages (formal and informal) is crucial for the confident exercise of citizens’ democratic rights, proper functioning of a democratic society as well as for overcoming discrimination, prejudice, and gender inequality; thus, reiterates the need for investing in civic education;

2018/12/17
Committee: AFCO

2018/2111(INI)

Motion for a resolution
Paragraph 19 i (new)

19 i. Welcomes the Rights and Values Programme as a valuable example of Union's active support for its values and rights deriving from EU citizenship and enshrined in the Treaties, including by way of supporting civil society organisations which promote and protect these rights and values;

2018/12/17
Committee: AFCO

2018/2108(INI)

Motion for a resolution
Paragraph 15 a (new)

15 a. Calls on the Commission and the Member States to strengthen citizens’ digital literacy with a clear purpose to be more innovative and bold in using new digital opportunities;

2018/12/05
Committee: ENVI

2018/2108(INI)

Motion for a resolution
Paragraph 15 b (new)

15 b. Urges the Commission and the Member States to speed up with the development of EU level policy recommendations focusing on how to stimulate in a best way an emerging Silver Economy in Europe; stresses the need to lower barriers to create suitable products, services and scale up new solutions for ageing population;

2018/12/05
Committee: ENVI

2018/2108(INI)

Motion for a resolution
Paragraph 21 a (new)

21 a. Stresses a necessity for improving patient adherence models which are based on the most stable findings from meta- analyses and large-scale empirical studies, reflecting the realities of medical practice and offering recommendations for enhancing patient’s dedication to treatment, particularly in chronic disease management, which is a key factor for measuring the efficiency and effectiveness of the healthcare systems;

2018/12/05
Committee: ENVI

2018/2108(INI)

Barbara KUDRYCKA, Michał BONI, Frank ENGEL

Motion for a resolution
Paragraph 30 a (new)

30 a. Notes that the personalised medical services and therapies should be adjusted to the individual needs of patients across the European Union with a secure method of transferring health data in accordance to Regulation (EU) 2016/679 (General Data Protection Regulation);

2018/12/05
Committee: ENVI

2018/2108(INI)

Michał BONI, Ivo BELET

Motion for a resolution
Paragraph 30 b (new)

30 b. Calls on the Commission to address as a priority the digital health needs in the Member States; welcomes the Commission’s support of sustained financial resources to ensure a strong national digital health strategy and create a suitable framework for common actions at the European level to prevent fragmentation of efforts and ensure the exchange of best practices for wider usage of digital technology in the Member States;

2018/12/05
Committee: ENVI

2018/2103(INI)

Barbara KUDRYCKA, Michał BONI, Frank ENGEL, Péter NIEDERMÜLLER, Ana GOMES, Carlos COELHO

Motion for a resolution
Paragraph 7 a (new)

7a. Calls on the Member States to undertake adequate measures safeguarding and promoting a pluralist, independent and free media; Calls on the Commission and the Member States to implement legislative frameworks in order to avoid concentration of ownerships in the media sector;

2018/10/05
Committee: LIBE

2018/2103(INI)

Barbara KUDRYCKA, Michał BONI, Frank ENGEL, Péter NIEDERMÜLLER, Ana GOMES, Carlos COELHO

Motion for a resolution
Paragraph 8

8. Expresses its concern that few specific legal provisions to ensure the protection of media actors from violence, threats and pressures can be identified at national level in EU Member States; expresses its concern over the precarious working conditions for journalists and the amount of psychological violence they witness, which compromises their ability to work appropriately and thus hampers media freedom; expresses its deep concern about deadly attacks still being committed against journalists in the Member States; urges the law enforcement national authorities to take all the measures to prevent such violence and further cooperate with EUROPOL, to accelerate investigations on the deaths of journalists in the European Union;

2018/10/05
Committee: LIBE

2018/2103(INI)

Barbara KUDRYCKA, Michał BONI, Frank ENGEL, Péter NIEDERMÜLLER, Ana GOMES, Carlos COELHO

Motion for a resolution
Paragraph 11

11. Expresses concerns about the obstacles to the work of human rights defenders, including civil society organisations active in the field of fundamental rights and democracy; recognises the key role of these organisations in making fundamental rights and values a reality for everyone and stresses that they should be able to carry out their work in a safe and well-supported environment; is concerned by the closing down of civil society space; reiterates the need for a dedicated funding, as outlined in the European Parliament’s resolution on establishing European Values Instrument (EVI), to provide support to CSOs engaged in promoting fundamental values in the European Union; calls on the EU and the Member States to address proactively the root causes of shrinking civil society space and to uphold their fundamental rights;

2018/10/05
Committee: LIBE

2018/2103(INI)

Barbara KUDRYCKA, Michał BONI, Frank ENGEL, Péter NIEDERMÜLLER, Ana GOMES, Carlos COELHO

Motion for a resolution
Paragraph 15

15. Deplores the fact that in 2017, LGBTI people were still victims of discrimination and hatred and encourages the Member States to adopt laws and policies to combat homophobia and transphobia; calls on the Member States to update their criminal codes accordingly to the Council Directive 2000/78/EC Establishing a general framework for equal treatment in employment and occupation and the Council Directive 2000/43/EC which implement the principle of equal treatment between persons irrespective of racial or ethnic origin, homosexuality and disabilities should be found in every catalogue of features protected against discrimination;

2018/10/05
Committee: LIBE

2018/2103(INI)

Barbara KUDRYCKA, Michał BONI, Frank ENGEL, Péter NIEDERMÜLLER, Ana GOMES, Carlos COELHO

Motion for a resolution
Paragraph 16

16. Affirms that the separation of powers and the independence of the judiciary are essential to ensure the effective functioning of the rule of law in any society; recalls that this concept is enshrined in the 1948 Universal Declaration of Human Rights, in the principles of equality before the law, the presumption of innocence and the right to a fair and public hearing by a competent, independent and impartial tribunal established before the law; these fundamental values were the inspiration for the introductory articles of the European Treaties, which every Member State has willingly endorsed and committed themselves to respecting;

2018/10/05
Committee: LIBE

2018/2103(INI)

Barbara KUDRYCKA, Michał BONI, Frank ENGEL, Péter NIEDERMÜLLER, Ana GOMES, Carlos COELHO

Motion for a resolution
Paragraph 18

18. Recalls that, in accordance with Article 17(1) of the TEU, the Commission, as guardian of the Treaties, has the legitimacy and authority to ensure that all Member States are upholding the principles of the rule of law and the other values referred to in Article 2 of the TEU; insists that Article 7 of the TEU should be employed if all other remedies have failed;

2018/10/05
Committee: LIBE

2018/2103(INI)

Barbara KUDRYCKA, Michał BONI, Frank ENGEL, Péter NIEDERMÜLLER, Ana GOMES, Carlos COELHO

Motion for a resolution
Paragraph 18 a (new)

18a. Notes the Commission's and the Council's efforts to ensure that all Member States fully uphold the rule of law, but also the limited impact of the procedures regarding the art. 7(1) TEU; considers that all legal steps, taken thus far, in the scope of art. 7(1), are insufficient and has not brought any tangible results on the general situation of the rule of law in the Union; calls on the Council to start, without further delay, the necessary proceedings to determine whether there is an existence of a clear risk of a serious breach of the values on which the Union is founded in the Member States concerned;

2018/10/05
Committee: LIBE

2018/2103(INI)

Barbara KUDRYCKA, Michał BONI, Frank ENGEL, Péter NIEDERMÜLLER, Ana GOMES, Carlos COELHO

Motion for a resolution
Paragraph 20

20. Shares the view that any rule of law assessment should be based on solid, objective and comparable data and analysis; Wrecalls that fundamental rights should be included as part of the impact assessment for all legislative proposals; welcomes in this regard the FRA’s new European Union Fundamental Rights Information System (EFRIS), which will bring together all existing information relevant to fundamental rights delivered under the different mechanisms at UN, Council of Europe and EU level;

2018/10/05
Committee: LIBE

2018/2103(INI)

Barbara KUDRYCKA, Michał BONI, Frank ENGEL, Péter NIEDERMÜLLER, Ana GOMES, Carlos COELHO

Motion for a resolution
Paragraph 21 a (new)

21a. Stresses that corruption is a serious threat to democracy, rule of law and fundamental rights; reiterates that corruption poses a threat to good governance and the economic development; calls on the Member States and the EU institutions to fight corruption and to devise effective instruments for combating fraud;

2018/10/05
Committee: LIBE

2018/2103(INI)

Motion for a resolution
Paragraph 21 b (new)

21b. Calls, to that end, on the Member States and the EU institutions to facilitate the rapid establishment of the European Public Prosecutor's Office, thus providing appropriate guarantees of the anti- corruption strategy; Calls, therefore, on the remaining Member States to join the European Public Prosecutor's Office;

2018/10/05
Committee: LIBE

2018/2103(INI)

Barbara KUDRYCKA, Michał BONI, Frank ENGEL, Péter NIEDERMÜLLER, Ana GOMES, Carlos COELHO

Motion for a resolution
Paragraph 21 c (new)

21c. Highlights the importance of the freedom of movement and residence of European citizens and their families, as one of the most important fundamental values for our citizens;

2018/10/05
Committee: LIBE

2018/2103(INI)

Barbara KUDRYCKA, Michał BONI, Frank ENGEL, Péter NIEDERMÜLLER, Ana GOMES, Carlos COELHO

Motion for a resolution
Paragraph 22 a (new)

22a. Recalls, that all the Member States are signatories to Geneva Conventions, and are therefore obliged to ensure that all Its provisions are respected, regardless of the circumstances.

2018/10/05
Committee: LIBE

2018/2103(INI)

Barbara KUDRYCKA, Michał BONI, Frank ENGEL, Péter NIEDERMÜLLER, Carlos COELHO

Motion for a resolution
Paragraph 24 a (new)

24a. Acknowledges, that while there may be indications that an asylum procedure is lengthy, determining the appropriate time of such a procedure seems almost impossible. The right to good administration and to a fair hearing within a reasonable time is infringed by asylum procedures leaving an asylum seeker in a state of prolonged uncertainty and limbo. On the other hand, extremely truncated procedures may violate the individual’s right of access to asylum and to an effective remedy; Calls therefore on Member States to accelerate the procedures, while keeping all the necessary security safeguards, in order not to detain migrants more than it is necessary, since it has a negative impact on their following integration process;

2018/10/05
Committee: LIBE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Draft opinion
Citation 1 a (new)

Having regard to Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions on Artificial Intelligence for Europe (COM(2018) 237 final);

2018/11/09
Committee: LIBE

2018/2088(INI)

Motion for a resolution
Citation 1 a (new)

– having regard to the European Parliament resolution of 1 June 2017 on digitising European industry(2016/2271(INI));

2018/12/07
Committee: ITRE

2018/2088(INI)

Draft opinion
Citation 1 b (new)

Having regard to European Parliament resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics (2015/2103(INL));

2018/11/09
Committee: LIBE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Draft opinion
Recital 1 a (new)

(1a) Whereas artificial intelligence is one of the strategic technologies for the 21st century both globally and in Europe, bringing positive change for the European economy, enabling innovation, productivity, competitiveness and well- being;

2018/11/09
Committee: LIBE

2018/2088(INI)

Motion for a resolution
Citation 1 b (new)

– having regard to the European Parliament resolution of 11 September 2018 on language equality in the digital age(2018/2028(INI)),

2018/12/07
Committee: ITRE

2018/2088(INI)

Draft opinion
Recital 1 b (new)

(1b) Whereas the European framework for AI must be developed in full respect of the fundamental rights as enshrined in the Charter of Fundamental Rights, and in particular with the principles of data protection, privacy and security;

2018/11/09
Committee: LIBE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Draft opinion
Recital 1 c (new)

(1c) Whereas human-centric AI and machine learning is an advantage for European society and can address some of the most pressing societal challenges with tangible benefits for citizens;

2018/11/09
Committee: LIBE

2018/2088(INI)

Motion for a resolution
Recital A

A. whereas ethics embedded artificial intelligence (AI) and robotics have the potential to enrich our lives and further our capabilities;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA, Henna VIRKKUNEN

Motion for a resolution
Recital B a (new)

Ba. whereas artificial intelligence is one of the strategic technologies for the 21st century both globally and in Europe, bringing positive change for the European economy, enabling innovation, productivity, competitiveness and well- being;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA, Henna VIRKKUNEN

Motion for a resolution
Recital B b (new)

Bb. whereas AI constitutes a significant tool to address global societal challenges and the Member’s states through their public policy have to promote investments, to make available funds for R&D, and address barriers to AI development and adoption;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Recital C

C. whereas the existing rules and processes ~~should be~~have to be evaluated and if needed modified to account for artificial intelligence and robotics;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA, Henna VIRKKUNEN

Motion for a resolution
Recital C a (new)

Ca. whereas several Member States are developing their own artificial intelligence strategies, and there is a need to coordinate those strategies, to pool research efforts, set common short and long term targets for AI development in order to avoid investment gaps and overlaps;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Recital C b (new)

Cb. whereas building trusted ecosystem for the development of AI technology should be based on Data policy architecture. This implies the creation of smooth and simplified data collection and management programmes for educational research purposes to enable the development of AI in many domains: medical, financial, biological, energy, industrial, chemical or public sector. Believes that data driven AI ecosystem might be pan-European initiatives launched on open standards, mutual recognition of certificates and transparent rules of interoperability;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Recital D

D. whereas ~~AI alone does not ensure~~ truth orand fairness, a~~s bias is introduced in how the data is selected and how the algorithm is written~~re essential for the development and acceptance of the AI, whereas algorithmic design, constant re-evaluation processes as well as data quality should prevent from the bias;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Recital E

E. whereas AI and robotics should be developed ~~to complement humans and human-centred development~~and deployed in a human- centred way with an aim to support humans at their work and at home and relieve them from dangerous jobs;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Recital E a (new)

Ea. whereas text and data mining serves as a foundation for AI and machine learning applications, and are vital for SME's and start-ups because they allow them to access to large quantities of data to train AI algorithms;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 1

1. Stresses that automation ~~derived from~~combined with artificial intelligence artificial intelligence will increase productivity and therefore increase output; notes that, as in previous technological revolutions, some jobs will be replaced but new jobs will also be created;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 1 a (new)

1a. Calls on the European Commission to examine the impacts that the applied AI solutions in industry may bring to the EU labour force;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA, Henna VIRKKUNEN

Motion for a resolution
Paragraph 1 b (new)

1b. Recommends that Member States together with businesses, educators and other relevant stakeholders identify the groups that are most at risk of displacement due to AI and develop strategies to manage this transition by supporting reskilling programs, improving professional education and long-life trainings for the current and future workforce with particular focus on SMS; underlines that companies themselves have to invest in training and reskilling of existing workforce in order to meet their needs.

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA, Henna VIRKKUNEN

Motion for a resolution
Paragraph 2 a (new)

2a. Believes that digital literacy is one of the most important factors for future AI development. Notes that the digital literacy can support wide participation in the data economy solutions and facilitate communication and cooperation with all partners in the digital relationships;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 4

4. Recognises that the increased use of sensors in the field of robotics has enhanced the scope of care giving and enables patients to have more personalised treatment and services, generate more meaningful data as well as receive care remotely from their own homes;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Subheading 4 a (new)

Research and development

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 5

5. ~~Welcom~~Notes the ambition of Japan’s Robot Strategy to have 4 out of 5 patients opt for robotic care ~~and calls on the Commission to reciprocate this ambition;~~ ; Underlines that Europeans still feel uncomfortable with the idea of using robots in the care for the elderly people or in medical procedures; calls on the Commission and the Member States to develop strategies and communication campaigns aiming at upgrade the perception of robots in a daily life;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA, Henna VIRKKUNEN

Motion for a resolution
Paragraph 5 b (new)

5b. Welcomes the Commission proposal on the digital Europe programme and the budget of 2.5 billion euros foreseen to the artificial intelligence as well as the increased financing under the horizon 2020. Believes that the budget proposed by the European Parliament for both programmers constitutes the absolute minimum in order to effectively provide better access for public authorities and businesses, especially SMEs, to AI testing and experimentation facilities. Underlines that EU financing fosters, leverages and complements Member states and industry research budgets for the AI and that synergies are needed between nationals, private and EU research programmes.

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Pilar DEL CASTILLO VERA, Michał BONI

Motion for a resolution
Paragraph 5 c (new)

5c. Notes that although Artificial Intelligence has a purely technological research and innovation component, research on AI must also be undertaken in the social, ethical and liability areas;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA, Henna VIRKKUNEN

Motion for a resolution
Paragraph 5 d (new)

5d. Encourages Member States to develop multi stakeholders partnerships across industry and research institutes as well as joint AI centres of excellence that will facilitate investments in the AI research and create collaboration and networking across Europe;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 5 e (new)

5e. Stresses that Europe has to dedicate the new FET flagship to the Artificial intelligence with a particular emphasis on human centric approach and language technologies;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 5 f (new)

5f. Believes that Artificial Intelligence, machine learning and exponential leaps in data availability and cloud computing fuel research initiatives to understand biology at molecular and cellular levels, guide the development of medical treatments and analyse data streams to detect health threats, predict disease outbreaks and counsel patients. Notes that Data mining and data- navigation techniques can be used to identify care gaps, risks, trends and patterns;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA, Henna VIRKKUNEN

Motion for a resolution
Paragraph 6

6. Notes the importance of greater investment in this field in order to remain competitive; recognises that while most of the investment and innovation in this area comes from private sector ventures, Member States and the Commission should also be encouraged to invest in research in this sector and outline their development priorities; Welcomes the EU invest proposal and other public private partnerships that will foster private funding; considers that the coordination of private- and public-sector investment should be encouraged to ensure that development is focused;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA, Henna VIRKKUNEN

Motion for a resolution
Paragraph 7 a (new)

7a. Considers that public acceptance depends on how public is informed about the opportunities, challenges and developments of artificial intelligence; Recommends Member States and the Commission to launch various information campaigns on the limitations and potential of AI and robotics and addressing mains public concerns such as privacy, safety and transparency of decisions taken by automated systems;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 8 a (new)

8a. Stresses that connectivity is a precondition for Europe to become part of the gigabit society and AI is a clear example of the exponential growth of a demand for high quality, fast, secure and pervasive connectivity; believes that the Union and the Member States should continue to foster measures to stimulate investment in and take-up of very high capacity networks in the European Union;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 8 b (new)

8b. Underlines that EU legislation related to the implementation of the DSM strategy shall remove barriers for the deployment of AI, ask the Commission to evaluate where it is necessary to update policy and regulatory frameworks in order to build a single European market for AI;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Subheading 7

Supporting conditions: connectivity, data accessibility and high-performance computing, cloud infrastructure

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 9

9. Recalls that the availability of quality data is essential for real competitiveness in the AI industry, and calls for public authorities to ensure ways of producing, sharing and governing data ~~by making data a common good~~;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA, Henna VIRKKUNEN

Motion for a resolution
Paragraph 9 a (new)

9a. Stresses the importance of the quality of data used in development of algorithms, as the standard of the AI systems relies on the data used to train them; Notes that the use of low quality, outdated, incomplete or incorrect data may lead to poor predictions and in turn discrimination and bias, it is therefore important in the age of big data to ensure that algorithms are trained on representative sample of high quality data;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 9 b (new)

9b. Highlights that cloud computing has a key role to play in driving the uptake of AI. Stress that better access to cloud services will allows private companies, public institutions, research and academic institutions, and users to develop and use AI in an efficient and economically viable way;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA, Henna VIRKKUNEN

Motion for a resolution
Paragraph 9 c (new)

9c. Believes that the success of AI applications, tailored to users across the EU, often requires extensive knowledge of local markets, as well as access to and use of adequate local data for the datasets training, system testing and validation, especially in sectors related to natural language processing. Asks the Member states to encourage the availability of high quality, interoperable and open public sector as well as privately-held data;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 9 d (new)

9d. Welcomes the establishment of the European High Performance Computing Joint Undertaking; Underlines that supercomputing and data infrastructure are essential to ensure competitive innovation ecosystem for the development of AI technologies and applications;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA, Henna VIRKKUNEN

Motion for a resolution
Paragraph 9 e (new)

9e. Welcomes the measures to facilitate and support the exchange and sharing of data across borders, to increase flexibility and stimulate economies of scale, such as through the Free Flow of Data Regulation;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 9 f (new)

9f. Considers that AI at the same time can be a cybersecurity threat and the tool to fight against cyber-attacks; encourages the swift completion of the Strategy for Cybersecurity that should ensure the development and deployment of safe AI and robotic systems that are resilient to cyber-attacks; believes that ENISA should prepare an action plan on cybersecurity in the area of AI, which should assess and address threats and weaknesses specific to AI;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 9 g (new)

9g. Underlines the importance of strengthening the industrial base as a strategic component of the secure AI development; emphasize that in order to ensure an ambitious level of cybersecurity, data protection and trusted ICT services Europe have to invest in its technological independence; stresses the urgent need for the EU to develop its own infrastructure, data centres, cloud and components such as graphics processors and chips production;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 9 h (new)

9h. Recalls that while AI and Robotics already have long-established industrial applications, advancements in the field are expanding and providing wide and diverse applications in all human activities; believes that any regulatory framework must include flexibility that allows for innovation and free development of new technologies and uses for AI;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 9 i (new)

9i. Underlines the importance of SME for the AI uptake; welcomes in this context the Commission initiative to create an AI on demand platform that will boost technology transfer and catalyse the growth of start-ups and SMEs. Calls on the Commission to promote Digital Innovation Hubs for the AI that do not lead to the creation of additional administration layers but focus on accelerating investments in projects that have proven their efficiency;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 9 j (new)

9j. Believes that AI will be a great asset in terms of implementing the “once only” principle, enabling the combination of data bases and information from different sources, and thereby facilitating citizens’ interactions with public administrations;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 9 k (new)

9k. Stresses that public support for the AI should be concentrated to those strategic sectors in which EU industry has greatest opportunities to play a leading role at a global level and which has general public interest added value;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 9 l (new)

9l. Asks the Member States to lead this digital transformation by positioning themselves as primary responsible users and buyers of trustworthy AI technology and thus demonstrate that AI can yield tangible benefits to citizens. Stresses that in this context Member States have to adapt their data policies including public data collection, use, repositories or annotation to allow the AI deployment in all public sector;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 10 a (new)

10a. Believes that trustworthy artificial intelligence can strongly support the reform of public administration in decision-making and improve public services, e.g. in preparing regulatory impact assessment, so its use should be further analysed and promoted;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 11

11. Notes the impact that AI has already had on ~~design~~wellness, prevention, diagnoses, research and its great potential for providing personaliszed ~~treatments and predicting heart attacks;~~ care. This ultimately leads to a more sustainable, efficient and outcome-based health care ecosystem;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 12 a (new)

12a. Calls on Commission to work on strategies and policies that can position the EU as a world-leader in the growing field of health care technology, while ensuring that patients have access to seamless and effective medical care;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 13 a (new)

13a. Acknowledge the potential of AI in reaching the goal of the carbon free energy sector; stresses that with more digitised energy sector energy networks become larger and more exposed to cyber threat; Calls the Member states and the Commission accompany the energy digital transformation with the measures, such as artificial intelligence, improving cyber security;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 17 a (new)

17a. Notes that voice communication is increasingly used in interaction with vehicles and transport systems but these features are only available for a handful of European languages, so it should be ensured that all Europeans can use these possibilities in their mother tongue;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 20

20. ~~Believ~~Stresses that ~~AI needs to be governed by a code of ethics in the same way that human behaviour is guided; recognises that in order to do this, rules must be in place to increase the account~~ethical rules must be in place to ensure the human centric AI development, the accountability, explainability and transparency of algorithmic decision-making systems, clear liability rules and fairness;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 21

21. ~~Calls for the creation of an ethical charter of best practice for AI and robotics that companies and experts should follow;~~ Welcomes the Commission initiative to set the High-level experts group on Artificial intelligence as well as EU AI alliance network with the aim to deliver ethical guidelines for the AI. Ask the Commission to ensure the largest possible up take of those ethical guidelines by the industry, academia and public authorities. Believes that the point of departure for any guideline must be a human centric approach to AI. Recommends to the Member states to transfer the guidelines into their national AI strategies and develop real accountability structures for industries and governments as they design and deploy AI;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 21 a (new)

21a. Considers that continuous follow up of the AI ethical guidelines implementation and impact to the development of the human centric AI is essential. Ask the Commission to analyse if the voluntary ethical guidelines are sufficient to ensure the inclusive ethically embedded uptake of AI that do not generate economic and social divides in EU societies and suggest if needed regulatory and policy measures;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 21 b (new)

21b. Believes that Europe should lead worldwide by deploying only ethically embedded AI; underlines that to achieve this there is a need to ensure the governance of ethics in AI at different levels; recommends the Member States to instate AI ethics monitoring and oversight bodies and encourage companies developing AI to establish ethics board and elaborate ethical guides for their AI developers;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA, Henna VIRKKUNEN

Motion for a resolution
Paragraph 21 c (new)

21c. Stresses that European standards for AI must be based on the principles of digital ethics, human dignity, respect of fundamental rights, data protection and security, thus contributing to building trust among users; emphasises the importance of capitalising on the EU’s potential for creating a strong infrastructure for AI systems rooted in high standards of data and respect for humans; Notes that, in the development of AI principle, transparency and the explainability need to be embedded;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 22

22. ~~Notes that AI will not be flawless but will remain a useful tool as long as fewer errors are made than when the same decis~~Stresses the difficulty and the complexity to predict the future behaviours of many complex AI systems and the emerging behaviours of interacting AI systems; ask the Commission to evaluate if there is a need for the specific regulations are ~~made by humans~~lated to AI- enabled decision-making;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 23

~~23. Highlights the need for a regulatory distinction between mistakes that arise from malfeasance and those that arise from innovative practices;~~deleted

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 24

24. C~~alls for people to have a~~onsiders that autonomy of human beings in the context of AI development should be ensured by full and effective self-determination over themselves, including the right ofor appeal when AI is used ~~for~~on decisions affecting individuals, which carry a significant risk for individuals’ rights and freedoms or may result to harm;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 24 a (new)

24a. Reiterates that AI systems should not create or reinforce bias; underlines that when developing and using algorithms considerations around bias and fairness must be included at all stages from the design to implementation phase. The data set and the algorithm must be assessed and regularly tested to ensure the decision-making is accurate;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 25

25. Points out that whilest AI brings great benefits in automation and decision- making, it also carries an inherent ~~risk when the algorithms are static and opaque; stresses, in this context, the need for greater transparency of algorith~~uncertainty about its usage. This needs to be guarded against through greater transparency and explainability of AI systems;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 25 a (new)

25a. Highlights that transparency and explainability should be users centred and provide meaningful information about the values, processes and outcomes;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 26

26. Points out that the lack of transparency of these technologies and their applications raises a number of ethical issues including human dignity, safety and right to privacy;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 27

27. ~~Considers that algorithmic~~Underlines that transparency and clear rules is a precondition to the accountability that should fall on the operator ~~and be regulated by policy-makers through impact assessments based on established parameter~~or the provider of the algorithmic decision systems;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 28

28. Notes that ~~disclosing the computer code itself would be ineffective~~open code itself will not solve the AI transparency issue, because it would not reveal the inherent biases that exist, and ~~would~~it fails to explain the machine- learning process; ~~cites as an example of this Google’s 'PageRank' algorithm, which enabled website owners to manipulate their pages with hidden content that would be interpre~~underlines that we have to seek to understand the behaviour of algorithm leading to a decision and this can be achieved through algorithm design itself, appropriated a~~s desirable~~nd comprehensive user in for~~der to increase views~~mation, internal and external audits, certification;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 29

29. Acknowledges that revealing the code or trade secrets would also discourage companies from R&D of new code, since their intellectual property would be at risk; notes that development of AI should encourage instead for the interpretability of models and their interaction with the input and training data;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 32

32. Notes AI is a global phenomenon and consequently a human centric approach to AI will require cooperation and compatible policies across the globe ; Calls on the Commission to work aton an international level to ~~ensure maximal~~promote EU ethical values worldwide and to ensure that there is the greatest consistency between international players;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 32 a (new)

32a. Calls on the Commission to work towards developing a strong EU leadership which can prevent duplication/ fragmentation of efforts and ensure national-level policies and the exchange of best practices for wider usage of AI.

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 33

33. Welcomes the ~~different~~national strategies developed by the Member States , and the Commission initiative to coordinate and monitor Member States AI uptake, impact and investments;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 33 a (new)

33a. Calls on the Commission to reinforce cybersecurity capacity by further combining and coordinating efforts across Europe;

2018/12/07
Committee: ITRE

2018/2088(INI)

Algirdas SAUDARGAS, Michał BONI, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 33 b (new)

33b. Stresses that a harmonised, risk- based and progressive EU data policy framework would increase trust and support the path of AI in Europe, thereby ensuring the completion of the Digital Single Market and increased productivity of European based businesses;

2018/12/07
Committee: ITRE

2018/0331(COD)

Proposal for a regulation
Recital 1

(1) This Regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society, by preventing the misuse of hosting services for terrorist purposes. The functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers, reinforcing users’ trust in the online environment, and by strengthening safeguards to ~~the~~fundamental rights, in particular freedom of expression and information.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Recital 5

(5) Th~~e application of th~~is Regulation should ~~not affect the application of~~apply without prejudice to Article 14 and Article 145 of Directive 2000/31/EC8 . In particular, any measures taken by the hosting service provider in compliance with this Regulation, including any proactive measures, should not in themselves lead to that service provider losing the benefit of the liability exemption provided for in that provision and should not lead to the general monitoring obligation. This Regulation leaves unaffected the powers of national authorities and courts to establish liability of hosting service providers in specific cases where the conditions under Article 14 of Directive 2000/31/EC for liability exemption are not met. _________________ 8 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ L 178, 17.7.2000, p. 1).

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Recital 7

(7) This Regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake. This includes the rights to respect for private life and to the protection of personal data, the right to effective judicial protection, the right to freedom of expression, including the freedom to receive and impart information, the freedom to conduct a business, and the principle of non-discrimination. Competent authorities and hosting service providers should only adopt measures which are necessary, appropriate and proportionate within a democratic society, taking into account the particular importance accorded to the freedom of expression and information, which constitutes one of the essential foundations of a pluralist, democratic society, and is one of the values on which the Union is founded. Measures constituting interference in the freedom of expression and information should be strictly targeted, in the sense that they must serve to prevent the dissemination of terrorist content, but without thereby affecting the right to lawfully receive and impart information, taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts, opinions and ideas in accordance with the law. This Regulation should not affect the applicable rules on the processing of personal data, in particular as laid down in Regulation (EU)2016/679 and Directive (EU) 2016/680.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Recital 9

(9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council9 . Given the need to address the most harmful terrorist propaganda online, the definition should capture material and information that incites, encourages or advocates the commission or contribution to terrorist offences, provides instructions for the commission of such offences or promotes the participation in activities of an EU- listed terrorist group. Such information includes in particular text, images, sound recordings and videos. When assessing whether content constitutes terrorist content within the meaning of this Regulation, competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements, the context in which the statements were made and their potential to lead to harmful consequences, thereby affecting the security and safety of persons. The fact that the material was produced by, is attributable to or disseminated on behalf of an EU-listed terrorist organisation or person constitutes an important factor in the assessment. Content disseminated for educational, journalistic or research purposes should be adequately protected. Furthermore, the expression of radical, polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content. _________________ 9Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Recital 10

(10) In order to cover those online hosting services where terrorist content is disseminated, this Regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to th~~ird parties~~e public, irrespective of whether this activity is of a mere technical, automatic and passive nature. By way of example such providers of information society services include social media platforms, video streaming services, video, image and audio sharing services, file sharing and other cloud services to the extent they make the information available to th~~ird parties and websites where users can make comments or post reviews~~e public. For the purpose of this Regulation cloud infrastructure services providers and services at other layers of the Internet infrastructure than application layer as well as webhosting service providers that provide the technical infrastructure to websites operators should not be considered as ‘hosting service providers’. The Regulation should ~~also~~ apply to hosting service providers established outside the Union but offering services within the Union, since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries. This should ensure that all companies operating in the Digital Single Market comply with the same requirements, irrespective of their country of establishment. The determination as to whether a service provider offers services in the Union requires an assessment whether the service provider enables legal or natural persons in one or more Member States to use its services. However, the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more Member States taken in isolation should not be a sufficient condition for the application of this Regulation.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Recital 13

(13) The procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it, following an assessment by the competent authorities, should be harmonised. Member States should ~~remain free as to the choice of the competent authorities allowing them to designate administrative, law enforcement or judicial authorities with~~designate their competent judicial authority responsible for that task. Given the speed at which terrorist content is disseminated across online services, this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled ~~within one hour from receiving the removal order~~expeditiously depending on the capacities of the service provider in question. It is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the Union.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Recital 25

(25) Complaint procedures constitute a necessary safeguard against erroneous removal of content protected under the freedom of expression and information. Hosting service providers should therefore establish user-friendly complaint mechanisms and ensure that complaints are dealt with promptly and in full transparency towards the content provider. The requirement for the hosting service provider to reinstate the content where it has been removed in error, does not affect the possibility of hosting service providers to enforce their own terms and conditions on other grounds. Hosting service providers should have access to an effective appeal and redress mechanism to a judiciary body within Member States.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Recital 27

(27) In order to avoid duplication and possible interferences with investigations, the competent authorities should inform, coordinate and cooperate with each other and where appropriate with Europol ~~when~~before issuing removal orders or sending referrals to hosting service providers. In implementing the provisions of this Regulation, Europol could provide support in line with its current mandate and existing legal framework.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Recital 29

(29) It is essential that the competent authority within the Member State responsible for imposing penalties is fully informed about the issuing of removal orders and referrals and subsequent exchanges between the hosting service provider and the relevant competent authorityies in other Member States. For that purpose, Member States should ensure appropriate communication channels and mechanisms allowing the sharing of relevant information in a timely manner.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Recital 33

(33) Both hosting service providers and Member States should establish points of contact to facilitate the swift handling of removal orders and referrals. In contrast to the legal representative, the point of contact serves operational purposes. The hosting service provider’s point of contact should consist of any dedicated means allowing for the electronic submission of removal orders and referrals and of technical and personal means allowing for the swift processing thereof. The point of contact for the hosting service provider does not have to be located in the Union and the hosting service provider is free to nominate an existing point of contact, provided that this point of contact is able to fulfil the functions provided for in this Regulation. With a view to ensure that terrorist content is removed or access to it is disabled ~~within one hour~~expeditiously from the receipt of a removal order, hosting service providers should ensure that the point of contact is reachable 24/7. The information on the point of contact should include information about the language in which the point of contact can be addressed. In order to facilitate the communication between the hosting service providers and the competent authorities, hosting service providers are encouraged to allow for communication in one of the official languages of the Union in which their terms and conditions are available.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Recital 37

(37) For the purposes of this Regulation, Member States should designate a competent authorit~~ies~~y. The requirement to designate a competent authorit~~ies~~y does not necessarily require the establishment of a new authorit~~ies~~y but can be an existing bod~~ies~~y tasked with the functions set out in this Regulation. This Regulation requires designating an authorit~~ies~~y competent for issuing removal orders, referrals and for overseeing proactive measures and for imposing penalties. ~~It is for Member States to decide how many authorities they wish to designate for these tasks.~~

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Recital 38

(38) Penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this Regulation. Member States should adopt rules on penalties, including, where appropriate, fining guidelines. Particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it ~~within one hour~~expeditiously from receipt of a removal order. Non-compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure. In order to ensure legal certainty, the regulation should set out to what extent the relevant obligations can be subject to penalties. Penalties for non-compliance with Article 6 should only be adopted in relation to obligations arising from a request to report pursuant to Article 6(2) or a decision imposing additional proactive measures pursuant to Article 6(4). When determining whether or not financial penalties should be imposed, due account should be taken of the financial resources of the provider. Member States shall ensure that penalties do not encourage the removal of content which is not terrorist content.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1

(1) 'hosting service provider' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored available to th~~ird parties~~e public;

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 4

(4) 'terrorist offences' means ~~offences as defin~~intentional acts as listed in Article 3(1) of Directive (EU) 2017/541;

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – introductory part

(5) 'terrorist content' means one or more of the following information: which may contribute to the commission of the intentional acts listed in Article 3(1) of Directive (EU) 2017/541:

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6

(6) ‘dissemination of terrorist content’ means making terrorist content available to th~~ird parties~~e public on the hosting service providers’ services;

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)

(9a) ‘competent authority’ means a designated national judicial authority in the Member State.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 3 – paragraph 1

1. Hosting service providers shall take appropriate, reasonable and proportionate actions in accordance with this Regulation, against the dissemination of terrorist content and to protect users from terrorist content. In doing so, they shall act in a diligent, proportionate and non- discriminatory manner, and with due regard to the fundamental rights of the users and take into account the fundamental importance of the freedom of expression and information in an open and democratic society. These actions shall not result in general monitoring obligation.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 4 – paragraph 2

2. HUpon receipt of the removal order, hosting service providers shall remove terrorist content or disable access to it ~~within one hour~~expeditiously from receipt of the removal order.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point g a (new)

(ga) deadlines by which the hosting service provider and the content provider may appeal the order;

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 17 – paragraph 1 – introductory part

1. Each Member State shall designate the authority ~~or authorities~~ competent to

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 18 – paragraph 3 – point d a (new)

(da) the size and operational capabilities of the hosting service provider in question;

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 23 – paragraph 1

No sooner than [three years from the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and submit a report to the European Parliament and to the Council on the application of this Regulation including the functioning of the effectiveness of the safeguard mechanisms. , as well as the impact of this Regulation on fundamental rights, in particular freedom of expression and information. Where appropriate, the report shall be accompanied by legislative proposals. Member States shall provide the Commission with the information necessary for the preparation of the report.

2019/02/25
Committee: LIBE

2018/0236(COD)

Draft legislative resolution
Citation 5 a (new)

– having regard to the Commission communication of 14 September 2016 entitled ‘Connectivity for a Competitive Digital Single Market – Towards a European Gigabit Society’ (COM(2016)0587) and the accompanying Commission staff working document (SWD(2016)0300),

2018/09/10
Committee: ITRE

2018/0236(COD)

Draft legislative resolution
Citation 5 b (new)

– having regard to the Commission communication of 14 September 2016 entitled ‘5G for Europe: An Action Plan’ (COM(2016)0588) and the accompanying Commission staff working document (SWD(2016)0306),

2018/09/10
Committee: ITRE

2018/0236(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)

(ea) An initiative that support the inclusion of Very High Throughput Satellites in pan-European and Member States’ plans to eradicate the Digital Divide and develop and sustain the Digital Single Market infrastructures and policies.

2018/09/10
Committee: ITRE

2018/0236(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point f

(f) support and reinforce the competitiveness, entrepreneurship, skills and capacity to innovate of legal and natural persons from the Union active or wishing to become active in that sector, with particular regard to the position and needs of small and medium-sized enterprises and start-ups.foster the development of a competitive Union space economy in support of the entire value chain (space and ground segment, Earth observation, navigation and communications)and maximise opportunities for Union enterprises of all sizes, in particular small and medium-sized enterprises, new entrants and start-ups, to develop and provide innovative space systems and services;

2018/09/10
Committee: ITRE

2018/0236(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)

(aa) establishing common frameworks in order to realise the full potential of the public administrations’ services for citizens and businesses;

2018/09/10
Committee: ITRE

2018/0236(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)

(ba) design, testing, implementation and deployment of interoperable space solutions for public services delivered through data-driven reusable solutions platforms;

2018/09/10
Committee: ITRE

2018/0236(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point e

(e) provision of education ~~and training activitie~~through the design and delivery of long-term training courses for students and professionals;

2018/09/10
Committee: ITRE

2018/0236(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1

The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR [16,3] billion in current prices.

2018/09/10
Committee: ITRE

2018/0236(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2 – point c a (new)

(ca) for satellite connectivity: EUR [0,3] billion.

2018/09/10
Committee: ITRE

2018/0227(COD)

Pilar DEL CASTILLO VERA, Michał BONI, Francisco de Paula GAMBUS MILLET, Krišjānis KARIŅŠ, Gunnar HÖKMARK, Angelika NIEBLER

Proposal for a regulation
Recital 6 a (new)

(6a) In accordance with the Commission initiative to reinforce the Investment Plan for Europe and invites to continue it post-2020 with its focus on infrastructure and connectivity allow building the Gigabit Society;

2018/09/13
Committee: ITRE

2018/0227(COD)

Proposal for a regulation
Recital 8

(8) The Commission's Communication on 'A new, modern Multiannual Financial Framework for a European Union that delivers efficiently on its priorities post- 2020'57 outlines among the options for the future financial framework a programme for Europe's digital transformations to deliver 'strong progress towards smart growth in areas such as high quality data infrastructure, connectivity, digitalization of public administrations and cybersecurity'. It would seek to secure European leadership in supercomputing, next generation internet, artificial intelligence, robotics and big data. It would reinforce the competitive position of industry and businesses in Europe across the digitised economy and would have a significant impact on filling the skills gap across the Union. _________________ 57 COM(2018) 98 final

2018/09/13
Committee: ITRE

2018/0227(COD)

Proposal for a regulation
Recital 9 a (new)

(9a) The Commission communication ‘Connectivity for a Competitive Digital Single Market – Towards a European Gigabit Society’ (COM(2016)0587) and the accompanying Commission staff working document (SWD(2016)0300), stresses that 5G will be a key building block of the gigabit society, representing the standard for the future in mobile communication technologies, and an engine for innovation, bringing disruptive economic change and creating new use cases, high-quality services and products, revenue streams and business models and opportunities, and whereas it is expected to boost the competitiveness of industries and should provide consumer satisfaction;

2018/09/13
Committee: ITRE

2018/0227(COD)

Pilar DEL CASTILLO VERA, Michał BONI, Francisco de Paula GAMBUS MILLET, Krišjānis KARIŅŠ, Gunnar HÖKMARK, Angelika NIEBLER

Proposal for a regulation
Recital 9 b (new)

(9b) The future of European society and the European economy will strongly rely on 5G infrastructure, which will require an infrastructure objective regarding VHC networks, with the aim of providing high-quality and faster communication services;

2018/09/13
Committee: ITRE

2018/0227(COD)

Proposal for a regulation
Recital 11

(11) A central role in the implementation of the Programme should be attributed to Digital Innovation Hubs, which should stimulate the broad adoption of advanced digital technologies by industry, by public organisations and academia. A network of Digital Innovation Hubs should ensure the widest geographical coverage across Europe59 . A first set of Digital Innovation Hubs will be selected based on Member States’ proposals and then the network will be enlarged through an open, transparent and competitive process. The Digital Innovation Hubs will serve as access points to latest digital capacities including high performance computing (HPC), artificial intelligence, cybersecurity, as well as other existing innovative technologies such as Key Enabling Technologies, available also in fablabs or citylabs. They shall act as single-entry points in accessing tested and validated technologies and promote open innovation. They will also provide support in the area of advanced digital skills. The network of Digital Innovation Hubs should also contribute to the participation of the outermost regions in the Digital Single Market. _________________ 59 As indicated in the Communication on Digitising European Industry (COM(2016) 180 final)

2018/09/13
Committee: ITRE

2018/0227(COD)

Pilar DEL CASTILLO VERA, Michał BONI, Francisco de Paula GAMBUS MILLET, Gunnar HÖKMARK, Angelika NIEBLER

Proposal for a regulation
Recital 12

(12) The Programme should be implemented through projects reinforcing essential digital capacities and their wide use. To this ~~should involve~~end the programme should ensure an EU budget of at least 9.2 billion euro complemented with co-investments ~~with~~from Member States and, when needed, the private sector. This should notably require reaching a critical mass in procurement to obtain better value for money and guarantee that suppliers in Europe stay at the forefront of technology advancements.

2018/09/13
Committee: ITRE

2018/0227(COD)

Pilar DEL CASTILLO VERA, Michał BONI, Francisco de Paula GAMBUS MILLET, Krišjānis KARIŅŠ, Gunnar HÖKMARK, Angelika NIEBLER

Proposal for a regulation
Recital 25

(25) The European Council in its conclusions of 19 October 2017 stressed that to successfully build a Digital Europe, the Union needs in particular labour markets, training and education systems fit for the digital age and that there is a need to invest in digital skills development and improve the digital literacy, to empower and enable all Europeans;

2018/09/13
Committee: ITRE

2018/0227(COD)

Proposal for a regulation
Recital 28

(28) The advanced digital technologies supported by this Programme, such as high performance computing, cybersecurity; cloud computing, data protection and artificial intelligence are now sufficiently mature to move beyond the research arena and be deployed, implemented and scaled- up at Union level. Just as the deployment of these technologies require a Union response so does the skills dimension. Training opportunities in advanced digital skills need to be scaled up, increased and made accessible throughout the EU. Failing this could impede the smooth deployment of advanced digital technologies and hamper the overall competitiveness of Union's economy. The actions supported by this programme are complementary to those supported by the ESF, ERDF and Horizon Europe programmes.

2018/09/13
Committee: ITRE

2018/0227(COD)

Pilar DEL CASTILLO VERA, Michał BONI, Francisco de Paula GAMBUS MILLET, Krišjānis KARIŅŠ, Gunnar HÖKMARK, Angelika NIEBLER

Proposal for a regulation
Recital 46 a (new)

(46a) In order to ensure, maintain and develop long term financing for the Digital Europe Programme it requires clear, common EU rules that are future- oriented and pro-competitive in order to drive investment and innovation and preserve affordability;

2018/09/13
Committee: ITRE

2018/0227(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point e

(e) 'Digital Innovation Hub' means legal entity designated or selected in an open, transparent and competitive procedure in order to fulfil the tasks under the Programme, in particular providing access to technological expertise and experimentation facilities, such as equipment and software tools to enable the digital transformation of the industry.

2018/09/13
Committee: ITRE

2018/0227(COD)

Pilar DEL CASTILLO VERA, Michał BONI, Francisco de Paula GAMBUS MILLET, Krišjānis KARIŅŠ, Gunnar HÖKMARK, Angelika NIEBLER

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

The financial intervention by the Union under Specific Objective 4. Advanced Digital skills shall support the development of advanced digital skills in areas supported by this programme, thus contributing to increase Europe's talent pool, fostering greater professionalism, especially with regard to high performance computing, big data analytics, cybersecurity, cloud computing, data protection competencies, distributed ledger technologies, robotics and artificial intelligence. The financial intervention shall pursue the following operational objectives:

2018/09/13
Committee: ITRE

2018/0227(COD)

Pilar DEL CASTILLO VERA, Michał BONI, Francisco de Paula GAMBUS MILLET, Krišjānis KARIŅŠ, Gunnar HÖKMARK, Angelika NIEBLER

Proposal for a regulation
Article 7 – paragraph 1 – point a

(a) support the design and delivery of long-term trainings and high quality courses for students, teachers, IT professionals and the workforce, including public servants;

2018/09/13
Committee: ITRE

2018/0227(COD)

Pilar DEL CASTILLO VERA, Michał BONI, Francisco de Paula GAMBUS MILLET, Krišjānis KARIŅŠ, Gunnar HÖKMARK, Angelika NIEBLER

Proposal for a regulation
Article 7 – paragraph 1 – point b

(b) support the design and delivery of short-term trainings and high quality courses for entrepreneurs, teachers, small business leaders and the workforce, including public servants;

2018/09/13
Committee: ITRE

2018/0227(COD)

Pilar DEL CASTILLO VERA, Michał BONI, Francisco de Paula GAMBUS MILLET, Krišjānis KARIŅŠ, Gunnar HÖKMARK, Angelika NIEBLER

Proposal for a regulation
Article 8 – paragraph 1 – point e

(e) support the uptake of advanced digital and related technologies, including in particular high performance computing, artificial intelligence, cybersecurity, data protection, cloud computing and future emerging technologies by the Union industry, notably SMEs;

2018/09/13
Committee: ITRE

2018/0227(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point f

(f) support the design, maintain, testing, implementation and deployment of interoperable digital solutions for EU level public services delivered through a data- driven reusable solutions platform, fostering innovation and establishing common frameworks in order to unleash the full potential of the public administrations’ services for European citizens and businesses;

2018/09/13
Committee: ITRE

2018/0227(COD)

Pilar DEL CASTILLO VERA, Michał BONI, Francisco de Paula GAMBUS MILLET, Krišjānis KARIŅŠ, Gunnar HÖKMARK, Angelika NIEBLER

Proposal for a regulation
Article 8 – paragraph 1 – point g a (new)

(ga) promote intersectoral, cross- lingual and cross-border interoperability, and support privacy-friendly, reliable, secure and energy-efficient digital services as an integral part of a common strategy focusing on maximising the opportunities to achieve trust through a bottom-up, all-inclusive open and cooperative approach;

2018/09/13
Committee: ITRE

2018/0227(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 4 – introductory part

4. 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 Commission has undergone a case by case assessment that their participation contributes to the achievement of the objectives of the programme in the Union and is compliant with the security requirements in accordance with article 12, and that the agreement

2018/09/13
Committee: ITRE

2018/0227(COD)

Pilar DEL CASTILLO VERA, Michał BONI, Francisco de Paula GAMBUS MILLET, Gunnar HÖKMARK, Angelika NIEBLER

Proposal for a regulation
Article 13 – paragraph 1

1. The Programme is designed to be implemented enabling synergies, as further described in Annex III, with other Union funding programmes, in particular through arrangements for complementary funding from EU programmes where management modalities permit; either in sequence, in an alternating way, or through the combination of funds including for the joint funding of actions. The Commission shall ensure that when leveraging the complementary character of the programme with other European programmes, in particular ESF, ERDF, Horizon Europe and CEF-2, the achievement of the specific objectives set in articles 4 to 8 are not hampered.

2018/09/13
Committee: ITRE

2018/0227(COD)

Pilar DEL CASTILLO VERA, Michał BONI, Francisco de Paula GAMBUS MILLET, Krišjānis KARIŅŠ, Gunnar HÖKMARK, Angelika NIEBLER

Proposal for a regulation
Article 13 – paragraph 2

2. Appropriate mechanisms of coordination between relevant authorities, and between authorities and the European Commission, and appropriate monitoring tools shall be established to systematically ensure synergies between the Programme and any relevant EU funding instruments. The arrangements shall contribute to avoiding duplications and maximising impact of expenditure.

2018/09/13
Committee: ITRE

2018/0227(COD)

Pilar DEL CASTILLO VERA, Michał BONI, Francisco de Paula GAMBUS MILLET, Krišjānis KARIŅŠ, Gunnar HÖKMARK, Angelika NIEBLER

Proposal for a regulation
Article 16 – paragraph 2 – introductory part

2. For the purpose of the establishment of the network mentioned in paragraph 1, each Member State shall designate candidate entities through an open, transparent and competitive process, on the basis of the following criteria:

2018/09/13
Committee: ITRE

2018/0227(COD)

Pilar DEL CASTILLO VERA, Michał BONI, Francisco de Paula GAMBUS MILLET, Gunnar HÖKMARK, Angelika NIEBLER

Proposal for a regulation
Article 25 – paragraph 2

2. The interim evaluation of the Programme shall be performed once there is sufficient information available about the implementation of the Programme, but no later than four years after the start of the implementation of the Programme. The interim evaluation shall be presented in the European Parliament.

2018/09/13
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Recital 6

(6) The Specific Programme's actions should be used to reinforce, widen and extend Union's scientific and technological base, tackle major global societal challenges, increase the Union's knowledge and industrial leadership, as well as address market failures or sub- optimal investment situations, in a proportionate manner, safeguarding clear European added value from R&I investments, fully using R&I potential of all Member States, without duplicating or crowding out private financing ~~and have a clear European added value~~.

2018/09/12
Committee: ITRE

2018/0225(COD)

Krišjānis KARIŅŠ, Clare MOODY, Christian EHLER, Evžen TOŠENOVSKÝ, Barbara KUDRYCKA, Michał BONI

Proposal for a decision
Recital 8

(8) The completion of the Digital Single Market and the growing opportunities from the convergence of digital and physical technologies requires a stepping up of investments. Horizon Europe will contribute to these efforts with a ~~substantial~~n appropriate increase of spending in main digital research and innovation activities compared to the Research and Innovation Framework Programme Horizon 20206 . This should ensure that Europe remains at the forefront of global research and innovation in the digital field. _________________ 6 The Communication from the Commission "A new, modern Multiannual Financial Framework for a European Union that deliver efficiently on its priorities post-2020" identifies EUR 13 billion spent in main digital activities under the Research and Innovation Framework Programme Horizon 2020 (https://eur- lex.europa.eu/legal- content/en/ALL/?uri=CELEX%3A52018D C0098).

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Recital 8

(8) The completion of the Digital Single Market and the growing opportunities from the convergence of digital and physical technologies requires a stepping up of investments. Horizon Europe will adequately contribute to these efforts ~~with a substantial increase of spend~~investing in main digital research and innovation activities compared to the Research and Innovation Framework Programme Horizon 20206 . This should ensure that Europe remains at the forefront of global research and innovation in the digital field. _________________ 6 The Communication from the Commission "A new, modern Multiannual Financial Framework for a European Union that deliver efficiently on its priorities post-2020" identifies EUR 13 billion spent in main digital activities under the Research and Innovation Framework Programme Horizon 2020 (https://eur- lex.europa.eu/legal- content/en/ALL/?uri=CELEX%3A52018D C0098).

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Krišjānis KARIŅŠ, Algirdas SAUDARGAS, Michał BONI, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Dan NICA, Janusz LEWANDOWSKI

Proposal for a decision
Article 2 – paragraph 2 – point a a (new)

(a a) widening participation in the Programme, including underrepresented EU Member States and EU R&I institutions

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Krišjānis KARIŅŠ, Algirdas SAUDARGAS, Michał BONI, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Janusz LEWANDOWSKI

Proposal for a decision
Article 2 – paragraph 2 – point c

(c) connecting ~~and~~, developing and facilitating wide access to research infrastructures across the European rResearch ~~area;~~Area and enhancing its involvement in Horizon Europe’s projects

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA

Proposal for a decision
Article 2 – paragraph 2 – point n

(n) improving skills for research and innovation;

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA

Proposal for a decision
Article 3 – paragraph 1 – point 2 – point b

(b) cluster 'Inclusive ~~and Secure~~ Society', as described in Annex I, Pillar II, section 2;

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA

Proposal for a decision
Article 3 – paragraph 1 – point 2 – point b a (new)

(b a) cluster 'Secure Society'

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA

Proposal for a decision
Article 3 – paragraph 1 – point 4 – introductory part

(4) PCross-cutting part 'Strengthening the European Research Area' with the following components:

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA

Proposal for a decision
Article 3 – paragraph 1 – point 4 – point a

(a) s~~har~~preading excellence and widening participation, as described in Annex I, Part 'Strengthening the European Research Area', section 1;

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA

Proposal for a decision
Article 3 – paragraph 1 – point 4 a (new)

(4 a) citizens and science , as described in Annex I, part “Strenghtening the European Reseach Area'

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Krišjānis KARIŅŠ, Michał BONI, Algirdas SAUDARGAS, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Janusz LEWANDOWSKI

Proposal for a decision
Article 4 – paragraph 1

1. In accordance with Article 9(1)of Regulation … FP/RfP Regulation, the financial envelope for the implementation of the Specific Programme for the period 2021 to 2027 shall be EUR ~~94 1~~120 000 000 000 in c~~urre~~onstant prices.

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA

Proposal for a decision
Article 5 – paragraph 1 – introductory part

1. For each mission, a mission board may be established for co-designing and steering implementation. It shall be composed of around 15 high level individuals including relevant end-users' representatives. The mission board shall include, inter alia, representatives from academia, research and technology organisations, industry of all sizes, including SMEs, and relevant end-users' representatives and civil society organisations. The members of the mission board shall be appointed by the Commission, following an independent and transparent procedure for their selection, including an open call for expressions of interest. They shall advise upon the following:

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA

Proposal for a decision
Article 5 – paragraph 2 a (new)

2 a. Missions shall be implemented through collaborative calls for proposals within the work programmes. Calls for proposals shall allow for excellence- driven projects of all research, technological and societal readiness levels.

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA

Proposal for a decision
Article 7 – paragraph 4

4. The Scientific Council shall act exclusively in the interest of achieving the ERC’s goals, according to the principles set out in Article 6. It shall act with integrity and probity and carry out its work efficiently and with the greatest possible transparency, maximising ERC’s contribution to achieving the EU R&I policy objectives and Horizon Europe’s goals in particular.

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Algirdas SAUDARGAS, Michał BONI, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Janusz LEWANDOWSKI

Proposal for a decision
Article 9 – paragraph 1

1. The Commission shall establish a European Innovation Council (EIC) for implementing actions under Pillar III '~~Open~~ Innovationve Europe' which relate to the EIC. The EIC shall operate according to the following principles: focus on ~~breakthrough and disruptive~~new ideas, which could lead to breakthrough and disruptive societal, economic and technological innovation, autonomy, ability to take risk, efficiency, effectiveness, transparency and accountability, while strengthening EU global competitiveness and R&I capacity of all EU Member States.

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a decision
Article 9 – paragraph 1 a (new)

1 a. The EIC will be responsible for two instruments, the Pathfinder and the Accelerator, as described in Annex I of this Decision. Both instruments shall aim to develop new innovation patterns capable of supporting research-driven innovation in a systemic way.

2018/09/12
Committee: ITRE

2018/0225(COD)

Michał BONI, Pilar DEL CASTILLO VERA, Lambert van NISTELROOIJ, Henna VIRKKUNEN, Barbara KUDRYCKA

Proposal for a decision
Article 9 – paragraph 4 a (new)

4 a. The Commission shall ensure close cooperation between EIT KICs the wider Framework Programme.

2018/09/12
Committee: ITRE

2018/0225(COD)

Krišjānis KARIŅŠ, Clare MOODY, Christian EHLER, Evžen TOŠENOVSKÝ, Barbara KUDRYCKA, Michał BONI, Lambert van NISTELROOIJ

Proposal for a decision
Article 10 – paragraph 2 – subparagraph 1 – introductory part

The EIC Board may upon request, and in coordination with the EIT Governing Board, address recommendations to the Commission on:

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Article 10 – paragraph 3 – subparagraph 1

The EIC Board shall be composed of 15 to 20 high level individuals drawn from various parts of Europe's research and innovation ecosystem, including entrepreneurs, ~~corporate leader~~industrial leaders, economists, investors ~~and~~, researchers and academic experts on innovation policy. It shall contribute to outreach actions, with EIC Board members striving to enhance the prestige of the EIC brand.

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Article 10 – paragraph 4 – subparagraph 3

The President shall chair the EIC Board, prepare its meetings, assign tasks to members, and may establish dedicated sub- groups, in particular to identify emerging technology trends from EIC's portfolio. He or she shall promote the EIC and its role in achieving EU R&I goals, act as interlocutor with the Commission and represent the EIC in the world of research and innovation. The Commission may provide for administrative support for the President to undertake his or her duties.

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Article 11 – paragraph 1 – subparagraph 1

The ~~Programme shall be implemented by work programmes referred to in Article 110 of Financial Regulation. They shall be prepared f~~implementation of the Specific Programme shall be based on R&I plans forming a part of the Programme’s legal base. Following athe strategic ~~planning process as described in Annex I to this Decis~~R&I plan, the Programme shall be implemented by work programmes referred to in Article 110 of Financial Regulation.

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Krišjānis KARIŅŠ, Algirdas SAUDARGAS, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Janusz LEWANDOWSKI

Proposal for a decision
Article 11 – paragraph 2 – point b

(b) all clusters under the pillar 'Global Challenges and Industrial Competitiveness', MSCA, research infrastructures, support to research and innovation ecosystems, s~~har~~preading excellence and widening participation, reforming and enhancing the European R&I System, in accordance with the examination procedure referred to in Article 12(4);

2018/09/12
Committee: ITRE

2018/0225(COD)

Krišjānis KARIŅŠ, Clare MOODY, Evžen TOŠENOVSKÝ, Barbara KUDRYCKA, Michał BONI

Proposal for a decision
Annex I – paragraph 1

The implementation of Horizon Europe's programme-level objectives in an integrated manner will be ensured by multiannual Strategic Planning. Such planning will provide the focus on impact for the Programme overall and coherence between its different pillars, as well as synergy with other EU programmes and support to and from other EU policies. is steered by an inclusive and transparent strategic planning process of the research and innovation activities funded by the Programme. The Strategic Planning process shall lead to the implementation of Horizon Europe's programme-level objectives thereby defining the funding priorities. It will provide focus on impact for the Programme and coherence between its different pillars, as well as synergy with other EU programmes and support to and from other EU policies. The strategic planning process and the adoption of the strategic R&I plan through a delegated act shall increase ownership and understanding for the purpose of the programme by a wider public and will allow the co-legislators, stakeholders and Member States to be fully informed on the envisaged initiatives. The Strategic Planning will help to develop and implement policy for the relevant areas covered, at EU level as well as complementing policies in the Member States. It will allow simplification of the funding landscape, avoid duplication and overlaps between funding possibilities and promote faster dissemination and uptake of research and innovation results. In order to respond to these objectives, the Commission will launch an open consultation phase with Member States, the European Parliament, stakeholders, including civil society organisations, about the strategic priorities including missions, under the Global Challenges and European Industrial Competitiveness pillar, and the suitable types of instruments, in particular the European partnerships. All partnerships and missions or any other strategic new initiative shall be identified in this Strategic R&I Plan before being implemented in work programmes. As regards European partnerships, the Strategic R&I Plan will outline and give the rationale for the creation, merge and phasing out of the European partnerships. All well-established partnerships, such as the Joint Technology Initiatives, will be considered for continuation beyond 2020 due to their added-value in bringing and leveraging private investment and contribution to synergies of funds (i.e. Clean Sky has signed partnerships with 17 Member States and regions around Europe). As in Horizon 2020, proposals for Joint Undertakings will be presented as Council Regulations. On-going and new KICs will be defined in the legislative proposal for a Decision of the European Parliament and the Council on the EIT Strategic Innovation Agenda. Nevertheless, the creation of any new KIC should entail additional and adequate budgetary resources, not to undermine the objectives and the commitments of the existing KICs. 'FET Flagships' supported under Horizon (currently Graphene Flagship, Human Brain Project, Quantum Flagship) will continue to be supported under the Programme. As they present substantial analogies with missions, other 'FET flagships', if any, maybe be supported under this Framework Programme as missions geared towards future and emerging technologies. The missions should strengthen the collaborative aspects of the Programme and reinforce existing European partnerships, which could work as supporting implementation pillars of the missions. The missions will have technological and societal elements and will be defined in close cooperation with all relevant DGs. The Strategic Planning will identify existing links between Horizon Europe and other Union Programmes, including the Euratom programme, which offer possibilities for synergies between EU funds. Horizon Europe will become a point of reference for research and innovation in all related programmes across the EU budget and non-funding instruments. This will also promote faster dissemination and uptake of research and innovation results and avoid duplication and overlaps between funding possibilities. It will provide the frame for linking the direct research actions of the Joint Research Centre and other actions supported under the Programme, including the use of results for support to policy.

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – paragraph 1

The implementation of Horizon Europe~~'s programme-level objectives in an integrated manner will be ensured by multiannual S~~ shall be steered by an inclusive and transparent strategic Pplanning~~. Such planning~~ process of the research and innovation activities funded by the Programme. It will provide the focus on impact for the Programme ~~overall~~ and coherence between its different p~~ill~~arts, as well as synergy with other EU programmes and support to and from other EU policies. The strategic planning process and the adoption of the strategic R&I plans, forming a part of the legal base of the Programme, will increase ownership and understanding for the purpose of the Programme by a wider public and will allow the co-legislators, stakeholders and Member States to be fully informed on the envisaged initiatives. The Strategic Planning will help to develop and implement policy for the relevant areas covered, at Union level as well as complementing policies in the Member States. It will allow the simplification of the funding landscape, avoid duplication and overlaps between funding possibilities and promote faster dissemination and uptake of research and innovation results.

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – paragraph 3

It will include extensive consultations and exchanges with Member States, the European Parliament ~~as appropriate~~, and with various stakeholders about priorities, including missions, under the 'Global Challenges and Industrial Competitiveness' pillar, and the suitable types of action to use, in particular European partnerships.

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – paragraph 4

Based on such extensive consultations, the Strategic Planning will identify common objectives and common areas for activities such as partnership areas (the proposed legal basis sets out only the instruments and criteria that will guide their use) and mission areas.deleted

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – paragraph 11

Those 'FET Flagships' supported under Horizon 2020, which have proven their benefits for the Union, provide clear EU added value, contribute significantly to the EU global competitiveness, strengthen the EU knowledge base and contribute to the improved well-being of the EU citizens, will continue to be supported under this Programme. As they present substantial analogies with missions, other 'FET flagships', if any, will be supported under this Framework Programme as missions geared towards future and emerging technologies.

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – part I – point 1 – point 1.2 – point 1.2.1 – paragraph 2 – indent 2

– Starting researchers with excellent ideas in any field of research, both basic and applied one, to make the transition to independence while consolidating their own research team or programme;

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Algirdas SAUDARGAS, Janusz LEWANDOWSKI

Proposal for a decision
Annex I – part I – point 2 – point 2.1 – paragraph 2

Europe is a scientific powerhouse with around 1.8 million researchers working in thousands of universities, research centres and world-leading companies. However, it is estimated that the EU will need to train and employ at least one million new researchers by 2027 in order to achieve the targets beings set for increased investment in research and innovation. This need is particularly acute in the non-academic sector. The EU must reinforce its efforts to entice more young women and men to a career in research, to attract researchers from third countries, retain its own researchers and reintegrate European researchers working elsewhere back to Europe. To achieve that goal, attention should be paid to schemes facilitating the balance between family and work life, including adding more flexibility for researchers of both sexes to facilitate the reconciliation of work and family life. Guaranteeing full gender equality in all sectors including science, technology and innovation is an essential condition for global economic development. In addition, in order to ensure synergies and more widely spread excellence, the Seal of Excellence label will continue to be applied to calls under MSCA; the conditions under which researchers perform must be further improved throughout the European Research Area (ERA), including addressing the remuneration gap among researchers from different EU Members States involved in the EU R&I Framework Programmes’ projects. In this respect, stronger links are needed notably with the European Education Area (EEdA), the European Regional Development Fund (ERDF), and European Social Fund (ESF+).

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – part I – point 3 – point 3.1 – paragraph 1

State of the art research infrastructures provide key services to research and innovation communities, playing an essential role in extending the frontiers of knowledge. Supporting research infrastructures at the EU level , including small and medium-sized ones and particularly those financed from ERDF, helps to mitigate what in many cases is the reality of scattered national research infrastructures and pockets of scientific excellence, as well as ~~tackl~~increasing the ~~low~~ circulation of knowledge across silos.

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Algirdas SAUDARGAS, Janusz LEWANDOWSKI

Proposal for a decision
Annex I – part I – point 3 – point 3.1 – paragraph 2

The overall aim is to ~~endow Europe~~improve Europe's endowment with world-class sustainable research infrastructures, including small and medium-sized ones, open and accessible to all researchers in Europe and beyond, which fully exploit their potential for scientific advance and innovation. Key objectives are to reduce the fragmentation of the research and innovation ecosystem, ensure continuous modernisation, avoiding duplication of effort, and better coordinate the development ~~and use of research infrastructur~~, use and accessibility of research infrastructures as well as its better involvement in Horizon Europe’s projects, including research infrastructures founded by the EU, particularly from ERDF. This will provide clear synergies between Horizon Europe and conducted national and regional R&I strategies. It is also crucial to support open access to research infrastructures for all European researchers as well as, through the European Open Science Cloud (hereafter 'EOSC'), increased access to digital research resources, specifically tackling the currently sub-optimal embracement of open science and open data practises. Equally, the EU needs to tackle the rapid increase of global competition for talent by attracting third country researchers to work with European world-class research infrastructures. Increasing the competitiveness of European industry is also a major objective, supporting key technologies and services relevant for research infrastructures and their users, thus improving the conditions for supply and utilisation of innovative solutions.

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – part I – point 3 – point 3.1 – paragraph 3

Past framework programmes have made a significant contribution towards the more efficient and effective use of national infrastructures and towards the removal of barriers for use by all areas of European research through trans-national access, as well as developed with the European Strategy Forum on Research Infrastructures (ESFRI) a coherent and strategy-led approach to policy making on pan-European research infrastructures. This strategic approach has generated clear advantages, including reducing duplication of effort with more efficient overall use of resources, as well as standardising and harmonising processes and procedures. Creating new excellent R&I networks on the base of research infrastructures founded by the EU seems to be a natural challenge for Horizon Europe.

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – part I – point 3 – point 3.2 – point 3.2.1 – paragraph 1

The establishment, operation and long-term sustainability of research infrastructures ~~identified by ESFRI~~, including the ones identified by ESFRI as wel las maximising their involvement in excellent Horizon Europe’s projects is essential for the EU to ensure a leading position in frontier research, the creation and use of knowledge and the competitiveness of its industries.

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – part II – paragraph 6

Clusters will support knowledge creation in all its stages of development, including early-stage basic and applied research activities. Clusters will also develop and apply digital, key enabling and emerging technologies as part of a common strategy to promote the EU's industrial leadership. Where appropriate this will use EU space- enabled data and services.

2018/09/12
Committee: ITRE

2018/0225(COD)

Michał BONI, Pilar DEL CASTILLO VERA, Lambert van NISTELROOIJ, Henna VIRKKUNEN, Barbara KUDRYCKA

Proposal for a decision
Annex I – part II – point 1 – point 1.1 – paragraph 4 a (new)

Digital health solutions has created many opportunities to solve the problems of care services and to address the other emerging issues of ageing society. Digital devices and software have been developed to diagnose and treat illness and chronic disease, facilitate the self-management of chronic diseases and help people monitor their bodily functions and activities. Digital technologies are increasingly used in medical training and education and for patients and other healthcare consumers to access, share and create health information.

2018/09/12
Committee: ITRE

2018/0225(COD)

Michał BONI, Pilar DEL CASTILLO VERA, Lambert van NISTELROOIJ, Henna VIRKKUNEN, Barbara KUDRYCKA

Proposal for a decision
Annex I – part II – point 1 – point 1.2 – point 1.2.1 – paragraph 1 – subparagraph 1 (new)

The Commission shall support a necessity for improving patient adherence model which is based on the most stable findings from meta-analyses and large-scale empirical studies, reflects the realities of medical practice and offers recommendations for assessing and enhancing patient adherence, particularly in chronic disease management. The adherence model is a key modern factor for measuring the efficiency and effectiveness of the healthcare systems

2018/09/12
Committee: ITRE

2018/0225(COD)

Michał BONI, Pilar DEL CASTILLO VERA, Lambert van NISTELROOIJ, Henna VIRKKUNEN, Barbara KUDRYCKA

Proposal for a decision
Annex I – part II – point 1 – point 1.2 – point 1.2.2 – paragraph 1 a (new)

Healthcare professionals and a patient- centric imperative have to be at the centre of all digital innovation, which contains: full implementation of all possible new technologies, well designed physicians preparation, improved organisational systems using new digital instruments, openness of all partners of healthcare for innovative solutions.

2018/09/12
Committee: ITRE

2018/0225(COD)

Michał BONI, Pilar DEL CASTILLO VERA, Lambert van NISTELROOIJ, Henna VIRKKUNEN, Barbara KUDRYCKA

Proposal for a decision
Annex I – part II – point 1 – point 1.2 – point 1.2.5 – paragraph 1

Health technologies and tools are vital for public health and contributed to a large extent to the important improvements achieved in the quality of life, health and care of people, in the EU. It is thus a key strategic challenge to design, develop, deliver and implement suitable, trustable, safe, and cost-effective tools and technologies for health and care, taking due account of the needs of people with disabilities and the aging society. These include artificial intelligence, big data, quantum technology, cloud and other digital technologies, offering significant improvements over existing ones, as well as stimulating a competitive and sustainable health-related industry that creates high-value jobs. The European health-related industry is one of the critical economic sectors in the EU, accounting for 3% of GDP and 1.5 million employees.

2018/09/12
Committee: ITRE

2018/0225(COD)

Michał BONI, Pilar DEL CASTILLO VERA, Lambert van NISTELROOIJ, Henna VIRKKUNEN, Barbara KUDRYCKA

Proposal for a decision
Annex I – part II – point 1 – point 1.2 – point 1.2.6 – paragraph 1

Health systems are a key asset of the EU social systems, accounting for 24 million employees in the health and social work sector in 2017. It is a main priority to render health systems accessible, cost- effective, resilient, sustainable and trusted as well as to reduce inequalities, including by unleashing the potential of data-driven and digital innovation for better health and person-centred care building on open European data infrastructures. This will advance the digital transformation of health and care. The future infrastructure should rely on secure storages, 5G deployment, conditions for IoT development, processing healthcare Big Data in High Performance Computing Centres.

2018/09/12
Committee: ITRE

2018/0225(COD)

Michał BONI, Pilar DEL CASTILLO VERA, Lambert van NISTELROOIJ, Henna VIRKKUNEN, Barbara KUDRYCKA

Proposal for a decision
Annex I – part II – point 1 – point 1.2 – point 1.2.6 – paragraph 2 – indent 6

– Improving timely health information and use of health data, including electronic health records, with due attention to security, trust, privacy, interoperability, standards, comparability and integrity;

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – part II – point 2 – introductory part

2. CLUSTER 'INCLUSIVE ~~AND SECURE~~ SOCIETY'

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – part II – point 2 – point 2.1 – paragraph 1

The EU stands for a unique way of combining economic growth with social policies, with high levels of social inclusion, shared values embracing democracy, human rights, gender equality and the richness of diversity. This model is constantly evolving and needs to deal with the challenges from amongst other things, globalisation and technological change. Europe also has to respond to the challenges arising from persistent security threats. Terrorist attacks and radicalisation, as well as cyber-attacks and hybrid threats, raise major security concerns and put particular strain on societies.

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – part II – point 2 – point 2.1 – paragraph 3

European citizens, state institutions and the economy need to be protected from the continued threats of organised crime, including firearms trafficking, drug trafficking and trafficking in human beings. Strengthening protection and security through better border management is also key. Cybercrime is on the increase and related risks are diversifying as the economy and society digitalise. Europe needs to continue its effots to improve cybersecurity, digital privacy, personal data protection and combat the spread of false and harmful information in order to safeguard democratic and economic stability. Lastly, further efforts are required to limit the effects on lives and livelihoods of extreme weather events which are intensifying due to climate change, such as floods, storms or droughts leading to forest fires, land degradation and other natural disasters, e.g. earthquakes. Disasters, whether natural or man-made, can put at risk important societal functions, such as health, energy supply and government.deleted

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – part II – point 2 – point 2.1 – paragraph 5

Security research is part of the wider comprehensive EU response to security threats. It contributes to the capability development process by enabling the future availability of technologies and applications to fill capability gaps identified by policy-makers and practitioners. Already, funding to research through the EU's framework programme has represented around 50% of total public funding for security research in the EU. Full use will be made of available instruments, including the European space programme (Galileo and EGNOS, Copernicus, Space Situational Awareness and Governmental Satellite Communications). Synergies are sought with the activities supported by EU- funded defence research and duplication of funding is avoided. Cross-border collaboration contributes to developing a European single security market and improving industrial performance, underpinning the EU's autonomy.deleted

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – part II – point 2 – point 2.2 – point 2.2.4 – paragraph 1

Disasters arise from multiple sources, whether natural or man-made, including those from terrorist attacks, climate- related and other extreme events (including from sea level rises), from forest fires, heat waves, floods, earthquakes, tsunamis and volcanic events, from water crises, from space weather events, from industrial and transport disasters, from CBRN events, as well as those from resulting cascading risks. The aim is to prevent and reduce the loss of life, harm to health and the environment, economic and material damage from disasters, ensure food security as well as to improve the understanding and reduction of disaster risks and post-disaster lesson learning.deleted

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – part II – point 2 – point 2.2 – point 2.2.4 – paragraph 2

Broad Lines – Technologies and capabilities for first responders for emergency operations in crisis and disaster situations; – The capacities of society to better manage and reduce disaster risk, including through nature-based solutions, by enhancing prevention, preparedness and response to existing and new risks – Interoperability of equipment and procedures to facilitate cross-border operational cooperation and an integrated EU market.deleted

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – part II – point 2 – point 2.2 – point 2.2.5

2.2.5. Protection and Security There is a need to protect citizens from and to respond to security threats from criminal including terrorist activities and hybrid threats; to protect people, public spaces and critical infrastructure, from both physical (including CBRN-E) attacks and cyber-attacks; to fight terrorism and radicalisation, including understanding and tackling terrorist ideas and beliefs; to prevent and fight serious crime, including cybercrime, and organised crime; to support victims; to trace criminal financial flows; to support the use of data for law enforcement and to ensure the protection of personal data in law enforcement activities; to support air, land and sea EU border management, for flows of people and goods. It is essential to maintain flexibility rapidly to address new security challenges that may arise. Broad Lines – Innovative approaches and technologies for security practitioners (such as police forces, border and coast guards, customs offices), public health practitioners, operators of infrastructure and those managing open spaces; – Human and social dimensions of criminality and violent radicalisation, in relation to those engaged or potentially engaged in such behaviour as well as to those affected or potentially affected; – The mind-set of citizens, public authorities and industry to prevent the creation of new security risks and to reduce existing risks, including those from new technologies such as Artificial Intelligence; – Combatting disinformation and fake news with implications for security; – Interoperability of equipment and procedures to facilitate cross-border and inter-agency operational cooperation and develop an integrated EU market. – Ensuring the protection of personal data in law enforcement activities, in particular in view of rapid technological developments.deleted

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – part II – point 2 – point 2.2 – point 2.2.5 – paragraph 1

There is a need to protect citizens from and to respond to security threats from criminal including terrorist activities and hybrid threats; to protect people, public spaces and critical infrastructure, from both physical (including CBRN-E) attacks and cyber-attacks; to fight terrorism and radicalisation, including understanding and tackling terrorist ideas and beliefs; to prevent and fight serious crime, including cybercrime, and organised crime; to support victims; to trace criminal financial flows; to support the use of data for law enforcement and to ensure the protection of personal data in law enforcement activities; to support air, land and sea EU border management, for flows of people and goods. It is essential to maintain flexibility rapidly to address new security challenges that may arise.deleted

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – part II – point 2 – point 2.2 – point 2.2.5 – paragraph 2

Broad Lines – Innovative approaches and technologies for security practitioners (such as police forces, border and coast guards, customs offices), public health practitioners, operators of infrastructure and those managing open spaces; – Human and social dimensions of criminality and violent radicalisation, in relation to those engaged or potentially engaged in such behaviour as well as to those affected or potentially affected; – The mind-set of citizens, public authorities and industry to prevent the creation of new security risks and to reduce existing risks, including those from new technologies such as Artificial Intelligence; – Combatting disinformation and fake news with implications for security; – Interoperability of equipment and procedures to facilitate cross-border and inter-agency operational cooperation and develop an integrated EU market. – Ensuring the protection of personal data in law enforcement activities, in particular in view of rapid technological developments.deleted

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – part II – point 2 – point 2.2 – point 2.2.6

2.2.6. Cybersecurity Malicious cyber activities not only threaten our economies but also the very functioning of our democracies, our freedoms and our values. Cyber threats are often criminal, motivated by profit, but they can also be political and strategic. Our future security and prosperity depend on improving our ability to protect the EU against cyber threats. The digital transformation requires improving cybersecurity substantially, to ensure the protection of the huge number of IoT devices expected to be connected to the internet, including those controlling power grids, cars and transport networks, hospitals, finances, public institutions, factories, homes. Europe must build resilience to cyber- attacks and create effective cyber deterrence. Broad Lines – Technologies across the digital value chain (from secure components to cryptography and self-healing software and networks); – Technologies to address current cybersecurity threats, anticipating future needs, and sustaining a competitive industry; – A European cybersecurity competence network and competence centre.deleted

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – part II – point 2 – point 2.2 – point 2.2.6 – paragraph 1

Malicious cyber activities not only threaten our economies but also the very functioning of our democracies, our freedoms and our values. Cyber threats are often criminal, motivated by profit, but they can also be political and strategic. Our future security and prosperity depend on improving our ability to protect the EU against cyber threats. The digital transformation requires improving cybersecurity substantially, to ensure the protection of the huge number of IoT devices expected to be connected to the internet, including those controlling power grids, cars and transport networks, hospitals, finances, public institutions, factories, homes. Europe must build resilience to cyber- attacks and create effective cyber deterrence.deleted

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – part II – point 2 – point 2.2 – point 2.2.6 – paragraph 2

Broad Lines – Technologies across the digital value chain (from secure components to cryptography and self-healing software and networks); – Technologies to address current cybersecurity threats, anticipating future needs, and sustaining a competitive industry; – A European cybersecurity competence network and competence centre.deleted

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – part II – point 2 – point 2.2 – point 2.2.6 – paragraph 2 – indent 1

~~– Technologies across the digital value chain (from secure components to cryptography and self-healing software and networks);~~deleted

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – part II – point 2 – point 2.2 – point 2.2.6 – paragraph 2 – indent 2

~~– Technologies to address current cybersecurity threats, anticipating future needs, and sustaining a competitive industry;~~deleted

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – part II – point 2 – point 2.2 – point 2.2.6 – paragraph 2 – indent 3

~~– A European cybersecurity competence network and competence centre.~~deleted

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – part II – point 2 a (new)

2a. CLUSTER 'SECURE SOCIETY' Security research is a part of the wider comprehensive EU response to security threats. It contributes to the capability development process by enabling the future availability of technologies and applications to fill capability gaps identified by policy-makers and practitioners. Already, funding to research through the EU's framework programme has represented around 50% of total public funding for security research in the EU. Full use will be made of available instruments, including the European space programme (Galileo and EGNOS, Copernicus, Space Situational Awareness and Governmental Satellite Communications). Synergies are sought with the activities supported by EU-funded defence research and duplication of funding is avoided. Cross-border collaboration contributes to developing a European single security market and improving industrial performance, underpinning the EU's autonomy. It will also support the European Pillar of Social Rights, and the Global Compact for safe, orderly and regular migration. Security research responds to the commitment of the Rome Agenda to work towards "a safe and secure Europe", contributing to a genuine and effective Security Union. Synergies with the Justice Programme and with the Rights and Values Programme, which support activities in the area of access to justice, victims' rights, gender equality, non- discrimination, data protection and promotion of the European citizenship will be exploited. Europe also has to respond to the challenges arising from persistent security threats. Terrorist attacks and radicalisation, as well as cyber-attacks and hybrid threats, raise major security concerns and put particular strain on societies. European citizens, state institutions and the economy need to be protected from the continued threats of organised crime, including firearms trafficking, drug trafficking and trafficking in human beings. Strengthening protection and security through better border management is also key. Cybercrime is on the increase and related risks are diversifying as the economy and society digitalise. Europe needs to continue its efforts to improve cybersecurity, digital privacy, personal data protection and combat the spread of false and harmful information in order to safeguard democratic and economic stability. Lastly, further efforts are required to limit the effects on lives and livelihoods of extreme weather events which are intensifying due to climate change, such as floods, storms or droughts leading to forest fires, land degradation and other natural disasters, e.g. earthquakes. Disasters, whether natural or man-made, can put at risk important societal functions, such as health, energy supply and government. Disaster-Resilient Societies: Disasters arise from multiple sources, whether natural or man-made, including those from terrorist attacks, climate- related and other extreme events (including from sea level rises), from forest fires, heat waves, floods, earthquakes, tsunamis and volcanic events, from water crises, from space weather events, from industrial and transport disasters, from CBRN events, as well as those from resulting cascading risks. The aim is to prevent and reduce the loss of life, harm to health and the environment, economic and material damage from disasters, ensure food security as well as to improve the understanding and reduction of disaster risks and post-disaster lesson learning. Broad Lines – Technologies and capabilities for first responders for emergency operations in crisis and disaster situations; – The capacities of society to better manage and reduce disaster risk, including through nature-based solutions, by enhancing prevention, preparedness and response to existing and new risks – Interoperability of equipment and procedures to facilitate cross-border operational cooperation and an integrated EU market. Protection and Security There is a need to protect citizens from and to respond to security threats from criminal including terrorist activities and hybrid threats; to protect people, public spaces and critical infrastructure, from both physical (including CBRN-E) attacks and cyber-attacks; to fight terrorism and radicalisation, including understanding and tackling terrorist ideas and beliefs; to prevent and fight serious crime, including cybercrime, and organised crime; to support victims; to trace criminal financial flows; to support the use of data for law enforcement and to ensure the protection of personal data in law enforcement activities; to support air, land and sea EU border management, for flows of people and goods. It is essential to maintain flexibility rapidly to address new security challenges that may arise. Broad Lines – Innovative approaches and technologies for security practitioners (such as police forces, border and coast guards, customs offices), public health practitioners, operators of infrastructure and those managing open spaces; – Human and social dimensions of criminality and violent radicalisation, in relation to those engaged or potentially engaged in such behaviour as well as to those affected or potentially affected; – The mind-set of citizens, public authorities and industry to prevent the creation of new security risks and to reduce existing risks, including those from new technologies such as Artificial Intelligence; – Combatting disinformation and fake news with implications for security; – Interoperability of equipment and procedures to facilitate cross-border and inter-agency operational cooperation and develop an integrated EU market. – Ensuring the protection of personal data in law enforcement activities, in particular in view of rapid technological developments. Cybersecurity Malicious cyber activities not only threaten our economies but also the very functioning of our democracies, our freedoms and our values. Cyber threats are often criminal, motivated by profit, but they can also be political and strategic. Our future security and prosperity depend on improving our ability to protect the EU against cyber threats. The digital transformation requires improving cybersecurity substantially, to ensure the protection of the huge number of IoT devices expected to be connected to the internet, including those controlling power grids, cars and transport networks, hospitals, finances, public institutions, factories, homes. Europe must build resilience to cyber- attacks and create effective cyber deterrence. Broad Lines – Technologies across the digital value chain (from secure components to cryptography and self-healing software and networks); – Technologies to address current cybersecurity threats, anticipating future needs, and sustaining a competitive industry; – A European cybersecurity competence network and competence centre.

2018/09/12
Committee: ITRE

2018/0225(COD)

Krišjānis KARIŅŠ, Clare MOODY, Christian EHLER, Evžen TOŠENOVSKÝ, Barbara KUDRYCKA, Michał BONI, Lambert van NISTELROOIJ

Proposal for a decision
Annex I – part III – paragraph 7 – indent 1 a (new)

- - Increase the collaboration of all types of innovators, in particular between start-ups, SMEs and larger companies, creating new ecosystems. The role, expertise and fruitful experience of the EIT and KICs in establishing such ecosystems shall be promoted and supported, given their structural partnership with stakeholders at different EU regional and local levels.

2018/09/12
Committee: ITRE

2018/0225(COD)

Krišjānis KARIŅŠ, Clare MOODY, Christian EHLER, Evžen TOŠENOVSKÝ, Barbara KUDRYCKA, Michał BONI, Lambert van NISTELROOIJ

Proposal for a decision
Annex I – part III – paragraph 11 – indent 2

– Support to the European Institute of Innovation and Technology (EIT) and Knowledge and Innovation Communities (KICs). The EIT is Europe’s largest integrated innovation ecosystem, with over 1,000 excellent partners from business, research and education and beyond. The EIT’s innovation model, carried out by the KICs, works and remains particularly relevant in removing barriers to innovation at Member State and regional level. They shall also benefit from additional funding allowing efficient realisation of this goal.

2018/09/12
Committee: ITRE

2018/0225(COD)

Krišjānis KARIŅŠ, Clare MOODY, Christian EHLER, Evžen TOŠENOVSKÝ, Barbara KUDRYCKA, Michał BONI, Lambert van NISTELROOIJ

Proposal for a decision
Annex I – part III – point 1 – point 1.1 – paragraph 2

The EIC will be implemented primarily through two complementary types of action, namely the EIC Pathfinder for advanced research, for the early stages of technology development, and the EIC Accelerator for innovation and market deployment actions, including the pre-mass commercialisation stages and company growth. With the idea to complement the EIT and cooperate with it in offering a single one-stop shop and a single process of support, the Accelerator will also award blended finance, combining grants with equity investments. It will in addition also channel access to loans provided under the InvestEU programme.

2018/09/12
Committee: ITRE

2018/0225(COD)

Krišjānis KARIŅŠ, Clare MOODY, Christian EHLER, Evžen TOŠENOVSKÝ, Barbara KUDRYCKA, Michał BONI, Lambert van NISTELROOIJ

Proposal for a decision
Annex I – part III – point 1 – point 1.1 – point 1.1.2 – paragraph 2

Consequently the Accelerator will, in full complement with the EIT's support for start-ups and scale-ups, and in cooperation with EIT and the KICs, provide financial support to not yet 'bankable' or investors-attractive innovators and companies that have the ambition to develop and deploy in EU and international markets their breakthrough innovations and to scale up rapidly. For that purpose it will build on the experience from the Phases 2 and 3 of Horizon 2020 SME Instrument and from Horizon 2020 InnovFin, in particular through the addition of non-grant components and the ability to support larger and longer investments. The EIT’s start-ups and scale-ups, assessed positively by the relevant KIC, shall have a fast-track access to the tools and instruments of the Accelerator

2018/09/12
Committee: ITRE

2018/0225(COD)

Krišjānis KARIŅŠ, Clare MOODY, Christian EHLER, Evžen TOŠENOVSKÝ, Barbara KUDRYCKA, Michał BONI, Lambert van NISTELROOIJ

Proposal for a decision
Annex I – part III – point 1 – point 1.1 – point 1.1.2 – paragraph 7

The Accelerator will mainly operate through a continuously open and bottom- up call, targeting individual entrepreneurs (mainly start-ups and SMEs), with a particular attention paid to young and to women innovators. This open and bottom- up call will be complemented by targeted support for on emerging breakthrough or disruptive technologies of potential strategic significance. Proposals may also be submitted by investors, including public innovation agencies, but the support will be awarded to the company. Cooperation with EIT and its KICs and full complementarity with their accelerating activities will be ensured.

2018/09/12
Committee: ITRE

2018/0225(COD)

Krišjānis KARIŅŠ, Clare MOODY, Christian EHLER, Evžen TOŠENOVSKÝ, Barbara KUDRYCKA, Michał BONI, Lambert van NISTELROOIJ

Proposal for a decision
Annex I – part III – point 1 – point 1.1 – point 1.1.3 – paragraph 1 – indent 1

– EIC business acceleration services in support of Pathfinder and Accelerator activities and actions. The aim will be to connect the EIC Community of funded innovators, including funded Seal of Excellence, to investors, partners and public buyers. It will provide a range of coaching and mentoring services to EIC actions. It will provide innovators with access to international networks of potential partners, including industrial ones, to complement a value chain or develop market opportunities, and find investors and other sources of private or corporate finance. Activities will include live events (e.g. brokerage events, pitching sessions) but also, the development of matching platforms or use of existing ones, in close relation with financial intermediaries supported by the InvestEU and with the EIB Group. These activities will also encourage peer exchanges as a source of learning in innovation ecosystem, making particular good use of Members of the High Level Advisory board of the EIC and EIC Fellows;. Those additional EIC activities focused on breakthrough/high- risk innovations will complement the similar portfolio of the EIT activities targeting entrepreneurs, innovators and start-ups. EIC shall make use of the KICs’ expertise and experience, when providing support to innovators.

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – part III – point 1 – point 1.1 – point 1.1.3 – paragraph 1 – indent 3

– EIC Challenges, i.e. inducement prizes, to help develop n~~ovel solutions to global challenge~~ew breakthrough innovations, bring in new actors and develop new R&I communities and networks. EIC recognition prizes will include iCapital, the Social Innovation Inducement Prize, and the Women Innovators' Prize.29 The design ~~of its~~and implementation of these prizes will be linked ~~to EIC to~~with other parts of the ~~Framework~~ programme, including missions and othe~~r funding bodie~~ EIT to ensure complementarity and avoid duplications. Opportunities for cooperation with organisations (such as enterprises, universities, research organisations, business accelerators, charities and foundations) will be explored. The budget dedicated for the prizes founded from different parts of Horizon Europe cannot exceed 1% of the Programme’s financial envelope. _________________ 29 The EIC prizes will take over the management of prizes launched under Horizon 2020 and provide for the design and implementation of new inducement prizes and recognition awards.

2018/09/12
Committee: ITRE

2018/0225(COD)

Krišjānis KARIŅŠ, Clare MOODY, Christian EHLER, Evžen TOŠENOVSKÝ, Barbara KUDRYCKA, Michał BONI, Lambert van NISTELROOIJ

Proposal for a decision
Annex I – part III – point 2 – point 2.1 – paragraph 2

The EU must also aim to develop ecosystems that support social innovation and public sector innovation, in addition to innovation in private enterprises. Indeed, the government sector must innovate and renew itself in order to be able to support the changes in regulation and governance required to support the large-scale deployment of new technologies and a growing public demand for the more efficient and effective delivery of services. Social innovations are crucial to enhance the welfare of our societies. As Europe’s largest innovation network, the EIT will play an important role in the development of such ecosystems and in the implementation of this priority. The EIT connects national and regional innovation ecosystems via its Innovation Communities (KICs). They make the case for desired interregional cooperation by linking innovation ecosystems on a pan- European scale. KICs should therefore be used as the basis for the further development of the ecosystems, especially in the fields covered by the activity of the KICs. The latter shall benefit in such cases from an additional and adequate funding allowing the efficient implementation of this goal.

2018/09/12
Committee: ITRE

2018/0225(COD)

Krišjānis KARIŅŠ, Clare MOODY, Christian EHLER, Evžen TOŠENOVSKÝ, Barbara KUDRYCKA, Michał BONI, Lambert van NISTELROOIJ

Activities will be implemented to ensure effective complementarity ~~between~~and cooperation between EIT and EIC’s types of action and their specific focus on breakthrough innovation, with activities implemented by Member States and Associated Countries, but also by private initiatives, in order to support all types of innovation, reach out to all innovators across the EU, and provide them with enhanced and adequate support.

2018/09/12
Committee: ITRE

2018/0225(COD)

Krišjānis KARIŅŠ, Clare MOODY, Evžen TOŠENOVSKÝ, Barbara KUDRYCKA, Michał BONI, Lambert van NISTELROOIJ

Proposal for a decision
Annex I – part III – point 3 – point 3.2 – point 3.2.1 – paragraph 1

The EIT will play a reinforced role in strengthening sustainable innovation ecosystems across Europe, providing solutions to the most pressing global challenges our societies are facing. In particular, the EIT will continue to operate primarily through its Knowledge and Innovation Communities (KICs), the large- scale European partnerships that address specific societal challenges. The creation of new KICs as well as its timing must be carefully considered not to undermine the efficiency and sustainability of the existing ones and should therefore be accompanied by additional funding. It will continue to strengthen innovation ecosystems around them, by fostering the integration of research, innovation and education. Furthermore, EIT will contribute to bridge existing gaps in innovation performance across Europe by expanding its Regional Innovation Scheme (EIT RIS). The EIT will work with innovation ecosystems that exhibit high innovation potential based on strategy, thematic alignment and impact, in close synergy with Smart Specialisation Strategies and Platforms.

2018/09/12
Committee: ITRE

2018/0225(COD)

Krišjānis KARIŅŠ, Clare MOODY, Christian EHLER, Evžen TOŠENOVSKÝ, Barbara KUDRYCKA, Michał BONI, Lambert van NISTELROOIJ

Proposal for a decision
Annex I – part III – point 3 – point 3.2 – point 3.2.4 – paragraph 2 – indent 2

– Planning and implementation of EIT activities in order to maximise synergies and complementarities with the actions under the Global Challenges and Industrial Competitiveness Pillar and when appropriate, contribution to these actions;

2018/09/12
Committee: ITRE

2018/0225(COD)

Krišjānis KARIŅŠ, Clare MOODY, Christian EHLER, Evžen TOŠENOVSKÝ, Barbara KUDRYCKA, Michał BONI, Lieve WIERINCK, Lambert van NISTELROOIJ

Proposal for a decision
Annex I – part III – point 3 – point 3.2 – point 3.2.4 – paragraph 2 – indent 3

– Engage with EU Member States at both national and regional level, establishing a structured dialogue and coordinating efforts to enable synergies with existing and future national initiatives, in order to identify, share and disseminate good practices and learnings;

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Krišjānis KARIŅŠ, Michał BONI, Algirdas SAUDARGAS, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Janusz LEWANDOWSKI, Dan NICA

Proposal for a decision
Annex I – part 4 – point 1 – introductory part

1. S~~HAR~~PREADING EXCELLENCE33 _________________ 33 innovation excellence will be used to define those Member States and Associated Countries where legal entities need to be established in order to be eligible to submit proposals as coordinators under 'sharing excellence'. This criterion will address the dimensions of the overall economic performance (GDP), research performance and innovation performance in a combined manner normalised to the size of the related countries. The countries identified with this criterion are called 'eligible countries' in the context of 'sharing excellence'. On the basis of Article 349 TFEU, legal entities from Outermost Regions will be also fully eligible as coordinators under 'sharing excellence'. AND WIDENING PARTICIPATION A criterion based on research and

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Krišjānis KARIŅŠ, Algirdas SAUDARGAS, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Janusz LEWANDOWSKI, Dan NICA

Proposal for a decision
Annex I – part 4 – point 1 – paragraph 1

Reducing disparities in research and innovation performance by sharing knowledge and expertise across the EU and by widening participation in the Programme will help both countries ~~and regions that are~~ lagging behind in terms of research and innovation performance~~, including the EU outermost regions,~~ to attain a competitive position in the global value chains and the Union to fully benefit from R&I potential of all Member States. Activities may also be established to foster brain circulation right across ERA and better exploitation of existing ~~(and possibly jointly managed EU programmes)~~ research infrastructures in the targeted countries through mobility and collaboration of researchers and innovators and setting new R&I networks and R&I initiatives on the base of those infrastructures.

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Krišjānis KARIŅŠ, Algirdas SAUDARGAS, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Dan NICA, Janusz LEWANDOWSKI

Proposal for a decision
Annex I – part 4 – point 1 – paragraph 1 a (new)

Legal entities need to be established in those EU Members States, which are ranked below 70% of the EU27 average of the composite indicator on Research Excellence implemented under Horizon 2020 in order to be eligible to submit proposals as coordinators under 'spreading excellence and widening participation'. The countries identified with this criterion are called 'eligible countries' in the context of 'spreading excellence and widening participation'.

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Algirdas SAUDARGAS, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Janusz LEWANDOWSKI, Dan NICA

Proposal for a decision
Annex I – part 4 – point 1 – paragraph 3 – indent 1

– Teaming, to create new centres of excellence or upgrade existing ones ~~in eligible countries, building on partnerships~~, including through new excellent research and innovation activities, in eligible countries, building on cooperation in all stages of research between leading scientific institutions and partner institutions;

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Algirdas SAUDARGAS, Dan NICA, Janusz LEWANDOWSKI

Proposal for a decision
Annex I – part 4 – point 1 – paragraph 3 – indent 2

– Twinning, to significantly strengthen a university or research organisation from an eligible country in a defined field, in all stages of research, by linking it with internationally-leading research institutions or research initiatives from other Member States or Associated Countries.

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a decision
Annex I – part 4 – point 1 – paragraph 3 – indent 3 a (new)

- “Excellence initiatives”, to support new ideas aiming to strengthen research and innovation systems in the eligible countries. Actions should complement the other broad lines under this priority, avoiding overlaps

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Algirdas SAUDARGAS, Elżbieta Katarzyna ŁUKACIJEWSKA, Janusz LEWANDOWSKI, Dan NICA

Proposal for a decision
Annex I – part 4 – point 1 – paragraph 3 – indent 3 b (new)

- - “Excellence for EU infrastructures”, to support creation new excellent research and innovation networks or new centres of excellence on the base of research infrastructures financed from ERDF in ‘spreading excellence and widening participation’ eligible countries, to boost new R&I cooperation patterns across Europe and involve those infrastructures in excellent collaborative projects, aiming synergies between national and regional R&I strategies and the Programme.

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Krišjānis KARIŅŠ, Algirdas SAUDARGAS, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Dan NICA, Janusz LEWANDOWSKI

Proposal for a decision
Annex I – part 4 – point 1 – paragraph 3 – indent 3 c (new)

- Widening fellowships, to enable researchers of any nationality to acquire and transfer new knowledge and to work on research and innovation in eligible widening countries. This scheme will be linked with relevant complementary actions in other parts of the Programme, in particular under Marie Skłodowska- Curie.

2018/09/12
Committee: ITRE

2018/0225(COD)

Barbara KUDRYCKA, Krišjānis KARIŅŠ, Algirdas SAUDARGAS, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Dan NICA, Janusz LEWANDOWSKI

Proposal for a decision
Annex I – part 4 – point 1 – paragraph 5

Th~~is intervention area~~e ‘Spreading excellence and widening participation’ priority will support the Horizon Europe specific objectives: Sspread and connect excellence across the EU and widen participation in the Programme, including underperforming Member States; Reinforce the creation of high quality knowledge; Increase cross- sectorial, cross- disciplinary cross-border cooperation. and boost creation of the new R&I activities and networks, involving widening eligible countries and excellent ‘newcomers’ from EU Member States; Support ‘Science and citizens’ activities

2018/09/12
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Michał BONI

Draft legislative resolution
Citation 5 a (new)

Having regard to the European Parliament’s report on the assessment of Horizon 2020 implementation in view of its interim evaluation and the Framework Programme 9 proposal (2016/2147(INI)),

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Michał BONI

Proposal for a regulation
Recital 1

(1) It is the Union's objective to strengthen its scientific and technological bases and encourage its competitiveness, including in its industry, to strengthen and develop European Research Area, while promoting all research and innovation activities ~~to deliver on the Union's strategic~~, including fundamental research with social sciences, economics, arts and humanities, to address EU policy objectives and priorities, which ultimately aim at promoting peace, tackling climate change, sustainable development, the Union's values and the well-being of its peoples.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Michał BONI

Proposal for a regulation
Recital 2

(2) To deliver scientific, economic and societal impact in pursuit of this general objective and maximize the EU added value of its RDI investments, the Union should invest in research and innovation through Horizon Europe - a Framework Programme for Research and Innovation 2021-2027 (the ‘Programme’) to support the creation ~~and~~, diffusion and transfer of high-quality knowledge and technologies, to strengthen the impact of research and innovation in addressing global societal challenges as defined by the Sustainable Development Goals, and in developing, supporting and implementing Union policies, to support the uptake of innovative s~~olutions in industry and society to address global challenges~~ustainable solutions in the Union’s industry and society to improve people’s well-being and promote EU industrial competitiveness; to foster all forms of innovation, including ~~breakthrough~~societal, economic and technological innovation, and strengthen market deployment of innovative solutions; and optimise the delivery of such investment for increased impact within a strengthened European Research Area.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Jerzy BUZEK, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Algirdas SAUDARGAS, Michał BONI, Janusz LEWANDOWSKI

Proposal for a regulation
Recital 4

(4) The continuation of “Open Science, Open Innovation, Open to the World ~~cons~~” attitutde ~~general principles, which~~ should ensure excellence and impact of the Union's investment in research and innovation~~. They~~ and strengthen R&I capacity of all Member States. This should be adhered in the implementation of the Programme, in particular for the sStrategic ~~planning in respect of the pillar 'Global Challenges and Industrial Competitiveness'~~R&I Plans.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Jerzy BUZEK, Algirdas SAUDARGAS, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI, Janusz LEWANDOWSKI

Proposal for a regulation
Recital 6

(6) The conception and design of the Programme should respond to the need for establishing a critical mass of supported activities, throughout the E~~U Union~~uropean Union, with balanced roles of research, academia and industry, and through targeted international cooperation while safeguarding balanced participation of all Member States in the Programme, in line with the UN Sustainable Development Goals (SDGs). Programme implementation should reinforce the pursuit of this aim.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Michał BONI

Proposal for a regulation
Recital 9

(9) Research activities carried out under the pillar 'Open Science' should be determined according to the needs and opportunities of science, underlining the need of strengthening ERA, attracting new R&I talents and supporting careers of young researchers. The research agenda should be set in close liaison with the scientific community. Research should be funded on the basis of excellence.;

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Jerzy BUZEK, Michał BONI, Algirdas SAUDARGAS

Proposal for a regulation
Recital 10

(10) The pillar 'Global Challenges and Industrial Competitiveness' should be established through clusters of research and innovation activities, in order to maximise integration across the respective work areas while securing high and sustainable levels of EU impact for the Union in relation to the resources that are expended. It will encourage cross- disciplinary, cross- sectoral, cross-policy and cross-border collaboration in pursuit of the UN SDGs and the competitiveness of the Union~~'s industries therein~~ as well as significant reduction of EU R&I divide and participation gap in the Programme.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Michał BONI

Proposal for a regulation
Recital 11

(11) ~~Full e~~Engagement of the Union’s industry in the Programme, at all levels from the individual entrepreneur and small and medium-sized enterprises to large scale enterprises, should consti~~tute one of the main channels through which the Programme's objectives are to be realised, specifically towards the creation of sustainable jobs and growth~~nue, specifically towards the creation of sustainable jobs and growth in Europe, strengthening industry-academia cooperation and enhancing R&I investments from the private sector. Industry should contribute to the perspectives and priorities established through the strategic planning process, which should support the development of work programmes. Such engagement by industry should see its participation in the actions supported at levels at least commensurate with those under the previous framework programme Horizon 2020 established by Regulation (EU) No 1291/2013 of the European Parliament and the Council13 ('Horizon 2020'). __________________ 13result in periodic Strategic R&I Plans forming part of the legal base of the Programme.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Michał BONI

Proposal for a regulation
Recital 12

(12) It is important to support EU’s industry to stay or become world leader in innovation, digitisation and decarbonisation, notably through investments in key enabling technologies that will underpin tomorrow's business. The Programme's actions should be used to address market failures or sub-optimal investment situations, in a proportionate manner, without duplicating or crowding out private financing and have a clear European added value. This will ensure consistency between the actions of the programme and EU State aid rules, avoiding undue distortions of competition in the internal market.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Jerzy BUZEK, Algirdas SAUDARGAS, Michał BONI, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Janusz LEWANDOWSKI

Proposal for a regulation
Recital 14

(14) The Commission's Communication on the interim evaluation of Horizon 2020 (COM(2018) 2 final) ~~has~~and the European Parliament’s report on the assessment of Horizon 2020 implementation in view of its interim evaluation and the Framework Programme 9 proposal (2016/2147(INI)) have provided a set of recommendations for this Programme, including its Rules for participation and dissemination, building on the lessons learnt from the previous Programme as well as input from EU institutions and stakeholders. Those recommendations include to invest more ambitiously in order to reach critical mass and maximise impact; to support breakthrough innovation; to prioritise Union research and innovation (R&I) investments in areas of high added value, notably through mission- orientation, citizen involvement and wide communication; to rationalise the Union funding landscape in order to fully use the R&I potential of all Member States, including by streamlining the range of partnership initiatives and co-funding schemes; the development of more and concrete synergies between different Union funding instruments, notably with the aim of helping to mobilise under-exploited R&I potential across the Union; to ~~strengthen international cooperation and reinforce openness to third countries' participation~~better involve research infrastructures financed by the EU - especially from ERDF - into the Programme’s projects, to strengthen international cooperation and reinforce openness to third countries' participation while safeguarding EU interest and balanced participation of all Member States in the Programme; and to continue simplification based on implementation experiences from Horizon 2020.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Michał BONI

Proposal for a regulation
Recital 15

(15) The Programme should seek synergies with other Union programmes and, where possible, their rules should be aligned with Horizon Europe, from their design and strategic planning, to project selection, management, communication, dissemination and exploitation of results, to monitoring, auditing and governance~~. W~~, with a view to avoiding overlaps and duplication and increasing the leverage of Union funding, as well as decreasing administrative burden for the beneficiaries. – transfers from other Union programmes to Horizon Europe activities can take place. In such cases they will follow Horizon Europe rules; – co-funding of an action by Horizon Europe and another Union programme could also be foreseen while not exceeding the total eligible costs of the action. In such cases, the rules of Horizon Europe should apply; – Seals of Excellence should be awarded automatically to all proposals which have passed the “excellence” threshold in Horizon Europe but cannot be financed due to budgetary constraints.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Michał BONI, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA

Proposal for a regulation
Recital 16

(16) In order to achieve the greatest possible impact of Union funding and the most effective contribution to the Union's policy objectives, the Programme ~~should~~may enter into European Partnerships with private and/or public sector partners, on the basis of the Strategic R&I Plans. Such partners include industry, research organisations, higher education institutions, bodies with a public service mission at local, regional, national or international level, and civil society organisations such as non-governmental organisations and foundations that support and/or carry out research and innovation, provided that desired impacts can be achieved more effectively in partnership than by the Union alone.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Michał BONI

Proposal for a regulation
Recital 17 a (new)

(17a) FET Flagships have proven to be among instruments to achieve this, delivering benefits for society in a joint, coordinated effort by the EU and it’s Member States; those flagships which have proven their benefits for the Union, provide clear EU added value, contribute significantly to the EU global competitiveness, strengthen the EU knowledge base and improve well-being of the EU citizens, should continue to be supported.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Michał BONI

Proposal for a regulation
Recital 19

(19) The pillar '~~Open~~ Innovationve Europe' should establish a series of measures for integrated support to the needs of entrepreneurs and entrepreneurship aiming at realising and accelerating ~~breakthrough~~ innovation for rapid market growth as well as promoting EU’s technological leadership in strategic areas. It should attract innovative companies, including SMEs and start-ups, with potential for scaling up at international and at Union level and offer fast, flexible grants and co- investments, including with private investors. These objectives should be pursued through the creation of a European Innovation Council (EIC). This Pillar should also support the European Institute of Innovation and Technology (EIT) and ~~European~~research and innovation ecosystems ~~at large~~in all Member States, notably through co-funding partnerships with national and regional innovation support actors.

2018/09/11
Committee: ITRE

2018/0224(COD)

Jerzy BUZEK, Krišjānis KARIŅŠ, Clare MOODY, Christian EHLER, Evžen TOŠENOVSKÝ, Barbara KUDRYCKA, Michał BONI, Lambert van NISTELROOIJ

Proposal for a regulation
Recital 20

(20) The policy objectives of this Programme will be also addressed through financial instruments and budgetary guarantee under the policy windows of the InvestEU Fund. Financial support should be used to address market failures or sub-optimal investment situations, in a proportionate manner and actions should not duplicate or crowd out private financing or diIn order to address the need to support investment in higher-risk and non-linear activities such as research and innovation, it is essential that Horizon Europe, in particular the EIC as well as the EIT with its KICs, work in synergy with the financial products to be deployed under InvestEU. Additionally, innovative SMEs and startups face difficulties in access to finance, especially those focusing on intangible assets, hence the need for the EIC to work in close complementarity with the dedicated financial products under InvestEU to ensure a continuity of support for such SMEs. In that regard, the experience gained from the financial instruments deployed under Horizon 2020 such as InnovFin and the loan guarantee for SMEs under COSME, should serve as a strong basis to deliver this targeted support. In this regard also, the EIC shall benefit from the experience gained so far by KICs and work in collaboration with their stoart ~~competition in the Internal market. Actions should have a clear European added value.~~ -ups and the ecosystems created by KICs to the profit of the European innovators. Actions should strengthen EU’s external competitiveness.

2018/09/11
Committee: ITRE

2018/0224(COD)

Jerzy BUZEK, Krišjānis KARIŅŠ, Clare MOODY, Christian EHLER, Evžen TOŠENOVSKÝ, Barbara KUDRYCKA, Michał BONI, Lambert van NISTELROOIJ

Proposal for a regulation
Recital 21

(21) The EIC through its instruments – Pathfinder and Accelerator – should aim, when possible and potentially efficient in collaboration with the EIT and its KICs, at identifying, developing and deploying breakthrough research targeted towards new technologies and market creating innovations and, together with InvestEU, supporting their rapid scale-up to EU and international levels. Through coherent and streamlined support to breakthrough innovation the EIC should ~~fill the current vacuum in~~complete public support and private investment for breakthrough innovation. The instruments of the EIC call for dedicated legal and management features in order to reflect its objectives, in particular market deployment activities. In this regard, the EIC shall work in synergies with the EIT and its KICs to use their expertise and experience and to avoid duplication.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Michał BONI

Proposal for a regulation
Recital 21

(21) The EIC through its instruments – Pathfinder and Accelerator – should aim at identifying, developing and deploying ~~breakthrough~~research-driven market creating innovations ~~and~~, across all sectors and disciplines, targeted towards new technologies and, together with Invest EU, supporting their ~~rapid~~effective scale-up to EU and international levels. Through coherent and streamlined support to breakthrough innovation as well as synergies with Invest EU Fund, the EIC should fill the current vacuum in public support and private investment for breakthrough innovation. The instruments of the EIC call for dedicated legal and management features in order to reflect its objectives, in particular market deployment activities.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Michał BONI

Proposal for a regulation
Recital 25

(25) The Programme should promote and integrate cooperation with third countries and international organisations and initiatives based on ~~common~~Union’s interest, reciprocity and mutual benefits and global commitments to implement the UN SDGs. International cooperation should aim to strengthen the Union's excellence in research and innovation ~~excellence~~, attractiveness and economic and industrial competitiveness, to tackle global societal challenges, as embodied in the UN SDGs, and to support the Union's external policies. An approach of general opening for reciprocal international participation and targeted international cooperation actions should be followed, including through appropriate eligibility criteria, considering different levels of R&I capacities, for funding of entities established in low to middle income countries need to be applied. At the same time, association of the third countries to the Programme sh~~ould be promoted~~all be promoted where relevant and while safeguarding EU’s interest and balanced participation of all Member States in the Programme.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Michał BONI

Proposal for a regulation
Recital 26

(26) With the aim of deepening the relationship between science and society and maximising benefits of their interactions, the Programme should work to address and overcome barriers to societal engagement and actively engage and involve citizens and civil society organisations, in co-designing and co- creating responsible research and innovation agendas and contents, promoting science education, making scientific knowledge publicly accessible, and facilitating participation by citizens and civil society organisations in its activities. It should do so across ~~the Programm~~Horizon Europe and through dedicated activities in the part 'Strengthening the European Research Area', in order to better align both the R&I process and its outcomes with the values, needs and expectations of the European society. The engagement of citizens and civil society in research and innovation should be coupled with public outreach activities to generate and sustain public support for the Programme. The measures taken to improve the involvement of citizens and civil society will be reported on in Horizon Europe annual reports. The programme should also seek to remove barriers and boost synergies between science, technology, culture and the arts to obtain a new quality of sustainable innovation.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Krišjānis KARIŅŠ, Algirdas SAUDARGAS, Jerzy BUZEK, Michał BONI, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Janusz LEWANDOWSKI

Proposal for a regulation
Recital 26 a (new)

(26a) With the aim of strengthening of the European Research Area, significant reduction of the EU research and innovation divide and diminishing the participation gap in the EU R&I actions, all parts of the Programme should contribute to spreading scientific excellence, boosting new R&I cooperation patterns, reducing remuneration gap among researchers within the Union, modernising national R&I ecosystems and ensuring balanced representation in the evaluation panels, expert groups and scientific boards.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Michał BONI

Proposal for a regulation
Recital 34

(34) Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016, there is a need to evaluate this Programme on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burdens, in particular on Member States and beneficiaries of the Programme. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Programme on the ground.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Michał BONI

Proposal for a regulation
Recital 40

(40) In line with the objectives of international cooperation as set out in Articles 180 and 186 TFEU, the participation of legal entities established in third countries and of international organisations should be promoted in the best Union’s scientific, societal, economic and technological interest. The implementation of the Programme should be in conformity with the measures adopted in accordance with Articles 75 and 215 TFEU and should be in compliance with international law. For actions related to Union strategic assets, interests, autonomy or security, the participation to specific actions of the Programme may be limited to entities established in Member States only, or to entities established in specified associated or other third countries in addition to Member States.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Michał BONI

Proposal for a regulation
Recital 44

(44) It is necessary to establish the minimum conditions for participation, both as a general rule, where the consortium should include at least ~~one~~two legal entityies from athe EU Member States, and with regard to the specificities ~~of particular~~ type of actions under the Programme.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Michał BONI

Proposal for a regulation
Recital 45

(45) It is ~~appropriate~~necessary to establish the terms and conditions for providing Union funding to participants in actions under the Programme. Grants, being the core financial instrument within the Programme, should be implemented taking into account all forms of contribution set out in the Financial Regulation, including lump sums, flat rates or unit costs, with the view to further simplification.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Jerzy BUZEK, Algirdas SAUDARGAS, Michał BONI, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Janusz LEWANDOWSKI

Proposal for a regulation
Recital 48

(48) The current system of reimbursement of actual personnel costs should be further simplified ~~building on the project-based~~, aiming closing the remuneration gap~~proach developed under Horizon 2020 and further aligned to the Financial Regulation~~ among EU researchers involved in the Programme, including through acceptance of national accounting practices.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Jerzy BUZEK, Algirdas SAUDARGAS, Michał BONI, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Janusz LEWANDOWSKI

Proposal for a regulation
Recital 51

(51) The key elements of the proposal evaluation and selection system of the predecessor programme Horizon 2020 with its particular focus on ‘excellence’, ‘impact’ and ‘quality and efficiency of implementation’ criteria, should be maintained. Proposals should continue to be selected based on the evaluation made by independent experts. The Commission will organise blind-evaluation pilots and analyse its results in order to implement, if justified, blind-evaluation procedure in all parts of Horizon Europe. Where relevant, the necessity to ensure the overall coherence of the portfolio of projects should be taken into account by independent experts.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Michał BONI

Proposal for a regulation
Recital 52

(52) ~~A wider~~Systematic cross-reliance on audits and assessments ~~– including~~ with other Union programmes – should be ~~envisaged~~implemented for all parts of the Programme, in order to reduce administrative burden for beneficiaries of Union funds. Cross reliance should be explicitly provided for by considering also other elements of assurance such as systems and processes audits.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Michał BONI

Proposal for a regulation
Recital 53

(53) Specific challenges in the area of research ofand innovation should be addressed by prizes, including through common or joint prizes where appropriate, organised by the Commission or funding body with other Union bodies, third countries, international organisations or non-profit legal entities. The budget dedicated for all prizes under Horizon Europe shall not exceed 1% of the Programme’s financial envelope.

2018/09/11
Committee: ITRE

2018/0224(COD)

Jerzy BUZEK, Krišjānis KARIŅŠ, Clare MOODY, Evžen TOŠENOVSKÝ, Barbara KUDRYCKA, Michał BONI, Lambert van NISTELROOIJ

Proposal for a regulation
Article 1 – paragraph 4 – point a (new)

(a) The EIT shall implement the Programme in accordance with the Strategic Innovation Agenda of the EIT for the period 2021-2027 with the reserve that any new KIC created shall entail additional and adequate budgetary resources, not to undermine the objectives and the commitments of the existing KICs.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Michał BONI

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) 'mission' means a portfolio of cross-cluster excellence-driven R&I actions intended to achieve a measurable goal within a set timeframe, and impact for science and technology and/or society and citizens that could not be achieved through individual actions;

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Michał BONI

Proposal for a regulation
Article 2 – paragraph 1 – point 25 a (new)

(25a) “citizen engagement” refers to science engagement and science education activities, events or interactions characterised by mutual learning among people of varied backgrounds, scientific expertise and experience, contributing to building effective and sustained cooperation between science and society, focused on identifying new goals for science, recruiting new talents for science and innovation, science education for future generations, promoting gender equality and strengthening of social awareness and responsibility.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Michał BONI

Proposal for a regulation
Article 3 – paragraph 1

1. The Programme’s general objective is to deliver scientific, technological, economic and societal impact from the Union’s investments in research and innovation so as to strengthen the scientific and technological bases of the Union, and foster ~~its~~EU competitiveness, including in its industry, deliver on the Union strategic priorities, and policies, contribute to tackling global societal challenges, ~~includ~~as set out ing the Sustainable Development Goals, and achieve a balanced European Research Area. The objectives will take into consideration societal concerns and implications to contribute to a knowledge- based learning society and strengthen shared values, acceptance of scientific insights and social cohesion.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 3 – paragraph 2 – point a

(a) to support the creation and diffusion of high-quality new knowledge, skills, technologies and solutions ~~to glob~~, based both on fundamental and applied research, to tackle global societal challenges;

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)

(aa) to promote and spread scientific excellence

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 3 – paragraph 2 – point b

(b) to strengthen the ~~impact~~role of research and innovation in developing, supporting and implementing Union policies, to strengthen the significance of the EU added value in all R&I projects financed from the Programme’s budget and support the uptake of innovative solutions in industry and society in order to address global societal challenges; and improve people’s well-being

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 3 – paragraph 2 – point c

(c) to foster all forms of innovation, including breakthrough economic, social and technological innovation, and strengthen market deployment of innovative solutions;

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 3 – paragraph 2 – point d

(d) to optimise the Programme's delivery for increased impact within a strengthened and balanced European Research Area.;

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI, Jerzy BUZEK, Algirdas SAUDARGAS, Janusz LEWANDOWSKI

Proposal for a regulation
Article 3 – paragraph 2 – point d a (new)

(da) to fully use R&I potential of all Member States and support creating new excellent R&I networks involving also less performing EU Member States

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 4 – paragraph 1 – point 2 – point b

(b) cluster 'Inclusive ~~and Secure~~ Society';

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 4 – paragraph 1 – point 2 – point b a (new)

(ba) cluster 'Secure Society';

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 4 – paragraph 1 – point 4 – introductory part

(4) PCross-cutting part 'Strengthening the European Research Area', pursuing the specific objective set out in Article 3(2)(d) and also supporting the specific objectives set out in Article 3(2)(a), (b) and (c), with the following components:

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Jerzy BUZEK, Algirdas SAUDARGAS, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Janusz LEWANDOWSKI

Proposal for a regulation
Article 4 – paragraph 1 – point 4 – point a

(a) s~~har~~preading excellence and widening participation;

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 6 – paragraph 6

6. The implementation of the specific programme29 shall be based on ~~a transparent and strategic multiannual planning of research and innovation activities~~Specific R&I Plans forming part of the legal base, in particular for the pillar 'Global Challenges and 'Industrial Competitiveness'~~, following consultations with stakeholder~~. The consultations with national authorities, with the European Parliament, with stakeholders and civil society representatives about priorities and the suitable types of action and forms of implementation to use~~. This~~ shall ensure alignment with other relevant Union programmes. __________________ 29 …

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Jerzy BUZEK, Krišjānis KARIŅŠ, Algirdas SAUDARGAS, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Michał BONI, Janusz LEWANDOWSKI

Proposal for a regulation
Article 6 – paragraph 7 a (new)

7a. The Programme shall ensure the significant reduction of R&I divide in the EU and widen participation of the less performing EU Member States in Horizon Europe up to at least 15% of the Programme’s budget , through 'spreading excellence and widening participation' instruments and solutions and through supporting national reforms of R&I ecosystems.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 6 – paragraph 7 b (new)

7b. Horizon Europe shall ensure multidiciplinarity and support integration of human and societal approach across all activities developed under the Programme

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 6 – paragraph 8

8. Research and innovation activities carried out under Horizon Europe shall have an exclusive focus on civil applications.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Krišjānis KARIŅŠ, Jerzy BUZEK, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Janusz LEWANDOWSKI

Proposal for a regulation
Article 9 – paragraph 1

1. The financial envelope for the implementation of the Framework Programme for the period 2021 – 2027 shall be EUR ~~94 1~~120 000 000 000 in c~~urre~~onstant prices for the specific programme referred to in Article 1(3)(a) and, in addition, the amount for the specific programme referred to in Article 1(3)(b), as laid down in Regulation…. establishing the European Defence Fund.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Krišjānis KARIŅŠ, Jerzy BUZEK, Algirdas SAUDARGAS, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Janusz LEWANDOWSKI

Proposal for a regulation
Article 9 – paragraph 2 – point d – point 1

(1) EUR ~~1 7~~6 000 000 000 for 's~~har~~preading excellence and widening participation';

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 9 – paragraph 3

3. In order to respond to unforeseen situations or to new developments and needs, the Commission may, within the annual budgetary procedure, deviate from the amounts referred to in paragraph 2 up to a maximum of ~~10%. No such~~5%, including the allocation of the contributions from associated countries. No negative deviation shall be allowed in respect of the amounts referred to in points (a) and (b) (6) of paragraph 2 of this Article and the total amount set out for cross-cutting Part 'Strengthening the European Research Area' of paragraph 2 of this Article.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 9 – paragraph 8

8. Resources allocated to Member States under shared management and transferrable in accordance with Article 21 of Regulation (EU) XX […Common Provisions Regulation] may, at the~~ir request~~ voluntary basis, be transferred ~~to the Programme. The Commission shall implement those resources directly in accordance with point (a) of Article 62(1) of the Financial Regulation or indirectly in accordance wi~~as a national contribution to the budget of the specific project selected under Horizon Europe, if expected results of the p~~oint (c) of that Article. Where possible, those resources shall be used for the benefit of the Member State concerned.~~roject are strategic for the Member State or its R&I communities; transferred resources shall be implemented in accordance with the rules of Horizon Europe

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 12 – paragraph 1 – point d – paragraph 2 – indent 4

– guarantees the rights of the Union to ensure sound financial management and to protect ~~its~~EU societal, scientific, industrial, technological and financial interests.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 15 – paragraph 6

6. Actions which are not ethically acceptable ~~may~~should be rejected or terminated at any time.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 18 – paragraph 2 – introductory part

2. Entities shall be part of a consortium that shall include at least three independent legal entities, each established in a different Member State or associated country and with at least ~~one~~two of them established in a Member State, unless:

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Krišjānis KARIŅŠ, Algirdas SAUDARGAS, Jerzy BUZEK, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Janusz LEWANDOWSKI

Proposal for a regulation
Article 25 – paragraph 1 a (new)

1a. Scientific excellence remains core evaluation criteria in all Horizon Europe’s calls. Among the proposals having passed the applicable thresholds and evaluated equally as excellent, priority shall be considered to those providing strong EU added value and meeting at least one of the following conditions, contributing directly to 'impact' and 'quality and efficiency of implementation' criteria: – helping to achieve the specific EU policy objectives; – attracting excellent scientists and high-quality industry partners from outside of the EU – using research infrastructure financed by the EU, particularly from ERDF – involving partners from the eligible widening countries

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1

~~In addi~~By derogation tofrom the criteria set out in Article 197 of the Financial Regulation, for beneficiaries with project-based remuneration, costs of personnel are eligible up to the remuneration that the person is paid for work in similar projects funded by national schemes, ensuring acceptance of national accounting practices.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 2

The work programme may provide for additional dissemination obligations while safeguarding EU’s economic & scientific interests.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 35 – paragraph 3 – subparagraph 2

~~Open access to research data~~With regard to the dissemination of research data, the grant agreement shall be, in the ~~general rule under the terms and conditions laid down~~ context of fair open access to and the preservation of research data, lay down terms and conditions under which fair access to such results shall be provided, ensuring opt-outs following the ~~grant agreement, but e~~principle “as open as possible, as closed as necessary”. Exceptions shall apply if justified, taking into consideration the legitimate interests of the beneficiaries and any other constraints, such as data protection rules, ~~security rules or intellectual property rights.~~ privacy, confidentiality, security rules, trade secrets, legitimate commercial interests or intellectual property rights or Union’s external competitiveness.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 35 – paragraph 3 – subparagraph 3

The work programme may provide for additional ~~obligation~~incentives to adhere to open science practices.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 1

Unless the work programme provides otherwise, proposals shall include a plan for the exploitation and dissemination of the results. If the expected exploitation entails developing, creating, manufacturing and marketing a product or process, or in creating and providing a service, the plan shall include a strategy for such exploitation~~. If the plan provides for exploitation primarily in non-associated third countries, the legal entities sh~~, respecting EU scientific, financiall, e~~xplain how that exploitation is still in the Union~~conomic and technological interest.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 1 a (new)

Whenever possible, the beneficiaries shall include public engagement and science education as a goal for communication and dissemination.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 42 – paragraph 5

5. Horizon Europe and EIC blended finance shall be provided in a manner that ~~does not~~promotes EU global competitiveness while avoiding distortion of competition.

2018/09/11
Committee: ITRE

2018/0224(COD)

Jerzy BUZEK, Krišjānis KARIŅŠ, Clare MOODY, Christian EHLER, Evžen TOŠENOVSKÝ, Barbara KUDRYCKA, Michał BONI, Lambert van NISTELROOIJ

Proposal for a regulation
Article 43 – paragraph 5 – introductory part

5. With the agreement of applicants concerned, the Commission or funding bodies implementing Horizon Europe (including EIT and its KICs) may directly submit for evaluation under the last evaluation criterion a proposal for an innovation and market deployment action which already fulfils the first two criteria, subject to the following cumulative conditions:

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 43 a (new)

Article 43a A dedicated instrument for the incremental innovation targeted at SMEs under a single centralised management system shall be created. It will be implemented primarily in a bottom-up manner through a competitive call tailored to the needs of SMEs.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 44 – paragraph 1 a (new)

1a. Independent experts shall be chosen from all Member States, on the basis of their experience and knowledge, appropriate to carry out the task assigned to them. When appointing independent external experts the Commission or the EU funding body shall seek balanced representation and composition within the of expert groups and evaluation panels in terms of their fields of expertise, gender, geographical background and types of the institutions they are representing.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 47 – paragraph 2

2. The interim evaluation of the Programme shall be carried out once there is sufficient information available about the implementation of the Programme, but no later than four years after the start of the programme implementation. It shall include an assessment of the long-term impact of previous Framework Programmes and shall form the basis to adjust programme implementation, a~~s appro~~nd maximise the EU added value and review the programme, considering feedback from the beneficiaries, public and private stakeholders and assessment of the independent high-level experts’ group.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Article 47 – paragraph 4

4. The Commission shall communicate and justify the conclusions of the evaluations accompanied by its observations, as well as present the way and schedule of its implementation to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. The Commission is also obliged to communicate those conclusions to the beneficiaries and stakeholders.

2018/09/11
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Annex I – point 1 – paragraph 1 – point b – paragraph 1

Areas of intervention: Nurturing excellence through mobility of researchers across borders, sectors and disciplines; fostering new skills through excellent training of researchers; strengthening human capital and skills development across the European Research Area;, supporting European researchers working outside of the Union to return to the EU, improving and facilitating synergies; promoting public outreach.

2018/09/12
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Annex I – point 2 – paragraph 2

To maximise impact flexibility and synergies, research and innovation activities will be organised in ~~five~~six clusters, which individually and together will incentivise interdisciplinary, cross-sectoral, cross-policy, cross-border and international cooperation.

2018/09/12
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Annex I – point 2 – paragraph 4 – point b – introductory part

(b) Cluster 'Inclusive ~~and secure~~ society': Strengthening European democratic values, including rule of law and fundamental rights, safeguarding our cultural heritage, and promoting socio- economic transformations that contribute to inclusion and growth~~, while responding to the challenges arising from persistent security threats, including cybercrime, as well as natural and man-made disasters.~~

2018/09/12
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Annex I – point 2 – paragraph 4 – point b a (new)

(b a) Cluster 'Secure Society': responding to the challenges arising from persistent security threats, including terrorism, safeguarding external EU borders, cybercrime as well as natural and man-made disasters.

2018/09/12
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Agnieszka KOZŁOWSKA, Michał BONI

Proposal for a regulation
Annex I – point 3 – paragraph 1 – point c – paragraph 1

Areas of intervention: Strengthen sustainable research and innovation ecosystems across Europe; Fostering the development of entrepreneurial and innovation skills in a lifelong learning perspective and support the entrepreneurial str~~ansformation of EU universitie~~engths of EU higher education institutions; Bring new solutions to global societal challenges to the market; Synergies and value added within Horizon Europe.

2018/09/12
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Janusz LEWANDOWSKI

Proposal for a regulation
Annex I – point 4 – introductory part

(4) PCross-cutting part 'Strengthening the European Research Area'

2018/09/12
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Annex I – point 4 – paragraph 1

Through the following activities, this part will, in line with Article 4, optimise the Programme's delivery for increased impact and attractiveness within a strengthened European Research Area. It will also support the Programme's other specific objectives as described in Article 3. While underpinning the entire Programme, this part will support activities that contribute to attract R&I talents from outside of the EU and tackle brain drain issues. It will also contribute to a more knowledge-based and innovative and gender-equal Europe, at the front edge of global competition, thereby optimising national strengths and potential across Europe in a well- performing European Research Area (ERA), where knowledge and a highly skilled workforce circulate ~~freely~~in a balanced manner, where the outcomes of R&I are understood and trusted by informed citizens and benefit society as a whole, and where EU policy, notably R&I policy, is based on high quality scientific evidence.

2018/09/12
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Jerzy BUZEK, Algirdas SAUDARGAS, Krišjānis KARIŅŠ, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA, Janusz LEWANDOWSKI

Proposal for a regulation
Annex I – point 4 – paragraph 2

Areas of intervention: S~~har~~preading Eexcellence~~; Reforming and enhanc~~ and widening participation through existing Teaming, Twinning, and ERA-Chairs instruments transformed from just networking to both networking and R&I activities, as well as through additional instrument focused on creating new high-quality R&I networks based on the sophisticated research infrastructures financed from ERDF; supporting COST and citizen engagement activities; reforming the European R&I system.s;

2018/09/12
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Annex II – paragraph 2 – indent 6

– Programme co-fund action: action to provide co-funding to a programme of activities established and/or implemented by entities managing and/or funding research and innovation programmes, other than Union funding bodies. Such a programme of activities may support networking and coordination, research, innovation, pilot actions, and innovation and market deployment actions, training and mobility actions, awareness raising and communication, science engagement and science education activities, dissemination and exploitation, or a combination thereof, directly implemented by those entities or by third parties to whom they may provide any relevant financial support such as grants, prizes, procurement, as well as Horizon Europe blended finance;

2018/09/12
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a – introductory part

(a) Evidence that the European Partnership is more effective in achieving the related objectives of the Programme, in particular in delivering clear impacts for the EU, its Member States and ~~its~~ citizens, notably in view of delivering on global societal challenges and research and innovation objectives, securing EU global competitiveness and contributing to the strengthening of the European Research and Innovation Area and international commitments;

2018/09/12
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Annex IV – point 4 – point b

(b) arrangements for complementary funding from ESF+ can be voluntary used to support activities of the Programme that promot~~ing~~e human capital development in research and innovation with the aim of strengthening the European Research Area;

2018/09/12
Committee: ITRE

2018/0224(COD)

Barbara KUDRYCKA, Michał BONI, Agnieszka KOZŁOWSKA, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a regulation
Annex V – paragraph 3

The Programme is expected to have scientific impact by creating high-quality new knowledge, strengthening human capital in research and innovation, and fostering diffusion of knowledge and Open Science. The integration of human and societal approaches and the role of basic research in pursuit of its contribution towards a knowledge-based learning society is vital. Progress towards this impact will be monitored through proxy indicators set along the following three key impact pathways.

2018/09/12
Committee: ITRE

2018/0207(COD)

Proposal for a regulation
Recital 2

(2) Those rights and values must continue to be ~~promoted and enforc~~cultivated, protected and ~~shar~~promoted among the citizens and peoples and be at the heart of the EU project. Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the EU 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. It is also crucial to create an enabling environment for peaceful democratic dialogue between representatives of different views. This will have profound and direct implications for political, social, cultural and economic life in the EU. As part of the new Fund, the Justice Programme will continue to support the further development of Union area of justice and cross-border cooperation. The Rights and Values Programme will bring together the 2014-2020 Programme Rights, Equality and Citizenship established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council8 and the Europe for Citizens programme established by Council Regulation (EU) No 390/20149 , (hereafter 'the predecessor Programmes'), and it will be adjusted to address new challenges to the European values. _________________ 8 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) 9 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)

2018/10/26
Committee: AFCO

2018/0207(COD)

Proposal for a regulation
Recital 3

(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus ~~primarily~~ on people and entities, which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain rights-based, equal, inclusive and democratic society. That includes a vibrant, resilient and empowered civil society, ~~encouraging~~which fosters people's democratic, civic and social participation and ~~fostering~~cultivates the rich diversity of European society, based on our common values, history and memory. Article 11 of the Treaty of the European Union further specifies that the institutions shall maintain an open, transparent and regular dialogue with civil society and shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.

2018/10/26
Committee: AFCO

2018/0207(COD)

Proposal for a regulation
Recital 4

(4) The Rights and Values programme (the 'Programme') should allow developing synergies to tackle the challenges that are common to the promotion and protection of values and to reach a critical dimension to have concrete results in the field. That should be achieved byddress the most important challenges to the promotion and protection of values, taking into account that the challenges may vary across the Union. To ensure concrete impact, the Programme will build~~ing~~ on the ~~positive experience~~lessons of the predecessor Programmes. ~~This~~It will ~~enable to fully exploit the potential of synergies, to more effectively support the policy areas covered and to~~also take advantage of synergies with other policies and programmes of the Union and of other actors. This will increase their effectiveness and efficiency and will increase their potential to reach people. To be effective, the Programme should take into account the specific nature of the different policies, their different target groups and their particular needs through tailor-made approaches.

2018/10/26
Committee: AFCO

2018/0207(COD)

Proposal for a regulation
Recital 4 a (new)

(4a) Full respect and promotion of rule of law and democracy is a fundamental Union value. It is also the basic condition for building citizens' trust in the Union as well as between Member States. Respect for the rule of law within the Union is a prerequisite for the protection of fundamental rights, as well as for upholding all rights and obligations deriving from the Treaties. This programme should therefore promote and safeguard fundamental rights, democracy and the rule of law at local, regional, national and transnational level.

2018/10/26
Committee: AFCO

2018/0207(COD)

Proposal for a regulation
Recital 6

(6) Remembrance activities and critical reflection on Europe’s historical memory are ~~necessary~~important to make citizens aware of the common history and values, as the foundation for a common future, moral purpose and shared values. The relevance of historical, cultural and intercultural aspects should also be taken into account, as well as the links between remembrance and the creation of a European identity and sense of belonging together.

2018/10/26
Committee: AFCO

2018/0207(COD)

Proposal for a regulation
Recital 18

(18) Independent human rights bodies and civil society organisations play an essential role in promoting, safeguarding and raising awareness of the Union’s common values under Article 2 TEU, and in contributing to the effective enjoyment of rights under Union law, including the Charter of Fundamental Rights of the EU. As reflected in the European Parliament Resolution of 189 April 2018, adequate financial support is key to the development of a conducive and sustainable environment for civil society organisations to strengthen their role and perform their functions independently and effectively. Complementing efforts at national level, EU funding should therefore contribute to support, empower and build the capacity of independent civil society organisations active in the promotion of ~~human~~Union values such as democracy, rule of law and fundamental rights, whose activities help the strategic enforcement of rights under EU law and the Charter of Fundamental Rights of the EU, including through advocacy and watchdog activities, as well as to promote, safeguard and raise awareness of the Union’s common values at national level.

2018/10/26
Committee: AFCO

2018/0207(COD)

Proposal for a regulation
Recital 20

(20) TIn relation to the implementation of the specific objectives of promoting equality and rights, citizens’ engagement and participation in the democratic life of the Union, and combating violence against groups at risk, the Programme should be open, subject to certain conditions, to the participation of European Free Trade Association (EFTA) members which are members of the European Economic Area (EEA) and EFTA members which are not members of the EEA and other European countries. Acceding countries, candidate countries and potential candidate countries benefiting from a pre- accession strategy should also be able to participate in the Programme.

2018/10/26
Committee: AFCO

2018/0207(COD)

Proposal for a regulation
Recital 21

(21) In order to ensure efficient allocation of funds from the general budget of the Union, it is necessary to ensure the European added value of all actions carried out, their complementarity to Member States’ actions, while consistency, complementarity and synergies shall be sought with funding programmes supporting policy areas with close links to each other, in particular within the Justice, Rights and Values Fund — and thus with the Justice Programme — as well asincluding at local, regional and national level, directed at promoting and safeguarding the values enshrined in Article 2 of the Treaty of the European Union. The Commission is to seek consistency, synergies and complementarity with Member States’ actions, and with other funding programmes supporting policy areas with close links to Justice, Rights and Values Fund, including with Creative Europe programme, and Erasmus+ to realise the potential of cultural crossovers in the fields of culture, media, arts, education and creativity. It is necessary to create synergies with other European funding programmes, in particular in the fields of employment, internal market, enterprise, youth, health, citizenship, justice, migration, security, research, innovation, technology, industry, cohesion, tourism, external relations, trade and development, as well as with relevant policies of the Union.

2018/10/26
Committee: AFCO

2018/0207(COD)

Proposal for a regulation
Recital 23

(23) Regulation (EU, Euratom) No [the new FR] (the ‘Financial Regulation’) applies to this Programme. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees. It is necessary to ensure that the Programme’s grant-making procedures and requirements are user- friendly for potential beneficiaries, including for grassroots local civil society organisations, and that they ensure full transparency on the use of resources, sound financial management and prudent use of resources.

2018/10/26
Committee: AFCO

2018/0207(COD)

Proposal for a regulation
Recital 24

(24) The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, for Commission and beneficiary, capacity of potential beneficiary and the expected risk of non- compliance. This should include consideration of the use of lump sums, flat rates ~~and~~, unit costs, financial support for third parties, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation. Co-funding criteria should be accepted in kind, including in form of voluntary work, and may be waived in cases of limited complementary funding. In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council20 Council Regulation (Euratom, EC) No 2988/9521 Council Regulation (Euratom, EC) No 2185/9622 and Council Regulation (EU) 2017/193923 the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on- the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council24 . In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. _________________ 20 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999,(OJ L248, 18.9.2013, p. 1. 21 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.95, p.1). 22 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L292.15.11.96,, p.2). 23 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L283, 31.10.2017,, p.1). 24 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).

2018/10/26
Committee: AFCO

2018/0207(COD)

Proposal for a regulation
Recital 24 a (new)

(24a) In order to increase accessibility and provide guidance and practical information in relation to the Programme, Contact Points in Member States should be set up to provide assistance to both beneficiaries and applicants.

2018/10/26
Committee: AFCO

2018/0207(COD)

Proposal for a regulation
Recital 25

(25) TIn relation to the implementation of the specific objectives of promoting equality and rights, citizens’ engagement and participation in the democratic life of the Union, and combating violence against groups at risk, third countries which are members 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.

2018/10/26
Committee: AFCO

2018/0207(COD)

Proposal for a regulation
Article 2 – paragraph 1

1. The general objective of the Programme is to protect and promote rights and values as enshrined in the EU Treaties, in~~cluding~~ particular by supporting civil society organisations at local, national and transnational level, in order to sustain open, rights-based, democratic, equal and inclusive societies.

2018/10/26
Committee: AFCO

2018/0207(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point a a (new)

(aa) to promote and protect democracy, the rule of law and fundamental rights at local, national and transnational level (Union values strand).

2018/10/26
Committee: AFCO

2018/0207(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)

(aa) promoting equality as a universal fundamental right and a core value of the Union;

2018/10/26
Committee: AFCO

2018/0207(COD)

Proposal for a regulation
Article 5 a (new)

Article 5a Union values strand The programme shall focus on: (i) protecting and promoting democracy, the rule of law and fundamental rights by providing financial support for independent civil society organisations which cultivate these values at local, national and transnational level; (ii) creating the enabling environment for democratic dialogue between representatives of different views; (iii) protecting and promoting fundamental rights, including strengthening freedom of expression, peaceful assembly and association, media freedom, and pluralism of the media, academic freedom, freedom of religion or belief and the right to privacy and family life by supporting, empowering and building the capacity of independent civil society organisations active in the promotion of values referred to in Article 2 of the Treaty of the European Union.

2018/10/26
Committee: AFCO

2018/0207(COD)

Michał BONI, Siegfried MUREŞAN, Tadeusz ZWIEFKA, Alain LAMASSOURE, Jaromír ŠTĚTINA, Carlos COELHO

Proposal for a regulation
Article 6 – paragraph 1

1. The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR [~~641 705~~1 500 000 000] in current prices.

2018/10/26
Committee: AFCO

2018/0207(COD)

Proposal for a regulation
Recital 2

(2) Those rights and values must continue to be ~~promoted and enforc~~cultivated, protected and ~~shar~~promoted among the citizens and peoples and be at the heart of the EU project. Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the EU 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. It is also crucial to create an enabling environment for peaceful democratic dialogue between representatives of different views. This will have profound and direct implications for political, social, cultural and economic life in the EU. As part of the new Fund, the Justice Programme will continue to support the further development of Union area of justice and cross-border cooperation. The Rights and Values Programme will bring together the 2014-2020 Programme Rights, Equality and Citizenship established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council8 and the Europe for Citizens programme established by Council Regulation (EU) No 390/20149, (hereafter ‘the predecessor Programmes’) and it will be adjusted to address new challenges to European values. __________________ 8 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) 9 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)

2018/10/30
Committee: LIBE

2018/0207(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point a

(a) EUR [~~408.705~~500.000.000] for the specific objectives referred to in article 2(2)(a) and 2(2)(c);

2018/10/26
Committee: AFCO

2018/0207(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point a a (new)

(aa) EUR [735.000.000] for the specific objective referred to in Article 2(2)(aa) new;

2018/10/26
Committee: AFCO

2018/0207(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b

(b) EUR [23365.000.000] for the specific objective referred to in Article 2(2)(b);

2018/10/26
Committee: AFCO

2018/0207(COD)

Michał BONI, Siegfried MUREŞAN, Tadeusz ZWIEFKA, Alain LAMASSOURE, Jaromír ŠTĚTINA, Carlos COELHO

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2a. No less than 65% of funds referred to in Article 6 (2)(a) and Art 6(2)(b) shall be allocated to action grants, operating grants and core funding for civil society organisations.

2018/10/26
Committee: AFCO

2018/0207(COD)

Proposal for a regulation
Recital 3

(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus ~~primarily~~ on people and entities, which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain rights-based, equal, inclusive and democratic society. That includes a vibrant, resilient and empowered civil society, ~~encouraging~~which fosters people’s democratic, civic and social participation and ~~fostering~~cultivates the rich diversity of European society, based on our common values, history and memory. Article 11 of the Treaty of the European Union further specifies that the institutions shall maintain an open, transparent and regular dialogue with civil society and shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.

2018/10/30
Committee: LIBE

2018/0207(COD)

Proposal for a regulation
Article 8 – paragraph 2

2. The Programme may provide funding in any of the forms laid down in the Financial Regulation, which shall ensure sound financial management, prudent use of public funds, low administrative burdens for the Programme operator and for beneficiaries as well as accessibility of the Programme funds to potential beneficiaries. The Programme shall provide funding primarily through action grants, annual and multiannual operating grants and core funding. It may use lump sums, unit costs, flat rates and financial assistance for third parties. Co-funding requirements shall be accepted in kind and may be waived in cases of limited complementary funding.

2018/10/26
Committee: AFCO

2018/0207(COD)

Michał BONI, Siegfried MUREŞAN, Tadeusz ZWIEFKA, Alain LAMASSOURE, Jaromír ŠTĚTINA, Carlos COELHO

Proposal for a regulation
Article 9 a (new)

Article 9a Activities eligible for funding The general and specific objectives of the Programme referred to in Article 2 shall be pursued in particular, but not exclusively, through support to the following activities carried out by one or several eligible entities: (a) awareness raising, public education, promotion and dissemination of information to improve the knowledge of the policies, principles and rights in the areas covered by the Programme and its objectives; (b) analytical monitoring, reporting and advocacy activities to improve the understanding of the situation in the Member States and at Union level in the areas covered by the Programme as well as to improve the proper transposition and implementation of Union law, policies and common Union values within Member States; (c) training relevant stakeholders to improve their knowledge of the policies and rights in the fields covered and strengthening relevant stakeholders’ capability to advocate for the policies and rights in the fields covered; (d) promoting public awareness and understanding of the risks, rules, safeguards and rights in relation to the protection of personal data, privacy, and digital security, as well as addressing targeted misinformation through awareness raising, trainings, studies and monitoring activities; (e) strengthening citizen's awareness of European culture, history, core values and remembrance as well as their sense of solidarity and belonging to the Union; (f) bringing together Europeans of different nationalities and cultures by giving them the opportunity to participate in town-twinning activities and projects; (g) encouraging and facilitating active and inclusive participation in the construction of a more democratic Union as well as raising awareness, promoting and defending rights and values through support to civil society organisations; (h) financing the technical and organisational support to implement Regulation [(EU)No 211/2011], thereby underpinning the exercise by citizens of the right to launch and support European citizens’ initiatives; (i) supporting civil society organisations active in the areas covered by the Programme at all levels, as well as developing the capacity of European networks and civil society organisations to contribute to the development, awareness raising and monitoring of the implementation of Union law, policy goals, values and strategies; (j) strengthening the capacity and independence of human rights defenders and civil society organisations monitoring the situation of the rule of law and supporting actions at the local, regional and national level; (k) supporting initiatives and measures to promote and protect freedom and pluralism of the media, and to build capacity for the new challenges such as new media and countering hate speech; (l) support and build capacity for civil society organisations active in promoting and monitoring transparency and integrity of public administration and fighting corruption; (m) supporting civil society organisations active in the area of protection and promotion of fundamental rights, including support for actions to raise awareness of fundamental rights and contribute to human rights education; (n) supporting initiatives and measures to promote and protect freedom and pluralism of the media, and to build capacity for the new challenges such as new media and countering hate speech; (o) supporting activities aimed at promoting peaceful democratic dialogue between people of different political views.

2018/10/26
Committee: AFCO

2018/0207(COD)

Proposal for a regulation
Recital 4

(4) The Rights and Values programme (the ‘Programme’) should allow developing synergies to tackle the challenges that are common to the promotion and protection of values and to reach a critical dimension to have concrete results in the field. That should be achieved byddress the most important challenges to the promotion and protection of values, taking into account that the challenges may vary across the Union. To ensure concrete impact, the Programme should build~~ing~~ on the ~~positive experience~~lessons of the predecessor Programmes. ~~This will enable to fully exploit the potential of synergies, to more effectively support the policy areas covered and to~~It should also take advantage of synergies with other policies and programmes of the Union and of other actors. This will increase their effectiveness and efficiency and will increase their potential to reach people. To be effective, the Programme should take into account the specific nature of the different policies, their different target groups and their particular needs through tailor-made approaches.

2018/10/30
Committee: LIBE

2018/0207(COD)

Michał BONI, Siegfried MUREŞAN, Tadeusz ZWIEFKA, Alain LAMASSOURE, Jaromír ŠTĚTINA, Carlos COELHO

Proposal for a regulation
Recital 4 a (new)

(4a) Full respect and promotion of rule of law and democracy is a fundamental Union value. It is also the basic condition for building citizens’ trust in the Union as well as between Member States. Respect for the rule of law within the Union is a prerequisite for the protection of fundamental rights, as well as for upholding all rights and obligations deriving from the Treaties. This programme should therefore promote and safeguard fundamental rights, democracy and the rule of law at local, regional, national and transnational levels.

2018/10/30
Committee: LIBE

2018/0207(COD)

Michał BONI, Siegfried MUREŞAN, Tadeusz ZWIEFKA, Alain LAMASSOURE, Jaromír ŠTĚTINA, Carlos COELHO

Proposal for a regulation
Recital 6

(6) Remembrance activities and critical reflection on Europe’s historical memory are ~~necessary~~important to make citizens aware of the common history and values, as the foundation for a common future, moral purpose and shared values. The relevance of historical, cultural and intercultural aspects should also be taken into account, as well as the links between remembrance and the creation of a European identity and sense of belonging together.

2018/10/30
Committee: LIBE

2018/0207(COD)

Proposal for a regulation
Article 18 a (new)

Article 18a Programme contact points The Commission shall set up Contact Points in Member States in cooperation with local partners and/or Member States. The contact points shall provide stakeholders and beneficiaries of the Programme with impartial guidance and practical information and assistance in relation to all aspects of the Programme, including in relation to the application procedure, project implementation procedures, reporting and other formalities. The contact points may be managed by Member States or civil society organisations or consortia thereof.

2018/10/26
Committee: AFCO

2018/0207(COD)

Michał BONI, Siegfried MUREŞAN, Tadeusz ZWIEFKA, Alain LAMASSOURE, Jaromír ŠTĚTINA, Carlos COELHO

Proposal for a regulation
Annex I

Activities of the Programme The specific objectives of the Programme referred to in Article 2(2) will be pursued in particular through support to the following activities: (a) of information to improve the knowledge of the policies and rights in the areas covered by the Programme; (b) mutual learning through exchange of good practices among stakeholders to improve knowledge and mutual understanding and civic and democratic engagement; (c) activities31 to improve the understanding of the situation in the Member States and at EU level in the areas covered by the Programme as well as to improve the implementation of EU law and policies ; (d) training relevant stakeholders to improve their knowledge of the policies and rights in the fields covered; (e) information and Communication Technology (ICT) tools development and maintenance; (f) strengthening citizen's awareness of European culture, history and remembrance as well as their sense of belonging to the Union; (g) different nationalities and cultures by giving them the opportunity to participate in town-twinning activities; (h) participation in the construction of a more democratic Union as well as awareness of rights and values through support to civil society organisations (i) organisational support to implement Regulation [(EU)No 211/2011], thereby underpinning the exercise by citizens of the right to launch and support European citizens’ initiatives; (j) European networks to promote and further develop Union law, policy goals and strategies as well as supporting civil society organisations active in the areas covered by the Programme. (k) programme and dissemination and transferability of its results and fostering citizen outreach, including by setting up and supporting programme desks/national contact network. _________________ 31 These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.deleted awareness raising, dissemination analytical and monitoring bringing together Europeans of encouraging and facilitating active financing the technical and developing the capacity of enhancing knowledge of the

2018/10/26
Committee: AFCO

2018/0207(COD)

Proposal for a regulation
Recital 18

(18) Independent human rights bodies and civil society organisations play an essential role in promoting, safeguarding and raising awareness of the Union’s common values under Article 2 TEU, and in contributing to the effective enjoyment of rights under Union law, including the Charter of Fundamental Rights of the EU. As reflected in the European Parliament Resolution of 189 April 2018, adequate financial support is key to the development of a conducive and sustainable environment for civil society organisations to strengthen their role and perform their functions independently and effectively. Complementing efforts at national level, EU funding should therefore contribute to support, empower and build the capacity of independent civil society organisations active in the promotion of ~~human~~Union values such as democracy, rule of law and fundamental rights, whose activities help the strategic enforcement of rights under EU law and the Charter of Fundamental Rights of the EU, including through advocacy and watchdog activities, as well as to promote, safeguard and raise awareness of the Union’s common values at national level.

2018/10/30
Committee: LIBE

2018/0207(COD)

Michał BONI, Siegfried MUREŞAN, Tadeusz ZWIEFKA, Alain LAMASSOURE, Jaromír ŠTĚTINA, Carlos COELHO

Proposal for a regulation
Recital 20

(20) TIn relation to the implementation of the specific objectives of promoting equality and rights, citizens’ engagement and participation in the democratic life of the Union, and combating violence against groups at risk, the Programme should be open, subject to certain conditions, to the participation of European Free Trade Association (EFTA) members which are members of the European Economic Area (EEA) and EFTA members which are not members of the EEA and other European countries. Acceding countries, candidate countries and potential candidate countries benefiting from a pre- accession strategy should also be able to participate in the Programme.

2018/10/30
Committee: LIBE

2018/0207(COD)

Michał BONI, Siegfried MUREŞAN, Tadeusz ZWIEFKA, Alain LAMASSOURE, Jaromír ŠTĚTINA, Carlos COELHO

Proposal for a regulation
Recital 21

(21) In order to ensure efficient allocation of funds from the general budget of the Union, it is necessary to ensure the European added value of all actions carried out, their complementarity to Member States’ actions, while consistency, complementarity and synergies shall be sought with funding programmes supporting policy areas with close links to each other, in particular within the Justice, Rights and Values Fund — and thus with the Justice Programme — as well as with Creative Europe programme, and Erasmus+ to realise the potential of cultural crossovers in the fields of culture, media, arts, education and creativity. It is necessary to create synergies with other European funding programmes, in particular in the fields of employment, internal market, enterprise, youth, health, citizenship, justice, migration, security, research, innovation, technology, industry, cohesion, tourism, external relations, trade and developmentincluding on local, national and international levels, directed at promoting and safeguarding the values enshrined in Article 2 of the Treaty of the European Union. The Commission should seek consistency, synergies and complementarity with Member States’ actions and with other funding programmes supporting policy areas with close links to Justice, Rights and Values Fund, including with Creative Europe programme, and Erasmus+, as well as with relevant policies of the Union.

2018/10/30
Committee: LIBE

2018/0207(COD)

Michał BONI, Siegfried MUREŞAN, Tadeusz ZWIEFKA, Alain LAMASSOURE, Jaromír ŠTĚTINA, Carlos COELHO

Proposal for a regulation
Recital 23

(23) Regulation (EU, Euratom) No [the new FR] (the ‘Financial Regulation’) applies to this Programme. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees. It is necessary to ensure that the Programme’s grant-making procedures and requirements are user- friendly for potential beneficiaries, including for local grassroot civil society organisations, and that they ensure full transparency on the use of resources, sound financial management and prudent use of resources.

2018/10/30
Committee: LIBE

2018/0207(COD)

Michał BONI, Siegfried MUREŞAN, Tadeusz ZWIEFKA, Alain LAMASSOURE, Jaromír ŠTĚTINA, Carlos COELHO

Proposal for a regulation
Recital 24

(24) The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, for the Commission and the beneficiaries, the capacity of potential beneficiaries and the expected risk of non- compliance. This should include consideration of the use of lump sums, flat rates ~~and~~, unit costs, financial support for third parties, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation. Co- funding should be accepted in kind, including in form of voluntary work, and may be waived in cases of limited complementary funding. In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council20 Council Regulation (Euratom, EC) No 2988/9521 Council Regulation (Euratom, EC) No 2185/9622 and Council Regulation (EU) 2017/193923 the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council24. In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. __________________ 20 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999,(OJ L248, 18.9.2013, p. 1. 21 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.95, p.1). 22 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L292.15.11.96, p.2). 23 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L283, 31.10.2017, p.1). 24 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).

2018/10/30
Committee: LIBE

2018/0207(COD)

Michał BONI, Siegfried MUREŞAN, Tadeusz ZWIEFKA, Alain LAMASSOURE, Jaromír ŠTĚTINA, Carlos COELHO

Proposal for a regulation
Recital 24 a (new)

(24a) In order to increase accessibility and provide guidance and practical information in relation to the Programme, contact points should be set up in Member States to provide assistance to both beneficiaries and applicants.

2018/10/30
Committee: LIBE

2018/0207(COD)

Michał BONI, Siegfried MUREŞAN, Tadeusz ZWIEFKA, Alain LAMASSOURE, Jaromír ŠTĚTINA, Carlos COELHO

Proposal for a regulation
Recital 25

(25) TIn relation to the implementation of the specific objectives of promoting equality and rights, citizens’ engagement and participation in the democratic life of the Union, and combating violence against groups at risk, third countries which are members 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.

2018/10/30
Committee: LIBE

2018/0207(COD)

Michał BONI, Siegfried MUREŞAN, Tadeusz ZWIEFKA, Alain LAMASSOURE, Jaromír ŠTĚTINA, Carlos COELHO

Proposal for a regulation
Article 2 – paragraph 1

1. The general objective of the Programme is to protect and promote rights and values as enshrined in the EU Treaties, in~~cluding~~ particular by supporting civil society organisations at local, national and transnational levels, in order to sustain open, rights-based, democratic, equal and inclusive societies.

2018/10/30
Committee: LIBE

2018/0207(COD)

Michał BONI, Siegfried MUREŞAN, Tadeusz ZWIEFKA, Alain LAMASSOURE, Jaromír ŠTĚTINA, Carlos COELHO

Proposal for a regulation
Article 2 – paragraph 2 – point a a (new)

(aa) to promote and protect democracy, rule of law and fundamental rights on local, national and transnational levels (Union values strand).

2018/10/30
Committee: LIBE

2018/0207(COD)

Michał BONI, Siegfried MUREŞAN, Tadeusz ZWIEFKA, Alain LAMASSOURE, Jaromír ŠTĚTINA, Carlos COELHO

Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)

(aa) promoting equality as a universal fundamental right and a core value of the Union;

2018/10/30
Committee: LIBE

2018/0207(COD)

Michał BONI, Siegfried MUREŞAN, Tadeusz ZWIEFKA, Alain LAMASSOURE, Jaromír ŠTĚTINA, Carlos COELHO

Proposal for a regulation
Article 5 a (new)

Article 5a Union values strand The programme shall focus on protecting and promoting democracy, rule of law and fundamental rights by providing financial support for independent civil society organisations which cultivate these values at local, national and transnational levels, creating enabling environment for democratic dialogue between representatives of different views, and protecting and promoting fundamental rights, including strengthening freedom of expression, peaceful assembly and association, media freedom, and pluralism of the media, academic freedom, freedom of religion or belief and the right to privacy and family life, all by supporting, empowering and building the capacity of independent civil society organisations active in the promotion of values referred to in Article 2 of the Treaty of the European Union.

2018/10/30
Committee: LIBE

2018/0207(COD)

Proposal for a regulation
Article 6 – paragraph 1

1. The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR [~~641 705~~1 500 000 000] in current prices.

2018/10/30
Committee: LIBE

2018/0207(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point a

(a) EUR [~~408.705~~500.000.000] for the specific objectives referred to in article 2(2)(a) and 2(2)(c);

2018/10/30
Committee: LIBE

2018/0207(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point a a (new)

(aa) EUR [735.000.000] for the specific objective referred to in point (aa) of Article 2(2);

2018/10/30
Committee: LIBE

2018/0207(COD)

Michał BONI, Siegfried MUREŞAN, Tadeusz ZWIEFKA, Jaromír ŠTĚTINA, Carlos COELHO

Proposal for a regulation
Article 6 – paragraph 2 – point b

(b) EUR [23365.000.000] for the specific objective referred to in Article 2(2)(b);

2018/10/30
Committee: LIBE

2018/0207(COD)

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2a. No less than 65% of funds referred to in points (a) and (b) of paragraph 2 of this Article shall be allocated to action grants, operating grants and core funding for civil society organisations.

2018/10/30
Committee: LIBE

2018/0207(COD)

Michał BONI, Siegfried MUREŞAN, Tadeusz ZWIEFKA, Alain LAMASSOURE, Jaromír ŠTĚTINA, Carlos COELHO

Proposal for a regulation
Article 8 – paragraph 2

2. The Programme may provide funding in any of the forms laid down in the Financial Regulation, which shall ensure sound financial management, prudent use of public funds, low administrative burden for the Programme operator and for beneficiaries as well as accessibility of the Programme funds to potential beneficiaries. The Programme shall provide funding primarily through action grants, annual and multiannual operating grants and core funding. It may use lump sums, unit costs, flat rates and financial assistance for third parties. Co- funding shall be accepted in kind and may be waived in cases of limited complementary funding.

2018/10/30
Committee: LIBE

2018/0207(COD)

Michał BONI, Siegfried MUREŞAN, Tadeusz ZWIEFKA, Alain LAMASSOURE, Jaromír ŠTĚTINA, Carlos COELHO

Proposal for a regulation
Article 9 a (new)

Article 9a Activities eligible for funding The general and specific objectives of the Programme referred to in Article 2 shall be pursued in particular through support to the following activities carried out by one or several eligible entities: (a) awareness raising, public education, promotion and dissemination of information to improve the knowledge of the policies, principles and rights in the areas covered by the Programme and its objectives; (b) analytical monitoring, reporting and advocacy activities to improve the understanding of the situation in the Member States and at Union level in the areas covered by the Programme as well as to improve the proper transposition and implementation of Union law, policies and common Union values within Member States, such activities to include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; and the elaboration and publication of guides, reports and educational material; (c) training relevant stakeholders to improve their knowledge of the policies and rights in the fields covered by the Programme and strengthening relevant stakeholders’ capability to advocate for the policies and rights in the fields covered by the Programme; (d) promoting public awareness and understanding of the risks, rules, safeguards and rights in relation to the protection of personal data, privacy, and digital security, as well as addressing targeted misinformation through awareness raising, trainings, studies and monitoring activities; (e) strengthening citizens’ awareness of European culture, history, core values and remembrance as well as their sense of solidarity and belonging to the Union; (f) bringing together Europeans of different nationalities and cultures by giving them the opportunity to participate in town-twinning activities and projects; (g) encouraging and facilitating active and inclusive participation in the construction of a more democratic Union as well as raising awareness, promoting and defending rights and values through support to civil society organisations; (h) financing the technical and organisational support to implement Regulation [(EU)No 211/2011], thereby underpinning the exercise by citizens of the right to launch and support European citizens’ initiatives; (i) supporting civil society organisations active in the areas covered by the Programme at all levels, as well as developing the capacity of European networks and civil society organisations to contribute to the development, awareness raising and monitoring of the implementation of Union law, policy goals, values and strategies; (j) strengthening the capacity and independence of human rights defenders and civil society organisations monitoring the situation of the rule of law and supporting actions on the local, regional and national levels; (k) supporting initiatives and measures to promote and protect freedom and pluralism of the media and to build capacity for new challenges such as new media and countering hate speech; (l) support and build capacity for civil society organisations active in promoting and monitoring transparency and integrity of public administration and fighting corruption; (m) supporting civil society organisations active in the area of protection and promotion of fundamental rights, including support for actions to raise awareness of fundamental rights and contribute to human rights education; (o) supporting activities aimed at promoting peaceful democratic dialogue between people of different political views.

2018/10/30
Committee: LIBE

2018/0207(COD)

Michał BONI, Siegfried MUREŞAN, Tadeusz ZWIEFKA, Alain LAMASSOURE, Jaromír ŠTĚTINA, Carlos COELHO

Proposal for a regulation
Article 18 a (new)

Article 18a Programme Contact Points The Commission shall set up contact points in all Member States in cooperation with local partners or the Member State in question. The contact points shall provide stakeholders and beneficiaries of the Programme with impartial guidance and practical information and assistance in relation to all aspects of the Programme, including in relation to the application procedure, project implementation procedures, reporting and other formalities. The contact points may be managed by Member States or civil society organisations or consortia thereof.

2018/10/30
Committee: LIBE

2018/0207(COD)

Michał BONI, Siegfried MUREŞAN, Tadeusz ZWIEFKA, Alain LAMASSOURE, Jaromír ŠTĚTINA, Carlos COELHO

Proposal for a regulation
Annex I

Activities of the Programme The specific objectives of the Programme referred to in Article 2(2) will be pursued in particular through support to the following activities: (a) of information to improve the knowledge of the policies and rights in the areas covered by the Programme; (b) of good practices among stakeholders to improve knowledge and mutual understanding and civic and democratic engagement; (c) activities31 to improve the understanding of the situation in the Member States and at EU level in the areas covered by the Programme as well as to improve the implementation of EU law and policies ; (d) improve their knowledge of the policies and rights in the fields covered; (e) Technology (ICT) tools development and maintenance; (f) of European culture, history and remembrance as well as their sense of belonging to the Union; (g) different nationalities and cultures by giving them the opportunity to participate in town-twinning activities; (h) participation in the construction of a more democratic Union as well as awareness of rights and values through support to civil society orgadeleted awareness raising, dissemination mutual learning through exchange analytical and monitoring training relevant stakeholders to information and Communiscations (i) organisational support to implement Regulation [(EU)No 211/2011], thereby underpinning the exercise by citizens of the right to launch and support European citizens’ initiatives; (j) European networks to promote and further develop Union law, policy goals and strategies as well as supporting civil society organisations active in the areas covered by the Programme. (k) programme and dissemination and transferability of its results and fostering citizen outreach, including by setting up and supporting programme desks/national contact network. __________________ 31 These activities include for instance the collection of data and statistics; the development of common methodologies and, wher strengthening citizens’ awareness bringing together Europeans of encouraging and facilitating active financing the technical and developing the cap~~propriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.~~acity of enhancing knowledge of the

2018/10/30
Committee: LIBE

2018/0166R(APP)

Janusz LEWANDOWSKI, Michał BONI

Paragraph 14 – point xvi

xvi. ~~Maintain~~Increase the level of 2014-2020 funding for several EU programmes (e.g. Justice, Rights and Values), for which the Commission proposal represents a reduction in real terms, to finance an internal European Democracy Fund for the strengthened support of civil society and NGOs working in the fields of democracy and human rights (EUR 0.5 billion);

2018/10/18
Committee: BUDG

2018/0166R(APP)

Janusz LEWANDOWSKI, Michał BONI

Paragraph 26

26. Stresses the importance of the new sanction mechanism whereby Member States that do not respect the values enshrined in Article 2 of the Treaty on European Union (TEU) shall be subject to financial consequences; warns, however, that final beneficiaries of the Union budget shall in no way be affected by the disregarding from their government towards fundamental rights and the rule of law; therefore underlines that measures shall not affect the obligation of government entities or of Member States to make payments to final beneficiaries or recipients; underlines the importance of an internal European Democracy Fund, believes however, that its financing cannot be at the expense of cohesion policy and other programmes; stresses that in order to fulfil the objectives of the fund, the principle of central management should apply;

2018/10/18
Committee: BUDG

2018/0148(COD)

Proposal for a regulation
Article 8 – paragraph 1

The information to be provided under Articles 4, 6 and 7 on the parameters indicated on the label shall be obtained byin accordance with applying the testing ~~and measurement~~ methods referred to in Annex I, and the laboratory alignment procedure referred to in Annex VI.

2018/11/06
Committee: ITRE

2018/0148(COD)

Proposal for a regulation
Annex I – part B – point 1

1. The wet grip class shall be determined and illustrated on the label on the basis of the wet grip index (G) according to the ‘A’ to ‘G’ scale specified in the table below, calculated in accordance with point 2 and ~~measured~~ in accordance with Annex 5 to UNECE Regulation 117.

2018/11/06
Committee: ITRE

2018/0148(COD)

Proposal for a regulation
Annex I – part C – title

C External rolling noise classes and ~~measured~~ value

2018/11/06
Committee: ITRE

2018/0148(COD)

Proposal for a regulation
Annex I – part C – paragraph 1

The external rolling noise ~~measured~~ value (N) shall be declared in decibels ~~and calculated~~ in accordance with Annex 3 to UNECE Regulation No 117.

2018/11/06
Committee: ITRE

2018/0148(COD)

Proposal for a regulation
Annex I – part C – paragraph 2

The external rolling noise class shall be determined and illustrated on the label ~~on the basis of~~in accordance with the limit values (LV) set out in ~~Part C of Annex II of Regulation (EC) No 661/2009 as follows~~UNECE Regulation No 117.

2018/11/06
Committee: ITRE

2018/0148(COD)

Proposal for a regulation
Annex I – part D – paragraph 1

The snow performance shall be ~~test~~labelled in accordance with Annex 7 to UNECE Regulation No 117.

2018/11/06
Committee: ITRE

2018/0148(COD)

Proposal for a regulation
Annex I – part D – paragraph 2

A tyre which satisfies the minimum snow index values set out in UNECE Regulation No 117 shall be classified as a snow tyre and the following icon ~~shall~~may be included on the label.

2018/11/06
Committee: ITRE

2018/0148(COD)

Proposal for a regulation
Annex I – part E – paragraph 1

The ice performance shall be ~~test~~labelled in accordance with ISO 19447.

2018/11/06
Committee: ITRE

2018/0148(COD)

Proposal for a regulation
Annex I – part E – paragraph 2

A tyre which satisfies the minimum ice index value set out in ISO 19447 and type approved according to the snow performance in UNECE Regulation No 117 shall be classified as an ice tyre and the following icon ~~shall~~may be included on the label.

2018/11/06
Committee: ITRE

2018/0136(COD)

Proposal for a regulation
Recital 1 a (new)

(1 a) Member States should uphold and cultivate the value of the rule of law and set an example by moving towards a shared culture of the rule of law, which is an essential condition for the legitimacy of the European project as a whole and the basic condition for building citizens' trust in the Union.

2018/11/15
Committee: LIBE

2018/0136(COD)

Proposal for a regulation
Recital 3

(3) The rule of law is a prerequisite for the protection of the other fundamental values on which the Union is founded, such as freedom, democracy, equality and respect for human rights. Respect for the rule of law is intrinsically linked to respect for democracy and for fundamental rights: there can be no democracy and respect for fundamental rights without respect for the rule of law and vice versa. Deterioration of the rule of law in one Member State negatively affects the rule of law in the Union as a whole.

2018/11/15
Committee: LIBE

2018/0136(COD)

Proposal for a regulation
Recital 8

(8) Respect for the rule of law is not only important for citizens of the Union, but also for business initiatives, innovation, investment and the proper functioning of the internal market, which will flourish most where a solid legal and institutional framework is in place. The rule of law is an essential condition for trust among actors operating on the internal market.

2018/11/15
Committee: LIBE

2018/0136(COD)

Proposal for a regulation
Recital 11

(11) Generalised deficiencies in the Member States as regards the rule of law which affect in particular the proper functioning of public authorities and effective judicial review, can seriously harm the financial interests of the Union, and Union citizens, regardless of where they live.

2018/11/15
Committee: LIBE

2018/0136(COD)

Proposal for a regulation
Recital 14 a (new)

(14 a) It is essential that the legitimate interests of final recipients and beneficiaries are properly safeguarded when measures are adopted in the event of a generalised deficiency. When considering the measures to be adopted, the Commission should take into account their potential impact on final recipients and beneficiaries.

2018/11/15
Committee: LIBE

2018/0136(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a

(a) endangering the independence of judiciary, including by setting any limitations on the ability to exercise judicial functions autonomously by externally intervening in guarantees of independence, by constraining judgement under external order, by arbitrarily revising rules on the appointment or terms of service of judicial personnel, or by influencing judicial staff in any way that jeopardises their impartiality;

2018/11/15
Committee: LIBE

2018/0112(COD)

Proposal for a regulation
Recital 6 a (new)

(6 a) Believes that better regulation in the digital age requires principle-based legislation coupled with complementary non-regulatory actions to effectively adapt to new technologies and new business models to prevent fragmentation of the single market;

2018/10/18
Committee: TRAN

2018/0112(COD)

Proposal for a regulation
Recital 8

(8) A wide variety of business-to- consumer commercial relations are intermediated online by providers operating multi-sided services that are essentially based on the same ecosystem- building business model. In order to capture the relevant services, online intermediation services should be defined in a precise and technologically-neutral manner. In particular, the services should consist of information society services, which are characterised by the fact that they ~~aim to facilitate the~~ initiat~~ing of~~e direct transactions between business users and consumers, irrespective of whether the transactions are ultimately concluded either online, on the online portal of the provider of the online intermediation services in question or that of the business user, or offline. In addition, the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers. Such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner, without an express written agreement necessarily being required.

2018/10/18
Committee: TRAN

2018/0112(COD)

Proposal for a regulation
Recital 9

(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, and any marketplace like functionality of online software applications services and online social media services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned. or electronic communications networks or services or audiovisual media services, which are subject to sector specific regulation in relation to transparency, redress and non discrimination;

2018/10/18
Committee: TRAN

2018/0112(COD)

Proposal for a regulation
Recital 6 a (new)

(6 a) Believes that better regulation in the digital age requires principle-based legislation coupled with complementary non-regulatory actions to effectively adapt to new technologies and new business models to prevent fragmentation of the single market;

2018/09/27
Committee: ITRE

2018/0112(COD)

Proposal for a regulation
Recital 11

(11) ~~For reasons of consistency, t~~The definition of online search engine used in this Regulation should be ~~aligned with~~broader than the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council21 in order to ensure technology-neutrality and recognise the variety of search services. _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).

2018/10/18
Committee: TRAN

2018/0112(COD)

Proposal for a regulation
Recital 9

(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, online software applications services and online social media services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned. or electronic communications networks or services or audiovisual media services, which are subject to sector specific regulation in relation to transparency, redress and non discrimination;

2018/09/27
Committee: ITRE

2018/0112(COD)

Proposal for a regulation
Recital 11

(11) ~~For reasons of consistency, t~~The definition of online search engine used in this Regulation should be ~~aligned with~~broader than the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council21 in order to ensure technology-neutrality and recognise the variety of search services. _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).

2018/09/27
Committee: ITRE

2018/0112(COD)

Proposal for a regulation
Recital 28 a (new)

(28 a) Considers that EU legislation should be guided by the concept of "as little as possible and as much as necessary", which means necessity of rules fitting for digital age and open and technologically neutral enough to accommodate future developments; Appreciates the Commission's initiative to analyse the role of platforms in the Digital Economy, ensuring a comprehensive and similar approach to framework across the digital market; considers that "a one size fits all" solution may have a chilling effect on innovation and put European companies at a competitive disadvantage in the global economy;

2018/10/18
Committee: TRAN

2018/0112(COD)

Proposal for a regulation
Article 1 – paragraph 1 a (new)

1 a. Member States shall not maintain or introduce in their national law provisions on the subject-matters covered by this Regulation and diverging from the provision laid down in this Regulation.

2018/10/18
Committee: TRAN

2018/0112(COD)

Proposal for a regulation
Article 1 – paragraph 2 a (new)

2 a. This Regulation should apply where the terms and conditions of a contractual relationship, regardless of their name or form, are not individually negotiated by the parties to them.

2018/10/18
Committee: TRAN

2018/0112(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b

(b) the~~y allow~~ir primary purpose is to enable business users to offer goods or services to consumers, ~~with a view to facilitating the~~by initiating of direct transactions between those business users and consumers~~, irrespective of where those transactions are ultimately concluded~~;

2018/10/18
Committee: TRAN

2018/0112(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) 'online search engine' means a digital service or interface or mobile applications that allows users to perform searches of~~, in principle, all websites or websites~~ web content, in a particular language on the basis of a query ~~on any subject~~ in the form of a keyword, phrase or other input in many options, and returns ~~links~~result in which information related to the reque~~sted content~~ry can be found;

2018/10/18
Committee: TRAN

2018/0112(COD)

(28 a) Considers that EU legislation should be guided by the concept of “as little as possible and as much as necessary”, which means necessity of rules fitting for digital age and open and technologically neutral enough to accommodate future developments; Appreciates the Commission’s initiative to analyse the role of platforms in the Digital Economy, ensuring a comprehensive and similar approach to framework across the digital market; considers that “a one size fits all” solution may have a chilling effect on innovation and put European companies at a competitive disadvantage in the global economy;

2018/09/27
Committee: ITRE

2018/0112(COD)

Proposal for a regulation
Article 3 – paragraph 5

5. Paragraph 3 shall not apply where a provider of online intermediation services is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3.reasonably believes that to provide the full notice period would: a) breach the law b) compromise a legal investigation c) cause harm to users of the online intermediation service

2018/10/18
Committee: TRAN

2018/0112(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b

(b) the~~y allow~~ir primary purpose is to enable business users to offer goods or services to consumers, ~~with a view to facilitating the~~by initiating of direct transactions between ~~those~~ business users and consumers~~, irrespective of where those transactions are ultimately concluded~~;

2018/09/27
Committee: ITRE

2018/0112(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking ~~and the reasons for the relative importance of those main parameters as opposed to other parameters~~.

2018/10/18
Committee: TRAN

2018/0112(COD)

Proposal for a regulation
Article 5 – paragraph 2

2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking, by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall keep that description up to date with regard to material changes that can reasonably be expected to affect corporate website users in substantive manner and having a negative result.

2018/10/18
Committee: TRAN

2018/0112(COD)

(5) ‘online search engine’ means a digital service or interface or mobile applications that allows users to perform searches of~~, in principle, all websites or websites~~ web content, in a particular language on the basis of a query ~~on any subject~~ in the form of a keyword, phrase or other input in many options, and returns ~~links~~result in which information related to the reque~~sted content~~ry can be found;

2018/09/27
Committee: ITRE

2018/0112(COD)

Proposal for a regulation
Article 5 – paragraph 4

4. Providers of online intermediation services and providers of online search engines shall, when complying with the requirements of this Article, not be required to disclose any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943 nor any information that would be likely to facilitate the manipulation of results or the deception of consumers.

2018/10/18
Committee: TRAN

2018/0112(COD)

Proposal for a regulation
Article 8 – paragraph 2

2. The obligation set out in paragraph 1 shall not affect any prohibitions or limitations in respect of the imposition of such restrictions that result from the application of other Union rules or from national rules that are in accordance with Union law and to which the providers of the online intermediation services are subject.deleted

2018/10/18
Committee: TRAN

2018/0112(COD)

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of ~~any~~ disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned~~, including complaints that~~ which could not be resolved by means of the internal complaint-handling system referred to in Article 9.

2018/10/18
Committee: TRAN

2018/0112(COD)

Proposal for a regulation
Article 10 – paragraph 3

3. Providers of online intermediation services and business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1, with a view to reaching an agreement on the settlement of the dispute.

2018/10/18
Committee: TRAN

2018/0112(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b

(b) they pursue objectives that are in the collective interest of the group of business users or corporate website users that they represent; the group must consist at least majority of business users or corporate website users;

2018/10/18
Committee: TRAN

2018/0112(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c

(c) they are of a non-profit making character and are transparent for bringing a claim.

2018/10/18
Committee: TRAN

2018/0112(COD)

Proposal for a regulation
Article 15 – paragraph 2

2. It shall apply from [date: ~~six~~twelve months following the day of its publication].

2018/10/18
Committee: TRAN

2018/0112(COD)

Proposal for a regulation
Article 5 – paragraph 2

2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking, by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall keep that description up to date with regard to material changes that can reasonably be expected to affect corporate website users in substantive and having a negative result.

2018/09/27
Committee: ITRE

2018/0112(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part

Organisations or associations shall have the right referred to in paragraph 1 only where, at the time of bringing the action and for the duration of the action, they meet all of the following requirements:

2018/09/27
Committee: ITRE

2018/0112(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a

(a) they are properly constituted according to the law of a Member State and hold a qualified license issued by Member State;

2018/09/27
Committee: ITRE

2018/0112(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b

(b) they pursue objectives that are in the collective interest of the group of business users or corporate website users that they represent; The Group must consist at least majority of business users or corporate website users;

2018/09/27
Committee: ITRE

2018/0112(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c

(c) they are of a non-profit making character. and are transparent for bringing a claim

2018/09/27
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Recital 3

(3) Following the stakeholder consultation and in the light of the Impact Assessment30 results, the Commission considered that action at Union level was necessary in order to address the remaining and emerging barriers to a wide re-use of public sector and publicly-funded information across the Union and to bring the legislative framework up to date with the advances in digital technologies, such as Artificial Intelligence ~~and~~, the Internet of Things~~. _________________ 30~~, High Performance Cloud Computing and Quantum Technology. Open-source data sets will contribute to rapidly progress and create a new strategy to embrace a new digital technologies, especially AI. _________________ 30 SWD(2018) 127. SWD(2018) 127.

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Recital 20

(20) The Member States often entrust the provision of services in the general interest with entities outside of the public sector while maintaining a high degree of control over such entities. At the same time, the provisions of the Directive 2003/98/EC apply only to documents held by public sector bodies, while excluding public undertakings from its scope. This leads to a poor availability for re-use of documents produced in the performance of services in the general interest in a number of areas, notably in the utility sectors. It also greatly reduces the potential for the creation of cross-border services based on documents held by public undertakings that provide services in the general interest. Re- use of data can play an important role in kick-starting the development of new services based on novel ways to combine and make use of such information, stimulate economic growth and promote public engagement.

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Recital 21

(21) Directive 2003/98/EC should therefore be amended in order to ensure that its provisions can be applied to the re- use of documents produced in the performance of services in the general interest by public undertakings pursuing one of the activities referred to in Articles 8 to 14 of Directive 2014/25/EU of the European Parliament and of the Council33 , as well as by public undertakings acting as public service operators pursuant to Article 2 of Regulation (EC) No 1370/2007 of the European Parliament and the Council on public passenger transport services by rail and by road, public undertakings acting as air carriers fulfilling public service obligations pursuant to Article 16 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community, and public undertakings acting as Community shipowners fulfilling public service obligations pursuant to Article 4 of Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage). Due to the critical nature of their activities and to security and notification requirements they have to comply with, the provisions shall not apply to public undertakings where their activities fall under rules governing operators of critical infrastructures including operators of essential services as defined in point (4) of Article 4 of Directive (EU) 2016/1148. _________________ 33 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Recital 23

(23) The volume of research data generated is growing exponentially and has potential for re-use beyond the scientific community. In order to be able to address mounting societal challenges efficiently and in a holistic manner, it has become crucial and urgent to be able to access, blend and re-use data from different sources, as well as across sectors and disciplines. Research data includes statistics, results of experiments, measurements, observations resulting from fieldwork, survey results, interview recordings and images. It also includes meta-data, specifications and other digital objects. Research data is different from scientific articles reporting and commenting on findings resulting from their scientific research. For many years, the open availability and re-usability of scientific research results stemming from public funding has been subject to specific policy initiatives. Open access policies aim in particular to provide researchers and the public at large with access to research data as early as possible in the dissemination process and to enable its use and re-use. Open access helps enhance quality, reduce the need for unnecessary duplication of research, speed up scientific progress, combat scientific fraud, and it can overall favour economic growth and innovation. Beside open access, data management planning is swiftly becoming a standard scientific practice for ensuring data that is findable, accessible, interoperable and re- usable (FAIR principles), as is the consistent provision of data management plans which must be further encouraged.

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Recital 24

(24) For the reasons explained above, it is appropriate to set an obligation on Member States to adopt open access policies with respect to publicly-funded research results and ensure that such policies are implemented by all research performing organisations and research funding organisations. Open access policies typically allow for a range of exceptions from making scientific research results openly available. On 17 July 2012, the Commission adopted a Recommendation on access to and preservation of scientific information, updated on 25 April 201834 , and describing, among other things, relevant elements of open access policies. Additionally, the conditions, under which certain research results can be re-used, should be improved. For this reason, certain obligations stemming from this Directive should be extended to research data resulting from scientific research activities subsidised by public funding or co-funded by public and private-sector entities. As a result, partially or fully publicly-funded research data should be made open as the default option. However, in this context, concerns in relation to privacy, protection of personal data, trade secrets, national and public security, legitimate commercial interests and to intellectual property rights of third parties should be duly taken into account in accordance with the principle "as open as possible, as closed as necessary" in order to focus on encouraging data management as an essential part of research. Where access to data or metadata is restricted, valid reasons for these restrictions on re-use must be communicated to the public. In order to avoid any administrative burden, such obligations should only apply to such research data that have already been made publicly available by researchers. Other types of documents held by research performing organisations and research funding organisations should continue to be exempt from the scope of application of this Directive. _________________ 34 C(2018)2375 C(2018)2375

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Recital 27

(27) Public sector bodies and public undertakings are increasingly making their documents available for re-use in a proactive manner, by ensuring online discoverability and actual availability of both metadata and the underlying content. Documents should also be made available for re-use following a request lodged by a re-user. In those cases, the time limit for replying to requests for re-use should be reasonable and in accordance with the equivalent time for requests to access the document under the relevant access regimes. ~~Public undertakings, e~~Educational establishments, research performing organisations and research funding organisations should however be exempt from this requirement. Reasonable time limits throughout the Union will stimulate the creation of new aggregated information products and services at pan-European level. This is particularly important for dynamic data ( including traffic data , satellite data, weather data ), the economic value of which depends on the immediate availability of the information and of regular updates. Dynamic data should therefore be made available immediately after collection, via an Application Programming Interface so as to facilitate the development of internet, mobile and cloud applications based on such data. Whenever this is not possible due to technical or financial constraints, public sector bodies and public undertakings should make the documents available in a timeframe that allows their full economic potential to be exploited. Should a licence be used, the timely availability of documents may be a part of the terms of the licence.

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Recital 28

(28) In order to get access to the data opened for re-use by this Directive, the use of suitable and well-designed Application Programming Interfaces (APIs) is needed. An API describes the kind of data can be retrieved, how to do this and the format in which the data will be received. It has different levels of complexity and can mean a simple link to a database to retrieve specific datasets, a web interface, or more complex set-ups. There is general value in re-using and sharing data via a suitable use of APIs as this will help developers and start-ups to create new services and products. It is also a crucial ingredient of creating valuable ecosystems around data assets that are often unused. The set-up and use of API needs to be based on several principles: stability, maintenance over lifecycle, uniformity of use and standards, user-friendliness as well as security. For dynamic data, meaning frequently updated data, often in real time, public sector bodies and public undertakings shall make this available for re-use immediately after collection by ways of suitable APIs which need to be compatible with the FAIR principles.

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Recital 30

(30) To facilitate re-use, public sector bodies ~~should~~and public undertakings, where possible and appropriate, make documents , including those published on websites, available through open and machine- readable formats and together with their metadata, at the best level of precision and granularity, in a format that ensures interoperability, e.g. by processing them in a way consistent with the principles governing the compatibility and usability requirements for spatial information under Directive 2007/2/EC of the European Parliament and of the Council36 . _________________ 36 Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p.1).

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Recital 31

(31) A document should be considered to be in a machine-readable format if it is in a file format that is structured in such a way that software applications can easily identify, recognise and extract specific data from it. Data encoded in files that are structured in a machine-readable format should be considered to be machine- readable data. Machine-readable formats can be open or proprietary; they can be formal standards or not. Documents encoded in a file format that limits automatic processing, because the data cannot, or cannot easily, be extracted from them, should not be considered to be in a machine-readable format. Member States should where possible and appropriate encourage the use of open, machine- readable formats. Solusions developed by ISA² programme should be taken into account in designing technical methods for re-use of data.

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Recital 33

(33) Libraries, museums and archives should also be able to charge above marginal costs in order not to hinder their normal running. In the case of such public sector bodies the total income from supplying and allowing re-use of documents over the appropriate accounting period should not exceed the cost of collection, production, reproduction, dissemination, preservation and rights clearance, together with a reasonable return on investment. Where applicable, the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost. For the purpose of libraries, museums and archives and bearing in mind their particularities, the prices charged by the private sector for the re-use of identical or similar documents could be considered when calculating a reasonable return on investment. Such charges above marginal costs should be set according to transparent, traceable and verifiable criteria.

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Recital 36

(36) Ensuring that the conditions for re- use of public sector documents are clear and publicly available is a pre-condition for the development of a Union-wide information market. Therefore all applicable conditions for the re-use of the documents should be made clear to the potential re-users. Member States should encourage the creation of indices accessible on line, where appropriate, of available documents so as to promote and facilitate requests for re-use. Applicants for re-use of documents held by entities other than ~~public undertakings,~~ educational establishments, research performing organisations and research funding organisations should be informed of available means of redress relating to decisions or practices affecting them. This will be particularly important for SMEs and Start-ups which may not be familiar with interactions with public sector bodies from other Member States and corresponding means of redress.

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Recital 47

(47) This Directive is without prejudice and should be implemented and applied in full compliance with Union law relating to the protection of personal data including Regulation (EU) 2016/679 of the European Parliament and of the Council37 and Directive 2002/58/EC of the European Parliament and of the Council38 . Anonymisation is a means to reconcile the interests in making public sector information as re-usable as possible with the obligations under data protection legislation, but comes at a cost. It is appropriate to consider this cost as one of the cost items to be considered as part of the marginal cost of dissemination as defined in Article 6 of this Directive. The obligation to make all generally available documents re-usable should be fulfilled while guaranteeing the protection of privacy and personal data in respect with the Union data protection legislation, including in cross-border data reuse, by ensuring the anonymisation of the personal data, where appropriate. _________________ 37 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) […]. 38 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 (Directive on privacy and electronic communications) (OJ L 201 , 31/07/2002 p. 37).

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Article 1 – paragraph 2 – point b

(b) documents held by public undertakings, produced outside the scope of the provision of services in the general interest as defined by law or other binding rules in the Member State or documents held by public undertakings due to their activities which fall under the definition of operators of essential services according to the NIS directive;

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Article 1 – paragraph 2 – point k a (new)

(ka) documents held by institutions which are covered by definition of critical infrastructure as defined by Article 2(a) of Directive 2008/114/EC;

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 9 a (new)

9a. "personal data" means data as defined in Article 4 (1) of Regulation (EU) 20016/679;

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Article 4 – paragraph 1

1. Public sector bodies and public undertakings shall, through electronic means where possible and appropriate, process requests for re-use and shall make the document available for re- use to the applicant or, if a licence is needed, finalise the licence offer to the applicant within a reasonable time that is consistent with the time-frames laid down for the processing of requests for access to documents.

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Article 4 – paragraph 2

2. Where no time limits or other rules regulating the timely provision of documents have been established, public sector bodies and public undertakings shall process the request and shall deliver the documents for re-use to the applicant or, if a licence is needed, finalise the licence offer to the applicant within a timeframe of not more than 20 working days after its receipt. This timeframe may be extended by another 20 working days for extensive or complex requests. In such cases the applicant shall be notified within three weeks after the initial request that more time is needed to process it.

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Article 4 – paragraph 3

3. In the event of a negative decision, the public sector bodies and public undertakings shall communicate the grounds for refusal to the applicant on the basis of the relevant provisions of the access regime in that Member State or of the national provisions adopted pursuant to this Directive, in particular points (a) to (g) of Article 1(2) or Article 3. Where a negative decision is based on point (c) of Article 1(2), the public sector body and public undertakings shall include a reference to the natural or legal person who is the rightholder, where known, or alternatively to the licensor from which the public sector body has obtained the relevant material. Libraries, including university libraries, museums and archives shall not be required to include such a reference.

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Article 4 – paragraph 5 – point a

~~(a) public undertakings;~~deleted

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Article 5 – paragraph 2

2. PAs long as the re-users have any possibility re-use the requested documents, paragraph 1 shall not imply an obligation for public sector bodies or public undertakings to create or adapt documents or provide extracts in order to comply with that paragraph where this would involve disproportionate effort, going beyond a simple operation.

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Article 10 – paragraph 1

1. Member States shall support the availability of research data by adopting national policies and relevant actions aiming at making publicly funded research ~~data openly available ('open access policies')~~FAIR (findable, accessible, interoperable, re-usable). All partially or fully publicly- funded research data should be made open by default, with any restrictions. These open access policies shall be addressed to research performing organisations and research funding organisations.

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Article 10 – paragraph 2

2. Research data shall be re-usable for commercial or non-commercial purposes under the conditions set out in Chapters III and IV, insofar as they are publicly funded and whenever access to such data is provided through an institutional or subject-based repositoryies or other local, national or international data infrastructure. In this context, legitimate commercial interests, knowledge transfer activities and pre- existing intellectual property rights shall be taken into account. This provision shall be without prejudice to point (c) of Article 1(2).

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Article 12 – paragraph 4

4. Legal or practical arrangements that, without expressly granting an exclusive right, aim at or could reasonably be expected to lead to a restricted availability for re-use of documents by entities other than the third party participating in the arrangement, shall be made publicly available at least two months before their coming into effect. The final terms of such arrangements shall be transparent and made publicly available in compliance with competition law within the limits of public security.

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Article 13 – paragraph 1

1. ~~With a view to achieving the objectives of this Directive, the Commission shall adopt~~Member States shall ensure that the list of categories of high value datasets, listed in Annex Ia are available for free, machine-readable and accessible for download, and where appropriate, via APIs. The conditions for re-use shall be compatible with open standard licences. The Commission shall be empowered to adopt delegated acts in accordance with Article 14 in order to extend the list of categories of high value datasets in Annex Ia new and in particular to further specify the list of high value datasets among the documents to which this Directive applies, together with the modalities of their publication and re- use.

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Article 13 – paragraph 3

3. By way of exception, the free availability referred to in paragraph 2 shall not apply to high-value datasets of public undertakings if the impact assessment referred to in Article 13(7) shows that making the datasets available for free will lead to a considerable distortion of competition in the respective markets. In the process of conducting Impact Assessment, a national competition authority, competent on a respective market of Member State, might be consulted.

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Article 13 – paragraph 5

5. The selection of ~~datasets for the list~~the list of categories referred to in paragraph 1 shall be based on the assessment of their potential to generate socio-economic benefits, the number of users and the revenues they may help generate, and their potential for being combined with other datasets. The provided list in Annex Ia is not exhaustive and may be expanded through delegated act, where appropriate;

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Article 13 – paragraph 7 a (new)

7a. For the purposes of paragraph 7, the Commission shall carry out public consultations with all interested parties including competent bodies holding public sector information, users and re- users, applicants for the use and re-use, civil society groups and other involved organisations. All interested parties shall be given the possibility to submit suggestions to the Commission for additional categories of high value datasets or concrete datasets. The Commission shall take these into account, or provide the interested party with reasons for not taking them into account.

2018/10/12
Committee: ITRE

2018/0111(COD)

Proposal for a directive
Annex I a (new)

Category: - Geospatial date Examples of Datasets: Postcodes, national and local maps (cadastral, topographic, marine, administrative boundaries, etc.) - Earth observation and Environment Examples of Datasets: Space and in situ data (monitoring of weather, land and water quality, energy consumption, emission levels, etc.) - Transport data Examples of Datasets: Public transport timetables (all modes of transport) at national, regional and local levels, road works, traffic information, etc. - Statistics Examples of Datasets: National, regional and local statistical data with main demographic and economic indicators (GDP, age, health, unemployment, income, education, etc.) - Companies Examples of Datasets: Company and business registers (lists of registered companies, ownership and management data, registration identifiers, balance sheets, etc.)

2018/10/12
Committee: ITRE

2018/0103(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 6

(6) ‘use’ means any processing, formulation, ~~storage~~consumption, storage, keeping, treatment ~~or mix~~, filling, in~~cluding in the~~to containers, transfer from one container to another, mixing, production of an article, or any other utilisation;

2018/11/05
Committee: LIBE

2018/0103(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 11

(11) ‘restricted explosives precursor’ means a substance listed in Annex I, ~~in a concentration higher than, or, in the case of ammonium nitrate,~~ in a concentration equal to or higher than the corresponding limit value set out in column 2 therein and includes a mixture or another substance in which such a listed substance is present in a concentration ~~higher than, or, in the case of ammonium nitrate, in a concentration~~ equal to or higher than the corresponding limit value;

2018/11/05
Committee: LIBE

2018/0103(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)

2a. The Commission shall ensure that the guidelines provided for in paragraph 1 are in all official languages of the European Union.

2018/11/05
Committee: LIBE

2018/0103(COD)

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1

The Commission shall adopt delegated acts in accordance with Article 16 concerning ~~the addition of substances to Annex I and~~ changes of the limit values in Annex I to the extent necessary to accommodate developments in the misuse of substances as explosives precursors, or on the basis of research and testing, as well as concerning the addition of substances to Annex II, where necessary to accommodate developments in the misuse of substances as explosives precursors. The Commission shall, as part of the preparation of the delegated acts, consult relevant stakeholders, in particular the chemical industry and the retail sector.

2018/11/05
Committee: LIBE

2018/0103(COD)

Proposal for a regulation
Article 15 – paragraph 2

2. The Commission shall adopt a separate delegated act in respect of each ~~addition of substances to Annex I and each~~ change of the limit values in Annex I and each new substance added to Annex II. Each delegated act shall be based on an analysis demonstrating that the amendment is not likely to lead to disproportionate burdens on economic operators or consumers, having due regard to the objectives sought to be achieved.

2018/11/05
Committee: LIBE

2018/0103(COD)

Proposal for a regulation
Article 20 – paragraph 1 – introductory part

1. Member States shall report to the Commission ~~[on~~by 30 March [the year after the ~~date of applic~~year of the entry into force of the Regulation] and subsequently on an annual basis, the following information:

2018/11/05
Committee: LIBE

2018/0103(COD)

Proposal for a regulation
Article 22 – paragraph 1

~~No sooner than [six~~By [five years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The evaluation shall be conducted according to the Commission's better regulation Guidelines.

2018/11/05
Committee: LIBE

2018/0103(COD)

Proposal for a regulation
Article 23 – paragraph 2

It shall apply from [~~one year~~24 months after the date of entry into force].

2018/11/05
Committee: LIBE

2018/0018(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2

The joint clinical assessment report shall be accompanied by a summary report and the~~y shall be prepared in accordance with the requirements in this Article and the requirements established pursuant to Articles 11, 22, and 23~~ assessment report should be publicly accessible without delay.

2018/06/18
Committee: ENVI

2018/0018(COD)

Proposal for a regulation
Article 6 – paragraph 5 – introductory part

5. The conclusions of the joint clinical assessment report shall ~~be limited to the follow~~containg:

2018/06/18
Committee: ENVI

2018/0018(COD)

Proposal for a regulation
Article 6 – paragraph 5 – point a

(a) an analysis of the relaspective effects of the health technology being assessed on the patient-relevant health outcomes chosen for the assessment;

2018/06/18
Committee: ENVI

2018/0018(COD)

Proposal for a regulation
Article 8 – paragraph 1 a (new)

1a. Paragraph 1(b) shall not prevent Member States from carrying out assessments on the added clinical value of the technologies concerned as part of national or regional appraisal processes which may consider clinical as well as non-clinical data and evidence specific to the Member State concerned which did not form part of the joint clinical assessment and which are necessary to complete the general assessment of health technology, provided these additional requirements do not delay patient access to these technologies.

2018/06/15
Committee: ENVI

2018/0018(COD)

Proposal for a regulation
Article 13 – paragraph 2

2. The designated sub-group shall request the health technology developer to submit the ~~documentation containing the information, data and evidence necessary~~available and up to date documentation containing all stages of information processing, data and studies require for the joint scientific consultation.

2018/06/15
Committee: ENVI

2018/0003(NLE)

Proposal for a regulation
Recital 10 a (new)

(10a) Calls on the Commission and Member States to explore appropriate governance and funding frameworks, taking sufficient consideration of EuroHPC JU initiative and their sustainability and of a European-wide level playing field; stresses that Member States should consider the funding programmes in an integrated way to Commission’s approach;

2018/05/03
Committee: ITRE

2018/0003(NLE)

Michał BONI, Gunnar HÖKMARK, Seán KELLY, Marian-Jean MARINESCU, Krišjānis KARIŅŠ

Proposal for a regulation
Recital 10 b (new)

(10b) Believes that the European Technology Platform and the cPPP on HPC are crucial to define Europe’s research priorities in developing European technology in all segments of the HPC solution supply chain;

2018/05/03
Committee: ITRE

2018/0003(NLE)

Proposal for a regulation
Recital 12 a (new)

(12a) Believes that the HPC initiative ensures investments into science and research sectors in order to create business incentives and tools to share and use data as widely as possible, underpinned by building a strong cloud and data infrastructure in Europe;

2018/05/03
Committee: ITRE

2018/0003(NLE)

Michał BONI, Gunnar HÖKMARK, Seán KELLY, Krišjānis KARIŅŠ

Proposal for a regulation
Recital 12 b (new)

(12b) Stresses that EuroHPC JU, should be treated as an integral part of the European Data Infrastructure across the whole ecosystem and the benefits should be promoted widely;

2018/05/03
Committee: ITRE

2018/0003(NLE)

Michał BONI, Gunnar HÖKMARK, Seán KELLY, Krišjānis KARIŅŠ

Proposal for a regulation
Recital 12 c (new)

(12c) Believes that Europe needs a complete demand-driven HPC ecosystem including trusted and secure high-speed network services, to acquire leadership- class supercomputers, secure its HPC system supply, and deploy HPC services to industry and SMEs for simulation, visualisation and prototyping. Considers that it is of utmost importance to put the EU among the top supercomputing powers in the world by 2022;

2018/05/03
Committee: ITRE

2018/0003(NLE)

Michał BONI, Gunnar HÖKMARK, Seán KELLY, Krišjānis KARIŅŠ

Proposal for a regulation
Recital 13 a (new)

(13a) Calls on the Commission to encourage more Member States to join EuroHPC JU and use it as a priority area for research and development programmes corresponding with national activities. Stresses that the European Commission should promote the initiative in all Member States as part of a strong political and economic commitment in digital innovation;

2018/05/03
Committee: ITRE

2018/0003(NLE)

Michał BONI, Gunnar HÖKMARK, Seán KELLY, Krišjānis KARIŅŠ

Proposal for a regulation
Recital 15 a (new)

(15a) Supports the Commission efforts together with European industry researchers and academia for deployment of EuroHPC JU in synergy with Big Data, the European Technology Platform for High Performance Computing Value PPP and the cPPP that enhance community building around data and set the grounds for a thriving data-driven economy in Europe.

2018/05/03
Committee: ITRE

2018/0003(NLE)

Michał BONI, Gunnar HÖKMARK, Seán KELLY, Krišjānis KARIŅŠ

Proposal for a regulation
Recital 20 a (new)

(20a) The supercomputers acquired and supported by the Joint Undertaking should be designed and selected in order to maximise their efficiency for scientific purposes as well as for their use by industry. For that reason, the European Commission need take steps to further strengthen the assessment of efficiency and cost-effectiveness in its evaluations.

2018/05/03
Committee: ITRE

2018/0003(NLE)

Michał BONI, Gunnar HÖKMARK, Seán KELLY, Krišjānis KARIŅŠ

Proposal for a regulation
Recital 30 a (new)

(30a) Underlines that HPC initiative providers operating in the Union must compete on an even playing field, with the same rules applicable to all.

2018/05/03
Committee: ITRE

2018/0003(NLE)

Michał BONI, Gunnar HÖKMARK, Seán KELLY, Krišjānis KARIŅŠ

Proposal for a regulation
Recital 31 a (new)

(31a) Broad participation across the Union and fair and reasonable access for non-EU actors is important in order to realise the full potential of a European supercomputer capable of contributing to European excellent science and regional competitiveness. In this regard, all potential synergies between EuroHPC and EU research programmes should be explored. Furthermore, underlines the importance of fully integrating the EuroHPC with existing leading research and development structures, so as to maximise efficiency and facilitate its use.

2018/05/03
Committee: ITRE

2018/0003(NLE)

Proposal for a regulation
Recital 34 a (new)

(34a) Encourages the Commission and the Member States to communicate the economic potential of High Performance Computing to SMEs in particular.

2018/05/03
Committee: ITRE

2018/0003(NLE)

Michał BONI, Gunnar HÖKMARK, Seán KELLY, Krišjānis KARIŅŠ

Proposal for a regulation
Recital 40 a (new)

(40a) Calls on the Commission and the Member States to strengthen the existing work of the European Cloud Partnership based on the existing pillars of PRACE and GEANT and to recognise their vital complementary roles in realising a EuroHPC ecosystem.

2018/05/03
Committee: ITRE

2018/0003(NLE)

Michał BONI, Gunnar HÖKMARK, Seán KELLY, Krišjānis KARIŅŠ

Proposal for a regulation
Recital 42 a (new)

(42a) Believes that the full potential of cloud computing for Europe can only be realised when data can flow freely across the Union with clear rules and play an increasingly important role in the European economy.

2018/05/03
Committee: ITRE

2018/0003(NLE)

Michał BONI, Gunnar HÖKMARK, Seán KELLY, Krišjānis KARIŅŠ

Proposal for a regulation
Article 3 – paragraph 1 – point d

(d) to support the development of an integrated High Performance Computing ecosystem in the Union covering all scientific and industrial value chain segments notably hardware, software, applications, services, engineering, interconnections, know-how and skills, in order to strengthen the Union as a global centre for innovations, contributing to competitiveness and enhanced research and development capacity.

2018/05/03
Committee: ITRE

2018/0003(NLE)

Proposal for a regulation
Article 3 – paragraph 2 – point d

(d) to build and operate a leading-class integrated supercomputing and data infrastructure across the Union a, where this infrastructure is designed to be efficient for scientific purposes and provides an essential component for scientific excellence, and for the digitisation of industry, and the public sector, and for strengthening the innovation capabilities and global competitiveness for creating economic and employment growth in the Union;

2018/05/03
Committee: ITRE

2018/0003(NLE)

Proposal for a regulation
Article 17 – paragraph 1

(1) By 30 June 2022 the Commission shall carry out, with the assistance of independent experts, an interim evaluation of the Joint Undertaking, which shall assess in particular the level of participation in, and contribution to, the actions by the Participating States, the Private Members and their constituent entities and affiliated entities as well as European industry at large, and also by other legal entities. The Commission shall prepare a report on that evaluation which includes conclusions of the evaluation and observations by the Commission. The Commission shall send that report to the European Parliament and to the Council by 31 December 2022.

2018/05/03
Committee: ITRE

2018/0003(NLE)

Proposal for a regulation
Article 17 – paragraph 3 a (new)

(3a) The evaluation shall follow in assessing of art. 12, which should be reviewed based on the usage;

2018/05/03
Committee: ITRE

2018/0003(NLE)

Proposal for a regulation
Annex – Article 10 – point 2

(2) The Research and Innovation Advisory Group shall consist of no more than twe~~lve~~nty members, whereof no more than ~~six~~ten shall be appointed by the Private Members and no more than ~~six~~ten shall be appointed by the Governing Board. The Governing Board shall establish the specific criteria and selection process for the members it appoints.

2018/05/03
Committee: ITRE

2017/2209(INI)

Draft opinion
Paragraph 1 a (new)

1 a. Underlines the crucial role of public media to provide the citizens with objective and independent media coverage, having in mind the duty to present a variety of political positions, as public media are publicly financed; stresses that public media might often be endangered with the influence of governing majority that can deprive public opinion from the access to full range of information;

2018/02/05
Committee: JURI

2017/2209(INI)

Draft opinion
Paragraph 1 b (new)

1 b. Calls on the Member States to adopt or improve the existing legal provisions to guarantee transparency of formal and beneficial media ownership as well as of management, including online media, to allow for identification of possible source of control and influence, to strengthen the accountability and to ensure editorial and journalistic independence and safeguard the media’s role as public watchdog;

2018/02/05
Committee: JURI

2017/2209(INI)

Motion for a resolution
Citation 24 a (new)

- having regard to the High Level Expert Group on fake news and online disinformation appointed by the European Commission to advise on scoping the phenomenon of fake news as well as defining the roles and responsibilities of relevant stakeholders,

2018/01/30
Committee: LIBE

2017/2209(INI)

Tadeusz ZWIEFKA, Jens ROHDE, Michał BONI

Motion for a resolution
Recital B

B. whereas media freedom, pluralism and independence are crucial components of the right to freedom of expression; whereas the media play an essential role in democratic society, by acting as public watchdogs, while contributing to citizens’ empowerment ~~and their~~, through widening their understanding of current political and social landscape, and leading to their conscious participation in democratic life; whereas the scope of such a role should be enlarged to encompass online and citizen journalism, as well as the work of bloggers, social media activists and human rights defenders, in order to reflect today’s profoundly changed media reality;

2018/01/30
Committee: LIBE

2017/2209(INI)

Draft opinion
Paragraph 2

2. Is concerned about the legislative and administrative measures used in certain Member States to restrain and control the media, directly or indirectly, especially in the public media sector; stresses that the fundamental principle of editorial independence from the government and from political or commercial interests should be protected; underlines that the coverage of election campaigning should be fair, balanced, impartial and systematically monitored;

2018/02/05
Committee: JURI

2017/2209(INI)

Motion for a resolution
Recital C a (new)

C a. whereas public authorities have the duty to protect the independence and the impartiality of public media in particular as actors serving democratic societies as opposed to fulfilling the interest of governments in power;

2018/01/30
Committee: LIBE

2017/2209(INI)

Motion for a resolution
Recital C b (new)

C b. whereas the spread of populist and nationalist sentiments in certain Member States demonstrates the need for the European Union to defend the freedom of expression and the independence of media;

2018/01/30
Committee: LIBE

2017/2209(INI)

Draft opinion
Paragraph 3 b (new)

3 b. Calls on the Member states for more social media education programmes and further actions so that the public could better distinguished between reliable information and fake news

2018/02/05
Committee: JURI

2017/2209(INI)

Motion for a resolution
Recital E

E. whereas citizens are confronted with a radical evolution of the media system, the emergence of new online media and new powerful actors, such as search engines and social media platforms; whereas this development represents both a challenge and opportunity for the promotion of freedom of expression by involving citizens in the public debate, and for converting a growing number of information users into information producers; whereas, however, the rise of social media as sources of news coupled with lack of awareness among its users contributes to the spread of not credible news; whereas however, the concentration of power of media conglomerates, platform operators and internet intermediaries risks negative consequences for the pluralism of public debate and access to information;

2018/01/30
Committee: LIBE

2017/2209(INI)

Draft opinion
Paragraph 5 a (new)

5 a. Underlines the responsibility of online actors in avoiding the spread of unverified or untrue information with the sole purpose of increasing the online traffic through the use of e.g. so-called clickbait;

2018/02/05
Committee: JURI

2017/2209(INI)

Motion for a resolution
Paragraph 1

1. Calls on the Member States to take adequate measures to safeguard and promote a pluralist, independent and free media landscape in the service of democratic society, including the independence and sustainability of public service media and community media, which are crucial elements of a favourable environment for freedom of expression, ensuring access to non-partisan information;

2018/01/30
Committee: LIBE

2017/2209(INI)

Motion for a resolution
Paragraph 2

2. Calls on the EU institutions to guarantee full implementation of the EU Charter of Fundamental Rights in all their decisions, actions and policies, as a means to thoroughly uphold media pluralism and media freedom from undue influence from national public authorities; asks the Commission, in this regard, to introduce human rights impact assessments for the evaluation of its legislative proposals and to present a proposal for the establishment of an EU mechanism on democracy, the rule of law and fundamental rights in line with the relevant Parliament resolution;

2018/01/30
Committee: LIBE

2017/2209(INI)

Motion for a resolution
Paragraph 13 a (new)

13 a. Underlines the responsibility of online actors in avoiding the spread of unverified or untrue information with sole purpose of increasing the online traffic through the use of e.g. so-called clickbait;

2018/01/30
Committee: LIBE

2017/2209(INI)

Motion for a resolution
Paragraph 13 b (new)

13 b. Stresses the need for better digital literacy and raising the awareness of online users as to empower them with the ability to recognise dubious sources of information as well as their own responsibility in sharing untrustworthy content;

2018/01/30
Committee: LIBE

2017/2209(INI)

Heinz K. BECKER, Cecilia WIKSTRÖM, Michał BONI

Motion for a resolution
Paragraph 15

15. Calls on the Member States to adopt and implement legislative frameworks in order to avoid horizontal concentration of ownership in the media sector, to guarantee transparency of media ownership and management, and to ensure independent oversight and effective compliance mechanisms in order to prevent conflicts of interest andto guarantee transparency of media ownership and management, and to ensure editorial and journalistic independence and safeguard the media’s role as public watchdog;

2018/01/30
Committee: LIBE

2017/2131(INL)

Motion for a resolution
Citation 4 a (new)

- having regard to its resolution of 29 May 2017 on combating anti-Semitism (2017 / 2692 (RSP)),

2018/05/17
Committee: LIBE

2017/2131(INL)

Michał BONI, Heinz K. BECKER, Carlos COELHO, Frank ENGEL, Jaromír ŠTĚTINA

Motion for a resolution
Annex I – point 10

(10) In recent years the Hungarian Government has extensively used national consultations. On 27 April 2017, the Commission pointed out that the national consultation “Let’s stop Brussels” contained several claims and allegations which were factually incorrect or highly misleading. Nevertheless, the Hungarian Government subsequently continued to have recourse to similar consultations, such as in the case of the so-called “Soros plan” national consultation based again on false statements targeting particularly the person of George Soros and the EU, and inducing hatred towards migrants.

2018/05/17
Committee: LIBE

2017/2131(INL)

Michał BONI, Carlos COELHO, Frank ENGEL, Jaromír ŠTĚTINA

Motion for a resolution
Annex I – point 18

(18) In its report adopted on 27 March 2015, GRECO called for the establishment of codes of conduct for members of the Hungarian Parliament (MPs) concerning guidance for cases of conflicts of interest. Furthermore, MPs should also be obliged to report conflicts of interest in an ad hoc manner and this should be accompanied by a more robust obligation to submit asset declarations. This should also be accompanied by provisions that allow for sanctions for submitting inaccurate asset declarations. Moreover, the asset declarations should be made public online to allow for genuine popular oversight; standard electronic database should be put in place to allow for all declarations and modifications thereof to be accessible in a transparent manner.

2018/06/25
Committee: LIBE

2017/2131(INL)

Michał BONI, Heinz K. BECKER, Carlos COELHO, Frank ENGEL, Jaromír ŠTĚTINA

Motion for a resolution
Annex I – point 23 a (new)

(23a) In its 2017 report on press freedom the Freedom House raised serious concerns about the freedom of the press in Hungary. This is due to independent media being extorted from the market, partly through acquisition of regional newspapers by government-affiliated owners and creation of government friendly private outlets, as well as selective awarding of advertising contracts by government and state-owned companies, which results in depriving independent media outlets from income. The limited advertisement market and extensive government spending on social advertising encourages media to avoid controversial subjects to maintain good relations with public and private advertisers.

2018/06/25
Committee: LIBE

2017/2131(INL)

Michał BONI, Heinz K. BECKER, Carlos COELHO, Frank ENGEL, Jaromír ŠTĚTINA

Motion for a resolution
Annex I – point 23 b (new)

(23b) Both the Freedom House in its report of 2017 as well as Mertek Media Monitor observe that the government also seeks to control the media through selective allocation of radio broadcasting frequencies. This together with exerting their influence over public broadcasters and raising the profile of friendly private outlets deprives independent media from having a fair access to the market.

2018/06/25
Committee: LIBE

2017/2131(INL)

Motion for a resolution
Annex I – point 25

~~(25)~~ On 18 October 2012, the Venice ~~(25)~~ Commission adopted its Opinion on Act CXII of 2011 on Informational Self- Determination and Freedom of Information of Hungary. Despite the overall positive assessment, the Venice Commission identified the need for further improvements. However, following subsequent amendments to that law, the right to access government information has been significantly restricted further. Those amendments were criticised in the analysis commissioned by the Office of the OSCE Representative on Freedom of the Media in March 2016. Furthermore, in the report from the mission to assess the pre-election environment and the preparations for the elections, undertaken from 29 January to 1 February 2018, the OSCE Office for Democratic Institutions and Human Rights noted that the 2016 amendments to the Freedom of Information Act brought restrictive changes, including the introduction of high fees for the expenses associated with managing information requests, and new grounds for refusing to respond to requests.

2018/06/25
Committee: LIBE

2017/2131(INL)

Motion for a resolution
Annex I – point 27 a (new)

(27a) On 7 May 2018 the OSCE Representative on Freedom of the Media expressed major concern over the denial of accreditation to several independent journalists, which prevented them from reporting from the inaugural meeting of Hungary’s new parliament. It was further noted that such event should not be used as a tool to curb the content of critical reporting and that such practice sets a bad precedent for the new term of Hungary’s parliament.

2018/06/25
Committee: LIBE

2017/2131(INL)

Michał BONI, Carlos COELHO, Frank ENGEL, Jaromír ŠTĚTINA

Motion for a resolution
Annex I – point 32

(32) In February 2013, Hungary’s Constitutional Court ruled that the deregistration of recognised churches had been unconstitutional. Responding to the Constitutional Court’s decision, the Hungarian Parliament amended the Fundamental Law in March 2013. In June and September 2013, the Hungarian Parliament amended Act CCVI of 2011 to create a two-tiered classification consisting of “religious communities” and “incorporated churches”. In September 2013, the Hungarian Parliament also amended the Fundamental Law explicitly to grant itself the authority to select religious communities for “cooperation” with the state in the service of “public interest activities”, in practice giving itself a discretionary power to recognise a religious organisation, with a two-thirds vote, rather than relying on decisions of the administration or the courts.

2018/06/25
Committee: LIBE

2017/2131(INL)

Motion for a resolution
Annex I – point 34

(34) On 9 July 2014, the Council of Europe Commissioner for Human Rights indicated in his letter to the Hungarian authorities that he was concerned about the stigmatising rhetoric used by politicians questioning the legitimacy of NGO work in the context of audits which had been carried out by the Hungarian Government Control Office concerning NGOs which were operators and beneficiaries of the Norwegian Civil Fund. On 8-16 February 2016, the UN Special Rapporteur on the situation of human rights defenders visited Hungary and indicated in his report that significant challenges stem from the existing legal framework governing the exercise of fundamental freedoms, such as the rights to freedoms of opinion and expression, and of peaceful assembly and of association, and that legislation pertaining to national security and migration may also have a restrictive impact on the civil society environment.

2018/06/25
Committee: LIBE

2017/2131(INL)

Michał BONI, Carlos COELHO, Frank ENGEL, Jaromír ŠTĚTINA

Motion for a resolution
Annex I – point 38

(38) In February 2018, a legislative package consisting of three draft laws, also known as the “Stop-Soros Package” (T/19776, T/19775, T/19774), was presented by the Hungarian Government. On 14 February 2018, the President of the Conference of INGOs of the Council of Europe and President of the Expert Council on NGO Law made a statement indicating that the package does not comply with the freedom of association, particularly for NGOs which deal with migrants. On 15 February 2018, the Council of Europe Commissioner for Human Rights expressed similar concerns. In its concluding observations of 5 April 2018, the UN Human Rights Committee expressed concerns that by alluding to the “survival of the nation” and protection of citizens and culture, and by linking the work of NGOs to an alleged international conspiracy, the legislative package would stigmatise NGOs and curb their ability to carry out their important activities in support of human rights and, in particular, the rights of refugees, asylum seekers and migrants. It was further concerned that imposing restrictions on foreign funding directed to NGOs might be used to apply illegitimate pressure on them and to unjustifiably interfere with their activities. The legislative package will deprive NGOs of legal remedy to appeal against arbitrary decisions.

2018/06/25
Committee: LIBE

2017/2131(INL)

Heinz K. BECKER, Cecilia WIKSTRÖM, Michał BONI

Motion for a resolution
Annex I – point 43

(43) In his report following his visit to Hungary, which was published on 16 December 2014, the Council of Europe’s Commissioner for Human Rights indicated that he was concerned about the deterioration of the situation as regards racism and intolerance in Hungary, with anti-Gypsyism being the most blatant form of intolerance, as illustrated by distinctively harsh, including violence targeting Roma people and paramilitary marches and patrolling in Roma-populated villages. He also pointed out that, despite positions taken by the Hungarian authorities to condemn anti-Semitic speech, anti-Semitism is a recurring problem, manifesting itself through hate speech and instances of violence against Jewish persons or property. In addition, in a speech held on 15. March 2018 in Budapest, the Prime Minister of Hungary, Victor Orban, used polemic attacks including clearly anti-Semitic stereotypes against George Soros, that according to the European Parliament`s Anti-Semitism Resolution, which appeals the importance of the IHRA working definition on Anti- Semitism, that serves as a model for all EU citizens, would have been assessed as punishable. In addition, he mentioned a recrudescence of xenophobia targeting migrants, including asylum seekers and refugees, and of intolerance affecting other social groups such as LGBTI persons, the poor and homeless persons. The European Commission against Racism and Xenophobia mentioned similar concerns in its report on Hungary published on 9 June 2015.

2018/06/25
Committee: LIBE

2017/2131(INL)

Heinz K. BECKER, Cecilia WIKSTRÖM, Michał BONI

Motion for a resolution
Annex I – point 49 a (new)

(49a) Hungary, like other EU Member States, should legally enshrine IHRA`s working definition of Anti-Semitism as the basis for criminal, media and educational measures.

2018/06/25
Committee: LIBE

2017/2087(INI)

Michał BONI, Adam GIEREK

Draft opinion
Paragraph 1

1. Recommends that more consumer products are included within the scope of the Ecodesign Directive (2009/125/EC); emphasises that priority should be given to ICT products, which are sold in large numbers and replaced frequently; highlights, in particular, the urgent need to improve the sustainability of mobiles/smartphones; recommends that solid fuel boilers with an output of 500 kW- 1 MW, solid fuel boilers generating heat exclusively for the provision of domestic hot water and non-wood biomass boilers should also be regulated;

2018/01/25
Committee: ITRE

2017/2087(INI)

Michał BONI, Adam GIEREK

Draft opinion
Paragraph 4

4. Insists on the need to optimise the market surveillance of products placed on the market through better cooperation between the Commission and the Member States, and among the Member States themselves, and to consider certification by an independent body (third-party certification); stresses that test protocols should be closer to real-life conditions; recommends the development of a catalogue of harmonised standards in relation to Regulations 1189/2015 and 1185/2015 issued on the basis of the Ecodesign Directive (2009/125/EC) and their assignment to the corresponding product groups;

2018/01/25
Committee: ITRE

2017/2068(INI)

Michał BONI, Axel VOSS, Carlos COELHO, Barbara MATERA

Motion for a resolution
Citation 12 a (new)

- having regard to the ruling of the Court of Justice of the European Union of 8 April 2014 which invalidated the EU Data Retention Directive,

2017/06/09
Committee: LIBE

2017/2068(INI)

Elissavet VOZEMBERG-VRIONIDI, Michał BONI, Axel VOSS, Carlos COELHO, Barbara MATERA

Motion for a resolution
Citation 15 a (new)

- Having regard to the Report of the Conference on jurisdiction in cyberspace held on the 7th and 8th of March 2016 in Amsterdam,

2017/06/09
Committee: LIBE

2017/2068(INI)

Elissavet VOZEMBERG-VRIONIDI, Michał BONI, Axel VOSS, Carlos COELHO, Barbara MATERA

Motion for a resolution
Recital C a (new)

Ca. Whereas there was an increase of 20% in the attacks on the servers of the European Commission in 2016 compared to 2015;

2017/06/09
Committee: LIBE

2017/2068(INI)

Elissavet VOZEMBERG-VRIONIDI, Michał BONI, Axel VOSS, Carlos COELHO, Barbara MATERA

Motion for a resolution
Recital D a (new)

Da. Whereas the World Economic Forum’s Global Risks Report 2017 lists massive incident of data fraud or theft as one of the five major global risks in terms of likelihood;

2017/06/09
Committee: LIBE

2017/2068(INI)

Elissavet VOZEMBERG-VRIONIDI, Michał BONI, Axel VOSS, Carlos COELHO, Barbara MATERA, Anna Maria CORAZZA BILDT

Motion for a resolution
Recital I a (new)

Ia. Whereas the fight against cybercrime is a priority under the European Agenda on Security of 28 April 2015, which includes a commitment from the Commission to review obstacles to cybercrime investigations, notably on rules on access to evidence and information;

2017/06/09
Committee: LIBE

2017/2068(INI)

Michał BONI, Elissavet VOZEMBERG-VRIONIDI, Carlos COELHO

Motion for a resolution
Paragraph 1

1. Stresses that the sharp increase in ransomware, botnets and the unauthorised impairment of computer systems has an impact on the security of individuals, the availability and integrity of their personal data, as well as on the protection of privacy and fundamental freedoms;

2017/06/09
Committee: LIBE

2017/2068(INI)

Elissavet VOZEMBERG-VRIONIDI, Michał BONI, Axel VOSS, Barbara MATERA, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 2 a (new)

2a. Strongly urges those Member States that have not yet done so to transpose Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography; calls on the Commission to strictly monitor its full and effective implementation, and to report back to Parliament, and its committee responsible, on its findings in a timely manner;

2017/06/09
Committee: LIBE

2017/2068(INI)

Elissavet VOZEMBERG-VRIONIDI, Michał BONI, Axel VOSS, Carlos COELHO, Barbara MATERA

Motion for a resolution
Paragraph 3

3. Deplores that half of the companies in Europe have experienced at least one cyber security incident and that cyber-attacks against businesses often remain undetected or unreported; believes that the obligation to disclose security breaches introduced by the GDPR will help to address this problem;

2017/06/09
Committee: LIBE

2017/2068(INI)

Elissavet VOZEMBERG-VRIONIDI, Michał BONI, Axel VOSS, Carlos COELHO, Barbara MATERA

Motion for a resolution
Paragraph 3 a (new)

3a. Is highly concerned with the recent global ransomware attack, which appeared to have affected tens of thousands computers in nearly 100 countries and numerous organisations, inter alia the National Health Service (NHS) in the UK, the highest-profile victim of this extensive malware hit; recognises, in this context, the important work of the No More Ransom (NMR) initiative which provides over 40 free decryption tools allowing victims of ransomware worldwide to decrypt their affected devices;

2017/06/09
Committee: LIBE

2017/2068(INI)

Elissavet VOZEMBERG-VRIONIDI, Michał BONI, Axel VOSS, Carlos COELHO, Barbara MATERA, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 6

6. Acknowledges that technological advances in encryption allow legitimate users to better protect their data, but points out that malicious users might deploy ~~the same~~similar techniques to conceal their criminal activities and identities;

2017/06/09
Committee: LIBE

2017/2068(INI)

Motion for a resolution
Paragraph 7

7. Calls on the Member States to step up their efforts in relation to victim identification and victim-centred services; Calls therefore for the setting up of related platforms as a matter of urgency and for the strengthening of existing databases within Europol with the aim of ensuring that all internet users are aware of the risks and know how to appeal for help in case they are illegally targeted online;

2017/06/09
Committee: LIBE

2017/2068(INI)

Elissavet VOZEMBERG-VRIONIDI, Michał BONI, Axel VOSS, Carlos COELHO, Barbara MATERA

Motion for a resolution
Paragraph 7 a (new)

7a. Underlines that the 2014 Europol IOCTA report describes the need for more efficient and effective legal tools, taking into account the current limitations of the Mutual Legal Assistance Treaty (MLAT) process, and further harmonisation of legislation across the EU where appropriate;

2017/06/09
Committee: LIBE

2017/2068(INI)

Elissavet VOZEMBERG-VRIONIDI, Michał BONI, Axel VOSS, Carlos COELHO, Barbara MATERA

Motion for a resolution
Paragraph 10

10. Welcomes, in this regard, the investment of EU funds in research projects such as the public-private partnership (PPP) on cybersecurity, to foster European cyber-resilience through innovation and capacity building; recognises particularly the efforts made by the Cybersecurity-PPP to develop appropriate responses to handling zero- day vulnerabilities;

2017/06/09
Committee: LIBE

2017/2068(INI)

Michał BONI, Elissavet VOZEMBERG-VRIONIDI, Carlos COELHO

Motion for a resolution
Paragraph 11

11. Urges the Member States to step up information exchanges and best practices sharing on the challenges they face in the fight against cybercrime, as well as on solutions to address them;

2017/06/09
Committee: LIBE

2017/2068(INI)

Elissavet VOZEMBERG-VRIONIDI, Michał BONI, Axel VOSS, Carlos COELHO, Barbara MATERA, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 13

13. Calls on the Commission and the Member States to launch awareness-raising campaigns, including educational programs in primary and secondary schools, to ensure that citizens, in particular children and other vulnerable users, and the private sector are aware of the risks posed by cybercrime, and to promote the use of security measures such as encryption;

2017/06/09
Committee: LIBE

2017/2068(INI)

Michał BONI, Elissavet VOZEMBERG-VRIONIDI, Carlos COELHO, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 13

13. Calls on the Commission and the Member States to launch awareness-raising campaigns to ensure that citizens, in particular children and other vulnerable users, and the private sector are aware of the risks posed by cybercrime, and to promote the use of security measures such as encryption or other security and privacy enhancing technologies;

2017/06/09
Committee: LIBE

2017/2068(INI)

Michał BONI, Elissavet VOZEMBERG-VRIONIDI, Carlos COELHO, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 13 a (new)

13a. Urges the Member States to consider including in the computing education curricula of primary and secondary schools a component dedicated to cybersecurity, which would contribute to the prevention of cybercrime;

2017/06/09
Committee: LIBE

2017/2068(INI)

Michał BONI, Elissavet VOZEMBERG-VRIONIDI, Carlos COELHO

Motion for a resolution
Paragraph 14 a (new)

14a. Believes that with the innovation and growing accessibility of the IoT devices, special attention shall be given to the security of all, even very simple devices; urges the Commission and Member States to promote the security by design approach and urges the industry to include by design security solutions in all these devices;

2017/06/09
Committee: LIBE

2017/2068(INI)

Michał BONI, Elissavet VOZEMBERG-VRIONIDI, Carlos COELHO

Motion for a resolution
Paragraph 17

17. Believes that innovation should not be hampered by unnecessary red tape for software developers and hardware producers; encourages the private sector to implement voluntary measures aimed at bolstering trust in the security of software and devices, such as the IoT trust label; encourages the private sector to exchange information on the cybersecurity threats;

2017/06/09
Committee: LIBE

2017/2068(INI)

Michał BONI, Elissavet VOZEMBERG-VRIONIDI, Carlos COELHO

Motion for a resolution
Paragraph 18 a (new)

18a. Encourages service providers to join the established Code of Conduct on illegal online hate speech and encourages the Commission and participating companies to continue cooperation on that issue;

2017/06/09
Committee: LIBE

2017/2068(INI)

Michał BONI, Elissavet VOZEMBERG-VRIONIDI, Carlos COELHO

Motion for a resolution
Paragraph 19

19. Calls on the Commission to investigate the legal scope for improving the accountability of service providers ~~and for imposing an obligation to respond to foreign EU law-enforcement requests~~;

2017/06/09
Committee: LIBE

2017/2068(INI)

Michał BONI, Elissavet VOZEMBERG-VRIONIDI, Carlos COELHO

Motion for a resolution
Paragraph 20

20. Calls on the Member States to impose the same ~~encryption~~security obligations ~~on online service providers as those, which apply to~~, including privacy-enhancing technologies on all providers, online service providers and providers of traditional telecommunications services;

2017/06/09
Committee: LIBE

2017/2068(INI)

Michał BONI, Elissavet VOZEMBERG-VRIONIDI, Carlos COELHO

Motion for a resolution
Paragraph 22

22. Is concerned that a considerable number of cybercrimes remain unpunished; emphasises the need ~~to allow lawful access to relevant information, even if it has been encrypted, if such access is imperative for reasons of security and justice~~for sufficient capabilities of judicial and law enforcement authorities to lead legitimate investigations;

2017/06/09
Committee: LIBE

2017/2068(INI)

Michał BONI, Elissavet VOZEMBERG-VRIONIDI, Carlos COELHO

Motion for a resolution
Paragraph 23

23. Urges the Member States to exchange best practices ~~regarding the circumvention of encryption and~~ to cooperate, in consultation with the judiciary, in aligning the conditions for the lawful use of investigative tools online;

2017/06/09
Committee: LIBE

2017/2068(INI)

Motion for a resolution
Paragraph 24

24. Stresses that lawful ~~hacking~~interception must be a measure of last resort, which has to be necessary, proportionate, based on due legal process and in full compliance with fundamental rights and EU data protection and case law; calls on all Member States to establish clear rules regarding the authorisation process for lawful ~~hacking~~interception activities, including restrictions on the use and duration of lawful ~~hacking~~interception tools, to set up an oversight mechanism, and to provide effective legal remedies for the targets of these ~~hacking~~interception activities;

2017/06/09
Committee: LIBE

2017/2068(INI)

Elissavet VOZEMBERG-VRIONIDI, Michał BONI, Axel VOSS, Carlos COELHO, Barbara MATERA

Motion for a resolution
Paragraph 28 a (new)

28a. Stresses the need to prioritize the development of shared procedural standards on enforcement jurisdiction in cyberspace, at European and in the long term, at global level, which determine the territorial factors that provide grounds for the applicable law in cyberspace and define investigative measures which can be used regardless of geographic borders; welcomes, in this regard, the work done by the Cloud Evidence Group of the Council of Europe;

2017/06/09
Committee: LIBE

2017/2068(INI)

Elissavet VOZEMBERG-VRIONIDI, Michał BONI, Axel VOSS, Carlos COELHO, Barbara MATERA

Motion for a resolution
Paragraph 28 b (new)

28b. Recognizes that such a common European approach, which needs to respect fundamental rights and privacy, will build trust among stakeholders, reduce the treatment delays of cross- border requests, establish interoperability among heterogeneous actors and give the opportunity to incorporate due process requirements in operational frameworks;

2017/06/09
Committee: LIBE

2017/2068(INI)

Elissavet VOZEMBERG-VRIONIDI, Michał BONI, Axel VOSS, Carlos COELHO, Barbara MATERA

Motion for a resolution
Paragraph 30

30. Underlines the importance of close cooperation between law enforcement authorities and the private sector on the issue of access to e-evidence; Underlines that establishment of 24/7 Single Points of Contact within Member States will improve direct cooperation with service providers, facilitate access to e-evidence and sharing of information as well as accelerate the MLA proceedings; urges the Member States concerned to eliminate criminal law provisions prohibiting domestic service providers from responding to foreign law enforcement requests;

2017/06/09
Committee: LIBE

2017/2068(INI)

Michał BONI, Elissavet VOZEMBERG-VRIONIDI, Carlos COELHO

Motion for a resolution
Paragraph 31

31. Calls on the Commission to put forward a European legal framework for e- evidence, including harmonised rules to determine the status of a provider as domestic or foreign, and to impose an obligation on service providers to respond to requests based on due legal process from third countries, with a view to ensuring legal certainty for stakeholders and removing obstacles to cooperation;

2017/06/09
Committee: LIBE

2017/2068(INI)

Elissavet VOZEMBERG-VRIONIDI, Michał BONI, Axel VOSS, Carlos COELHO, Barbara MATERA

Motion for a resolution
Paragraph 34 a (new)

34a. Deplores that currently no EU- standards for training and certification exist; acknowledges that future trends in cybercrime require an increasing level of expertise from practitioners; welcomes that existing initiatives such as the European Cybercrime Training and Education Group (ECTEG), the Training of Trainers (TOT) Project and the training activities under the EU Policy Cycle framework are already paving the way towards addressing the expertise gap at EU level;

2017/06/09
Committee: LIBE

2017/2068(INI)

Elissavet VOZEMBERG-VRIONIDI, Michał BONI, Axel VOSS, Carlos COELHO, Barbara MATERA, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 36

36. Underlines that the number of cybercrime offences referred to Eurojust has increased by 30 %; Calls for sufficient funding and posts to be made available to the European Union’s Judicial Cooperation Unit (Eurojust) to allow the agency to cope with its increasing workload, as well as to develop and strengthen further its support to national cybercrime prosecutors in cross-border cases, including via the recently established European Judicial Cybercrime Network;

2017/06/09
Committee: LIBE

2017/2068(INI)

Elissavet VOZEMBERG-VRIONIDI, Michał BONI, Axel VOSS, Barbara MATERA

Motion for a resolution
Paragraph 36 a (new)

36a. Underlines the necessity to renew the mandate and provide sufficient funding to ENISA to allow it to enhance its capabilities to prevent and fight cybercrime;

2017/06/09
Committee: LIBE

2017/2068(INI)

Elissavet VOZEMBERG-VRIONIDI, Michał BONI, Axel VOSS, Carlos COELHO, Barbara MATERA

Motion for a resolution
Paragraph 37 a (new)

37a. Calls on the Member States to ensure sufficient capacity for handling MLA requests related to investigations in cyberspace and to develop relevant training programmes for the staff responsible for handling such requests;

2017/06/09
Committee: LIBE

2017/2068(INI)

Elissavet VOZEMBERG-VRIONIDI, Michał BONI, Axel VOSS, Carlos COELHO, Barbara MATERA

Motion for a resolution
Paragraph 40 a (new)

40a. Calls on the Commission in cooperation with Member States, the associated European bodies and where necessary third countries to consider new ways to efficiently secure and obtain e- evidence hosted in third countries, in full compliance with fundamental rights and EU data protection law, by accelerating and streamlining the use of mutual legal assistance proceedings and where applicable mutual recognition;

2017/06/09
Committee: LIBE

2017/2068(INI)

Elissavet VOZEMBERG-VRIONIDI, Michał BONI, Axel VOSS, Carlos COELHO, Barbara MATERA

Motion for a resolution
Paragraph 40 b (new)

40b. Calls on all Member States to participate in the Global Forum on Cyber Expertise (GFCE) in order to facilitate the establishment of partnerships to build capacity;

2017/06/09
Committee: LIBE

2017/2068(INI)

Elissavet VOZEMBERG-VRIONIDI, Michał BONI, Axel VOSS, Carlos COELHO, Barbara MATERA

Motion for a resolution
Paragraph 41 a (new)

41a. Calls on the Member States that have not yet done so to ratify and implement fully the Convention on Cybercrime of 23 November 2001;

2017/06/09
Committee: LIBE

2017/2054(INL)

Motion for a resolution
Annex – Article 3 – paragraph 1 – subparagraph 2 – table – row 21

Poland 515

2017/10/20
Committee: AFCO

2017/2052(INI)

Michał BONI, Pilar DEL CASTILLO VERA, Krišjānis KARIŅŠ

Draft opinion
Paragraph 1 a (new)

1a. Calls on the Commission to adopt policies that remove excessive barriers in innovative sectors, to incentivise investments in research and technological development in the EU;

2017/11/16
Committee: ITRE

2017/2052(INI)

Michał BONI, Pilar DEL CASTILLO VERA, Krišjānis KARIŅŠ

Draft opinion
Paragraph 2

2. Stresses that funding should be guaranteed for the new industrial policy strategy so that the EU can become the world leader in innovation, digitisation and decarbonisation; calls for the necessary financial programme to be safeguarded and extended through a dedicated and other existing investment programme that facilitates the development of a comprehensive industrial strategy;

2017/11/16
Committee: ITRE

2017/2052(INI)

Draft opinion
Paragraph 4

4. Stresses the need for an upgraded and more effective Connecting Europe Facility (CEF) which will close the missing links in Europe’s energy and digital backbone by supporting the development of high-performance, sustainable and efficiently interconnected trans-European networks in the fields of energy and digital interoperability services;

2017/11/16
Committee: ITRE

2017/2052(INI)

Draft opinion
Paragraph 4 a (new)

4a. Considers the re-use of CEF technical building blocks across the public and private sector to be vital for the functioning of the Digital Service Infrastructure. Calls therefore on the Commission together with the Member States to develop a long-term structure dialog with a view to attaining the goals of the Single Digital Market;

2017/11/16
Committee: ITRE

2017/2052(INI)

Michał BONI, Pilar DEL CASTILLO VERA, Krišjānis KARIŅŠ

Draft opinion
Paragraph 4 b (new)

4b. Welcomes the 5 ICT priority areas identified by the European Commission as the essential technology building blocks on which equally important areas such as eHealth, smart and efficient energy use, intelligent transport systems and advanced manufacturing will rely;

2017/11/16
Committee: ITRE

2017/2052(INI)

Draft opinion
Paragraph 4 c (new)

4c. Support the Commission initiative to reinforce the Investment Plan for Europe within financing instruments (EFSI, CEF) earmarked to finance strategic objectives for gigabit connectivity until 2025;

2017/11/16
Committee: ITRE

2017/2052(INI)

Draft opinion
Paragraph 6

6. Recalls the importance of completing the digital single market by making full use of spectrum, 5G and internet connectivity, and by making further progress on EU telecom rules; Calls on the Commission to ensure that any funding for fixed and mobile broadband should only be designated for very high capacity networks to contribute to the building of a European Gigabit Society. Stresses that any such funds should focus on a "Digital Spine" which brings fibre backbone and backhaul connectivity to more remote communities, and thereby the highest quality gigabit connections to education and public services, and mobile base stations to support 5G locally;

2017/11/16
Committee: ITRE

2017/2052(INI)

Draft opinion
Paragraph 6 a (new)

6a. Calls on the Commission to ensure, maintain and develop financing for the 5G Action Plan at the appropriate level within the horizon of the next Multiannual Financial Framework;

2017/11/16
Committee: ITRE

2017/2052(INI)

Motion for a resolution
Paragraph 69 a (new)

69a. Provide regulatory, non-regulatory framework and funding to harness the competitiveness and growth of the medical and digital health technologies European market by supporting the industry (large and small companies), to compete at international level;

2018/02/01
Committee: BUDG

2017/2052(INI)

Motion for a resolution
Paragraph 70 a (new)

70a. Ensures coherence between the EU’ industrial and digital agenda as industry 4.0, the 'industrial internet', it is essential to re-launching industrial investment and it is equally appropriate to create a win-win situation with environmental policy objectives;

2018/02/01
Committee: BUDG

2017/2052(INI)

Motion for a resolution
Paragraph 70 b (new)

70b. Highlights the need to focus R&D financing instruments on connected care to industrialise care through standards and evidence-based practices, while enabling precision medicine and personalised treatment, and technologies to support definitive diagnosis, preventions, biomedical modelling and treatment optimisation;

2018/02/01
Committee: BUDG

2017/2052(INI)

Motion for a resolution
Paragraph 73 a (new)

73a. Calls on the European Commission to urgently promote investment in developing the next generation technologies and promoting their deployment. European structural funds and the funding for broadband and Trans-European Telecommunication Networks must be based on the criteria of tomorrow;

2018/02/01
Committee: BUDG

2017/2052(INI)

Motion for a resolution
Paragraph 74

74. Underlines the importance of ensuring financing for completing the digital single market by making full use of the spectrum, upgrade of fixed and densification of mobile networks, 5G deployment and gigabit connectivity until 2025, and by making further progress on the harmonisation of EU telecom rules to create the right regulatory framework for the improvement of internet connectivity throughout the Union; stresses that CEF Telecom should continue to support the Digital Service Infrastructures and the broadband networks by enabling their accessibility, including in remote regions and rural areas, and by improving digital literacy, interconnectivity and interoperability;

2018/02/01
Committee: BUDG

2017/2052(INI)

Motion for a resolution
Paragraph 74 a (new)

74a. Calls on the Commission to ensure, maintain and develop financing for the 5G Action Plan at the appropriate level within the horizon of the next Multiannual Financial Framework 2020- 2027;

2018/02/01
Committee: BUDG

2017/2052(INI)

Motion for a resolution
Paragraph 81

81. Stresses that cohesion policy post- 2020 should remain the main investment policy of the European Union covering all EU regions while concentrating the majority of the resources on the most vulnerable ones; believes that, beyond the goal of reducing the disparities between levels of development and enhancing convergence as enshrined in the Treaty, it should focus on the achievement of the broad EU political objectives and proposes, therefore, that under the next MFF, the three cohesion policy funds – the European Regional Development Fund (ERDF), the European Social Fund (ESF) and the Cohesion Fund – should concentrate mainly on providing support for research and innovation, digitalisation, reindustrialisation, SMEs, transport, climate change adaptation, employment and social inclusion; calls, moreover, for a reinforced territorial cooperation component and an urban dimension for the policy;

2018/02/01
Committee: BUDG

2017/2052(INI)

Motion for a resolution
Paragraph 84

84. Emphasises in particular the continuous need to fight unemployment, especially among young people, and calls, therefore, for a doubling of the Youth Employment Initiative envelope in the next programming period; considers that investment to boost education and training, especially the development of digital skills, digital literacy, coding remains one of the top priorities of the EU;

2018/02/01
Committee: BUDG

2017/2011(INI)

Draft opinion
Paragraph 1

1. ~~Points to the need to rebuild~~Stresses the importance of citizens' trust in ~~the EU’s~~public institutions ~~and those of the Member States, trust~~both at EU and national level, trust and legal certainty being the basis for good cooperation and effective application of EU law;

2017/05/16
Committee: AFCO

2017/2011(INI)

Draft opinion
Paragraph 2

2. Believes that the ~~unchecked 2. expans~~key to delivering the benefit of EU policies to both individuals and businesses is the proper application of the EU’'s acquis ~~is detrimental to its proper application; stresses theref~~; stresses therefore the Commission's intention to strengthen enforcement of EU law based on structured and systematic transposition and conformity checks of national legislation; underlines once more the importance of upholding the principles of subsidiarity and proportionality; and welcomes the practice by the Commission of taking due account of the principles of better law-making when selecting priorities for monitoring the application of EU law in the Member States;

2017/05/16
Committee: AFCO

2017/2011(INI)

Draft opinion
Paragraph 6

6. Promotes the use of the IPEX platform as a tool for mutual exchange of information between national parliaments and the European Parliament; points out that the inclusion of national parliaments in the law-making process ~~will~~ fosters effective application of EU law; highlights, for that reason, the necessity to ensure genuine application of the yellow-card procedure as specified in Protocol (No 2) on the application of the principles of subsidiarity and proportionality;

2017/05/16
Committee: AFCO

2017/2011(INI)

Draft opinion
Paragraph 6 a (new)

6 a. Encourages closer cooperation and strengthening of the links between the European Parliament and national parliaments; recalls the scrutiny function of national parliaments regarding their government's involvement in the decision- making process in the Council of the European Union, and stresses the need for consultations and regular exchange of views between the European Parliament and national parliaments, especially in the initial stages of the law-making process;

2017/05/16
Committee: AFCO

2017/2011(INI)

Draft opinion
Paragraph 7

7. Insists that national parliaments have an essential role to play in both pre- legislative scrutiny of draft legal acts and post-legislative scrutiny of their correct implementation by the Member States; highlights its continued determination to support them in such efforts and emphasises the role of national parliaments in avoiding the practice of 'gold-plating', thereby preventing over- regulation and unnecessary administrative burdens; expects Member States to clearly indicate and document national rules and regulatory obligations that are added to EU legislation in the implementation process; is worried that excessive national measures added to EU legislation unnecessarily increase levels of Euroscepticism;

2017/05/16
Committee: AFCO

2017/2011(INI)

Draft opinion
Paragraph 8

8. Notes that the system of exchange of information and cooperation between committees of national parliaments working with the EU (in the framework of COSAC) can help in achieving ~~more~~ effective legislation and should be used to support better application of EU law by the Member States; encourages national parliaments to take an active part in regular Interparliamentary Committee Meetings organised by the European Parliament;

2017/05/16
Committee: AFCO

2017/2011(INI)

Henna VIRKKUNEN, Gunnar HÖKMARK, Michał BONI, Anna Maria CORAZZA BILDT, Krišjānis KARIŅŠ, Pilar DEL CASTILLO VERA

Draft opinion
Paragraph 10

10. Believes that the Commission’s efforts ~~should go beyond simple guidelines with no binding legal force; insists on the need for both efficiency and legal certainty~~in issuing guidelines are laudable; further welcomes the wide range of tools used by the Commission to promote compliance in the pre-infringement phase; ~~calls therefore~~regrets that the verification onf the Commission to propose a regulation governing the rules of the pre-infringement and infringement procedures under Article 298(2) TFEU, with clear deadlines for different steps of the procedure and clear roles for all parties, including the Commission and the Member State’s authorities and complainantscorrect transposition of directives by Member States remains a problem; urges Member States to honour their commitment to provide explanatory documents together with the national measures transposing the directives in their legal order, including correlation tables if applicable;

2017/05/16
Committee: AFCO

2017/0228(COD)

Proposal for a regulation
Recital 7 a (new)

(7 a) Like businesses and consumers, the public authorities and bodies of Member States stand to benefit from increased freedom of choice regarding data-driven service providers, from more competitive prices and more efficient provision of services to citizens. Given the large amounts of data that public authorities and bodies handle, it is of the utmost importance that they lead by example in take-up of data-processing services and refrain from making any unjustified data localisation restrictions when they make use of private-sector data-processing services. Therefore public authorities and bodies should also be covered by this Regulation.

2018/02/27
Committee: ITRE

2017/0228(COD)

Henna VIRKKUNEN, Gunnar HÖKMARK, Michał BONI, Anna Maria CORAZZA BILDT, Krišjānis KARIŅŠ

Proposal for a regulation
Recital 10

(10) Under Regulation (EU) 2016/679, Member States may neither restrict nor prohibit the free movement of personal data within the Union for reasons connected with the protection of natural persons with regard to the processing of personal data. This Regulation establishes the same principle of free movement within the Union for non-personal data except when a restriction or a prohibition would be justified for security reasons. Regulation (EU)2016/679 and this Regulation provide a coherent set of rules that cater for free movement of different types of data. In the case of mixed data sets, this Regulation should apply to the non-personal data part of the set. Where non-personal and personal data are inextricably linked, this Regulation should apply to the whole set without prejudice to Regulation (EU) 2016/679. Furthermore, this Regulation imposes neither an obligation to store the different types of data separately nor an obligation to unbundle mixed data sets.

2018/02/27
Committee: ITRE

2017/0228(COD)

Henna VIRKKUNEN, Gunnar HÖKMARK, Michał BONI, Anna Maria CORAZZA BILDT, Krišjānis KARIŅŠ, Pilar DEL CASTILLO VERA

Proposal for a regulation
Recital 13

(13) In order to ensure the effective application of the principle of free flow of non-personal data across borders, and to prevent the emergence of new barriers to the smooth functioning of the internal market, Member States should without delay notify to the Commission any draft act that contains a new data localisation requirement or modifies an existing data localisation requirement. Those notifications should be submitted and assessed in accordance with the procedure laid down in Directive (EU) 2015/153533 . _________________ 33 Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).

2018/02/27
Committee: ITRE

2017/0228(COD)

Henna VIRKKUNEN, Gunnar HÖKMARK, Michał BONI, Anna Maria CORAZZA BILDT, Krišjānis KARIŅŠ, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 2 – paragraph 1 – point a

(a) provided as a service to both private and public users residing or having an establishment in the Union, regardless of whether the provider is established or not in the Union or

2018/02/27
Committee: ITRE

2017/0228(COD)

Henna VIRKKUNEN, Gunnar HÖKMARK, Michał BONI, Anna Maria CORAZZA BILDT, Krišjānis KARIŅŠ

Proposal for a regulation
Article 2 – paragraph 1 a (new)

1 a. In the case of mixed data sets, this Regulation shall apply to the non- personal data part of the set. Where personal and non-personal data are inextricably linked, this Regulation shall apply to the whole set without prejudice to Regulation (EU)2016/679.

2018/02/27
Committee: ITRE

2017/0228(COD)

Henna VIRKKUNEN, Gunnar HÖKMARK, Michał BONI, Anna Maria CORAZZA BILDT, Krišjānis KARIŅŠ, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 3 – paragraph 1 – point 5

5. 'data localisation requirement' means any obligation, prohibition, condition, limit or other requirement provided for in the laws, regulations or administrative provisions or practices, including in the field of public procurement, of the Member States, which imposes the location of data storage or other processing in the territory of a specific Member State or hinders storage or other processing of data in any other Member State;

2018/02/27
Committee: ITRE

2017/0228(COD)

Henna VIRKKUNEN, Gunnar HÖKMARK, Michał BONI, Anna Maria CORAZZA BILDT, Krišjānis KARIŅŠ, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 4 – paragraph 2

2. Member States shall without delay notify to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out in the national law implementing Directive (EU) 2015/1535.

2018/02/27
Committee: ITRE

2017/0228(COD)

Henna VIRKKUNEN, Gunnar HÖKMARK, Michał BONI, Krišjānis KARIŅŠ, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 4 – paragraph 5

5. Member States shall inform the Commission of the address of their single information point referred to in paragraph 4. The Commission shall publish the links to such points on its website. The information provided by the Commission shall be available in all of the official languages of the European Union.

2018/02/27
Committee: ITRE

2017/0225(COD)

Proposal for a regulation
Recital 2

(2) The use of network and information systems by citizens, businesses and governments across the Union is now pervasive. Digitisation and connectivity are becoming core features in an ever growing number of products and services and with the advent of the Internet of Things (IoT) millions, if not billions, of connected digital devices are expected to be deployed across the EU during the next decade. While an increasing number of devices are connected to the Internet, security and resilience are not sufficiently built in by design, leading to insufficient cybersecurity. In this context, the limited use of certification leads to insufficient information for organisational and individual users about the cybersecurity features of ICT products and services, undermining trust in digital solutions. This ambition is at the heart of the European Commission’s reform agenda to achieve a digital single market as ICT networks provide the backbone for digital products and services which have the potential to support all aspects of our lives and drive Europe’s economic growth. To ensure that the objectives of digital single market are fully achieved the essential technology building blocks on which important areas such as eHealth, IoT, Artificial Intelligence, Quantum technology as well as intelligent transport system and advanced manufacturing rely must be in place.

2018/02/09
Committee: LIBE

2017/0225(COD)

Proposal for a regulation
Recital 5

(5) In light of the increased cybersecurity challenges faced by the Union, there is a need for a comprehensive set of measures that would build on previous Union action and foster mutually reinforcing objectives. These include the need to further increase capabilities and preparedness of Member States and businesses, as well as to improve cooperation and coordination across Member States and EU institutions, agencies and bodies. Furthermore, given the borderless nature of cyber threats, there is a need to increase capabilities at Union level that could complement the action of Member States, in particular in the case of large scale cross-border cyber incidents and crises. Additional efforts are also needed to deliver a co-ordinated EU response and increase awareness of citizens and businesses on cybersecurity issues. Moreover, the trust in the digital single market should be further improved by offering transparent information on the level of security of ICT products and services. This can be facilitated by EU- wide certification providing common cybersecurity requirements and evaluation criteria across national markets and sectors. Alongside EU-wide certification, there is a range of voluntary measures widely accepted in the market place, depending on the product, service, use or standard; these measures as well as the industry bottom up approach, including the use of security-by-design, leveraging and contributing to international standards, should be encouraged.

2018/02/09
Committee: LIBE

2017/0225(COD)

Proposal for a regulation
Recital 7

(7) The Union has already taken important steps to ensure cybersecurity and increase trust in digital technologies. In 2013, an EU Cybersecurity Strategy was adopted to guide the Union’s policy response to cybersecurity threats and risks. In its effort to better protect Europeans online, in 2016 the Union adopted the first legislative act in the area of cybersecurity, the Directive (EU) 2016/1148 concerning measures for a high common level of security of network and information systems across the Union (the “NIS Directive”). The NIS Directive fulfils the digital single market strategy and together with other instruments, such as Directive establishing the European Electronic Communications Code, Regulation (EU) 2016/679 and Directive 2002/58/EC, puts in place requirements concerning national capabilities in the area of cybersecurity, established the first mechanisms to enhance strategic and operational cooperation between Member States, and introduced obligations concerning security measures and incident notifications across sectors which are vital for economy and society such as energy, transport, water, banking, financial market infrastructures, healthcare, digital infrastructure as well as key digital service providers (search engines, cloud computing services and online marketplaces). A key role was attributed to ENISA in supporting implementation of this Directive. In addition, effective fight against cybercrime is an important priority in the European Agenda on Security, contributing to the overall aim of achieving a high level of cybersecurity.

2018/02/09
Committee: LIBE

2017/0225(COD)

Proposal for a regulation
Recital 14

(14) The underlying task of the Agency is to promote the consistent implementation of the relevant legal framework, in particular the effective implementation of the NIS Directive, Directive establishing the European Electronic Communications Code, Regulation (EU) 2016/679 and Directive 2002/58/EC, which is essential in order to increase cyber resilience. In view of the fast evolving cybersecurity threat landscape, it is clear that Member States must be supported by more comprehensive, cross-policy approach to building cyber resilience.

2018/02/09
Committee: LIBE

2017/0225(COD)

Proposal for a regulation
Recital 26

(26) To understand better the challenges in the field of cybersecurity, and with a view to providing strategic long term advice to Member States and Union institutions, the Agency needs to analyse current and emerging risks, incidents and vulnerabilities. For that purpose, the Agency should, in cooperation with Member States and, as appropriate, with statistical bodies and others, collect relevant information and perform analyses of emerging technologies and provide topic-specific assessments on expected societal, legal, economic and regulatory impacts of technological innovations on network and information security, in particular cybersecurity. The Agency should furthermore support Member States and Union institutions, agencies and bodies in identifying emerging trends and preventing problems related to cybersecurity, by performing analyses of threats ~~and~~, incidents and vulnerabilities.

2018/02/09
Committee: LIBE

2017/0225(COD)

Proposal for a regulation
Recital 35

(35) The Agency should encourage Member States and service providers to raise their general security standards so that all internet users can take the necessary steps to ensure their own personal cybersecurity. In particular, service providers and product manufacturers should withdraw or recycle products and services that do not meet cybersecurity standards. In cooperation with competent authorities, ENISA may disseminate information regarding the level of cybersecurity of the products and services offered in the internal market, and issue warnings targeting providers and manufacturers and requiring them to improve the security, including cybersecurity, of their products and services. The agency should work together with stakeholder towards developing a EU-wide approach to responsible vulnerabilities disclosure and should promote best practice in this area.

2018/02/09
Committee: LIBE

2017/0225(COD)

Proposal for a regulation
Recital 44

(44) The Agency should have a Permanent Stakeholders’ Group as an advisory body, to ensure regular dialogue with the private sector, consumers’ organisations and other relevant stakeholders. The Permanent Stakeholders’ Group, set up by the Management Board on a proposal by the Executive Director, should focus on issues relevant to stakeholders and bring them to the attention of the Agency. The composition of the Permanent Stakeholders Group and the tasks assigned to this Group, to be consulted in particular regarding the draft Work Programme, should ensure sufficient representation of stakeholders in the work of the Agency. Given the importance of certification requirements to ensure trust in IoT, the Commission will specifically consider implementing measures to ensure the pan-EU security standards harmonisation for IoT devices.

2018/02/09
Committee: LIBE

2017/0225(COD)

Proposal for a regulation
Recital 50

(50) Currently, the cybersecurity certification of ICT products and services is used only to a limited extent. When it exists, it mostly occurs at Member State level or in the framework of industry driven schemes. In this context, a certificate issued by one national cybersecurity authority is not in principle recognised by other Member States. Companies thus may have to certify their products and services in several Member States where they operate, for example with a view to participating in national procurement procedures. Moreover, while new schemes are emerging, there seems to be no coherent and holistic approach with regard to horizontal cybersecurity issues, for instance in the field of the Internet of Things. Existing schemes present significant shortcomings and differences in terms of product coverage, levels of assurance, substantive criteria and actual utilisation. A case by case approach is required to ensure that services and products are subject to appropriate certification schemes. Additionally, a risk- based approach is needed for effective identification and mitigation of risks whilst acknowledging that a one size fits all scheme is not possible.

2018/02/09
Committee: LIBE

2017/0225(COD)

Proposal for a regulation
Recital 57

(57) Recourse to European cybersecurity certification should remain voluntary, unless otherwise provided in Union or national legislation. After this initial stage, and depending on the maturity of implementation in the EU Member States and the criticality of a product or service, it is recognised that, in the future, potentially mandatory schemes for certain ICT products and services may begin to evolve in a phased approach for the future generations of technology and in response to the policy objectives of tomorrow. However, with a view to achieving the objectives of this Regulation and avoiding the fragmentation of the internal market, national cybersecurity certification schemes or procedures for the ICT products and services covered by a European cybersecurity certification scheme should cease to produce effects from the date established by the Commission by means of the implementing act. Moreover, Member States should not introduce new national certification schemes providing cybersecurity certification schemes for ICT products and services already covered by an existing European cybersecurity certification scheme.

2018/02/09
Committee: LIBE

2017/0225(COD)

Michał BONI, Henna VIRKKUNEN, Massimiliano SALINI, Krišjānis KARIŅŠ, Marian-Jean MARINESCU, Gunnar HÖKMARK

Proposal for a regulation
Article 5 – paragraph 1 – point 2

2. assisting Member States to implement consistently the Union policy and law regarding cybersecurity notably in relation to Directive (EU) 2016/1148, Directive establishing the European Electronic Communications Code, Regulation (EU) 2016/679 and Directive2002/58/EC, including by means of opinions, guidelines, advice and best practices on topics such as risk management, incident reporting and information sharing, as well as facilitating the exchange of best practices between competent authorities in this regard;

2018/02/09
Committee: LIBE

2017/0225(COD)

Proposal for a regulation
Recital 2

(2) The use of network and information systems by citizens, businesses and governments across the Union is now pervasive. Digitisation and connectivity are becoming core features in an ever growing number of products and services and with the advent of the Internet of Things (IoT) millions, if not billions, of connected digital devices are expected to be deployed across the EU during the next decade. While an increasing number of devices are connected to the Internet, security and resilience are not sufficiently built in by design, leading to insufficient cybersecurity. In this context, the limited use of certification leads to insufficient information for organisational and individual users about the cybersecurity features of ICT products, processes and services, undermining trust in digital solutions. This ambition is at the heart of the European Commission’s reform agenda to achieve a digital single market as ICT networks provide the backbone for digital products and services which have the potential to support all aspects of our lives and drive Europe’s economic growth. To ensure that the objectives of the digital single market are fully achieved the essential technology building blocks on which important areas such as eHealth, IoT, Artificial Intelligence, Quantum technology as well as intelligent transport system and advanced manufacturing rely must be in place.

2018/04/30
Committee: ITRE

2017/0225(COD)

Michał BONI, Seán KELLY, Henna VIRKKUNEN, Massimiliano SALINI, Marian-Jean MARINESCU, Gunnar HÖKMARK

Proposal for a regulation
Recital 3 a (new)

(3 a) Believes that the objectives and tasks of ENISA should be further aligned with the Joint Communication with regards to its reference to the promotion of cyber hygiene and awareness; notes that cyber resilience can be achieved by implementing basic cyber hygiene principles;

2018/04/30
Committee: ITRE

2017/0225(COD)

Michał BONI, Seán KELLY, Henna VIRKKUNEN, Massimiliano SALINI, Marian-Jean MARINESCU, Gunnar HÖKMARK

Proposal for a regulation
Article 20 – paragraph 1

1. The Management Board, acting on a proposal by the Executive Director, shall set up a Permanent Stakeholders’ Group composed of recognised experts representing the relevant stakeholders, such as the ICT industry, providers of electronic communications networks or services available to the public, consumer groups, the European standardisation organisations, academic experts in the cybersecurity, and representatives of competent authorities notified under [Directive establishing the European Electronic Communications Code] as well as of law enforcement and data protection supervisory authorities.

2018/02/09
Committee: LIBE

2017/0225(COD)

Proposal for a regulation
Recital 5

(5) In light of the increased cybersecurity challenges faced by the Union, there is a need for a comprehensive set of measures that would build on previous Union action and foster mutually reinforcing objectives. These include the need to further increase capabilities and preparedness of Member States and businesses, as well as to improve cooperation and coordination across Member States and EU institutions, agencies and bodies. Furthermore, given the borderless nature of cyber threats, there is a need to increase capabilities at Union level that could complement the action of Member States, in particular in the case of large scale cross-border cyber incidents and crises. Additional efforts are also needed to deliver a coordinated EU response and increase awareness of citizens and businesses on cybersecurity issues. Moreover, the trust in the digital single market should be further improved by offering transparent information on the level of security of ICT products and services. This can be facilitated by EU- wide certification providing common cybersecurity requirements and evaluation criteria across national markets and sectors. Alongside EU-wide certification, there is a range of voluntary measures widely accepted in the market place, depending on the product, service, use or standard; these measures as well as the industry bottom up approach, including the use of security-by-design, leveraging and contributing to international standards, should be encouraged.

2018/04/30
Committee: ITRE

2017/0225(COD)

Proposal for a regulation
Article 44 – paragraph 1

1. Following a request from the Commission, ENISA shall prepare a candidate European cybersecurity certification scheme which meets the requirements set out in Articles 45, 46 and 47 of this Regulation. Member States or the European Cybersecurity Certification Group (the ‘Group’) or the Permanent Stakeholders’ Group established under Article 5320 and 53 respectively may propose the preparation of a candidate European cybersecurity certification scheme to the Commission.

2018/02/09
Committee: LIBE

2017/0225(COD)

Michał BONI, Seán KELLY, Henna VIRKKUNEN, Massimiliano SALINI, Krišjānis KARIŅŠ, Marian-Jean MARINESCU, Gunnar HÖKMARK

Proposal for a regulation
Article 44 – paragraph 2

2. When preparing candidate schemes referred to in paragraph 1 of this Article, ENISA shall consult all relevant stakeholders and closely cooperate with the Group~~. The~~ and the Permanent Stakeholders’ Group. The Group and the Permanent Stakeholders’ Group shall provide ENISA with the assistance and expert advice required by ENISA in relation to the preparation of the candidate scheme, including by providing opinions where necessary. Where relevant, ENISA may in addition set up a certification stakeholder working group, composed of members of the Permanent Stakeholders’ Group and any other relevant stakeholders, to provide expert advice on areas covered by a specific candidate scheme.

2018/02/09
Committee: LIBE

2017/0225(COD)

Proposal for a regulation
Recital 7

(7) The Union has already taken important steps to ensure cybersecurity and increase trust in digital technologies. In 2013, an EU Cybersecurity Strategy was adopted to guide the Union's policy response to cybersecurity threats and risks. In its effort to better protect Europeans online, in 2016 the Union adopted the first legislative act in the area of cybersecurity, the Directive (EU) 2016/1148 concerning measures for a high common level of security of network and information systems across the Union (the "NIS Directive"). The NIS Directive fulfills the digital single market strategy and together with other instruments, such as the Directive establishing the European Electronic Communications Code, Regulation (EU) 2016/679 and Directive 2002/58/EC, puts in place requirements concerning national capabilities in the area of cybersecurity, established the first mechanisms to enhance strategic and operational cooperation between Member States, and introduced obligations concerning security measures and incident notifications across sectors which are vital for economy and society such as energy, transport, water, banking, financial market infrastructures, healthcare, digital infrastructure as well as key digital service providers (search engines, cloud computing services and online marketplaces). A key role was attributed to ENISA in supporting implementation of this Directive. In addition, effective fight against cybercrime is an important priority in the European Agenda on Security, contributing to the overall aim of achieving a high level of cybersecurity.

2018/04/30
Committee: ITRE

(23) The principles of data protection by design and by default were codified under Article 25 of Regulation (EU) 2016/679. Currently, the default settings for cookies are set in most current browsers to ‘accept all cookies’. Therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to ~~configure the software so that it offers the option~~inform the end-user about the possibility to express his or her consent using appropriate technical settings. The end-user should be offered multiple options to choose from, including to prevent third parties from storing information on the terminal equipment~~; this is often presented as ‘reject third party cookies’~~. End-users should be offered a set of privacy setting options, ranging from, ~~higher (~~for example, ~~‘never accept cookies’) to lower (for example, ‘always accept cookies’) and intermedia~~rejecting tracking that is not necessary for the functionality of the website or other software to, for example, accepting tracking necessary for the functionality of the website (for ~~example, ‘reject third party cooki~~other software as well as for other purposes’ or ~~‘only accept first p~~, for example, accepting tracking necessarty ~~cookies’). Such privacy settings should~~for the functionality of the website or other software and tracking for other purposes bey p~~resented in an easily visible and intelligible manner~~arties that demonstrate the compliance with the EU data protection and privacy legislation, for instance in line with Article 40 and 42 of Regulation (EU) 2016/679.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Csaba SÓGOR, Carlos COELHO, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 9 – paragraph 3

3. End-users who have consented to the processing of electronic communications data as set out in point (c) of Article 6(2) and points (a) and (b) of Article 6(3) shall be given the possibility to withdraw their consent at any time as set forth under Article 7(3) of Regulation (EU) 2016/679 ~~and be reminded of this possibility at periodic intervals of 6 months, as long as the processing continues~~.

2017/06/28
Committee: ITRE

2017/0003(COD)

Proposal for a regulation
Recital 24

(24) For web browsers to be able to obtain end-users’ consent as defined under Regulation (EU) 2016/679, ~~for example, to the storage of third party tracking cookies,~~ they should, among others, require a clear affirmative action from the end-user of terminal equipment to signify his or her freely given, specific informed, and unambiguous agreement to the storage and access of such cookies or other tracking mechanisms in and from the terminal equipment. Such action may be considered to be affirmative, for example, if end-users are required to actively select ~~‘accept third party cookies’~~one of the offered options to confirm their agreement and are given the necessary information to make the choice. To this end, it is necessary to require providers of software enabling access to internet that, at the moment of installation, end-users are informed about the possibility to choose the privacy settings among the various options and ask them to make a choice. Information provided should not dissuade end-users from selecting higher privacy settings and should include relevant information about the risks associated to allowing third party cookies or other tracking mechanisms to be stored in the computer, including the compilation of long-term records of individuals’ browsing histories and the use of such records to send targeted advertising. Web browsers are encouraged to provide easy ways for end-users to change the privacy settings at any time during use ~~and to~~. Web browsers shall allow the end-user to ~~make exceptions for or to whitelist certain websites or to specify for which websites (third) party cookies are always or never allowed~~customise his or her privacy settings for each individual website visited. The website shall be able to communicate to the end-user the fact that their privacy settings may influence his or her customer experience or access to all functionalities of the website and shall be allowed to offer end-user information how to change his or her settings, request consent from the end-user or offer him or her alternative options, such as i.e. subscription or paid access. The choice of end user for specific websites shall be respected by web browsers.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Viviane REDING, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Recital 25

(25) Accessing electronic communications networks requires the regular emission of certain data packets in order to discover or maintain a connection with the network or other devices on the network. Furthermore, devices must have a unique address assigned in order to be identifiable on that network. Wireless and cellular telephone standards similarly involve the emission of active signals containing unique identifiers such as a MAC address, the IMEI (International Mobile Station Equipment Identity), the IMSI etc. A single wireless base station (i.e. a transmitter and receiver), such as a wireless access point, has a specific range within which such information may be captured. Service providers have emerged who offer tracking services based on the scanning of equipment related information with diverse functionalities, including people counting, providing data on the number of people waiting in line, ascertaining the number of people in a specific area, etc. This information may be used for more intrusive purposes, such as to send commercial messages to end-users, for example when they enter stores, with personalized offers. While some of these functionalities do not entail high privacy risks, others do, for example, those involving the tracking of individuals over time, including repeated visits to specified locations. Providers engaged in such practices should ask for the end-user´s consent or should carry out data protection impact assessment and in this case the data collected is or is rendered pseudonymous or anonymous. Where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk, prior consultation with the supervisory authority, as prescribed in Article 36 of Regulation (EU) 2016/679, shall be carried out. Providers should display prominent notices located on the edge of the area of coverage informing end-users prior to entering the defined area that the technology is in operation within a given perimeter, the purpose of the tracking, the person responsible for it and the existence of any measure the end-user of the terminal equipment can take to minimize or stop the collection. Additional information should be provided where personal data are collected pursuant to Article 13 of Regulation (EU) 2016/679.

2017/07/14
Committee: LIBE

2017/0003(COD)

Proposal for a regulation
Article 10 – paragraph 1

1. Software placed on the market permitting electronic communications, including the retrieval and presentation of information on the internet, shall offer ~~the option to prevent third parties from storing information on the terminal equipment of an end-user or processing information already stored on that equipm~~appropriate technical settings referred to in Article 9 (2) for end-user to express consent.

2017/06/28
Committee: ITRE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Viviane REDING, Carlos COELHO, Pál CSÁKY

Proposal for a regulation
Recital 26

(26) When the processing of electronic communications data by providers of electronic communications services falls within its scope, this Regulation should provide for the possibility for the Union or Member States under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests, including national security, defence, public security and the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security ~~and other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State~~, or a monitoring, inspection or regulatory function connected to the exercise of official authority for such interests. Therefore, this Regulation should not affect the ability of Member States to carry out lawful interception of electronic communications or take other measures, if necessary and proportionate to safeguard the public interests mentioned above, in accordance with the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the Court of Justice of the European Union and of the European Court of Human Rights. Providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities, where relevant also taking into account the role of the representative designated pursuant to Article 3(3).

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 10 – paragraph 2

2. Upon installation, the software shall inform the end-user about the privacy settings options ~~and, to continue with the installation, require the end-user to consent to a setting~~. The technical settings shall consist of multiple options for end- user to choose from, including an option to prevent other parties from storing information on the terminal equipment of an end-user and from processing information already stored on that equipment. These settings should be easily accessible during the use of the software.

2017/06/28
Committee: ITRE

2017/0003(COD)

Proposal for a regulation
Recital 30

(30) Publicly available directories of end-users of electronic communications services are widely distributed. Publicly available directories means any directory or service containing end-users information such as phone numbers (including mobile phone numbers), email address contact details and includes inquiry services. The right to privacy and to protection of the personal data of a natural person requires that end-users that are natural persons are asked for consent before their personal data are included in a directory. The legitimate interest of legal entities requires that end- users that are legal entities have the right to object to the data related to them being included in a directory. The consent should be collected by the electronic communications service provider at the moment of signing the contract for such service.

2017/07/14
Committee: LIBE

2017/0003(COD)

Proposal for a regulation
Article 10 – paragraph 2 a (new)

2 a. The software permitting end-user to access individual websites shall enable end-user to customise his or her privacy settings according to the website visited.

2017/06/28
Committee: ITRE

2017/0003(COD)

Proposal for a regulation
Article 10 – paragraph 3

3. In the case of software which has already been installed on 25 May 2018, the requirements under paragraphs 1 and 2 shall be complied with at the time of the first update of the software, but no later than 25 August 2018.deleted

2017/06/28
Committee: ITRE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Recital 31

(31) If end-users that are natural persons give their consent to their data being included in such directories, they should be able to determine on a consent basis which categories of personal data are included in the directory (for example name, email address, home address, user name, phone number). In addition, ~~providers of publicly available directorie~~upon giving their consent the end-users should be inform ~~the end-users~~ed of the purposes of the directory and of the search functions of the directory before including them in that directory. End-users should be able to determine by consent on the basis of which categories of personal data their contact details can be searched. The categories of personal data included in the directory and the categories of personal data on the basis of which the end-user’s contact details can be searched should not necessarily be the same. The providers of publicly available directories shall provide information about the search options, as well as if new options and functions of the directories are available in the publicly available directories.

2017/07/14
Committee: LIBE

2017/0003(COD)

Proposal for a regulation
Article 11 – paragraph 1

1. Union or Member State law may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 5 to 8 where such a restriction respects the essence of the fundamental rights and freedoms and is a necessary, appropriate and proportionate measure in a democratic society to safeguard one or more of the general public interests referred to in Article 23(1)(a) to (ed) of Regulation (EU) 2016/679 or a monitoring, inspection or regulatory function connected to the exercise of official authority for such interests.

2017/06/28
Committee: ITRE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Recital 33

(33) Safeguards should be provided to protect end-users against unsolicited communications for direct marketing purposes, which intrude into the private life of end-users. The degree of privacy intrusion and nuisance is considered relatively similar independently of the wide range of technologies and channels used to conduct these electronic communications, whether using automated calling and communication systems, instant messaging applications, emails, SMS, MMS, Bluetooth, etc. It is therefore justified to require that consent of the end-user is obtained before commercial electronic communications for direct marketing purposes are sent to end-users in order to effectively protect individuals against the intrusion into their private life as well as the legitimate interest of legal persons. Legal certainty and the need to ensure that the rules protecting against unsolicited electronic communications remain future- proof justify the need to define a single set of rules that do not vary according to the technology used to convey these unsolicited communications, while at the same time guaranteeing an equivalent level of protection for all citizens throughout the Union. However, it is reasonable to allow the use of e-mail contact details within the context of an existing customer relationship for the offering of ~~similar~~ products or services. Such possibility should only apply to the same company that has obtained the electronic contact details in accordance with Regulation (EU) 2016/679.

2017/07/14
Committee: LIBE

2017/0003(COD)

Proposal for a regulation
Article 15 – paragraph 1

1. The providers ~~of publicly available directori~~electronic communication services shall obtain the consent of end- users who are natural persons to ~~includ~~share their personal data ~~in the directory and, consequently, shall obtain consent from these end-users for~~with the providers of publicly available directories to include them in the directory and, consequently, shall provide end-users who are natural persons with information about inclusion of data per category of personal data, to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory. Providers shall give end- users who are natural persons the means to verify, correct and delete such data.

2017/06/28
Committee: ITRE

2017/0003(COD)

Proposal for a regulation
Article 15 – paragraph 3

3. The providers of electronic communication services or providers of publicly available directories shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory. Providers shall give such end-users that are legal persons the means to verify, correct and delete such data.

2017/06/28
Committee: ITRE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Recital 37

(37) Service providers who offer electronic communications services sh~~ould inform end- users of measures they can take to protect~~ all comply withe security of their communications for instance by using specific types of software or encryption technologies. The requirement to inform end-users of particular security risks does not discharge a service provider from the obligation to take, at its own costs, appropriate and immediate measures to remedy any new, unforeseen security risks and restore the normal security level of the service. The provision of information about security risks to the subscriber should be free of charge. Security is appraised in the light of Article 32 of Regulation (EU) 2016/679bligations as prescribed in Article 32 of Regulation (EU) 2016/679 and Article 40 of [European Electronic Communications Code].

2017/07/14
Committee: LIBE

2017/0003(COD)

Proposal for a regulation
Article 15 – paragraph 4

4. The possibility for end-users not to be included in a publicly available directory, or to verify, correct and delete any data related to them shall be provided free of charge and in an easily accessible manner by the party that collected the consent or directly from the provider of publicly available directory.

2017/06/28
Committee: ITRE

2017/0003(COD)

Proposal for a regulation
Article 16 – paragraph 2

2. Where a natural or legal person obtains electronic contact details for electronic mail from its customer, in the context of the sale of a product or a service, in accordance with Regulation (EU) 2016/679, that natural or legal person may use these electronic contact details for direct marketing of its own ~~similar~~ products or services only if customers are clearly and distinctly given the opportunity to object, free of charge and in an easy manner, to such use. The right to object shall be given at the time of collection and each time a message is sent.

2017/06/28
Committee: ITRE

2017/0003(COD)

Proposal for a regulation
Article 16 – paragraph 3 – introductory part

3. Without prejudice to paragraphs 1 and 2, natural or legal persons using electronic communications services for the purposes of placing direct marketing calls shall: present the identity of a line on which they can be contacted; or present a specific code or prefix identifying the fact that the call is a marketing call.

2017/06/28
Committee: ITRE

2017/0003(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point a

~~(a) present the identity of a line on which they can be contacted; or~~deleted

2017/06/28
Committee: ITRE

2017/0003(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point b

~~(b) present a specific code/or prefix identifying the fact that the call is a marketing call.~~deleted

2017/06/28
Committee: ITRE

2017/0003(COD)

Proposal for a regulation
Article 17 – title

~~Information about detected security risk~~Security obligations

2017/06/28
Committee: ITRE

2017/0003(COD)

Proposal for a regulation
Article 17 – paragraph 1

~~In the case of a particular risk that may compromise the security of networks and~~Provider of electronic communications services, the provider of an electronic communications service shall inform end-users concerning such risk and, where the risk lies outside the scope of the measures to be taken by the service provider, inform end-users of any possible remedies, including an indication of the likely costs involved shall comply with the security obligations as prescribed Regulation (EU) 2016/679 and [European Electronic Communications Code].

2017/06/28
Committee: ITRE

2017/0003(COD)

Proposal for a regulation
Article 27 – paragraph 1

1. Directive 2002/58/EC is repealed with effect from ~~25 May 2018~~[1 year after entering into force of this Regulation].

2017/06/28
Committee: ITRE

2017/0003(COD)

Proposal for a regulation
Article 28 – paragraph 1

By ~~1 January 2018~~[the date of entry into force of this Regulation] at the latest, the Commission shall establish a detailed programme for monitoring the effectiveness of this Regulation.

2017/06/28
Committee: ITRE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Elissavet VOZEMBERG-VRIONIDI, Pál CSÁKY

Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 1

It shall apply from ~~25 May 2018~~[1 year after entering into force of this Regulation].

2017/06/28
Committee: ITRE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 4 – paragraph 2

2. For the purposes of point (b) of paragraph 1, the definition of ‘interpersonal communications service’ shall include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service.deleted

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Pál CSÁKY

Proposal for a regulation
Article 5 – paragraph 1

Electronic communications data shall be confidential. Any interference with electronic communications data, such as by listening, tapping, storing, monitoring, scanning or other kinds of interception, or surveillance ~~or processing~~ of electronic communications data, by persons other than the end-users, shall be prohibited, except when permitted by this Regulation.

2017/07/14
Committee: LIBE

2017/0003(COD)

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

1. Providers of electronic communications networks and services may process electronic communications data if: it is necessary to achieve the transmission of the communication, for the duration necessary for that purpose.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Elissavet VOZEMBERG-VRIONIDI, Pál CSÁKY

Proposal for a regulation
Article 6 – paragraph 1 – point a

~~(a) it is necessary to achieve the transmission of the communication, for the duration necessary for that purpose; or~~deleted

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 6 – paragraph 1 – point b

(b) it is necessary to maintain or restore the security of electronic communications networks and services, or detect technical faults and/or errors in the transmission of electronic communications, for the duration necessary for that purpose.deleted

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 6 – paragraph 1 a (new)

1 a. Providers of electronic communication networks and services and third parties may process electronic communication data to the extent strictly necessary for the purpose of ensuring security of network and information if it is necessary to protect, maintain or restore the confidentiality, integrity, availability, authenticity of electronic communications, protect the privacy and safety of end-users or of third parties or detect technical faults and/or errors in the transmission of electronic communications, for the duration necessary for that purpose.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 6 – paragraph 2 – introductory part

2. Providers of electronic communications networks and services may process electronic communications metadata if:

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 6 – paragraph 2 – point c

(c) the end-user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes, including for the provision of specific services to such end- users~~, provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous.~~;or

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 6 – paragraph 2 – point c a (new)

(c a) the processing of these data for another specified purpose is compatible with the purpose for which the data were initially collected and is subject to specific safeguards, especially pseudonymisation, as set forth in Article 6(4) of Regulation (EU) 2016/679;or

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 6 – paragraph 2 – point c b (new)

(c b) it is necessary, in accordance with Article 6(1)(f) of Regulation (EU) 2016/679, for the purposes of the legitimate interests pursued by the service provider or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2 a. For the purpose of point (cb) of paragraph 2, data protection impact assessment shall be carried out as prescribed in Article 35 of Regulation (EU) 2016/679.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 6 – paragraph 3 – introductory part

3. PWithout prejudice to points (1) and (1a) of Article 6, providers of the electronic communications services may process electronic communications content only:

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 6 – paragraph 3 – point a

(a) for the sole purpose of the provision of a specific service to an end- user, if the end-user ~~or end-users~~ concerned haves given ~~thei~~his or her consent to the processing of his or her electronic communications content and the provision of that service cannot be fulfilled without the processing of such content; or

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 7 – paragraph 1

1. Without prejudice to ~~point (b) of~~ Article 6(1a) and points (a) and (b) of Article 6(3), the provider of the electronic communications service shall erase electronic communications content or make that data anonymous after receipt of electronic communication content by the intended recipient or recipients. Such data may be recorded or stored by the end-users or by a third party entrusted by them to record, store or otherwise process such data, in accordance with Regulation (EU) 2016/679.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 7 – paragraph 2

2. Without prejudice to ~~point (b) of~~ Article 6(1a) and points (a), (c), (ca) and (cb) of Article 6(2), the provider of the electronic communications service shall erase electronic communications metadata or make that data anonymous when it is no longer needed for the purpose of the transmission of a communication.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 8 – paragraph 1 – point b a (new)

(b a) the information is or is rendered pseudonymous or anonymous;or

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 8 – paragraph 1 – point d

(d) if it is necessary ~~for web audience measuring, provided that such measurement is carried out by the provider of the information society service requested by the end-user.~~to obtain information about technical quality or effectiveness of an information society service that has been delivered, to understand and optimize web usage or about terminal equipment functionality, and it has no or little impact on the privacy of the end-user concerned; or

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)

(d a) it is necessary to protect privacy, security or safety of the end-user, or to protect confidentiality, integrity, availability, authenticity of the terminal equipment;or

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 8 – paragraph 1 – point d b (new)

(d b) the processing of these data and information for another specified purpose is compatible with the purpose for which the data were initially collected and is subject to specific safeguards, especially pseudonymisation, as set forth in Article 6(4) of Regulation (EU) 2016/679;or

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 8 – paragraph 1 – point d c (new)

(d c) it is necessary, in accordance with Article 6(1)(f) of Regulation (EU) 2016/679 for the purposes of the legitimate interests pursued by the service provider or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 8 – paragraph 1 a (new)

1 a. For the purpose of points (ba), (db) and (dc) of paragraph 1, data protection impact assessment shall be carried out as prescribed in Article 35 of Regulation (EU) 2016/679

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 8 – paragraph 1 b (new)

1 b. For the purpose of points (db) and (dc) of paragraph 1, in order to demonstrate the compliance with the Regulation, the adherence to the data protection certification mechanisms and of data protection seals and marks, as defined in Article 42 of Regulation (EU) 2016/679, especially on the Union level, shall be encouraged by the Member States, the supervisory authorities, the Board and the Commission.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Viviane REDING, Carlos COELHO, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)

(a a) the end-user has given his or her consent;or

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Viviane REDING, Carlos COELHO, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point b

(b) the information collected is or is rendered pseudonymous or anonymous and the data protection impact assessment and, if necessary, a prior consultation with the supervisory authority were carried out, as prescribed respectively in Article 35 and 36 of Regulation (EU) 2016/679, and a clear and prominent notice is displayed informing of, at least, the modalities of the collection, its purpose, the person responsible for it and the other information required under Article 13 of Regulation (EU) 2016/679 where personal data are collected, as well as any measure the end-user of the terminal equipment can take to stop or minimise the collection.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 9 – paragraph 3

3. End-users who have consented to the processing of electronic communications data as set out in point (c) of Article 6(2) and points (a) and (b) of Article 6(3) shall be given the possibility to withdraw their consent at any time as set forth under Article 7(3) of Regulation (EU) 2016/679 ~~and be reminded of this possibility at periodic intervals of 6 months, as long as the processing continues~~.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Csaba SÓGOR, Carlos COELHO, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 10 – paragraph 1

1. Software placed on the market permitting electronic communications, including the retrieval and presentation of information on the internet, shall offer ~~the option to prevent third parties from storing information on the terminal equipment of an end-user or processing information already stored on that equipm~~appropriate technical settings referred to in Article 9 (2) for end-user to express consent.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Csaba SÓGOR, Carlos COELHO, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 10 – paragraph 2

2. Upon installation, the software shall inform the end-user about the privacy settings options ~~and, to continue with the installation, require the end-user to consent to a setting~~. The technical settings shall consist of multiple options for end- user to chose from, including an option to prevent other parties from storing information on the terminal equipment of a n end-user and from processing information already stored on that equipment. These settings should be easily accessible during the use of the software.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Viviane REDING, Csaba SÓGOR, Carlos COELHO, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 10 – paragraph 2 a (new)

2 a. The software permitting the end- user to access individual websites shall enable the end-user to customise his or her privacy settings according to the website visited.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Csaba SÓGOR, Carlos COELHO, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 10 – paragraph 3

3. In the case of software which has already been installed on 25 May 2018, the requirements under paragraphs 1 and 2 shall be complied with at the time of the first update of the software, but no later than 25 August 2018.deleted

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 11 – paragraph 1

1. Union or Member State law may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 5 to 8 where such a restriction respects the essence of the fundamental rights and freedoms and is a necessary, appropriate and proportionate measure in a democratic society to safeguard one or more of the general public interests referred to in Article 23(1)(a) to (ed) of Regulation (EU) 2016/679 or a monitoring, inspection or regulatory function connected to the exercise of official authority for such interests.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 15 – paragraph 1

1. The providers of ~~publicly available directori~~electronic communication services shall obtain the consent of end- users who are natural persons to ~~include~~ share their personal data ~~in the directory and, consequently, shall obtain consent from these end-users for~~with the providers of publicly available directories to include them in the directory and, consequently, shall provide end-users who are natural persons with information about inclusion of data per category of personal data, to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory. Providers shall give end- users who are natural persons the means to verify, correct and delete such data.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Carlos COELHO, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 15 – paragraph 3

3. The providers of electronic communication services or providers of publicly available directories shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory. Providers shall give such end-users that are legal persons the means to verify, correct and delete such data.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Viviane REDING, Carlos COELHO, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 15 – paragraph 4

4. The possibility for end-users not to be included in a publicly available directory, or to verify, correct and delete any data related to them shall be provided free of charge and in an easily accessible manner by the party that collected the consent or directly from the provider of publicly available directory.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 16 – paragraph 2

2. Where a natural or legal person obtains electronic contact details for electronic mail from its customer, in the context of the sale of a product or a service, in accordance with Regulation (EU) 2016/679, that natural or legal person may use these electronic contact details for direct marketing of its own ~~similar~~ products or services only if customers are clearly and distinctly given the opportunity to object, free of charge and in an easy manner, to such use. The right to object shall be given at the time of collection and each time a message is sent.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 16 – paragraph 3 – introductory part

3. Without prejudice to paragraphs 1 and 2, natural or legal persons using electronic communications services for the purposes of placing direct marketing calls shall: present the identity of a line on which they can be contacted; or present a specific code/or prefix identifying the fact that the call is a marketing call.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 16 – paragraph 3 – point a

~~(a) present the identity of a line on which they can be contacted; or~~deleted

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 16 – paragraph 3 – point b

~~(b) present a specific code/or prefix identifying the fact that the call is a marketing call.~~deleted

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 17 – title

~~Information about detected security risk~~Security obligations

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 17 – paragraph 1

~~In the case of a particular risk that may compromise the security of networks and~~Provider of electronic communications services, the provider of an electronic communications service shall inform end-users concerning such risk and, where the risk lies outside the scope of the measures to be taken by the service provider, inform end-users of any possible remedies, including an indication of the likely costs involved shall comply with the security obligations as prescribed Regulation (EU) 2016/679 and [European Electronic Communications Code].

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 27 – paragraph 1

1. Directive 2002/58/EC is repealed with effect from ~~25 May 2018~~[1 year after entering into force of this Regulation].

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 28 – paragraph 1

By ~~1 January 2018~~[the date of entry into force of this Regulation] at the latest, the Commission shall establish a detailed programme for monitoring the effectiveness of this Regulation.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 1

It shall apply from ~~25 May 2018~~[1 year after entering into force of this Regulation].

2017/07/14
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Recital 8

(8) In Declaration No 21 on the protection of personal data in the fields of judicial cooperation in criminal matters and police cooperation, annexed to the final act of the intergovernmental conference which adopted the Treaty of Lisbon, the conference acknowledged that specific rules on the protection of personal data and the free movement of personal data in the fields of judicial cooperation in criminal matters and police cooperation based on Article 16 TFEU could prove necessary because of the specific nature of those fields. This Regulation should therefore not apply to Union agencies carrying out activities in the fields of judicial cooperation in criminal matters and police cooperation only to the extent that Union law applicable to such agencies does not contain specific rules on the processing of personal datathe processing of operational personal data, such as personal data processed for criminal investigation purposes by Union bodies, offices or agencies carrying out activities which fall within the scope of Chapters 4 and 5 of Title V of Part Three of the TFEU where the acts establishing these bodies, offices or agencies provide for comprehensive data protection rules applicable to the processing of such data, such as the acts establishing Eurojust, Europol and the European Public Prosecutor's Office. Processing of administrative personal data by those bodies, offices or agencies, such as staff data, should be covered by this Regulation.

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Recital 9

(9) Directive (EU) 2016/680 provides harmonised rules for the protection and the free movement of personal data processed for the purposes of the prevention, investigation, detection or prosecution of criminal offences or execution of criminal penalties, including the safeguarding against and the prevention of threats to public security. In order to foster the same level of protection for natural persons through legally enforceable rights throughout the Union and to prevent divergences hampering the exchange of personal data between Union bodies, offices and agencies carrying out activities ~~in the fields of judicial cooperation in criminal mat~~which fall within the scope of Chapters 4 and ~~police cooperation~~5 of Title V of Part Three of the TFEU and competent authorities in Member States, the rules for the protection and the free movement of operational personal data processed by such Union ~~agencies should draw on the principl~~bodies, offices uand~~erpinning this Regulation an~~ agencies should be consistent with Directive (EU) 2016/680.

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Recital 10

(10) Where the founding act of a Union agency carrying out activities which fall within the scope of Chapters 4 and 5 of Title V of the Treaty lays down a standalone data protection regime for the processing of operational personal data such regimes should be unaffected by this Regulation. However, the Commission should, in accordance with Article 62 of Directive (EU) 2016/680, by 6 May 2019 review Union acts which regulate processing by the competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security and, where appropriate, make the necessary proposals to amend those acts to ensure a consistent approach to the protection of personal data in the area of judicial cooperation in criminal matters and police cooperation.deleted

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Recital 10 a (new)

(10a) This Regulation should apply to the processing of personal data by Union institutions, bodies, offices or agencies carrying out activities which fall within the scope of Chapter 2 of Title V of the TEU. This Regulation does not apply to the processing of personal data by missions referred to in Articles 42(1), and 43 and 44 of the TEU, which implement the common security and defence policy. Where appropriate, relevant proposals could be put forward to further regulate the processing of personal data in the field of the common security and defence policy.

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Recital 24

(24) The processing of special categories of personal data may be necessary for reasons of public interest in the areas of public health without consent of the data subject. Such processing should be subject to suitable and specific measures so as to protect the rights and freedoms of natural persons. In that context, ‘public health’ should be interpreted as defined in Regulation (EC) No 1338/2008 of the European Parliament and of the Council15 , namely all elements related to health, namely health status, including morbidity and disability, the determinants having an effect on that health status, health care needs, resources allocated to health care, the provision of, and universal access to, health care as well as health care expenditure and financing, and the causes of mortality. Such processing of data concerning health for reasons of public interest should not result in personal data being processed for other purposes by third parties such as employers or insurances and banking companies. _________________ 15 Regulation (EC) No 1338/2008 of the European Parliament and of the Council of 16 December 2008 on Community statistics on public health and health and safety at work (OJ L 354, 31.12.2008, p. 70).

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Article 2 – paragraph 1

1. This Regulation applies to the processing of personal data by all Union institutions and bodies ~~insofar as such processing is carried out in the exercise of activities which fall, wholly or partially within the scope of~~, except Eurojust, Europol and the European Public Prosecutor's Office. Specific data protection rules apply to these Union ~~law~~bodies.

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Article 2 – paragraph 1 a (new)

1a. Eurojust, Europol and the European Public Prosecutor's Office shall only be covered by this Regulation for the processing of administrative personal data. Separate provisions apply to the processing of operational personal data by Eurojust, EPPO and the European Public Prosecutor's Office. The before mentioned Union bodies are not subject to this Regulation for the processing of operational personal data.

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) the definitions in Regulation (EU) 2016/679, with the exception of the definition of ‘'controller’' in point (7), , 'main establishment' in point (16), 'enterprise' in point (18), 'group of undertaking' in point (19) and 'binding cooperate rules' in point (5) of Article 4 of that Regulation;

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)

(aa) 'operational personal data' means all personal data processed by the Union bodies, offices or agencies carrying out activities which fall within the scope of Chapter 4 or Chapter 5 of Title V of Part Three of the TFEU to meet the objectives laid down in the acts establishing these bodies, offices or agencies;

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a b (new)

(ab) 'administrative personal data' means all personal data processed by the Union bodies, offices or agencies which fall in the scope of this Regulation;

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a

(a) ~~processing is necessary for the performance of a task carried out in the public interest on the basis or in the exercise of official authority vested in the Union institution or body~~the data subject has given consent to the processing of his or her personal data for one or more specific purposes;

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b

(b) processing is necessary for ~~compliance with a legal obligation to which the controller is subje~~the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c

(c) processing is necessary for ~~the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contra~~compliance with a legal obligation to which the controller is subject;

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d

(d) ~~the data subject has given consent to the processing of his or her personal data for one or more specific purposes~~processing is necessary in order to protect the vital interests of the data subject or of another natural person;

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point e

(e) processing is necessary ~~in order to protect the vital~~for the performance of a task carried out in the public interests ofn the ~~data subject~~basis or in the exercise orf of ~~another natural person~~ficial authority vested in the Union institution or body.

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point b

(b) that it is strictly necessary to have the data transmitted~~, it is proportionate to the purposes of the transmission~~ having regard to the recipient's objectives, and ifthat there is not any reason to assume that the data subject's rights and freedoms and legitimate interests might be prejudiced by the requested data transfer or the reasonably to be expected further use of that personal data by the recipient.

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point a

(a) the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject, or

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Article 11 – paragraph 1

Processing of personal data relating to criminal convictions and offences or related security measures pursuant to Article 5(1) ~~may~~shall be carried out only ifwhen authorised by Union law, which may include internal rules, providing the appropriate specific safeguards for the rights and freedoms of data subjects.

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Article 16 – paragraph 5 – point b

(b) the provision of such information proves impossible or would involve a disproportionate effort, in particular for processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing. In such cases the controller shall take appropriate measures to protect the data subject's rights and freedoms and legitimate interest, including making the information publicly available;

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Article 25 – paragraph 1 – point d

(d) the internal security of Union institutions and bodies, including of their servers, IT and electronic communication networks;

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Article 25 – paragraph 1 a (new)

1a. In particular, any legal act or internal rule referred to in paragraph 1 shall contain specific provisions, where relevant, as to : (a) the purposes of the processing or categories of processing; (b) the categories of personal data; (c) the scope of the restrictions introduced; (d) the safeguards to prevent abuse or unlawful access or transfer; (e) the specifications of the controller or categories of controllers; (f) the storage periods and the applicable safeguards taking into account the nature, scope and purposes of the processing or categories of processing; (g) the risks to the rights and freedoms of data subjects; and (h) the rights of the data subject to be informed about the restriction, unless that may be prejudicial to the purpose of the restriction.

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Article 25 – paragraph 2

2. Where a restriction is not provided for by a legal act adopted on the basis of the Treaties or by an internal rule in accordance with paragraph 1, the Union institutions and bodies may restrict the application of Articles 14 to 22, 34 and 38, as well as Article 4 in so far as its provisions correspond to the rights and obligations provided for in Articles 14 to 22, if such a restriction respects the essence of the fundamental rights and freedoms, in relation to a specific processing operation, and is a necessary and proportionate measure in a democratic society to safeguard one or more of the objectives referred to in paragraph 1. The restriction shall be notified to the competent data protection officer.deleted

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Article 44 – paragraph 2

2. Union institutions and bodies may designate a single data protection officer for several of them, taking into account their organisational structure and size of the Union institutions and bodies.

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Article 54 – paragraph 2

2. The list drawn up by the Commission from which the European Data Protection Supervisor shall be chosen shall be made up of persons whose independence is beyond doubt and who are acknowledged as having the experience and skills required to perform the duties of European Data Protection Supervisor~~, for example because they belong or have belonged to the supervisory authorities established under Article 41 of Regulation (EU) 2016/679~~.

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point a

(a) monitor and en~~forc~~sure the application of this Regulation ~~and other Union acts relating to the protection of natural persons with regard to the processing of personal data by a Union institution or body, with~~by a Union institution or body, with the exception of the processing of personal data by the Court of Justice of the European Union acting in its judicial capacity and the exception of the processing of operational personal data by ~~the Court of Justice of the European Union acting in its judicial capacity~~Europol, Eurojust and the European Public Prosecutor's Office;

2017/07/12
Committee: LIBE

2017/0002(COD)

Proposal for a regulation
Article 62 – paragraph 1

1. Where a Union act refers to this Article, the European Data Protection Supervisor shall cooperate ~~actively~~ with the national supervisory authorities, in order to ensure effective supervision of large IT systems or Union bodies and agencies.

2017/07/12
Committee: LIBE

2016/3018(RSP)

Axel VOSS, Monika HOHLMEIER, Jeroen LENAERS, Michał BONI

Recital D

D. whereas in its Opinion 4/2016 the EDPS raised several concerns on the draft Privacy Shield; while the EDPS welcomes in the same opinion the efforts made by all parties to find a solution for transfers of personal data from the EU to the US for commercial purposes under a system of self-certification;

2017/01/30
Committee: LIBE

2016/3018(RSP)

Axel VOSS, Monika HOHLMEIER, Jeroen LENAERS, Michał BONI

Recital E

E. whereas in its Opinion 01/2016 the Article 29 Working Party on the draft EU- U.S. Privacy Shield adequacy implementing Commission Decision welcomed the significant improvements brought about by the Privacy Shield compared with the Safe Harbour decision ~~whilst also raising strong concerns about~~and in particular, the insertion of key definitions, the mechanisms set up to ensure the oversight of the Privacy Shield list and the now mandatory external and internal reviews of compliance, and whereas the Working Party has also asked clarifications on both the commercial aspects and the access by public authorities to data transferred under the Privacy Shield;

2017/01/30
Committee: LIBE

2016/3018(RSP)

Axel VOSS, Monika HOHLMEIER, Jeroen LENAERS, Michał BONI

Paragraph 4

4. Acknowledges that the EU-U.S. Privacy Shield facilitates data transfers from SMEs and businesses in the Union to the U.S.; welcomes that companies are not left anymore in a legal limbo and that the EU-US Privacy Decision is providing a legal base for the data transfer; also recalls that legal certainty, and in particular clear and uniform rules are a key element for business development and growth, in particular for SMEs companies; insist in this regard that SMEs accounted for 60% of the companies relying on the Safe Harbour Framework and that SMEs stand to gain the most from the new Privacy Shield and calls on the Commission in close cooperation with the DPAs to provide for greater clarity, precision and accessibility in the implementing and functioning of the Privacy Shield for those companies;

2017/01/30
Committee: LIBE

2016/3018(RSP)

Axel VOSS, Monika HOHLMEIER, Jeroen LENAERS, Michał BONI

Paragraph 5

5. Notes that, in line with the ruling of the Court in the Schrems case, the powers of the European data protection authorities remain unaffected by the adequacy decision and hence they can exercise their powers, including the suspension or the ban of data transfers to an organisation registered in the EU-U.S. Privacy Shield; welcomes in this regard the prominent role given by the Privacy Shield Framework to Member State DPAs to examine and investigate claims related to the protection of the rights to privacy and family life under the EU Charter of Fundamental Rights, to suspend transfers of data, as well as the obligation placed upon the US Department of Commerce to resolve such complaints;

2017/01/30
Committee: LIBE

2016/3018(RSP)

Axel VOSS, Jeroen LENAERS, Michał BONI, Monika HOHLMEIER

Paragraph 5 a (new)

5a. Notes with satisfaction that under the Privacy Shield Framework, EU data subjects dispose of several ways to pursue legal remedies in the US as first, complaints can be lodged either directly to the company or through the Department of Commerce following a referral by a Data Protection Authority (DPA) or to an independent dispute resolution body; secondly, with regard to interferences with fundamental rights for the purpose of national security, a civil claim can be brought before the US court. Similar complaints can also be addressed by the newly-created independent Ombudsperson; finally, complaints about interferences with fundamental rights for the purposes of law enforcement further and the public interest can be dealt with by motions challenging subpoenas; encourages further guidance from the European Commission and DPAs to make those legal remedies all more easily accessible and available;

2017/01/30
Committee: LIBE

2016/3018(RSP)

Axel VOSS, Michał BONI, Jeroen LENAERS, Monika HOHLMEIER

Paragraph 7

7. Considers that, despite the c~~larification~~ommitments and assurances made by the U.S. ~~administration~~government by means of the letters attached to the Privacy Shield arrangement, important ~~concer~~questions remain as regards certain commercial aspects, national security and law enforcement;

2017/01/30
Committee: LIBE

2016/3018(RSP)

Axel VOSS, Michał BONI, Jeroen LENAERS, Monika HOHLMEIER

Paragraph 8

8. Notes~~, amongst, others the~~ that, although U.S. lackw offers specific ~~rules~~ protections a~~utomated decision- making, on a general right to object, and the lack of cle~~gainst adverse decisions in areas where companies most likely resort to automated processing (e.g. employment, credit lending), no specific rules on automated decision-making are pr~~inciples on how~~ovided for in the Privacy Shield ~~Principles apply to processors (agents)~~and therefore calls on the Commission to monitor the situation, including through the annual reviews;

2017/01/30
Committee: LIBE

2016/3018(RSP)

Axel VOSS, Monika HOHLMEIER, Jeroen LENAERS, Michał BONI

Paragraph 10

10. ~~Deplores that, nei~~Recalls its Resolution of 26 May 2016 welcoming the introduction of new redress mechanisms under the Privacy Shield, but also recognizes that questions remain as to whether the Privacy Shield Principles ~~nor~~and the letters of the U.S. administration provid~~ing~~e sufficient clarifications and assurances to demonstrate the existence of effective judicial redress rights for individuals in the EU whose personal data are transferred to an U.S. organisation under the Privacy Shield Principles and further accessed and processed by U.S. public authorities for law enforcement and public interest purposes, as required by article 47 of the Charter;

2017/01/30
Committee: LIBE

2016/3018(RSP)

Axel VOSS, Monika HOHLMEIER, Jeroen LENAERS, Michał BONI

Paragraph 15

15. Calls on the Commission to conduct, during the first join annual review, a thorough and in-depth examination of ~~all the shortcom~~the adequacy findings and weaknesses referred to in this resolution, in its Resolution of 26 May 2016 on Transatlantic data flows12 , and those identified by the Article 29 Working Party, the EDPS and the stakeholders, and to demonstrate how they have been addressed so as to ensure compliance with the Charter and Union lawthe legal justifications thereof, both with a view to ensuring that personal data are adequately protected and that is functioning efficiently without unnecessary impairment to the other fundamental rights, such as the right to privacy and security, the right to receive and impart information, and the right to conduct business, and to evaluate meticulously if the mechanisms and safeguards indicated in the assurances and clarifications by the U.S. administration are effective and feasible; ~~_________________ 12 Text adopted, P8_TA-PROV(2016)0233.~~

2017/01/30
Committee: LIBE

2016/3018(RSP)

Axel VOSS, Monika HOHLMEIER, Jeroen LENAERS, Michał BONI

Paragraph 16

16. Calls on the Commission to ensure that for the conducting of the joint annual review, all the members of the team shall have ~~full and unrestricted~~access to all documents in accordance with the existing rules on access to ~~all~~ documents and premises necessary for the performance of their task and that their independence in the performance of their tasks is ensured;

2017/01/30
Committee: LIBE

2016/3018(RSP)

Axel VOSS, Monika HOHLMEIER, Jeroen LENAERS, Michał BONI

Paragraph 18

18. Stresses that the European Parliament should have ~~full~~ access to ~~any relevant~~ documents related to the joint annual review, underlines that the access to this documents have to be in accordance with the existing rules on access to documents;

2017/01/30
Committee: LIBE

2016/2325(INI)

Motion for a resolution
Citation 4 a (new)

– having regard to the Commission communication of 14 September 2016 entitled 'Connectivity for a Competitive Digital Single Market – Towards a European Gigabit Society' (COM(2016)0587) and the accompanying Commission staff working document (SWD(2016)0300),

2017/04/28
Committee: ITRE

2016/2325(INI)

Motion for a resolution
Citation 4 b (new)

– having regard to the Commission communication of 14 September 2016 entitled '5G for Europe: An Action Plan' (COM(2016)0588) and the accompanying Commission staff working document (SWD(2016)0306),

2017/04/28
Committee: ITRE

2016/2325(INI)

Motion for a resolution
Citation 4 c (new)

– having regard to the Commission proposal of 14 September 2016 for a Directive of the European Parliament and of the Council establishing the European Electronic Communications Code (COM(2016)0590),

2017/04/28
Committee: ITRE

2016/2325(INI)

Motion for a resolution
Paragraph 2 a (new)

2a. Believes that the coordination the 'Space Strategy for Europe' with the other Commission strategies 'Connectivity for a Competitive Digital Single Market – Towards a European Gigabit Society and 5G for Europe: An Action Plan with the support of Member States and industry it is essential to promote effective and demand-driven use of satellite communications in order to foster ubiquitous connectivity in all Europe.

2017/04/28
Committee: ITRE

2016/2325(INI)

Motion for a resolution
Paragraph 5

5. Asks the Commission to review the ~~adequacy of resources allocated to the~~domain of responsibilities of GSA, taking into consideration its current and future tasks and the risks of conflicts of interest resulting from the outsourcing of tasks;

2017/04/28
Committee: ITRE

2016/2325(INI)

Françoise GROSSETÊTE, Krišjānis KARIŅŠ, Esther DE LANGE, Marian-Jean MARINESCU, Christian EHLER, Cristian-Silviu BUŞOI, Michał BONI, Franck PROUST, Barbara KUDRYCKA, Anne SANDER, Lefteris CHRISTOFOROU, Francisco de Paula GAMBUS MILLET

Motion for a resolution
Paragraph 6

6. Stresses that in order to meet current and future challenges, the next EU budget should include a space budget larger than the current one to support the entire value chain (Space and Ground Segment, Earth Observation, Navigation and Communications) and that this needs to be ensured in the course of the upcoming MFF review;

2017/04/28
Committee: ITRE

2016/2325(INI)

Motion for a resolution
Paragraph 7 a (new)

7a. Highlights that space programmes and their services will be key assets in policy areas such as energy, climate, environment, security and defence, health, agriculture, forestry, fisheries, transport, tourism, digital market, regional policy and local planning; believes that there is a huge potential in tackling challenges such as migration, border management and sustainable development;

2017/04/28
Committee: ITRE

2016/2325(INI)

Françoise GROSSETÊTE, Krišjānis KARIŅŠ, Esther DE LANGE, Christian EHLER, Anne SANDER, Franck PROUST, Cristian-Silviu BUŞOI, Barbara KUDRYCKA, Michał BONI, Francisco de Paula GAMBUS MILLET, Lefteris CHRISTOFOROU

Motion for a resolution
Paragraph 8 a (new)

8a. Calls on the Commission to maintain a space-dedicated line under the next Framework Program; calls moreover for a streamlining of the European funding for space-related research and technology which is currently spread throughout several EU funding schemes in order to reduce administrative expenditure and to improve the accessibility for enterprises, in particular for SMEs;

2017/04/28
Committee: ITRE

2016/2325(INI)

Françoise GROSSETÊTE, Christian EHLER, Lefteris CHRISTOFOROU, Francisco de Paula GAMBUS MILLET, Anne SANDER, Cristian-Silviu BUŞOI, Michał BONI, Esther DE LANGE, Marian-Jean MARINESCU, Franck PROUST

Motion for a resolution
Paragraph 12

12. Highlights the ability of satellites to provide uninterrupted very high capacity connectivity, in particular in remote areas and outermost regions, which will be essential for the development of 5G networks, enabling services such as autonomous driving; stresses also the need to reserve adequate frequency bands for the operation of these satellite services; calls for this to be addressed in current legislative work on ~~telecommunication~~European Electronic Communications Code, Connectivity for a Competitive Digital Single Market – Towards a European Gigabit Society and 5G for Europe: An Action Plan to ensure that all European citizens, Public Administrations and business sectors can benefit from the ubiquitous reach of satellite networks;.

2017/04/28
Committee: ITRE

2016/2325(INI)

Motion for a resolution
Paragraph 12

12. Highlights the ability of satellites to provide uninterrupted very high capacity connectivity, in particular in ~~remote areas and outermost regions, which will be essential for~~the outermost regions and remote areas , which will be essential for the mitigation of digital divide and the development of 5G networks, enabling services such as autonomous driving, e-governance, e-learning and e- health applications; stresses also the need to reserve adequate frequency bands for the operation of these satellite services; calls for this to be addressed in legislative work on telecommunication networks and adequate investments in R&D;

2017/04/28
Committee: ITRE

2016/2325(INI)

Motion for a resolution
Paragraph 12 a (new)

12a. Notes that continued investments is still needed in rolling out existing and future technologies, including satellite technologies, in rural and remote areas; highlights that a smart combination of private and public investments is necessary to tackle the digital divide of rural and remote areas;

2017/04/28
Committee: ITRE

2016/2325(INI)

Motion for a resolution
Paragraph 12 b (new)

12b. Notes that satellite is not just about preventing a Digital Chasm when 5G finally comes to the urban elite; Stresses that satellite has broader role in enabling vertical business plans: whether video offloading for media, enabling infotainment & safety services across a complete territory without interruption for enabling millions of software updates for cars or other devices used in IoT;

2017/04/28
Committee: ITRE

2016/2325(INI)

Françoise GROSSETÊTE, Krišjānis KARIŅŠ, Esther DE LANGE, Christian EHLER, Marian-Jean MARINESCU, Michał BONI, Franck PROUST, Cristian-Silviu BUŞOI, Francisco de Paula GAMBUS MILLET

Motion for a resolution
Paragraph 17 a (new)

17a. Asks the Commission to support the European space sector in its value chain entirety;

2017/04/28
Committee: ITRE

2016/2325(INI)

Motion for a resolution
Paragraph 20 a (new)

20a. Recalls the growing importance of cybersecurity for space programmes; calls on the Commission to mitigate the risks for EU space assets by taking adequate measures for the protection of space- related infrastructure against cyberthreats.

2017/04/28
Committee: ITRE

2016/2325(INI)

Motion for a resolution
Paragraph 21

21. Calls on the Commission to design the planned Govsatcom initiative in a cost- effective way, which may include purchasing services from already deployed or planned commercial communication satellites as from 2019 in order to start testing uses, and to ensure that the initiative creates significant added value and avoids duplicating existing structures;

2017/04/28
Committee: ITRE

2016/2325(INI)

Motion for a resolution
Paragraph 22 a (new)

22a. Reminds that the Union is lagging behind its 2020 Digital Agenda connectivity targets, especially worrisome is the lagging behind of rural and remote areas;

2017/04/28
Committee: ITRE

2016/2325(INI)

Motion for a resolution
Paragraph 28

28. Calls on the Commission to draw up a timetable for the implementation of the measures proposed in the strategy, to propose legislation where necessary and to devise additional concrete and tangible actions needed to achieve the aims outlined in the strategy in a timely fashion;

2017/04/28
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Citation 14 a (new)

- having regard to the Commission communication of 26 October 2016 entitled 'Space Strategy for Europe' (COM (2016)0705),

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Recital B

B. whereas the architecture of 5G ~~mobile~~ networks will be substantially different to that of previous generations in order to meet the expected business and performance requirements for Very High Capacity (VHC) networks, especially with regard to latency, coverage and reliability;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Recital C a (new)

C a. Whereas maintaining and strengthening an investment friendly regulatory environment will enable network modernisation to VHC to speed up the deployment of 5G and allow better end-user performance of various technologies;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Recital D a (new)

D a. whereas the provisions of a European Electronic Communications Code shall aim at incentivising investment in new network elements in a competitive manner;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Paragraph 1

1. Welcomes the Commission’s proposal to draw up a 5G Action Plan aimed at making the EU a world leader in the deployment of standardised 5G networks from 2020 to 2025; as part of a larger developed strategy of a European Gigabit Society technologically more competitive and inclusive;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Paragraph 2

2. Welcomes and endorses the gigabit society ~~target~~medium-term objectives of attaining network speeds of 100Mbps, upgradable to Giga, for all European consumers and~~, in the long term, of between 1Gbps and~~ at least 1Gbps, increasing in the long term to 100Gbps, for the main socio-economic drivers, such as digitally intensive businesses, major transport hubs, financial institutions and schools;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Paragraph 2

2. Welcomes the gigabit society targets ensuring high-quality experiences and of attaining network speeds of 100Mbps for all European consumers and, in the long term, of between 1Gbps and 100Gbps for the main socio-economic drivers, such as digitally intensive businesses, major transport hubs, financial institutions and schools;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Paragraph 2 a (new)

2 a. Stresses the need to ensure that a maximum of EU citizens can benefit from gigabit society connectivity, including those situated in remote areas;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Paragraph 3

3. Points out that 5G ~~system~~radio access will need to be able to operate over a very wide frequency range: from less than 1GHz up to 100GHz and including backhaul with a maximum potential of up to 300GHz; notes that frequencies of 3-6GHz and above 106GHz should deliver extreme data rates and extreme capacity in dense areas; acknowledges that 5G systems in high frequency bands require a very dense network infrastructure based on small cells access to sites;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Paragraph 3 a (new)

3 a. Stresses that download speeds alone will not be sufficient to meet the future connectivity demand of the Gigabit Society, therefore requiring an infrastructure objective aimed at VHC networks, which meet the highest standards in terms of upload as well as download speeds, latency and resilience;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Paragraph 5

5. Points out that the construction of 5G wireless networks requires access to VHC backhaul and flexible and efficient use of all available non- contiguous parts of the spectrum, including 700Mhz band, for widely different network deployment scenarios, with a clear emphasis on harmonising the available spectrum bands on a regional basis;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Paragraph 5 a (new)

5 a. Acknowledges the importance of licensed spectrum to ensure long-term network investment and guarantee better quality of services, by enabling steady and reliable spectrum access, while also underlining the need for better legal protection for unlicensed spectrum and various methods of sharing spectrum;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Paragraph 6

6. Notes that sector players should benefit from a level playing field and should enjoy the flexibility to design their own networks, choosing their investment model and the most appropriate technology, including ~~fibre-to-the-home (~~FTTH)x, Wi-Fi, WiGig, G.fast, 2G, cable, satellite or any other rapid development technologies, provided that will help connect all Europeans to VHC networks;

2017/03/02
Committee: ITRE

2016/2305(INI)

Michał BONI, Carlos ZORRINHO

Motion for a resolution
Paragraph 7 a (new)

7 a. Notes that public and private sector investment bring a multiplier effect across the economy and it is likely to create up to 2.3 million jobs directly and indirectly in the 28 member states when 5G will be fully deployed;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Paragraph 8 a (new)

8 a. Considers that facilitating deployments of 5G small cells consistent with the WiFi4EU regulation will contribute to reduce the digital and technological divide and increase 5G service availability to all citizens;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Paragraph 8 b (new)

8 b. Stresses that Europe has to keep pace with technological developments and opportunities, which are provided by more efficient ICT technologies to support the socio-economic development in today's underdeveloped regions;

2017/03/02
Committee: ITRE

2016/2305(INI)

Michał BONI, Carlos ZORRINHO

Motion for a resolution
Paragraph 8 c (new)

8 c. Stresses that in order to benefit from the full service potential of the technological mobile standard 5G, a dense fibre network is the indispensable backhaul infrastructure;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Paragraph 9

9. Welcomes the WiFi4EU initiative to promote free internet in local communities by means of an EU-funded scheme; notes that the unserved access needs are still present and access speeds are increasing, and that as usage across multiple wireless devices grows, WLAN will need to match end-to-end connectivity demands; Overcoming this expectation can't be left to the market alone but requires a policy framework with specific priorities to overcome the obstacles;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Paragraph 9

9. Welcomes the WiFi4EU initiative to promote free and universal internet in local communities by means of an EU- funded scheme and implemented by the Member States, promoting inclusiveness, geographic balance and quality of experience for users; notes that access speeds are increasing, and that as usage across multiple wireless devices grows, WLAN will need to match end-to-end connectivity demands;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Paragraph 10 a (new)

10 a. Stresses that 5G deployment requires significant upgrade of fixed and densification of mobile networks in line with Gigabit Society targets, especially in solutions for e-health;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Paragraph 12 a (new)

12 a. Considers that the Union should establish and make available 5G skills development curricula in partnership with the EIT Digital; Emphasis towards Start- ups and SMEs in order for those to utilise the benefits of 5G deployment;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Paragraph 14

14. Calls on the Commission to ensure, maintain and develop financing for the 5G Action Plan and the network modernisation at the appropriate level within the horizon of the next Multiannual Financial Framework 2020-2027;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Paragraph 15 a (new)

15 a. Notes that the development of the Gigabit Society requires pro-competitive and clearer rules to drive investment, innovation and to preserve affordability and end-users' choice;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Paragraph 16 a (new)

16 a. Points out that monitoring user requirements, capabilities of viable technologies, and focusing on the connectivity chain that is likely to have the highest societal return on investment, is needed;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Paragraph 17 a (new)

17 a. Calls on the Member States to consider the 5G Action Plan as a guiding vision for the adoption of the Electronic Communications Code (ECC), in particular as regards cooperation in spectrum management and investment in network infrastructure;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Paragraph 19

19. Calls on the Commission to adopt policies that remove excessive barriers in innovative sectors, to incentivise investments in research and development and European standardization; Notes that each sector should work out its own roadmap for standardisation, relying on industry-led processes, with a strong desire to reach common standards that have the potential to become worldwide standards; Believes that the European standardisation bodies should play a special role in this process;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Paragraph 21

21. Stresses the need to harmonise the European approach for electromagnetic fields (EMFs), in accordance with the International Commission on Non-Ionising Radiation Protection (ICNIRP) guidelines formally recognised by the WHO in order to avoid inconsistency and fragmentation and to ensure consistent wireless networks deployment conditions on the European Digital Single Market;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Paragraph 22 a (new)

22 a. Underlines the need to establish an innovation-friendly environment for digital services, especially in the area of Big Data and IoT, broadening consumer choice whilst increasing trust and promoting the take-up of digital services, through efficient and streamlined rules, focusing on the needs of the users and characteristics of services, irrespectively of the kind of provider.

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Paragraph 27

27. Supports the Commission’s proposed plan to set up spectrum harmonisation and long-term licence durations of at least 25 years, which will increase the stability and certainty of investments; notes that the decisions on these issues should be taken at the same time in all Member States to adopt binding guidance on certain conditions of the assignment process such as the deadlines for spectrum allocation and spectrum sharing;

2017/03/02
Committee: ITRE

2016/2305(INI)

Motion for a resolution
Paragraph 28

28. Calls on the EU to coordinate efforts within the International Telecommunication Union (ITU) with a view to ensuring coherent EU policy; stresses that European spectrum harmonisation needs for 5G beyond 2020 should be finalised before the 2019 World Radiocommunication Conference (WRC- 19) with due protection of existing services relied upon today and in line with decisions taken at WRC-15;

2017/03/02
Committee: ITRE

2016/2305(INI)

Michał BONI, Henna VIRKKUNEN, Esther DE LANGE, Pilar DEL CASTILLO VERA, Krišjānis KARIŅŠ, Eva MAYDELL

Motion for a resolution
Paragraph 28 a (new)

28 a. Stresses that the definition VHC networks laid down in a European Electronic Communications Code should comply with the principle of technological neutrality provided such technologies meet the needs for quality of network services that industrial and consumer applications will require in the future;

2017/03/02
Committee: ITRE

2016/2276(INI)

Henna VIRKKUNEN, Philippe JUVIN, Krišjānis KARIŅŠ, Pilar DEL CASTILLO VERA, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL, Anne SANDER, Lefteris CHRISTOFOROU

Motion for a resolution
Citation 6 a (new)

- having regard to the Commission communication of 10 January 2017 on Building a European Data Economy (COM(2017)0009) and the accompanying Commission staff working document (SWD(2017)0002),

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Motion for a resolution
Recital B a (new)

B a. whereas a data driven economy depends on a wider ICT ecosystem to succeed, including high-educated experts as well as skilled people;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Philippe JUVIN, Krišjānis KARIŅŠ, Pilar DEL CASTILLO VERA, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL, Anne SANDER, Lefteris CHRISTOFOROU

Motion for a resolution
Recital C

C. whereas the evolving development and use of internet platforms for a wide set of activities, including commercial activities and sharing goods and services, have changed the ways in which consumers, companies and other users interact with content and goods providers;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Krišjānis KARIŅŠ, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL, Lefteris CHRISTOFOROU

Motion for a resolution
Recital D

D. whereas the e-Commerce Directive exempts intermediaries from liability for content only if they play ~~a neutral~~, merely technical, automatic and passive role in relation to the hosted content;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Michał BONI, Henna VIRKKUNEN, Esther DE LANGE, Krišjānis KARIŅŠ, Eva MAYDELL

Motion for a resolution
Recital F a (new)

F a. whereas a high and consistent level of consumer protection and satisfaction across all digital services necessarily entails choice, flexibility, information and trust in a secure online environment with high-level of data protection;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Krišjānis KARIŅŠ, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL, Lefteris CHRISTOFOROU

Motion for a resolution
Paragraph 3

3. Acknowledges that online platforms benefit today’s digital economy and society by increasing the choices available to consumers and creating and shaping new markets; points out, however, that online platforms present possible new policy and regulatory challenges;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Michał BONI, Henna VIRKKUNEN, Esther DE LANGE, Pilar DEL CASTILLO VERA, Eva MAYDELL

Motion for a resolution
Paragraph 3 a (new)

3 a. Believes that better regulation in the digital age requires principle-based legislation coupled with complementary non-regulatory actions to effectively adapt to new technologies and new business models to prevent fragmentation of the single market;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Pilar DEL CASTILLO VERA, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL, Lefteris CHRISTOFOROU

Motion for a resolution
Paragraph 4

4. Recalls that, although many pieces of EU legislation, inter alia competition, data protection and consumer protection rules, apply to online platforms, it is frequently the case that they are not enforced properly or have not been adapted to the online world;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Michał BONI, Henna VIRKKUNEN, Esther DE LANGE, Pilar DEL CASTILLO VERA, Krišjānis KARIŅŠ, Eva MAYDELL

Motion for a resolution
Paragraph 4 a (new)

4 a. Considers that EU legislation should be guided by the concept of "as little as possible and as much as necessary", which means necessity of rules fitting for digital age and open and technologically neutral enough to accommodate future developments;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL

Motion for a resolution
Paragraph 5

5. Notes that there is currently no consensus on ~~the~~a legally relevant definition of online platforms due to the multitude of different types of platforms, which may lead to fragmentation of the EU’s internal market, if the Member States begin to make their own definitions and legislations for online platforms;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Michał BONI, Henna VIRKKUNEN, Esther DE LANGE, Krišjānis KARIŅŠ, Eva MAYDELL

Motion for a resolution
Paragraph 6 a (new)

6 a. Appreciates the Commission's initiative to analyse the role of platforms in the Digital Economy, ensuring a comprehensive and similar approach to framework across the digital market; considers that "a one size fits all" solution may have a chilling effect on innovation and put European companies at a competitive disadvantage in the global economy;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL

Motion for a resolution
Paragraph 7 a (new)

7 a. Notes that online platforms can take many forms and many different approaches can be taken to identify one; notes that a platform can be identified as a business model characterized by two or more groups of customers that rely on a catalyst to facilitate a value adding interaction, in a different setting an online platform can be seen to have infrastructural elements and comprise of networks, databases and even hardware, an online platform can also be identified through the service it provides or through the group it coordinates; notes, furthermore, that a platform can be also an ecosystem of companies working to produce interconnected or independent goods and services for one another or to third parties;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL, Lefteris CHRISTOFOROU

Motion for a resolution
Paragraph 8 a (new)

8 a. Believes that an online platform is a highly contextual concept and rather than considering online platforms through an all-encompassing definition, it is more consistent within the framework of European law to consider online platforms as a collection of different legally adequate elements, which can be used to determine which legal rule shall apply;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Philippe JUVIN, Krišjānis KARIŅŠ, Pilar DEL CASTILLO VERA, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL, Anne SANDER, Lefteris CHRISTOFOROU

Motion for a resolution
Paragraph 9

9. Notes that online platforms use the internet as a means of interaction and act as facilitators between the demand and supply sides providing therefore benefits to a wide range of economic operators, including SMEs, and consumers;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Philippe JUVIN, Krišjānis KARIŅŠ, Pilar DEL CASTILLO VERA, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL, Anne SANDER, Lefteris CHRISTOFOROU

Motion for a resolution
Paragraph 11

11. Underlines that the increasingly widespread use of smart devices, including smartphones and tablets has further extended access to online platforms, thereby enhancing their role in the economy and society, particularly among young people, but more and more among all age groups;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Philippe JUVIN, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL, Anne SANDER, Lefteris CHRISTOFOROU

Motion for a resolution
Paragraph 11 a (new)

11 a. Notes the growing role of online platforms in sharing and providing access to news and other information valuable for citizens as well as for the functioning of democracy;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Philippe JUVIN, Krišjānis KARIŅŠ, Pilar DEL CASTILLO VERA, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL, Anne SANDER, Lefteris CHRISTOFOROU

Motion for a resolution
Paragraph 14

14. Recognises the benefits that online platforms offer for SMEs; notes that online platforms are often the easiest and most suitable first step for small businesses who want to go online and benefit from online distribution channels; notes that online platforms allow SMEs to access global markets without excessive investments in costly digital infrastructure;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Michał BONI, Henna VIRKKUNEN, Esther DE LANGE, Pilar DEL CASTILLO VERA, Krišjānis KARIŅŠ, Eva MAYDELL

Motion for a resolution
Paragraph 14

14. Recognises the benefits that online platforms offer for SMEs and start-ups; notes that online platforms allow ~~SMEs~~both to access global markets without excessive investments in costly digital infrastructure;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Krišjānis KARIŅŠ, Pilar DEL CASTILLO VERA, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL, Lefteris CHRISTOFOROU

Motion for a resolution
Paragraph 15

15. Urges the Commission to prioritise actions that allow European start-ups and new European online platforms to emerge and to scale up; stresses that facilitating investments in start-ups is vital to the development of online platforms in Europe; emphasizes that an open environment characterized by fair competition is crucial in this regard;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Philippe JUVIN, Krišjānis KARIŅŠ, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL, Anne SANDER, Lefteris CHRISTOFOROU

Motion for a resolution
Paragraph 16

16. Notes that some online platforms realise the collaborative economy and contribute to the growth of collaborative economy in Europe; welcomes the Commission communication on the collaborative economy, which supports the development of new business models; stresses that these new business models offer new services and greater choice for consumers as well as provide flexibility for employees;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Michał BONI, Henna VIRKKUNEN, Esther DE LANGE, Pilar DEL CASTILLO VERA, Eva MAYDELL

Motion for a resolution
Paragraph 16 a (new)

16 a. Notes that online health platforms can support innovative activities by creating and transferring relevant knowledge from engaged healthcare consumers towards innovating healthcare environment; stresses that a new innovation platforms will co-design and co-create the next generation of innovative healthcare products so that they precisely match current unmet needs;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Eva MAYDELL, Michał BONI

Motion for a resolution
Paragraph 17 a (new)

17 a. Highlights that, in line with the European Parliament's Resolution, Towards a Digital Single Market Act, the limited liability of intermediaries is essential to the protection of the openness of the internet, fundamental rights, legal certainty and innovation and that the provisions on intermediary liability in the e-Commerce Directive are future-proof and technologically neutral;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Pilar DEL CASTILLO VERA, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL, Lefteris CHRISTOFOROU

Motion for a resolution
Paragraph 19

19. Notes that ~~certain~~some stakeholders are dissatisfied with the implementation and enforcement of the current rules on liability and welcomes the Commission’s undertaking to publish guidelines on intermediary liability; calls on the Commission to draw attention to the regulatory differences between the online and offline world and to create a level playing field for comparable services online and offline;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Philippe JUVIN, Pilar DEL CASTILLO VERA, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL, Anne SANDER, Lefteris CHRISTOFOROU

Motion for a resolution
Paragraph 21

21. Considers that the liability rules for online platforms should allow the tackling of issues related to illegal goods and illegal and harmful content in an efficient manner, for instance by respecting the duty of care, while maintaining a balanced and business- friendly approach;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL, Lefteris CHRISTOFOROU

Motion for a resolution
Paragraph 22

22. Stresses the need for online platforms to prevent illegal goods and illegal and inappropriate content and unfair practices through regulatory, effective self- regulatory or hybrid measures; stresses the importance of online platforms playing a proactive role in tackling illegal goods and illegal and inappropriate content and taking immediate action to remove illegal or inappropriate content if such content slips through preventive monitoring; notes that online platforms are not always able to assess and establish the illegality of content and any measure imposed as voluntarily or otherwise must take into account possible consequences of censorship and effects on freedom of speech and the openness of the internet;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Eva MAYDELL, Michał BONI

Motion for a resolution
Paragraph 23

23. Considers that online platforms should develop more effective voluntary measures and technical means of identifying and eliminating harmful content; recalls, in this regard, self- regulatory initiatives endorsed by the Commission, in particular, the Code of Conduct on countering illegal hate speech online and the industry-led hash-tagging initiative on terrorist content; points out that this approach is reasonable, appropriate and balanced;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Philippe JUVIN, Pilar DEL CASTILLO VERA, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL, Anne SANDER, Lefteris CHRISTOFOROU

Motion for a resolution
Paragraph 23

23. Considers that online platforms should develop and adopt more effective voluntary measures and technical means of identifying and eliminating ~~harmful~~illegal content; welcomes the industry Code of Conduct on countering illegal hate speech, supported by the Commissiont;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Philippe JUVIN, Pilar DEL CASTILLO VERA, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL, Anne SANDER, Lefteris CHRISTOFOROU

Motion for a resolution
Paragraph 24

24. Urges the Commission to ensure a level playing field for online platforms service providers and other services with which they compete; stresses that regulatory certainty is essential to creating a thriving digital economy; notes that competitive pressures vary between different sectors and therefore ‘one-size- fits-all’ solutions are rarely appropriate and tailor-made solutions are necessary to take into consideration due to the various characteristics of different kinds of online platforms;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Philippe JUVIN, Pilar DEL CASTILLO VERA, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL, Anne SANDER, Lefteris CHRISTOFOROU

Motion for a resolution
Paragraph 26

26. Underlines that possible reforms of the existing regulatory framework should concentrate on the harmonisation of rules and reducing regulatory fragmentation; emphasises the need to avoid over- regulation and to continue the REFIT process and the implementation of the better regulation principle; stresses the importance of technology neutrality and having the same rules apply online and offline; stresses that the regulatory certainty fosters competition, investments and innovations;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Philippe JUVIN, Krišjānis KARIŅŠ, Pilar DEL CASTILLO VERA, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL, Anne SANDER, Lefteris CHRISTOFOROU

Motion for a resolution
Paragraph 27

27. Underlines the importance of investments in infrastructure; stresses that a level playing field and fair competition ensure investments in quality, high-speed broadband services; stresses that reliable high-speed networks are the precondition of offering and using online platform services; stresses the need for net neutrality and fair and non-discriminatory access to online platforms;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Krišjānis KARIŅŠ, Pilar DEL CASTILLO VERA, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL, Lefteris CHRISTOFOROU

Motion for a resolution
Paragraph 30

30. Underlines that the cross-border nature of online platforms represents a huge advantage in developing the Digital Single Market, but also requires better cooperation between national public authorities; asks the Commission to make better use of existing consumer protection services and mechanisms, which could provide identical and efficient consumer protection in relation to online platforms activities;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Michał BONI, Henna VIRKKUNEN, Esther DE LANGE, Pilar DEL CASTILLO VERA, Krišjānis KARIŅŠ, Eva MAYDELL

Motion for a resolution
Paragraph 37 a (new)

37 a. Considers that users' trust in digital services is vital to innovation and growth in the digital economy and that reinforcing that trust, i.e. through data protection and security standards, should be at the basis of both public policy and business models;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Krišjānis KARIŅŠ, Pilar DEL CASTILLO VERA, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL, Lefteris CHRISTOFOROU

Motion for a resolution
Paragraph 38

38. Stresses that a fair and innovation- friendly environment as well as investments in research and development are vital for generating new ideas and innovations; underlines the importance of open data and free flow of data for the development of new online platforms; notes that open, advanced and shared test networks can be an asset for Europe;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Michał BONI, Henna VIRKKUNEN, Esther DE LANGE, Pilar DEL CASTILLO VERA, Eva MAYDELL

Motion for a resolution
Paragraph 38 a (new)

38 a. Considers that the development and improvement of digital skills should take place through major investment in education with a double objective: to form a highly skilled workforce able to retain and create technological jobs and to terminate the digital illiteracy, source of digital divide and exclusion;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Krišjānis KARIŅŠ, Pilar DEL CASTILLO VERA, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL, Lefteris CHRISTOFOROU

Motion for a resolution
Paragraph 39

39. Stresses that, in relation to this specific business model, the traditional reasoning inherent in EU competition law may no longer be fit for purpose and proportionate more flexible and timely solutions for digital markets should be envisaged to complement competition law; stresses the importance of effective enforcement of the existing competition law;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Pilar DEL CASTILLO VERA, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL, Lefteris CHRISTOFOROU

Motion for a resolution
Paragraph 40

40. Is concerned about problematic B2B practices by some online platforms, such as a lack of transparency (e.g. in search results), ownership of data or pricing policies), possible unfair terms and conditions and possible abuses of the dual role of platforms as intermediaries and competitors;

2017/03/27
Committee: ITRE IMCO

2016/2276(INI)

Henna VIRKKUNEN, Philippe JUVIN, Krišjānis KARIŅŠ, Pilar DEL CASTILLO VERA, Michał BONI, Aldo PATRICIELLO, Eva MAYDELL, Anne SANDER, Lefteris CHRISTOFOROU

Motion for a resolution
Paragraph 44

44. Regrets that the EU’s presence in the world market is ~~barely felt~~regrettably low, in particular due to the current fragmentation of the digital market, legal uncertainty and the lack of financing and capacity to market technological innovations, which make it difficult for European companies to become world leaders in this new economy;

2017/03/27
Committee: ITRE IMCO

2016/2274(INI)

Maria SPYRAKI, Aldo PATRICIELLO, Esther DE LANGE, Francisco de Paula GAMBUS MILLET, Krišjānis KARIŅŠ, Massimiliano SALINI, Anne SANDER, Marian-Jean MARINESCU, Cristian-Silviu BUŞOI, Michał BONI

Draft opinion
Paragraph 1

1. Stresses that voluntary, inclusive and consensus-oriented standardisation processes have been effective and advantageous for European people and businesses;

2017/02/10
Committee: ITRE

2016/2274(INI)

Draft opinion
Paragraph 2 a (new)

2 a. Calls on the Commission to take the lead in promoting intersectoral, cross- lingual standards and supporting privacy- friendly, reliable, secure services;

2017/02/10
Committee: ITRE

2016/2274(INI)

Draft opinion
Paragraph 6 a (new)

6 a. Calls on the Commission to adopt policies that remove excessive barriers in innovative sectors, to incentivise investments in research and development and European standardization; Notes that vertical industries should work out its own Roadmap for standardisation, relying on industry-led processes with a strong will to reach common standards, would have the capacity of becoming worldwide standards; Believes that the European standardisation bodies should play a special role in this process;

2017/02/10
Committee: ITRE

2016/2274(INI)

Maria SPYRAKI, Aldo PATRICIELLO, Esther DE LANGE, Francisco de Paula GAMBUS MILLET, Krišjānis KARIŅŠ, Massimiliano SALINI, Anne SANDER, Marian-Jean MARINESCU, Cristian-Silviu BUŞOI, Michał BONI

Draft opinion
Paragraph 7

7. Underlines the importance of agile and elastic standardisation processes~~, with appropriate involvement of manufacturing industries, SMEs and NGOs~~ to encourage and incentivise a long-term cross-sector innovation and economic industry-wide cooperative framework;

2017/02/10
Committee: ITRE

2016/2274(INI)

Draft opinion
Paragraph 7 a (new)

7 a. Calls for a straightforward and integrated standardisation framework in support of SMEs;

2017/02/10
Committee: ITRE

2016/2274(INI)

Maria SPYRAKI, Aldo PATRICIELLO, Esther DE LANGE, Francisco de Paula GAMBUS MILLET, Massimiliano SALINI, Anne SANDER, Marian-Jean MARINESCU, Cristian-Silviu BUŞOI, Michał BONI

Draft opinion
Paragraph 10 a (new)

10 a. Believes that ICT standards should be internationally recognised; Encourages the Commission to intensify cooperation with third countries, especially on 5G, cloud computing, data, and cybersecurity; calls on the Commission to adopt best standards of other regions;

2017/02/10
Committee: ITRE

2016/2274(INI)

Draft opinion
Paragraph 15 a (new)

15 a. Notes that a data driven economy depends on a wider ICT ecosystem to succeed, including high-educated experts as well as skilled people in order to terminate a digital divide and exclusion;

2017/02/10
Committee: ITRE

2016/2273(INI)

Draft opinion
Paragraph 1

1. Believes that the development of eGovernment is a key element of the Digital Single Market; welcomes the Commission Communication entitled ‘EU eGovernment Action Plan 2016-2020’; supports the underlying principles of the Action Plan, which will make public administrations more ~~inclusive, trustworthy~~effectively tackle digital exclusion and make them more trustworthy, consistent and efficient, providing open and interlinked user- oriented digital services; welcomes the fact that administrative burdens and costs will be reduced by adopting the once- only principle;

2017/01/19
Committee: ITRE

2016/2273(INI)

Draft opinion
Paragraph 2

2. Stresses that adequate, reliable and high-performance infrastructure, such as ultrafast broadband and telecommunications networks, are essential for the functioning of eGovernment services; notes that the continuous adoption of innovative technologies, such as big data and the internet of things, 5G mobile networks or the uptake of mobile services for eGovernment will be essential for keeping up with technological development;

2017/01/19
Committee: ITRE

2016/2273(INI)

Draft opinion
Paragraph 3

3. Emphasises the importance of developing cross-border public services, ~~such as~~avoiding further fragmentation and supporting mobility within the single market by means of the full deployment of highly secure eID and e-signatures; notes that there is still a lack of interoperability of different public services between Member States; welcomes in this regard the revision of the European Interoperability Strategy and Framework and the swift implementation of Regulation (EU) No 910/2014 (eIDAS);

2017/01/19
Committee: ITRE

2016/2273(INI)

Draft opinion
Paragraph 3 a (new)

3a. Stresses the need for transparent and secure access to data and for the protection of privacy in relation to administrative procedures carried out by citizens; fulfilment of these conditions will increase trust in, and use of, digital services;

2017/01/19
Committee: ITRE

2016/2273(INI)

Draft opinion
Paragraph 3 b (new)

3b. Welcomes the ISA2 programme, which covers all EU policies requiring interoperability of systems functioning at EU and national level and will therefore make it possible to provide pan-European e-services for citizens, companies and national administrations;

2017/01/19
Committee: ITRE

2016/2273(INI)

Draft opinion
Paragraph 4

4. Considers the re-use of the Connecting Europe Facility (CEF) technical building blocks across the public and private sector to be vital for the functioning of the Digital Service Infrastructure; underlines the need to guarantee the long-term sustainability of CEF technical building blocks as well as the results from ‘Large-Scale Pilot’ projects and ISA2 beyond 2020; calls therefore on the Commission together with the Member States to develop a long-term governance structure with a view to attaining the goals of the Single Digital Market;

2017/01/19
Committee: ITRE

2016/2273(INI)

Draft opinion
Paragraph 5

5. Recalls that public administrations should have open data by default especially when the volume of data generated is very large, such as in the case of the INSPIRE programme; stresses the importance of ~~making data and services securely available~~the secure availability and storage of data and services for re-use through third parties; highlights the vital role that public-private partnerships and the private sector can play in developing new and innovative services and solutions;

2017/01/19
Committee: ITRE

2016/2273(INI)

Draft opinion
Paragraph 5 a (new)

5a. Stresses that the openness of public data and the opportunity for such data to be freely used is the basis of modern eGovernment and contributes to the development and strengthening of an open society;

2017/01/19
Committee: ITRE

2016/2273(INI)

Draft opinion
Paragraph 6

6. Believes the Commission can play a leading role in creating a more open and inclusive eGovernment approach; therefore calls for the Commission to accelerate its efforts in ~~leading by exampl~~highlighting best practice, and for other European institutions to follow swiftly; believes that adoption by the Commission of the provisions of the CEF building blocks can facilitate trust and a cultural shift towards the uptake of digital public services.

2017/01/19
Committee: ITRE

2016/2273(INI)

Draft opinion
Paragraph 6 a (new)

6a. Considers that a key element of the development of eGovernment is continual growth in the development of digital skills, which multiplies demand for various types of digital services;

2017/01/19
Committee: ITRE

2016/2225(INI)

Axel VOSS, Michał BONI, Jeroen LENAERS

Motion for a resolution
Citation 3 a (new)

- having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ' A Digital Single Market Strategy for Europe' of 6 May 2015 COM(2015)192 final;

2016/12/19
Committee: LIBE

2016/2225(INI)

Axel VOSS, Michał BONI, Jeroen LENAERS

Motion for a resolution
Citation 6 a (new)

- having regard to Opinion 8/2016 of the European Data Protection Supervisor of 23 September 2016 entitled ' EDPS Opinion on coherent enforcement of fundamental rights in the age of big data',

2016/12/19
Committee: LIBE

2016/2225(INI)

Axel VOSS, Michał BONI, Brice HORTEFEUX, Jeroen LENAERS

Motion for a resolution
Recital A

A. whereas big data refers to the ~~recurring accumulation~~collection and analysis of large amounts of data~~, including personal data,~~ and flows of information from a variety of sources, which are subject to automatic processing by ~~computer~~ algorithms and advanced data-processing techniques in order to generate certain correlations, conclusions, trends and patterns (big data analytics);

2016/12/19
Committee: LIBE

2016/2225(INI)

Motion for a resolution
Recital C

C. whereas ~~corporation~~business, governments, academia and scientific community and organisations have ~~taken advantage~~benefited of such data sets and big data analytics to foster competitiveness, innovation, market prediction, targeted advertising, scientific research and policy making in the field of transportation, ‘smart cities’, financial services, law enforcement, transparency, public health and disaster response;

2016/12/19
Committee: LIBE

2016/2225(INI)

Axel VOSS, Michał BONI, Brice HORTEFEUX, Jeroen LENAERS, Monika HOHLMEIER

Motion for a resolution
Recital D

D. whereas big data has the potential to bring ~~undeniable~~ benefits and opportunities for citizens, businesses and governments~~, but also entails significant risks, namely with regard to the protection of fundamental rights as guaranteed by the EU Charter and Union law~~ as well as risks to data security and privacy;

2016/12/19
Committee: LIBE

2016/2225(INI)

Motion for a resolution
Recital D

D. whereas big data has the potential to bring undeniable benefits and opportunities for citizens, academia and scientific community, businesses and governments, but also entails significant risks, namely with regard to the protection of fundamental rights as guaranteed by the EU Charter and Union law;

2016/12/19
Committee: LIBE

2016/2225(INI)

Axel VOSS, Michał BONI, Brice HORTEFEUX, Jeroen LENAERS, Monika HOHLMEIER

Motion for a resolution
Recital D a (new)

D a. whereas the Commission's Digital Single Market Strategy for Europe recognise the potential of data-driven technologies, services and big data as catalyst for economic growth, innovation and digitalisation in the EU;

2016/12/19
Committee: LIBE

2016/2225(INI)

Axel VOSS, Michał BONI, Brice HORTEFEUX, Jeroen LENAERS, Monika HOHLMEIER

Motion for a resolution
Recital D b (new)

D b. whereas the big data sector is growing by 40% per year, seven times faster than the IT market;

2016/12/19
Committee: LIBE

2016/2225(INI)

Axel VOSS, Michał BONI, Brice HORTEFEUX, Jeroen LENAERS, Monika HOHLMEIER

Motion for a resolution
Recital D c (new)

D c. whereas big data has a huge unrealised potential as a driver of productivity and as a way of offering better products and services to citizens;

2016/12/19
Committee: LIBE

2016/2225(INI)

Axel VOSS, Michał BONI, Brice HORTEFEUX, Jeroen LENAERS, Monika HOHLMEIER

Motion for a resolution
Recital D d (new)

D d. whereas big data can increase the operational efficiency and targeting of service delivery in the public sector;

2016/12/19
Committee: LIBE

2016/2225(INI)

Motion for a resolution
Recital E

E. whereas the pervasiveness of sensors, extensive routine data production and contemporary data-processing activities are ~~characterised by a high degree of opacity~~not always transparent enough;

2016/12/19
Committee: LIBE

2016/2225(INI)

Motion for a resolution
Recital F

F. whereas ~~biased algorithms and other analytical tools, low quality of data~~a low quality of these processes could lead to biased algorithms, spurious correlations, errors, the underestimation of legal, social and ethical implications and the marginalisation of the role of humans in these processes can trigger flawed decision-making procedures;

2016/12/19
Committee: LIBE

2016/2225(INI)

Axel VOSS, Michał BONI, Jeroen LENAERS, Monika HOHLMEIER

Motion for a resolution
Recital G

G. whereas the proliferation of data processing and analytics, the multitude of actors involved in collecting, retaining, processing and sharing data and the combination of large data sets containing personal data from a variety of sources, retained for unlimited amounts of time, have all created great uncertainty for both citizens and businesses over the specific requirements for compliance with general data-protection principles but entail significant chances for citizens, mankind, business and economy;

2016/12/19
Committee: LIBE

2016/2225(INI)

Motion for a resolution
Paragraph 1

1. Emphasises that ~~information revealed by big data analysis is only as reliable as the underlying data permits, and that~~compliance with the current data protection legislation, together with strong scientific and ethical standards ~~are therefore needed for judging~~will ensure that the results of ~~such~~big data analysis and its predictive algorithms contribute to establish trust and reliability of these solutions;

2016/12/19
Committee: LIBE

2016/2225(INI)

Motion for a resolution
Paragraph 2

2. Stresses that the prospects and opportunities of big data ~~can only~~to be fully enjoyed by citizens, ~~corporations~~business, academia and scientific community, governments and institutions ~~when~~require public trust in these technologies is ensured by strong enforcement of fundamental rights and legal certainty for all actors involved;

2016/12/19
Committee: LIBE

2016/2225(INI)

Axel VOSS, Michał BONI, Jeroen LENAERS, Monika HOHLMEIER

Motion for a resolution
Paragraph 2 a (new)

2 a. Underlines that big data analytics create added value in several ways and that there are a number of positive examples: Big data analytics in weather research help to analyse and fight climate change. In healthcare big data tools help predicting virus epidemics and the outbreak of diseases as Malaria or Cholera. Healthcare interventions and medication therapy for cancer patients can be more tailored to individual patient's circumstances using big data. Big data helps to make cities smarter by reducing street lightening energy consumption, optimizing the timing of traffic signals and so reducing tones of CO2 emissions and it is an useful tool for traffic management and air quality management as well. Big data analytics help companies to uncover the potential for slavery in their supply chains and to mitigate it. Big data also helps to predict hunger crises and riots in areas of conflict. Sophisticated big data analytics predict when the maintenance of aircraft turbines is necessary. This reduce the maintenance operation and disruption for airlines, it improves the efficiencies and makes aircrafts safer. Big data makes wind power smarter through analytics and big data tools help to increase power generation and to reduce maintenance costs. Big data helps to improve working conditions and to reduce burn-out rates of employees;

2016/12/19
Committee: LIBE

2016/2225(INI)

Motion for a resolution
Paragraph 3

3. Points out that Union law for the protection of privacy and personal data, as well as the rights to equality and non- discrimination, are applicable to data processing even when that processing is preceded by pseudonymisation ~~and anonymisation~~ techniques, insofar as there are risks of re- identification~~, or, in any case, when use of non-personal data might impact on individuals’ private lives or other rights and freedoms~~;

2016/12/19
Committee: LIBE

2016/2225(INI)

Axel VOSS, Michał BONI, Brice HORTEFEUX, Jeroen LENAERS, Monika HOHLMEIER

Motion for a resolution
Paragraph 3 a (new)

3 a. Underlines that the Digital Single Market must be built on reliable, trustworthy and high-speed networks and services that safeguard data subject's fundamental rights to data protection and privacy while also encouraging innovation and big data analytics in order to create the right conditions and a level playing field to boost European (digital) economy;

2016/12/19
Committee: LIBE

2016/2225(INI)

Motion for a resolution
Paragraph 4

4. Takes the view that transparency, fairness, accountability and control over personal data are core values through which specific rights and obligations are derived, and which should guide the action of ~~corporation~~business, public authorities and other actors that use data to frame their decision- making procedures; emphasises the need for much greater transparency with regard to data processing and analytics by businesses and compliance with the current data protection legislation;

2016/12/19
Committee: LIBE

2016/2225(INI)

Motion for a resolution
Paragraph 5

5. Highlights the fundamental role that the Commission, the European Data Protection Board, national data protection authorities and other independent supervisory authorities should play in the coming years and decades to promote legal certainty concerning concrete standards protecting fundamental rights and guarantees associated with the use of data processing and analytics;

2016/12/19
Committee: LIBE

2016/2225(INI)

Motion for a resolution
Paragraph 6

6. ~~Takes the view~~Recalls that anonymisation techniques should comprise technical measures and contractual obligations which ensure non-re-identification; calls on corporations to regularly review such risks in light of new technologies and to document the appropriateness of measures adopted, allowing independent supervisory authorities to monitor practices and provide recommendationsis an irreversible process and cannot lead to re- identification; calls on the Commission and independent supervisory authorities to prepare guidelines on how to properly anonymise data;

2016/12/19
Committee: LIBE

2016/2225(INI)

Axel VOSS, Michał BONI, Jeroen LENAERS, Monika HOHLMEIER

Motion for a resolution
Paragraph 6 a (new)

6 a. Highlights the advantages of pseudonymisation provided for by the GDPR as an appropriate safeguard in order to guarantee a high level of protection of personal data. Points out that pseudonymisation and encryption techniques can play an important role to foster innovation and economic growth by enabling the further processing of personal data for big data analytics, while at the same time ensuring a strong protection of the data subject's privacy. Calls therefore upon the Commission – in its upcoming review of the e-Privacy Directive (2002/58/EC) - to also recognize pseudonymisation as an appropriate safeguard that can reduce risks of the data subjects concerned;

2016/12/19
Committee: LIBE

2016/2225(INI)

Motion for a resolution
Paragraph 7

7. Urges ~~corporation~~business and other data controllers to make use of instruments provided for by the GDPR, such as codes of conduct and certification schemes, to seek greater certainty over their specific obligations under Union law and to bring their practices and activities into compliance with the appropriate Union leg~~al standards and safeguards~~islation;

2016/12/19
Committee: LIBE

2016/2225(INI)

Motion for a resolution
Paragraph 8

8. Acknowledges that data loss and theft, infection by malware, unauthorised access to data and unlawful surveillance are some of the most pressing risks associated with contemporary data processing activities, such as big data techniques; believes that tackling such threats requires genuine and concerted cooperation between the private sector, governments, law enforcement authorities and independent supervisory authorities; recognizes the added value of the technological development that will improve security;

2016/12/19
Committee: LIBE

2016/2225(INI)

Motion for a resolution
Paragraph 9 a (new)

9 a. Big data for scientific purposes Stresses that big data analytics can be beneficial for the scientific development and research; believes that development and use of big data analytics for scientific purposes has to be with due regard for the fundamental rights enshrined in the Charter of Fundamental Rights and in compliance with the current Union data protection legislation;

2016/12/19
Committee: LIBE

2016/2225(INI)

Motion for a resolution
Paragraph 11

11. Stresses~~, in particular,~~ the importance of compliance with the Data Protection Directive1a, in particular regarding carrying out prior impact assessments that take account of ethical concerns in order to assess the inclusiveness, accuracy and quality of the data, and to ensure that individuals targeted by the decisions and/or actors involved in the decision-making processes are able to challenge the analysis, patterns and correlations and to prevent any harmful effects on certain groups of individuals; _________________ 1a 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

2016/12/19
Committee: LIBE

2016/2225(INI)

Motion for a resolution
Paragraph 12

12. Underlines the absolute need to protect law enforcement databases from data loss and theft, infection by malware and unauthorised access to data by non- authorised persons; believes that tackling such concerns requires genuine, concerted cooperation between law enforcement authorities and independent supervisory authorities, in compliance with the current legislation;

2016/12/19
Committee: LIBE

2016/2225(INI)

Axel VOSS, Michał BONI, Brice HORTEFEUX, Jeroen LENAERS

Motion for a resolution
Paragraph 12

12. ~~Underlines the absolute need to protect law enforcement databases from data loss and theft, infection by malware and unauthorised access to data by non- authorised persons;~~Acknowledges that data security breaches, unauthorised access to data and unlawful surveillance are concerning citizens, therefore believes that tackling such ~~concern~~risks requires ~~genuine, concerted~~ cooperation between the private sector, governments, law enforcement authorities and independent data protection supervisory authorities;

2016/12/19
Committee: LIBE

2016/2225(INI)

Motion for a resolution
Paragraph 13

13. Warns that, owing to the i~~ntrusiveness~~mpact of decisions and measures taken by law enforcement authorities in citizens’ lives and rights, maximum caution is necessary to avoid unlawful discrimination and ~~the~~ targeting of certain population groups, especially marginalised groups and ethnic and racial minorities;

2016/12/19
Committee: LIBE

2016/2225(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 14

14. Calls on the Member States’ law enforcement authorities that make use of data analytics to uphold the highest legal standards ~~of ethics~~ in the analysis of data and to ensure human intervention and accountability throughout the different stages of decision-making, not only to assess the representativeness, accuracy and quality of the data, but also to assess the appropriateness of each decision to be taken on the basis of that information;

2016/12/19
Committee: LIBE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Citation 9

~~— having regard to the Presidency conclusions of the Lisbon European Council of 23/24 March 2000,~~deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Citation 9 a (new)

- having regard to the European Parliament resolution of 5 May 2010 on a new Digital Agenda for Europe: 2015.eu,

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Citation 16 a (new)

- having regard to the Opinion of the European Economic and Social Committee on the European Cloud initiative 2016 TEN/592,

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Citation 16 b (new)

- having regard to the OPINION of the Committee of the Regions on the European Cloud Initiative and ICT Standardisation Priorities for the Digital Single Market 2016 SEDEC-VI-012,

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Citation 17

~~— having regard to Articles 173, 179 and 180 of the Treaty on the Functioning of the European Union (TFEU),~~deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Citation 17 a (new)

- having regard the Commission communication of A NEW SKILLS AGENDA FOR EUROPE, Working together to strengthen human capital, employability and competitiveness COM(2016) 381,

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Citation 17 b (new)

- having regard to REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation),

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN

Motion for a resolution
Citation 17 c (new)

- having regard to the publication Open Innovation, Open Science, Open to the World - a vision for Europe produced by the European Commission's Directorate-General for Research & Innovation (RTD) published in May 2016,

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Citation 17 d (new)

- having regard to 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,

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Citation 17 e (new)

- having regard to Directive of the European Parliament and of the Council establishing the European Electronic Communications Code, COM(2016) 590 final,

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Citation 17 f (new)

- having regard the Commission communication of Online Platforms and the Digital Single Market Opportunities and Challenges for Europe, COM(2016) 288/2,

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Citation 17 g (new)

- having regard the Commission communication of Towards a modern, more European copyright framework COM(2015) 626 final,

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Citation 17 h (new)

- having regard the Commission communication of ICT Standardisation Priorities for the Digital Single Market COM(2016) 176,

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Recital A

A. whereas the Commission's objectives are aligned with those of the US intelligence services7 , which advocate maximum openness for world scientific data in order to maintain their leadership; __________________ 7 Report of the National Commission for the review of the research and development programs of the United States Intelligence Community – FAS 2013 – DO – FASIC2013.deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Recital A a (new)

Aa. whereas the current cloud capacity available in the EU is insufficient and data produced by EU research and industry is therefore often processed elsewhere, making EU researchers and innovators move to places outside the EU, where high data and computing capacity is more immediately available;

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Recital A b (new)

Ab. whereas the lack of a clear structure of incentives to share data, the lack of interoperability of scientific data systems and the fragmentation of scientific data infrastructures across disciplines and borders hamper the full potential of data-driven science';

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Recital A c (new)

Ac. whereas the EU is lagging behind on the development of HPC due to its under-investment in establishing a complete HPC system, when countries like the US, China, Japan and Russia are seriously investing in such systems, making them a strategic priority with national programmes to develop them;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Recital A d (new)

Ad. whereas the full potential of cloud computing for Europe can only be realised when data can flow freely across the Union with clear rules and international data flows play an increasingly important role in the European and global economy;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Recital B

~~B. whereas the bulk of the work produced and published in Europe by scientists exceeds the capacity of peer validation, which prevents an assessment of its strategic importance;~~deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Recital B a (new)

Ba. whereas the Commission Communication entitled 'European Cloud Initiative – Building a competitive data and knowledge economy in Europe' recognise the transformative potential of open science and cloud computing as part of Europe's digital economy;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Recital C

~~C. whereas the registration systems for authors and scientific publications (the ORCID8 and DOI9 systems) are subject to the jurisdiction of the State of Delaware; __________________ 8 9~~deleted Open Researcher and Contributor ID. Digital Object Identifier.

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Recital C a (new)

Ca. whereas the General Data Protection Regulation, NIS Directive, and Digital Single Market Strategy can provide the basis for a competitive and thriving European digital economy open to all market players who abide by the rules;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Recital D

D. whereas the GEANT network already connects national research networks, but with a cloud service which includes Amazon Web Service10 ; __________________ 10https://ec.europa.eu/digital-single- market/en/news/geant-and-amazon-web- services-are-breaking-down-barriers- cloud-services-adoptiondeleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Recital D a (new)

Da. whereas data are the raw material of the digital economy and whereas the use of data is essential for the digitization of European science and industry and the development of new technologies and the creation of new jobs;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Recital E

~~E. whereas the other powers have a digital strategy of limited access to their data; and China requires every cloud operator to have a minimum of 50% of Chinese capital;~~deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Recital E a (new)

Ea. whereas the recently adopted General Data Protection Regulation provides strong safeguards for personal data protection and harmonised approach to its implementation should be ensured;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Ashley FOX, Dan NICA

Motion for a resolution
Recital F

~~F. whereas High Performance Computing (HPC) is a niche market worth about $ 15 billion a year, compared to $ 350 billion for semiconductors and over $ 400 billion for software;~~deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Recital F a (new)

Fa. whereas the European Commission's 2015 Digital Single Market Strategy promised to tackle restrictions on the free movement of data and unjustified restrictions on the location of data for storage or processing;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Ashley FOX, Dan NICA

Motion for a resolution
Recital G

G. whereas the Commission failed to consult the only European producer of microprocessors, the fifth largest worldwide, or Europe's largest cloud computing company, although it did consult their non-European rivals;deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Recital G a (new)

Ga. whereas it is necessary for the Commission to bring forward firm proposals to remove restrictions on the free movement of data to create and deliver the best possible Digital Single Market;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Recital H

H. whereas the free Linux software would not only produce tens of billions of euros in savings, but also allow the European digital sector to play a leading role, but this is not a priority for the Commission;deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Recital H a (new)

Ha. whereas the deployment and development of cloud services are confronted with challenges given the insufficient availability of necessary high speed infrastructure and networks in Europe;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Recital I

I. whereas the Commission calls any company with a European subsidiary a 'European company'; and that erroneous designation means that it supports foreign companies engaged in lobbying while neglecting European companies;deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Recital I a (new)

Ia. whereas the aim to facilitate and support the implementation and long-term sustainability of the research and data infrastructures, including world- class High Performance Computing Centers and other research infrastructure networks, will help respond to grand challenges in science, industry and society due to intensified cooperation and exchange of results;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Recital I b (new)

Ib. whereas the volume of data is growing at unprecedented pace, there will be 16 trillion gigabyte of data by 2020, corresponding to an annual growth rate of 236% in data generation;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Recital I c (new)

Ic. whereas a data driven economy depends on a wider ICT ecosystem to succeed, including IoT for sourcing, high speed broadband networks for transporting and cloud computing for processing data as well as skilled scientists and employees;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Paragraph 1

~~1. Rejects the Commission communication entitled ‘European Cloud Initiative – Building a competitive data and knowledge economy in Europe’,~~deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 1 a (new)

1a. Welcomes the European Open Science Cloud as a model for the use of a cloud in the private and public sectors; welcomes the Commission's plan to extend the user base over time to the industry and to governments as fast as possible;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Paragraph 2

~~2. Invalidates and wishes to review its previous resolutions based on a biased analysis of open mass data, motivated by the interests of non-European powers;~~deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 2 a (new)

2a. Believes that the European Cloud Initiative ensures investments into the science and research sectors in order to create the incentives and tools to share and use data as widely as possible, underpinned by building a strong cloud and data infrastructure in Europe;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Paragraph 3

3. Believes that a digital company may be considered European only if its registered office and its main decision- taking centres, R & D centres and manufacturing sites are on European territory and if it is controlled by European capital and subject to the consolidated tax on European territory;deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 3 a (new)

3a. Highlights that SMEs are at the heart of the EU's economy and that more actions are needed to promote global competitiveness of SMEs and Start-ups to set the best possible environment with high quality data, data analytics, secure services and expected cost efficiency for the uptake of new promising technological developments;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Paragraph 4

~~4. Asks the Commission and the Council to reorient EU policies to concentrate support on European digital companies with high added value;~~deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 4 a (new)

4a. Notes that the uptake of cloud services among European SMEs needs to be further encouraged; notes that European Cloud providers need further coordinated support addressing the participation in Digital World, widening trust on user side and raising awareness on the benefits of cloud adoption;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 4 b (new)

4b. Notes that digital education actions across generations, including cyber skills are critical for cloud development to identify and act on top technical and effectiveness skills gaps to achieve digital goals; welcomes the Commission's proposals within the framework of its recently adopted New Skills Agenda for Europe and underlines the need for proper financial resources;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 4 c (new)

4c. Believes that Cloud start-ups are emerging with niche solutions to make cloud computing faster, easier, more reliable, flexible and secure;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 4 d (new)

4d. Stresses that High Performance Computing, which is important for cloud development, should be treated as an integral part of the European Data Infrastructure across the whole ecosystem and the benefits should be promoted widely;

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 4 e (new)

4e. Notes that involvement of Academia, Research and Universities and all stakeholders should be encouraged in order to maintain and support integrated scientific data infrastructures and High Performance Computing;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 4 f (new)

4f. Notes that with the existing and upcoming offered services from private sector and countries outside the EU, the European Open Science Cloud needs to provide incentives and services to break a long-formed habit and existing research practices;

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 4 g (new)

4g. Calls on the Commission and Member States to ensure that there is a focus on future-oriented European growth in order to build a competitive cloud industry in Europe; emphasises the importance of ensuring that the market demand for cloud solutions continues to increase and cloud adoption is encouraged in vertical industries like finance, taxation and social security, manufacturing, banking, health, media and entertainment, agriculture;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 4 h (new)

4h. Believes that the GDPR provides a framework for the protection of personal data, notes however that fragmentation in its implementation across Member States would make it more difficult for researchers to carry out their work and share their findings which will undermined efforts at creating cooperation between researchers enabled by cloud computing; calls for its proper implementation and enforcement;

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 4 i (new)

4i. Stresses that solutions under the European Cloud Initiative should be developed with due regard for the fundamental rights enshrined in the Charter of Fundamental Rights, in particular the rights of data protection, privacy, liberty and security;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 4 j (new)

4j. Notes that the data economy is still in its very early stages, business models are still in development and those that exist are already being disrupted and evolving. Calls on the Commission to ensure that any legislation in this field will be in line with the technology-neutral 'innovation principle' and will not impose serious hurdles to innovation, the digitization of industry, and the development of new technologies such as IoT and AI in Europe.

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 4 k (new)

4k. Calls on the Commission to work with Member States and all stakeholders to participate in identifying the necessary implementing actions in order to maximise the potential offered by the European Cloud Initiative; Believes that Open Innovation and Open Science involve far more actors in the innovation process, from researchers, to entrepreneurs, to users, to governments and civil society;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Subheading 2

OThe open science cloud

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Paragraph 5

5. Recalls that data are the raw material of the digital economy and play a fundamental role in the added value chain; stresses that storing or processing data outside Europe is tantamount to killing off Europe's digital economy; demands that the storage, exploitation and use optimisation of data be carried out by European companies on the territory of the Union;deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 5 a (new)

5a. Stresses that the Open Science Cloud Initiative should lead to a trusted cloud for all: scientists, business and public services;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Paragraph 6

~~6. Proposes that the governance of ORCID and DOI be under European jurisdiction with regard to European scientists and their work;~~deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 6 a (new)

6a. Notes that there is a necessity to foster an open, trusted collaborative platform for the management, analysis, sharing, reuse and preservation of research data on which innovative services can be developed and delivered under the terms and certain conditions;

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 6 b (new)

6b. Calls on the Commission and Member States to explore appropriate governance and funding frameworks, taking sufficient consideration of existing initiatives and their sustainability and of a European-wide level playing field; Stresses that Member States should consider the funding programmes in an integrated way to the Commission approach;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 6 c (new)

6c. Calls on the Commission to analyse the full range of financial sources for establishing European Science Cloud and strengthen existing instruments for faster development, especially focusing on best practices;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Paragraph 7

~~7. Warns against the risk of research being exploited outside the Union, if there is no support for applied research and venture capital;~~deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 7 a (new)

7a. Asks the Commission to ensure that all scientific research and data produced by the Horizon 2020 Programme is open by default, and asks Member States to adapt their national research programmes accordingly;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 7 b (new)

7b. Understand that the European Open Science Cloud will enable digital science by mainstreaming IT as a Service to the public research sector in Europe; Calls for „ a science cloud federal model" that brings together public research organisations, stakeholders, SMEs, Start- ups and e-Infrastructures with commercial suppliers to build a common platform offering a range of services to Europe's research communities;

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 7 c (new)

7c. Calls on the Commission and Member States in cooperation with stakeholders to establish a Roadmap to give clear timescales and a set for implementation of the European Open Science Cloud as fast as possible;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Pilar DEL CASTILLO VERA, Henna VIRKKUNEN, Christian EHLER, Krišjānis KARIŅŠ, Gunnar HÖKMARK, Anne SANDER

Motion for a resolution
Paragraph 7 d (new)

7d. Calls on the Commission to carefully assess the needs of European public researchers in order to identify possible gaps in the supply of cloud infrastructure in Europe; if gaps are identified the Commission should invite European cloud infrastructure providers to share their development roadmaps in order to asses if private investments are sufficient to address such gaps or if further public funding is needed to bridge them;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Pilar DEL CASTILLO VERA, Henna VIRKKUNEN, Christian EHLER, Krišjānis KARIŅŠ, Gunnar HÖKMARK, Anne SANDER

Motion for a resolution
Paragraph 7 e (new)

7e. Ask the Commission to ensure that all scientific research and data produced by the Horizon 2020 Programme should benefit European businesses and the public; advocates a change in the incentive structures for academics, industry and public services to share their data, and improve data management, training, engineering skills and literacy;

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Subheading 3

~~Interoperability~~European Data Infrastructure

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Paragraph 8

8. Stresses that the resilience of an information system depends on the security of national systems and of the interconnections between these systems and that data fragmentation can therefore ensure digital resilience;deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 8 a (new)

8a. Welcomes that the Cloud Initiative focuses on building high-bandwidth networks, large scale storage facilities, high-performance computing and a European Big Data ecosystem;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 8 b (new)

8b. Stresses that 5G development as well as the rules of the European Electronic Communications Code should to make Open Science Cloud more attractive by means of high qualified internet and new top-quality infrastructure;

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 8 c (new)

8c. Approves the Commission's ambition to have the infrastructure and conditions to handle large amounts of data, operated by services, which use real time data from sensors or applications that link data from different sources; Notes that the European Cloud Initiative aims to ensure better and more harmonised work on infrastructure development;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 8 d (new)

8d. Supports further development of GEANT network for it to become the most advanced international network and maintain Europe's leadership in research;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 8 e (new)

8e. Calls on the Commission and the Member States to coordinate with stakeholders to reduce the fragmentation of digital infrastructures by setting a roadmap for actions and a robust governance structure involving funders, procurers and users and stresses the need to promote Open Science principles for data management and sharing in compliance with innovation incentives, privacy and intellectual property in the digital age;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Paragraph 9

~~9. Calls for the national security authorities (ANSSI, BSI ...) to be fully involved in securing interconnections;~~deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 9 a (new)

9a. Notes that the European economy is increasingly relying on the power of supercomputers to invent innovative solutions, reduce cost and decrease time to market for products and services; Support the Commission efforts to create an exascale supercomputer systems based on European hardware technology;

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 9 b (new)

9b. Believes that Europe needs a complete HPC ecosystem to acquire leadership-class supercomputers, secure its HPC system supply, and deploy HPC services to industry and SMEs for simulation, visualisation and prototyping. Considers that it is of upmost importance to put the EU among the top supercomputing powers in the world by 2022;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 9 c (new)

9c. Believes that the European Technology Platform and the cPPP on HPc are crucial to define Europe's research priorities in developing European technology in all segments of the HPC solution supply chain;

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 9 d (new)

9d. Welcomes the Commission's proposal, in line with the Quantum Manifesto to launch a €1 billion Flagship-scale Initiative in Quantum Technology;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Henna VIRKKUNEN, Christian EHLER, Krišjānis KARIŅŠ, Gunnar HÖKMARK, Anne SANDER

Motion for a resolution
Paragraph 9 e (new)

9e. Reminds the Commission that the cloud services industry has already invested billions of euros into building top of the art infrastructure in Europe. European scientists and researchers can today use a cloud infrastructure that offers them the ability to experiment and innovate quickly by accessing a wide variety of services, only paying for what they use, thus improving time-to-science fast. Notes that Europe's critical support to research and development should not be spent on duplicating existing resources, but instead on encouraging breakthrough in new scientific areas that can boost growth and competitiveness;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Subheading 4

~~Public-private partnership contract on High Performance Computing~~Interoperability

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Paragraph 10

~~10. Proposes that the amounts earmarked for ETP4HPC be re-allocated for the development of digital companies with high added value;~~deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 10 a (new)

10a. Believes that the development of clear standards for cloud interoperability, data portability and service level agreements will ensure certainty and transparency for both cloud providers and end-users;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 10 b (new)

10b. Stresses that reliability, security and protection of personal data is needed for consumer confidence, trust as a basis for healthy competitiveness;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 10 c (new)

10c. Notes that industry should play a key role in developing widely accepted standards fit for the digital age, such standards will give confidence to cloud providers to keep innovation and to users to further adopt cloud services at the European level;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 10 d (new)

10d. Calls on the Commission to take the lead in promoting intersectoral, cross- lingual and cross-border interoperability and cloud standards and supporting privacy-friendly, reliable, secure and energy-efficient cloud services as an integral part of common strategy focusing on maximizing the opportunities to develop standards that have the capacity of becoming worldwide standards;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Pilar DEL CASTILLO VERA, Henna VIRKKUNEN, Christian EHLER, Krišjānis KARIŅŠ, Gunnar HÖKMARK, Anne SANDER

Motion for a resolution
Paragraph 10 e (new)

10e. Notes that an Action plan on data interoperability is necessary to harness the high quantity of data that European scientists produce and improve their reusability in science and industry; Calls on the Commission to work with key scientific stakeholders to produce effective systems to make data findable, accessible, interoperable and reusable (FAIR), including meta-data, common specifications and data object identifiers;

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 10 f (new)

10f. Calls on the Commission to promote interoperability and to prevent vendor 'lock-in' by promoting that multiple cloud infrastructure providers in Europe provide a choice of competitive, inter-operable, portable infrastructure services;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Paragraph 11

~~11. Stresses the existing potential that quantum technologies have for computers and encryption keys;~~deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 11 a (new)

11a. Calls for measures to preserve a high-quality standardisation system that can attract the best technology contributions; asks the Commission to adopt policies that remove excessive barriers in innovative sectors, to incentivise investments in research and development and European standardization;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 11 b (new)

11b. Urge the Commission to maximise its efforts to avoid the possibility of vendor lock-in on the digital market from the beginning, especially in emerging areas such as the European Cloud initiative;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 11 c (new)

11c. Acknowledges the importance of interoperability and standards in boosting competitiveness in the ICT sector, asks the Commission to identify gaps in standards in the European Science Cloud, including as regards SMEs, Startups and key European sectors; supports the development of market-driven, voluntary, technology-neutral, transparent, globally compatible and market-relevant standards;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 11 d (new)

11d. Considers that the 'ISA2' programme offers an opportunity to develop interoperability standards for Big Data management within public administrations and in their dealings with businesses and citizens;

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Subheading 5

~~Controlling and building the IT hardware and softwa~~Sharing open data, sharing re se~~ctor~~arch data

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Paragraph 12

~~12. Believes that the failure to control the European digital industry poses a threat to civil liberties, respect for privacy and the current and future employment;~~deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 12 a (new)

12a. Welcomes that the development of the European Open Science Cloud will allow researchers and science professionals a place to store, share, use and re-use data and can set the foundation for data driven innovation in Europe; Stresses that benefits of data sharing have been widely recognized;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Paragraph 13

~~13. Calls for an audit of the digital industry in Europe, the investments necessary to face foreign competition and the takeover of European companies;~~deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 13 a (new)

13a. Notes that data has become essential for decision making at the local, national, and global level; notes that sharing data also has important benefits for local and regional authorities and that opening up government data enhances democracy and provides new business opportunities;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Paragraph 14

14. Asks Member States and the Union to encourage and fund the writing of secure free software with Linux, firstly within public administrations and schools and then in businesses and for the general public;deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 14 a (new)

14a. Supports the Commission efforts together with European industry researchers and academia for development of Big Data Value PPP in synergy with the cPPP on HPC that enhance community building around data and HPC and set the grounds for a thriving data-driven economy in Europe; Supports the cybersecurity PPP that fosters cooperation between public and private actors at early stages of the research and innovation process in order to access innovative and trustworthy European solutions;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Paragraph 15

~~15. Considers it essential to encourage synergies between European hardware manufacturers, software developers and European cloud computing providers;~~deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 15 a (new)

15a. Stresses that the EC should liaise closely and as early as possible with industry partners especially SMEs and Startups in order to guarantee that business and industry requirements are adequately addressed and integrated in the later stage of the initiative;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Paragraph 16

~~16. Highlights the importance of security of supply in critical raw materials such as rare earths in order to keep the construction of electronic components in Europe;~~deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 16 a (new)

16a. Encourages public administrations to consider safe, reliable and secure cloud services by providing a clear legal framework and further working to develop cloud-specific certifications schemes. Notes that business and consumers need to feel confident in adopting new technologies;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Pilar DEL CASTILLO VERA, Henna VIRKKUNEN, Christian EHLER, Krišjānis KARIŅŠ, Gunnar HÖKMARK, Anne SANDER

Motion for a resolution
Paragraph 16 b (new)

16b. Believes that public administrations should have open government public data by default; urges that progress be made on the degree and pace of releasing information as open data, on identifying key datasets to be made available and on promoting the re- use of open data in an open form;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Henna VIRKKUNEN, Christian EHLER, Krišjānis KARIŅŠ, Gunnar HÖKMARK, Anne SANDER

Motion for a resolution
Paragraph 16 c (new)

16c. The staggering growth in digital technologies is the key driver for generation of massive raw data streams in cloud environments. This huge collection of raw data streams in big data systems increases computational complexity and resource consumption in cloud-enabled data mining systems; Notes that the concept of pattern-based data sharing enables local data processing near the data sources and transforms the raw data streams into actionable knowledge patterns. These knowledge patterns have dual utility of availability of local knowledge patterns for immediate actions as well as for participatory data sharing in cloud environments;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Paragraph 17

~~17. Considers it essential to invest massively in the semiconductor industry;~~deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 17 a (new)

17a. Endorses the May 2016 Council conclusions on the transition towards an Open Science system, in particular that the underlying principle for the optimal reuse of research data should be "as open as possible, as closed as necessary";

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Paragraph 18

~~18. Proposes the creation of European computer assembly chains, with robotics enabling them to be competitive;~~deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Paragraph 19

~~19. Demands a European preference for reciprocal trade;~~deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Subheading 6

~~For a new data governance~~Text and Data mining

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Paragraph 20

~~20. Calls for global internet governance to depend on the United Nations;~~deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 20 a (new)

20a. Stresses that full availability of public data within the European Open Science Cloud will not be sufficient to remove all barriers to data-based research;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Paragraph 21

~~21. Maintains that it is vital to adopt high encryption standards for the security of all data transfers, together with the implementation of the principle of express consent;~~deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 21 a (new)

21a. Notes that the initiative needs to be complemented by a modern copyright framework, , which should allow for the removal of fragmentation and lack of interoperability from the European data research process;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Paragraph 22

22. Calls for a Copernican revolution in the digital economic model: 'all data is the property of the provider' and anyone using these data should remunerate the data provider, with class actions being filed against any company using data without remuneration;deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 22 a (new)

22a. Believes that the Initiative should preserve the balance between rights of researchers, rights holders and other actors in the scientific sphere with fully respect the rights of authors and publishers, while at the same time supporting innovative research in Europe;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, Ashley FOX

Motion for a resolution
Paragraph 23

23. Proposes that Member States impose dissuasive fines on companies illegally using data, amounting to four to ten times their turnover, thereby making Europe a safe haven for data storage in the world;deleted

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN, Dan NICA, David BORRELLI

Motion for a resolution
Paragraph 23 a (new)

23a. Believes that research data can be shared within the EU Open Science Cloud without prejudice to copyright owned by researchers or research institutions, by establishing licensing models where necessary; believes that best practices in this regard are being established within the Horizon 2020 Open Research Data pilot;

2016/10/25
Committee: ITRE

2016/2145(INI)

Michał BONI, Cora van NIEUWENHUIZEN

Motion for a resolution
Paragraph 23 b (new)

23b. Believes that the Directive on the legal protection of databases, which needs revamping , limits the use of data without evidence of creating added economic or scientific value;

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 23 c (new)

23c. subheading: Data protection, fundamental rights and data security

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 23 d (new)

23d. Urges the Commission to take action to promote further harmonized laws across the Member States in order to avoid jurisdictional confusion and fragmentation and to ensure transparency in the digital single market;

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 23 e (new)

23e. Believes that Europe is leading the way in privacy protection and advocates a high level of data protection worldwide;

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 23 f (new)

23f. Underlines that a coordinated approach is needed between data protection authorities, policy makers and industry, in order to help organizations in this transition, by providing uniform interpretation and application of the obligations, compliance toolkits and by raising awareness about the key issues for citizens and the business;

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 23 g (new)

23g. Stresses that Europe is a global importer and exporter of digital services and require having a strong cloud computing and data economy to be competitive. Calls on Commission to take a lead in striving towards the creation of uniform, globally accepted standards of personal data protection;

2016/10/25
Committee: ITRE

2016/2145(INI)

Motion for a resolution
Paragraph 23 h (new)

23h. Believes that global data flows are vital to international trade and economic growth and the European Commission Initiative on the free flow of data, should enable companies operating in Europe, particularly in the growing cloud computing sector, to be in the forefront of the global innovation race; Stresses that the Initiative should also aim to lift any arbitrary restrictions on where companies should locate infrastructure or store data as these will hamper the development of Europe's economy;

2016/10/25
Committee: ITRE

2016/2072(INI)

Motion for a resolution
Recital F

~~F. whereas CCIs in the EU employ 2.5 times more people than automotive manufacturers and five times more than the chemical industry;~~deleted

2016/09/09
Committee: ITRE CULT

2016/2072(INI)

Motion for a resolution
Recital G

G. whereas employment in the cultural sector is unlikely to be offshored, as it is connected to specific cultural and historical competences; ~~whereas CCIs contribute significantly and more than any other sector to youth employment and have proved to be most resilient during the post-2008 economic crisis;~~

2016/09/09
Committee: ITRE CULT

2016/2072(INI)

Motion for a resolution
Recital I

I. whereas ~~CCI~~the new technology and internet industries play a key role in reindustrialising Europe, are a driver for growth and are in a strategic position to trigger innovative spill-overs in other industrial sectors, such as tourism, retail, and ~~digital technologies~~the creative industry;

2016/09/09
Committee: ITRE CULT

2016/2072(INI)

Motion for a resolution
Recital K

K. whereas despite the fact that more creative content is being consumed today than ever before, ~~in particular on services such as user-uploaded content platforms and content aggregation services, the cultural and creative sector has not seen a compara~~and that new technologies are opening up new sources of income for creators by making it possible into creaste ~~in revenues from this increase in consumption~~new business models;

2016/09/09
Committee: ITRE CULT

2016/2072(INI)

Motion for a resolution
Paragraph 5

5. Stresses that technology and infrastructure rely on the quality content provided by creators~~; calls, therefore, on the Commission to establish a legal framework for the value chain in the digital age that takes into account the specificities of the sector and leads to an improvement~~ at various levels of society: from the users of new technologies, to individuals who create content for a living, start-ups and major international production companies purchasing the r~~emuneration of authors and~~ights to the work of many different creators;

2016/09/09
Committee: ITRE CULT

2016/2072(INI)

Michał BONI, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 6

6. Asks the Commission, in view of the upcoming copyright reform, to create legal solutions which will suit creators, right holders and consumers alike in order to make clear that liability exemptions can only apply to genuinely neutral and passive online service providers and not to services that play an active role in distributing, promoting and monetising content at the expense of creatorall those involved in the process of creating, distributing and consuming content in the digital environment, in order to make clear that liability exemptions can only apply to those engaging in commercial infringements of intellectual property rights by making use of revenue streams emanating from illegal activities;

2016/09/09
Committee: ITRE CULT

2016/2047(BUD)

Draft opinion
Paragraph 5 a (new)

5 a. Welcomes the additional resources dedicated for the development of the European database on New Drugs of European Monitoring Centre for Drugs and Drug Addiction (EMCDDA). Calls on the Commission to ensure in the budgetary planning that EMCDDA is provided with sufficient resources required for the implementation of the envisaged legislative amendment of the EMCDDA founding regulation concerning the Early Warning System and the Risk Assessment of New Psychoactive Substances.

2016/08/25
Committee: LIBE

2016/2047(BUD)

Michał BONI, Tomáš ZDECHOVSKÝ

Draft opinion
Paragraph 5 b (new)

5 b. Calls on the Commission to ensure that the EU Agency for Network and Information Security (ENISA) is provided with sufficient resources to be able to execute the additional tasks delegated to it by the EU legislation, particularly by the Network and Information Security (NIS) Directive and for the tasks related to preventing and fighting cybercrime;

2016/08/25
Committee: LIBE

2016/2047(BUD)

Draft opinion
Paragraph 6 a (new)

6 a. Calls for strengthening EMCDDA in the connection with the planned adoption of the regulation on new psychoactive substances with additional tasks for the agency.

2016/08/25
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Citation 26 a (new)

- having regard to the Commission Communication of 19 March 2014 on a new EU framework to strengthen the rule of law (COM(2014)0158),

2016/09/21
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Recital E

E. whereas racism, xenophobia and hate crime threaten the values of the EU and its Member States; whereas there is an increase in hate speech among political forces and increasing xenophobia and other bias in important sectors of the population, including via Internet;

2016/09/21
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Recital L a (new)

La. whereas the rule of law is one of the fundamental principles of the EU, functioning on the basis of the presumption of mutual trust that Member States conform with democracy, the rule of law and fundamental rights, as enshrined in the Charter of Fundamental Rights and the ECHR;

2016/09/21
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Paragraph 2

2. Considers that the social inclusion and cultural integration of refugees in the host society is a dynamic, two-dimensional process (involving rights and duties), ) where respect for the values upon which the EU is built must be an integral part, representing a challenge and an opportunity that requires responsibilities and efforts both by the refugees and by the Member States, their local and regional administrations and host communities;

2016/09/21
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Paragraph 3

3. Calls on Member States to apply cultural, political and social inclusion policies as swiftly as possible and with adequate dedicated financial resources; ~~recalls that social inclusion policies must engage local, regional and~~on educational programs which will take into account local aspects of the communities and be formed in cooperation with national institutions ~~and~~, local governments, scho~~uld focus on individuals rather than on groups or communi~~ols, NGOs; encourages increased exchange of best practices~~, as this can lead to s~~ with foreign partners in the field of integregation;

2016/09/21
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Paragraph 5

5. Welcomes the Commission initiatives and main actions to strengthen security cooperation between Member States and setting out an effective EU response to terrorism and security threats in the European Union; and fully supports all proposed measures to pave the way towards an effective Security Union, in particular the directive on combatting terrorism; , directive on control of the acquisition and possession of weapons and changes to the Schengen Border Code;

2016/09/21
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Paragraph 7

7. Believes that a European early warning and responsive system should be set up to identify groups that are at high risk of radicalisation; calls on the EU and the Member States to make greater efforts to prevent radicalisation via the Internet and social media, ~~in particular among young people~~through education and youth outreach, and to assist the families of those who are at risk; encourages Member States to exchange best practices and to use intelligence-sharing mechanisms in order to fight terrorist networks efficiently;

2016/09/21
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Paragraph 8 a (new)

8a. Calls for the EU and the Member States to increase cooperation with third countries in order to investigate all stages of trafficking in human beings, to improve the exchange of information, and to launch proactive operations;

2016/09/21
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Paragraph 13

13. Welcomes the Commission’s announcement of the Code of Conduct on countering illegal hate speech online and encourage adherence to and application of it;

2016/09/21
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Paragraph 15

15. Calls on the EU and the Member States to strengthen the role of human rights education in national curricula as a tool for preventing racism and related intolerance, and calls for ~~greater rights awareness~~promoting and stimulating awareness raising and education in the field of preventing and fighting hate crime;

2016/09/21
Committee: LIBE

2016/2009(INI)

Anna Maria CORAZZA BILDT, Elissavet VOZEMBERG-VRIONIDI, Barbara MATERA, Barbara KUDRYCKA, Michał BONI

Motion for a resolution
Paragraph 15 a (new)

15a. Condemns all verbal and physical attacks against UK residents of migrant heritage; rejects and condemns all forms and manifestations of racism and xenophobia which are incompatible with the values and principles upon which the EU is founded;

2016/09/21
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Paragraph 16

16. Highlights that improvements are still needed to combat violence against women, and calls on the Member States and the EU to sign and ratify the Istanbul Convention following the launch of the procedure by the Commission in March 2016; reminds Member States that the EU accession to the Istanbul Convention does not exonerate them to sign, ratify and enforce the Istanbul Convention and urges them to do so;

2016/09/21
Committee: LIBE

2016/2009(INI)

Anna Maria CORAZZA BILDT, Elissavet VOZEMBERG-VRIONIDI, Barbara MATERA, Barbara KUDRYCKA, Roberta METSOLA, Michał BONI

Motion for a resolution
Paragraph 16 a (new)

16a. Considers that violence against women, such as honour killing, forced marriage, trafficking, female genital mutilation, domestic violence are serious violations of human rights that should be criminalised and punished and never be justified by religious or cultural tradition;

2016/09/21
Committee: LIBE

2016/2009(INI)

Anna Maria CORAZZA BILDT, Elissavet VOZEMBERG-VRIONIDI, Barbara MATERA, Barbara KUDRYCKA, Roberta METSOLA, Michał BONI

Motion for a resolution
Paragraph 16 b (new)

16b. Strongly condemns the frequent acts of harassment and rape in public places in Europe and considers that every women and girl should feel safe from any form of sexual harassment in any public place in Europe; calls on Member States to take the necessary measures to ensure that these acts are properly sanctioned, that the perpetrators are brought to justice and that appropriate protection is provided to victims;

2016/09/21
Committee: LIBE

2016/2009(INI)

Anna Maria CORAZZA BILDT, Elissavet VOZEMBERG-VRIONIDI, Barbara MATERA, Barbara KUDRYCKA, Michał BONI

Motion for a resolution
Paragraph 17

17. Urges Member States to lead more targeted awareness-raising campaigns, to prevent and protect victims of violence and to protect their rights without delay in line with the Victims’ Rights Directive; calls on the Member states to fully implement Directive 2011/99/EU on the European order to ensure appropriate protection and assistance to women and girls victims of violence, as well as Directive 2011/36/EU on preventing and combating trafficking in human beings in order to prevent women and girls from trafficking, violence and sexual exploitation;

2016/09/21
Committee: LIBE

2016/2009(INI)

Anna Maria CORAZZA BILDT, Elissavet VOZEMBERG-VRIONIDI, Barbara MATERA, Barbara KUDRYCKA, Michał BONI

Motion for a resolution
Paragraph 17 a (new)

17a. Stresses that in order to effectively combat gender-based violence, a change of attitude towards women and girls is necessary; they are too often represented in subordinate roles and violence against them is too often tolerated or undermined; calls on Member States to do more to combat gender based stereotypes and discrimination against women and girls;

2016/09/21
Committee: LIBE

2016/2009(INI)

Anna Maria CORAZZA BILDT, Elissavet VOZEMBERG-VRIONIDI, Barbara MATERA, Barbara KUDRYCKA, Roberta METSOLA, Michał BONI

Motion for a resolution
Paragraph 18

18. Highlights that no cultural, religious, national or ethnic background can justify any form of gender-based violence and that EU and national authorities should strengthen their cooperation; considers that all those living in Europe, regardless of their original culture and tradition, should respect the law and women's rights and dignity;

2016/10/03
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Paragraph 26

26. Calls for a code of conduct on protecting children’s rights online and offline in cyber space, and recalls that in the fight against cybercrime by law enforcement authorities special attention needs to be paid to crimes against children; highlights the necessity of strengthening cooperation among Member States and with Europol and its European Cybercrime Center (EC3) in this area;

2016/10/03
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Subheading 11 a (new)

Rule of law

2016/10/03
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Paragraph 41 a (new)

41 a. Highlights that rule of law is one of the common values on which the EU is founded, and whereas the Commission, together with Parliament and the Council, is responsible under the Treaties for assuring respect for the rule of law as a fundamental value of our Union and guarantee that EU law, values and principles are respected;

2016/10/03
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Paragraph 41 b (new)

41 b. Notes that an efficient, independent and impartial judicial system is crucial for the rule of law and guarantee the protection of the fundamental rights and civil liberties of citizens in Europe;

2016/10/03
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Paragraph 41 c (new)

41 c. Believes that the EU is committed to respecting media freedom and pluralism as well as the right to information and freedom of expression;

2016/10/03
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Paragraph 41 d (new)

41 d. Calls on all Member States to fully comply with EU law in their legislative and administrative practice, and that all legislation, including the primary law of all Member States and candidate countries, must reflect and adhere to basic European values, namely democratic principles, the rule of law and respect for fundamental rights.

2016/10/03
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Paragraph 43 a (new)

43 a. Encourages the development of e- consultations and the use of it as a crowdsourcing mechanism to gather knowledge about citizens expectations for the governments and public administration and as a tool for direct participation of the citizens;

2016/10/03
Committee: LIBE

2016/0288(COD)

Proposal for a directive
Recital 7

(7) The convergence of the telecommunications, media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single European Electronic Communications Code established by a single Directive, with the exception of matters better dealt with through directly applicable rules established through regulations It is necessary to separate the regulation of electronic communications networks and services from the regulation of content. This Code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services, such as broadcasting content, financial services and certain information society services, and is therefore without prejudice to measures taken at Union or national level in respect of such services, in compliance with Union law, in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism. The content of television programmes is covered by Directive 2010/13/EU of the European Parliament and of the Council21 . The regulation of audiovisual policy and content aims at achieving general interest objectives, such as freedom of expression, media pluralism, impartiality, cultural and linguistic diversity, social inclusion, consumer protection and the protection of minors. However, it is intended that unless explicitly excluded from the scope of application of the Code, electronic communications networks and services should be covered by this Code. The separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them, in particular in order to guarantee media pluralism, cultural diversity and consumer protection. _________________ 21 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to ~~a multi-dwelling building~~the premises, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of ~~such~~fixed 'very high capacity networks' ~~will further increase the capabilities of networks and pave the way for~~in a fibre to the home configuration and their backhaul capabilities will be a prerequisite for the success of the roll-out of future mobile network generations (5G) based on ~~enhanced air interfaces and~~ a more densified network architecture.

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Recital 53

(53) Member States may need to amend rights, conditions, procedures, charges and fees relating to general authorisations and rights of use where this is objectively justified. Such changes should be duly notified to all interested parties in good time, giving them adequate opportunity to express their views on any such amendments. Taking into account the need to ensure legal certainty and to promote regulatory predictability, any restriction or withdrawal of existing rights of use for radio spectrum or to install facilities should be subject to predictable and transparent procedures; hence stricter requirements or a notification mechanism could be imposed where rights of use have been assigned pursuant to competitive or comparative procedures. In the case of right of use for spectrum, the right holder shall have the right to object to any proposed amendment based on its existing and future spectrum usage plan and the need to safeguard investment. Unnecessary procedures should be avoided in case of minor amendments to existing rights to install facilities or to use spectrum when such amendments do not impact on third parties' interests. The change in the use of spectrum as a result of the application of technology and service neutrality principles should not be considered a sufficient justification for a withdrawal of rights since it does not constitute the granting of a new right.

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Recital 84

(84) By virtue of their overall economic expertise and market knowledge, and of the objective and technical character of their assessments, and in order to ensure coherence with their other tasks of market regulation, national regulatory authorities should determine the elements of selection procedures and the conditions attached to the rights of use for spectrum which have the greatest impact on market conditions and the competitive situation, including conditions for entry and expansion. That includes for example the parameters for economic valuation of spectrum in compliance with this Directive, the specification of the regulatory and market- shaping measures such as the use of spectrum caps or reservation of spectrum or the imposition of wholesale access obligations, or the means to define the coverage conditions attached to rights of use. A more convergent use and definition of such elements would be favoured by a coordination mechanism whereby BEREC, the Commission and the national regulatory authorities of the other Member States would review draft measures in advance of the granting of rights of use by a given Member Statein parallel to the national public consultation. It is also important that, prior to defining their country's spectrum policy in relation to spectrum licensing, national regulatory authority be in a position to refer to common set of principles regarding spectrum assignment in the EU. BEREC will be responsible for elaborating and updating such guidelines as soon as practicable after the adoption of the Code. Member States should take the utmost account of BEREC's guidelines. The measure determined by the national regulatory authority can only be a subset of a wider national measure, which may more broadly consist of the granting, trade and lease, duration, renewal or the amendment of rights of use for radio spectrum as well as of the selection procedure or the conditions attached to the rights of use. Therefore, when notifying a draft measure, national regulatory authorities may provide information on other draft national measures related to the relevant selection procedure for limiting rights of use for radio spectrum which are not covered by the peer review mechanism.

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Recital 86

(86) Member States should be encouraged to consider joint authorisations as an option when issuing rights of use where the expected usage covers cross- border situations. Member States should also have the option of empowering BEREC, RSPG or the Commission with the responsibility of conducting the selection process.

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Recital 93

(93) Where the provision of electronic communications relies on public resources whose use is subject to specific authorisation, Member States may grant the authority competent for issuance thereof the right to impose fees to ensure optimal use of those resources, in accordance with the procedures envisaged in this Directive. Such use can be ensured by setting the fees at a level reflecting the value of the spectrum at its next best use. In line with the case-law of the Court of Justice, Member States cannot levy any charges or fees in relation to the provision of networks and electronic communications services other than those provided for by this Directive. In that regard, Member States should have a coherent approach in establishing those charges or fees in order not to provide an undue financial burden linked to the general authorisation procedure or rights of use for undertakings providing electronic communications networks and services.

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Recital 95

(95) In line with their role of ensuring optimal use of radio spectrum, fees linked to rights of use for radio spectrum can influence decisions about whether to seek such rights and put into use radio spectrum resources. When setting reserve prices as a means to determine the minimum valuation ensuring optimal use, Member States should therefore ensure that such prices, irrespective of the type of selection procedure used, ~~also~~ reflect and be proportionate to the additional costs associated with the fulfilment of authorisation conditions imposed to further policy objectives that would not reasonably be expected to be met pursuant to normal commercial standards, such as territorial coverage conditions. In doing so, regard should also be had to the competitive situation of the market concerned.

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Recital 142

(142) Sharing of passive ~~or active~~ infrastructure used in the provision of wireless electronic communications services, ~~or the joint roll-out of such infrastructures,~~ in compliance with competition law principles can be particularly useful to maximise very high capacity connectivity throughout the Union, especially in less dense areas where replication is impracticable and end-users risk being deprived of such connectivity. National regulatory authorities should, exceptionally, be enabled to impose such sharing ~~or joint roll-out~~, or localised roaming access, in compliance with Union law, if they demonstrate the benefits of such sharing or access in terms of overcoming very significant barriers to replication and of addressing otherwise severe restrictions on end-user choice or quality of service, or both, or on territorial coverage, and taking into account several elements, including in particular the need to maintain infrastructure roll-out incentives. Access to wiring and cables inside buildings remains an important obstacle to competition. It is important to ensure that any interested third party receives access to information retained by owners or users of such in-building infrastructure and that all reasonable access requests be met.

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Recital 143

(143) While it is appropriate in some circumstances for a national regulatory authority to impose obligations on operators that do not have significant market power in order to achieve goals such as end-to-end connectivity or interoperability of services, it is however necessary to ensure that such obligations are imposed in conformity with the regulatory framework and, in particular, its notification procedures and in instances where SMP obligations are not or unlikely to be effective.

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Recital 173

(173) National regulatory authorities should, when imposing obligations for access to new and enhanced infrastructures, ensure that access conditions reflect the circumstances underlying the investment decision, taking into account, inter alia, the roll-out costs, the expected rate of take up of the new products and services and the expected retail price levels. Moreover, in order to provide planning certainty to investors, national regulatory authorities should be able to set, if applicable, terms and conditions for access which are consistent over appropriate review periods. In the event that price controls are deemed appropriate, such terms and conditions can include pricing arrangements which depend on volumes or length of contract in accordance with Union law and provided they have no discriminatory effect. Any access conditions imposed should respect the need to preserve effective competition in services to consumers and businesses. Each obligation shall be assessed separately and there is no hierarchy between the various obligations which national regulatory authorities can impose with one exception. In compliance with the principle of proportionality, the obligation to provide access to and use of specific network facilities shall only be imposed if the obligation to provide access to civil engineering is not or unlikely to be effective.

2017/04/06
Committee: ITRE

2016/0288(COD)

Gunnar HÖKMARK, Michał BONI, Krišjānis KARIŅŠ, Bendt BENDTSEN

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or any other type of network which is capable of delivering under usual peak- time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. ~~Network performance can be considered similar regardless of wh~~Very high capacity networks are in any case fibre to the home networks or any other network which provides the technical performance requirements needed for the backhaul of 5G networks. Network performance will be assessed solely on the basis of technical paramethers and not take into account the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or any network which is capable of delivering under usual peak- time conditions ~~similar~~at least equally consistent and reliable network performance in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. Network performance ~~can be considered similar~~shall be assessed on the basis of technical parameters, regardless of whether the end- user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

2017/04/06
Committee: ITRE

2016/0288(COD)

Michał BONI, Henna VIRKKUNEN, Gunnar HÖKMARK

Proposal for a directive
Article 3 – paragraph 3 – point b a (new)

(b a) safeguarding competition to the benefit of consumers and promoting, where appropriate, infrastructure-based competition;

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Article 18 – paragraph 1

1. Member States shall ensure that the rights, conditions and procedures concerning general authorisations and rights of use for radio spectrum or for numbers or rights to install facilities may only be amended in objectively justified cases and in a proportionate manner, taking into consideration, where appropriate, the specific conditions applicable to transferable rights of use for radio spectrum and for numbers. In the case of right of use for spectrum, the right holder shall have the right to object to any proposed amendment based on its existing and future spectrum usage plan and the need to safeguard investment.

2017/04/06
Committee: ITRE

2016/0288(COD)

Gunnar HÖKMARK, Henna VIRKKUNEN, Michał BONI, Krišjānis KARIŅŠ, Bendt BENDTSEN

Proposal for a directive
Article 19 – paragraph 2

2. I~~n line with the need~~f necessary in order to ensure ~~the~~ effective ~~and efficient~~ use of radio spectrum and competition, or the implementation of harmonised conditions adopted under Decision No 676/2002/EC, Member States may allow withdrawal of rights, including those with a 2530 year minimum duration, ~~based on procedures laid down in advance, in compliance with the principles of proportionality and non-discrimination~~after consultations with the right holder and based on fully transparent conditions and procedures laid down prior to the granting of such rights, in compliance with the principles of proportionality and non-discrimination. Member States shall ensure that licence holders, following any withdrawal, are adequately and proportionally compensated with regards to investments made.

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Article 22 – paragraph 2

2. National regulatory authorities may designate a "digital exclusion area" corresponding to an area with clear territorial boundaries where, on the basis of the information gathered pursuant to paragraph 1, it is ~~determined~~foreseen that for the duration of the relevant forecast period, no undertaking or public authority has deployed or is planning to deploy a very high capacity network or has significantly upgraded or extended its network to a pver~~formance of at least 100 Mbps download speeds~~y high capacity network, or is planning to do so. National regulatory authorities shall publish the designated digital exclusion areas.

2017/04/06
Committee: ITRE

2016/0288(COD)

Gunnar HÖKMARK, Henna VIRKKUNEN, Michał BONI, Krišjānis KARIŅŠ, Bendt BENDTSEN

Proposal for a directive
Article 22 – paragraph 3

3. Within a designated digital exclusion area, national regulatory authorities may issue a call open to any undertaking to declare their intention to deploy very high capacity networks over the duration of the relevant forecast period. The national regulatory authority shall specify the information to be included in such submissions, in order to ensure at least a similar level of detail as that taken into consideration in the forecast envisaged in paragraph 1(b). It shall also inform any undertaking expressing its interest whether the designated digital exclusion area is covered or likely to be covered by an NGA network offering download speeds below ~~100 Mbps~~a very high capacity network on the basis of the information gathered pursuant to paragraph 1(b).

2017/04/06
Committee: ITRE

2016/0288(COD)

Gunnar HÖKMARK, Michał BONI, Krišjānis KARIŅŠ, Bendt BENDTSEN

Proposal for a directive
Article 22 – paragraph 4

4. When national regulatory authorities take measures pursuant to paragraph 3, they shall do so according to an efficient, objective, transparent and non- discriminatory procedure, whereby no undertaking is a priori excluded. ~~Failure to provide information pursuant to paragraph 1(b) or to respond to the call for interest pursuant to paragraph 3 may be considered as misleading information pursuant to Articles 20 or 21.~~

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Article 35 – paragraph 1 – subparagraph 2

When adopting these measures, the national regulatory authority shall take into account the relevant national policy objectives set out by the Member State as well as other relevant national measures in regard to the management of radio spectrum in compliance with Union law and shall base its measure on a thorough and objective assessment of the competitive, technical and economic situation of the market.. It shall also take into account the need to cooperate with other Member States, with the Commission and BEREC in order to ensure a consistent application of the above mentioned powers across the Union. BEREC shall adopt, as soon as practicable following the adoption of this Directive, and to the extent necessary update, radio spectrum policy guidelines with a view to defining best practices in relation to the exercise by national regulatory authorities of their powers under the Code.

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Article 35 – paragraph 2

2. WIn order to facilitate coordination and efficient use of spectrum, also across the borders, where a national regulatory authority intends to take a measure which falls within the scope of paragraph 1 (a) to (g), it shall make the draft measure accessible, together with the reasoning on which the measure is based, to BEREC, the Radio Spectrum Policy Group and the Commission and national regulatory authorities in other Member States, at the same time.

2017/04/06
Committee: ITRE

2016/0288(COD)

Michał BONI, Henna VIRKKUNEN, Françoise GROSSETÊTE, Anne SANDER, Gunnar HÖKMARK

Proposal for a directive
Article 35 – paragraph 2

2. Where a national regulatory authority intends to take a measure which falls within the scope of paragraph 1 (a) to (g), it shall take the utmost account of BEREC's radio spectrum policy guidelines, make the draft measure accessible, together with the reasoning on which the measure is based, to BEREC, the Commission and national regulatory authorities in other Member States, at the same time and hold a consultation in accordance with Article 24.

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Article 35 – paragraph 4 – point c a (new)

(c a) the principles of service and technological neutrality and of effective and efficient use of spectrum;

2017/04/06
Committee: ITRE

2016/0288(COD)

Michał BONI, Françoise GROSSETÊTE, Anne SANDER, Gunnar HÖKMARK

Proposal for a directive
Article 37 – paragraph 1 – introductory part

1. Two or several Member States may cooperate with each other and with the Commission and BEREC to meet their obligations under Articles 13, 46 and 54, by jointly establishing the common aspects of an authorisation process and also jointly or through the Commission or BEREC and RSPG, conducting the selection process to grant individual rights of use for radio spectrum in line, where applicable with any common timetable established in accordance with Article 53. The joint authorisation process shall meet the following criteria:

2017/04/06
Committee: ITRE

2016/0288(COD)

Michał BONI, Gunnar HÖKMARK, Françoise GROSSETÊTE, Anne SANDER

Proposal for a directive
Article 37 – paragraph 1 – point d a (new)

(d a) it shall provide for the manner in which the Member States concerned will reach a common position for the granting of the individual rights.

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Article 42 – paragraph 2

2. Member States shall ensure that reserve prices established as minimum fees for rights of use for radio spectrum reflect and be proportionate to the additional costs entailed by conditions attached to these rights in pursuit of the objectives under Articles 3, 4 and 45(2), such as coverage obligations that would fall outside normal commercial standards, in accordance with paragraph 1 or the value of the spectrum for its next best use.

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Article 47 – paragraph 1 – subparagraph 1

Competent authorities shall attach conditions to individual rights and general authorisations to use radio spectrum in accordance with Article 13(1) in such a way as to ensure a sufficiently high level of network resilience and cyber security, in addition to ensuring the most effective and efficient use of radio spectrum by the beneficiaries of the general authorisation or the holders of individual rights or by any third party to which an individual right or part thereof has been traded or leased. They shall clearly define any such conditions including the level of use required and the possibility to trade and lease in relation to this obligation in order to ensure the implementation of those conditions in line with Article 30. Conditions attached to renewals of right of use for radio spectrum may not provide undue advantages to existing holders of those rights.

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Article 49 – paragraph 2

2. Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a duration of at least 2530 years, provided there are conditions to facilitate trading, leasing and sharing of rights, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands.

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Article 49 – paragraph 3

3. Member States may without prejudice to Article 53,extend the duration of rights of use for a ~~short~~ period of time to ensure the simultaneous expiry of rights in one or several bands, which shall be as short as possible.

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Article 50 – paragraph 2 – point a a (new)

(a a) the need to avoid service disruption with detrimental impact on users' experience;

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Article 50 – paragraph 2 – point c

(c) review of the appropriate icompl~~ementation of~~iance with the conditions attached to the right concerned;

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Article 50 – paragraph 2 – point f

(f) the ~~need to avoid severe service disruption~~likely effects on existing and future investments by the right holder.

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Article 50 – paragraph 3 – subparagraph 2

If as a result of the consultation pursuant to the first subparagraph, there is clear evidence of market demand from undertakings other than those holding rights of use for spectrum in the band concerned, that would result in more effective and efficient use, the competent authority shall grant the rights pursuant to Article 54 if there are alternatives available.

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – introductory part

When Member States grant, amend or renew rights of use for radio spectrum, their national regulatory authorities, after having completed a proper market assessment, may whenever it is indispensable to ensure competition may take appropriate measures such as:

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – point b

(b) reserving, if appropriate in regard to an exceptional situation in the national market, a certain part of a frequency band or group of bands ~~for assignment to new entrants~~certain types of authorisation holders or applicants. Such reservation shall take due account of all elements relevant to the market and operators concerned, including the overall position of the beneficiary of the reservation of rights across all possible activities likely to benefit from such reservation;

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – point d

(d) prohibiting or imposing conditions on transfers of rights of use for radio spectrum, ~~not subject to national or Union merger control,~~ where such transfers are likely to result in significant harm to competition;

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Article 52 – paragraph 3

3. When applying paragraph 2, national regulatory authorities shall act in accordance with the ~~procedures provided in~~ Articles 3,18, 19, 23 and 35 of this Directive.

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point b

(b) in the case of recently deployed network elements, in particular by smaller local ~~project~~or regional projects or undertakings, the granting of that access would compromise the economic or financial viability of their deployment.; or

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Article 59 – paragraph 3 – subparagraph 1 – introductory part

Member States shall ensure that national regulatory authorities have the power to impose on undertakings providing or authorised to provide electronic communications networks obligations in relation to the sharing of passive ~~or active~~ infrastructure, or obligations to conclude localised roaming access agreements~~, or the joint roll-out of infrastructures~~ directly necessary for the ~~local~~ provision of sver~~vice~~y high capacity networks which rely on the use of spectrum, in compliance with Union law, ~~where it is~~provided no viable and similar alternative means of access to end-users is made available to any undertaking, according to fair and reasonable terms and conditions. However, such access shall be justified on the grounds that,

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Article 70 – paragraph 1

1. A national regulatory authority may, in accordance with Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, civil engineering and passive infrastructure including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, inactive wireline transmission infrastructure including cable and fiber, conduits, inspection chambers, manholes, and cabinets, in situations where the market analysis indicates that denial of access or access given under unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level and would not be in the end-user's interest.

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a

(a) to give third parties access to specified network elements and/or facilities, as appropriate including access to any active network elements ~~which are either not active or physical and/or active~~ and/or virtual unbundled access to the local loop;

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Article 71 – paragraph 2 – introductory part

2. When national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assessment shall include existing ~~or prospective~~ commercial access offers, regulated access pursuant to Article 59, or existing ~~or contemplated~~ regulated access to other wholesale inputs pursuant to this Article but shall at all time be adapted so as to reflect significant market changes. They shall take account in particular of the following factors:

2017/04/06
Committee: ITRE

2016/0288(COD)

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a

(a) the deployment of the new network elements is ~~open to~~done through co-investment ~~offers~~ according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure;

2017/04/06
Committee: ITRE

2016/0280(COD)

Proposal for a directive
Recital 38 – paragraph 1

Where information society service providers offer the service to users to store and provide access to the public tof co~~pyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public~~ntent and where this activity is not of a mere technical, automatic and passive nature, they are obliged to conclude licensing agreements with rightholders, unless they are eligible for the liability ~~exemption~~regimes provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . _________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).

2017/04/05
Committee: ITRE

2016/0280(COD)

Proposal for a directive
Recital 38 – paragraph 2

In respect of Article 14, it is necessary to verify whether the service provider plays an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them, irrespective of the nature of the means used therefor.deleted

2017/04/05
Committee: ITRE

2016/0280(COD)

Proposal for a directive
Recital 38 – paragraph 3

In order to ensure the functioning of any licensing agreement, information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject-matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies. This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive 2000/31/ECactively and directly involved in users uploading and making works available to the public should take appropriate and proportionate measures to ensure protection of works or other subject-matter.

2017/04/05
Committee: ITRE

2016/0280(COD)

Proposal for a directive
Recital 39

(39) Collaboration between information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject-matter uploaded by their users and rightholders is essential for the functioning of technologies, such as content recognition technologies. In such cases, rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide rightholders with information on the type of technologies used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement.deleted

2017/04/05
Committee: ITRE

2016/0280(COD)

Proposal for a directive
Article 3 – paragraph 3

3. Rightholders shall be allowed to apply measures to ensure the security ~~and integrity~~ of the networks and databases where the works or other subject-matter are hosted. Such measures shall not go beyond what is necessary to achieve that objective.

2017/04/05
Committee: ITRE

2016/0280(COD)

Proposal for a directive
Article 14 – paragraph 1

1. Member States shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector, ~~timely, adequate and sufficient~~in an open, machine-readable format, information on the exploitation of their works and performances from ~~those to whom they have licens~~commercial users of their protected wor ~~transferred their rights, notabl~~ks or performances, notably contextual and rich consumption and behavioural data but in any cas ~~regards modes of exploitation, revenues generated and remuneration due~~e at least as complete, timely and equivalent as provided by the users to those to whom authors and performers have licensed or transferred their rights.

2017/04/05
Committee: IMCO

2016/0280(COD)

Proposal for a directive
Article 14 – paragraph 1 a (new)

1a. Member States shall ensure that commercial users of works or performances cooperate with authors and performers, and those to whom authors and performers have licensed or transferred their rights, to define best practices of the execution of the obligation specified in paragraph 1, such as by elaborating an open standard for the identification of authors and performers and their respective works and performances.

2017/04/05
Committee: IMCO

2016/0280(COD)

Proposal for a directive
Article 14 – paragraph 2

2. The obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate level of transparency in every sector. However, in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance, Member States may adjust the obligation in paragraph 1, provided that the obligation remains effective and ensures an appropriate level of transparency.

2017/04/05
Committee: IMCO

2016/0280(COD)

Paul RÜBIG, Françoise GROSSETÊTE, Francisco de Paula GAMBUS MILLET, Pilar DEL CASTILLO VERA, Michał BONI, Esther DE LANGE, Krišjānis KARIŅŠ, Henna VIRKKUNEN, Massimiliano SALINI

Proposal for a directive
Article 14 – paragraph 3

~~3. Member States may decide that the obligation in paragraph 1 does not apply when the contribution of the author or performer is not significant having regard to the overall work or performance.~~deleted

2017/04/05
Committee: IMCO

2016/0185(COD)

Proposal for a regulation
Recital 8

(8) In particular, the current functioning of wholesale roaming markets could affect competition and investments in home operators’ domestic markets due to excessive wholesale roaming charges compared to the domestic retail prices applied to end-users. This applies in particular for smaller or net out-bound operators, thus making RLAH structurally unsustainable. Therefore it is crucial to ensure that the Union telecom framework legislation provides clear and consistent long term incentives for private investment in telecommunication infrastructure.

2016/10/25
Committee: ITRE

2016/0185(COD)

Françoise GROSSETÊTE, Anne SANDER, Francisco de Paula GAMBUS MILLET, Michał BONI

Proposal for a regulation
Article 1 – point 4

Anna Maria CORAZZA BILDT, Barbara MATERA, Elissavet VOZEMBERG-VRIONIDI, Agnieszka KOZŁOWSKA, Tomáš ZDECHOVSKÝ, Traian UNGUREANU, Michał BONI, Christine REVAULT D'ALLONNES BONNEFOY, Mariya GABRIEL, Carlos COELHO

Motion for a resolution
Paragraph 7 a (new)

7a. Calls on the Member States to fully implement Directive 2011/99/EU on European Protection order, Regulation (EU) on mutual recognition of protection measures in civil matter and Directive 2012/29/EU on protection of victims as well as Directive 2011/36/EU on preventing and combating trafficking in Human being and Directive 2011/92/EU on preventing and combating child sexual abuse and exploitation;

2017/05/11
Committee: LIBE FEMM

2016/0027(COD)

Gunnar HÖKMARK, Krišjānis KARIŅŠ, Michał BONI

Proposal for a decision
Recital 1

(1) In the multiannual radio spectrum policy programme (RSPP) established by Decision No 243/2012/EU20 , the European Parliament and the Council set the objectives of identifying at least 1 200 MHz of spectrum suitable for wireless broadband electronic communications services in the Union by 2015, of supporting the further development of ~~innovative audiovisual~~traditional and modern media services by ensuring sufficient spectrum for the satellite and terrestrial provision of such services, if the need is clearly substantiated, and of ensuring sufficient spectrum for programme making and special events (PMSE). __________________ 20 Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (OJ L 81, 21.3.2012, p. 7).

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Michał BONI, Krišjānis KARIŅŠ, Pilar DEL CASTILLO VERA, Esther DE LANGE

Proposal for a decision
Recital 1 a (new)

(1a) The rapid allocation across the Union of the 700 MHz frequency band is a precondition for the industrial shift to 5G, which would put Europe at the centre of innovation. Lagging behind in terms of allocation means lagging behind in economic growth and competitiveness.

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Michał BONI, Krišjānis KARIŅŠ, Pilar DEL CASTILLO VERA, Esther DE LANGE

Proposal for a decision
Recital 1 b (new)

(1b) In this formative time, the Union as a whole needs to be able to take part in that change, in order for Europe to benefit from being the world's biggest economy, and also having the potential of transforming into the world's most dynamic market. 5G will need spectrum in lower frequencies, such as the 700 MHz frequency band, which is crucial for Internet of Things, B2B, mobile services, traffic and vehicle applications and for rural areas, while at the same time allocation of higher frequencies will be needed to ensure not only connectivity but also sufficient speed.

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Michał BONI, Krišjānis KARIŅŠ

Proposal for a decision
Recital 2

(2) In its strategy for the digital single market (DSM)21 , the Commission highlights the importance of the 694-790 MHz (‘700 MHz’) frequency band for ensuring the provision of broadband services in rural areas and stresses the need for a coordinated release of that frequency band, while accommodating the specific needs of ~~audiovisual~~traditional and modern media services distribution. __________________ 21 See http://ec.europa.eu/priorities/digital- single-market/index_en.htm.

2016/07/06
Committee: ITRE

2016/0027(COD)

Proposal for a decision
Recital 2 a (new)

(2a) Improving the management of spectrum, and of the 700 MHz frequency band in particular, is a precondition for creating a favourable environment for digital networks and services to develop, which thus maximises the growth potential of the digital economy. The European Economy will increasingly have digital society at its core, which requires ubiquitous network coverage to develop services relating to the Internet of Things, E-Commerce, and European Cloud services, and to reap the full benefits of Industry 4.0 across Europe.

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Krišjānis KARIŅŠ, Michał BONI

Proposal for a decision
Recital 2 b (new)

(2b) The '700 MHz' frequency band represents an opportunity for globally harmonised and coordinated spectrum for mobile broadband offering economies of scale. That band should allow new innovative digital services to be developed in urban and in rural or remote areas, such as e-Health and mHealth, supported by mobile phones, patient monitoring devices and other wireless devices, as well as smart energy grids and other services relating to the Internet of Things.

2016/07/06
Committee: ITRE

2016/0027(COD)

Proposal for a decision
Recital 3

(3) Spectrum in the 470-790 MHz frequency band is a valuable asset for the cost-efficient deployment of wireless networks with universal indoor and outdoor coverage. This spectrum is currently used across the Union for digital terrestrial television (DTT) and wireless audio PMSE equipment. It supports, in parallel to new forms of distribution, the development of the media, creative and cultural sectors, which extensively rely on this spectrum resource for the wireless provision of content to mass audiences.

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Krišjānis KARIŅŠ, Michał BONI

Proposal for a decision
Recital 3 a (new)

(3a) The allocation of the 700 MHz frequency band should be structured in a way that facilitates competition, by the allocation of spectrum as such but also by requirements allowing for network sharing and virtual operators.

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Michał BONI, Krišjānis KARIŅŠ

Proposal for a decision
Recital 3 b (new)

(3b) As underlined in the RSPP, spectrum management may affect competition by changing the role and power of market players, for example if existing spectrum users receive undue competitive advantages. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. The allocation of frequencies should therefore be done in a way that does not undermine existing competition but instead opens up for new competition.

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Michał BONI, Krišjānis KARIŅŠ, Pilar DEL CASTILLO VERA

Proposal for a decision
Recital 4

(4) For Region 1, which includes the Union, the International Telecommunication Union’s Radio Regulations adopted by the World Radiocommunication Conference in 2015 have allocated the 700 MHz frequency band to the broadcasting and the mobile (except aeronautical mobile) service on a co- primary basis, and the 470-694 MHz (‘sub- 700 MHz’) frequency band exclusively to the broadcasting service, on a primary basis, and to wireless audio PMSE use, on a secondary basis.

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Michał BONI, Krišjānis KARIŅŠ, Pilar DEL CASTILLO VERA, Esther DE LANGE

Proposal for a decision
Recital 5

(5) Rapidly growing wireless broadband traffic makes enhanced wireless network capacity a necessity. Spectrum in the 700 MHz frequency band provides both additional capacity and universal coverage, in particular for the economically challenging rural and remote areas, for indoor use and for wide-range machine- type communications. In this context, coherent and coordinated measures for high-quality terrestrial wireless coverage across the Union, which build on best national practice for operators’ licence obligations, should aim to meet the RSPP objective that all citizens should have access to ~~broadband speeds of not less than 30 Mb/~~the fastest possible broadband speeds by 2020. In this way, the measures will promote innovative digital services and ensure long-term socioeconomic benefits.

2016/07/06
Committee: ITRE

2016/0027(COD)

Proposal for a decision
Recital 5 a (new)

(5a) The launch of 5G will be crucial for the economic development of the Union and for the competitiveness of European economies. There is therefore a need for Europe to take the lead by securing enough spectrum for a successful launch and development of 5G.

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Pilar DEL CASTILLO VERA, Michał BONI, Krišjānis KARIŅŠ, Esther DE LANGE

Proposal for a decision
Recital 5 b (new)

(5b) 5G will change the logics and opportunities for modern economies far beyond what is normally seen as the telecom or digital sector, and it will have an impact on the economies as a whole by integrating digital structures and broadband.

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Pilar DEL CASTILLO VERA, Michał BONI, Krišjānis KARIŅŠ

Proposal for a decision
Recital 6

(6) Spectrum sharing within a common frequency band between bidirectional wireless broadband use (uplink and downlink), on the one hand, and unidirectional television broadcasting or wireless audio PMSE use, on the other hand, is technically problematic. This means that repurposing the 700 MHz frequency band for bidirectional terrestrial wireless broadband electronic communications services would deprive DTT and wireless audio PMSE users of part of their spectrum resources. The DTT and PMSE sectors therefore need long- term regulatory predictability on the availability of sufficient spectrum, so that they can safeguard the sustainable provision and development of their services, in particular free-to-view television, and secure the certainty of their investments by inter alia having the right to trade and share licences. Measures may be needed at national and Union level to ensure additional spectrum resource for wireless audio PMSE use outside the 470-790 MHz frequency band.

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Michał BONI, Krišjānis KARIŅŠ, Pilar DEL CASTILLO VERA, Esther DE LANGE

Proposal for a decision
Recital 7 a (new)

(7a) Europe is lagging behind in terms of deployment of 4G and corresponding services, while previously having led the advancement of 3G, which had a significant impact on the European telecoms industry. Such leadership in advancing 5G is even more important as it will define the innovations, competitiveness and productivity of economies.

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Michał BONI, Pilar DEL CASTILLO VERA, Krišjānis KARIŅŠ

Proposal for a decision
Recital 7 b (new)

(7b) Competition defines the scale of economies and is the driving force for new services and for absorbing investments, and whereas the more value new services can provide, the more valuable broadband connections will be.

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Pilar DEL CASTILLO VERA, Michał BONI

Proposal for a decision
Recital 8

(8) The Radio Spectrum Policy Group (RSPG) recommends in its opinion on a long-term strategy on the future use of the 470-790 MHz frequency band in the Union (the ‘RSPG opinion’) the adoption of a coordinated approach across the Union to make the 700 MHz frequency band available for effective use for wireless broadband electronic communications services by the end of 2020. ~~This~~Member States should, however, be able to decide on the basis of reasonable grounds to delay the availability of the band for up to two years maximum. Where a Member State decides to delay the availability of the band, it should inform other Member States and the Commission accordingly. Such a coordinated approach would be in conjunction with ensuring long-term availability until 2030 of the sub-700 MHz frequency band for the downlink-only provision of audiovisual media services. The RSPG particularly recommends introducing flexibility so that the sub-700 MHz frequency band can also be used for downlink-only wireless broadband electronic communications services.

2016/07/06
Committee: ITRE

2016/0027(COD)

Proposal for a decision
Recital 9 a (new)

(9a) Member States should be able to delay, on the basis of reasonable grounds, the availability of the 700 MHz frequency band for use for terrestrial systems capable of providing wireless broadband electronic communications services beyond a common Union deadline of 2020 for up to two years. Reasonable grounds for delay should be limited to: unresolved cross-border coordination issues resulting in harmful interferences, the need to ensure technical migration of a large amount of the population to advanced broadcasting standards, financial costs of the transition exceeding the expected revenue generated by award procedures or force majeure. Member States should ensure protection from radio interference during the period of such delay to neighbouring Member States which comply with a common Union deadline for allowing use of the 700 MHz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services.

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Pilar DEL CASTILLO VERA, Michał BONI, Krišjānis KARIŅŠ

Proposal for a decision
Recital 11

(11) The use of the 700 MHz frequency band for terrestrial wireless broadband electronic communications services should be subject to a flexible authorisation regime as soon as possible. This should include the possibility for holders of rights of use of spectrum to trade and lease their existing rights in the context of the application of Articles 9, 9a and 9b of Directive 2002/21/EC24 . The authorisation regime should aim at securing competition and investments driven by new services. __________________ 24 Directive No 2002/21/EC of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ L108, 24.4.2002, p.33).

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Michał BONI, Esther DE LANGE

Proposal for a decision
Recital 11 a (new)

(11a) The sooner the revenues come from licence fees, the bigger the opportunities for financing migration costs, for consumers as well as for internet providers.

2016/07/06
Committee: ITRE

2016/0027(COD)

Proposal for a decision
Recital 11 b (new)

(11b) The costs of migration in frequencies will exist regardless of when the migration is done, while the incomes and licence fees as well as increased growth will come sooner and be bigger the earlier allocation and deployment are done. Furthermore, lagging behind with 5G will risk serious effects on the long- term perspective of European competitiveness.

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Michał BONI, Pilar DEL CASTILLO VERA

Proposal for a decision
Recital 14

(14) Member States should adopt coherent and coordinated national roadmaps to facilitate the use of the 700 MHz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band. Once adopted, Member States should communicate the roadmaps in a transparent manner around the Union. The roadmaps should cover activities and timescales for frequency re-planning, technical developments for network and end-user equipment, co-existence between radio and non-radio equipment, existing and new authorisation regimes, mechanisms to avoid harmful interference to spectrum users in adjacent bands and information on the possibility to offer compensation for migration costs, where these would arise, in order to avoid, inter alia, costs for end- users. Roadmaps should also include detailed steps to be taken in order to ensure the full availability of the 700 MHz frequency band for terrestrial wireless broadband electronic communications services by the deadline laid down in this Decision. A Member State seeking a delay should take all reasonable prior steps to minimise it, such as engaging the RSPG good offices in bilateral negotiations on cross-border frequency coordination agreements, and inform the Commission and other Member States accordingly as well as include justification in its national roadmap published pursuant to this Decision. Impediments which lie within the reasonable power of the Member State concerned to remedy should not be regarded as sufficient justification. The RSPG should as a matter of priority adopt an opinion on any roadmap envisaging such a delay. The Commission should assess the justification and take utmost account of the opinion of the RSPG in determining whether the delay is justified and can thus be deemed to be compliant with the coordinated approach set out in this Decision. Where Member States intend to maintain DTT, the roadmaps should give particular attention to facilitating upgrades of broadcasting equipment to more spectrum-efficient technologies such as advanced video formats (e.g. HEVC) or signal transmission technologies (e.g. DVB-T2).

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Michał BONI, Pilar DEL CASTILLO VERA, Krišjānis KARIŅŠ

Proposal for a decision
Recital 15

(15) The scope and mechanism of possible compensation for completing the transition in spectrum use within the 470- 790 MHz frequency band should be analysed in accordance with the relevant national provisions as provided by Article 14 of Directive 2002/20/EC27 , and have to be consistent with the provisions of Articles 107 and 108 TFEU. In this regard, given the high value of the band for wireless broadband use, Member States should take advantage of revenues from award procedures or other fees, which could be expected to significantly exceed migration costs. The Commission should provide guidance to Member States on adequate and prompt compensation, in order to facilitate the transition in spectrum use. Member States should, in particular, take into account the importance of prompt compensation for end-users. __________________ 27 Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (OJ L 108, 24.04.2002, p. 21)

2016/07/06
Committee: ITRE

2016/0027(COD)

Proposal for a decision
Article 1 – paragraph 1

(1) By 30 June 2020, Member States shall allow the use of the 694-790 MHz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services only under harmonised technical conditions set by the Commission pursuant to Article 4 of Decision 676/2002/EC. A Member State may delay, on the basis of reasonable grounds, the making available of that band for wireless broadband electronic communications services for up to two years. Where a Member State does so, it shall inform other Member States and the Commission accordingly and include due justification in its national roadmap pursuant to Article 5. Where necessary, Member States shall carry out the authorisation process or amend relevant existing rights to use the spectrum in accordance with Directive 2002/20/EC, in order to allow that use.

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Pilar DEL CASTILLO VERA, Michał BONI

Proposal for a decision
Article 1 – paragraph 1 – subparagraph 1 a (new)

Member States which delay the use of the 694-790 MHz frequency band under the first subparagraph shall ensure that from 30 June 2020 their use of the 694-790 MHz frequency band does not prevent the availability of that band for wireless broadband electronic communications services other than broadcasting in neighbouring Member States.

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Pilar DEL CASTILLO VERA, Michał BONI

Proposal for a decision
Article 2 – paragraph 1

By 30 June 20221, Member States shall allow the transfer or leasing of the rights of use of spectrum for electronic communications services in the 694-790 MHz frequency band.

2016/07/06
Committee: ITRE

2016/0027(COD)

Proposal for a decision
Article 3 – paragraph 1

When Member States authorise the use of the 694-790 MHz frequency band or amend existing rights to use the 694-790 MHz frequency band, they shall take all necessary measures to ensure a high- quality level of coverage of their population and territory at ~~speeds of at least 30 Mb/~~the fastest possible broadband speeds, both indoors and outdoors, including in pre-determined national priority areas where necessary, and along major terrestrial transport paths. Such measures may include conditions facilitating or encouraging sharing network infrastructure or spectrum in compliance with Union law.

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Pilar DEL CASTILLO VERA, Michał BONI

Proposal for a decision
Article 3 – paragraph 1 a (new)

The Commission shall support the Member States in promoting and facilitating jointly organised auctions, thus contributing to pan-European structures achieved by virtual operators or network sharing.

2016/07/06
Committee: ITRE

2016/0027(COD)

Proposal for a decision
Article 3 – paragraph 1 b (new)

In order to encourage investments, licences shall have a duration of 30 years, which would provide opportunities for return on investment or revenues from licence trading.

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Pilar DEL CASTILLO VERA, Krišjānis KARIŅŠ, Michał BONI

Proposal for a decision
Article 4 – paragraph 1

(1) Each Member States shall ensure the availability of the 470-694 MHz frequency band or parts of the band ~~for~~until 2030, for operators managing the terrestrial provision of audiovisual media services to mass audiences, including free television, ~~and~~ for use by wireless audio PMSE equipment, based on national broadcasting ~~needs. Member States~~needs. Operators shall have the right to fully manage their licences, including the right to trade and share. In this regard, Member States shall promote cooperation between broadcasters, broadcasting operators and mobile operators in order to facilitate convergence of audiovisual and internet platforms and shared spectrum use. Each Member State shall ensure that any other use of the 470-694 MHz frequency band on ~~their~~its territory is compatible with its national broadcasting needs and does not cause harmful interference with the terrestrial provision of audiovisual media services in a neighbouring Member State.

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Pilar DEL CASTILLO VERA, Krišjānis KARIŅŠ, Michał BONI

Proposal for a decision
Article 4 – paragraph 2

(2) If Member States authorise the use of spectrum in the 470-694 MHz frequency band for terrestrial systems capable of providing electronic communication services other than television broadcasting networks, such use shall be ~~limited to downlink-only. Such use shall be~~ without prejudice to obligations resulting from international agreements and Union law. This shall allow for the introduction of new technologies and for license holders to trade and share frequencies.

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Pilar DEL CASTILLO VERA, Michał BONI

Proposal for a decision
Article 5 – paragraph 1

~~By 30 June 2017,~~ Member States shall as soon as possible after the date of entry into force of this Decision, and no later than 30 June 2018, adopt and make public their national plan and schedule (‘'national roadmap’)'), including detailed steps for fulfilling their obligations under Articles 1 and 4 of this Decision. In the event that a Member State delays allowing use of the 700 MHz frequency band beyond 30 June 2020, the national roadmap shall include due justification as well as measures for protecting use of that band in accordance with Article 1 (1) in neighbouring Member States. The RSPG shall, as a matter of priority, issue an opinion on any national roadmap envisaging such a delay. The Commission shall decide on the acceptability of a Member State's justification, taking utmost account of the opinion of the RSPG.

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Pilar DEL CASTILLO VERA, Michał BONI

Proposal for a decision
Article 5 – paragraph 1 a (new)

Member States shall, in order to address disproportionate distribution of social and economic costs and in accordance with Union and national law, ensure that the direct migration or reallocation costs of spectrum usage, including those borne by end users, are compensated adequately, promptly, and in a transparent and technology neutral manner. Member States shall make sufficient funds available to this effect.

2016/07/06
Committee: ITRE

2016/0027(COD)

Gunnar HÖKMARK, Pilar DEL CASTILLO VERA, Krišjānis KARIŅŠ, Michał BONI

Proposal for a decision
Article 5 – paragraph 1 b (new)

In cooperation with Member States, the Commission may provide guidance to Member States on compensation, in order to facilitate the transition in spectrum use.

2016/07/06
Committee: ITRE

2016/0027(COD)

Proposal for a decision
Article 6 – paragraph 1

By 1 January 20253, the Commission, in cooperation with the Member States, shall carry out, based on relevant studies and consultations with relevant stakeholders, an assessment and report to the Council and Parliament on developments in the use of the 470-694 MHz frequency band, taking into account the social, economic, cultural and technological aspects affecting the use of the band pursuant to Articles 1 and 4. The report shall assess whether it is necessary to change the use of the 470-694 MHz frequency band, or any part of it, in the Union with a view to developing a common European position towards the planned review of that frequency band at the World Radiocommunication Conference in 2023.

2016/07/06
Committee: ITRE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Citation 19

~~– having regard to the statement by First Vice-President Timmermans on the situation in Hungary of 19 May 2015, SPEECH/15/5010,~~deleted

2016/06/21
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Citation 20

~~– having regard to the statement by First Vice-President Timmermans and Commissioner Oettinger on the situation in Poland of 19 January 2016, SPEECH/16/114,~~deleted

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Citation 21

~~– having regard to the Commission's launch of a dialogue with the Polish government under the Rule of Law Framework, announced 13 January 2016,~~deleted

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Citation 22

– having regard to its resolutions of 7 July 2013 on the situation of fundamental rights: standards and practices in Hungary, in particular paragraph 795 , 27 February 2014 on the situation of fundamental rights in the European Union (2012)6 , 8 September 2015 on the situation of fundamental rights in the European Union (2013- 2014)7 , and 10 June 2015 on the situation in Hungary, in particular paragraph 128 , __________________ 5 Texts adopted, P8_TA(2013)0315. 6 Texts adopted, P8_TA(2014)0173. 7 Texts adopted, P8_TA(2015)0286. 8 Texts adopted, P8_TA(2015)0227.deleted

2016/06/21
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Citation 23

– having regard to the assessment of the European added value of Union measures concerning Democracy, the Rule of Law and Fundamental Rights, carried out by the European Added Value Unit of the European Parliament,deleted

2016/06/21
Committee: LIBE

2015/2254(INL)

Therese COMODINI CACHIA, Danuta Maria HÜBNER, Jean-Marie CAVADA, Michał BONI

Motion for a resolution
Citation 25 a (new)

– having regard to Article 11 TEU on the inclusion of civil society and citizens in decision-making in the EU

2016/06/21
Committee: LIBE

2015/2254(INL)

Therese COMODINI CACHIA, Danuta Maria HÜBNER, Jean-Marie CAVADA, Michał BONI

Motion for a resolution
Citation 25 b (new)

– having regard to the Council of Europe's 'Code of Good Practice for Civil Participation in the Decision-Making Process'

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Recital E

E. whereas the EU shall respect the equality of Member States before the Treaties as well as their national identities; Whereas the EU is based on a common set of core values and principles; Whereas the definition of core values and principles is a living and permanent process, and while those values and principles may evolve over time, they ~~must be protected against short termism and ad hoc changes as a resul~~should be the basis for political decisions, independent of different political majorities; and resist temporary changes

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Recital I

I. whereas the European Parliamentary Research Service study on The Cost of Non-Europe in the area of Organised crime and Corruption ~~highlight~~estimates that integrating existing EU monitoring mechanisms into a broader Rule of Law monitoring framework ~~would~~might result in cost savings of € 70 billion annually;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Recital J

J. whereas ~~the failure of a~~ candidate countryies need to meet the required standards ~~results in a delay of~~for the accession to the Union~~, while the failure of a Member State or an institution of the Union to meet those same standards has little consequence in practice~~; Whereas for negative developments in a Member State or breaches of the rule of law in the Union, the EU has limited possibilities to act;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Recital K

K. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the Union by virtue of Article 2 TEU and the principle of sincere cooperation~~, and w~~; Whereas a~~ll Member States~~n analysis and verification of the Member States' compliance with those criteria should therefore be ~~assess~~provided on a regular basis ~~in order to verify their continued compliance with the Union's common values;~~.

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Recital M

M. whereas the Court of Justice of the European Union (CJEU) has recently issued ~~various rulings~~rulings confirming, correcting or invalidating certain Union laws, Commission Decisions or legislative practices~~, for being in breach of the Charter of Fundamental Rights or contrary to Treaty principles on transparency and access to documents, but in several cases the institutions of the Union fail to~~; Whereas the Commission should, within its legislative powers, find the proper balance between different fundamental rights and fully comply with the letter and the spirit of the rulings;

2016/06/21
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Recital P

P. whereas the Union has at its disposal a multitude of instruments and processes for ensuring full and proper application of Treaty principles and values but in practice they appear limited in scope, inadequate and ineffective, or they are unlikely to be used; while their uneven application is perceived by many as politically motivated, arbitrary and unfairly targeting certain countries; whereas the existing instruments should be applied and enforced in order to be adequate and effective;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Recital S

S. whereas ~~some Member State governments deny that upholding Union principles and values is a Treaty obligation, or that the Union has the authority to ensure compliance~~recent developments in some Member States raise concerns whether the rule of law is still upheld throughout the EU;

2016/06/21
Committee: LIBE

2015/2254(INL)

Therese COMODINI CACHIA, Danuta Maria HÜBNER, Jean-Marie CAVADA, Michał BONI

Motion for a resolution
Recital T a (new)

Ta. whereas civil society plays an important role in building and strengthening democracy, monitoring, and restraining the power of the state and promoting good governance, transparency, effectiveness, openness, responsiveness and accountability;

2016/06/21
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Recital U

U. whereas ~~recent developments have shown it is urgent to revis~~it is necessary to apply , enforce and integrate existing mechanisms and develop an effective mechanism to ensure Treaty principles and values are upheld throughout the Union;

2016/06/21
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Paragraph 1

1. Requests the Commission to submit, by ~~the end of~~September 20167, on the basis of Article 295 TFEU, a proposal for the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation of institutions of the Union and its Member States in the framework of Article 7 TEU, integrating, aligning and complementing existing mechanisms, following the detailed recommendations set out in the Annex hereto;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Paragraph 2 a (new)

2a. Reiterates that the Member States are obliged to cooperate with each other and the EU, based on the principles of mutual trust and sincere cooperation;

2016/06/21
Committee: LIBE

2015/2254(INL)

Therese COMODINI CACHIA, Danuta Maria HÜBNER, Jean-Marie CAVADA, Michał BONI

Motion for a resolution
Paragraph 4 a (new)

4a. Recommends that the European Ombudsman develops the DRF recommendations to the institutions of the Union in consultation with NGOs and other civil society organisations;

2016/06/21
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Paragraph 5

5. Calls for the creation of a Union Fund, on the basis of a pilot project, for legal assistance to individuals and organisations litigating cases relating to DRF violations by national governments or the institutions of the Union;deleted

2016/06/21
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Paragraph 5 a (new)

5a. Reiterates that the Member States are obliged to cooperate with each other and the institutions based on principles of mutual trust and sincere cooperation.

2016/06/21
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Paragraph 8

8. Recommends that the DRF expert panel, as per the proposed interinstitutional agreement, also assess access to justice at the European level, applying the same benchmarks to the CJEU and ECtHR, including aspects such as independence and impartiality of courts and judges, length and cost of litigation, implementation of court rulings, scope of judicial control and redress available to citizens, and options for cross border collective redress;deleted

2016/06/21
Committee: LIBE

2015/2254(INL)

Therese COMODINI CACHIA, Danuta Maria HÜBNER, Jean-Marie CAVADA, Michał BONI

Motion for a resolution
Paragraph 8 a (new)

8a. Recommends that the Commission engages in a meaningful dialogue with civil society and ensure that its contribution and role is built into any pact or mechanism on Democracy, Rule of Law and Fundamental Rights.

2016/06/21
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Paragraph 8 a (new)

8a. Considers that the existing tools and mechanisms for enforcement of rights should be properly applied and strengthened if possible breaches appear.

2016/06/21
Committee: LIBE

2015/2254(INL)

Therese COMODINI CACHIA, Danuta Maria HÜBNER, Jean-Marie CAVADA, Michał BONI

Motion for a resolution
Paragraph 8 b (new)

8b. Recommends that any inter- parliamentary debate on DRF should include civil society and considers that civic participation and strength of civil society should be taken into consideration as indicator for Democracy;

2016/06/21
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Paragraph 9 – indent 5 a (new)

- Reviewing article7 in order to make sanctions against any Member State relevant and applicable

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Michał BONI, Elisabetta GARDINI, Alessandra MUSSOLINI, Salvatore Domenico POGLIESE, Csaba SÓGOR

Motion for a resolution
Paragraph 11

11. Considers that any financial implications of the requested proposals for the budget of the Union should be covered by the existing budgetary allocations; stresses that both for the EU and its Member States, as well as for citizens, the adoption and implementation of those proposals wcould lead to substantial cost and time savings, and ~~will~~could thus be beneficial both in economic and social terms;

2016/06/21
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Monika HOHLMEIER, Jeroen LENAERS

Motion for a resolution
Annex – Citation 18

~~– having regard to the statement by First Vice-President Timmermans on the situation in Hungary of 19 May 2015, SPEECH/15/5010,~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Monika HOHLMEIER, Jeroen LENAERS

Motion for a resolution
Annex – Citation 19

~~– having regard to the statement by First Vice-President Timmermans and Commissioner Oettinger on the situation in Poland of 19 January 2016, SPEECH/16/114,~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Csaba SÓGOR, Michał BONI, Elisabetta GARDINI

Motion for a resolution
Annex – Citation 21

~~– having regard to the Parliament resolution of 7 July 2013 on the situation of fundamental rights: standards and practices in Hungary, (2012/2130(INI)), in particular paragraph 79,~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Csaba SÓGOR, Michał BONI, Elisabetta GARDINI

Motion for a resolution
Annex – Citation 24

~~– having regard to its resolution of 10 June 2015 on the situation in Hungary (2015/2700(RSP)), in particular paragraph 12,~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Recital 7

~~(7) Whereas there are several instruments for addressing the risk of a serious breach of Union values but they lack clear and objective benchmarks;~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 2

The ~~core elements of the~~ Union Pact on DRF shall consist of ~~the DRF Scoreboard, the DRF Semester, including a~~a European Report with country-specific recommendations and incorporating, where possible, the reporting of the FRA, the Council of Europe, and other relevant authorities in the field. An annual inter- parliamentary debate, on the basis of that ~~Scoreboard,~~European Report; and arrangements for remedying possible risks and breaches and for the activation of the preventative or corrective arms of Article 7 of the Treaty on European Union (TEU), and a DRF policy cycle within the institutions of the Union;

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Monika HOHLMEIER, Jeroen LENAERS

Motion for a resolution
Annex – Article 3

The ~~DRF Semester shall be expanded to~~Union Pact on DRF shall incorporate the Commission's Rule of Law Framework and the Council's Rule of Law Dialogue into a single Union instrument;

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Monika HOHLMEIER, Jeroen LENAERS

Motion for a resolution
Annex – Section I

DRF ~~Scoreboard~~European Report

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 4

An annual ~~scoreboard~~European Report on the state of DRF in the Member States shall be elaborated ~~by an independent panel of experts and adopted by the Commission;~~ and adopted with a two-thirds majority by an independent panel of experts and presented to the Commission for transmission to the European Parliament, the Council and national parliaments. The Commission may include its own assessment and recommendations in that transmission;

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 5

The DRF Scoreboard shall incorporate, replace and complete existing instruments, in particular the Justice Scoreboard, the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania, the Media Pluralism Monitor, the anti-corruption report and peer evaluation procedures based on Article 70 of the Treaty on the Functioning of the European Union (TFEU);deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 6 – introductory part

The DRF ~~Scoreboard~~European Report shall be drawn up using a variety of sources, including:

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Csaba SÓGOR, Mariya GABRIEL, Michał BONI, Elisabetta GARDINI

Motion for a resolution
Annex – Article 6 – paragraph 1 a (new)

All the contributions from the above- mentioned sources shall be made available to the public on the websites of the panel or the Commission.

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Monika HOHLMEIER, Jeroen LENAERS

Motion for a resolution
Annex – Article 7

~~The DRF Scoreboard shall contain a general part and country-specific reports, including recommendations.~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 8 – introductory part

The ~~Scoreboard shall be based on a set of indicators in three categories,~~European Report shall be presented in a harmonised format and accompanied by country-specific reports. and shall be elaborated with specific focus on:

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 8 – point 1

~~Indicators of democracy:~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 8 – point 8.2 – introductory part

~~8.2 Indicators for the Rule of Law:~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 8 – point 8.3 – introductory part

~~8.3 Fundamental Rights~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 9 – point 9.1

The DRF expert panel shall be composed of the following members: – by each Member State; – the federation of All European Academies (ALLEA); – European Network of National Human Rights Institutions (ENNHRI); – Venice Commission and the Council of Europe Human Rights Commissioner; – CEPEJ; – United Nations (UN) and the Organisation for Economic Co-operation and Development (OECD).one member designated by the parliament of each Member State. Members of the expert panel shall be individuals qualified for assuming the office of member of the constitutional Court, where applicable, or member of the respective supreme national courts. one independent expert designated ten academic experts designated by ten experts designated by the two experts each designated by the ten former judges designated by two experts each designated by the

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 9 – point 9.2

~~9.2 The DRF expert panel shall be chaired by the President of the FRA Scientific Committee.~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Csaba SÓGOR, Mariya GABRIEL, Michał BONI, Elisabetta GARDINI

Motion for a resolution
Annex – Article 9 – point 9.2 a (new)

9.2a The expert panel shall adopt the Report by a majority of two thirds of its members.

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 9 – point 9.3

9.3 In order to facilitate the development of the draft DRF ~~Scoreboard and draft~~European Report and country recommendations, the Commission shall provide a secretariat to the DRF expert panel, enabling it to function efficiently, in particular by gathering data and information sources to be reviewed and assessed, and by providing administrative support during the drafting process.

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Monika HOHLMEIER, Jeroen LENAERS

Motion for a resolution
Annex – Article 10 – introductory part

For each of the indicators, a score shall be given by each of the panellists to each of the Member States: satisfactory (green), risk (yellow), breach or violation (red). The final score shall be the average of the DRF expert panel. This scoring exercise shall be carried out on an anonymous and independent basis by each of the panellists in order to safeguard the independence of the DRF expert panel and the objectivity of the DRF Scoreboard. The members of the DRF expert panel may, however, consult with one another with a view to discussing methods and agreed standards.deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Monika HOHLMEIER, Jeroen LENAERS

Motion for a resolution
Annex – Article 10 – point 10.1

10.1 The indicators shall be reviewed annually and further elaborated, refined, enriched and modified, where necessary, by common accord between the Commission, the Council and the European Parliament, following consultation with the national parliaments, experts and civil society.deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 11 – introductory part

~~The DRF Scoreboard shall be adopted as follows:~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 11 – indent 1

– The draft DRF ~~Scoreboard~~European Report, including draft country-specific recommendations, shall be developed annually by the DRF expert panel;

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 11 – indent 2

– The DRF expert panel shall assess the data and information available ~~and allocate green, yellow and red scores to each of the DRF indicators~~ for each of the Member States or institutions of the Union under scrutiny;

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 11 – indent 3

– The draft DRF ~~Scoreboard~~European Report and draft country-specific recommendations shall be made public~~ally available~~;

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 11 – indent 4

– The Commission shall formally adopt the DRF ~~Scoreboard~~European Report and country- specific reports, including recommendations, and refer them to the Member States, the European Parliament and the Council as a basis for ~~the DRF Semester~~an interparliamentary debate.

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 11 – indent 4 a (new)

– If the country-specific report on a Member State includes the statement by the expert panel that there is a clear risk of a serious breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(1) TEU, the Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made public. The Commission shall start a dialogue with that Member State, taking into account the country specific report.

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 11 – indent 5 b (new)

– If the country-specific report on a Member State includes the statement by the expert panel that there is a serious and persistent breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(2) TEU. The Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made public.

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 12 – introductory part

The adoption of the DRF Scoreboard by the Commission shall initiate the DRF Semester, which shall aim at addressing the results of the DRF Scoreboard and recommendations included in country- specific reports, through the following steps:deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 12 – indent 1

– the European Parliament shall ~~hold~~organise an inter-parliamentary debate on the basis of the DRF ~~Scoreboard~~European Report, and adopt a resolution;

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 12 – indent 2

– the Council shall hold an annual debate, building upon its Rule of Law Dialogue, on the basis of the DRF ~~Scoreboard~~European Report and adopt Council conclusions, inviting national parliaments to provide a response to the DRF ~~Scoreboard~~European Report, proposals or reforms;

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 12 – indent 3

– on the basis of the DRF ~~Scoreboard~~European Report, the recommendations of the European Parliament and the Council conclusions, the Commission may decide to launch a "systemic infringement" action under Article 2 TEU and Article 258 TFEU, bundling several infringement cases together;

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 12 – indent 4

– on the basis of the DRF ~~Scoreboard~~European Report, the recommendations of the European Parliament and the Council conclusions, the Commission may decide to submit a proposal for an evaluation of the implementation by Member States of Union policies in the area of freedom, security and justice under Article 70 TFEU.

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 12 – point 12.1

~~12.1 On the basis of the DRF Scoreboard, if a Member State has a green score on all indicators, no further action shall be necessary.~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 12 – point 12.2

12.2 On the basis of the DRF Scoreboard, if a Member State receives one or more yellow scores, the Commission shall commence a dialogue with that Member State, building upon its Rule of Law Framework, taking into account the country-specific report.deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 12 – Point 12.2.1

12.2.1 Where a Member State has yellow scores on one third of the indicators, it shall be considered that there is a clear risk of a serious breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(1) TEU. The Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made public.deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 12 – point 12.3

12.3 On the basis of the DRF Scoreboard, where a Member State receives one or more red scores, the Commission will start a dialogue with that Member State, taking into account the country specific report.deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 12 – point 12.3.1

12.3.1 In case a Member State has red scores on more than one quarter of the indicators, or if it has red scores on one or more indicators over a period of at least two years, or if despite a dialogue with the Commission or an Article 7(1) procedure the number of red scores increases, it will be considered that there is a serious and persistent breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(2) TEU. The Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made publically available.deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Monika HOHLMEIER, Jeroen LENAERS

Motion for a resolution
Annex – Article 13

~~The DRF Scoreboard shall expire five years after its entry into force, unless the signatories decide to renew it for a period to be determined by them.~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Monika HOHLMEIER, Jeroen LENAERS

Motion for a resolution
Annex – Article 14 – introductory part

A ~~systematic fundamental rights~~n impact assessment on fundamental rights shall be included as an element of the impact assessment ~~shall be~~ carried out for ~~all~~ legislative proposals by the Commission, in accordance with Article 20 of the Interinstitutional Agreement on Better Regulation;

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 15

An interinstitutional impact assessment working group ('Working Group')shall be set up with a view to improving interinstitutional cooperation on impact assessments, and creating a fundamental rights and rule of law compliance culture. The panel shall consult with national experts at an early stage so as to better foresee the implementation challenges in Member States, as well as to help overcome different interpretations and understandings by the different institutions of the Union as regards the impact of fundamental rights and rule of law on legal acts of the Union. The Working Group shall build upon the "Guidelines on methodological steps to be taken to check fundamental rights compatibility at the Council preparatory bodies", 5377/15, Tool #24 from the Better Regulation Toolbox and Rule 38 of the Rules of Procedure of the European Parliament to ensure DRF compliance and promotion.

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Mariya GABRIEL, Michał BONI, Elisabetta GARDINI

Motion for a resolution
Annex – Article 16 – introductory part

The Report with country specific recommendations shall replace the annual reports of the Commission, the Council and the European Parliament relating to enforcement and compliance with the rule of law and fundamental rights by the institutions of the Union, s~~hall be included in the annual DRF policy cycle of the DRF Scoreboard~~uch as:

2016/06/24
Committee: LIBE

2015/2254(INL)

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 16 – introductory part

The annual reports of the Commission, the Council and the European Parliament relating to enforcement and compliance with the rule of law and fundamental rights by the institutions of the Union shall be included in the annual DRF policy cycle of the DRF ~~scoreboard~~European Report:

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Mariya GABRIEL, Michał BONI, Elisabetta GARDINI

Motion for a resolution
Annex – Article 16 –indent 3 a (new)

– Annual report on the situation of Fundamental rights in the EU.

2016/06/24
Committee: LIBE

2015/2147(INI)

Carlos COELHO, Michał BONI

Draft opinion
Paragraph 3

3. Highlights the fact that the fast-growing number of attacks on networks and acts of cybercrime calls for a harmonised EU response with a view to ensuring a high level of cybersecurity, namely through the adoption of the Network and Information Security (NIS) Directive1 a; believes that providing security on the internet means protecting networks and critical infrastructure (which requires stronger cooperation with national authorities and EU agencies), the ability of law enforcement agencies to fight criminality, including terrorism, radicalisation and child pornography, and the use of the necessary data to fight crime online and offline; stresses that security, thus defined and articulated with the right to privacy, is necessary to reinforce trust in digital services and the processing of personal data; __________________ 1aCOM(2013)048 final - Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning measures to ensure a high common level of network and information security across the Union

2015/10/20
Committee: LIBE

2015/2147(INI)

Michał BONI, Monika HOHLMEIER, Axel VOSS, Carlos COELHO, Tomáš ZDECHOVSKÝ, Barbara MATERA, Heinz K. BECKER, Kinga GÁL

Draft opinion
Paragraph 3 a (new)

3 a. Considers that the data protection rules and standards should be harmonised and comprehensive for all sectors and to this end, calls for swift revision and alignment of the ePrivacy Directive to the General Data Protection Regulation;

2015/10/20
Committee: LIBE

2015/2147(INI)

Henna VIRKKUNEN, Philippe JUVIN, Michał BONI

Draft opinion
Paragraph 4

4. Considers that a ~~cross-border taxation system is needed to create~~harmonisation of taxation levels could enhance the creation of a true European Single Market and to prevent the tax avoidance practices used by several digital platforms, as highlighted by recent inquiries; calls on the Commission to support extending the public country-by- country reporting regime on taxes for multinational companies to all sectors;

2015/10/19
Committee: ECON

2015/2147(INI)

Carlos COELHO, Michał BONI

Draft opinion
Paragraph 4

4. Considers that big data, cloud services, the Internet of Things, research and innovation are key to economic development; believes that data protection safeguards and security are crucial for building trust in the data-driven economy sector; stresses the need to raise awareness of the role of data and data-sharing in the economy and to clarify data ownership rules; underlines the role of personalisation of services and products that should be developed as a balanced solution in compliance with data protection requirements; calls for the promotion of privacy by default and by design; underlines the importance of a risk-based approach in data protection legislation, especially for SMEs and start-ups;

2015/10/20
Committee: LIBE

2015/2147(INI)

Michał BONI, Monika HOHLMEIER, Axel VOSS, Carlos COELHO, Tomáš ZDECHOVSKÝ, Barbara MATERA, Heinz K. BECKER, Kinga GÁL

Draft opinion
Paragraph 4

4. Considers that big data, cloud services, the Internet of Things, research and innovation are key to economic development; believes that data protection safeguards and security are crucial for building trust in the data-driven economy sector; stresses the need to raise awareness of the role of data and data-sharing in the economy and to clarify data ownership rules; underlines the role of personalisation of services and products that should be developed as a balanced solution in compliance with data protection requirements; calls for the promotion of privacy by default and by design; underlines the importance of a risk-based approach in data protection legislation, especially for SMEs; recognises that putting in place additional safeguards, such as pseudonymisation or anonymisation can help reduce risks and create support for processing when personal data are used by big data applications and online service providers;

2015/10/20
Committee: LIBE

2015/2147(INI)

Philippe JUVIN, Andreas SCHWAB, Ildikó GÁLL-PELCZ, Sven SCHULZE, Emil RADEV, Michał BONI, Henna VIRKKUNEN, Sabine VERHEYEN, Pascal ARIMONT

Motion for a resolution
Recital B

B. whereas all Union policies and legislations in the area of the Digital Single Market should allow new opportunities for users and businesses to emerge, especially within today’s service society, while taking a holistic approach that considers their social dimension as they inevitably involve structural changeoffer EU citizens a larger variety of cross-border services, stimulate the creation of innovative online services at competitive prices and facilitate easier access for businesses, and in particular SMEs, to cross-border markets;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Philippe JUVIN, Ildikó GÁLL-PELCZ, Sven SCHULZE, Carlos COELHO, Emil RADEV, Michał BONI, Henna VIRKKUNEN, Sabine VERHEYEN

Motion for a resolution
Recital B a (new)

Ba. whereas there is a strong need for an improved and robust digital economy in Europe. Barriers between Member States must be removed to create a real 'Digital Single Market' which constitutes one of the cornerstones of growth and employment in the EU;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Carlos COELHO, Michał BONI

Draft opinion
Paragraph 6

6. Supports the digitalisation of public services in Europe and the development of e-government, e-democracy and open data policies based on high data protection standards while ensuring public participation and consultation in these processes, as well as access and reuse of public documents; Recalls that e- government contributes for real participation, more transparent, accountable and efficient public administration as well as economic growth;

2015/10/20
Committee: LIBE

2015/2147(INI)

Michał BONI, Monika HOHLMEIER, Axel VOSS, Carlos COELHO, Tomáš ZDECHOVSKÝ, Barbara MATERA, Heinz K. BECKER, Kinga GÁL

Draft opinion
Paragraph 7

7. Calls for steps to be taken to ensure high standards of data protection when pursuing cooperation with the third countries within the Digital Single Market Strategy; calls on the Commission to swiftly ensure a coherent and permanent framework for safe international transfer of data as it is necessary for legal certainty, as well as to unlock the full potential of the Digital Single Market, while at the same time guaranteeing a high level of protection of personal data for EU citizens, and which could be a good reference point for future global solutions.

2015/10/20
Committee: LIBE

2015/2147(INI)

Danuta JAZŁOWIECKA, Michał BONI

Draft opinion
Paragraph 6 a (new)

6a. Calls on the Commission to quickly take the initiative to amend the law to reflect technological progress and eliminate a serious obstacle to the development of the e-book and e-paper market;

2015/10/19
Committee: ECON

2015/2147(INI)

Dariusz ROSATI, Michał BONI

Draft opinion
Paragraph 6 c (new)

6c. Calls on the Commission to prepare a bold proposal to review the VAT Directive (2006/112/EC) in order to make cross- border VAT system clearer and less burdensome for businesses, especially SMEs.

2015/10/19
Committee: ECON

2015/2147(INI)

Michał BONI, Krišjānis KARIŅŠ, Henna VIRKKUNEN, Françoise GROSSETÊTE, Antonio TAJANI, Roberta METSOLA, Anne SANDER, Barbara KAPPEL, Markus PIEPER, Anna Maria CORAZZA BILDT, Danuta Maria HÜBNER, Philippe JUVIN

Motion for a resolution
Recital D

D. whereas a high and consistent level of consumer protection and satisfaction across all digital services necessarily entails choice, flexibility, information and trust in a secure online environment with high-level of data protection;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Philippe JUVIN, Ildikó GÁLL-PELCZ, Sven SCHULZE, Carlos COELHO, Emil RADEV, Michał BONI, Henna VIRKKUNEN, Sabine VERHEYEN, Pascal ARIMONT

Motion for a resolution
Recital D c (new)

Dc. whereas a regulatory environment which better incentivizes investments in fixed and mobile electronic communications infrastructures is an essential requirement for a flourishing Digital Single Market; Widely available advanced communications infrastructures is essential for an inclusive digital economy;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Michał BONI, Krišjānis KARIŅŠ, Henna VIRKKUNEN, Françoise GROSSETÊTE, Pilar DEL CASTILLO VERA, Antonio TAJANI, Adina VĂLEAN, Gunnar HÖKMARK, Anne SANDER, Barbara KAPPEL, Markus PIEPER, Anna Maria CORAZZA BILDT, Danuta Maria HÜBNER

Motion for a resolution
Recital D a (new)

Da. whereas 5G is the key to a connected society and the services of tomorrow, enabling whole new fields of application and innovative solutions for society;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Motion for a resolution
Recital D a (new)

Da. whereas the timely roll-out of future communication networks in Europe, such as 5G will depend on the creation of an investment-conducive environment;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Michał BONI, Krišjānis KARIŅŠ, Henna VIRKKUNEN, Antonio TAJANI, Barbara KAPPEL, Markus PIEPER

Motion for a resolution
Paragraph 1

1. Welcomes the Communication on ‘A Digital Single Market Strategy for Europe’; believes that the horizontal approach taken needs to be strengthened in its implementation as the digital ~~sector~~drivers affects every dimension of society and the economy;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Michał BONI, Henna VIRKKUNEN, Philippe JUVIN

Motion for a resolution
Paragraph 1 a (new)

1a. Believes that this "digital revolution" can bring enormous positive changes to the European economy, by raising productivity, dramatically reducing marginal costs for companies, creating millions of jobs and bringing unprecedented new economic opportunities; Is of the opinion that those opportunities can only be embraced through concerted efforts of the European institutions, Member States, business and the society;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Pilar DEL CASTILLO VERA, Krišjānis KARIŅŠ, Michał BONI, Adina VĂLEAN, Henna VIRKKUNEN, Carlos COELHO, Antonio LÓPEZ-ISTÚRIZ WHITE, Philippe JUVIN

Motion for a resolution
Paragraph 1 a (new)

1a. Stresses that in order for Europe to fully seize the potential for growth, jobs and global competitiveness in all sectors of the economy of new developments or technologies such as Cloud Computing, 5G development, Big Data or the Internet of Things, the completion of the Digital Single Market must be a priority;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Michał BONI, Henna VIRKKUNEN, Andreas SCHWAB, Pilar DEL CASTILLO VERA, Antonio TAJANI, Markus PIEPER

Motion for a resolution
Paragraph 2

2. Believes that better regulation ~~should help to examine policy through a digital lens and facilitate the adaptation of legislation and enforcement frameworks in the light of~~in the digital age requires principle-based legislation coupled with complementary non-regulatory actions to effectively adapt to new technologies and new business models to prevent fragmentation of the single market;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Michał BONI, Krišjānis KARIŅŠ, Henna VIRKKUNEN, Françoise GROSSETÊTE, Pilar DEL CASTILLO VERA, Antonio TAJANI, Anne SANDER, Markus PIEPER, Danuta Maria HÜBNER, Philippe JUVIN

Motion for a resolution
Paragraph 3

3. Considers that users’ trust in digital services is vital to innovation and growth in the digital economy and that reinforcing that trust, i.e. through data protection and security standards, should be at the basis of both public policy and business models;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Kaja KALLAS, Michael THEURER, Dita CHARANZOVÁ, Cora van NIEUWENHUIZEN, Fredrick FEDERLEY, Angelika MLINAR, Pavel TELIČKA, Michał BONI, Philippe DE BACKER, Juan Carlos GIRAUTA VIDAL, Antanas GUOGA, Ulla TØRNÆS, Marietje SCHAAKE, Morten PETERSEN, Henna VIRKKUNEN

Motion for a resolution
Paragraph 4

4. Stresses the urgent need for the Commission and Member States to promote a more dynamic economy for innovation to flourish and for companies to scale up, through the development of e- government, a modernised regulatory framework fit for the emergence and scale- up of innovative businesses, improved access to finance for start-ups and SMEs, and a long term investment strategy in infrastructure, skills, research and innovation;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Michał BONI, Krišjānis KARIŅŠ, Henna VIRKKUNEN, Andreas SCHWAB, Pilar DEL CASTILLO VERA, Antonio TAJANI, Adina VĂLEAN, Roberta METSOLA, Barbara KAPPEL, Anna Maria CORAZZA BILDT, Danuta Maria HÜBNER, Philippe JUVIN

Motion for a resolution
Paragraph 4

4. Stresses the urgent need for the Commission and Member States to promote a more dynamic economy for innovation to flourish and for companies to scale up, through the development of e- government, a modernised regulatory ~~framework~~and non-regulatory framework for the digital economy that is fit for investments in enhanced digital infrastructures fit for the emergence and scale- up of innovative businesses, and a long term investment strategy into boost digital infrastructure, skills, research and innovation;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Michał BONI, Henna VIRKKUNEN, Françoise GROSSETÊTE, Pilar DEL CASTILLO VERA, Antonio TAJANI, Roberta METSOLA, Anne SANDER, Barbara KAPPEL, Markus PIEPER, Carlos ZORRINHO, Danuta Maria HÜBNER

Motion for a resolution
Paragraph 4 a (new)

4a. Calls on the Commission to support the digitalisation of industry through an agenda for smart industry, including by facilitating EU and global standards- setting and interoperability;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Pilar DEL CASTILLO VERA, Carlos COELHO, Michał BONI, Antonio LÓPEZ-ISTÚRIZ WHITE, Philippe JUVIN

Motion for a resolution
Paragraph 4 a (new)

4a. Believes that a long term investment strategy in infrastructure, skills and services combined with a comprehensive Text and Data Mining legal framework are needed to support open science and innovation, and leverage both public and private investments in research;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Philippe JUVIN, Ildikó GÁLL-PELCZ, Sven SCHULZE, Emil RADEV, Michał BONI, Henna VIRKKUNEN, Sabine VERHEYEN, Pascal ARIMONT

Motion for a resolution
Paragraph 4 a (new)

4a. Stresses the need for cross-border financial instruments of venture capital which can support innovative SMEs in the scale up phase encouraging the emergence of European leaders in this new digital environment.

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Michał BONI, Krišjānis KARIŅŠ, Henna VIRKKUNEN, Françoise GROSSETÊTE, Pilar DEL CASTILLO VERA, Antonio TAJANI, Kaja KALLAS, Roberta METSOLA, Anne SANDER, Barbara KAPPEL, Markus PIEPER, Danuta Maria HÜBNER

Motion for a resolution
Paragraph 5

5. Calls on the Commission, in cooperation with Member States, to further develop initiatives to boost entrepreneurship that range from changing the mind-set on how success is defined to promoting an entrepreneurial and innovation culture; believes, in addition, that the diversity and specific attributes of the different national innovation hubs could be turned into a real competitive advantage for the EU on the global market if they are effectively interconnected;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Michał BONI, Henna VIRKKUNEN, Philippe JUVIN

Motion for a resolution
Paragraph 5

5. Calls on the Commission, in cooperation with Member States, to further develop initiatives to boost entrepreneurship that range from changing the mind-set on how success is defined to promoting an entrepreneurial and innovation culture; believes, in addition, that the diversity and specific attributes of the different national innovation hubs could be turned into a real competitive advantage for the EU if they are effectively interconnected; therefore more focus should be put on building innovative ecosystems where different sectors, i.e. financial, medical, transport, real estate, biotechnology, of the economy cooperate together in implementing new technologies; in this respect involvement of financial instruments, such as, venture capital for best projects is crucial;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Philippe JUVIN, Ildikó GÁLL-PELCZ, Sven SCHULZE, Michał BONI, Henna VIRKKUNEN, Sabine VERHEYEN, Pascal ARIMONT

Motion for a resolution
Paragraph 6

6. Is concerned ~~about~~by the different national approaches taken ton regulating the internet and the sharing economy; urges the Commission to take action to preserve the integrity of the single market and the internet as an trusted and secured open and global platform for communication and innovation while safeguarding citizens' interest in consistent consumer protection standards across all digital services and fair competition in the digital economy;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Michał BONI, Françoise GROSSETÊTE, Pilar DEL CASTILLO VERA, Antonio TAJANI, Roberta METSOLA, Anne SANDER, Markus PIEPER, Philippe JUVIN

Motion for a resolution
Paragraph 6

6. Is concerned about the different national approaches taken to regulating the internet and the sharing economy; urges the Commission to take action to preserve the integrity of the single market and the internet as an open and global platform for communication and innovation as well as safeguard citizens' interest in consistent consumer protection standards across all digital services and fair competition in the digital economy;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Michał BONI, Henna VIRKKUNEN, Françoise GROSSETÊTE, Pilar DEL CASTILLO VERA, Antonio TAJANI, Adina VĂLEAN, Gunnar HÖKMARK

Motion for a resolution
Paragraph 6 a (new)

6a. Calls on the Commission to set ambitious and firm targets for 5G rollout, setting as European milestone - for inspiring a speedy development of 5G;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Krišjānis KARIŅŠ, Henna VIRKKUNEN, Michał BONI, Evžen TOŠENOVSKÝ, Marek Józef GRÓBARCZYK, Miloslav RANSDORF, Pilar DEL CASTILLO VERA

Motion for a resolution
Paragraph 6 a (new)

6a. Calls on the Commission to put emphasis on the implementation of the European Commission's Better Regulation program so that all the legislative initiatives undertaken in the framework of the strategy for a digital single market meet the requirements of the program. This is particularly important in the digital environment, where excessive regulations cannot go hand in hand with innovation and where dynamic changes of the environment require efficient and technologically neutral solutions, able to survive the test of time;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Henna VIRKKUNEN, Philippe JUVIN, Krišjānis KARIŅŠ, Michał BONI, Deirdre CLUNE, Sven SCHULZE, Sabine VERHEYEN

Motion for a resolution
Paragraph 7

7. Welcomes the Commission’s initiative to improve the legal protection of consumers as regards intangible digital content; points out that while consumers buying tangible digital content are protected by consumer protection laws, consumer rights when buying intangible digital content remain largely unregulated; agrees that consumers should enjoy a comparable level of protection regardless of whether they purchase digital content online or offline and whether they purchase tangible or intangible goods, products or content;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Philippe JUVIN, Ildikó GÁLL-PELCZ, Sven SCHULZE, Emil RADEV, Michał BONI, Sabine VERHEYEN, Henna VIRKKUNEN, Pascal ARIMONT

Motion for a resolution
Paragraph 7 e (new)

7e. Believes that better consumer protection has to be balanced with the needs and capacities of business, in particular small and medium-sized enterprises. The rights and obligations of consumers and businesses go hand-in- hand and must come to a fair balance for both sides;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Philippe JUVIN, Ildikó GÁLL-PELCZ, Sven SCHULZE, Constance LE GRIP, Michał BONI, Henna VIRKKUNEN, Marc JOULAUD

Motion for a resolution
Paragraph 7 d (new)

7d. Believes that building a truly inclusive Digital Single Market requires the interoperability of systems, the use of common standards and the application of the same rules online as offline;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Kaja KALLAS, Michael THEURER, Dita CHARANZOVÁ, Cora van NIEUWENHUIZEN, Fredrick FEDERLEY, Angelika MLINAR, Pavel TELIČKA, Michał BONI, Philippe DE BACKER, Juan Carlos GIRAUTA VIDAL, Antanas GUOGA, Ulla TØRNÆS, Marietje SCHAAKE, Morten PETERSEN

Motion for a resolution
Paragraph 7 a (new)

7a. Stresses the importance for consumers to be better informed of the use of their data, in particular in the case of free services;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Henna VIRKKUNEN, Philippe JUVIN, Krišjānis KARIŅŠ, Michał BONI, Deirdre CLUNE, Sven SCHULZE

Motion for a resolution
Paragraph 8

8. ~~Believes that a full harmonisation of~~Emphasises that developing the rules and the legal framework ~~gov~~concerning online sales irrespective of whether they are cross- border or domestic sales, while maintaining the coherence of online and offline rules regarding legal remedies, constitutes the most practical and proportionate approachshould be done in a technology neutral manner, which allows consumers and businesses to choose the appropriate technology for each purpose; welcomes the efforts to boost e-commerce irrespective whether cross-border or domestic sales;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Henna VIRKKUNEN, Philippe JUVIN, Krišjānis KARIŅŠ, Michał BONI, Deirdre CLUNE, Sven SCHULZE, Sabine VERHEYEN

Motion for a resolution
Paragraph 9

9. Considers that there is a risk that the Commission’s proposals entail a growing disparity between the applicable legal standards for offline and online purchases; believes that online and offline sales should be treated equally and that the consumer protection framework should be updated for the digital age to ensure a level playing field for consumers and for businesses;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Henna VIRKKUNEN, Philippe JUVIN, Krišjānis KARIŅŠ, Michał BONI, Deirdre CLUNE, Sven SCHULZE

Motion for a resolution
Paragraph 11

11. ~~Is sceptical about the legal nature of~~Believes that the model contracts regarding online sales of tangible goods ~~in the absence of statutory regulation~~could be one of the tools to spread best practices;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Kaja KALLAS, Michael THEURER, Cora van NIEUWENHUIZEN, Fredrick FEDERLEY, Angelika MLINAR, Pavel TELIČKA, Michał BONI, Philippe DE BACKER, Juan Carlos GIRAUTA VIDAL, Antanas GUOGA, Marietje SCHAAKE, Morten PETERSEN

Motion for a resolution
Paragraph 14

14. Calls for an ambitious enforcement framework for the Services Directive; encourages the Commission to make use of all means at its disposal to ensure the full and correct implementation of existing rules, including developing enforcement guidelines to ensure, in particular ,uniform application of the mutual recognition principle in the field of services and fast-track infringement procedures whenever incorrect or insufficient implementation of the directive is identified;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Motion for a resolution
Paragraph 15 a (new)

15a. With regard to price transparency, it should be stressed that it is not the operator who charges the delivery price to the consumer but the e-seller. That fee often does not reflect the actual price paid by the e-seller to the operator, burdening the consumer with a significantly higher price. Calls on the Commission and the Member States to take action to increase consumer awareness as to the cost structure of parcel delivery, which should have a positive impact on competition between e-sellers and thereby help to reduce delivery charges;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Michał BONI, Henna VIRKKUNEN, Barbara KAPPEL, Markus PIEPER, Anna Maria CORAZZA BILDT, Danuta Maria HÜBNER, Philippe JUVIN

Motion for a resolution
Paragraph 15 b (new)

15b. With regard to regulatory oversight, stresses that any intervention facilitating the development of the Digital Single Market should be balanced with respect to the Commission’s competence to ensure universal service in the Member States. Notes that full implementation of the existing instruments and provisions laid down in the Postal Services Directive is necessary for the proper functioning of the postal market in Europe;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Motion for a resolution
Paragraph 16

16. Considers that ambitious actions are needed to improve EU-wide access to legal digital content, in particular by ending geo- blocking practices and unfair price discrimination based on geographical location;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Michał BONI, Henna VIRKKUNEN, Markus PIEPER, Danuta Maria HÜBNER

Motion for a resolution
Paragraph 17

17. Supports in particular the Commission’s planned scrutiny of the practical enforcement of Article 20(2) of the Services Directive in order to analyse possible patterns of discrimination against consumers based on their country of residence or on the country of getting access to content; calls on the Commission to identify and define concise case groups of justified discrimination under Article 20(2) of the Services Directive in order to outlaw unjustified discriminatory behaviour by private entities and in order to provide interpretative assistance to authorities responsible for applying Article 20(2) in practice; calls on the Commission to make concerted efforts to add the provision of Article 20(2) to the Annex of Regulation (EC) No 2006/2004 in order to utilise the Consumer Protection Cooperation Network’s investigation and enforcement powers;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Michał BONI, Françoise GROSSETÊTE, Barbara KAPPEL, Markus PIEPER, Danuta Maria HÜBNER, Barbara KAPPEL

Motion for a resolution
Paragraph 19

19. Emphasises that incentivising private investments in fast and ultra-fast communication networks is a requirement for any digital progress~~, with competition remaining the main driver of~~ especially in industry 4.0, IoT, mhealth and telemedicine solutions. To this end, while safeguarding sustainable competition, the EU should put in place a regulatory framework which incentivises infrastructure investments, innovation, and affordable prices and choices for consumers; considers that ~~little evidence exist~~policy makers should carefully assess, in the still fragmented European telecommunications market, ~~of a link~~the relationship between consolidation of operators and increased investment in networks;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Krišjānis KARIŅŠ, Henna VIRKKUNEN, Michał BONI, Evžen TOŠENOVSKÝ, Marek Józef GRÓBARCZYK, Patrizia TOIA, Miloslav RANSDORF, Pilar DEL CASTILLO VERA, Dan NICA

Motion for a resolution
Paragraph 19

19. Emphasises that incentivising private investments in fast and ultra-fast communication networks, especially in rural and remote areas, is a requirement for any digital progress, with competition remaining the main driver of infrastructure investments, innovation, affordable prices and choices for consumers; considers that little evidence exists, in the still fragmented European telecommunications market, of a link between consolidation of operators and increased investment in networks;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Pilar DEL CASTILLO VERA, Michał BONI, Adina VĂLEAN, Antonio LÓPEZ-ISTÚRIZ WHITE, Philippe JUVIN

Motion for a resolution
Paragraph 19

19. Emphasises that incentivising private investments in fast and ultra-fast communication networks is a requirement for any digital progress~~, with competition remaining the main driver of~~ and that consequently there is a need to foster competition at all levels, including new infrastructure deployment; Notes that the EU's regulatory framework must incentivise infrastructure investments, innovation, affordable prices and choices for consumers; considers that little evidence exists, in the still fragmented European telecommunications market, of a link between consolidation of operators and increased investment in networks; Considers that a stable and predictable regulatory environment is a precondition that must be guaranteed in order to promote the much needed investment;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Henna VIRKKUNEN, Philippe JUVIN, Michał BONI, Deirdre CLUNE, Sven SCHULZE, Sabine VERHEYEN

Motion for a resolution
Paragraph 19 a (new)

19a. Considers that where private investment alone cannot be ensured, citizens and businesses need to be enabled to participate in the Digital Single Market through other measures; an ambitious goal on full Internet coverage should be set;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Kaja KALLAS, Michael THEURER, Dita CHARANZOVÁ, Cora van NIEUWENHUIZEN, Fredrick FEDERLEY, Angelika MLINAR, Pavel TELIČKA, Michał BONI, Philippe DE BACKER, Juan Carlos GIRAUTA VIDAL, Antanas GUOGA, Ulla TØRNÆS, Marietje SCHAAKE, Morten PETERSEN

Motion for a resolution
Paragraph 19 a (new)

19a. Stresses the importance of a successful implementation of EFSI in targeting projects with higher-risk profiles to maximise investments in digital infrastructure and better attract private investments for innovative companies; a particular focus should be given to information and support of innovative entrepreneurs, at the different funding stages of development of the company;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Adina VĂLEAN, Antonio TAJANI, Michał BONI, Pilar DEL CASTILLO VERA, Paul RÜBIG, Henna VIRKKUNEN

Motion for a resolution
Paragraph 19 a (new)

19a. Notes that the development of new services such as the Internet of Things requires new flexible, future focused policies that allow the Internet of Things to develop its potential for economic and social development in all countries;

2015/10/21
Committee: ITRE IMCO

2015/2147(INI)

Michał BONI, Krišjānis KARIŅŠ, Henna VIRKKUNEN, Françoise GROSSETÊTE, Antonio TAJANI, Roberta METSOLA, Anne SANDER, Barbara KAPPEL, Markus PIEPER, Danuta Maria HÜBNER

Motion for a resolution
Paragraph 20

20. Stresses that ~~sinc~~while the development of over-the-top and other digital services hasve increased demand and competition to the benefit of consumers, ~~modernisation of the telecommunication framework should~~consumer protection standards are fragmented. Therefore modernisation of the telecommunication framework should aim at consistent level of consumer rights across digital industry, not lead to more regulatory burdens, ~~but shoul~~and drive innovation and fair competition across digital markets;

2015/10/22
Committee: ITRE IMCO

2015/2147(INI)

Henna VIRKKUNEN, Philippe JUVIN, Andreas SCHWAB, Michał BONI, Deirdre CLUNE, Sven SCHULZE, Sabine VERHEYEN

Motion for a resolution
Paragraph 20

20. Stresses that since the development of over-the-top services has increased demand and competition to the benefit of consumers, modernisation of the telecommunication framework should not lead to more regulatory burdens, but should drive innovation and fair competition; emphasises the importance of regulatory simplicity and predictability to boost infrastructure investments and to ensure similar rules for similar services;

2015/10/22
Committee: ITRE IMCO

2015/2147(INI)

Michał BONI, Barbara KAPPEL, Markus PIEPER, Anna Maria CORAZZA BILDT, Danuta Maria HÜBNER

Motion for a resolution
Paragraph 21

21. Calls as a priority for a harmonised framework for spectrum allocation ~~to boost long-term infrastructure investments~~including harmonised rules for allocation design, allocation timeframes, license conditions and spectrum use to boost long-term infrastructure investments as well as simplify conditions for deployment of WI-FI hotspot networks and small cells; Emphasis that Europe should benefit from opportunities in the consolidation of the European telecom market; Further point out that the spectrum is an essential resource for the Internet of Everything era;

2015/10/22
Committee: ITRE IMCO

2015/2147(INI)

Pilar DEL CASTILLO VERA, Michał BONI, Adina VĂLEAN, Antonio LÓPEZ-ISTÚRIZ WHITE

Motion for a resolution
Paragraph 21

21. ~~Calls as a priority for a harmonised framework for spectrum allocation~~Highlights that Radio spectrum is a critical resource for the internal market for mobile, wireless broadband communications in the Union and essential for the future competitiveness of the European Union; Stresses that it is urgent and crucial to address the conditions and procedures for granting spectrum licenses for wireless broadband communications, as well as the use of unlicensed spectrum at European level; Calls as a priority for a harmonised framework for allocation, use and management of spectrum for electronic communications as well as for setting a minimum period of 25 years for spectrum rights and eliminating administrative costs for trading and leasing of harmonised spectrum to boost long-term infrastructure investments;

2015/10/22
Committee: ITRE IMCO

2015/2147(INI)

Anne SANDER, Michał BONI, Françoise GROSSETÊTE

Motion for a resolution
Paragraph 21 a (new)

21a. Considers that the rapid development of the Internet of Things might cause a spectrum congestion in the future; supports the European Commission initiative to conduct a thorough analysis of standardization and operating requirements of spectrum for connected objects;

2015/10/22
Committee: ITRE IMCO

2015/2147(INI)

Motion for a resolution
Paragraph 21 e (new)

21e. Points out that a harmonised, forward-looking and predictable spectrum management environment is critical for the long term investments necessary for 5G access networks to be rolled out;

2015/10/22
Committee: ITRE IMCO

2015/2147(INI)

Adina VĂLEAN, Michał BONI

Motion for a resolution
Paragraph 21 f (new)

21f. Urges the Commission to push forward with 5G to ensure European leadership; emphasises the need for harmonised radio spectrum to ensure global interoperability regarding 5G rollout;

2015/10/22
Committee: ITRE IMCO

2015/2147(INI)

Kaja KALLAS, Michael THEURER, Cora van NIEUWENHUIZEN, Fredrick FEDERLEY, Dita CHARANZOVÁ, Pavel TELIČKA, Michał BONI, Philippe DE BACKER, Juan Carlos GIRAUTA VIDAL, Antanas GUOGA, Marietje SCHAAKE, Morten PETERSEN

Motion for a resolution
Paragraph 22

22. Stresses that the uniform enforcement of the Connected Continent package, including the ~~end of roaming surcharges and the net neutrality principle, requires the establishment of a single European telecommunications regulator~~net neutrality principle and the end of roaming surcharges, is essential to the functioning of the single market ;

2015/10/22
Committee: ITRE IMCO

2015/2147(INI)

Kaja KALLAS, Michael THEURER, Fredrick FEDERLEY, Pavel TELIČKA, Michał BONI, Philippe DE BACKER, Juan Carlos GIRAUTA VIDAL, Antanas GUOGA, Marietje SCHAAKE, Morten PETERSEN

Motion for a resolution
Paragraph 22 a (new)

22a. Calls on the Commission, in order to deepen the internal market for telecommunications, to establish a single European telecommunications regulator through a strengthening of the role and decisions of BEREC, in particular in enforcement of EU telecommunication rules, oversight of the single market and crossborder disputes ;

2015/10/22
Committee: ITRE IMCO

2015/2147(INI)

Motion for a resolution
Paragraph 22 a (new)

22a. Urges the Commission to address convergence of telecoms and audio-visual markets in updating the telecommunications framework;

2015/10/22
Committee: ITRE IMCO

2015/2147(INI)

Michał BONI, Henna VIRKKUNEN, Pilar DEL CASTILLO VERA, Antonio TAJANI, Barbara KAPPEL, Markus PIEPER, Danuta Maria HÜBNER

Motion for a resolution
Paragraph 23

23. Urges the Commission to develop an innovation-friendly policy that fosters fair competition between, and innovation in, online platforms; considers that the priorities should be transparency, facilitation of switching between platforms or online services~~, access to platforms,~~ non-discrimination and access to platforms for end-users as well as B2B multichannel commerce platforms and identifying and addressing barriers to the emergence and scale-up of platforms;

2015/10/22
Committee: ITRE IMCO

2015/2147(INI)

Pilar DEL CASTILLO VERA, Krišjānis KARIŅŠ, Michał BONI, Adina VĂLEAN, Carlos COELHO, Antonio LÓPEZ-ISTÚRIZ WHITE

Motion for a resolution
Paragraph 23 a (new)

23a. Emphasises that in order to foster innovation and competitiveness consumers must be able to access their data, transport it, and use it in any device, application, or operating system in a seamless way; Calls upon the European Commission to put forward proposals that guarantee the interoperability of services and applications and the portability of the consumers digital life;

2015/10/22
Committee: ITRE IMCO

2015/2147(INI)

Michał BONI, Krišjānis KARIŅŠ, Antonio TAJANI, Adina VĂLEAN, Barbara KAPPEL, Markus PIEPER, Anna Maria CORAZZA BILDT, Danuta Maria HÜBNER

Motion for a resolution
Paragraph 24

24. Appreciates the Commission’'s initiative to analyse the role of platforms in the Digital Economy as part of the upcoming Internal Market Strategy, ensuring a comprehensive and similar approach to framework across the digital market; considers that "a one size fits all" solution may have a chilling effect on innovation and put European companies at a competitive disadvantage in the global economy; underlines the need of appropriate application of tools existing in the current legislation in this field;

2015/10/22
Committee: ITRE IMCO

2015/2147(INI)

Kaja KALLAS, Michael THEURER, Dita CHARANZOVÁ, Cora van NIEUWENHUIZEN, Fredrick FEDERLEY, Angelika MLINAR, Pavel TELIČKA, Michał BONI, Philippe DE BACKER, Juan Carlos GIRAUTA VIDAL, Antanas GUOGA, Ulla TØRNÆS, Marietje SCHAAKE, Morten PETERSEN

Motion for a resolution
Paragraph 24

24. Appreciates the Commission’s initiative to analyse the role of platforms in the Digital Economy as part of the ~~upcoming Internal Market Strategy~~Digital Single Market Strategy that should aim at identifying specific and defined problems within specific business areas; Stresses that taking a "one size fits all" approach in light of the diversity of platforms, and the growth potential in particular of B2B platforms, could seriously impede innovation;

2015/10/22
Committee: ITRE IMCO

2015/2147(INI)

Pilar DEL CASTILLO VERA, Krišjānis KARIŅŠ, Michał BONI, Adina VĂLEAN, Henna VIRKKUNEN, Antonio LÓPEZ-ISTÚRIZ WHITE

Motion for a resolution
Paragraph 24 a (new)

24a. Stresses that a thorough analysis of different types of 'Sharing Economy' platforms, as part of the upcoming Internal Market Strategy, should be carried out, with a view to ensuring that relevant legislation allows the development of these services to enable new forms of consumption and production, while at the same time, high levels of consumer protection must be maintained;

2015/10/22
Committee: ITRE IMCO

2015/2147(INI)

Michał BONI, Kaja KALLAS, Roberta METSOLA, Barbara KAPPEL, Markus PIEPER

Motion for a resolution
Paragraph 25 a (new)

25a. Stress that appropriate intermediary liability protections have underpinned the development of an open internet and are crucial for the protection of fundamental rights in particular freedom of expression;

2015/10/22
Committee: ITRE IMCO

2015/2147(INI)

Michał BONI, Henna VIRKKUNEN, Françoise GROSSETÊTE, Antonio TAJANI, Roberta METSOLA, Anne SANDER, Barbara KAPPEL, Markus PIEPER, Danuta Maria HÜBNER

Motion for a resolution
Paragraph 26

26. Considers, in order to ensure trust in digital services, that increased resources from the public and private sector are required to strengthen the security of IT systems, critical infrastructure and online networks and the encryption of communication, to improve cyber-attack prevention and to increase knowledge of basic security processes among users of digital services; calls for the harmonised EU response in the area of cybersecurity;

2015/10/22
Committee: ITRE IMCO

2015/2147(INI)

Philippe JUVIN, Ildikó GÁLL-PELCZ, Sven SCHULZE, Michał BONI, Lefteris CHRISTOFOROU, Sabine VERHEYEN, Henna VIRKKUNEN, Pascal ARIMONT

Motion for a resolution
Paragraph 26

26. Considers, in order to ensure trust and security in digital services, that increased resources from the public and private sector are required to strengthen the security of IT systems ~~and~~, internet platforms, online networks and the encryption of communication, to improve cyber-attack prevention and to increase awareness of the risks and knowledge of basic security processes among users of digital services, inter alia via public-private partnership;

2015/10/22
Committee: ITRE IMCO

2015/2147(INI)

Motion for a resolution
Paragraph 26 a (new)

26a. Notes that given the borderless nature of the digital environment there is a need to ensure coherence and coordination between regulators, law enforcement agencies and the judicial system within the EU;

2015/10/22
Committee: ITRE IMCO

2015/2147(INI)

Henna VIRKKUNEN, Philippe JUVIN, Krišjānis KARIŅŠ, Andreas SCHWAB, Michał BONI, Deirdre CLUNE, Sven SCHULZE, Sabine VERHEYEN

Motion for a resolution
Paragraph 26 a (new)

26a. Believes that a thriving European Digital Economy is a cornerstone for boosting job creation and growth in the EU and that it is fundamental also to the modernisation of traditional industry; notes the important role of SMEs as enablers of job creation and welcomes the development of new business models and services;

2015/10/22
Committee: ITRE IMCO

2015/2147(INI)

Henna VIRKKUNEN, Philippe JUVIN, Krišjānis KARIŅŠ, Andreas SCHWAB, Michał BONI, Deirdre CLUNE, Sven SCHULZE, Sabine VERHEYEN

Motion for a resolution
Paragraph 26 b (new)

26b. Stresses that the digitalisation of other industries including manufacturing, the energy and transport sectors, the retail sector and SMEs, public services and education needs to be actively strengthened;

2015/10/22
Committee: ITRE IMCO

2015/2132(BUD)

Draft opinion
Paragraph 1

1. Welcomes the increase of the Asylum, Migration and Integration Fund (AMIF) by 31,2% in commitments and 35% in payments compared with 2015; considers that this increase adds to the need to ensure a fair and transparent distribution of funding between the different objectives of AMIF; ~~considers it necessary to establish separate budget lines covering the four specific objectives of AMIF and one new budget line for the urgent relocation mechanism;~~

2015/08/26
Committee: LIBE

2015/2132(BUD)

Draft opinion
Paragraph 1 a (new)

1a. Welcomes the increase of ISF as the border protection and security are key issues for the Union, including enhancing security agenda and European Counter Terrorist Centre.

2015/08/26
Committee: LIBE

2015/2132(BUD)

Draft opinion
Paragraph 2

2. Is of the opinion that, instead of the current ad-hoc decision-making, a more long-term approach to search and rescue operations is necessary~~; proposes, therefore, a new budget line for an EU Search and Rescue Fund to cover such operations~~ as well as to the Union external border security;

2015/08/26
Committee: LIBE

2015/2132(BUD)

Draft opinion
Paragraph 3

3. ~~Welcome~~Supports the proposal to mobilise the flexibility instrument to finance part of the urgent relocation mechanism ~~but~~; considers that the ceiling for Heading 3 must be increased further to enable the EU to fulfil its obligations in the area of asylum and migration; calls on the Commission in this context to revise the MFF during the midterm review in 2017;

2015/08/26
Committee: LIBE

2015/2132(BUD)

Draft opinion
Paragraph 4

4. Considers that the relevant JHA agencies EASO, Eurojust, Frontex and Europol should not be subject to reduction or redeployment of staff; believes that EASO, Eurojust, Frontex and Europol requires additional staff to fulfil its increasing obligations particularly with regard to the urgent relocation mechanisms and organized crime; expresses its disappointment that the Commission is reducing the staff of these agencies against its previous announcement;

2015/08/26
Committee: LIBE

2015/2132(BUD)

Monika HOHLMEIER, Tomáš ZDECHOVSKÝ, Barbara MATERA, Mariya GABRIEL, Michał BONI

Draft opinion
Paragraph 5

5. Welcomes the proposed increase for Frontex as it allows for the extension of the Triton and Poseidon operations; ~~proposes the creation of a separate budget line for those Frontex joint operations to increase their transparency~~expects the Commission to provide full transparency of their spending and the use of their financial resources on the different missions;

2015/08/26
Committee: LIBE

2015/2132(BUD)

Draft opinion
Paragraph 6

6. Stresses that the budgetary impact of the measures presented as part of the European Agenda on Security, in particular with regard to Europol and its related tasks in the fields of anti-terrorism, organised crime ~~and~~, cybercrime and newly planned hotspots, should be further explained and detailed by the Commission; acknowledges that the draft budget 2016 does not take into account the full scale of immediate additional responsibilities entrusted to Europol in the European Agenda on Security and the European Agenda on Migration and underlines the need to ensure an appropriate budget and level of staffing for Europol for 2016, to allow it to effectively fulfil its tasks.

2015/08/26
Committee: LIBE

2015/2132(BUD)

Monika HOHLMEIER, Tomáš ZDECHOVSKÝ, Michał BONI, Barbara MATERA, Mariya GABRIEL

Draft opinion
Paragraph 6 a (new)

6a. Calls for strengthening EMCDDA in view of the envisaged adoption of the regulation on new psychoactive substances conferring additional tasks on EMCDDA;

2015/08/26
Committee: LIBE

2015/2126(BUD)

Proposal for a decision
Recital 1

(1) Article 11 of Council Regulation 1311/2013 laying down the multiannual financial framework for the year 2014- 20204 has established a Flexibility Instrument of up to EUR 471 million (2011 prices) per year. Member States nowadays face unprecedented challenges in the field of migration and security. During the planning of the multiannual financial framework (MFF) 2014-2020 the huge migratory pressure towards the EU has not been foreseen. The new dramatic challenges in the field of migration and security should lead to a revision of the MFF in order to support the Member States to better manage the exceptional difficulties, ___________________ 4 OJ L 347, 20.12.2013, p. 884.

2015/08/26
Committee: LIBE

2015/2126(BUD)

Monika HOHLMEIER, Tomáš ZDECHOVSKÝ, Michał BONI, Barbara MATERA, Mariya GABRIEL

Proposal for a decision
Article 1 – paragraph 2 a (new)

In order to guarantee the proper spending of the financial resources the European Commission and the responsible agencies should support the Member States in creating well performing administrations and guarantee effective and regular controls for a sound financial management.

2015/08/26
Committee: LIBE

2015/2103(INL)

Draft opinion
Recital B

B. whereas the Union holds a leading position in industrial robotics, with a share of more than 25 %2 of supply and use, growth in this market is estimated at 8-9% per annum2a; __________________ 2 http://ec.europa.eu/programmes/horizon20 20/en/h2020-section/robotics. 2aAccording to Robotics 2020. Strategic Research Agenda for Robotics in Europe 2014-2020.

2016/09/08
Committee: ITRE

2015/2103(INL)

Therese COMODINI CACHIA, Michał BONI, Tadeusz ZWIEFKA

Draft opinion
Recital B a (new)

B a. whereas the development of robotics technology indicates human- robot interactions in terms of the relationship between humans and robots, in terms of the duration of these interactions and in terms of design issues affecting human interactive robots for psychological enrichment;

2016/09/08
Committee: ITRE

2015/2103(INL)

Motion for a resolution
Recital B a (new)

Ba. whereas there is a need to create a generally accepted definition of robot and AI that is flexible and is not hindering innovation;

2016/10/26
Committee: JURI

2015/2103(INL)

Therese COMODINI CACHIA, Michał BONI, Tadeusz ZWIEFKA

Motion for a resolution
Recital B b (new)

Bb. whereas according to the robotics sector researchers and innovators it might be too early to create a liability framework for robots and AI, adding that at this stage it could hinder innovation;

2016/10/26
Committee: JURI

2015/2103(INL)

Tadeusz ZWIEFKA, Christian EHLER, Michał BONI, Therese COMODINI CACHIA

Draft opinion
Paragraph 2

2. Stresses that innovation in robotics and artificial intelligence require digital infrastructure capable to integrate robotics technology within the current systems and society as well as that provides ubiquitous connectivity; calls on the Commission to set a framework that will meet the connectivity requirements for the Union’s digital future;

2016/09/08
Committee: ITRE

2015/2103(INL)

Motion for a resolution
Recital E

E. whereas at the same time the development of robotics and AI may result in a large part of the work now done by humans being taken over by robots, so raising concerns about the future of employment ~~and the viability of social security systems if the current basis of taxation is maintained, creating the potential for increased inequality in the distribution of wealth and influenc~~; notes that robotics technology has the potential to transform lives and work practices, raise efficiency and safety levels, provide enhanced level of services. Its impact will grow over time as will the interaction between robots and people;

2016/10/26
Committee: JURI

2015/2103(INL)

Tadeusz ZWIEFKA, Christian EHLER, Michał BONI, Therese COMODINI CACHIA

Draft opinion
Paragraph 2 a (new)

2 a. Stresses that fostering the digital skills has to be included in all the teaching and training from the early school years to higher education and vocational training; also the companies have to put effort in keeping the skills of their employees up-to-date;

2016/09/08
Committee: ITRE

2015/2103(INL)

Motion for a resolution
Recital E a (new)

Ea. whereas the development of Robotics and AI will definitely influence the landscape of the workplace what may create new liability concerns and eliminate others; whereas the legal responsibility need to be clarified from both business sight model, as well as the workers design pattern, in case emergency or problems occur;

2016/10/26
Committee: JURI

2015/2103(INL)

Draft opinion
Paragraph 3 a (new)

3 a. Stresses that a high level of safety, security and privacy of data used for the communication between people and robots and artificial intelligence, together with high quality of voice recognition systems, has to be ensured; calls on the Commission and Member States to support and incentivise the development of the necessary technology, including security by design and channels of communication;

2016/09/08
Committee: ITRE

2015/2103(INL)

Draft opinion
Paragraph 3 b (new)

3 b. Stresses that education, research, development and training activities on learning and teaching coding and robotics are an essential part of the innovation economy;

2016/09/08
Committee: ITRE

2015/2103(INL)

Draft opinion
Paragraph 3 c (new)

3 c. Underlines that a high level of safety and security of data used for the communication between people and robots and artificial intelligence, together with high quality of voice recognition systems, has to be ensured; calls on the Commission and Member States to support and incentivise the development of the necessary technology, including security by design and channels of communication;

2016/09/08
Committee: ITRE

2015/2103(INL)

Draft opinion
Paragraph 4

4. Notes that data access is key to innovation in machine learning algorithms; calls on the Commission to implement an ambitious framework and strategy on Open and free flow of data;

2016/09/08
Committee: ITRE

2015/2103(INL)

Draft opinion
Paragraph 4 a (new)

4 a. Notes that robotics Technology has the potential to transform lives and work practices, raise efficiency and safety levels, provide enhanced level of services. Its impact will grow over time as will the interaction between robots and people;

2016/09/08
Committee: ITRE

2015/2103(INL)

Draft opinion
Paragraph 4 b (new)

4 b. Strongly believes that in the medium term robotics technology will have a far more influential effect on the competitiveness of non-manufacturing industries such as agriculture, transport, healthcare, security and utilities;

2016/09/08
Committee: ITRE

2015/2103(INL)

Draft opinion
Paragraph 4 c (new)

4 c. Believes that medicine robots continue to make inroads into the provision of high accuracy surgery and in performing repetitive procedures. They have the potential to improve outcomes in rehabilitation, and provide highly effective logistics support within hospitals;

2016/09/08
Committee: ITRE

2015/2103(INL)

Draft opinion
Paragraph 5 a (new)

5 a. SMEs and specially Start Ups are particularly important and form a vital part of the robotics landscape in terms of establishing component supply chains, driving innovation, opening up new markets and ﬁlling niches with valuable products and services. Stresses that the PPP will drive entrepreneurship, Start Ups and SMEs;

2016/09/08
Committee: ITRE

2015/2103(INL)

Draft opinion
Paragraph 5 b (new)

5 b. Notes that Europe must face the challenge of growing an innovation based community where SME and global companies can work together to innovate producing robotic technology on global scale. Achieving open innovation and creating a strong component market place are important strategic objectives;

2016/09/08
Committee: ITRE

2015/2103(INL)

Draft opinion
Paragraph 6

6. A legislative initiative on robotics and artificial intelligence should provide legal certainty without stifling innovation; in this fast evolving technology field;

2016/09/08
Committee: ITRE

2015/2103(INL)

Draft opinion
Paragraph 6 a (new)

6 a. Notes that robotics and AI are of an integrated-industry portfolio. Points out that Big Data analytics, sensors and innovative business models are re- designing framework for 4th Industrial Revolution;

2016/09/08
Committee: ITRE

2015/2103(INL)

Draft opinion
Paragraph 7

7. Together with robotics engineers, end-users and other stakeholders the Commission should develop a code of ethical conduct aimed at guiding their activities;

2016/09/08
Committee: ITRE

2015/2103(INL)

Therese COMODINI CACHIA, Michał BONI

Draft opinion
Paragraph 8 a (new)

8 a. Stresses that development of robotics and artificial intelligence will forever change the landscape of the workplace. That may create new liability concerns and eliminate others. Underlines that the legal responsibility need to be clarified from both business sight model, as well as the workers design pattern, in case emergency or problems occur;

2016/09/08
Committee: ITRE

2015/2103(INL)

Motion for a resolution
Recital L

L. whereas~~, until such time, if ever, that robots become or are made self- aware,~~ Asimov's Laws1 must be regarded as being directed at the designers, producers and operators of robots, since those laws cannot be converted into machine code; whereas the processes by which robots and AI are assigned built-in autonomy and the possibility of self- learning, should be subjected to Asimov's laws; __________________ 1 A robot may not injure a human being or, through inaction, allow a human being to come to harm. (2) A robot must obey the orders given it by human beings except where such orders would conflict with the First Law. (3) A robot must protect its own existence as long as such protection does not conflict with the First or Second Laws (See Runabout, I. Asimov, 1943) and (0) A robot may not harm humanity, or, by inaction, allow humanity to come to harm.

2016/10/26
Committee: JURI

2015/2103(INL)

Therese COMODINI CACHIA, Michał BONI, Tadeusz ZWIEFKA

Draft opinion
Paragraph 8 b (new)

8 b. Notes that development of robotics technology will require more understanding for the common ground needed around joint human-robot activity, which should be based on two core interdependence relationships as predictability and directability. These two interdependence relationships are crucial for determining what information need to be shared between humans and robots and how a common basis between humans and robots can be achieved in order to enable smooth human-robot joint action;

2016/09/08
Committee: ITRE

2015/2103(INL)

Motion for a resolution
Paragraph U a (new)

Ua. whereas according to the current legal framework product liability - where the producer of a product is liable for a malfunction- and rules governing liability for harmful actions -where the user of a product is liable for a behaviour that leads to harm- apply to damages caused by robots or AI;

2016/10/26
Committee: JURI

2015/2103(INL)

Tadeusz ZWIEFKA, Christian EHLER, Michał BONI

Motion for a resolution
Recital V

V. whereas in the scenario where a robot can take autonomous decisions, the traditional rules ~~will not suffice to activate a robot's liability, since they would~~may not make it possible to identify the party responsible for providing compensation and to require this party to make good the damage ithe robot has caused;

2016/10/26
Committee: JURI

2015/2103(INL)

Therese COMODINI CACHIA, Michał BONI

Motion for a resolution
Paragraph 17

17. Underlines the importance of appropriate training and preparation for doctors and care assistants in order to secure the highest degree of professional competence possible, as well as to protect patients' health; underlines the need to define the minimum professional requirements that a surgeon must meet in order to ~~be allowed to~~operate or use surgical robots; emphasises the special importance of training for users to allow them to familiarise themselves with the technological requirements in this field; draws attention to the rising trend towards self-diagnosis using a mobile robot which 'which makes diagnoses and ~~might take over~~consequently of the need for doctors to be trained in dealing with self-diagnosed cases, with the use of these mobile robots and with developments the use of these mobile robots bring to the role of a doctors;

2016/10/26
Committee: JURI

2015/2103(INL)

Tadeusz ZWIEFKA, Michał BONI, Therese COMODINI CACHIA

Motion for a resolution
Paragraph 17 a (new)

17 a. Believes that medicine robots continue to make inroads into the provision of high accuracy surgery and in performing repetitive procedures. They have the potential to improve outcomes in rehabilitation, and provide highly effective logistics support within hospitals;

2016/10/26
Committee: JURI

2015/2103(INL)

Tadeusz ZWIEFKA, Christian EHLER, Michał BONI, Therese COMODINI CACHIA

Motion for a resolution
Paragraph 20 a (new)

20 a. Strongly believes that in the medium term robotics technology will have a far more influential effect on the competitiveness of non -manufacturing industries such as agriculture, transport, healthcare, security and utilities;

2016/10/26
Committee: JURI

2015/2103(INL)

Tadeusz ZWIEFKA, Christian EHLER, Michał BONI

Motion for a resolution
Paragraph 23

23. Bearing in mind the effects that the development and deployment of robotics and AI might have on employment and, consequently, on the viability of the social security systems of the Member States, consideration should be given to the possible need to introduce corporate reporting requirements on the extent and proportion of the contribution of robotics and AI to the economic results of a company for the purpose of taxation and social security contributions; takes the view that in the light of the possible effects on the labour market of robotics and AI a general basic income should be seriously considered, and invites all Member States to do so;deleted

2016/10/26
Committee: JURI

2015/2103(INL)

Tadeusz ZWIEFKA, Christian EHLER, Michał BONI, Therese COMODINI CACHIA

Motion for a resolution
Paragraph 24

24. Considers that robots' civil liability is a crucial issue which needs to be addressed at EU level so as to ensure the same degree of transparency, consistency and legal certainty throughout the European Union for the benefit of consumers and businesses alikethe question of the possibility to grant civil liability to robots should be in depth analysed and consulted with all interested and relevant stakeholders;

2016/10/26
Committee: JURI

2015/2103(INL)

Tadeusz ZWIEFKA, Michał BONI, Therese COMODINI CACHIA

Motion for a resolution
Paragraph 24 a (new)

24 a. Notes that development of robotics technology will require more understanding for the common ground needed around joint human-robot activity, which should be based on two core interdependence relationships as predictability and directability; points out that these two interdependence relationships are crucial for determining what information need to be shared between humans and robots and how a common basis between humans and robots can be achieved in order to enable smooth human-robot joint action;

2016/10/26
Committee: JURI

2015/2103(INL)

Tadeusz ZWIEFKA, Christian EHLER, Michał BONI, Therese COMODINI CACHIA

Motion for a resolution
Paragraph 31 – introductory part

31. Calls on the Commission, when carrying out an impact assessment of its future legislative instrument, to explore, analyse and consult the implications of all possible legal solutions, such as:

2016/10/26
Committee: JURI

2015/2103(INL)

Therese COMODINI CACHIA, Michał BONI, Tadeusz ZWIEFKA

Motion for a resolution
Paragraph 31 – point b

b) ensuring that a compensation fund would ~~not only~~ serve the purpose of guaranteeing compensation if the damage caused by a robot was not covered by an insurance – which would in any case remain its primary goal – but also that of allowing various financial operations in the interests of the robot, such as investments, donations or payments made to smart autonomous robots for their services, which could be transferred to the fund;

2016/10/26
Committee: JURI

2015/2103(INL)

Tadeusz ZWIEFKA, Christian EHLER, Michał BONI, Therese COMODINI CACHIA

Motion for a resolution
Paragraph 31 – point f

f) possibility of creating a specific legal status for robots, so that at least the most sophisticated autonomous robots could be established as having the status of electronic persons with specific rights and obligations, including that of making good any damage they may cause, and possibility to applying electronic personality to cases where robots make smart autonomous decisions or otherwise interact with third parties independently;

2016/10/26
Committee: JURI

2015/2103(INL)

Michał BONI, Therese COMODINI CACHIA, Christian EHLER, Tadeusz ZWIEFKA

Motion for a resolution
Annex (after subheading ‘Disclosure of use of robots and artificial intelligence by undertakings’)

Disclosure of use of robots and artificial intelligence by undertakings Undertaking s should be obliged to disclose: – use, – contributions through the use of robotics in place of human personnel, – proportion of the revenue of the undertaking that results from the use of robotics and artificial intelligencedeleted the number of 'smart robots' they the savings made in social security an evaluation of the amount and

2016/10/26
Committee: JURI

2015/2063(INI)

Motion for a resolution
Paragraph 8

8. Recalls that the internet plays a significant role in fuelling the radicalisation of European citizens, as it facilitates the rapid, large-scale distribution of hate messages and praise for terrorism; expresses concern at the impact that such messages praising terrorism have on young people, who are particularly vulnerable; underlines the role of education and public awareness campaign to prevent radicalization online; calls for a dialogue to be launched at European level with the internet giants with a view to preventing the online distribution of hate messages and to eradicating them swiftly;

2015/07/03
Committee: LIBE

2015/2063(INI)

Motion for a resolution
Paragraph 14

14. Believes that online radicalisation cannot be stamped out without reinforcing the tools available to the EU to combat cybercrime; recommends that the European Union strengthen the mandate and resources of the European Cybercrime Centre so that it can play an effective role in better protecting European citizens against online threats and detecting the digital processes used by terrorist organisations;

2015/07/03
Committee: LIBE

2015/2002(INI)

Motion for a resolution
Paragraph 5 a (new)

5a. Emphasises the important role played by civil society in transition and reform processed and political dialogue in the ENP countries; calls on the EU strengthen cooperation with the civil society and provide it with support through a range of different funding instruments;

2015/05/13
Committee: AFET

2015/2002(INI)

Motion for a resolution
Paragraph 23

23. Calls for the revised policy to support partner countries in building proper state structures to deal with security issues, such as effective law enforcement, intelligence and security, which should be accompanied by proper parliamentary oversight; stresses that the EU should engage in areas such as security sector reform and underline the role of cybersecurity policy in the reform;

2015/05/13
Committee: AFET

2015/2002(INI)

Motion for a resolution
Paragraph 32 a (new)

32a. Considers the stronger cooperation in the field of future digital single market, support for e-administration reforms and open government solutions, as an instrument for citizen's engagement;

2015/05/13
Committee: AFET

2015/2002(INI)

Motion for a resolution
Paragraph 34 a (new)

34a. Highlights the importance of investing in projects for youth, women and future leaders, by making full use of the scholarship opportunities under the "Erasmus +" programme to foster student and teacher exchanges between ENP countries and the EU Member States, aiming at the formation of future leaders from ENP countries and the EU Member States, as well as further promoting academic and educational projects which have already proven their value in this field, such as the College of Europe;

2015/05/13
Committee: AFET

2015/2002(INI)

Motion for a resolution
Paragraph 35

35. Calls on the Commission to explore and offer to the ENP countries different levels of participation, cooperation and engagement in its policies, programmes and agencies, such as in EUROPOL and in FRONTEX, customs management and the Energy Community;

2015/05/13
Committee: AFET

2015/2002(INI)

Motion for a resolution
Paragraph 42 a (new)

42a. Calls on the EU increase its presence in the partner countries using more interactive audiovisual means and social media in the respective local languages in order to reach all of the society; calls on the Commission to prepare a clear communication strategy for societies in the ENP countries, in order to explain to them the benefits of the Association Agreements, including Deep and Comprehensive Trade Areas (DCFTA's), as a tool for modernising their political systems and economies;

2015/05/13
Committee: AFET

2015/0310(COD)

Proposal for a regulation
Recital 13

(13) The European Border and Coast Guard Agency should carry out a vulnerability assessment to assess the capacity of the Member States to face challenges at their external borders, including by assessing the equipment and resources of Member States as well as their contingency plans to address possible crises at the external borders. The access to the information on and to equipment, resources and contingency plans has to be provided by the Member States for assessment to be carried. Member States should take corrective action to address any deficiencies identified in that assessment. The Executive Director, on the advice of a Supervisory Board created within the European Border and Coast Guard Agency, should identify the measures to be taken by the Member State concerned and should set a time-limit within which those measures should be taken. That decision should be binding on that Member State and where the necessary measures are not taken within the set time- limit, the matter needs to be referred to the Management Board for a further decision.

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Recital 24

(24) The European Border and Coast Guard Agency should monitor, promote and contribute to the developments in research relevant for the control of the external borders, including the use of advanced surveillance technology, and it should disseminate this information to the Member States and to the Commission.

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Recital 25

(25) Effective implementation of an integrated management of the external borders necessitates regular, swift and reliable exchange of information among the Member States regarding the management of the external borders, irregular immigration and return. The European Border and Coast Guard Agency should develop and operate information systems facilitating such exchange in accordance with Union data protection legislation. Member States should provide the Agency with adequate information and data.

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Recital 28

(28) The European Border and Coast Guard Agency should facilitate and encourage operational cooperation between Member States and third countries in the framework of the external relations policy of the Union, including by coordinating operational cooperation between Member States and third countries in the field of management of external borders and by deploying liaison officers to third countries, as well as by cooperating with the authorities of third countries on return, including as regards the acquisition of travel documents. In their cooperation with third countries, the European Border and Coast Guard Agency and Member States should comply with norms and standards at least equivalent to those set by Union legislation also when the cooperation with third countries takes place on the territory of those countries. The Agency should facilitate and encourage technical cooperation, training and exchange of experiences among Member States and third countries.

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point m

(m) assist Member States on training of national border guards and experts in all areas, especially on return, including the establishment of common training standards;

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point e

(e) organise, promote and coordinate activities enabling the exchange of information and the identification and pooling of best practices in return matters between the Member States, and in cooperation with third countries;

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Article 35 – paragraph 6

6. The Agency may organise training activities in cooperation with Member States and third countries on their territory. The Agency shall encourage cooperation and organization of training activities among Member States and third countries.

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Article 36 – paragraph 1

1. The Agency shall proactively monitor, promote and contribute to research and innovation activities relevant for the control of the external borders, including the use of advanced surveillance technology such as remotely piloted aircraft systems, and for return. The Agency shall disseminate the results of that research to the Commission and the Member States. It may use those results as appropriate in joint operations, rapid border interventions, return operations and return interventions.

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Article 53 – paragraph 1

1. In matters covered by its activities and to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage technical and operational cooperation between Member States and third countries, within the framework of the external relations policy of the Union, including with regard to the protection of fundamental rights. The Agency and the Member States shall comply with norms and standards at least equivalent to those set by Union legislation also when cooperation with third countries takes place on the territory of those countries. The establishment of cooperation with third countries shall serve to promote European border management and return standards.

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Article 53 – paragraph 7

7. The Agency may benefit from Union funding in accordance with the provisions of the relevant instruments supporting the external relations policy of the Union. It may launch and finance technical assistance projects and training activities in third countries regarding matters covered by this Regulation. Member States may take part in such projects and trainings.

2016/04/21
Committee: LIBE

2015/0310(COD)

Proposal for a regulation
Article 56 – paragraph 3

3. The Member State in which the Agency has its seat shall provide the best possible conditions to ensure proper functioning of the Agency, including multilingual, European-oriented schooling and appropriate transport connections if necessary.

2016/04/21
Committee: LIBE

2015/0310(COD)

Michał BONI, Carlos COELHO, Tomáš ZDECHOVSKÝ, Kinga GÁL

Proposal for a regulation
Article 71 – paragraph 2

2. The Fundamental Rights Officer shall be independent in the performance of his or her duties as a Fundamental Rights Officer, for which he should be provided with appropriate resources, he or she shall report directly to the Management Board and cooperate with the Consultative Forum. The Fundamental Rights Officer shall report on a regular basis and as such contribute to the mechanism for monitoring fundamental rights.

2016/04/21
Committee: LIBE

2015/0287(COD)

Michał BONI, Roberta METSOLA, Carlos COELHO, Tomáš ZDECHOVSKÝ, Kinga GÁL

Proposal for a directive
Recital 14

(14) As regards digital content supplied not in exchange for a price but against counter-performance other than money, this Directive should apply only to contracts where the supplier requests and the consumer ~~active~~consciously provides data for the content supplied, such as name and e- mail address or photos, directly or indirectly to the supplier for example through individual registration or on the basis of a contract which allows access to consumers' photos. The contract should explicitly indicate which data are given in exchange for the content supplied. This Directive should not apply to situations where the supplier collects data necessary for the digital content to function in conformity with the contract, for example geographical location where necessary for a mobile application to function properly, or for the sole purpose of meeting legal requirements, for instance where the registration of the consumer is required for security and identification purposes by applicable laws. This Directive should also not apply to situations where the supplier collects information, including personal data, such as the IP address, or other automatically generated information such as information collected and transmitted by a cookie, without the consumer actively supplying it, even if the consumer accepts the cookie. It should also not apply to situations where the consumer is exposed to advertisements exclusively in order to gain access to digital content. In relation to the processing of personal data provided or generated by the user, or collected in any other way, the supplier shall comply with the obligations applicable under Regulation (EU) 2016/679.

2016/09/01
Committee: LIBE

2015/0287(COD)

Proposal for a directive
Recital 22

(22) The protection of individuals with regard to the processing of personal data is governed by ~~Directive 95/46/EC of the European Parliament and of the Council31~~by Regulation (EU) 2016/679 and by Directive 2002/58/EC of the European Parliament and of the Council32 which are fully applicable in the context of contracts for the supply of digital content. Those ~~Directive~~legal acts already establish a legal framework in the field of personal data in the Union. The implementation and application of this Directive should be made in full compliance with that legal framework. _________________ 312 OJ L 2801, ~~23/11/1995, p. 31 - 50) [to be replaced by the General Data Protection Regulation, once adopted]. 32~~31.7.2002, p. 37–47. OJ L 201, 31.7.2002, p. 37–47.

2016/09/01
Committee: LIBE

2015/0287(COD)

Michał BONI, Carlos COELHO, Tomáš ZDECHOVSKÝ, Kinga GÁL

Proposal for a directive
Recital 25

(25) In cases where the contract does not stipulate sufficiently clear and comprehensive benchmarks, adjusted to the consumers it is dedicated for, to ascertain the conformity of the digital content with the contract, it is necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights. In such cases the conformity with the contract should be assessed considering the purpose for which digital content of the same description would normally be used and the legitimately expected technical standards which digital content of the same description would normally have.

2016/09/01
Committee: LIBE

2015/0287(COD)

Michał BONI, Roberta METSOLA, Carlos COELHO, Tomáš ZDECHOVSKÝ, Kinga GÁL

Proposal for a directive
Recital 27

(27) While data-driven services and technologies bring significant benefits, they also create some vulnerabilities. As recognised by the Digital Single Market Strategy a high level of network and information security is essential across the European Union to ensure respect of fundamental rights such as the right to privacy and ~~personal data~~the right to the protection of personal data online and offline, to increase user confidence and strengthen their trust in the digital economy. As software becomes pervasive, qualities such as reliability, security and adaptability to evolving needs are also becoming a prime concern. It is therefore increasingly important that those data-driven services and technologies ensure that those qualities are guaranteed, to the extent that is proportionate to the role and function those technologies play. In particular, quality in terms of security and reliability is becoming an important concern for innovative, composite services that have to rely on the interconnection of diverse systems in different domains.

2016/09/01
Committee: LIBE

2015/0287(COD)

Michał BONI, Carlos COELHO, Tomáš ZDECHOVSKÝ, Kinga GÁL

Proposal for a directive
Recital 37

(37) As a second step, the consumer should be entitled to have the price reduced or the contract terminated. The right of a consumer to have the contract terminated should be limited to those cases where for instance bringing the digital content to conformity is not possible and the non- conformity impairs the main performance features of the digital content. Where the consumer terminates the contract, the supplier should reimburse the price paid by the consumer or, where the digital content is supplied not in exchange for a price but against access to data provided by the consumer as a counter-performance for the digital content supplied or data produced by the consumer during the duration of the contract, the supplier should refrain from using it, from transferring that data to third parties or allowing third parties to access it after termination of the contract. Fulfilling the obligation to refrain from using data should mean in the case when the counter- performance consists of personal data, that the supplier should take all measures in order to comply with data protection rules by deleting it or rendering it anonymous in such a way that the consumer cannot be identified by any means likely reasonably to be used either by the supplier or by any other person. If personal data protection technics, such as pseudonimisation, as prescribed in the Regulation (EU) 2016/679 are used by the supplier, only after the request made by the consumer, the supplier should refrain from using these data. Without prejudice to obligations of a controller under ~~Directive 95/46/EC~~Regulation (EU) 2016/679 the supplier should not be obliged to undertake any further steps in relation to data which the supplier has lawfully provided to third parties in the course of the duration of the contract for the supply of the digital content.

2016/09/01
Committee: LIBE

2015/0287(COD)

Michał BONI, Carlos COELHO, Tomáš ZDECHOVSKÝ, Kinga GÁL

Proposal for a directive
Recital 38

(38) Upon termination the supplier should also refrain from using the content ~~generat~~produced by the consumer. However, in those cases where more than one consumer ~~generat~~produced particular content, the supplier is entitled to continue to use the content ~~generat~~produced by the consumer where those other consumers make use of it.

2016/09/01
Committee: LIBE

2015/0287(COD)

Michał BONI, Carlos COELHO, Tomáš ZDECHOVSKÝ, Kinga GÁL

Proposal for a directive
Recital 39

(39) In order to ensure that the consumer benefits from effective protection in relation to the right to terminate the contract, the supplier, on request made by the consumer, should allow the consumer to retrieve all data uploaded by the consumer, or produced by the consumer with the use of the digital ~~content or generated through the consumer's use of the digital~~ content. This obligation should extend to data which the supplier is obliged to retain under the contract for the supply of the digital content as well as to data which the supplier has effectively retained in relation to the contract.

2016/09/01
Committee: LIBE

2015/0287(COD)

Michał BONI, Carlos COELHO, Tomáš ZDECHOVSKÝ, Kinga GÁL

Proposal for a directive
Article 3 – paragraph 1

1. This Directive shall apply to any contract where the supplier supplies digital content to the consumer or undertakes to do so and, in exchange, a price is to be paid ~~or the consumer actively provides counter-performance other than money in the form of personal data or any other data~~.

2016/09/01
Committee: LIBE

2015/0287(COD)

Michał BONI, Carlos COELHO, Tomáš ZDECHOVSKÝ, Kinga GÁL

Proposal for a directive
Article 3 – paragraph 1 a (new)

1 a. It shall also apply to contracts where personal data, as defined in Article 4(1) of Regulation (EU) 2016/679, are consciously provided by the consumer as a counter-performance other than money. The contract shall explicitly indicate which data are exchanged for the content supplied.

2016/09/01
Committee: LIBE

2015/0287(COD)

Michał BONI, Tomáš ZDECHOVSKÝ, Carlos COELHO, Kinga GÁL

Proposal for a directive
Article 6 – paragraph 1 – introductory part

1. The contract shall include all relevant characteristics for the assessment of the conformitity of the digital content, as well as all relevant information regarding the processing of personal data in compliance with the obligation under Regulation (EU) 2016/679. In order to conform with the contract, the digital content shall, where relevant:

2016/09/01
Committee: LIBE

2015/0287(COD)

Michał BONI, Roberta METSOLA, Carlos COELHO, Tomáš ZDECHOVSKÝ, Kinga GÁL

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. To the extent that the contract does not stipulate, where relevant, in a clear and comprehensive manner, the requirements for the digital content under paragraph 1, the digital content shall be fit for the purposes for which digital content of the same description would normally be used and in line with the legitimately expected technical standards, including its functionality, interoperability and other performance features such as accessibility, continuity and security, taking into account:

2016/09/01
Committee: LIBE

2015/0287(COD)

Michał BONI, Carlos COELHO, Tomáš ZDECHOVSKÝ, Kinga GÁL

Proposal for a directive
Article 6 – paragraph 2 – point a

(a) whether the digital content is supplied in exchange for a price or other counter-performance than money, by providing personal data or any other data;

2016/09/01
Committee: LIBE

2015/0287(COD)

Michał BONI, Roberta METSOLA, Carlos COELHO, Tomáš ZDECHOVSKÝ, Kinga GÁL

Proposal for a directive
Article 13 – paragraph 2 – point b

(b) the supplier shall take all ~~measures which could be expected~~necessary measures in order to refrain from the use of personal data as the counter- performance other than money which the consumer has consciously provided in exchange for the digital content and any other data ~~collect~~produced by the ~~suppli~~consumer in relation to the ~~supply~~use of the digital content including any content provided by the consumer with the exception of the content which has been ~~generat~~produced jointly by the consumer and others who continue to make use of the content. In relation to the prossessing of personal data provided or generated by the user, or collected in any other way, the supplier shall comply with the obligations applicable under Regulation (EU) 2016/679;

2016/09/01
Committee: LIBE

2015/0287(COD)

Michał BONI, Roberta METSOLA, Carlos COELHO, Tomáš ZDECHOVSKÝ, Kinga GÁL

Proposal for a directive
Article 13 – paragraph 2 – point c

(c) the supplier, on request made by the consumer, shall provide the consumer with technical means to retrieve all content provided by the consumer and any other data produced or generated through the consumer's use of the digital content to the extent that data has been retained by the supplier. The consumer shall be entitled to retrieve the content free of charge, without significant inconvenience, in reasonable time and in a commonly used ~~data~~and machine-readable format;

2016/09/01
Committee: LIBE

2015/0287(COD)

Michał BONI, Carlos COELHO, Tomáš ZDECHOVSKÝ, Kinga GÁL

Proposal for a directive
Article 16 – paragraph 4 – point a

(a) the supplier shall take all ~~measures which could be expected~~necessary measures in order to refrain from the use of ~~other~~personal data as counter-performance other than money which the consumer has provided in exchange for the digital content and any other data ~~collect~~provided or produced by the ~~suppli~~consumer in relation to the ~~supply~~use of the digital content including any content provided by the consumer, with the exception of the content which has been produced jointly by the consumer and others who continue to make use of the content. In relation to the processing of personal data provided or generated by the user, or collected in any other way, the supplier shall comply with the obligations applicable under Regulation (EU) 2016/679;

2016/09/01
Committee: LIBE

2015/0287(COD)

Michał BONI, Roberta METSOLA, Carlos COELHO, Tomáš ZDECHOVSKÝ, Kinga GÁL

Proposal for a directive
Article 16 – paragraph 4 – point b

(b) the supplier, on request made by the consumer, shall provide the consumer with technical means to retrieve all any content provided by the consumer and any other data produced or generated through the consumer's use of the digital content to the extent this data has been retained by the supplier. The consumer shall be entitled to retrieve the content without significant inconvenience, in reasonable time and in a commonly used ~~data~~and machine-readable format; and

2016/09/01
Committee: LIBE

2015/0287(COD)

Michał BONI, Roberta METSOLA, Carlos COELHO, Tomáš ZDECHOVSKÝ, Kinga GÁL

Proposal for a directive
Article 19 a (new)

Article 19 a Data Protection Processing of personal data carried out in the context of activities conducted pursuant to this Directive shall comply with the obligations under Regulation (EU) 2016/679 and Directive 2002/58/EC.

2016/09/01
Committee: LIBE

2015/0284(COD)

Pilar DEL CASTILLO VERA, Michał BONI

Proposal for a regulation
Recital 3

(3) Consumers increasingly enter into contractual arrangements with service providers for the provision of online content services. However, consumers that are temporarily present in another Member State of the Union often cannot access and use the online content services that they have acquired the right to use in their home country, which is against the idea of Single Market and smooth, efficient development of EU Digital economy.

2016/08/01
Committee: ITRE

2015/0284(COD)

Proposal for a regulation
Recital 6 a (new)

(6a) The provision of online content services for consumers temporarily present in another Member State can be hampered by the lack of infrastructure. In this context it is noteworthy that the Member States have committed to achieve the targets for minimum download speeds of 30 Mbps by 2020 in order to meet the conditions relating to high connectivity for all. In order to achieve this goal and due to the fact that rapidly growing wireless broadband traffic makes enhanced wireless network capacity a necessity, it will be of outmost importance to achieve a stronger pan European approach for spectrum management across the EU.

2016/08/01
Committee: ITRE

2015/0284(COD)

Michał BONI, Krišjānis KARIŅŠ, Esther DE LANGE, Gunnar HÖKMARK, Henna VIRKKUNEN

Proposal for a regulation
Recital 6 a (new)

(6a) In the context of infrastructure development, it is noteworthy that the Member States have committed to achieve the targets for minimum download speeds of 30 Mbps by 2020 in order to meet the conditions relating to high connectivity for all.

2016/08/01
Committee: ITRE

2015/0284(COD)

Michał BONI, Krišjānis KARIŅŠ, Gunnar HÖKMARK, Pilar DEL CASTILLO VERA, Seán KELLY

Proposal for a regulation
Recital 12

(12) Therefore, the objective of Digital Single Market Strategy and of this Regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross- border portability of online content services in the Union and that the cross- border portability can be ensured.

2016/08/01
Committee: ITRE

2015/0284(COD)

Proposal for a regulation
Recital 12

(12) Therefore, the objective of this Regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross- border portability of online content services in the Union and that the cross- border portability can be ensured without additional licensing costs.

2016/08/01
Committee: ITRE

2015/0284(COD)

Michał BONI, Krišjānis KARIŅŠ, Gunnar HÖKMARK, Pilar DEL CASTILLO VERA, Seán KELLY

Proposal for a regulation
Recital 18

(18) In order to ensure the cross-border portability of online content services it is necessary to require that online service providers enable their subscribers to use the service in the Member State of their temporary presence by providing them access to the same content on the same range and number of devices, for the same number of users and with the same range of functionalities as those offered in their Member State of residence. This obligation is mandatory and therefore the parties may not exclude it, derogate from it or vary its effect. Any action by a service provider or a right holder which would prevent the subscriber from accessing or using the service while temporarily present in a Member State, for example restrictions to the functionalities of the service or to the quality of its delivery, would amount to a circumvention of the obligation to enable cross-border portability of online content services and therefore would be contrary to this Regulation.

2016/08/01
Committee: ITRE

2015/0284(COD)

Michał BONI, Krišjānis KARIŅŠ, Esther DE LANGE, Gunnar HÖKMARK, Pilar DEL CASTILLO VERA, Henna VIRKKUNEN, Seán KELLY

Proposal for a regulation
Recital 19

(19) Requiring that the delivery of online content services to subscribers temporarily present in Member States other than their Member State of residence be of the same quality as in the Member State of residence could result in high costs for service providers and thus ultimately for subscribers. Therefore, it is not appropriate for this Regulation to require that the provider of an online content service take measures to ensure quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another Member State. In such cases the provider shall not be liable if the quality of delivery of the service is lower. The service provider should however inform the consumer at the subscription stage of the possible limitation in quality. Nevertheless, if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other Member States, the provider shall be bound by such agreement.

2016/08/01
Committee: ITRE

2015/0284(COD)

Michał BONI, Krišjānis KARIŅŠ, Esther DE LANGE, Gunnar HÖKMARK, Pilar DEL CASTILLO VERA, Henna VIRKKUNEN

Proposal for a regulation
Recital 29

(29) Since the objective of this Regulation, namely the adaptation of the legal framework so that cross-border portability of online content services is provided in the Union, cannot be sufficiently achieved by Member States and can therefore, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve its objective. Therefore, this Regulation does not substantially affect the way the rights are licensed and does not oblige right holders and service providers to renegotiate contracts. Moreover, this Regulation does not require that the provider takes measures to ensure the quality of delivery of online content services outside the Member State of residence of the subscriber. Finally, this Regulation does not apply to service providers who offer services without payment of money and who do not verify the subscriber's Member State of residence. Therefore, it does not impose any disproportionate costs, to online content service providers, right holders or end- users

2016/08/01
Committee: ITRE

2015/0284(COD)

Proposal for a regulation
Article 1 – paragraph 1

This Regulation introduces a common approach to ensuring that subscribers to online content services in the Union, when temporarily present in a Member State other than Member State of residence, can access and use these services.

2016/08/01
Committee: ITRE

2015/0284(COD)

Michał BONI, Krišjānis KARIŅŠ, Esther DE LANGE, Gunnar HÖKMARK

Proposal for a regulation
Article 2 – paragraph 1 – point c

(c) "Member State of residence" means the Member State where the subscriber is habitually residing where he/she returns to after a temporary presence in another country;

2016/08/01
Committee: ITRE

2015/0284(COD)

Michał BONI, Krišjānis KARIŅŠ, Esther DE LANGE, Gunnar HÖKMARK

Proposal for a regulation
Article 2 – paragraph 1 – point d

(d) "Temporarily present" means a presence of a subscriber in a Member State other than the Member State of residence, whatever the effective duration of such presence, provided that the Member State of residence was verified in accordance with article 2 - paragraph 1 - point e - subparagraph 2 - point 2;

2016/08/01
Committee: ITRE

2015/0284(COD)

Michał BONI, Krišjānis KARIŅŠ, Esther DE LANGE, Gunnar HÖKMARK, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 2 – paragraph 1 – point e – subparagraph 2 – point 2

(2) without payment of money provided that the subscriber's Member State of residence is verified by the provider based on online declaration by the subscriber on their Member State of residence or the fiscal residence of the subscriber or on the possession of an identity card or billing and postal address or bank details or any other valid document that confirms the subscriber's residence;

2016/08/01
Committee: ITRE

2015/0284(COD)

Michał BONI, Krišjānis KARIŅŠ, Esther DE LANGE, Gunnar HÖKMARK, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 3 – paragraph 1

(1) The provider of an online content service subject to the payment of money or without payment of money but subject to prior verification of the subscriber's Member State of residence, shall enable a subscriber who is temporarily present in a Member State to access and use the online content service.

2016/08/01
Committee: ITRE

2015/0284(COD)

Michał BONI, Krišjānis KARIŅŠ, Esther DE LANGE, Gunnar HÖKMARK, Pilar DEL CASTILLO VERA, Henna VIRKKUNEN, Seán KELLY

Proposal for a regulation
Article 3 – paragraph 1

(1) The provider of an online content service shall enable a subscriber who is temporarily present in a Member State to access and use the online content service for which user has a legal subscription.

2016/08/01
Committee: ITRE

2015/0284(COD)

Proposal for a regulation
Article 3 – paragraph 3

(3) The provider of an online content service shall ~~inform~~provide the subscriber with information concerning limitations tof the quality of delivery of the online content service provided in accordance with paragraph 1 prior to providing that service.

2016/08/01
Committee: ITRE

2015/0284(COD)

Michał BONI, Krišjānis KARIŅŠ, Esther DE LANGE, Gunnar HÖKMARK, Henna VIRKKUNEN

Proposal for a regulation
Article 5 – paragraph 1

(1) Any contractual provisions including those between holders of copyright and related rights, those holding any other rights relevant for the use of content in online content services and service providers, as well as those between service providers and subscribers which ~~are contrary to Articles 3(1) and 4~~may have the effect of preventing the application of this Regulation, shall be unenforceable.

2016/08/01
Committee: ITRE

2015/0284(COD)

Michał BONI, Krišjānis KARIŅŠ, Gunnar HÖKMARK, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 7 a (new)

Article 7a The Commission shall, not later than on 3 years review the application of this Regulation and submit a report to the European Parliament and the Council. The Commission should pay particular attention to whether the solutions created and implemented have a positive or a negative impact on development of Digital Single Market.

2016/08/01
Committee: ITRE

2015/0284(COD)

Michał BONI, Krišjānis KARIŅŠ, Gunnar HÖKMARK, Pilar DEL CASTILLO VERA, Henna VIRKKUNEN

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1

It shall apply from [date: 612 months following the day of its publication].

2016/08/01
Committee: ITRE

2015/0281(COD)

Proposal for a directive
Recital 3 a (new)

(3a) The UN Security Council Resolution (UNSCR) 2178 (2014) on threats to international peace and security caused by terrorist acts adopted on 24 September 2014 sets out a set of measures to combat the phenomenon of the Foreign Terrorist Fighters and requires to establish in the national laws of the Member States of the UN penalisation as serious criminal offences: travel or attempted travel to a third country with the purpose of contributing to the commission of terrorist acts or to providing or receiving of training; the funding of such travel and the organisation or facilitation of such travel.

2016/04/08
Committee: LIBE

2015/0281(COD)

Proposal for a directive
Recital 3 b (new)

(3b) An Additional Protocol to the Council of Europe Convention on the prevention of terrorism adopted in May 2015 introduced a requirement of criminalisation of participation in an association or group for the purpose of terrorism, receiving training for terrorism, travelling or attempting to travel for terrorist purposes, providing or collecting funds for such travels and organising and facilitating such travels. The Union signed the Additional Protocol as well as the Convention on 22 October 2015.

2016/04/08
Committee: LIBE

2015/0281(COD)

Proposal for a directive
Recital 4

(4) The terrorist threat has grown and rapidly evolved in recent years. Individuals referred to as "foreign terrorist fighters" travel abroad for terrorism purposes. Returning foreign terrorist fighters pose a heightened security threat to all EU Member States. Foreign terrorist fighters have been linked to several recent attacks or plots, including the attacks in Paris on 13 November 2015 and in Brussels on 22 March 2016. In addition, the European Union and its Member States face increased threats from individuals residing in the EU but inspired or instructed by terrorist groups from abroad ~~but who remain within Europe~~, or by returning foreign terrorist fighters.

2016/04/08
Committee: LIBE

2015/0281(COD)

Proposal for a directive
Recital 8

(8) Considering the seriousness of the threat and the need to in particular stem the flow of foreign terrorist fighters, it is necessary to criminalise the travelling abroad for terrorist purposes, being not only the commission of terrorist offences and providing or receiving training but also to participate in the activities of a terrorist group. Any act of facilitation of such travel should also be criminalised. Introduced rules and regulations in that matter should respect human rights obligation and should exclude any form of discrimination, as well as respect the principle of proportionality.

2016/04/08
Committee: LIBE

2015/0281(COD)

Proposal for a directive
Recital 13

(13) With regard to the criminal offences provided for in this Directive, the notion of intention must apply to all the elements constituting those offences. The intentional nature of an act or omission ~~may~~should be inferred from objective, factual circumstances.

2016/04/08
Committee: LIBE

2015/0281(COD)

Proposal for a directive
Recital 16

(16) Member State should adopt specific measures of protection, support and assistance responding to the specific needs of victims of terrorism, further qualifying and deepening the rights already contained in the Directive 2012/29/EU of the European Parliament and the Council28 . Victims of terrorism are those defined in Article 1 of the Directive 2012/29/EU, in relation to terrorist offences as referred to in Article 3. The measures to be taken by Member States should ensure that in the event of a terrorist attack, the victims of terrorism will obtain emotional and psychological support, including trauma support and counselling, and any relevant legal, practical or financial information, a~~nd a~~dvice or adequate aid. __________________ 28 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA of 15 March 2001(OJ L 315, 14.11.2012 p. 37).

2016/04/08
Committee: LIBE

2015/0281(COD)

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) u~~nduly compelling~~sing violence or the threat of violence to compel or seek to compel a Government or international organisation to perform or abstain from performing any act,

2016/04/08
Committee: LIBE

2015/0281(COD)

Proposal for a directive
Article 6 – paragraph 1

Member States shall take the necessary measures to ensure that soliciting another person to commit one of the offences listed in points (a) to (h) of Article 3(2), or in Article 4 by any means, including Internet, is punishable as a criminal offence when committed intentionally.

2016/04/12
Committee: LIBE

2015/0281(COD)

Proposal for a directive
Article 11 – paragraph 1

Member States shall take the necessary measures to ensure that providing or collecting funds, by any means, directly or indirectly, with the intent that they should be used, or knowing that they are to be used, in full or in part, to commit any of the offence(s) referred to in Articles 3 to 10 and 12 to 14 or 16 is punishable as a criminal offence when committed intentionally. Such funds and means should be subject to confiscation and freezing of assets legislation.

2016/04/12
Committee: LIBE

2015/0281(COD)

Proposal for a directive
Article 14 – paragraph 1

Member States shall take the necessary measures to ensure that drawing up and using of false administrative documents, with special attention to the travel documents, with a view to committing one of the offences listed in points (a) to (h) of Article 3(2) and point (b) of Article 4 is punishable as a criminal offence when committed intentionally.

2016/04/12
Committee: LIBE

2015/0281(COD)

Proposal for a directive
Article 16 – paragraph 2

2. Each Member State shall take the necessary measures to ensure that inciting an offence referred to in Articles 3 to 14, which may be inferred from objective, factual circumstances, is made punishable.

2016/04/12
Committee: LIBE

2015/0281(COD)

Proposal for a directive
Article 21 – paragraph 5 a (new)

5a. Member States shall ensure cooperation and information sharing with the Member State that established its jurisdiction over the offences referred to in Articles 3 to 14 and 16 through established channels, including the Union agencies.

2016/04/12
Committee: LIBE

2015/0281(COD)

Proposal for a directive
Article 23 a (new)

Article 23a Fundamental rights and non- discrimination 1. This Directive shall be implemented without prejudice to and in respect with fundamental rights and freedoms as enshrined in the Charter of the Fundamental Rights of the European Union and Articles 2 and 6 of the Treaty on European Union. 2. This Directive shall be implemented with respect to principle of proportionality and shall exclude any form of arbitrariness and discrimination.

2016/04/12
Committee: LIBE

2015/0281(COD)

Proposal for a directive
Article 23 b (new)

Article 23b Cooperation and information exchange 1. Member States shall ensure introducing an obligation to cooperate and to exchange information with other Member States regarding the offences referred to in Articles 3 to 14 and Article 16. 2. Member State shall ensure introducing an obligation to cooperate with and to transmit information regarding the offences referred to in Articles 3 to 14 and Article 16 relevant for other Member States via the Union agencies, i.e. Europol and Eurojust, recognizing their leading role in the coordination process.

2016/04/12
Committee: LIBE

2015/0281(COD)

Proposal for a directive
Article 26 – paragraph 2

2. The Commission shall, by [48 months after the deadline for implementation of this Directive], submit a report to the European Parliament and to the Council, assessing the impact and added value of this Directive on combating terrorism and its impact on fundamental rights and freedoms. The Commission shall take into account the information provided by Member States under Decision 2005/671/JHA.

2016/04/12
Committee: LIBE

2015/0149(COD)

Proposal for a regulation
Recital 11

(11) Manufacturers respond to the energy label by creating ever more efficient products. This technological development leads to products populating mainly the highest classes of the energy label. Further product differentiation may be necessary to allow customers a proper comparison, leading to the need to rescale labels. For the frequency of such rescaling a timescale of approximately ten years would be appropriate, taking into account the need to avoid over burdening manufacturers. This Regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers. AWhether or not a newly rescaled label should have empty top classes shall be determined on product by product, with a view to encourage technological progress and enable ever more efficient products to be developed and recognised. When a label is rescaled, confusion to customers should be avoided by replacing all energy labels within a short timeframe. (This amendment shall be voted along with relevant amendment 116 on art 7.3)

2016/03/01
Committee: ENVI

2015/0149(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 11

(11) ‘Energy-related product’ means any good ~~or system or service with~~having an impact on energy consumption during use, which is placed on the market and/or put into service in the Union, including parts intended to be incorporated into energy-related products covered by this Directive which are placed on the market and/or put into service as individual parts for customers and of which the environmental performance can be assessed independently;

2016/03/01
Committee: ENVI

2015/0149(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13

(13) ‘Label’ means a graphic diagram ~~including a classification using letters from A to G in seven different colours from dark green to red in order to show consumption of energy~~, in printed or electronic form, including a classification to show products’ consumption of energy efficiency, in order to allow products comparison;

2016/03/01
Committee: ENVI

2015/0149(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 17

(17) ‘Product information sheet’ means a standard table, in printed or electronic form, of information relating to a product;

2016/03/01
Committee: ENVI

2015/0149(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 18

(18) ‘Rescale’ means a ~~periodic exercise~~n exercise that changes the correlation between energy efficiency and the class on of a label scheme in order to make more stringent the requirements for achieving the energy class on a label for a particular product~~, which, for existing labels may imply the deletion of certain energy classes~~;

2016/03/01
Committee: ENVI

2015/0149(COD)

Proposal for a regulation
Article 3 – paragraph 1 – points a and aa (new)

(a) they shall ensure that products placed on the market are provided, free of charge, with accurate labels ~~and~~, made available in printed or electronic form, and with product information sheets in accordance with this Regulation and the relevant delegated acts; (aa) For the product groups where the product consists of several parts/components, and the energy efficiency class of the product is a function of such combination, suppliers shall make accurate labels available ,free of charge, to dealers at the point of display without prejudice to the supplier’s choice of delivery of labels.

2016/03/01
Committee: ENVI

2015/0149(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b

(b) they shall deliver labels promptly and free of charge on request from dealers; in accordance with the relevant delegated acts which may specify the form of the label (printed or electronic) considering dealers’ needs;

2016/03/01
Committee: ENVI

2015/0149(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)

(ba) they shall make available free of charge the product information sheet (printed or electronic) to the dealer without prejudice to the suppliers’ choice of form of the product information sheet, in accordance with the relevant delegated acts;

2016/03/01
Committee: ENVI

2015/0149(COD)

Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 2

The obligations of Article 3.1(b) do not apply after a model has been discontinued.

2016/03/01
Committee: ENVI

2015/0149(COD)

Proposal for a regulation
Article 7 – paragraph 3

3. The Commission shall (based upon studies on future potential technical evolution) ensure that, when a label is introduced or rescaled, the requirements are laid down so that nothe majority of products are not expected to fall in energy efficiency classes A ~~or B at the moment of the introduction of the label and so that the estimated time within which a majority of model~~within ten years. If necessary, this may be achieved for individual product groups by designing the scale so that no products falls in~~to those classes shall be at least ten years later.~~ top class(es) from the start. (this amendment requires shall be voted along with relevant amendment on Recital 11)

2016/03/01
Committee: ENVI

2015/0149(COD)

Proposal for a regulation
Article 7 – paragraph 4

4. Labels ~~shall be re-scaled periodically.~~ , for a specific product group with an A-G scale , shall be re-scaled when the majority of products (based on items sold in the preceding year) fall in the top energy efficiency class (A) and when additional savings may be achieved by further differentiating products.

2016/03/01
Committee: ENVI

2015/0149(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point a

(a) according to the most recently available figures and considering the quantities placed on the Union market, the product group shall have significant potential for ~~saving energ~~European energy savings by increasing the product’s energy efficiency and where relevant, other resources used by the product;

2016/03/01
Committee: ENVI

2015/0149(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point b

(b) product ~~groups with equivalent functionality shall differ significantly in~~ s within the product group have the potential for improvement - or already existing meaningful disparity - with respect to energy efficiency and other relevant ~~performance levels~~resources used by the product;

2016/03/01
Committee: ENVI

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point b

(b) the design and content of the label, including a scale showing ~~consumption of energy consisting of A to G~~energy efficiency based on an A to G classification, which as far as possible shall have uniform design characteristics across product groups and shall in all cases be clear and legible; Further differentiation in the A-G scale shall be considered for a product group if this would be necessary to achieve sufficient differentiation of energy efficiency and functioning of the energy label.

2016/03/01
Committee: ENVI

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI

Proposal for a regulation
Recital 4

(4) It is appropriate to replace Directive 2010/30/EU by a Regulation which maintains the same scope, but modifies and enhances some of its provisions in order to clarify and update their content. A Regulation is the appropriate legal instrument as it imposes clear and detailed rules which do not give room for divergent transposition by Member States and ensures thus a higher degree of harmonisation across the Union. A harmonised regulatory framework at Union rather than at Member State level brings down costs for manufacturers and ensures a level playing field. Harmonisation across the Union ensures the free movement of goods across the Single Market. As the energy consumption of means of transport for persons or goods is directly or indirectly regulated by other Union legislation and policies, it is appropriate to continue to exempt them from the scope of this Regulation. This exemption includes means of transport whose motor stays in the same location during operation, such as elevators, escalators and conveyor belts.

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Aldo PATRICIELLO, Werner LANGEN, Antonio TAJANI, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Recital 4 a (new)

(4a) It is appropriate to exempt second hand products from this Regulation, which includes all those products that have been put into service before being made available on the market for a second or additional time.

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Aldo PATRICIELLO, Werner LANGEN, Antonio TAJANI, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Recital 8

(8) The conclusions of the European Council of 23 and 24 October 2014 set an indicative target at Union level of at least 27% for improving energy efficiency in 2030 compared to projections of future energy consumption. ~~This target will be reviewed by 2020 having in mind an Union level of 30%.~~ They also set a binding EU target of at least 40% domestic reduction in greenhouse gas emissions by 2030 compared to 1990, including a 30% reduction of emissions in non-ETS sectors.

2016/03/08
Committee: ITRE

2015/0149(COD)

Proposal for a regulation
Recital 9

(9) The provision of accurate, relevant and comparable information on the specific energy consumption of energy-related products facilitates the customer's choice in favour of those products which consume less energy and other essential resources during use. A standardised mandatory label is an effective mean to provide potential customers with comparable information on the energy ~~consumption~~efficiency of energy-related products. It should be supplemented with a product information sheet, which may be made available electronically. The label should be easily recognisable, simple and concise. To this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the energy efficiency of products. A classification using letters from A to G has shown to be most effective for customers. In situations where because of ecodesign measures under Directive 2009/125/EC products can no longer fall into classes 'F' or 'G', those classes should not be shown on the label. For exceptional cases this should also be extended to the 'D' and 'E' classes, although this situation is unlikely to occur given that the label would be rescaled once a majority of product models falls into the top two classes.

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Henna VIRKKUNEN, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Recital 10

(10) Advances in digital technology allow for alternative ways of delivering and displaying labels electronically, such as on the internet, but also on electronic displays in shops. In order to take advantage of such advances, this Regulation should allow the use of electronic labels as replacement of or complementary to the physical energy label. In cases where it is not feasible to display the energy label, such as certain forms of distance selling and ~~in advertisements and~~ technical promotional material, potential customers should be provided at least with the energy class of the product. Technical promotional material does not include advertisements in billboards, magazines and newspapers, radio or television broadcasting and similar online formats.

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA, Pascal ARIMONT

Proposal for a regulation
Recital 11

(11) Manufacturers respond to the energy label by creating ever more efficient products. This technological development leads to products populating mainly the highest classes of the energy label. Further product differentiation may be necessary to allow customers a proper comparison, leading to the need to rescale labels. For the frequency of such rescaling a timescale of approximately ten years would be appropriate, taking into account the need to avoid over burdening manufacturers. This Regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers. A newly rescaled label ~~should~~may have an empty top classes to encourage technological progress and enable ever more efficient products to be developed and recognised. When a label is rescaled, confusion to customers should be avoided by ~~replacing all energy labels within a short timefram~~making the newly introduced label easily distinguishable from the old label by its visual appearance.

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Recital 12

(12) In the case of a rescaled label, suppliers should provide both the old and the rescaled labels to dealers during a certain period. The replacement of the existing labels on products on display, including on the Internet, with the rescaled labels should take place as quickly as possible after the date of replacement specified in the delegated act on the rescaled label. Dealers should not display the rescaled labels before the date of replacement.deleted

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Recital 15

(15) In order to ensure legal certainty, it is necessary to clarify that rules on Union market surveillance and control of products entering the Union market provided for in Regulation (EC) No 765/2008 of the European Parliament and of the Council21 apply to energy-related products. Given the principle of free movement of goods, it is imperative that the market surveillance authorities of the Member States cooperate with each other effectively. Such cooperation, in particular in the framework of the Energy Labelling Administrative Cooperation Working Group (ADCO) on energy labelling should be reinforced through support by the Commission. __________________ 21 OJ L 218, 13.8.2008, p. 30. OJ L 218, 13.8.2008, p. 30.

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Henna VIRKKUNEN, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Recital 16

(16) In order to facilitate the monitoring of compliance and to provide up-to-date market data for the regulatory process on revisions of product-specific labels and information sheets, suppliers should provide their product compliance information electronically in a database established by the Commission. The information should be made publicly available to provide information for customers and to allow for alternative ways for dealers to receive labels. Market surveillance authorities should have access to the information in the database.deleted

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA, Pascal ARIMONT

Proposal for a regulation
Recital 20

(20) TBased on the scope of this regulation, the Commission should provide a working plan for the revision of labels of particular products including an indicative list of further energy-related products for which an energy label could be established. The working plan should be implemented starting with a technical, environmental and economic analysis of the product groups concerned. This analysis should also look at supplementary information including the possibility and cost to provide consumers with information on the performance of an energy-related product, such as , upon which the Council and the European Parliament should be continuously formally informed by the Commission, should be implemented starting witsh a~~bsolute energy consumption, durability or environmental performance, in coherence with the objective to promote a circular economy~~ technical, environmental and economic analysis of the product groups concerned. Such supplementary information should improve the intelligibility and effectiveness of the label towards consumers and should not lead to any negative impact on consumers.

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Henna VIRKKUNEN, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Recital 21

(21) In order to establish product-specific labels and information sheets and operational details relating to the product database, the power to adopt acts in accordance with Article 290 on the Treaty on the Functioning of the European Union should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and with the Consultation Forum.deleted

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation lays down a framework on the indication by labelling and standard product information of the ~~consumption of energy~~energy- efficiency of energy-related products and othe~~r resources~~ consumption of energy by energy- related products during use and supplementary information concerning energy-related products in order to allow customers to choose more efficient products.

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 2 – paragraph 1 – point 9

(9) ‘Dealer’ ~~means a retailer or other person who sells, hires, offers for hire purchase or displays products to customers~~is the natural or legal person in the supply chain, other than the manufacturer or importer, who makes an energy-related product available on the market;

2016/03/08
Committee: ITRE

2015/0149(COD)

Michał BONI, Janusz LEWANDOWSKI, Antonio TAJANI

Proposal for a regulation
Article 2 – paragraph 1 – point 11

(11) ‘Energy-related product’' means any good ~~or system or service with~~having an impact on energy consumption during use, which is placed on the market and/or put into service in the Union, including parts intended to be incorporated into energy-related products covered by this regulation which are placed on the market and/or put into service as individual parts for customers and of which the environmental performance can be assessed independently;

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Aldo PATRICIELLO, Werner LANGEN, Antonio TAJANI, Henna VIRKKUNEN, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, András GYÜRK, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 2 – paragraph 1 – point 13

(13) ‘Label’ means a graphic diagram, in printed or electronic form, including a classification using letters from A to G in seven different colours from dark green to red in order to show energy efficiency and consumption of energy;

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Aldo PATRICIELLO, Werner LANGEN, Antonio TAJANI, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA, Pascal ARIMONT

Proposal for a regulation
Article 2 – paragraph 1 – point 18

(18) 'Rescale' means a ~~periodic~~n exercise to make more stringent the requirements for achieving the energy class on a label for a particular product~~, which, for existing labels may imply the deletion of certain energy classes~~;

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Henna VIRKKUNEN, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, András GYÜRK, Pascal ARIMONT

Proposal for a regulation
Article 2 – paragraph 1 – point 20

(20) 'Supplementary information' means information on the functional and environmental performance of an energy- related product, ~~such as its absolute energy consumption or durability,~~ which is based on data that are measurable and verifiable by market surveillance authorities, is unambiguous and has no significant negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers.

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI

Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)

(20a) 'capital good' means any good which is not intended for consumers or not likely, under reasonably foreseeable conditions, to be used by consumers;

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Aldo PATRICIELLO, Werner LANGEN, Antonio TAJANI, Henna VIRKKUNEN, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA, Pascal ARIMONT

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) they shall ensure that products placed on the market are ~~provid~~supplied, free of charge, with accurate printed labels and make available product information sheets, printed or electronically, for each unit in accordance with this Regulation and the relevant delegated acts; delegated acts may provide that the label is printed on the packaging of the product. For product groups where the product consists of several parts or components and the energy efficiency is function of such components, suppliers shall provide labels, free of charge, to dealers at the moment of display.

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Henna VIRKKUNEN, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, András GYÜRK, Pilar DEL CASTILLO VERA, Pascal ARIMONT

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) they shall ensure the accuracy of the labels they provide and product information sheets that they ~~provid~~make available and produce technical documentation sufficient to enable the accuracy to be assessed by market surveillance authorities;

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Henna VIRKKUNEN, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 3 – paragraph 1 – point d

~~(d) they shall, prior to placing a product model on the market, enter into the product database established in accordance with Article 8 the information detailed in Annex I.~~deleted

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA, Pascal ARIMONT

Proposal for a regulation
Article 3 – paragraph 2 – point a

(a) they shall display in a visible manner, directly on the appliance or in its immediate proximity, the label provided by the supplier ~~or otherwise made available~~ for a product covered by a delegated act;

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Henna VIRKKUNEN, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA, Pascal ARIMONT

Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part

(b) they shall, where they do not have a label or a rescaled label, request the label or a rescaled label from the supplier;

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Aldo PATRICIELLO, Werner LANGEN, Antonio TAJANI, Henna VIRKKUNEN, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 3 – paragraph 2 – point b – point i

~~(i) request the label or a rescaled label from the supplier;~~deleted

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Aldo PATRICIELLO, Werner LANGEN, Antonio TAJANI, Henna VIRKKUNEN, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 3 – paragraph 2 – point b – point ii

~~(ii) print out the label from the product database established in accordance with Article 8 if that function is available for that product; or~~deleted

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Aldo PATRICIELLO, Werner LANGEN, Antonio TAJANI, Henna VIRKKUNEN, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 3 – paragraph 2 – point b – point iii

~~(iii) print out the label or a rescaled label from the supplier's website if that function is available for that product.~~deleted

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Henna VIRKKUNEN, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 3 – paragraph 3 – point a

(a) they shall make reference to the energy efficiency class of the product in any ~~advertisement or~~ technical promotional material for a specific model of products in accordance with the relevant delegated act;

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Henna VIRKKUNEN, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 4 – paragraph 3

3. Where Member States provide any incentives for an energy-related product covered by this Regulation and specified in a delegated act, these shall aim at least at the highest occupied classes of energy efficiency laid down in the applicable delegated act.

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Aldo PATRICIELLO, Werner LANGEN, Antonio TAJANI, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA, Pascal ARIMONT

Proposal for a regulation
Article 4 – paragraph 4

4. Member States shall ensure that the introduction of labels including rescaled labels and product information sheets is accompanied by educational and promotional information campaigns aimed at promoting energy efficiency and more responsible use of energy by customers, if appropriate in cooperation with dealers. These activities should be coordinated by the European Commission.

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 5 – paragraph 2

2. The Commission shall support cooperation and exchange of information on market surveillance of energy labelling of products among national authorities of the Member States responsible for market surveillance or external border controls in the framework of the Energy Labelling Administrative Cooperation Working Group (ADCO) and between such authorities and the Commission.

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI

Proposal for a regulation
Article 6 – paragraph 1

1. Where the market surveillance authorities of one Member State have sufficient reason to believe that an energy- related product covered by a delegated act under this Regulation ~~presents a risk to aspects of public interest protection covered by this Regulation, they shall carry out~~does not comply with the requirements of the delegated act and therefore presents a risk to aspects of public interest protection, they shall carry out, in accordance with regulation 765/2008/EU, an evaluation in relation to the energy-related product concerned covering all the requirements laid down in this Regulation and its relevant delegated acts. The supplier shall cooperate as necessary with the market surveillance authorities for that purpose.

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Henna VIRKKUNEN, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI

Proposal for a regulation
Article 6 – paragraph 3

3. ~~Where t~~The market surveillance authorities ~~consider that non-compliance is not restricted to their national territory, they~~ shall inform the Commission and the other Member States of the results of the evaluation and of the actions which they have required the supplier to take.

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA, Pascal ARIMONT

Proposal for a regulation
Article 7 – paragraph 2

2. When, for a given product group, no models belonging to energy classes D, E, F or G are allowed to be placed on the market any more because of an implementing measure adopted under Directive 2009/125/EC, the class or classes in question shall no longer be shown on the label.deleted

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Henna VIRKKUNEN, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA, Pascal ARIMONT

Proposal for a regulation
Article 7 – paragraph 3

3. The Commission shall ensure ~~that, when~~, based on studies on future technical evolution, that a label is only introduced or rescaled~~, the requirements are laid down so that no products are expected to f~~ when technological progress makes this necessary and shall in gener~~gy classes A or B at the moment of the introduction of the label and so that the~~ally aim for a validity of at least ten years for the introduced or rescaled label. It shall review the label once it estimateds t~~ime within which a majority of model~~hat 40 percent of the products sold within the Union markets falls into th~~ose classes shall be at least ten years later~~e top energy class and further technological development can be expected soon.

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Henna VIRKKUNEN, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, András GYÜRK, Pilar DEL CASTILLO VERA, Pascal ARIMONT

Proposal for a regulation
Article 7 – paragraph 4

4. Labels shall be re-scaled ~~periodically~~when it estimates that 40 % of products sold fall into energy class A and, based upon studies on future potential technical evolution, further technological development can be expected soon.

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Henna VIRKKUNEN, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 7 – paragraph 5

5. When a label is rescaled: (a) suppliers shall provide both the current and the rescaled labels to dealers for a period of six months before the date specified in paragraph (b). (b) dealers shall replace the existing labels on products on display including on the Internet with the rescaled labels within one week following the date specified for that purpose in the relevant delegated act. Dealers shall not display the rescaled labels before that date.deleted

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Aldo PATRICIELLO, Werner LANGEN, Antonio TAJANI, Henna VIRKKUNEN, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA, Pascal ARIMONT

Proposal for a regulation
Article 7 – paragraph 5 a (new)

5a. The design of the rescaled label shall differ visibly from its predecessor. The European Commission shall ensure the development of communication and information campaigns to be rolled out by Member States in accordance with Article 4.4.

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Henna VIRKKUNEN, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 8

~~The Commission shall establish and maintain a product database including the information referred to in Annex I. The information listed under point 1 of Annex I shall be made publicly available.~~Article 8 Product database deleted

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI

Proposal for a regulation
Article 10 – paragraph 1

In the conduct of its activities under this Regulation the Commission shall ensure in respect of each delegated act, a balanced participation of Member States’ representatives (including market surveillance authorities) and interested parties concerned with the product group in question, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental protection groups and consumer organisations. For this purpose, the Commission shall establish a Consultation Forum in which these parties shall met. This Consultation Forum may be combined with the Consultation Forum referred to in Article 18 of Directive 2009/125/EC.

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI

Proposal for a regulation
Article 12 – paragraph 1

1. The Commission shall be empowered to adopt delegated acts concerning detailed requirements relating to labels for ~~specific~~ groups of energy-related products ('~~specific~~ product groups') in accordance with Article 13.

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI

Proposal for a regulation
Article 12 – paragraph 2 – point a

(a) according to the most recently available figures and considering the quantities placed on the Union market, the product group shall have significant potential for saving energy ~~and where relevant, other resources~~used by consumers using products belonging to the product group in the European Union;

2016/03/08
Committee: ITRE

2015/0149(COD)

Michał BONI, Janusz LEWANDOWSKI, Antonio TAJANI, Massimiliano SALINI

Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point a

(a) ~~the definition of the specific product groups falling under the definition of 'energy-related~~which energy-related products, belonging to a product' group set out in Article 2(11) ~~which~~ are to be covered;

2016/03/08
Committee: ITRE

2015/0149(COD)

Michał BONI, Janusz LEWANDOWSKI, Antonio TAJANI, Massimiliano SALINI

Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point b

(b) the design and content of the label, including a scale showing ~~consumption of energy consisting of A to G~~energy efficiency based on an A to G classification, which as far as possible shall have uniform design characteristics across product groups and shall in all cases be clear and legible; Further differentiation in the A-G scale shall be considered for a product group if this would be necessary to achieve sufficient differentiation of energy efficiency and functioning of the energy label;

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point i

~~(i) the obligations on suppliers and~~ deale~~rs in relation to the product database;~~ted

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Henna VIRKKUNEN, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point j

(j) the specific indication of the energy class to be included in ~~advertisements and~~ technical promotional material, including requirements for this to be in a legible and visible form;

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Henna VIRKKUNEN, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 5

~~The Commission shall be empowered to adopt~~ delegated ~~acts regarding operational details relating to the product database, including any obligations on suppliers and dealers in accordance with Article 13.~~

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 15 – paragraph 1

Directive 2010/30/EU is repealed with effect from 1 January 20178.

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 16 – paragraph 2

It shall apply from 1 January 20178.

2016/03/08
Committee: ITRE

2015/0149(COD)

Herbert REUL, Werner LANGEN, Antonio TAJANI, Henna VIRKKUNEN, Michał BONI, Janusz LEWANDOWSKI, Hermann WINKLER, Massimiliano SALINI, Pilar DEL CASTILLO VERA

Proposal for a regulation
Annex I

Information to be included in the product database 1. Publicly available product information: (p) manufacturer's or supplier's name or trademark; (q) the model identifier(s), including of all equivalent models; (r) the label in electronic format; (s) the class(es) and other parameters on the label; (t) the product information sheet in electronic format. 2. Compliance information, only available to Member States' market surveillance authorities and the Commission: (u) the technical documentation specified in the applicable delegated act; (v) test report or similar technical evidence enabling compliance with all requirements in the applicable delegated act to be assessed; (w) name and address of the supplier; (x) the contact details of a representative of the supplier.deleted

2016/03/08
Committee: ITRE

2015/0009(COD)

Michał BONI, Lambert van NISTELROOIJ, Carlos ZORRINHO, Pilar DEL CASTILLO VERA, Markus PIEPER, Christian EHLER, Krišjānis KARIŅŠ, Seán KELLY

Proposal for a regulation
Recital 10

(10) The purpose of the EFSI should be to help resolve the difficulties in financing and implementing productive investments in the Union and to ensure increased access to financing. It is intended that increased access to financing should be of particular benefit to small and medium enterprises. It is also appropriate to extend the benefit of such increased access to financing to mid- cap companies, which are companies having up to 3000 employees. Overcoming Europe's current investment difficulties should contribute to strengthening the Union's economic, social and territorial cohesion and digital development.

2015/03/16
Committee: ITRE

2015/0009(COD)

Michał BONI, Lambert van NISTELROOIJ, Carlos ZORRINHO, Pilar DEL CASTILLO VERA, Markus PIEPER, Christian EHLER

Proposal for a regulation
Recital 12

(12) Many small and medium enterprises, as well as mid-cap companies, also oriented at digital development across the Union require assistance to attract market financing, especially as regards investments that carry a greater degree of risk. The EFSI should help these businesses to overcome capital shortages by allowing the EIB and the European Investment Fund ('EIF') to provide direct and indirect equity injections, as well as to provide guarantees for high-quality securitisation of loans, and other products that are granted in pursuit of the aims of the EFSI.

2015/03/16
Committee: ITRE

2015/0009(COD)

Michał BONI, Lambert van NISTELROOIJ, Carlos ZORRINHO, Pilar DEL CASTILLO VERA

Proposal for a regulation
Recital 14

(14) The EFSI should target projects delivering high societal and economic value. In particular, the EFSI should target projects that promote job creation, long- term growth and competitiveness. The EFSI should support a wide range of financial products, including equity, debt or guarantees, to best accommodate the needs of the individual project also objectives related to the digital development in Europe. This wide range of products should allow the EFSI to adapt to market needs whilst encouraging private investment in the projects. The EFSI should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money. The requirement for consistency with State aid principles should contribute to such effective and strategic use.

2015/03/16
Committee: ITRE

2015/0009(COD)

Michał BONI, Lambert van NISTELROOIJ, Danuta Maria HÜBNER, Markus PIEPER, Seán KELLY

Proposal for a regulation
Recital 17

(17) Decisions on the use of the EFSI support for infrastructure and large mid- cap projects should be made by an Investment Committee. The Investment Committee should be composed of independent experts who are knowledgeable and experienced in the areas of investment projects in the sectorial domains specified in the Regulation as well as geographic markets within the Union. The Investment Committee should be accountable to a Steering Board of the EFSI, who should supervise the fulfilment of the EFSI's objectives. To effectively benefit from the experience of the EIF, the EFSI should support funding to the EIF to allow the EIF to undertake individual projects in the areas of small and medium enterprises and small mid-cap companies.

2015/03/16
Committee: ITRE

2015/0009(COD)

Michał BONI, Lambert van NISTELROOIJ, Carlos ZORRINHO, Pilar DEL CASTILLO VERA, Markus PIEPER

Proposal for a regulation
Recital 20

(20) At the level of projects, third parties may co-finance together with EFSI on a project-by-project basis or in investment platforms related to specific geographic or thematic sectors. Special attention should be given to investment platforms that focus on transformative sectors with high economic and societal added value, and investment platforms that aggregate small scale sustainable and innovative projects, notably driven by regions, cities and SMEs; for example energy efficiency projects such as the refurbishment of building stock and smart grids projects such as digital infrastructure modernization and new citizen services based on digital innovative tools.

2015/03/16
Committee: ITRE

2015/0009(COD)

Proposal for a regulation
Recital 20

(20) At the level of projects, third parties may co-finance together with EFSI on a project-by-project basis or in investment platforms related to specific geographic or thematic sectors. Special attention shall be given to investment platform that highlights added value related to the potentiality of the digital drivers present in all sectors of the economy to help the Digital Single Market implementation goals and the development of digital infrastructure.

2015/03/16
Committee: ITRE

2015/0009(COD)

Michał BONI, Lambert van NISTELROOIJ, Danuta Maria HÜBNER, Markus PIEPER, Seán KELLY

Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 2

The Investment Committee shall be composed of ~~six~~twelve independent experts and the Managing Director. Independent experts shall have a high level of relevant market experience in project finance ~~and~~in the areas pointed in Article 5(2) as well as geographic markets within the Union. The Investment Committee shall be appointed by the Steering Board for a renewable fixed term of three years.

2015/03/16
Committee: ITRE

2015/0009(COD)

Michał BONI, Lambert van NISTELROOIJ, Danuta Maria HÜBNER, Carlos ZORRINHO, Pilar DEL CASTILLO VERA, Markus PIEPER, Krišjānis KARIŅŠ

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point b a (new)

(ba) improvement and promotion of the smart use of ICT and the integration of SMEs in digital value chains;

2015/03/16
Committee: ITRE

2014/2256(INI)

Adina VĂLEAN, Michał BONI, Seán KELLY

Draft opinion
Paragraph 1

1. Stresses that the European cultural and creative industries are an engine for economic growth and job creation in the EU, as they employ more than 7 million people and generate more than 4.2 % of EU GDP; emphasises that cultural industries continued to create jobs during the economic crisis of 2008-2012 and have played an important role in boosting European Union's competitiveness;

2015/03/25
Committee: ITRE

2014/2256(INI)

Draft opinion
Paragraph 1 a (new)

1a. Reminds that notable contribution to the economic growth, innovation, and job creation in the EU is also generated by institutions relying on exceptions and limitations to copyright;

2015/03/25
Committee: ITRE

2014/2256(INI)

Draft opinion
Paragraph 2

2. Underlines that copyright and related rights constitute the legal framework for the European cultural and creative industries, as well as the educational and research sector and form the ~~basis for their ability to generate economic~~sector benefiting form exceptions and limitations these rights and form the basis for their activity and employment;

2015/03/25
Committee: ITRE

2014/2256(INI)

Adina VĂLEAN, José BLANCO LÓPEZ, Michał BONI, Seán KELLY

Draft opinion
Paragraph 3

3. Acknowledges the need to review Directive 2001/29/EC in order to ensure appropriate remuneration for copyright holders and appropriate protection of these rights, as well the rights of users in a changing and constantly evolving technological environment, which brings both opportunities and challenges. One of the main aim should be copyright modernization in order to facilitate cross- border access to services and content, while preserving high level of protection of intellectual property rights, serving development and cultural diversity;

2015/03/25
Committee: ITRE

2014/2256(INI)

Draft opinion
Paragraph 3 a (new)

3a. Recognises that an appropriate adaptation of Directive 2001/29/EC to the digital era may give rise to entrepreneurship and new business models, thus fostering innovation and employment.

2015/03/25
Committee: ITRE

2014/2256(INI)

Adina VĂLEAN, Michał BONI

Draft opinion
Paragraph 3 b (new)

3b. Notes that the application of the European Union legal framework for copyright and related rights is varying widely among Member States, which may create obstacles to the full development and functioning of the Digital Single Market;

2015/03/25
Committee: ITRE

2014/2256(INI)

Draft opinion
Paragraph 4 a (new)

4a. Considers the necessity of strengthening the legal framework of exceptions and limitations for education and research, which in particular supports new educational services and innovative research. The law should also clarify that researchers are allowed to read and analyse all available information, also through text and data mining – taking into account economic added value and competitiveness of European research;

2015/03/25
Committee: ITRE

2014/2256(INI)

Adina VĂLEAN, Michał BONI, Seán KELLY

Draft opinion
Paragraph 4 b (new)

4b. Considers it necessary to provide a clear updated framework for cultural institutions that allow libraries to conduct e-lending and allows libraries, archives and museums to make available online protected works that are no longer in commercial circulation;

2015/03/25
Committee: ITRE

2014/2256(INI)

Draft opinion
Paragraph 8 a (new)

8a. Encourages the Commission to continue dialogue and collaboration with the United States, on the respective copyright legislative frameworks, within the Transatlantic Trade and Investment Partnership negotiations, to address potential market access barriers and trade obstacles;

2015/03/25
Committee: ITRE

2014/2254(INI)

Motion for a resolution
Recital G a (new)

Ga. whereas article 22 of the Charter of Fundamental Rights of the European Union obliges the Union to "respect cultural, religious and linguistic diversity",

2015/05/18
Committee: LIBE

2014/2254(INI)

Motion for a resolution
Recital G b (new)

Gb. whereas fundamental freedoms, human rights and equal opportunities shall be provided for all citizens of the European Union including persons belonging to national and linguistic minorities;

2015/05/18
Committee: LIBE

Pál CSÁKY, Michał BONI, Kinga GÁL, Csaba SÓGOR, Tomáš ZDECHOVSKÝ

Proposal for a directive
Article 2 – paragraph 1 a (new)

Without prejudice to the right to a fair trial, in respect of minor offences: (a) where the law of a Member State provides for the imposition of a sanction by an authority other than a court having jurisdiction in criminal matters, and the imposition of such a sanction may be appealed or referred to such a court; or (b) where deprivation of liberty cannot be imposed as a sanction; this Directive shall only apply to the proceedings before a court having jurisdiction in criminal matters. In any event, this Directive shall fully apply where the suspect or accused person is deprived of liberty, irrespective of the stage of the criminal proceedings.

2015/02/03
Committee: LIBE

2011/0023(COD)

Draft legislative resolution
Citation 5 a (new)

- having regard to the European Parliament resolution of 11 February 2015 on anti-terrorism measures (2015/2530(RSP)),

2015/04/20
Committee: LIBE

Proposal for a directive
Recital 21 a (new)

(21a) PNR data should be processed to the greatest extent possible in a masked out way in order to ensure a highest level of data protection by making it impossible for those having access to masked out data to identify a person and to draw conclusions as to what persons are related to that data. Re-identifying masked out data is possible only under conditions ensuring a high level of data protection.

2015/04/20
Committee: LIBE

2011/0023(COD)

2011/0023(COD)