2846 Amendments of Ivan ŠTEFANEC
Amendment 14 #
2023/2123(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the European electrolyser manufacturing industry has set an objective of installing at least 25GW of manufacturing capacity by 2025 in order to fulfil the 10 million tonnes of domestic production of renewable hydrogen in the EU by 2030, representing around 120 GW of installed capacity in Europe;
Amendment 19 #
2023/2123(INI)
Motion for a resolution
Recital E
Recital E
E. whereas fuel cells and electrolysers require chemicals, technology-intensive components and several critical raw materials, in particular platinum-group metals, the main producers of which are either not located in the EU or whose production in the EU has been curtailed due to uncompetitive operating conditions;
Amendment 24 #
2023/2123(INI)
Motion for a resolution
Recital F
Recital F
F. whereas a market for renewable and low-carbon hydrogen remains to be built and will require appropriate customer protection and significant investments in order to achieve climate and carbon neutrality targets to be incentivised in all hard-to-abate sectors;
Amendment 30 #
2023/2123(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas end-use demand for renewable and low-carbon products needs to be incentivised in all sectors;
Amendment 31 #
2023/2123(INI)
Motion for a resolution
Subheading -1
Subheading -1
Clarifying the role of the Hydrogen Bank as an “Umbrella-scheme”
Amendment 32 #
2023/2123(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission communication on the European Hydrogen Bank (EHB); notes that the name ‘European Hydrogen Bank’ can be misleading, as this is not a bank but an initiative aiming to coordinate activities and financing to support renewable and low-carbon hydrogen projects; considers that the EHB should bear clear responsibility for the implementation of the recommendations included in this resolution under an efficient and streamlined “umbrella-scheme”;
Amendment 35 #
2023/2123(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Encourages the Commission to provide more funding support and visibility to that initiative, as it will represent an important milestone for kick- starting the European hydrogen market;
Amendment 37 #
2023/2123(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the European Hydrogen Bank can act complementarily to the Net-Zero Industry Act, serving the increased demand for EU-produced hydrogen and the installed production of electrolysers;
Amendment 49 #
2023/2123(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that, to secure the EU’s industrial sovereignty in a context of open strategic autonomy, the EHB should strongly prioritise ramping up domestic production, while enabling the ramp-up of competitive import sources of renewable hydrogen;
Amendment 62 #
2023/2123(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises that Hydrogen Valleys and related infrastructures play an important role in fostering innovation and contributing to the local economy, as they provide secured clusters of hydrogen supply and demand in Europe; notes therefore that the EHB has the responsibility to coordinate and support all relevant consumption centres across Hydrogen Valleys and upscale the large- scale hydrogen flagship projects;
Amendment 67 #
2023/2123(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that the EHB should support, and act as an “umbrella-scheme” for, the whole supply chain of hydrogen across the Union;
Amendment 68 #
2023/2123(INI)
Motion for a resolution
Subheading 1
Subheading 1
Financial support for the domestic production of renewable and low-carbon hydrogen
Amendment 70 #
2023/2123(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the Commission’s decision to launch a first price-based pilot auction to support renewable hydrogen; takes note of the budget of EUR 800 million for supporting the production of renewable hydrogen over 10 years;
Amendment 74 #
2023/2123(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Asks the Commission to not only consider price, but also to explore the inclusion of a clear system of bonus points for the ranking of bids; notes that such a system should reward bids that deliver the highest level of sustainability or lead to significant job creation and promote high-quality traineeships and the reskilling or upskilling of workers within the EU;
Amendment 75 #
2023/2123(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses that the EHB should support the production of hydrogen based on renewable electricity; notes that where not sufficient renewable electricity (i.e. additional renewable electricity) is available, as a transition period and up to a certain point, low-carbon electricity should be allowed to be used for the production of hydrogen supported via the EHB;
Amendment 76 #
2023/2123(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Agrees with a ceiling price as proposed by the Commission, in order to avoid overcompensation for the winning projects; notes, however, that as the delta between production and consumption of hydrogen will be high, at least at the very beginning, the ceiling price for the first call should be set at five euros per kilo for renewable hydrogen production;
Amendment 78 #
2023/2123(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Asks the Commission to consider complementary mechanisms for off-takers such as grants, contracts for difference and carbon contracts for difference; endorses also the Commission’s proposal to support producers with a fixed premium as it is a simple and transparent way to remunerate projects;
Amendment 81 #
2023/2123(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to revisit its proposed terms for cumulation of State aid as most hydrogen projects within the EU, which could sustainably deliver on relevant quantities, risk to be automatically excluded from the first EHB call;
Amendment 82 #
2023/2123(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
Amendment 83 #
2023/2123(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Reiterates the importance of geographical and sectoral balance to enable the production and use of renewable and low-carbon hydrogen across the EU; calls on the Commission to develop sectoral and regional auctions, providing the opportunity for all Member States to develop their hydrogen economy despite varying access to renewables, preferably close to projects under the Net-Zero Industry Act and in “net-zero valleys”;
Amendment 90 #
2023/2123(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the design of future auctions should prioritise, but not restrict, the sale of renewable and low-carbon hydrogen to hard-to-abate industries and heavy transport, considering in particular sectors subject to a renewable hydrogen mandate under the Renewable Energy Directive alongside heavy transport and the maritime sector;
Amendment 94 #
2023/2123(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls for clarity and coherence about the time of commissioning of projects, as it has to be sufficient and provide certainty that the equipment and infrastructure for the projects can be procured on time; stresses, therefore, that a maximum time of 5 years for the realisation of the projects has to be considered;
Amendment 97 #
2023/2123(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Asks the Commission to facilitate the access of SMEs in the bidding process, e.g. via a lower capacity minimum, the possibility of pooling and the submission of bids ahead of permits to ensure financial security;
Amendment 106 #
2023/2123(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recognises the urgent need to scale up the production of electrolysers in the EU; proposes differentiating between operating and capital expenditurealong with other hydrogen technologies in the EU; considers that potential support for capital expenditure on low-carbon hydrogen should onprimarily be directed towards investments that can contribute to the production of renewable hydrogen and the transition to climate neutrality at a later stage, in particular the purchase of electrolysers, and should not cover operating expenditure on low-carbon hydrogen;
Amendment 109 #
2023/2123(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Supports the Commission’s approach to further consult stakeholders on other elements, such as the use of bids or completion bonds (covering potentially the amount of 7.5% of the total support volume), making the tool more efficient to project developers and stakeholders;
Amendment 116 #
2023/2123(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the Commission’s idea of launching the concept of ‘auctions as a service’; considers that this could lower the administrative costs for the Member States; stresses that the administrative burdens in the application process should be reduced, as far as possible, so that the award processes can also be handled by SMEs;
Amendment 125 #
2023/2123(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for an evaluation of the EU Energy Platform and the joint purchases of gas established by the Council under Article 122 TFEU; calls on the Commission to start working on a legislative proposal under the ordinary legislativen impact assessment to extend the duration of the EU Energy Platform also to the hydrogen market; notes, in the same spirit, that the joint procedure to extend the duration of the EU Energy Platformment mechanism should be expanded also for the facilitation of hydrogen imports;
Amendment 130 #
2023/2123(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that, despite an increase in the domestic production of renewable and low-carbon hydrogen, growing demand would require imports from non-EU countries; stresses that the EHB should exploit synergies on the acceleration of imports of renewable hydrogen, addressing the increasing demand of the European market;
Amendment 135 #
2023/2123(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses altogether the importance of importing renewable hydrogen from third countries for reaching the target of 10 million tonnes of imported hydrogen by 2030 as set in the REPowerEU Plan, in order to ensure a proper balance between internal industrial policy and hydrogen diplomacy abroad;
Amendment 137 #
2023/2123(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that the CBAM will apply to hydrogen; calls on the Commission to deliver a robust certification scheme in line with the revised Renewable Energy Directive for imports of renewable hydrogen, equivalent to the rules applying to domestic production, safeguarding a level playing field for reliable international partners; calls on the Commission to ensure that the CBAM adequately ensures a level playing field for hydrogen produced in Europe, including with regard to the indirect carbon costs that are passed on to consumers in European electricity prices but are not faced by consumers in other regions of the world;
Amendment 143 #
2023/2123(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Commission to expand the joint procurement mechanism to facilitate hydrogen imports, to prepare guidelines with clear criteria for the selection of producers from non-EU countries that would be eligible for support, based on geopolitical risks, and their potential reduction through cooperation alignment with EU values and commitment to sustainability;
Amendment 150 #
2023/2123(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the importance of diversifying suppliers and maintaining a fair global playing field when providing support for renewable hydrogen production in non-EU countries; proposes requiring the use of the euro for imports of renewable hydrogen receiving EU support, in order to become the global currency of reference for hydrogen exchanges worldwide, as presented in the Hydrogen Accelerator;
Amendment 153 #
2023/2123(INI)
Motion for a resolution
Subheading 3 a
Subheading 3 a
Financial support for the transportation of renewable and low-carbon hydrogen
Amendment 154 #
2023/2123(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Emphasises that for a successful acceleration of the hydrogen market, it is necessary to have the appropriate infrastructure in place, not only for the import of hydrogen, but also for the production of hydrogen in Europe;
Amendment 155 #
2023/2123(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Supports the idea of developing local infrastructure for hard-to-abate sectors and hydrogen valleys, mitigating transportation costs by enhancing exploitation of hydrogen in the areas of production;
Amendment 156 #
2023/2123(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Recognises the need to ensure sufficient investments into hydrogen infrastructure connecting supply and demand; emphasises the urgency to build a hydrogen infrastructure (e.g. the European Hydrogen Backbone) to distribute hydrogen throughout the EU and therefore ensure that hydrogen can reach those industries that need it the most;
Amendment 157 #
2023/2123(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18d. Considers both grants and (carbon) contracts for difference with a transportation cost component as suitable instruments to support investments into hydrogen infrastructure; stresses, in the same perspective, that additional resources should be allocated to the CEF, enhancing the funding of relevant infrastructure by inviting the Commission to mobilise EU funding also under Cohesion Policy and the RRF;
Amendment 158 #
2023/2123(INI)
Motion for a resolution
Subheading 4
Subheading 4
Streamlining of EU instruments and financial implicationmechanisms
Amendment 159 #
2023/2123(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Takes note of the budget of EUR 3 billion for the EHB that was announced in the 2022 State of the Union address; calls on the Commission to significantly increase this budget; stresses that the budget of €800 million for the pilot auction should be increased to 2 billion euros per year until 2030 and to enshrine it into the legislative framework;
Amendment 163 #
2023/2123(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
Amendment 167 #
2023/2123(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Urges the Commission to examine the possibility of a potential raise of the duration support from 10 to 15 years with subsequent increase of the budget of EUR 800 million over the next years;
Amendment 168 #
2023/2123(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Asks the Commission to clarify the yearly budget available for the next five years under each pillar of the EHB, prepare a road map of planned auctions and, where appropriate, make a legislative proposal for a financial instrument targeting imports from non-EU countries under the umbrella of the EHB; stresses that the dates of any future auction rounds should be announced at least 24 months in advance;
Amendment 172 #
2023/2123(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses that funding for the EHB should not negatively impact the resources available under the Innovation Fund, which are themselves urgently needed to facilitate the transition to carbon neutrality; notes that, in addition to the Innovation Fund, other funding sources should be considered, such as unused RRF and MFF funds; suggests to the Commission to explore the possibility to establish a mechanism within the EHB to ensure synergies and coordinate resources from the RRF, the JTF, MFF and other related funds;
Amendment 174 #
2023/2123(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 189 #
2023/2123(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses the need for an annual report by the Commission assessing progress in the development of the renewable and low-carbon hydrogen market and evaluating the activities of the EHB; asks that this report also evaluate the geographical breakdown of funding, the number of jobs created, changes in supply and demand, the cost of renewable hydrogen compared to other forms of hydrogen, and the development of dedicated hydrogen infrastructures;
Amendment 2 #
2023/2043(INI)
Motion for a resolution
Citation 6
Citation 6
Amendment 3 #
2023/2043(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to the Better Internet for Kids strategy of the Commission,
Amendment 10 #
2023/2043(INI)
Motion for a resolution
Recital A
Recital A
A. whereas many digital services, such as online games, social media, streaming services for films, series or music, online marketplaces or web shops and dating apps arcan be designed to keep users on the platform for as long as possible so as to maximise the time and money they spend there; whereas consequently many online services arcan be designed to be as addictive as possible; whereas the terms ‘addictive design’ or ‘behavioural design’ of online services describe features that lead to behaviour-related forms of digital addiction, such as, ‘excessive or harmful internet use’, ‘smartphone addiction’, ‘technological or internet addiction’, ‘social media addiction’; whereas there is a growing consensus among academics that phenomena, such as ‘social media addiction’ exist;
Amendment 20 #
2023/2043(INI)
Motion for a resolution
Recital C
Recital C
C. whereas internet-use-related addiction displays several similar side effects to substance-related addictions, including evidence of tolerance and relapse; whereas strict regulation exists for addictive products, such as drugs, alcohol, tobacco and gambling to prevent addiction and protect consumers from harm; whereas problematic smartphone or internet use has been linked to lower life satisfaction and mental health symptoms such as depression, low self-esteem, body-image disorders, eating disorders, anxiety, high levels of perceived stress, neglect of family and friends, loss of self-control, lack of sleep and obsessive-compulsive symptoms, such as compulsive buying among young adultproblematic smartphone or internet use has been linked to lower life satisfaction and mental health symptoms; whereas heavy users of digital media are twice as likely to have mental- health issues, including risk factors for suicide and self-harm; whereas children and young people are more vulnerable to these symptoms; whereas mental-health conditions established in childhood can shape an individual’s subsequent life course; whereas excessive internet use is associated with problems with daily obligations, declining grades, poor school and academic performance or poor job performance;
Amendment 25 #
2023/2043(INI)
Motion for a resolution
Recital D
Recital D
D. whereas according to some research, excessive screen time or problematic use impacts brain development; whereas increases in social media use problems are linked to attention deficits, shorter attention spans, impulsiveness and attention deficit hyperactivity disorder (ADHD) symptoms; whereas intensive social media use has been associated with lower levels of grey matter in certain areas of the brain, just as is the case with other addictive substances, such as alcohol and heroin; whereas excessive screen time (more than 2-3 hours a day in front of a screen) can have effects on neurodevelopment, learning and memory, and the sedentary lifestyle linked to time spent on electronic media brings a potential increased risk of early neurodegeneration;
Amendment 28 #
2023/2043(INI)
Motion for a resolution
Recital E
Recital E
E. whereas addictive design can be seen to have a negative impact on everyone, not just individuals showing problematic usage patterns; whereas addictive design, especially of smartphones and social media, makes it hard to focus on the task in hand owing to distractions such as messages and notifications constantly disrupting peoples’ concentration, even at school or while driving; whereas the addictive design of online services leads to increased pressure to perform and social pressure to be permanently online and connected, increasing the risk of stress and burnout; whereas consumers online are increasingly confronted with an information overload and excessivenormous sensorial stimuli throughout the day, constraining their cognitive ability, and user interfaces offer only limited control over their data; whereas the time people spend behind screens is time not spent being active, moving, being outside, or shutting down and relaxing, all of which are associated with physical and mental well-beingwhich may lead to limited cognitive ability; whereas adolescents who spend a small amount of time on electronic communication are generally the happiest; whereas people that stop using social media for a week experience significant improvements in well-being;
Amendment 35 #
2023/2043(INI)
Motion for a resolution
Recital F
Recital F
F. whereas on average, adolescent girls spend more time online, on smartphones, social media and texting than boys; whereas boys spend more time on gaming and electronic devices in general; whereas girls show a stronger association between screen time and poor mental health than boys and are more than twice as likely to have clinically relevant levels of depressive symptoms than boys; whereas addictive online services such as such as Facebook, TikTok and Instagram are often targeted at minors;
Amendment 36 #
2023/2043(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the interfaces of some digital services exploit similar psychological vulnerabilities to those involved in an addiction to gambling; whereas addictive design features intentionally play into consumers’ vulnerabilities, making them spend much more time on applications and consuming more than intended; whereas platforms deploy gamification techniques, meaning behavioural design using game mechanics to reward the completion of tasks and giving users the illusion of choice and control, while being subjected to a deliberately highly curated timeline;
Amendment 40 #
2023/2043(INI)
Motion for a resolution
Recital H
Recital H
H. whereas addictive design features are often linked to psychosocial patterns playing on consumers’ psychological needs, vulnerabilities and desires, such as social belonging, social anxiety, fear of missing out (encouraged by information being available only temporarily, such as ‘stories’, ‘is typing…’), network effects, the urge to finish tasks in a flow, even if interrupted (endless scrolling, taking a number of seconds to load your newsfeed) and loss of self-control; whereas design features can be addictive for different reasons, such as an intermittent variable reward, leading to a dopamine surge, just like the dynamics of slot machines, such as push notifications, or social reciprocity leading to chemical brain reactions, where on the one hand people receive social gratification, such as likes, and on the other hand people feel social pressure to respond to people, such as with read-receipts; whereas children are more vulnerable to those features, especially in earlier developmental stages;
Amendment 44 #
2023/2043(INI)
Motion for a resolution
Recital I
Recital I
I. whereas addictive practices have been empirically studied and widely documented and include design features such as ‘infinite scroll’, ‘pull-to-refresh’ page reload, ‘never ending auto-play’ video features, personalised recommendations, ‘recapture notifications’, meaning notifications to regain users’ attention after leaving a service or app, ‘playing by appointment’ at certain moments during the day, design leading to ‘time fog’ causing a diluted perception of time or ‘fake social notifications’ creating the illusion of updates within the user’s social circle online, whereas such features are often to be found in conjunction with personalised elements and manipulate consumers into spending more time on these platforms; whereas other persuasive design features are elements are the ‘like-button’, ‘read- receipt functions’, ‘is typing’ displays, but also the number of followers collected on a platform, the colours platforms use, interaction-based recommendations and personalisation of content, push notifications and time restrictions of content, such as temporarily available stories;
Amendment 48 #
2023/2043(INI)
Motion for a resolution
Recital J
Recital J
Amendment 55 #
2023/2043(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the addictive design features outlined above cannot be solved simply by imposing time-limits on online services, as this approach shifts the burden onto the individual instead of addressing the core issue of the intentionally addictive design of online services for profit; whereas none of the ‘solutions’ platforms have implemented have led to a serious change or decrease in usageaddictive design of online services; whereas teenagers do not readily accept parental regulation of their social media use and often find it easy to bypass any technical constraints imposed;
Amendment 58 #
2023/2043(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the Digital Services Act (DSA) introduces provisions against the use of ‘dark patterns’ but these are limited to choice architecture and influences choices and do not address behavioural design that is addictive per se, moreover they are limited in scope as they only apply to online platforms, not to all online services; whereas the AI Act4 seeks to ban AI systems that deploy subliminal features but is limited to systems that ‘are purposefully manipulative or deploy deceptive techniques’; _________________ 4 Proposal for a regulation laying down harmonised rules on artificial intelligence (artificial intelligence act) (COM(2021)0206).which applies to online platforms, not to all online services;
Amendment 73 #
2023/2043(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is alarmed that platforms and other tech companies exploit psychological vulnerabilities to design digital interfaces for commercial interests that maximise the frequency and duration of user visits, so as to prolong the use of online services and to create engagement with the platform; stresses that addictive design can cause psychological and material harm to consumers; calls on the Commission to urgently close existing regulatory gaps with regard to consumer vulnerabilities, dark patterns and addictive features of digital services;
Amendment 75 #
2023/2043(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that despite its legislative efforts in the digital field, such as the DSA or the AI Act, the issue of addictive design is not sufficiently covered in existing EU legislation, and if unaddressed could lead to fure strong EU legal framework in this area, such as the Digital Services Act (DSA) or the AI Act; recalls, that article 25 of the Digital Services Act (DSA) prohibits the providers of online platforms to design, organise or operate their deterioration inonline interfaces in a way that deceives or manipulates the area of public health, especially affecting minors; considers that if the topic gets furcipients of their service or in a way that otherwise materially distorts or impairs the ability of the recipients of their delayed, Parliament should use its right of legislative initiative; service to make free and informed decisions; calls on the Commission to adopt the respective guidelines;
Amendment 78 #
2023/2043(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that Article 27 of the Digital Services Act (DSA) already obliges providers of online platforms that use recommender systems to set out in their terms and conditions, in plain and intelligible language, the main parameters used in their recommender systems, as well as any options for the recipients of the service to modify or influence those main parameters; Further recalls that article 38 of Digital Services Act (DSA) imposes on providers of very large online platforms and of very large online search engines that use recommender systems shall provide at least one option for each of their recommender systems which is not based on profiling;
Amendment 79 #
2023/2043(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
Amendment 83 #
2023/2043(INI)
3. Calls onWelcomes the Commission to present legislation against addictive design; urges the Commission in its review ofinitiative to assess whether action is needed to ensure an equal level of fairness online and offline; stresses that the Commission shall determine whether the Unfair Commercial Practices Directive5 (UCPD), Consumer Rights Directive6 and Unfair Contract Terms Directive7 (Fitness check) to pay particular attention to andensure a high level of protection in the digital environment, in particular whether they tackle the growing issues around the addictive and manipulative design of online services; _________________ 5 Directive 2005/29/EC of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (OJ L 149, 11.6.2005, p. 22). 6 Directive 2011/83/EU of 25 October 2011 on consumer rights (OJ L 304, 22.11.2011, p. 64). 7 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
Amendment 87 #
2023/2043(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that the Commission behavioural study on unfair commercial practices in the digital environment has found that transparency provisions against dark patterns and manipulative personalisation practices both for average and vulnerable consumers are insufficient to counter the negative consequences; calls on the Commission to prohibit the most harmful practices, which are not yet blacklisted in Annex I of the UCPD or other EU legislation, and to impose a fair/neutral design obligation on traders;
Amendment 92 #
2023/2043(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recalls that several dark patterns and manipulative practices are already prohibited in all Member States through the blacklist Annex I of the Unfair Commercial Practices Directive (UCPD); in addition, the principle-based Articles 5 to 9 of the UCPD concerning professional diligence, misleading omissions and actions, and aggressive practices provide a basis for assessing the fairness of most business-to-consumer practices; considers that any further remedies should de developed in close cooperation with businesses, including SMEs, users, academia, civil society, regulators, policymakers, and healthcare professionals;
Amendment 94 #
2023/2043(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that the Commission assessment on taxonomies of dark patterns clarifies that certain addictive design features are not taken into account in the current legislation, including the infinite scroll and the default auto play function present in services such as YouTube, Netflix, and Spotify; stresses that other addictive design features such as interaction-based recommender systems, constant push notifications or read receipt notifications are not covered by existing legislation either; recalls that the Commission in its Guidance on the interpretation of the Unfair Commercial Practices Directive expressed concern over uncertainty regarding the rules applicable to addictive interface design; underlines the Unfair Commercial Practices Directive (UCDP) guidance in this regard and stresses the importance to keep it updated in view of technological developments;
Amendment 99 #
2023/2043(INI)
6. DemandConsiders that any revision of the Unfair Commercial Practices Directive should take into account consumers’ susceptibility to the exploitation of the unequal power in the trader-consumer relationship resulting from internal and external factors beyond the consumer’s control; stresses that the autonomy of consumers should not be undermined by traders’ commercial practices, in particulargoes hand in hand with the autonomy of the trader, but that the design and operation of the interface should not undermine this autonomy;
Amendment 100 #
2023/2043(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 107 #
2023/2043(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 112 #
2023/2043(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges the Commission to promote and ensure ethical design of online services; calls on the Commission to create a list of good practices of design features that are not addictive or manipulative and ensure users are fully in control and can take conscious and informed actions online without facing an information overload; stresses that policy actions in this area should not place a burden on consumers but address the harm caused by the businesses; notes the best practices of ‘think before you share’, turning all notifications off by default, more neutral online recommendations, such as those based on chronological order or increased user-control, up-front choice between colour and greyscale apps, or warnings when users have spent more than 15 minutes or 30 minutes on a specific service; stresses that policy actions in this area should not place a burden on consumers, especially vulnerable users or their legal guardians, but address the harm caused by the addictive design;
Amendment 118 #
2023/2043(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the significant impact of addictive design on children and youngsters and calls on the Commission to make additional international efforts to promote regulateion of addictive design online in this regardat international level;
Amendment 1 #
2023/0290(COD)
Proposal for a regulation
Annex II – part A – point 2
Annex II – part A – point 2
2. N-nitrosamines and N-nitrosatable substances are prohibited in toys intended for use by children under 36 months or in other toys intendedwhere the migration of those substances is equal to or higher than: PRODUCT TYPE N-nitrosamines mg/kg N-nitrosatable substances mg/kg a) toys intended for use by 0,01 0,1 children under 36 months and intended or likely to be placed into the mouth where the migration of those substances is equal to or higher than 0,01 mg/kg for nitrosamines and 0,1 mg/kg for nitrosable substances. b) toys intended for use by 0,05 1 children under 36 months not covered by a) c) toys intended for use by 0,05 1 children of 36 months and over and intended to be placed into the mouth d) balloons 0,05 1 e) finger paints 0,02 1
Amendment 154 #
2023/0290(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The Commission shall be empowered tofore the application of this Regulation pursuant to Article 56 adopt implementing acts determining whether or not specific products or categories of products fulfil the criteria set out in paragraph 1 of this Article and therefore can or cannot be considered toys within the meaning of this Regulation. Those implementing acts shall be adopted in accordance with the procedure set out in Article 50(2).
Amendment 168 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
(14) ‘data carrier’ means a linear bar code symbol, a two-dimensional symbol or other automatic identification data capture medium that can be read by a device;data carrier as defined in Article 2 paragraph 1, point 30 of Regulation (EU) .../...) [PO insert serial number for Ecodesign Requirements for Sustainable Poducts]
Amendment 169 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
(15) ‘unique product identifier’ means unique string of characters for the identification of toys that also enables a web link to the product passport;product identifier as defined in Article 2 paragraph 1, point 31 of Regulation (EU) .../...) [PO insert serial number for Ecodesign Requirements for Sustainable Poducts]
Amendment 170 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘unique operator identifier’ means a unique string of characters for the identification of actors involved in the value chain of toys;operator identifier as defined in Article 2 paragraph 1, point 32 of Regulation (EU) .../...) [PO insert serial number for Ecodesign Requirements for Sustainable Poducts]
Amendment 188 #
2023/0290(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Toys shall not present a risk to the safety or health of users or third parties, including the psychological and mental health, well- being and cognitive development of children, when they are used as intended or in a foreseeable way, bearing in mind the behaviour of children.
Amendment 211 #
2023/0290(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Manufacturers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the toy or, where that is not possible, on its packaging or in a document accompanying the toy. Manufacturers shall indicate a single point at which they can be contacted.
Amendment 287 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point d
Article 17 – paragraph 2 – point d
(d) be up to date;, while not presenting outdated information older than three months.
Amendment 302 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 10 – subparagraph 1 – introductory part
Article 17 – paragraph 10 – subparagraph 1 – introductory part
The Commission shall prior to the application of this regulation pursuant Article 56 adopt implementing acts determining the specific and technical requirements related to the product passport for toys. Those requirements shall cover in particular the following:
Amendment 385 #
2023/0290(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Toys placed on the market in conformity with Directive 2009/48/EC before … [OP please insert the date = the first day of the month following 30 months after the date of entry into force of this Regulation] may continue to be made available on the market until … [OP please insert the date = the first day of the month following 542 months after the date of entry into force of this Regulation].
Amendment 392 #
2023/0290(COD)
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. EC type-examination certificates issued in accordance with Article 20 of Directive 2009/48/EC shall remain valid until … [PO insert date: the first day of the month following 542 months after the date of entry into force of this Regulation], unless they expire before that date.
Amendment 402 #
2023/0290(COD)
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
However, Articles 2(3), 17(10), 24 to 40, and 46 to 52, shall apply from … [OP: please insert the date of entry into force of this Regulation].
Amendment 412 #
2023/0290(COD)
Proposal for a regulation
Annex I – Part II a (new)
Annex I – Part II a (new)
II a Books for children older than 36 months, that are made entirely of paper and/or cardboard, without additional materials or components.
Amendment 418 #
2023/0290(COD)
Proposal for a regulation
Annex II – Part I – point 9
Annex II – Part I – point 9
9. Toys shallintended to generate sound must be designed and manufactured in such a way, in terms ofwith regard to the maximum values for impulse noise and continuous noise, in such a way that the sound from them is not able tothey emit cannot impair children’'s hearing.
Amendment 453 #
2023/0290(COD)
Proposal for a regulation
Annex VI – Part I – point d
Annex VI – Part I – point d
(d) object of the passport (identification of toy allowing traceability, including a colour image of sufficient clarity to enable the identification of the toy);
Amendment 454 #
2023/0290(COD)
Proposal for a regulation
Annex VI – Part I – point k
Annex VI – Part I – point k
Amendment 456 #
2023/0290(COD)
Proposal for a regulation
Annex VI – Part II a (new)
Annex VI – Part II a (new)
II a image or drawing of the toy.
Amendment 140 #
2023/0156(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Certain definitions set out in Regulation (EU) No 952/2013 should be adapted to take account of the broader scope of this Regulation, to align them with those set out in other Union acts, and to clarify terminology having different meanings in different sectors. New definitions should be included in customs legislation to clarify the roles and responsibilities of certain actors in the customs processes. In the case of the importer and the exporter, new definitions should make those persons liable for compliance of the goods, including for financial and non-financial risks, in order to strengthen customs supervision. In the case of the new concept of deemed importer, new definitions should ensure that in some cases, in the context of an online sale from outside the Union, an economic operator, as opposed to the consumer, is considered the importer and assumes the corresponding financial responsibilities and specific obligations under product compliance laws. New definitions should also be introduced in relation to the broader scope of the provisions of customs supervision, risk management and customs controls.
Amendment 144 #
2023/0156(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Beyond their traditional role of collecting customs duties, VAT and excise and applying customs legislation, customs authorities also play a critical role in enforcing other Union and, where applicable, other national legislation on customs matters. A definition of this ‘other legislation applied by the customs authorities’ should be introduced in order to build an effective framework for regulating the application and supervision of these particular requirements on goods in accordance with Regulation 2019/1020 on market surveillance and compliance of products, and within the specific customs controls and procedures established under this Regulation (establishing the Union Customs Code). Such prohibitions and restrictions can be justified on grounds of, inter alia, public morality, public policy or public security, the protection of the health and life of humans, animals or plants, the protection of the environment, the protection of national treasures possessing artistic, historic or archaeological value and the protection of industrial or commercial property and other public interests, including controls on drug precursors, goods infringing certain intellectual property rights and cash. The notion of other legislation applied by the customs authorities should also include commercial policy measures and fishery conservation and management measures, as well as restrictive measures adopted on the basis of Article 215 TFEU.
Amendment 222 #
2023/0156(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) ensuring that the goods enrelevant economic operator as determing or exiting the customs territory of the Unioned under Regulation 2023/988 on general product safety and Regulation 2019/1020 has complyied with the relevant other legislation applied by the customs authorities when [the goods enter or exit the customs territory of the Union] and providing, keeping and making available appropriate records of such compliance;.
Amendment 226 #
2023/0156(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. By way of derogation from Article 20(1), points (a) and (c), deemed importers shall provide or make available the information on distance sales of goods to be imported in the customs territory of the Union at the latest on the day following the date when the payment was accepted and in any event prior to the release of the goods.
Amendment 82 #
2023/0133(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) There are well established commercial relationships and licensing practices for certain use cases of standards, such as the standards for wireless communications, with iterations over multiple generations leading to considerable mutual dependency and significant value visibly accruing to both SEP holders and implementers. There are other, typically more novel use cases – sometimes of the same standards or subsets thereof - with less mature markets, more diffuse and less consolidated implementer communities, for which unpredictability of royalty and other licensing conditions and the prospect of complex patent assessments and valuations and related litigation weigh more heavily on the incentives to deploy standardised technologies in innovative products. Therefore, in order to ensure a proportionate and well targeted response, certainthe procedures under this Regulation, namely the aggregate royalty determination and the compulsory FRAND determination prior to litigation, should not be applied to identified use cases of certain standards or parts thereof for which there is sufficient evidence that SEP licensing negotiations on FRAND terms do not give rise to significant difficulties or inefficiencies within the single market.
Amendment 86 #
2023/0133(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Whereas transparency in SEP licensing should stimulate a balanced investment environment, along entire Single Market value chains, in particular for emerging technology use cases underpinning Union objectives of green, digital and resilient growth, the Regulation should also apply to standards or parts thereof, published before its entry into force where inefficiencies in the licensing of the relevant SEPs severely distort the functioning of the internal market. This is particularly relevant for market failures hindering investment in the Single Market, the roll-out of innovative technologies or the development of nascent technologies and emerging use cases. Therefore, taking into account those criteria, the Commission should determine by a delegated act the standards or parts thereof that have been published before the entry into force of this Regulation and the relevant use cases, for which SEPs can be registered. and the relevant use cases, for which SEPs can be registered. However, the inclusion within the scope of this Regulation of standards that have been published before its entry into force should not impact licences that are already in force.
Amendment 91 #
2023/0133(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In view of the global character of SEP licensing, references to aggregate royalty and FRAND determination may refer to global aggregate royalties and global FRAND determinations, or as otherwise agreed by the notifying stakeholders or the parties to the proceedingparties, between a SEP holder and an implementer. When referring to aggregate royalty and FRAND determination it is necessary to attend the trade circumstances.
Amendment 95 #
2023/0133(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The competence centre should set up and administer an electronic register and an electronic database containing detailed information on SEPs in force in one or more Member States, including essentiality check results, opinions, reports, available case-law from jurisdictions across the globe, rules relating to SEPs in third countries, and results of studies specific to SEPs. In order to raise awareness and facilitate SEP licensing for SMEs and start-ups, the competence centre should offer assistance to SMEsthem. The setting up and administering a system for essentiality checks and processes for aggregate royalty determination and FRAND determination by the competence centre should include actions improving the system and the processes on a continuous basis, including through the use of new technologies. In line with this objective, the competence centre should establish training procedures for evaluators of essentiality and conciliators for providing opinions on aggregate royalty as well as on FRAND determination and should encourage consistency in their practices.
Amendment 105 #
2023/0133(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Once a standard has been notified or an aggregate royalty is specified, whichever is made first, the competence centre will open the registration of SEPs by holders of SEPs in force in one or more Member States.
Amendment 109 #
2023/0133(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) SEP holders may register after the indicated time limit. However, in that case, SEP holders should not be able to collect royalties and claim damages for the period of delay.
Amendment 114 #
2023/0133(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) To further ensure the quality of the register and avoid over-registration, essentiality checks should also be conducted randomly and anonymously by independent evaluators selected according to objective criteria to be determined by the Commission. Only one SEP from the same patent family should be checked for essentiality.
Amendment 119 #
2023/0133(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Any assessment of essentiality of SEPs conducted by an independent entity prior to the entry into force of the Regulation, for example through patent pools, as well as essentiality determinations by judicial authorities should voluntarily be indicated in the register. Those SEPs should not be re- checked for essentiality after the relevant evidence supporting the information in the register is provided to the competence centre.
Amendment 129 #
2023/0133(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Each party may choose whether it wishes to engage in the procedure and commit to comply with its outcome. Where a party does not reply to the FRAND determination request or does not commit to comply with the outcome of the FRAND determination, the other party should be able to request either the termination or the unilateral continuation of the FRAND determination. Such a party should not be exposed to litigation during the time of the FRAND determination. At the same time, tThe FRAND determination should be an effective procedure for the parties to reach agreement beforeand settle any ongoing litigation or to obtain a determination to be used in further proceedings. Therefore, the party or parties that commit to complying with the outcome of the FRAND determination and duly engage in the procedure should be able to benefit from its completion.
Amendment 135 #
2023/0133(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The obligation to initiate FRAND determination should not be detrimental to the effective protection of the parties’ rights. In that respect, the party that commits to comply with the outcome of the FRAND determination while the other party fails to do so should be entitled to initiate proceedings before the competent national court pending the FRAND determination. In addition, either party should be able to request a provisional injunctionof a financial nature before the competent court. In a situation where a FRAND commitment has been given by the relevant SEP holder, provisional injunctions of an adequate and proportionate financial nature should provide the necessary judicial protection to the SEP holder who has agreed to license its SEP on FRAND terms, while the implementer should be able to contest the level of FRAND royalties or raise a defence of lack of essentiality or of invalidity of the SEP. In those national systems that require the initiation of the proceedings on the merits of the case as a condition to request the interim measures of a financial nature, it should be possible to initiate such proceedings, but the parties should request that the case be suspended during the FRAND determination. When determining what level of the provisional injunction of financial nature is to be deemed adequate in a given case, account should be taken, inter alia, of the economic capacity of the applicant and the potential effects for the effectiveness of the measures applied for, in particular for SMEs and start-ups, also in order to prevent the abusive use of such measures. It should also be clarified that once the FRAND determination is terminated, the whole range of measures, including provisional, precautionary and corrective measures, should be available to parties.
Amendment 140 #
2023/0133(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Upon appointment, the conciliation centre should refer the FRAND determination to the conciliator, who should examine whether the request contains the necessary information, and communicate the schedule of procedure to the parties or the party requesting the continuations of the FRAND determination.
Amendment 149 #
2023/0133(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) SMEs may be involved in SEP licensing both as SEP holders and implementers. While there are currently a few SME SEP holders, the efficiencies produced with this Regulation are likely to facilitate the licensing of their SEP. Additional conditions are necessary to relieve the cost burden on such SMEs such as reduced administration fees and potentially reduced fees for essentiality checks and conciliation in addition to free support and trainings. The SEPs of start-ups and micro and small enterprises should not be the subject of sampling for essentiality check, but they should be able to propose SEPs for essentiality checks if they wish to. SME and start-up implementers should likewise benefit from reduced access fees and free support and trainings. Finally, SEP holders should be encouraged to incentivise licensing by SMEs through low volume discounts or exemptions from FRAND royalties.
Amendment 152 #
2023/0133(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In order to supplement certain non- essential elements of this Regulation, the power to adopt acts, in accordance with Article 290 of the Treaty on the Functioning of the European Union, should be delegated to the Commission in respect of the items to be entered in the register or in respect of determining the relevant existing standards or to identify use cases of standards or parts thereof for which the Commission establishes that there are no significant difficulties or inefficiencies in licensing on FRAND terms. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making44 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 44 OJ L 123, 12.5.2016, p. 1.
Amendment 153 #
2023/0133(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure uniform conditions for the implementation of the relevant provisions of this Regulation, implementing powers should be conferred on the Commission to adopt the detailed requirements for the selection of evaluators and conciliators, as well as adopt the rules of procedure and Code of Conduct for evaluators and conciliators. Evaluators and conciliators should be, at all times, of good repute and possess sufficient knowledge, skills and experience to performer their duties. The Commission should also adopt the technical rules for the selection of a sample of SEPs for essentiality checks and the methodology for the conduct of such essentiality checks by evaluators and peer evaluators. The Commission should also determine any administrative fees for its services in relation to the tasks under this Regulation and fees for the services evaluators, experts and conciliators, derogations thereof and payment methods and adapt them as necessary. The Commission should also determine the standards or parts thereof that have been published before the entry into force of this Regulation, for which SEPs can be registered. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.45 __________________ 45 Regulation (EU) No 182/2011 of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13.)
Amendment 162 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. TIn accordance with article 66, this Regulation shall apply to patents that are in force in one or more Member States and are essential to a standard that has been published by a standard development organisation, to which the SEP holder has made a commitment to license its SEPs on fair, reasonable and non-discriminatory (FRAND) terms and conditions and that is not subject to a royalty-free intellectual property policy,
Amendment 169 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) aftwhere the entry into force of this Regre is sufficient evidence that, as regards identified use cases of certain standards or parts thereof, SEP licensing negotiations on FRAND terms do give rise to significant difficulation, with the exceptions provided in paragraph 3;es or inefficiencies affecting the functioning of the internal market, and
Amendment 176 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) before the entry into force of this Regthe Commission has, after an appropriate consultation, in accordance with Article 66 process, by means of a delegated act pursuant to Article 67, established a list of such use cases, standards or parts thereof.
Amendment 177 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 179 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 183 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 7
Article 1 – paragraph 7
Amendment 184 #
2023/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘standard essential patent’ or ‘SEP’ means any patent that isprotects technology essential to a standard;
Amendment 187 #
2023/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘standard development organisation’ or ‘SDO’ means any standardising body that is not a private industrial association developing proprietary technical specifications, that develops technical or quality requirements or recommendations for products, production processes, services or methods;
Amendment 193 #
2023/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘patent pool’ means an entity created by an agreement between two or more SEP holders to license one or more of their patents to one another or to third parties, through a single transaction and on an ongoing basis;
Amendment 195 #
2023/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
(11 a) ‘patent assertion entities or ‘PEA’ or ‘patent troll’ means an entity characterised by an “obtain and assert” business model, with the purpose of generating revenues through licensing fees, royalties and damage compensations;
Amendment 196 #
2023/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11 b (new)
Article 2 – paragraph 1 – point 11 b (new)
(11 b) ‘non-practicing entities’ or ‘NPEs’ means any entity that owns patents (either through acquisition, in-house development, or both) but does not practice them;
Amendment 198 #
2023/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
(18 a) ‘significant difficulties or inefficiencies’ means material impediments to the normal operation of the internal market.
Amendment 207 #
2023/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point h
Article 3 – paragraph 2 – point h
(h) provide training, support and general advice on SEPs to SMEs and start- ups;
Amendment 210 #
2023/0133(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point i
Article 4 – paragraph 3 – point i
(i) the existence of any public standard terms and conditions for SEP licensing to SMEs and start-ups;
Amendment 216 #
2023/0133(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) public standard terms and conditions for SEP licensing to SMEs and start-ups pursuant to Article 62(1), if available;
Amendment 227 #
2023/0133(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) any essentiality check prior to [OJ: please insert the date = 24 months from entry into force of this regulation] by an independent evaluator in the context of a pool, identifying the SEP registration number, the identity of the patent pool and its administrator, and the evaluator.
Amendment 232 #
2023/0133(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
By way of derogation from paragraph 1, patent polls, in case of confidentiality agreements and confidential procedures, shall provide the protected information directly to the competence centre.
Amendment 246 #
2023/0133(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The competence centre shall also notify the relevant standard development organisation of the publication. In case of notification pursuant to paragraphs (3) and (4), it shall also notify, where possible, known SEP holders individually or request confirmation from the standard development organisation that it has duly notified the SEP holders.
Amendment 265 #
2023/0133(COD)
Proposal for a regulation
Article 18 – paragraph 3 – point d a (new)
Article 18 – paragraph 3 – point d a (new)
(d a) description of the final product in which it should be implemented.
Amendment 267 #
2023/0133(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. If the requests for participation include SEP holders representing collectively at least an estimated 20% of all SEPs for the standard, and implementers holding collectively at least 10% relevant market share in the Union or at least 10 SMEs and start-ups, the competence centre shall appoint a panel of three conciliators selected from the roster of conciliators with the appropriate background from the relevant field of technology.
Amendment 273 #
2023/0133(COD)
Proposal for a regulation
Article 18 – paragraph 13 a (new)
Article 18 – paragraph 13 a (new)
13 a. The courts of the Member States may request the competence centre for an expert opinion/evidence on an aggregate royalty.
Amendment 287 #
2023/0133(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A SEP that is not registered within the time-limit set out in Article 20(3) may not be enforced in relation to the implementation of the standard for which a registration is required in a competent court of a Member State,licensed or implemented from the time- limit set out in Article 20(3) until its registration in the register, .without prejudice to SEPs licensed before the entry into force of this Regulation.
Amendment 288 #
2023/0133(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
Amendment 290 #
2023/0133(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
Amendment 291 #
2023/0133(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
Amendment 304 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The competence centre shall appoint [10] evaluators from the roster of evaluators as peer evaluators for a period of [three] years, that shall act in anonymity.
Amendment 306 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4 a. The competence centre shall require that evaluators shall at all times be of sufficiently good repute, independent, impartial and possess sufficient knowledge, skills and experience to perform their duties.
Amendment 307 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 4 b (new)
Article 26 – paragraph 4 b (new)
4 b. The competence centre shall perform a case-by-case assessment to confirm that the any situation of direct or indirect conflict of interest negatively affect the performance of the evaluator or conciliator.
Amendment 308 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 4 c (new)
Article 26 – paragraph 4 c (new)
4 c. The Competence centre shall create a repository of conciliations reports, and ensure that the confidential version would be accessible only to conciliators.
Amendment 323 #
2023/0133(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. If a SEP selected for essentiality check was already the subject of a previous or ongoing essentiality check pursuant to This title or of an essentiality decision or check referred performed, in good-faith, by an independent evaluator in Article 8the context of a patent pool, no additional essentiality check shall be done, if verified the criteria foreseen in Article 29 (4a). The result from the previous essentiality check or decision shall be used for the determination of the percentage of sampled per SEP holder and per specific registered standard that has passed successfully the essentiality check.
Amendment 324 #
2023/0133(COD)
Proposal for a regulation
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
4 a. Patent pools shall transmit to the competence centre all the information about the methodology of the essentiality check and the criteria used for the selection of the evaluators.
Amendment 337 #
2023/0133(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. The obligation to initiate FRAND determination pursuant to paragraph 1 prior to the court proceedings is without prejudice to the possibility for either party to request, pending the FRAND determination, the competent court of a Member State to issue a provisional injunction of a financial nature against the alleged infringer. The provisional injunction shall exclude the seizure of property of the alleged infringer and the seizure or delivery up of the products suspected of infringing a SEP. Where national law provides that the provisional injunction of a financial nature can only be requested where a case is pending on the merits, either party may bring a case on the merits before the competent court of a Member State for that purpose. However, the parties shall request the competent court of a Member State to suspend the proceedings on the merits for the duration of the FRAND determination. In deciding whether to grant the provisional injunction, the competent court of a Member States shall consider that a procedure for FRAND determination is ongoing.
Amendment 340 #
2023/0133(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point f a (new)
Article 36 – paragraph 1 – point f a (new)
(f a) commitment to comply with the outcome of the FRAND determination.
Amendment 346 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 – introductory part
Article 38 – paragraph 3 – introductory part
3. Where the responding party does not reply within the time limit laid down in paragraph (2) or informs the competence centre of its decision not to participate in the FRAND determination, or not to commit to comply with the outcome, the following shall apply:
Amendment 357 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 a (new)
Article 38 – paragraph 3 a (new)
3 a. Where the responding party informs the competence centre of its decision not to participate in the FRAND determination, or not to commit to comply with the outcome the competence centre shall terminate the FRAND determination.
Amendment 358 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4
Article 38 – paragraph 4
Amendment 376 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 5
Article 38 – paragraph 5
Amendment 382 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 6
Article 38 – paragraph 6
6. The FRAND determination shall concern a global SEP licence, unless otherwise specified by the parties in case both parties agree to the FRAND determination or by the party that requested the continuation of the FRAND determination. SME, as set out in paragraph (3). SMEs and start-ups that are parties to the FRAND determination may request to limit the territorial scope of the FRAND determination.
Amendment 387 #
2023/0133(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Following the reply to the FRAND determination by the responding party in accordance with Article 38(2), or the request to continue in accordance with Article 38(5), the competence centre shall propose at least 3 candidates for the FRAND determination from the roster of conciliators referred to Article 27(2). The parties or party shall select one of the proposed candidates as a conciliator for the FRAND determination.
Amendment 394 #
2023/0133(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. A party may submit an objection stating that the conciliator is unable to make a FRAND determination on legal grounds, such as a previous binding FRAND determination or agreement between the parties, no later than in the first written submission at any time. The other party shall be given opportunity to submit its observations.
Amendment 399 #
2023/0133(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. The conciliator may invite the parties or the party requesting the continuation of the FRAND determination, as set out in Article 38 (3), to meet with him/her or may communicate with him/her orally or in writing.
Amendment 403 #
2023/0133(COD)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. The parties or the party requesting the continuation of the FRAND determination, as set out in Article 38 (3), shall cooperate in good faith with the conciliator and, in particular, shall attend the meetings, comply with his/her requests to submit all relevant documents, information and explanations as well as use the means at their disposal to enable the conciliator to hear witnesses and experts whom the conciliator might call.
Amendment 406 #
2023/0133(COD)
Proposal for a regulation
Article 45 – paragraph 4
Article 45 – paragraph 4
4. The responding party, that failed to respond within the time limit laid down in Article 38 (2), may join the FRAND determination at any moment before its termination.
Amendment 409 #
2023/0133(COD)
Proposal for a regulation
Article 45 – paragraph 5
Article 45 – paragraph 5
5. At any stage of the procedure upon request by both parties, or the party requesting the continuation of the FRAND determination, as set out in Article 38 (3), as applicable, the conciliator shall terminate the FRAND determination.
Amendment 413 #
2023/0133(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point b
Article 46 – paragraph 1 – point b
Amendment 416 #
2023/0133(COD)
Proposal for a regulation
Article 46 – paragraph 2 a (new)
Article 46 – paragraph 2 a (new)
2 a. If a party withdraws its commitment to comply with the outcome of the FRAND determination, the conciliator shall terminate the procedure.
Amendment 420 #
2023/0133(COD)
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
3. If the party requesting the continuation of the FRAND determination, as set out in Article 38 (3), fails to comply with any request of the conciliator or in any other way fails to comply with a requirement relating to the FRAND determination, the conciliator shall terminate the procedure.
Amendment 433 #
2023/0133(COD)
Proposal for a regulation
Article 56 – paragraph 1 – introductory part
Article 56 – paragraph 1 – introductory part
1. In addition to the termination of the FRAND determination for reasons provided for Article 38(43), Article 38 (3a), Article 44(3), Article 45(5), Article 46(2), point (b), Article 46(3) and Article 47(2), the FRAND determination shall be terminated in any of the following ways:
Amendment 438 #
2023/0133(COD)
Proposal for a regulation
Article 56 – paragraph 4
Article 56 – paragraph 4
Amendment 443 #
2023/0133(COD)
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
Amendment 469 #
2023/0133(COD)
Proposal for a regulation
Article 63 – paragraph 3 – point b
Article 63 – paragraph 3 – point b
(b) the fees referred to in paragraph (2), point (b) equally by the partiesy that participated inrequested the procedure of the expert opinion on aggregate royalty, unless they agree otherwise, or the panel suggests a different apportionment based on the size of the parties determined on the basis of their turnover;
Amendment 472 #
2023/0133(COD)
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. If the amounts requested are not paid in full within 10 days after the date of the request, the competence centre may notify the defaulting party and give it the opportunity to make the required payment within [5] days. It shall submit a copy of the request to the other party, in case of an aggregate royalty or FRAND determination.
Amendment 480 #
2023/0133(COD)
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
1. Until [OJ: please insert the date = 28 months from the entry into force of this regulation] holders of SEPs essential to a standard published before the entry into force of this Regulation (‘existing standards’), for which FRAND commitments have been made, may notify the competence centre pursuant to Articles 14, 15 and 17 of any of the existing standards or parts thereof that will be determined in the delegated act in accordance with paragraph (4). The procedures, notification and publication requirements set out in this Regulation apply mutatis mutandis.
Amendment 482 #
2023/0133(COD)
Proposal for a regulation
Article 66 – paragraph 2
Article 66 – paragraph 2
2. Until [OJ: please insert the date = 28 months from entry into force of this regulation] implementers of a standard, standard published before the entry into force of this Regulation, for which FRAND commitments have been made may notify pursuant to Article 14(4) the competence centre of any of the existing standards or parts thereof, that will be determined in the delegated act in accordance with paragraph (4). The procedures, notification and publication requirements set out in this Regulation apply mutatis mutandis.
Amendment 484 #
2023/0133(COD)
Proposal for a regulation
Article 66 – paragraph 3
Article 66 – paragraph 3
3. Until [OJ: please insert the date = 30 months from entry into force of this regulation] a SEP holder or an implementer may request an expert opinion pursuant to Article 18 regarding SEPs essential to an existing standard or parts thereof, that will be determined in the delegated act in accordance with paragraph (4). The requirements and procedures set out in Article 18 apply mutatis mutandis.
Amendment 486 #
2023/0133(COD)
Proposal for a regulation
Article 66 – paragraph 4
Article 66 – paragraph 4
4. Where the functioning of the internal market is severely distorted due to inefficiencies in the licensing of SEPs, the Commission shall, after an appropriate consultation process, by means of a delegated act pursuant to Article 67, determine which of the existing standards, parts thereof or relevant use cases can be notified in accordance with paragraph (1) or paragraph (2), or for which an expert opinion can be requested in accordance with paragraph (3). The delegated act shall also determine which procedures, notification and publication requirements set out in this Regulation apply to those existing standards. The delegated act shall be adopted within [OJ: please insert the date = 18 months from entry into force of this regulation].
Amendment 491 #
2023/0133(COD)
Proposal for a regulation
Article 70 – paragraph 1 a (new)
Article 70 – paragraph 1 a (new)
1 a. By [OJ: please insert the date = 3 years from entry into force of this regulation] the Commission shall evaluate the impact that the essentiality check system and the FRAND determination system on the competitiveness of the Union SEP holders on a global level and on innovation in the Union.
Amendment 18 #
2023/0108(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Managed security services, which are services consisting of carrying out, or providing assistance for, activities relating to their customers’ cybersecurity risk management, including incident prevention, detection, responce or recovery, have gained increasing importance in the prevention and mitigation of cybersecurity incidents. Accordingly, the providers of those services are considered as essential or important entities belonging to a sector of high criticality pursuant to Directive (EU) 2022/2555 of the European Parliament and of the Council8 . Pursuant to Recital 86 of that Directive, managed security service providers in areas such as incident response, penetration testing, security audits and consultancy, play a particularly important role in assisting entities in their efforts to prevent, detect, respond to or recover from incidents. Managed security service providers have however also themselves been the target of cyberattacks and pose a particular risk because of their close integration in the operations of their customers. Essential and important entities within the meaning of Directive (EU) 2022/2555 should therefore exercise increased diligence in selecting a managed security service provider. __________________ 8 Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 on measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 (NIS 2 Directive) (OJ L 333, 27.12.2022, p. 80).
Amendment 23 #
2023/0108(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) European certification schemes for managed security services should facilitate the use of these services, particularly for smaller entities, including local and regional authorities or SMEs, which often do not have the financial and human capacity to conduct these services by themselves, but are vulnerable to cyber attacks with potentially significant consequences.
Amendment 25 #
2023/0108(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In addition to the deployment of ICT products, ICT services or ICT processes, managed security services often provide additional service features that rely on the competences, expertise and experience of their personnel. A very high level of these competences, expertise and experience as well as appropriate internal procedures should be part of the security objectives in order to ensure a very high quality and reliability of the managed security services provided. In order to ensure that all aspects of a managed security service can be covered by a certification scheme, it is therefore necessary to amend Regulation (EU) 2019/881. The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered an opinion on [DD/MM/YYYY
Amendment 27 #
2023/0108(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) Given that the European cybersecurity schemes should certifiy that managed security services are provided by highly-skilled personnel that is able to reliably deliver these services and ensure the highest standards of cybersecurity, it is imperative that there is sufficient availability of highly-qualified personnel in the Union. Yet, the Union is faced with a talent gap, characterized by a shortage of skilled professionals, and a rapidly evolving threat landscape as acknowledged in the Commission communication of 18 April 2023 on the Cybersecurity Skills Academy. It is important to bridge this talent gap by strengthening cooperation and coordination among the different stakeholders, including the private sector, academia, Member States, the Commission and ENISA to scale up and create synergies for the investment in education and training, the development of public-private partnerships, support of research and innovation initiatives, the development and mutual recognition of common standards and certification of cybersecurity skills, including through the European Cyber Security Skills Framework. This should also facilitate the mobility of cybersecurity professionals within the Union.
Amendment 35 #
2023/0108(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
(14a) ‘managed security service’ means a managed service consisting of carrying out, or providing assistance for, activities relating to cybersecurity risk management, including incident presponse, penetration vention, detescting, security audits and consultancon, response, or recovery;
Amendment 39 #
2023/0108(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) 2019/881
Article 49 – paragraph 7
Article 49 – paragraph 7
Amendment 42 #
2023/0108(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EU) 2019/881
Article 49 – paragraph 7a (new)
Article 49 – paragraph 7a (new)
(7 a) the following paragraph is inserted: '7a. The Commission, based on the candidate scheme prepared by ENISA, may adopt delegated acts providing for a European cybersecurity certification scheme for managed security services which meets the requirements set out in Articles 51, 52, and 54. Those delegated acts shall be adopted in accordance with the procedure referred to in Article 66a.'
Amendment 43 #
2023/0108(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/881
Article 51a – paragraph 1 – point b
Article 51a – paragraph 1 – point b
(b) ensure that the provider has appropriate internal procedures in place to ensure that the managed security services are provided at a very high level of quality and reliability at all times ;
Amendment 44 #
2023/0108(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/881
Article 51a – paragraph 1 – point g
Article 51a – paragraph 1 – point g
(g) ensure that the ICT products, ICT services and ICT processes [and the hardware] deployed in the provision of the managed security services are secure by default and by design, are provided with up-to-date software and hardware, do not contain known vulnerabilities and include the latest security updates;;
Amendment 46 #
2023/0108(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point b – point ii – point aa
Article 1 – paragraph 1 – point 13 – point b – point ii – point aa
Regulation (EU) 2019/881
Article 56 – paragraph 3 – third subparagraph – point a
Article 56 – paragraph 3 – third subparagraph – point a
(a) take into account the impact of the measures on the manufacturers or providers of such ICT products, ICT services, ICT processes or managed security services and on the users in terms of the cost of those measures and the societal or economic benefits stemming from the anticipated enhanced level of security for the targeted ICT products, ICT services, ICT processes or managed security services;, , including SMEs. The Commission shall ensure that SMEs have access to appropriate financial support in the implementation of the measures through already existing Union programmes;
Amendment 48 #
2023/0108(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Regulation (EU) 2019/881
Article 66a (new)
Article 66a (new)
Amendment 273 #
2023/0081(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The weighting of criteria on the sustainability and resilience contribution of the tender in relation to public procurement procedures is without prejudice to the possibility for ca minimum threshold. Within this minimum threshold, the contracting authorities and contracting entities may freely differentiate the weighting of the individual criteria, without ignoring one completely. Contracting authorities and contracting entities tomay always set a higher threshold for the criteria relating to environmental sustainability and innovation, in line with Article 41 (3) and Recital 64 of Directive 2014/23/EU of the European Parliament and of the Council50 , Article 67 (5) of Directive 2014/24/EU and Article 82 (5) of Directive 2014/25/EU. _________________ 50 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1)one or several relevant criteria on the sustainability and resilience contribution. Given the importance of increasing the resilience of the Union’s energy system, the contracting authorities and contracting entities should pay significant attention to the resilience contribution.
Amendment 1213 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. The tender’s resilience contribution shall be based on the following cumulative criteria which shall be objective, transparent and non- discriminatory: (a) where applicable, the tender’s contribution to the energy security of the Union; (b) the tender’s contribution to the resilience of the Union, taking into account the diversification of supplies by considering the proportion of the products originating from a single source of supply, as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council1a. The supply shall be deemed insufficiently diversified where a single source supplied outside the European Economic Area, in the last year for which data is available, more than 65% of the total demand within the European Union for a specific net-zero technology or the components primarily used for the production of these technologies. _________________ 1a Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
Amendment 1222 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Contracting authorities and contracting entities shall give the tender’s sustainability and resilience contribution a weight between 15% and 30of at least 15% of the award criteria, without prejudice of the application of Article 41 (3) of Directive 2014/23/EU, Article 67 (5) of Directive 2014/24/EU or Article 82 (5) of Directive 2014/25/EU for giving a higher weighting to the criteria referred to in paragraph 2, points (a) and (b)taking into account cumulatively all relevant sustainability and resilience criteria.
Amendment 1236 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. TBy derogation from paragraph 3, the contracting authority or the contracting entity shall not be obliged to apply the considerations relating to themay decide to lower the weight of the tender’s sustainability and resilience contribution of net-zero technologies where their application would clearly oblige that authority or entity to acquire equipment having disproportionate costs, or technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance. Cost differences above 10%, compared to a tender without the sustainability and resilience contribution, may be presumed by contracting authorities and contracting entities to be disproportionate. This provision shall be without prejudice of the possibility to exclude abnormally low tenders under Article 69 of Directive 2014/24/EU and Article 84 of Directive 2014/25/EU, and without prejudice to other contract award and exclusion criteria according to the EU legislation, including social aspects according to Articles 30 (3) and 36 (1), second intent of Directive 2014/23/EU, Articles 18 (2) and 67 (2) of Directive 2014/24/EU and Articles 36 (2) and 82 (2) of Directive 2014/24/EU.
Amendment 305 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The general objective of this Regulation is to improve the functioning of the internal market by establishing a framework to ensure the Union's access to ainternationally competitive, efficient, secure and sustainable supply of critical raw materials in the Union.
Amendment 343 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) improve the Union's ability to monitor and mitigate the supply risk related to critical raw materials taking international competitiveness fully into account and avoiding any undue costs;
Amendment 348 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) ensure the free movement of critical raw materials and products containing critical raw materials placed on the Union market while ensuring a high level of environmental protection and sustainability, by improving their circularity and sustainabilitycost efficient availability on the EU internal market.
Amendment 571 #
2023/0079(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By [OP please insert: 3 months after the date of entry into force of this Regulation], Member States shall designate one national competent authority which shall be responsible for facilitating and, coordinating and streamlining the permit- granting process for critical raw material projects and provide information on the elements referred to in Article 17.
Amendment 683 #
2023/0079(COD)
Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
Member States shall make the information on their mineral occurrences containing critical raw materials gathered through the measures set out in the national programmes referred to in paragraph 1 publicly available upon a free access websitereasoned request. This information shall, where applicable, include the classification of the identified occurrences using the United Nations Framework Classification for Resources.
Amendment 751 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. Each Member State shall by [OP please insert: every 3 years after the date of entry into force of this Regulation] adopt, notify the Commission and implement national programmesraw material plan containing measures designed to:
Amendment 756 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point -a (new)
Article 25 – paragraph 1 – point -a (new)
(-a) identify and implement the measures and actions to comply with the principles and targets laid down in Article 1;
Amendment 1019 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point k
Annex I – Section 1 – paragraph 1 – point k
(k) Nickel - battery grade
Amendment 1094 #
2023/0079(COD)
Proposal for a regulation
Annex II – Section 1 – paragraph 1 – point w
Annex II – Section 1 – paragraph 1 – point w
(w) Nickel – battery grade
Amendment 1 #
2022/2188(INI)
Draft opinion
Recital A
Recital A
A. whereas at the end of the transition period, the UK and the EU established two separate customs territories and two separate markets for goods and services, each with its own regulatory regime;
Amendment 5 #
2022/2188(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Amendment 13 #
2022/2188(INI)
Draft opinion
Recital I a (new)
Recital I a (new)
I a. whereas two separate customs markets represent more administrative and economic burdens, especially for medium and small enterprises, leading to mutually detrimental effects;
Amendment 16 #
2022/2188(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers it essential and urgent that both parties fully comply with the Withdrawal Agreement, the Protocol thereto and the Windsor Framework to facilitate the unprecedented levels of UK access to the EU internal market under the TCA;
Amendment 20 #
2022/2188(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to ensure that the EU and the UK cooperate closely on the subject of customs, including by ensuring an effective, real time exchange of information and constructive dialogue between customs administrations, in addition to an interoperable and coordinated Single Window Environment, and by implementing common standards and data elements aimed at simplifying clearance processes to reduce administrative and financial costs to all stakeholders;
Amendment 22 #
2022/2188(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recalls that the Good Friday (Belfast) Agreement as well as the whole Trade and Cooperation Agreement should not be jeopardised; underlines the importance of close cooperation between customs authorities from EU and UK to ensure this balance;
Amendment 25 #
2022/2188(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to negotiate and conclude a cooperation agreement to exchange information and best practices related to the effective enforcement of consumer rights and protection with the UK Competition and Markets Authority; recalls such an agreement would be mutually beneficial;
Amendment 22 #
2022/2171(INI)
1 a. Highlights the importance of the textiles ecosystem for jobs, growth and the preservation of cultural heritage in Europe; underlines that the European textile sector as of 2022 had an annual turnover of 147 billion with 58 billion euros in exports and 106 billion euros in imports and employs 1,3 million European citizens 1a; _________________ 1a https://euratex.eu/wp- content/uploads/EURATEX_FactsKey_Fi gures_2022rev-1.pdf
Amendment 37 #
2022/2171(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses the need to support SMEs within the textiles ecosystem in moving away from linear business models and unsustainable practices; therefore calls for the creation of a network of regional and national sustainability & innovation hubs to assist companies, in particular SMEs, in the twin digital and green transition; notes the opportunity the ‘Enterprise Europe Network’ may offer in this regard;
Amendment 38 #
2022/2171(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Acknowledges the threat for European industry and sustainability by imports of textiles that are non-compliant with EU legislation; urges the Commission and Member States to increase their monitoring and market surveillance to ensure compliance with EU-legislation, with special emphasis on non-EU companies to ensure a level- playing field for European businesses; welcomes the potential for establishing new mutually beneficial trade agreements, and strengthening existing trade relationships that can safeguard conformity of textiles products with EU legislation, and further can support the creation of jobs and economic growth both in the EU and among trade partners;
Amendment 41 #
2022/2171(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Calls on the Commission and Member States to analyse the possibility to provide relevant and cost-effective support to third countries and suppliers in those countries to decarbonise textile supply chains, which will have positive influence on European businesses as well;
Amendment 42 #
2022/2171(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2 d. Calls on the Commission and the Member States to ensure policy coherence among the policy measures identified in the EU Textiles Strategy and the transition pathway to create a predictable, harmonised, relevant and seamless legal framework in line with existing EU legislation, in particular regarding the ecodesign requirements for textiles with sufficient implementation time for businesses; further urges the Commission and Member States to safeguard harmonisation of national policies at the EU level to ensure legal certainty and predictability for business operators in the Single Market, especially SMEs;
Amendment 43 #
2022/2171(INI)
Draft opinion
Subheading 1 a (new)
Subheading 1 a (new)
Ecodesign, the Digital Product Passport and Textiles Labelling
Amendment 44 #
2022/2171(INI)
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2 e. Takes note of the extension of the ecodesign regulation beyond energy- related goods, including textiles; underlines that great potential for more circular and sustainable textiles lies in the design phase of such products; urges the Commission to consult with research institutions and relevant stakeholders before setting clear targets and measures in the ecodesign delegated acts for different textile product categories on a risk-based and life-cycle approach, including a cost-benefit analysis; underlines that the targets need to reflect the given differences of diverse textiles products in their production processes and consumer usage and that they are technically feasible in accordance with state-of-the art technology; further calls for a transition period for the ecosystem to comply with new product-based ecodesign requirements;
Amendment 45 #
2022/2171(INI)
Draft opinion
Paragraph 2 f (new)
Paragraph 2 f (new)
2 f. Underlines that information and notably performance requirements should be carefully fine-tuned to ensure technical and economic feasibility, including on aspects such as functionality, scalability and security of supply, creativity of design and competitiveness of European businesses, as well as affordability for consumers; highlights the importance of coherent information requirements for textiles products to be aligned with functionalities and responsibilities of the Digital Product Passport (DPP), in line with data protection obligations, trade secrets and intellectual property rights;
Amendment 46 #
2022/2171(INI)
Draft opinion
Paragraph 2 f (new)
Paragraph 2 f (new)
2 f. Recognizes the great amount of investment needed for the digitalisation of the textiles ecosystem and therefore calls on the Commission and Member States to increase their funding efforts in this regard; recognizes that the access, sharing and processing of data relating to textiles ecosystem are essential for its digital transition;
Amendment 47 #
2022/2171(INI)
Draft opinion
Paragraph 2 g (new)
Paragraph 2 g (new)
2 g. Emphasizes the role the Digital Product Passport can play to enable greater circularity and new business models of textiles by making data more accessible and transparent along the supply chain; is convinced of the possible business opportunities for commercialisation that can be invented through the DPP due to benefits in terms of transparency, consumer behaviour understanding, supply chain accuracy, waste reduction and correct treatment of textiles for recycling, reuse and repair; therefore calls for an immediate creation of a Pilot Project, funded by Horizon Europe, laying down the fundamental criteria and infrastructure needs for the DPP;
Amendment 48 #
2022/2171(INI)
2 i. Points out that the information provided by the Digital Product Passport needs to be relevant, accurate and up-to- date, and that the information can be easily accessible and usable for authorities, consumers and stakeholders along the supply chains; calls on the Commission to gradually phase-in the DPP with a longer implementation period for SMEs, and especially micro- enterprises taking account of their capacities, and to support them to ensure full compliance with the regulation; further calls on the Commission to base the DPP implementation on existing data bases, data infrastructures and data sharing best-practices to avoid duplication and unnecessary administrative burden;
Amendment 49 #
2022/2171(INI)
Draft opinion
Paragraph 2 j (new)
Paragraph 2 j (new)
2 j. Recalls that questions regarding data reliability and verifiability, legal liability for the data published, access to data for companies along the whole supply chain, remain open to-date, and need to be addressed accordingly by the Commission and Member States; underlines the need to implement the DPP data obligations with specific consideration for information that constitutes trade secrets or concerns intellectual property rights;
Amendment 50 #
2022/2171(INI)
Draft opinion
Paragraph 2 j (new)
Paragraph 2 j (new)
2 j. Welcomes the envisaged revision of the Textiles Labelling Regulation, which should harmonise all content for mandatory labels of textile products across the EU; highlights that all rules on labelling of textile products, both on physical and digital label and on all labelling domains, including for sustainability and circularity, are introduced with a view to ensure legal clarity, lower compliance costs for companies, in particular SMEs, and that information is easily accessible, readable and comparable to consumers and relevant businesses; calls on the Commission to further clarify and ease the classification process to apply for new fibre composition names for novel and distinctive materials;
Amendment 58 #
2022/2171(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on the Commission, Member States and industry stakeholders to embrace the New European Bauhaus initiative and the principles of sustainability, aesthetics and inclusion for the transition of the ecosystem, as the connection of creativity, arts and science can facilitate social acceptance and help to overcome central challenges ahead; underlines that product attractiveness plays an important role in changing consumers´ habits and thus is a precondition for a sustainable transition of the European textile industry; highlights the uniqueness of the European creative sector in the world;
Amendment 68 #
2022/2171(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Underlines that the actions taken under the EU Textiles Strategy should greatly focus on the invention of new business models as the major mean to ensure continued European international competitiveness, e.g. by putting an emphasis on digital innovations and new types of fibres, rather than simply making the current business models of the European industry more sustainable, which is limited by the laws of thermodynamics; is convinced that the nature and function of apparel will fundamentally change in the upcoming years, turning from public image to become a more integral part of the life of citizens, e.g. by providing information to consumers on various aspects, e.g. the health status;
Amendment 79 #
Amendment 80 #
2022/2171(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Recognizes the transition pathway as an important step to transform the textiles ecosystem in Europe; regrets the Commission has taken almost two years after the update of the EU´s industrial strategy to build a textiles ecosystem transition pathway; stresses that a quick finalisation and implementation of the support actions for businesses is of utmost importance to enable the sustainable transition; stresses that actions taken in accordance with the transition pathway should be fully aligned with the EU Industrial Strategy, the legislative activities envisaged in the EU Textiles Strategy, the goals of open strategic autonomy and objectives of the European Green Deal;
Amendment 86 #
2022/2171(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Acknowledges the energy-intense nature of the textiles production and the challenges European companies face due to the ongoing energy crisis and soaring energy prices; welcomes national and EU support measures to bring down energy prices to an internationally competitive level, and to thereby maintain and develop production capacities in Europe, keeping Europe´s companies in business without disturbing decarbonisation incentives for them;
Amendment 91 #
2022/2171(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3 e. Underlines the need to reduce the carbon footprint of the sector, largely by investments into greenhouse gas reduction technologies and research therein; strongly believes that the question of worldwide water usage in the production of textiles, mainly by growing cotton, has to be addressed immediately by an increased effort for research and innovation, in particular for new forms of fibres that demand less water;
Amendment 94 #
2022/2171(INI)
Draft opinion
Paragraph 3 f (new)
Paragraph 3 f (new)
3 f. Recalls that the transition to a circular economy of the textiles ecosystem also presents a significant potential for the creation of new green jobs with the upskilling and reskilling of the existing labour force; urges the Commission and Member States to facilitate access to innovative education curricula for the development of relevant skills, particularly due to the necessary digital transition of the industry, which creates job opportunities but also demands highly skilled workers; further calls on the Commission and Member States to direct great attention to the merger of artistic and technological training for workers in the textiles ecosystem, harnessing synergies between creative and technological skills, to continuously promote the mobility of skilled labour across Europe and to preserve the European cultural heritage of textiles crafting skills;
Amendment 121 #
2022/2171(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that several EU funding opportunities exist, such as via Cluster 2 of Horizon Europe or the European Innovation Council; calls for the creation of an EU research and innovation agenda aligned with the transition pathway for the textiles ecosystem; emphasizes that the EU research and innovation agenda has to address the whole value chain of circularity in the textiles ecosystem; underlines the leading role the European Institute of Innovation and Technology (EIT) Knowledge and Innovation Communities (KICs) on Culture & Creativity3 and Manufacturing4 should play in this process. _________________ 3 https://eit.europa.eu/eit-community/eit- culture-creativity. 4 https://www.eitmanufacturing.eu/.
Amendment 128 #
2022/2171(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses that the upcoming Horizon Europe work programmes should reflect the goals of circularity and sustainability as set out in the EU Textiles Strategy and in the corresponding EU research and innovation agenda for textiles; furthermore points out that related calls should be based on a structural engagement of stakeholders of the whole ecosystem.
Amendment 129 #
2022/2171(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Recalls the obligation for Member States to have separate collection infrastructure for textiles as of 1 January 2025; underlines the urgent need for funding and innovation support for the industry to be ready to make use of the collected waste by ways of recycling, reusing or repairing and to ensure an environmentally sound management of the collected textiles; encourages the Commission to monitor Member States that have implemented separate collection before 1st of January 2025 to gather best practices and identify possible issues related to harmonisation of sorting and collection practices at EU-level; calls on the Commission and Member States to consider textile waste as raw material for the production of textiles.
Amendment 132 #
2022/2171(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Stresses the need for direct funds on both EU and national levels for research, innovation and the scale-up of infrastructure for high-quality manual and automatic composition sorting of textiles to minimize waste, optimize recyclability and increase reusability; recalls that shipments of waste are essential for the re-looping of secondary raw materials in the economy; underlines the importance of harmonised end-of- waste criteria and waste definition for textiles.
Amendment 134 #
2022/2171(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Underlines the importance of recycling for circularity and reduction of waste and as a source of raw materials for the textile production in Europe; highlights the need to create strong incentives for recycling that trigger the demand-side and create a stable and open market for recyclers; recalls that for creating European recycling industry, collection, sorting, waste treatment and shipment requirements across the whole value-chain need to be aligned with necessary investments efforts; calls for Member States to increase their investments in recycling technologies, including the scale-up of existing recycling plants, in particular in mechanical and chemical recycling technologies that allow the separation and recycling of mixed materials; therefore calls to orientate European funding towards development of market-ready technologies for recycling.
Amendment 136 #
2022/2171(INI)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. Underlines business opportunities for reuse and repair and its contribution to a more sustainable and circular textiles ecosystem; stresses that innovation and scale-up investments for these business models should be a part of the EU research and innovation agenda.
Amendment 138 #
2022/2171(INI)
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5 f. Calls for the development of 'European Textile Hubs', that connect innovative research centres with collection, sorting, recycling and disposal plants, turning waste into value and creating new jobs in textile manufacturing hubs; stresses the need for direct substantial funding for innovation actions for the scale-up of demonstrators across the EU.
Amendment 140 #
2022/2171(INI)
Draft opinion
Paragraph 5 g (new)
Paragraph 5 g (new)
5 g. Takes note of the physical boundaries to recyclability and circularity of current existing fibres due to the laws of thermodynamics; therefore stresses the ambition to shift away from the classic textiles industry dominated by cotton and petroleum-based fabrics, calls on the Commission alongside Member States, industry and research institutions to continue, encourage and fund research into the inherent tradeoffs between making textile products more durable and reusable, recyclable, repairable and free of hazardous substances.
Amendment 142 #
2022/2171(INI)
Draft opinion
Paragraph 5 h (new)
Paragraph 5 h (new)
5 h. Stresses the need to look beyond the currently existing fibres and textiles to increase research and innovation related to inventing new raw materials in order to increase recyclability, overcome the limitations of the laws of thermodynamics, diminish the carbon footprint of textiles production and to reduce the dependency on land, water and oil for the textiles ecosystem; is convinced that new types of fibres and textiles combined with digital solutions will be able to improve citizen´s lives, e.g. by providing health information to the user of the product.
Amendment 144 #
2022/2171(INI)
Draft opinion
Paragraph 5 i (new)
Paragraph 5 i (new)
5 i. Highlights the fact that man-made fibres, both bio-based and synthetic, are still essential in the manufacturing of technical textiles alongside many other textile categories, and therefore will continue to play a role in the ecosystem related to making products durable, sustainable and circular; highlights that research and innovation directed to man- made fibres is needed, including for the recycling of waste-to-fibre.
Amendment 147 #
2022/2171(INI)
Draft opinion
Paragraph 5 j (new)
Paragraph 5 j (new)
5 j. Stresses the need to continuously support research and funding for handling microplastics pollution by synthetic textiles and microfibers shedding; calls on the Commission to address this issue in the envisage Commission’s proposal on measures to reduce the release of microplastics in the environment.
Amendment 149 #
2022/2171(INI)
Draft opinion
Paragraph 5 k (new)
Paragraph 5 k (new)
5 k. Stresses the importance of research into the development of alternatives to the conventional use of chemicals, water reuse through the development of wastewater treatment technologies, and to reduce energy and water consumption in the production process.
Amendment 8 #
2022/2078(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the EU Space Programme and the Union Secure Connectivity Programme (IRIS2) play an important role in the context of European security and defence and in demonstrating the EU as a credible actor on the international stage;
Amendment 9 #
2022/2078(INI)
Ab. whereas the EU space actions demonstrate tangibly an important contribution to the security of EU citizens and beyond, which no individual Member State could do alone;
Amendment 10 #
2022/2078(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas currently there are neither standards nor specific regulations for the use of Galileo and its dual-use services, secure satellite communications and/or Copernicus services by Civil Protection practitioners in a Disaster situation;
Amendment 69 #
2022/2078(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the need of raising awareness at EU scale of the importance of using the Galileo Public Regulated Service (PRS) and new Galileo differentiators such as High Accuracy, Authentication Service, Galileo Emergency warning service – and their use by civil and governmental users in a synergetic way with Earth Observation and Secure communications in order to strengthen the operational capacity of the European Union to act in all phases of disaster risk management (natural and man-made disasters);
Amendment 132 #
2022/2078(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on EUSPA to identify and stimulate the combined use of the EU Space Programme components and future Secure Connectivity IRIS2 that are beneficial for the robustness and resilience of Members States’ critical infrastructure;
Amendment 133 #
2022/2078(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Reiterates the need for more uptake of space services by stimulating the adoption of space solutions across a wide range of EU policies, in particular concerning governmental use in the domain of security and defence, and to increase the competitiveness of the EU downstream space industry;
Amendment 157 #
2022/2078(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Welcomes the Union Secure Connectivity Programme (IRIS2) as part of the EU’s space programmes and stresses the importance of strengthening transparency in the governance of all the space programmes through greater empowerment and accountability for all necessary public sector actors; considers this will ensure best use of budget and avoid that EU is dependent on non-EU bodies for the implementation and operation of its space programme and future programmes such as secure connectivity;
Amendment 158 #
2022/2078(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Welcomes the governance approach of Galileo and EGNOS, which is crucial for the good functioning of the EU Space Programme architecture and for the robustness of the system; recalls the importance of extending this unique chain of command and clear division of task to all EU space components;
Amendment 159 #
2022/2078(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Welcomes the development of IRIS2, the EU space-based global ultra- secure communications system, as an important instrument for the security of sensitive digital communications; recalls that continuous efforts should be done to secure the European space activities, in cooperation with the EU Agency for the Space Programme (EUSPA) and the European Space Agency (ESA);
Amendment 192 #
2022/2078(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Points out that the EU Agency for the Space Programme (EUSPA) in charge with the provision of commercial and governmental services and the operational security of the satellites systems should continue to reinforce its role in providing strategic autonomy to the EU for the security of the space systems in operations;
Amendment 2 #
2022/2008(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. RHighlights that the policies for industry, trade, competition and the single market should be considered in a holistic way within the industrial strategy, which should have the ecosystems at the core, should aim at aligning the different instruments and be fully integrated with the existing initiatives; recalls that the new Industrial Strategy was updated to reflect the lessons learned from COVID-19 and to boost the recovery of the single market, and that this strategy will be key to enhancing EU competitiveness and overcoming future challenges; recalls that a strong governance system and market surveillance are essential in order to relaunch the single market, which is the EU greatest asset; calls on the Commission to focus on ensuring that the industrial strategy helps remove single market barriers and, avoid further fragmentation and diverging national approaches;
Amendment 10 #
2022/2008(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 20 #
2022/2008(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges the European standardisation strategy and underlines that standards are essential for a well- functioning single market, global competitiveness and the green and digital transitionsthe safety of products, global competitiveness, the green and digital transitions and ultimately European society at large; stresses that is crucial that the strategy continues to attract the best experts, boosts a more coordinated approach in terms of international standards setting and that strategic objectives are discussed and agreed with the active participation of all stakeholders involved, including the research community; underlines the need to develop tools to monitor standards in order to support SMEs and microenterprises to identify those that are particularly relevant for them;
Amendment 28 #
2022/2008(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the need to strengthen the competitiveness of SMEs, microenterprises and industry by addressing supply risks, dependencies, disruptions and vulnerabilities, especially in the green and digital economies; stresses that an effective, open, fair and cooperative public procurement framework will lead to more jobs, growth and innovative investments; reminds the importance of the guidelines developed by the Commission that give practical indications about how Member States should include performance goals and quality criteria, such as the Most Economic Advantageous Tender (MEAT) one, in the contracts awarded through public procurement and how to better involve a plurality of manufacturers, including SMEs and microenterprises;
Amendment 37 #
2022/2008(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls the importance of effective and sustainable public procurement practices, especially in the context of the health ecosystem; urges the Commission to support Member States in the development of targeted rules, regarding the joint procurement of essential goods such as medicines, aiming to ensure long- term sustainability, security of supply, fair competition and investments in manufacturing capabilities;
Amendment 48 #
2022/2008(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines that in order to make the Union’s single market fit for the digital age, it is crucial to prioritise investments in digital infrastructures, bridge the digital divide and improve digital literacy and skills, without neglecting rural, remote and outermost areas; stresses the need for Member States to act seriously through their national frameworks to make sure they implement the Pact for Skills and the other Union’s initiatives aimed at creating reskilling and upskilling opportunities for workforce; recalls to this end the importance to strengthen education and training to further integrate the knowledge triangle and highlights the need to implement the initiatives aimed at reinforcing the European Research Area, the European Education Area and the European Innovation Ecosystems, aiming at building a strong European internal market for research and innovation;
Amendment 51 #
2022/2008(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission and the Member States to strive for an open strategic autonomy and stresses that to achieve this objective they should in particular: - relaunch the single market strategy in order to de-fragmentise regulatory approaches, de-regulate where necessary, de-bureaucratise public administrations and business’ life, overcome existing barriers to investments, in order to reduce regulatory compliance costs, award competition and favour market-led innovation; - develop concrete actions to support Member States to bridge the lack of skills and to re-balance within the single market the drain of talents, technological experts and know-how; - develop a European Innovation Area able to turn scientific results into commercial products, supporting startups and SMEs and retaining businesses within the Union's single market; - implement a strategy on critical raw materials and resources needed for the key enabling technologies, the digitalisation and the green transition; - improve research, innovation and technological development funding, not only from the private sector but also from government-led policies, including in the form of public-private ventures.
Amendment 57 #
2022/2008(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls the commitments to increase R&D investments to 3 % of GDP and to develop a single market for research and innovation; underlines that industrial alliances and public-private partnerships are important to develop breakthrough technologies also aiming at closing carbon loops across the value chains of energy intensive industries by reusing and recycling resources; calls on the Commission to ensure consistency and synergy in all initiatives, funding and regulatory instruments supporting industry, SMEs and microenterprises;
Amendment 61 #
2022/2008(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to establish clear, effective, simple and comprehensive guidelines regarding the existing instruments that should address the policy priorities in several industrial sectors, notably the Important Projects of Common European Interest (IPCEIs), the various alliances (industrial data, space launchers, zero emissions aviation, batteries, and others), the European Digital Infrastructure Consortia (EDICs), and others; stresses the importance of ensuring the right synergies between the different instruments, programmes and funds, from the Recovery and Relaunch Facility to the structural funds, and urges to better integrate them with the joint undertakings and the other initiatives derived from Horizon Europe, such as the European Institute of Technology and Innovation (EIT) and the European Innovation Council (EIC);
Amendment 67 #
2022/2008(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that in addition to vertical ecosystems, there is a need to have horizontal approaches, such as on enabling technologies, and that the digital ecosystem must be integrated with all other industrial ecosystems horizontally.; stresses the importance of the Industrial Forum established by the Industrial Strategy and notes that among the five task forces that were created, one is directly relevant for the single market and analyses the horizontal aspects of the single market and the removal of the barriers, and another one has a specific focus on advanced manufacturing as an horizontal enabler for a wide range of ecosystems; underlines the massive investment gap existing in the technology industries enabling the digital transformation of our society and reiterates the need to strengthen investments in digital technologies; calls on the Commission, as well as the Member States, to fully support such a horizontal approach, in order to ensure that Europe remains a global leader in a crucial enabling technology; reminds that the green and digital transformation is affecting jobs' quality, structure and characteristics and stresses how the single market's integration should lead to real benefits for the European citizens, also through more effective measures to secure consumer rights and a more efficient labour market;
Amendment 72 #
2022/2008(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission and Member States to adopt a holistic approach when it creates incentives to support strategic industrial sectors and their supply chains, such as food, pharmaceutics and others, which are facing a sharp increase of energy, transport and raw materials' costs due to the current conflict in Ukraine; stresses that ensuring sufficient access to affordable, secure and diversified clean energy throughout the single market is going to be key to continue with its integration and to pursue the European industry’s transformation plans, boost its green transition and its global competitiveness; underlines how the development of efficient and integrated logistics networks and infrastructures can ensure a smoother access to transport, energy and digital services increase competitiveness of businesses, reduce barriers in the single market and widen markets for products and jobs; reminds the importance of diversification of supplies and material circularity in particular to reduce reliance on third country imports and increase Union's energy and resources independence;
Amendment 75 #
2022/2008(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. stresses the importance of the data economy and asks the Commission to accelerate on all data-related initiatives, improving data sharing and exchange, contributing to the development of common European data spaces, fostering the creation of shared European infrastructures to facilitate the use and the exchange of data across industrial sectors, strengthening the data, cloud and edge ecosystems and reinforcing investments in high-speed communications; reminds that cybersecurity is fundamental to engage securely with the digital economy, also in view of enhancing trust of citizens and businesses and lead to a wider uptake and use of digital solutions;
Amendment 124 #
2022/0426(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) In order to clarify a legal uncertainty in the definition of trafficking in human beings, this Directive adopts a broader concept of what it should be considered than under Directive 2011/36/EU and Framework Decision 2002/629/JHA, and therefore includes additional forms of exploitation. The contract, usually called surrogacy, through which a natural or legal person agrees with a woman that she will carry a child for the purpose of handing it upon birth, regardless of the name and terms and conditions of such contract, is considered human trafficking, both of the woman who carries or is to carry the child and of the child.
Amendment 127 #
2022/0426(COD)
(16a) In accordance with the European Parliament resolution of the 21st of January 2021 on the EU Strategy for Gender Equality (2019/2169(INI)), in its paragraph 32, which “acknowledges that sexual exploitation for surrogacy and reproductive purposes or purposes such as forced marriages, prostitution and pornography is unacceptable and a violation of human dignity and human rights”. In accordance with the European Parliament resolution of the 10th of February 2021 on the implementation of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims (2020/2029(INI)), in its paragraph 28, that classifies surrogacy as a Traffic in Human Beings. In accordance with the European Parliament resolution of 5th of May 2022 on the impact of the war against Ukraine on women (2022/2633(RSP)), that “underlines the serious impact of surrogacy on women, their rights and their health, the negative consequences for gender equality and the challenges stemming from the cross- border implications of this practice, as has been the case for the women and children affected by the war against Ukraine; asks the EU and its Member States to investigate the dimensions of this industry, the socio-economic context and the situation of pregnant women, as well as the consequences for their physical and mental health and for the well-being of babies; calls for the introduction of binding measures to address surrogacy, protecting women’s and newborns’ rights”.
Amendment 131 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2011/36/EU
Article 2 – paragraph 3
Article 2 – paragraph 3
(1) in Article 2, paragraph 3, “or forced marriage, or illegal adoption”, "or the exploitation of a woman for reproductive purposes through surrogacy" is added at the end of the paragraph.
Amendment 62 #
2022/0402(CNS)
Proposal for a regulation
Recital 2
Recital 2
(2) This Regulation concerns the recognition in a Member State of the parenthood of a child as established in another Member State. It aims to protect the fundamental rights and other rights of children in matters concerning their parenthood in cross-border situations, including their right to an identity31 , to non-discrimination32 and to a private and family life33 , taking the best interests of the child as a primary consideration34 . This Regulation also aims to provide legal certainty and predictability and to reduce litigation costs and burden for families, national courts and other competent authorities in connection with proceedings for the recognition of parenthood in another Member State. To attain these aims, this Regulation should require Member States to recognise for all purposes the parenthood of a child as established in another Member State. _________________ 31 Article 8 of the UN Convention on the Rights of the Child. 32 Article 2 of the UN Convention on the Rights of the Child, Article 21 of the Charter of Fundamental Rights of the European Union. 33 Article 9 of the UN Convention on the Rights of the Child, Articles 7 and 24 of the Charter of Fundamental Rights of the European Union. 34 Article 3 of the UN Convention on the Rights of the Child, Article 24 of the Charter of Fundamental Rights of the European Union.
Amendment 64 #
2022/0402(CNS)
Proposal for a regulation
Recital 5
Recital 5
(5) Under the Treaties, the competence to adopt substantive rules on family law, such as rules on the definition of family and rules on the establishment of the parenthood of a child, lies with the Member States. However, pursuant to Article 81(3) TFEU, the Union can adopt measures concerning family law with cross-border implications, in particular rules on international jurisdiction, on applicable law and on the recognition of parenthood. In accordance with Article 67(1) TFEU the relevant legislation shall respect fundamental rights and the different legal systems of the Member States.
Amendment 88 #
2022/0402(CNS)
Proposal for a regulation
Recital 18
Recital 18
(18) Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (‘European Convention of Human Rights’) lays down the right to respect for private and family life, while Article 1 of Protocol No. 12 to the said Convention provides that the enjoyment of any right set forth by law must be secured without discrimination on any ground, including birth. The Grand Chamber of the European Court of Human Rights has interpreted Article 8 of the Convention as requiring all States within its jurisdiction to recognise the legalrecognised, in the only case on which it had to rule, Paradiso and Campanelli v Italy (ECHR, 24 January 2017, n° 25358/12), the right of a Member State to not recognise a parenthood established abroad to the orderer of a surrogacy contract. Member States are not required to register the details of the birth certificate of a child born via surrogacy abroad in order to establish the parent- child legal relationship established abroad between a child borwith the orderer mother. The jurisprudence of the European Court of surrogacy and the biological intended parent, and to provide for a mechanism for the recognition in law of the parent- child relationship with the non-biological intended parent (for example through the adoption of the child)54 . _________________ 54 For example, Mennesson v. France (Application no 65192/11, Council of Europe: European Court of Human Rights, 26 June 2014) and Advisory Opinion P16-2018-001 (Request no. P16- 2018-001, Council of Europe: European Court of Human Rights, 10 April 2019)Human Rights, without prejudice to the need for States to identify ways to ensure the protection of the child interest in the legal recognition of the link with those who de facto exercise parental responsibility, has recognised to the States a margin of discretion in identifying the ways in which to formalise the relationship with the orderer of a surrogacy contract. This orientation does not prevent the solution of the non-registration of the foreign document that recognises the parenthood to both the members of the couple that resorted to surrogacy abroad. With regard to the solution of adoption, the European Court of Human Rights has underlined that it can be considered sufficient to guarantee the protection of the rights of minors to the extent that it is capable of constituting a link of real "filiation" between adopter and adopted, and on condition that the modalities provided for by domestic law guarantee the effectiveness and speediness of its implementation, in accordance with the best interest of the child.
Amendment 98 #
2022/0402(CNS)
Proposal for a regulation
Recital 21
Recital 21
(21) In conformity with the provisions of international conventions and Union law, this Regulation should ensure that children enjoy their rights and maintain their legal status in cross-border situations without discrimination. To that effect, and in the light of the case law of the Court of Justice, including on mutual trust between Member States, and of the European Court on Human Rights, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State irrespective of how the child was conceived or born and irrespective of the child’s type of family, and, including domestic adoption. Therefore, subject to the application of the rules on applicable law of this Regulation, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State of a child with same-sex parents. This Regulation should also cover the recognition in a Member State of the parenthood of a child adopted domestically in another Member State under the rules governing domestic adoption in that Member State.
Amendment 110 #
2022/0402(CNS)
Proposal for a regulation
Recital 24
Recital 24
(24) For the purposes of this Regulation, parenthood, also referred to as filiation, may be biologic, genetic, by adoption or by operation of law. Also for the purposes of this Regulation, parenthood should mean the parent-child relationship established in law, and should cover the legal status of being the child of a particular parent or parents. This Regulation should cover the parenthood established in a Member State of both minors and adults, including a deceased child and a child not yet born, whether to a single parent, a de facto couple, a married couple or a couple in a relationship which, under the law applicable to such relationship, has comparable effects, such as a registered partnership. This Regulation should apply regardless of the nationality of the child whose parenthood is to be established, and regardless of the nationality of the parents of the child. The term ‘parent’ in this Regulation should be understood, as applicable, as referring to the legal parent, the intended parent, the person who claims to be a parent or the person in respect of whom the child claims parenthoodwhich means the person to which a child has a legally established link of filiation, may it be biologic, genetic, by adoption or by operation of law.
Amendment 127 #
2022/0402(CNS)
Proposal for a regulation
Recital 31
Recital 31
(31) The requirements for the recording of parenthood in a register should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept that should determine under what legal conditions and how the recording must be carried out, and which authorities are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information. In order to avoid duplication of documents, the national registration authorities should accept the documents drawn up in another Member State by the competent authorities whose circulation is provided for by this Regulation. In particular, the European Certificate of Parenthood issued under this Regulation should constitute a valid document for the recording of parenthood in a register of a Member State. As the procedure for the issuance of the European Certificate of Parenthood and its contents and effects should be uniform in all Member States as set out in this Regulation, and the European Certificate of Parenthood should be issued in conformity with the rules on jurisdiction and applicable law laid down in this Regulation, the authorities involved in the registration should not require that the European Certificate of Parenthood be first transposed into a national document on parenthood. This should not preclude the authorities involved in the registration from confirming the conditions necessary to establish the authenticity of the European Certificate of Parenthood or from asking the person applying for registration to provide such additional information as required under the law of the Member State in which the register is kept, provided that information is not already included in the European Certificate of Parenthood. The competent authority may indicate to the person applying for registration how the missing information can be provided. The effects of recording the parenthood in a register (for example, depending on the national law, whether registration establishes parenthood or only provides evidence of the parenthood already established) should also be excluded from the scope of this Regulation and be determined by the law of the Member State in which the register is kept.
Amendment 145 #
2022/0402(CNS)
Proposal for a regulation
Recital 38
Recital 38
(38) This Regulation shouldall respect the different systems for dealing with parenthood matters in the Member States. As regards 'authentic instruments', Member States often empower authorities, such as notaries, administrative authorities or registrars to draw up authentic instruments establishing parenthood with binding legal effect in the Member State in which they have been drawn up or registered (‘authentic instruments with binding legal effect’), or to draw up authentic instruments which have no binding legal effect in the Member State in which they have been drawn up or registered but which have evidentiary effects in that Member State (‘authentic instruments with no binding legal effect’). The term 'empowerment' in this Regulation is to be interpreted autonomously in accordance with the definition of 'authentic instrument' used horizontally in Union instruments and in the light of the objectives of this Regulation.
Amendment 180 #
2022/0402(CNS)
Proposal for a regulation
Recital 56
Recital 56
(56) Considerations of public interest should allow courts and other competent authorities establishing parenthood in the Member States to disregard, in exceptional circumstances, certain provisions of a foreign law where, in a given case, applying such provisions would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to apply the public policy exception in order to set aside the law of another State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination, while complying with the Charter of Fundamental Rights of the EU.
Amendment 201 #
2022/0402(CNS)
Proposal for a regulation
Recital 67
Recital 67
(67) The recognition in a Member State under this Regulation of a court decision establishing parenthood given in another Member State, or of an authentic instrument establishing parenthood with binding legal effect drawn up or registered in another Member State, shouldall not imply the recognition of the possible marriage or registered partnership of the parents of the child whose parenthood has been or is to be established.
Amendment 221 #
2022/0402(CNS)
Proposal for a regulation
Recital 75
Recital 75
(75) Considerations of public interest should allow Member State courts or other competent authorities to refuse, in exceptional circumstances, to recognise or, as the case may be, accept a court decision or authentic instrument on the parenthood established in another Member State where, in a given case, such recognition or acceptance would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to refuse to recognise or, as the case may be, accept a court decision or an authentic instrument issued in another Member State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination, while complying with the Charter of Fundamental Rights of the EU.
Amendment 259 #
2022/0402(CNS)
Proposal for a regulation
Recital 90
Recital 90
(90) This Regulation respects the fundamental rights and observes the principles recognised in the Charter. In particular, this Regulation seeks to promote the application of Article 7 on everyone’s right to respect for their private and family life, Article 9 on the right to marry and right to found a family, Article 21 prohibiting discrimination, and Article 24 on the protection of the rights of the child.
Amendment 275 #
2022/0402(CNS)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation shall not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, including Directive 2004/38/EC. In particular, tThis Regulation shall not affect the limitations relating to the use ofpreclude the Member States from using public policy as a justification to refuse the recognition of parenthood where, under Union law on free movement, Member States are obliged to recognise a document establishing a parent-child relationship issued by the authorities of another Member State for the purposes of rights derived from Union law.
Amendment 276 #
2022/0402(CNS)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. Nothing in this Regulation can be interpreted as obliging a Member State to accept the practice of surrogacy, or any of its legal consequences.
Amendment 285 #
2022/0402(CNS)
2a. (j) the recognition of parenthood of orderers in a surrogacy contract, of children born of surrogacy.
Amendment 328 #
2022/0402(CNS)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The law applicable to the establishment of parenthood shall be the national law of the Statechild ofr the habitual residence of the person giving birth at the time of birth or, where the habitual residence of the person giving birth at the time of birth cannot be determined, the law oflaw of the State of which one of the parents is a citizen at the Stattime of birth of the child.
Amendment 330 #
2022/0402(CNS)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 383 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
Amendment 427 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 1 a (new)
Article 39 – paragraph 1 a (new)
1a. (f) if the recognition of parenthood induces the tolerance or acceptance of a contract, usually called surrogacy, through which a natural or legal person agrees with a woman that she will carry a child for the purpose of handing it upon birth, or any consequences of such a contract.
Amendment 107 #
2022/0396(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In its Resolution of 15 September 2022 on the consequences of drought, fire, and other extreme weather phenomena: increasing the EU’s efforts to fight climate change the European Parliament stressed how water is an increasingly valuable yet scarce resource and underlined the importance of sustainable water management for guaranteeing food security, calling on the Commission to refrain from proposing further EU legislation that endangers or risks endangering EU food security. In light of its scarcity, the use of water should be prioritised in sectors where it is essential, such as agriculture.
Amendment 110 #
2022/0396(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In line with the waste hierarchy set out in Article 4(21) of Directive 2008/98/EC, and with the requirement set in paragraph 2 of Article 4 of the same Directive, which foresees that specific waste streams may depart from the hierarchy where this is in line with life- cycle thinking to deliver the best overall environmental outcome, the measures provided for under this Regulation aim at reducing the amount of packaging placed on the market in terms of its volume and weight, and preventing the generation of packaging waste, especially through packaging minimisation, avoiding packaging where it is not needed, and increased re-use of packagingand recycling of packaging while delivering the best environmental outcome. In addition, the measures aim at increasing the use of recycled content in packaging, especially in plastic packaging where the uptake of recycled content is very low, as well as higher recycling rates for all packaging and high quality of the resulting secondary raw materials while reducing other forms of recovery and final disposal.
Amendment 119 #
2022/0396(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In line with the waste hierarchy set out in Article 4(2) of Directive 2008/98/EC, and in line with life-cycle thinking to deliver the best overall environmental outcome, the measures provided for under this Regulation aim at reducing the amount of packaging placed on the market in terms of its volume and weight, and preventing the generation of packaging waste, especially through packaging minimisation, avoiding packaging where it is not needed, and increased re-use of packaging and increased recyclability of packaging. In addition, the measures aim at increasing the use of recycled content in packaging, especially in plastic packaging where the uptake of recycled content is very low, as well as higher recycling rates for all packaging and high quality of the resulting secondary raw materials while reducing other forms of recovery and final disposalreduce landfill of packaging. In order to increase the availability and quality of recyclates, the focus should be on the raw materials ability to retain its main material properties after recycling, and its ability to replace primary raw materials in future applications.
Amendment 121 #
2022/0396(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Designing packaging with the objective of its recycling, once it becomes packaging waste, is one the most efficient measures to improve the packaging circularity and raise packaging recycling rates and the use of recycled content in packaging, while assuring marketing and consumer acceptance and preserving all its functions. Packaging design for recycling criteria have been established for a number of packaging formats under voluntary industry schemes or by some Member States for the purpose of the modulation of extended producer responsibility fees. In order to prevent barriers to the internal market and provide industry with a level playing field, and with the objective to promote the sustainability of packaging assuring marketing and consumer acceptance and preserving all its functions, it is important to set mandatory requirements regarding the recyclability of packaging, by harmonising the criteria and the methodology for assessing packaging recyclability based on a design for recycling methodology at the Union level. In order to meet the objective set out in the CEAP that, by 2030, all packaging should be recyclable or reusable, in an economically viable manner, packaging recyclability performance grades should be established based on design for recycling criteria for packaging categories as listed in Annex II. However, packaging should comply with them only as of 1 January 2030 in order to give sufficient time to the economic operators to adapt.
Amendment 123 #
2022/0396(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Careful consideration should be given to situations when the packaging's technical and qualitative characteristics conflict with total recyclability when determining the design for recycling criteria. The product's performance and its effects on the environment, particularly in terms of hygiene, healthiness and food safety, must then be carefully considered.
Amendment 124 #
2022/0396(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) As design for recycling assessment in itself does not ensure that packaging is recycled in practice, it is necessary to establish a uniform methodology and criteria for assessing the recyclability of packaging in practice based on the state-of- the-art separate collection, sorting and recycling processes and infrastructure actually available in the Union. Related reporting from Member States and, where relevant, economic operators should support establishing the recyclability “at scale” thresholds and update, on this basis, the recyclability performance grades with respect to the specific packaging materials and categories, preserving the added value conveyed to the final consumer with the packaging.
Amendment 125 #
2022/0396(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to establish harmonised rules on packaging design to ensure its recyclability while ensuring packaging performs all its functions and assuring marketing and consumer acceptance, the power to adopt delegated acts should be delegated to the Commission to set out detailed criteria for packaging design for recycling per packaging materials and categories, as well as for the assessment of the packaging recyclability at scale including for categories of packaging not listed in this Regulation. These criteria shall not conflict with the quality requirements and technical functionality that the packaging shall ensure. In order to give economic operators and Member States sufficient time to collect and report the necessary data to establish the “at scale” recycling methodology, the manufacturers should ensure that packaging is recycled at scale as of 2035. That should ensure that packaging complies with the design for recycling criteria, and is also recycled in practice on the basis of the state of the art processes for separate collection, sorting and recycling.
Amendment 131 #
2022/0396(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) To ensure packaging circularity, packaging should be designed and manufactured in such a way as to allow for the increased substitution of virgin materials with recycled materials. The increased use of recycled materials supports the development of the circular economy with well-functioning markets for recycled materials, reduces costs, dependencies and negative environmental impacts related to the use of primary raw materials, and allows for a more resource- efficient use of materials. In relation to the different packaging materials, the lowest input of recycled materials is in plastic packaging. In order to address these concerns in the most appropriate manner, it is necessary to increase the uptake of recycled plastics, by establishing mandatory targets for recycled content in plastic packaging at different levels depending on the contact-sensitivity54 of different plastic packaging applications, the availability, prices and market volumes of recycled plastic, and ensuring that the targets become binding byfrom 2030. In order to incrementally ensure packaging circularity, increased targets should apply as of 2040. _________________ 54 Contact sensitive packaging refers to plastic packaging of products covered by Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (OJ L 268, 18.10.2003, p. 29), Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food (OJ L 338 13.11.2004, p. 4), Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC (OJ L 229, 1.9.2009, p. 1), Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (recast) (OJ L 342, 22.12.2009, p. 59), Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1), Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176), Regulation (EU) 2019/4 of the European Parliament and of the Council of 11 December 2018 on the manufacture, placing on the market and use of medicated feed, amending Regulation (EC) No 183/2005 of the European Parliament and of the Council and repealing Council Directive 90/167/EEC (OJ L 4, 7.1.2019, p. 1), Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43), Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67) and Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13–59).
Amendment 136 #
2022/0396(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 140 #
2022/0396(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 147 #
2022/0396(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) To promote the circularity and sustainable use of packaging, reusable packaging and systems for re-use should be incentivised without prejudice to Art. 4(2) Directive 2008/98/EC. For that purpose, it is necessary to clarify the notion of reusable packaging and to ensure that it is linked not only to the packaging design, which should enable a maximum number of trips or rotations and maintaining the safety, quality and hygiene requirements when being emptied, unloaded, refilled or reloaded, but also to the setting up of systems for re-use respecting minimum requirements as set out in this Regulation. In order to facilitate conformity assessment with requirements on reusable packaging, it is necessary to provide for presumption of conformity for packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 for the purpose of expressing detailed technical specifications of those requirements and define reusable packaging criteria and formats, including minimum number of trips or rotations, standardised designs, as well as requirements for systems for re-use, including hygiene requirements.
Amendment 149 #
2022/0396(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) It is necessary to inform consumers and to enable them to appropriately dispose of packaging waste, including compostable lightweight and very lightweight plastic carrier bags. The most appropriate manner to do this is to establish a harmonised labelling system based on the material composition of packaging for sorting of waste, and to pair it with corresponding labels on waste receptacles. To this end, the European Commission and Member States shall provide the necessary tools and incentives, including economic ones, with special attention to micro and small enterprises.
Amendment 156 #
2022/0396(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) In order to safeguard the functioning of the internal market, it is necessary to ensure that packaging from third countries entering the Union market comply with this Regulation, whether imported as self-standing packaging or in a packaged product. In particular, it is necessary to ensure that appropriate conformity assessment procedures have been carried out by manufacturers with regard to that packaging. Importers should therefore ensure that the packaging they place on the market comply with those requirements and that documentation drawn up by manufacturers are available for inspection by the competent national authorities. To comply with these obligations, adequate support should be provided to non-professional importers, especially to micro and SMEs.
Amendment 159 #
2022/0396(COD)
Proposal for a regulation
Recital 61
Recital 61
Amendment 166 #
2022/0396(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) In order to further the aim of circularity and sustainable use of packaging, it is necessary, without prejudice to Art. 4(2) Directive 2008/98/EC, to limit the risk that packaging marketed as reusable is not re- used in practice and to ensure that consumers return reusable packaging. The most appropriate manner to achieve this is to oblige economic operators, who use reusable packaging, to ensure that a system for re-use is put in place, thus allowing such packaging to circulate, rotate and be repeatedly used. To ensure maximum benefits of such systems, minimum requirements should be laid down for open loop and closed loop systems. Confirmation of compliance of reusable packaging with an existing system for re- use should also be a part of the technical documentation of such packaging.
Amendment 172 #
2022/0396(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) In order to reduce the increasing proportion of packaging that is single use and the growing amounts of packaging waste generated, and without prejudice to Article 4(2) of Directive 2008/98/EC, it is necessary to establish quantitative re-use and refill targets on packaging in sectors, which have been assessed as having the greatest potential for packaging waste reduction, namely food and beverages for take-away, large-white goods and transport packaging. This was appraised based on factors such as existing systems for re-use, necessity of using packaging and the possibility of fulfilling the functional requirements in terms of containment, tidiness, health, hygiene and safety. Differences of the products and their production and distribution systems, were also taken into account. The setting of the targets is expected to support the innovation and increase the proportion of re-use and refill solutions. The use of single use packaging for food and beverages filled and consumed within the premises in the HORECA sector should not be allowed. In-flight catering services do not form part of the HORECA sector since they qualify as service activities incidental to air transportation.
Amendment 176 #
2022/0396(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) Certain uses of single use transport packaging formats are not necessary, as there is a wide range of well-functioning reusable alternatives. In order to ensure that such alternatives are effectively used, it is appropriate to require economic operators, when transporting products between different sites of the same economic operator or between the economic operator and the linked or partner enterprises, to use only reusable transport packaging with respect to packaging formats such as pallets, foldable plastic boxes, plastic crates, intermediate bulk containers, both rigid and flexible, or drums. The same obligation should, for the same reasons, apply to economic operators transporting products within one Member State. If a life-cycle assessment is more environmentally useful, according to Art. 4 (2) of Directive 2008/98/EC, exemptions must be possible.
Amendment 183 #
2022/0396(COD)
Proposal for a regulation
Recital 90
Recital 90
(90) Waste prevention is the most efficient way to improve resource efficiency and to reduce the environmental impact of waste. It is important therefore, without prejudice to Art. 4 (2) of Directive 2008/98/EC, that economic operators take appropriate measures to reduce the waste generation by eliminating excessive packaging and restrict the uses of certain packaging formats, extending the life span of packaging, re-designing products so that no packaging or less packaging can be used, including bulk sales, and by shifting from single use packaging to reusable packaging.
Amendment 185 #
2022/0396(COD)
Proposal for a regulation
Recital 91
Recital 91
(91) To achieve an ambitious and sustained reduction in the overall packaging waste generation, targets should be laid down for the reduction of packaging waste per capitamaterial to be achieved by 20340. Meeting a target of 5 % reduction in 2030 compared to 2018 should entail an overall absolute reduction of approximately 19 % on average across the Union in 2030 compAccording to the existing harmonised standared to the 2030 baseline. Member States should reduce packaging waste generation by 10 %, compared to 2018, by 2035; this is estimated to reduce packaging waste by 29 % compared to the 2030 baseline. In order to ensure that the reduction efforts continue beyond 2030, a reduction target of 10 % from 2018, which would mean a reduction of 29 % compared to baseline, should be set for 2035 and, for 2040, a reduction target of 15 % from 2018, which means a reduction of 37 % compared to baselineEN 13428:200030, waste prevention through material reduction should be a core guiding principle, whereby the substitution of one packaging material for another is not a basis for should be establishedrce reduction.
Amendment 186 #
2022/0396(COD)
Proposal for a regulation
Recital 92
Recital 92
Amendment 187 #
2022/0396(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) In order to safeguard the functioning of the internal market, it is necessary to ensure that packaging from third countries entering the Union market comply with this Regulation, whether imported as self-standing packaging or in a packaged product. In particular, it is necessary to ensure that appropriate conformity assessment procedures have been carried out by manufacturers with regard to that packaging. Importers should therefore ensure that the packaging they place on the market comply with those requirements and that documentation drawn up by manufacturers are available for inspection by the competent national authorities. To comply with these obligations, adequate support should be provided to non-professional importers, especially to micro and SMEs.
Amendment 192 #
2022/0396(COD)
Proposal for a regulation
Recital 103
Recital 103
(103) Deposit and return systems should be obligatory for single use plastic beverage bottles and metal beverage containers. Member States might also decide to include other packaging in these systems, in particular single use glass bottles, and should ensure that deposit and return systems for single-use packaging formats, in particular for single use glass beverage bottles, are equally available for reusable packaging, where technically and economically feasible. They should consider establishing deposit and return systems also for reusable packaging. In such situations, a Member State should be allowed, while observing the general rules laid down in the Treaty and complying with the provisions set out in this Regulation, adopt provisions which go beyond the minimum requirements set out in this Regulation.
Amendment 196 #
2022/0396(COD)
Proposal for a regulation
Recital 104
Recital 104
(104) Given the nature of the products and the differences in their production and distribution systems, deposit and return systems should however not be obligatory for packaging for wine, aromatised wine products, spirit drinks and milk and milk products listed in Part XVI of Annex I of the Regulation (EU) No 1308/2013 of the European Parliament and of the Council67 . Member States may establish deposit and return systems covering also other packaging. _________________ 67 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).
Amendment 198 #
2022/0396(COD)
Proposal for a regulation
Recital 108
Recital 108
(108) As a specific packaging waste generation prevention measure, Member States should actively encourage the re-use and refill solutions, unless a life cycle assessment shows, that a recyclable single-use packaging is the better alternative. They should support the establishment of systems for re-use and refill and monitor their functioning and compliance with the hygiene standards. Member States are encouraged to take also other measures, such as setting up deposit and return systems covering reusable packaging formats, using economic incentives or establishing requirements for final distributors to make available a certain percentage of other products than those covered by re-use and refill targets in reusable packaging or through refill provided that such requirements will not result in fragmentation of single market and creation of trade barriers.
Amendment 207 #
2022/0396(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to all packaging, with the exception of packaging approved for the transport of dangerous goods regardless of the material used, and to all packaging waste, whether such waste is used in or originates from industry, other manufacturing, retail or distribution, offices, services or households.
Amendment 209 #
2022/0396(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation applies without prejudice to Union regulatory requirements for packaging such as those regarding safety, quality, the protection of health and the hygiene of the packed products, or to transport requirements, as well as without prejudice to the provisions of the Directive 2008/98/EC as regards the management of hazardous waste and the requirements provided for in paragraph 2 of Article 4 of Directive 2008/98/EC.
Amendment 215 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point g
Article 3 – paragraph 1 – point 1 – point g
(g) coffee or tea systemprotective beverage single-serve unit necessary to contain a coffee or tea product and intended to be used and disposed of together with the product;
Amendment 220 #
2022/0396(COD)
Proposal for a regulation
Recital 104
Recital 104
(104) Given the nature of the products and the differences in their production and distribution systems, deposit and return systems should however not be obligatory for packaging for wine, aromatised wine products, spirit drinks and milk and milk products listed in Part XVI of Annex I of the Regulation (EU) No 1308/2013 of the European Parliament and of the Council67 . Member States may establish deposit and return systems covering also other packaging. __________________ 67 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).
Amendment 228 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 30
Article 3 – paragraph 1 – point 30
(30) ‘HORECA sector’ means Accommodation and Food Service Activities according to NACE Rev. 2 – Statistical classification of economic activities79 and does not include in-flight catering services; _________________ 79 NACE Rev. 2 - Statistical classification of economic activities - Products Manuals and Guidelines - Eurostat (europa.eu); Accommodation and food service statistics - NACE Rev. 2 - Statistics Explained (europa.eu)
Amendment 229 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 31
Article 3 – paragraph 1 – point 31
(31) ‘design for recycling’ means design of packaging, including individual components of packaging, in order to ensure its recyclability as a first orientation with state-of-the-art collection, sorting and recycling processes;
Amendment 243 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 19
Article 3 – paragraph 1 – point 19
(19) ‘composite packaging’ means a unit of packaging made of two or more different materials, excluding materials used for labels, closures and sealing and lacquers, which cannot be separated manually and therefore form a single integral unit;
Amendment 249 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 39 a (new)
Article 3 – paragraph 1 – point 39 a (new)
(39a) "Recycled content in plastic packaging" refers to the quantity of material contained in the plastic packaging derived through any recycling process or pre- and post-consumer waste, whether mechanically, physically, or chemically recycled.
Amendment 262 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 60 a (new)
Article 3 – paragraph 1 – point 60 a (new)
(60a) ‘plastic packaging’ means a packaging that is wholly or predominantly made of plastic.
Amendment 271 #
2022/0396(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 276 #
2022/0396(COD)
Proposal for a regulation
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6a. Medicinal products, as defined in Article 1, point (2) of Directive 2001/83/EC, that have been lawfully placed on the market before the date of application referred to in Article 65 of this Regulation or the date of entry into force of specific measures, and that have not been repackaged or relabelled after these dates, may be further made available on the market until their expiry date without being required to comply with the specific rules laid down in Articles 6, 7, 11 and 13.
Amendment 277 #
2022/0396(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Packaging shall be so manufactured that the presence and concentration of substances of concernthat meet the criteria in Article 57 and identified in accordance with Article 59(1) in a concentration above 0,1% weight by weight (w/w) as laid down the Regulation (EC) No 1907/2006 as constituents of the packaging material or of any of the packaging components is minimised, including with regard to their presence in emissions and any outcomes of waste management, such as secondary raw materials, ashes or other material for final disposal.
Amendment 278 #
2022/0396(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. WOher than the substances criteria laid down in Article 5(1) and without prejudice to the restrictions on chemicals set out in Annex XVII of Regulation (EC) No 1907/2006 or, where applicable, to the restrictions and specific measures on food contact packaging in Regulation (EC) No 1935/2004, the sum of concentration levels of lead, cadmium, mercury and hexavalent chromium resulting from substances present in packaging or packaging components shall not exceed 100 mg/kg.
Amendment 282 #
2022/0396(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Recyclability requirements established in delegated acts adopted pursuant to Article 6(5)by CEN - European Committee for Standardization shall not restrict the presence of substances in packaging or packaging components for reasons relating primarily to chemical safety. They shall address, as appropriate, substances of concern that negatively affect the re-use and recycling of materials in the packaging in which they are present, and shall, as appropriate, identify the specific substances concerned and their associated criteria and limitations.
Amendment 287 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. All packaging shall be recyclable in accordance with paragraph 2 of this article.
Amendment 300 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Point (a) shall apply from 1 January 2030 and point (b), (c), (d) and (e) shall apply from 1 January 2035.
Amendment 309 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 58 to supplement this Regulation in ordershall request the CEN- European Committee for Standardisation, to develop harmonised standards to establish design for recycling criteria and recycling performance grades based on the criteria and parameters listed in Table 2 of Annex II for packaging categories listed in Table 1 of that Annex, as well as rules concerning the modulation of financial contributions to be paid by producers to comply with their extended producer responsibility obligations set out in Article 40(1), based on the packaging recycling performance grade, and for plastic packaging, the percentage of recycled content. Design-for-recycling criteria shall consider state of the art collection, sorting and recycling processes and shall cover all packaging componentst latest by 1 July 2026.
Amendment 316 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 a (new)
Article 6 – paragraph 4 – subparagraph 1 a (new)
The Commission shall adopt delegated acts in accordance with Article 58 by 1 July 2026 to supplement rules concerning the modulation of financial contributions to be paid by producers to comply with their extended producer responsibility obligations set out in Article 40(1), based on the packaging recycling performance grade, and for plastic packaging, the percentage of recycled content. Design- for-recycling criteria shall consider state of the art collection, sorting and recycling processes and shall cover all packaging components.
Amendment 321 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
The Commission is empowered to adopt delegated acts, in close cooperation with stakeholders, in accordance with Article 58 to amend Table 1 of Annex II in order to adapt it to scientific and technical development in material and product design, collection, sorting and recycling infrastructure.
Amendment 322 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
From either 1 January 2030, or 36 months after the publication in the Official Journal of the European Union of the harmonised standard developed by CEN referred to in paragraph 4, packaging shall not be considered recyclable if it corresponds to performance grade E under the design for recycling criteria established in the delegated act adopted pursuant to paragraph 4 for the packaging category, to which the packaging belongs.
Amendment 329 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 6 – introductory part
Article 6 – paragraph 6 – introductory part
6. TBy January 2030, the Commission shall, for each packaging type listed in Table 1 of Annex II, establish the methodology to assess if packaging is recyclable at scale. That methodology shall be based at least on the following elements:
Amendment 340 #
2022/0396(COD)
Where use is made of this derogation, innovative packaging shall be accompanied by technical documentation, referred to in Annex VII, demonstrating its innovative nature and showing compliance with the definition in Article 3(347) of this Regulation.
Amendment 347 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 11
Article 6 – paragraph 11
11. The financial contributions to be paid by producers to comply with their extended producer responsibility obligations as referred to in Article 40 shall be modulated on the basis of the recyclability performance grade, as determined in accordance with the delegated acts and CEN Standards referred to in paragraphs 4 and 6 of this Article and, as regards plastic packaging, also in accordance with the Article 7(6).
Amendment 352 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 428 months after the entry into force of this Regulation], packaging shall be marked with a label containing information on its material composition. This obligation does not apply to packaging covered by a deposit or return system and transport packaging. However, it applies to e- commerce packaging.
Amendment 361 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Packaging subject to deposit and return systems referred to in Article 44(1) shall, in addiand set up after the entry into force of this Regulation shall, by derogation to the labelling referred to in the first subparagraph, be marked with a nationally harmonised label established in the relevant implementing act adopted pursuant to paragraph 5.
Amendment 365 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) 35 % for plastic packaging other than those referred to in points (a), (b) and (c).
Amendment 372 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. From [OP: Please insert the date = 48 months after the date of entry into force of this Regulation], reusable packaging shall bear a label on packaging reusability andor a QR code or other type of digital data carrier that provides further information on packaging reusability including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotations. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale.
Amendment 373 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. From 1 January 2040, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit offormat packaging, per plant, per year:
Amendment 379 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
Amendment 385 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point d a (new)
Article 7 – paragraph 3 – point d a (new)
(da) varnishes with food contact in cans;
Amendment 386 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point d b (new)
Article 7 – paragraph 3 – point d b (new)
(db) packaging of which the plastic with food contact represents less than 5% to a maximum of 3 g in weight
Amendment 394 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 2
Article 11 – paragraph 4 – subparagraph 2
Where Union legislation requires information on the packaged product to be provided via a data carrier, a single data carrier shallmay be used for providing the information required for both the packaged product and the packaging.
Amendment 424 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By [OP: please insert the date = 24 months from the entry into force of this Regulation], packaging referred to in Article 3(1), points (f) and (g), sticky labels attached to fruit and vegetables and very lightweight plastic carrier bags shall be compostable in industrially controlled conditions in bio-waste treatment facilities and be in line with the EN 13432 standard “Packaging - Requirements for packaging recoverable through composting and biodegradation - Test scheme and evaluation criteria for the final acceptance of packaging”.
Amendment 427 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 8 a (new)
Article 11 – paragraph 8 a (new)
8a. Packaging put on the market before the dates mentioned in paragraphs 1, 2, 5 and 6 may be marketed until their end of life.
Amendment 428 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 431 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 432 #
2022/0396(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. PBy January 2030, packaging shall be designed so that its weight and volume is reduced to the minimum necessary for ensuring its functionalitys, as listed in the definition of packaging in Article 3(1), taking account of the material that the packaging is made of and its design, for a given material and a given shape.
Amendment 439 #
2022/0396(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. PBy January 2030, packaging not necessary to comply with any of the performance criteria set out in Annex IV and packaging with characteristics that are only aimed to increase the perceived volume of the product, including double walls, false bottoms, and unnecessary layers, shall not be placed on the market, unless the packaging design is subject to geographical indications of originshall not be placed on the market, unless the product or packaging design is subject to intellectual property protection or benefits from the Union’s geographical indications of origin protection or have been given distinctive product recognition by the Union, in each case protected under Union legislation.
Amendment 440 #
2022/0396(COD)
2a. Micro-companies as defined in Art. 22(3), are exempt from the obligations of this paragraph.
Amendment 442 #
2022/0396(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
For the purpose of assessing the compliance with this paragraph, space filled by paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, polystyrene, styrofoam chips or other filling materials shall be considered as empty space unless required to protect and to transport the goods.
Amendment 447 #
2022/0396(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2 a (new)
Article 9 – paragraph 4 – subparagraph 2 a (new)
Micro-companies as defined in Art. 22(3), are exempt from the obligations of this paragraph.
Amendment 454 #
2022/0396(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Micro-companies as defined in Art. 22(3), are exempt from the obligations of this paragraph.
Amendment 459 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 428 months after the entry into force of this Regulation], packaging shall be marked with a label containing information on its material composition. This obligation does not apply to packaging covered by a deposit or return system transport packaging. However, it applies to e- commerce packaging.
Amendment 463 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 428 months after the entry into force of this Regulation], packaging shall be marked with a label containing information on its material composition. This obligation does not apply to transport packaging. However, it applies to e-commerce packaging.
Amendment 470 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Packaging subject to deposit and return systems referred to in Article 44(1) shall, in addition to the labelling referred to in the first subparagraph, be marked with a harmonised label established in the relevant implementing act adopted pursuant to paragraph 5.
Amendment 472 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Packaging subject to deposit and return systems referred to in Article 44(1) shall, in addiand set up after the entry into force of this Regulation shall, by derogation to the labelling referred to in the first subparagraph, be marked with a nationally harmonised label established in the relevant implementing act adopted pursuant to paragraph 5.
Amendment 476 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. From [OP: Please insert the date = 48 months after the date of entry into force of this Regulation], reusable packaging shall bear a label on packaging reusability andor a QR code or other type of digital data carrier that provides further information on packaging reusability including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotations. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale.
Amendment 483 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 a (new)
Article 11 – paragraph 4 – subparagraph 1 a (new)
Micro-companies as defined in Art. 22(3), are exempt from the obligations of this paragraph.
Amendment 487 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. Without prejudice to requirements concerning other harmonised EU labels, Member states shall not require economic operators shall noto provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse consumers or other end users with respect to the sustainability requirements for packaging, other packaging characteristics or packaging waste management options, for which harmonised labelling has been laid down in this Regulation. From [Please insert the date = 24 months after the entry into force of this Regulation] the Commission shall adopt guidance regarding aspects that are likely to mislead or confuse consumers or other end users.
Amendment 491 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
8. Packaging included in an extended producer responsibility scheme or covered by a deposit and return system other than that referred to in Article 44(1) mayshall be identified by means of a corresponding symbol throughout the territory in which that scheme or system applies. That symbol shall be clear and unambiguous and shall not mislead consumers or users as to the recyclability or reusability of the packagingharmonized symbol to be designed via an implementing act by the Commission in accordance with the examination procedure referred to in Article 59(3).
Amendment 492 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 8 a (new)
Article 11 – paragraph 8 a (new)
8a. Packaging which is put on the market before the date mentioned in paragraph 1 and 2 may be marketed until the end of its life.
Amendment 494 #
2022/0396(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article12a Packaging Forum The Commission shall establish an expert group, in which all Member States' representatives and all interested parties involved with the packaging industry shall meet, referred to as the ‘Packaging Forum’. This expert group shall contribute in particular to preparing the delegated and implementing acts provided for in this Regulation to develop and further detail the sustainability requirements and examining the effectiveness of the established market surveillance mechanisms.
Amendment 497 #
2022/0396(COD)
Proposal for a regulation
Article 13 – paragraph 9 a (new)
Article 13 – paragraph 9 a (new)
9a. Micro-companies as defined in Art. 22(3), are exempt from the obligations of the paragraphs 1 - 9 of Article 13.
Amendment 499 #
2022/0396(COD)
Proposal for a regulation
Article 16 – paragraph 10 a (new)
Article 16 – paragraph 10 a (new)
Amendment 500 #
2022/0396(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point c a (new)
Article 17 – paragraph 2 – point c a (new)
(ca) Micro-companies as defined in Art. 22(3), are exempt from the obligations of this paragraph.
Amendment 501 #
2022/0396(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. EBy January 2030, economic operators who supply products to a final distributor or an end user in grouped packaging, transport packaging or e- commerce packaging, shall ensure that the empty space ratio is maximum 40 %inimised, under the restrictions outlined in Part I of Annex IV. The packaging minimisation shall take into careful consideration the protection of the goods and its transport.
Amendment 506 #
2022/0396(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
Amendment 508 #
2022/0396(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – point a
Article 21 – paragraph 2 – subparagraph 1 – point a
Amendment 509 #
2022/0396(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – point b
Article 21 – paragraph 2 – subparagraph 1 – point b
Amendment 512 #
2022/0396(COD)
Proposal for a regulation
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
3a. Economic operators using reusable packaging at the time this regulation enters into force shall be exempted from the obligation laid down in paragraph 1.
Amendment 522 #
2022/0396(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. EAs of January 2030, economic operators shall not place on the market packaging in the formats and for the purposes listed in Annex V, unless the placing on the market is in line with Article 4 of Directive 2008/98/EC.
Amendment 526 #
2022/0396(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 534 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
Amendment 535 #
2022/0396(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Member States may exempt economic operators from point 3 of Annex V if they comply withEconomic operators shall be exempted if they meet the definition of micro-company in accordance wienterprise according to the rules set out in the Commission Recommendation 2003/361, as applicable on [OP: Please insert the date = the date of entry into force of this Regulation], and. In addition, Member States shall grant an exemption where it is not technically feasible not to use packaging or to obtain access to the infrastructure that is necessary for the functioning of a reuse system or when duly justified by concerns related to public health, food hygiene and food safety, product integrity or environmental issues.
Amendment 541 #
2022/0396(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 547 #
2022/0396(COD)
Amendment 557 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 563 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 14 – point b
Article 26 – paragraph 14 – point b
(b) complied with the definition of micro- and small company in accordance with rules set out in the Commission Recommendation 2003/361, as applicable on [OP: Please insert the date = the date of entry into force of this Regulation].
Amendment 571 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 592 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 597 #
2022/0396(COD)
Proposal for a regulation
Article 44 – paragraph 2 – point a
Article 44 – paragraph 2 – point a
Amendment 610 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 621 #
2022/0396(COD)
Amendment 621 #
2022/0396(COD)
Proposal for a regulation
Annex II – subheading 2
Annex II – subheading 2
Table 2: Recyclability performance grades GRADE A: the score of compliance with design for recycling criteria of a unit of packaging is higher or equal to 95% in terms of weight of the unit of packaging. This packaging should be able to be recycled multiple times and is fully compatible with the design for recycling criteria. The generated secondary raw material is of comparable quality to feed a closed material loop scheme. GRADE B: the score of compliance with design for recycling criteria of a unit of packaging is higher or equal to 90% in terms of weight of the unit of packaging. The packaging may have some minor recyclability issues that slightly affect the quality of the generated secondary raw material. However, the majority of the generated secondary raw material from this packaging can still potentially feed a closed material loop. GRADE C: the score of compliance with design for recycling criteria of a unit of packaging is higher or equal to 80% in terms of weight of the unit of packaging. The packaging presents some recyclability issues that may affect the quality of the generated secondary raw materials and may lead to material losses during recycling. GRADE D: the score of compliance with design for recycling criteria of a unit of packaging is higher or equal to 70% in terms of weight of the unit of packaging. The packaging has significant design issues that highly affect its recyclability or imply large material losses during recycling. GRADE E: the score of compliance with design for recycling criteria of a unit of packaging is lower than 70% in terms of weight of the unit of packaging. The package is not recyclable because of design issues.
Amendment 634 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 7 – introductory part
Article 26 – paragraph 7 – introductory part
7. Economic operators using transport packaging in the form of pallets, plastic crates, foldable plastic boxes, pails and drums with no food contact for the conveyance or packaging of products in conditions other than provided for under paragraphs 12 and 13 shall ensure that:
Amendment 643 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 7 – point b
Article 26 – paragraph 7 – point b
Amendment 651 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 8 – point b
Article 26 – paragraph 8 – point b
Amendment 663 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 9 – point b
Article 26 – paragraph 9 – point b
Amendment 668 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 10 – introductory part
Article 26 – paragraph 10 – introductory part
10. Economic operators using grouped packaging in the form of boxes, excluding cardboard, used outside of sales packaging to group a certain number of products to create a stock-keeping or distribution unit shall ensure that:
Amendment 675 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 10 – point b
Article 26 – paragraph 10 – point b
Amendment 689 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 2
Article 26 – paragraph 12 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, trays, plastic crates, intermediate bulk containers, drums and canisters, of all sizes and materials, excluding cardboard and including flexible formats. In accordance with paragraph 2 of Article 4 of Directive 2008/98/EC, this obligation shall not apply to economic operators using transport packaging in (a) and (b) for which recycling is organized by the economic operator and it can be demonstrated that recycling works at scale in practice.
Amendment 704 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 2
Article 26 – paragraph 13 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, plastic crates intermediate bulk containers, and drums, of all sizes and materials, excluding cardboard including flexible formats. In accordance with paragraph 2 of Article 4 of Directive 2008/98/EC, this obligation shall not apply to economic operators using transport packaging in (a) and (b) for which recycling is organized by the economic operator and it can be demonstrated that recycling works at scale in practice.
Amendment 718 #
2022/0396(COD)
(b) complied with the definition of small- or micro-company in accordance with rules set out in the Commission Recommendation 2003/361, as applicable on [OP: Please insert the date = the date of entry into force of this Regulation].
Amendment 724 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 15
Article 26 – paragraph 15
15. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 2 to 6 if, during a calendar year, they have a sales area of not more than 1200 m2, including also all storage and dispatch areas and if it is not technically feasible to use reusable packaging or to obtain access to the infrastructure necessary for the functioning of a re-use system.
Amendment 731 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 15 a (new)
Article 26 – paragraph 15 a (new)
15a. Economic operators shall be exempted from the obligation to meet the targets in this article when duly justified by concerns related to public health, food hygiene and safety, product integrity or environmental issues.
Amendment 734 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 15 b (new)
Article 26 – paragraph 15 b (new)
15b. Economic operators shall be exempted from the obligation to meet the targets in this article if, in accordance with paragraph 2 of Article 4 of Directive 2008/98/EC, they can show that alternative packaging formats deliver a better overall environmental outcome justified by life-cycle thinking, as well as a better overall economic and human health impact.
Amendment 736 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 15 c (new)
Article 26 – paragraph 15 c (new)
15c. Economic operators shall be exempted from the obligation to meet the targets in this article for specific packaging formats if the Member State in which they operate has already attained the recycling target of the respective packaging material
Amendment 738 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 16 – point a
Article 26 – paragraph 16 – point a
Amendment 745 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 16 – point c
Article 26 – paragraph 16 – point c
Amendment 750 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 17
Article 26 – paragraph 17
17. By [OP: Please insert the date = 8 years after the date of entry into force of this Regulation], the Commission shall review the situation regarding reuse of packagingassess the impact of the packaging reuse targets and, on this basis, assess the appropriateness of establishingneed for new measures, reviewing the targets laid down in this Article, and setting new targets for the reuse and refill of packaging, and where necessary present. When assessing the impact of the packaging reuse targets, the Commission shall at least evaluate the following: Packaging waste reduction obtained by the reuse 2030 targets; CO2 emission reduction; Food waste reduction; Reduction of the volumes of virgin raw material used; The average accomplishment of the necessary rotations of reusable packaging; Water and energy use; Water contamination; Use of detergents and disinfectants; Where necessary, following the assessment of the above indicators, it shall propose new targets for the reuse and refill of packaging in the form of a legislative proposal.
Amendment 771 #
Amendment 772 #
Amendment 773 #
Amendment 776 #
2022/0396(COD)
Proposal for a regulation
Article 38 – paragraph 5
Article 38 – paragraph 5
Amendment 777 #
2022/0396(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Producers shall be obliged to register in the register referred to in paragraph 1. They shall, to that end, submit an application for registration in each Member State where they make packaging available on the market for the first time. Micro-companies as defined in Art. 22(3), are exempt from the obligations of this paragraph. Where a producer has appointed a producer responsibility organisation as referred to in Article 41(1), the obligations set out in this Article shall be met by that organisation, unless otherwise specified by the Member State in which the register is established.
Amendment 778 #
2022/0396(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. PA producer responsibility organisation for packaging that is generated as municipal waste according to Article 3(2b) Directive 2008/98/EC and that is not covered by a deposit and return system according to Article 44 shall be entrust by the producers. For other packaging waste producers may entrust a producer responsibility organisation authorised in accordance with Article 42 to carry out the extended producer responsibility obligations on their behalf. Member States may adopt measures to make the entrustment of a producer responsibility organisation mandatory.
Amendment 789 #
2022/0396(COD)
Proposal for a regulation
Article 43 – paragraph 3 a (new)
Article 43 – paragraph 3 a (new)
3a. By 1 January 2029, the final distributor making available on the market food and beverages filled and consumed within the premises in the HORECA sector shall ensure that separate collection systems are set up for the different fractions of packaging waste materials, to help the consumer sort packaging waste. The European Commission and the Member States shall develop guidelines and financial support to ensure and incentivise the installation of separate collection systems by final distributors.
Amendment 792 #
2022/0396(COD)
Proposal for a regulation
Article 43 – paragraph 3 b (new)
Article 43 – paragraph 3 b (new)
3b. By 1 January 2029, Member States shall ensure that, in public spaces, separate collection systems are set up for the different fractions of packaging waste materials used in sales packaging in the market of food and beverages filled and consumed for take-away, to help the consumer sort packaging waste.
Amendment 796 #
2022/0396(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point a
Article 44 – paragraph 1 – point a
(a) single use plastic beverage bottles with the capacity of 0,1 litre up to three litres; and
Amendment 799 #
2022/0396(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point b
Article 44 – paragraph 1 – point b
(b) single use metal beverage containers with a capacity of 0,1 litre up to three litres.
Amendment 800 #
2022/0396(COD)
Proposal for a regulation
Article 44 – paragraph 2 – point a
Article 44 – paragraph 2 – point a
Amendment 804 #
2022/0396(COD)
Proposal for a regulation
Article 44 – paragraph 9 a (new)
Article 44 – paragraph 9 a (new)
9a. Paragraph 9 does not apply for those deposit and return schemes that are already in operation when this Ordinance enters into force.
Amendment 805 #
2022/0396(COD)
Proposal for a regulation
Article 44 – paragraph 9 b (new)
Article 44 – paragraph 9 b (new)
9b. To fulfil the obligations related to paragraphs 1, 5, 6 and 8, the Commission and the Member States shall provide support tools and funding for economic operators, in particular SMEs.
Amendment 807 #
2022/0396(COD)
Proposal for a regulation
Article 45 – paragraph 2 – point b
Article 45 – paragraph 2 – point b
Amendment 810 #
2022/0396(COD)
Proposal for a regulation
Article 45 – paragraph 2 – point c
Article 45 – paragraph 2 – point c
Amendment 814 #
2022/0396(COD)
Proposal for a regulation
Article 49 – paragraph 3 a (new)
Article 49 – paragraph 3 a (new)
3a. Micro-companies as defined in Art. 22(3), are exempt from the obligations of the paragraph Art. 49(1-3).
Amendment 827 #
2022/0396(COD)
Proposal for a regulation
Annex III – paragraph 1 – point c
Annex III – paragraph 1 – point c
(c) it is of biodegradable nature allowing the packaging to undergo physical, chemical, thermal or biological decomposition, including anaerobic digestion, resulting ultimately in conversion into carbon dioxide or methane, in the absence of oxygen, mineral salts, biomass and water,.
Amendment 828 #
2022/0396(COD)
Proposal for a regulation
Annex III – paragraph 1 – point e
Annex III – paragraph 1 – point e
(e) its use significantly reduces the contamination of compost with non- compostable packaging; and does not cause any problems in biowaste processing; and
Amendment 840 #
2022/0396(COD)
Proposal for a regulation
Annex V – table – row 1 RESTRICTIONS ON USE OF PACKAGING FORMATS
Annex V – table – row 1 RESTRICTIONS ON USE OF PACKAGING FORMATS
Packaging Illustrative Restricted use format example PNon-recycled plastic packaging used at retail level to Collation group goods sold in cans, tins, pots, tubs, films, shrink Single-use Non recycled Single use non retail level to group goods sold in cans, tins, collation recycled pots, tubs, and packets designed as convenience wrap 1.films, shrink 1. plastic grouped convenience packaging to enable or encourage end users wrap packaging encourage end users to purchase more than one product. This excludes grouped excludes grouped packaging necessary to facilitate handling in facilitate handling in distribution.
Amendment 850 #
2022/0396(COD)
Proposal for a regulation
Annex X – paragraph 2 – point d
Annex X – paragraph 2 – point d
(d) a minimumthe deposit level is established, which is sufficientabel and the structure and value of the deposit(s) is established by the CDMO, in a way to achieve the required collection rates;
Amendment 854 #
2022/0396(COD)
Proposal for a regulation
Annex X – paragraph 2 – point j
Annex X – paragraph 2 – point j
(j) at least 1%part of the annual turnover of the system operator (excluding deposits) are used for public awareness campaigns on the information on management of packaging waste covered by the DRS;
Amendment 856 #
2022/0396(COD)
Proposal for a regulation
Annex X – paragraph 2 – point o
Annex X – paragraph 2 – point o
(o) all deposit bearing packaging that is to be collected by the DRS is clearly labelled, so that the end users can easily identify the need to return such packaging;
Amendment 857 #
2022/0396(COD)
Proposal for a regulation
Annex X – paragraph 2 – point q a (new)
Annex X – paragraph 2 – point q a (new)
(qa) beverage producers financing the DRS have a priority access to the food- grade recycled feedstock corresponding to the amount of packaging material they put on the market and that was collected via the system. Such material shall be used in priority in applications where the distinct quality of the recycled material is preserved or recovered so it allows further recyclability and can be re-used in the same way and for the same product category it came from, with minimal loss of quantity, quality or function. Such access is granted on the basis of the data generated by the CDMO in the course of the registration process.
Amendment 859 #
2022/0396(COD)
Proposal for a regulation
Annex X – paragraph 4
Annex X – paragraph 4
Member States with regions with high transboundary business shall ensure that the functioning of the DRS allows for the inter-operability of DRS andshall ensure that the implementation of the minimum requirements and of any additional requirements does not result in discrimination of business and consumers and market distortions.
Amendment 34 #
2022/0379(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) It is necessary to strengthen the development of cross-border interoperability of network and information systems which are used to provide or manage public services in the Union, to allow public administrations in the Union to cooperate and make public services function across borders. The existing informal cooperation should be replaced with a clear legal framework to enable interoperability across different administrative levels and sectors and to ensure seamless cross-border data flows for truly European digital services. Public sector interoperability has an important impact on the right to free movement of goods and, services, capital and citizens laid down in the Treaties, as burdensome administrative procedures can create significant obstacles, especially for small and medium-sized enterprises (‘SMEs’).
Amendment 38 #
2022/0379(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Member States and the Union have been working for more than two decades to support the modernisation of administrations through digital transformation and foster the deep interconnections needed for a truly European digital space. The use of electronic data should be considered as an important strategic activity and policy to improve the public sector connection. The communication from the Commission ‘2030 Digital Compass: the European way for the Digital Decade’ (COM(2021) 118) underlines the need to speed up the digitalisation of public services by 2030, including by ensuring interoperability across all levels of government and across public services. Furthermore, the COVID- 19 pandemic increased the speed of digitalisation, pushing public administrations to adapt to the online paradigm, including for cross-border digital public services, as well as for the smarter and greener use of technologies in accordance with the climate and energy targets set in the European Green Deal and the Regulation (EU) 2021/1119 of the European Parliament and of the Council36. This Regulation aims to significantly contribute to these Union goals by creating a structured cooperation framework on cross-border interoperability amongst Member States and the Commission to support the setup of digital public services, helping to reduce cost and time for citizens, businesses and for the public sector itself. _________________ 36 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).
Amendment 41 #
2022/0379(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The new governance structure should havallow local and regional authorities to have a fair say concerning the pace and degree of implementation in line with the principle of subsidiarity. This would give the governance structure a legal mandate to drive the further development of the European Interoperability Framework and other common interoperability solutions, such as specifications and applications. Local and regional authorities should not be expected to go beyond their means in terms of available funding because of tasks concerning interoperability implementation. Furthermore, this Regulation should establish a clear and easily recognisable label for some interoperability solutions. The creation of a vibrant community around open government technology solutions should be fostered.
Amendment 44 #
2022/0379(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) In order to make the process sufficiently democratic and bottom up, citizens, business and SMEs of European Member States should have a say concerning priorities of interoperability solutions. To this end, in line with the objective of the Interoperable Europe Act, local and regional authorities may conduct direct consultations with citizens, business and SMEs once every two years, in order to survey which interoperability solutions citizens deem to be of priority. The European Commission shall allocate appropriate financial support for local and regional authorities to conduct such dialogues with their citizens. Local and regional authorities shall share the results of the consultations with the Interoperable Europe Board and the Interoperable Europe community.
Amendment 53 #
2022/0379(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Cross-border interoperability is not solely enabled via centralised Member State digital infrastructures, but also through a decentralised approach. This entails data exchange between local administrations in different Member States without necessarily going through national nodes. Therefore, it is necessary to develop common solutions across all administrative levels, particularly for specifications and applications. Needs for cross-border digital interactions are increasing, which requires solutions that can fulfil these needs. With this Regulation, the intention is to facilitate and encourage the exchange between all levels of administration and to contribute to government efficiency, and reduce administrative burdens and costs for citizens and businesses.
Amendment 55 #
2022/0379(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Cross-border interoperability is not solely enabled via centralised Member State digital infrastructures, but also through a decentralised approach. This entails a strong connection of trust between public administrations and a constant data exchange between local administrations in different Member States without necessarily going through national nodes. Therefore, it is necessary to develop common solutions across all administrative levels, particularly for specifications and applications. Needs for cross-border digital interactions are increasing, which requires solutions that can fulfil these needs. With this Regulation, the intention is to facilitate and encourage the exchange between all levels of administration.
Amendment 59 #
2022/0379(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Interoperability facilitates successful implementation of policies, in particular those with a strong public sector connection, such as justice and home affairs, taxation and customs, transport and energy, health, agriculture, employment, as well as in business and industry regulation. However, a single sector interoperability perspective is associated with the risk that the adoption of different or incompatible solutions at national or sectoral levels will give rise to new electronic barriers that impede the proper functioning of the internal market and the associated freedoms of movement. Furthermore, it risks undermining the openness and competitiveness of markets and the delivery of services of general interest to businesses and citizens. Therefore, this Regulation should also facilitate, encourage and apply to cross- sector interoperability.
Amendment 63 #
2022/0379(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) To set up cross-border interoperable public services, it is important to focus on the interoperability aspect as early as possible in the policymaking process. Therefore, the public organisation that intends to set up a new or to modify an existing network and information system that is likely result in high impacts on the cross-border interoperability, should carry out an interoperability assessment. This assessment is necessary to understand the magnitude of impact of the planned action and to propose measures to reap up the benefits and address potential costs. The interoperability assessment should be mandatory in three cases, which are in scope for cross-border interoperability. In In order to ensure the smooth implementation of the interoperability assessment, the Interoperable Europe Board should publish specific guidelines on which services are covered by the directive. The interoperability assessment should be mandatory in three cases, which are in scope for cross-border interoperability. In cases where an interoperability assessment is mandatory, the Commission shall ensure that the resources for the additional costs incurred are made available to local and regional authorities. In other situations, the public organisations may decide to carry out the interoperability assessment on a voluntary basis.
Amendment 77 #
2022/0379(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) At the moment, the Union’s public services delivered or managed electronically depend in many cases on non-Union providers. It is in the Union’s strategic interest to ensure that it retains and develops essential technological capacities to secure its Digital Single Market, and in particular to ensure service delivery, protect critical network and information systems, and to provide key services. The Interoperable Europe support measures should help public administrations to evolve and be capable of incorporating new challenges and new areas in cross-border contexts. Interoperability between data processing services is a condition for avoiding technological lock-in, saving development cost, enabling technical developments, and fostering innovation, which should boost the global competitiveness of the Union. It is also necessary to facilitate the in- parallel use of multiple data processing services with complementary functionalities. This is important, inter alia, for the successful deployment of ‘multi-cloud’ strategies, which allow customers to implement future-proof IT strategies and which decrease dependence on individual providers of data processing services.
Amendment 79 #
2022/0379(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) All levels of government should cooperate with innovative organisations, be it companies or non-profit entities, in design, development and operation of public services. Supporting GovTech cooperation between public sector bodies, Universities and start-ups and innovative SMEs, or cooperation mainly involving civil society organisations (‘CivicTech’), is an effective means of supporting public sector innovation and promoting use of interoperability tools across private and public sector partners. Supporting an open GovTech ecosystem in the Union that brings together public and private actors across borders and involves different levels of government should allow to develop innovative initiatives aimed at the design and deployment of GovTech interoperability solutions.
Amendment 83 #
2022/0379(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) It is necessary to enhance a good understanding of interoperability issues, especially among public sector employees. Continuous training is key in this respect and cooperation and coordination on the topic should be encouraged. Beyond trainings on Interoperable Europe solutions, all initiatives should, where appropriate, build on, or be accompanied by, the sharing of experience and solutions and the exchange and promotion of best practices. Moreover, in order to have high skilled specialists in this field, the Commission shall ensure the financial support through measures such as: investing in digital education, research and development, through continuous lifelong learing training, supporting digital innovations, providing increased and broader access to easily readable and interoperable high quality industrial and public data, increasing the general availability of digital skills at local and regional level;
Amendment 85 #
2022/0379(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Advancing public sector interoperability needs the active involvement and commitment of experts, practitioners, users and the interested public across Member States, across all levels of government, national, regional and local and involving international partners, Universities and the private sector. In order to tap into their expertise, skills and creativity, a dedicated open forum (the ‘Interoperable Europe Community’) should help channel feedback, user and operational needs, identify areas for further development and help scope priorities for EU interoperability cooperation. The establishment of the Interoperable Europe Community should support the coordination and cooperation between the strategic and operational key players for interoperability.
Amendment 91 #
2022/0379(COD)
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35a) The future Interoperable Europe Agenda should be in line with the principles of the Digital Europe Programme, the central programme for digital in the MFF. It aims to accelerate economic recovery and drive the digital transformation of Europe and it is designed to fill the gap between research and deployment of digital technologies. It will bring the results of research to the market for the benefit of Europe's citizens and businesses, in particular small and medium-sized enterprises SMEs.
Amendment 92 #
2022/0379(COD)
Proposal for a regulation
Recital 35 b (new)
Recital 35 b (new)
(35b) Since the objective of this Regulation is to promote the cross-border interoperability of network and information systems which are used to provide or manage public services in the Union, the Union should strengthen investments in a range of areas, including, supercomputing and data processing capacities, core artificial intelligence (AI) capacities such as data spaces and libraries of AI algorithms, cybersecurity, digital skills, expanding the best use of digital capacity in EU’s society and economy, support to the digitalisation of businesses and public administrations.
Amendment 93 #
2022/0379(COD)
Proposal for a regulation
Recital 35 c (new)
Recital 35 c (new)
Amendment 97 #
2022/0379(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The application of this Regulation should be deferred to threwelve months after the date of its entry into force in order to provide Member States and the institutions, bodies and agencies of the Union with sufficient time to prepare for the application of this Regulation. Such time is necessary to establish the Interoperable Europe Board and the Interoperable Europe Community and for the designation of national competent authorities and interoperability coordinators.
Amendment 100 #
2022/0379(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) ‘cross-border services’ means data exchange between information systems of public sector bodies in different Member States and institutions, bodies, and agencies of the Union across national jurisdictions by means of dedicated functions and procedures across national jurisdictions in support of the provision of public services;
Amendment 101 #
2022/0379(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) ‘key public services’ means a key public service as defined in Article 2, point (8), of Decision (EU) 2022/2481;”
Amendment 102 #
2022/0379(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘interoperability solution’ means a technical specification, including a standard, or another solution, includinga conceptual frameworks, a guidelines, and applications, a platform, portal or software describing legal, organisational, semantic or technical requirements to be fulfilled by a network and information system in order to enhance cross-border interoperability;
Amendment 109 #
2022/0379(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The national competent authorities and the interoperability coordinators shall provide the necessary support to carry out the interoperability assessment. The Commission may provide technical tools to support the assessment. The national competent authorities shall provide support in pre-assessing whether the intended operation falls within the scope of this Regulation.
Amendment 131 #
2022/0379(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point e a (new)
Article 8 – paragraph 1 – point e a (new)
(ea) listing best practices and knowledge sharing of technical, operational, organizational or administrative guidelines supporting interoperability and competitiveness in the context of public procurement, information security, IT integration and data management;
Amendment 132 #
2022/0379(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point g
Article 8 – paragraph 1 – point g
(g) allowing citizens and, businesses and SMEs and the civil society organisations to provide feedback on the published content.
Amendment 134 #
2022/0379(COD)
(ca) financial support opportunities to assist the implementation of interoperability solutions.
Amendment 143 #
2022/0379(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Regulatory sandboxes shall be operated under the responsibility of the participating public sector bodies and, where the sandbox entails the processing of personal data by public sector bodies, under the supervision of other relevant national or sub-national authorities, or where the sandbox entails the processing of personal data by institutions, bodies, and agencies of the Union, under the responsibility of the European Data Protection Supervisor.
Amendment 144 #
2022/0379(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point b
Article 11 – paragraph 3 – point b
(b) facilitate cross-border cooperation between national, regional and local competent authorities and synergies in public service delivery;
Amendment 145 #
2022/0379(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point c
Article 11 – paragraph 3 – point c
(c) facilitate the development of an open European GovTech ecosystem, including cooperation with small and medium enterprises, Universities and start- ups;
Amendment 146 #
2022/0379(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point d
Article 11 – paragraph 3 – point d
(d) enhance authorities’ understanding of the opportunities or barriers to cross- border interoperability of innovative interoperability solutions, including legal or infrastructure barriers;
Amendment 150 #
2022/0379(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The participating public sector bodies shall ensure that, to the extent the innovative interoperability solution involves the processing of personal data or otherwise falls under the supervisory remit of other national or sub-national authorities providing or supporting access to data, the national data protection authorities and those other national or sub- national authorities are associated to the operation of the regulatory sandbox. As appropriate, the participating public sector bodies may allow for the involvement in the regulatory sandbox of other actors within the GovTech ecosystem such as national or European standardisation organisations, notified bodies, research and experimentation labs, innovation hubs, and companies wishing to test innovative interoperability solutions. Cooperation may also be envisaged with third countries establishing mechanisms to support innovative interoperability solutions for the public sector.
Amendment 154 #
2022/0379(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Commission shall organise training courses on interoperability issues at Union level to enhance cooperation and the exchange of best practices between the staff of public sector bodies, institutions, bodies and agencies of the Union. The courses shall be announced on the Interoperable Europe portal. targeted at decision-makers and/or practitioners shall be announced into all official languages of the institutions of the Union on the Interoperable Europe portal and may comprise online information sessions, video tutorials and workshops, train-the- trainers materials and guidelines for on- the-job learning.
Amendment 158 #
2022/0379(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b – point i a (new)
Article 15 – paragraph 2 – point b – point i a (new)
(ia) the European Parliament;
Amendment 162 #
2022/0379(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b – point iii a (new)
Article 15 – paragraph 2 – point b – point iii a (new)
(iiia) the European Cybersecurity Competence Centre and Network;
Amendment 163 #
2022/0379(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b – point iii b (new)
Article 15 – paragraph 2 – point b – point iii b (new)
(iiib) the EU Cybersecurity Agency (ENISA).
Amendment 169 #
2022/0379(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point b a (new)
Article 15 – paragraph 4 – point b a (new)
(ba) adopt guidelines on sharing the interoperability solutions reffered to in Article 4;
Amendment 175 #
2022/0379(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point p
Article 15 – paragraph 4 – point p
(p) propose measures to collaborate with international bodies and Universities that could contribute to the development of the cross- border interoperability, especially international communities on open source solutions, open standards or specifications and other platforms without legal effects;
Amendment 176 #
2022/0379(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point r
Article 15 – paragraph 4 – point r
(r) inform regularly and coordinate with the interoperability coordinators and the Interoperable Europe Community on matters concerning cross-border interoperability of network and information systems and on relevant EU-funded projects and networks.
Amendment 182 #
2022/0379(COD)
Proposal for a regulation
Article 16 – paragraph 4 – point c a (new)
Article 16 – paragraph 4 – point c a (new)
(ca) support public sector bodies, institutions, agencies or bodies of the Union in carrying out interoperability assessments.
Amendment 185 #
2022/0379(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point f
Article 17 – paragraph 2 – point f
(f) coordinate and encourage the active involvement of a diverse range of national entities, including local and regional authorities, in the Interoperable Europe Community and their participation in policy implementation support projects as referred to in Article 9 and innovation measures referred to in Article 10;
Amendment 187 #
2022/0379(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The Member States shall ensure that the competent authority has adequate competencies and resources to carry out, in an effective and efficient manner, the tasks assigned to it. The Commission shall ensure that competent authorities of Member States receive appropriate funding and technical assistance to support the performance of related tasks.
Amendment 188 #
2022/0379(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) needs for the development of interoperability and infrastructure solutions;
Amendment 192 #
2022/0379(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The Interoperable Europe Agenda shall not constitute financial obligations and further administrative burden. After its adoption, the Commission shall publish the Agenda on the Interoperable Europe portal.
Amendment 200 #
2022/0379(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point c a (new)
Article 21 – paragraph 1 – point c a (new)
(ca) the additional costs incurred by the competent authorities as a result of their work on interoperability.
Amendment 202 #
2022/0379(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
It shall apply from [312 months after the date of entry into force of this Regulation].
Amendment 133 #
2022/0272(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation ensures a high level of cybersecurity of products with digital elements. It does not regulate services, such as Software-as-a-Service (SaaS), except for remote data processing solutions relating to a product with digital elements understood as any data processing at a distance for which the software is designed and developed by or on behalf of the manufacturer of the product concerned or under the responsibility of that manufacturer, and the absence of which would prevent such a product with digital elements from performing one of its essential functions. [Directive XXX/XXXX(EU) 2022/2555 (NIS2)] puts in place cybersecurity and incident reporting requirements for essential and important entities, such as critical infrastructure, with a view to increasing the resilience of the services they provide. [Directive XXX/XXXX(EU) 2022/2555 (NIS2)] applies to cloud computing services and cloud service models, such as SaaS. All entities providing cloud computing services in the Union that meet or exceed the threshold for medium-sized enterprises fall in the scope of that Directive.
Amendment 140 #
2022/0272(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order not to hamper innovation or research, only free and open-source software developed or supplied outsidein the course of a commercial activity should not be covered by this Regulation. This is in particular the case for software, including its source code and modified versions, that is openly shared and freely accessible, usable, modifiable and redistributable. In the context of software, a commercial activity might be characterized not only by charging a price for a product, but also by charging a price for technical support services when this pursues a profit or the intention to monetise, by providing a software platform through which the manufacturer monetises other services, or by the use of personal data for reasons other than exclusively for improving the security, compatibility or interoperability of the software.
Amendment 147 #
2022/0272(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) ENISA should publish and maintain a known exploited vulnerability catalogue that should be included in the European vulnerability database established under Directive 2022/2555 (NIS2). The catalogue should assist manufacturers in detecting known exploitable vulnerabilities and notify vulnerabilities found in their products, in order to ensure that secure products are placed on the market.
Amendment 162 #
2022/0272(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In order to ensure that products with digital elements are secure both at the time of their placing on the market as well as throughout their life-cycle, it is necessary to lay down essential requirements for vulnerability handling and essential cybersecurity requirements relating to the properties of products with digital elements. While manufacturers should comply with all essential requirements related to vulnerability handling and ensure that all their products are delivered without any known exploitable vulnerabilities known to them, they should determine which other essential requirements related to the product properties are relevant for the concerned type of product. For this purpose, manufacturers should undertake an assessment of the cybersecurity risks associated with a product with digital elements to identify relevant risks and relevant essential requirements and in order to appropriately apply suitable harmonised standards or common specifications.
Amendment 170 #
2022/0272(COD)
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35a) Reporting should be as convenient and efficient as possible. For this purpose, ENISA should provide for an online system into which all requested information can be inserted.
Amendment 184 #
2022/0272(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) In the interests of competitiveness, it is crucial that notified bodies apply the conformity assessment procedures without creating unnecessary burden foron economic operators. In order to ensure that notified bodies are able to perform their tasks efficiently, and to minimise possible impediments, the Commission and Member States should ensure that there are skilled professionals in the Union. For the same reason, and to ensure equal treatment of economic operators, consistency in the technical application of the conformity assessment procedures needs to be ensured. That should be best achieved through appropriate coordination and cooperation between notified bodies.
Amendment 185 #
2022/0272(COD)
Proposal for a regulation
Recital 53 a (new)
Recital 53 a (new)
(53a) In order to increase efficiency and transparency, the Commission should within 24 months from the entry into force of this Regulation, ensure that there is a sufficient number of notified bodies in the Union to carry out a conformity assessment, in order to avoid bottlenecks and hindrances to market entry.
Amendment 200 #
2022/0272(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) Economic operators should be provided with a sufficient time to adapt to the requirements of this Regulation. This Regulation should apply [324 months] from its entry into force, with the exception of the reporting obligations concerning activelyknown exploited vulnerabilities and incidents, which should apply [122 months] from the entry into force of this Regulation.
Amendment 202 #
2022/0272(COD)
Proposal for a regulation
Recital 69 a (new)
Recital 69 a (new)
(69a) This Regulation may generate additional costs to micro, small and medium-sized enterprises. In order to support these enterprises that may face additional costs, the Commission should establish financial and technical support that allows for these companies to contribute to the European cybersecurity landscape.
Amendment 228 #
2022/0272(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4 a (new)
Article 3 – paragraph 1 – point 4 a (new)
(4a) ‘cybersecurity’ means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881;
Amendment 234 #
2022/0272(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 21 a (new)
Article 3 – paragraph 1 – point 21 a (new)
(21a) ‘micro, small and medium sized enterprises’ means micro, small and medium sized enterprises as defined in Commission Recommendation 2003/361/EC1a; _________________ 1a Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (notified under document number C(2003) 1422) (OJ L 124, 20.5.2003, p. 36).
Amendment 235 #
2022/0272(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 21 b (new)
Article 3 – paragraph 1 – point 21 b (new)
(21b) ‘provider of an online marketplace’ means a provider of an intermediary service using an online interface, which allows consumers to conclude distance contracts with traders for the sale of products;
Amendment 247 #
2022/0272(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 39
Article 3 – paragraph 1 – point 39
(39) ‘activelyknown exploited vulnerability’ means a patched vulnerability for which there is reliable evidence exists that execution of malicious code was performed by an actor on a system without permission of the system owner;
Amendment 249 #
2022/0272(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 39 a (new)
Article 3 – paragraph 1 – point 39 a (new)
(39a) ‘incident’ means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555;
Amendment 280 #
2022/0272(COD)
Proposal for a regulation
Article 10 – paragraph 6 – subparagraph 1
Article 10 – paragraph 6 – subparagraph 1
Amendment 283 #
2022/0272(COD)
Proposal for a regulation
Article 10 – paragraph 6 – subparagraph 2 a (new)
Article 10 – paragraph 6 – subparagraph 2 a (new)
Manufacturers shall determine the expected product lifetime referred to in the first subparagraph of this paragraph, taking into account the time users reasonably expect to be able to use the product given its functionality and intended purpose, and therefore can expect to receive security updates.
Amendment 294 #
2022/0272(COD)
Proposal for a regulation
Article 10 – paragraph 10 a (new)
Article 10 – paragraph 10 a (new)
10a. Manufacturers shall clearly specify in an easily accessible manner, and where applicable, on the packaging of the product with digital elements, the end date for the expected product lifetime as referred to in paragraph 6, including at least the month and year, until which the manufacturer will at least ensure the effective handling of vulnerabilities in accordance with the essential requirements set out in Section 2 of Annex I.
Amendment 307 #
2022/0272(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The manufacturer shall, without undue delay and in any event within 24 hours of becoming aware of it, notify to ENISA any activelyknown exploited vulnerability contained in the product with digital elements in accordance with paragraph 1a of this Article. The notification shall include details concerning that vulnerability and, where applicable, any corrective or mitigating measures taken. ENISA shall, without undue delay, unless for justified cybersecurity risk-related grounds, forward the notification to the CSIRT designated for the purposes of coordinated vulnerability disclosure in accordance with Article [Article X] of Directive [Directive XXX/XXXX(EU) 2022/2555 (NIS2)] of Member States concerned upon receipt and inform the market surveillance authority about the notified vulnerability. Where a notified vulnerability has no corrective or mitigating measures available, ENISA shall ensure that the sharing of information regarding the notified vulnerability is based on applicable security protocols and on a need-to-know- basis.
Amendment 310 #
2022/0272(COD)
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. 1a. Notifications as referred to in paragraph 1 shall be subject to the following procedure: (a) an early warning, without undue delay and in any event within 24 hours of the manufacturer becoming aware of the known exploited vulnerability, detailing whether any known corrective or mitigating measure is available; (b) a vulnerability notification, without undue delay and in any event within 72 hours of the manufacturer becoming aware of the known exploited vulnerability, which, where applicable, updates the information referred to in point (a), details any corrective or mitigating measures taken and indicates an assessment of extent of the vulnerability, including its severity and impact; (c) an intermediate report on relevant status updates, upon the request of ENISA; (d) a final report, within one month after the submission of the vulnerability notification under point (b), including at least the following: (i) a detailed description of the vulnerability, including its severity and impact; (ii) where available, information concerning any actor that has exploited or that is exploiting the vulnerability; (iii) details about the security update or other corrective measures that have been made available to remedy the vulnerability.
Amendment 312 #
2022/0272(COD)
Proposal for a regulation
Article 11 – paragraph 1 b (new)
Article 11 – paragraph 1 b (new)
1b. Once a security update has been made available, or an appropriate corrective or mitigation measure has been implemented, ENISA shall add the notified vulnerability to the European vulnerability database referred to in Article 12 of Directive [Directive 2022/2555 (NIS2)].
Amendment 315 #
2022/0272(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The manufacturer shall, without undue delay and in any event within 24 hours of becoming aware of it, notify to ENISA any significant incident having impact on the security of the product with digital elements in accordance with paragraph 2b of this Article. ENISA shall, without undue delay, unless for justified cybersecurity risk-related grounds, forward the notifications to the single point of contact designated in accordance with Article [Article X] of Directive [Directive XXX/XXXX(EU) 2022/2555 (NIS2)] of the Member States concerned and inform the market surveillance authority about the notified significant incidents. The significant incident notification shall include information on the severity and impact of the incident and, where applicable, indicate whether the manufacturer suspects the incident to be caused by unlawful or malicious acts or considers the necessary information to make the competent authority aware of the incident and allow for the entity to have a cross-border impactseek assistance.
Amendment 316 #
2022/0272(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
Amendment 319 #
2022/0272(COD)
Proposal for a regulation
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
2b. Notifications as referred to in paragraph 2 shall be subject to the following procedure: (a) an early warning, without undue delay and in any event within 24 hours of the manufacturer becoming aware of the significant incident, which, where applicable, indicates whether the significant incident is suspected of being caused by unlawful or malicious acts or could have a cross-border impact; (b) an incident notification, without undue delay and in any event within 72 hours of the manufacturer becoming aware of the significant incident, which, where applicable, updates the information referred to in point (a) and indicates an initial assessment of the significant incident, including its severity and impact, as well as, where available, the indicators of compromise; (c) an intermediate report on relevant status updates upon the request of ENISA; (d) a final report, within one month after the submission of the incident notification under point (b), including at least the following: (i) a detailed description of the incident, including its severity and impact; (ii) the type of threat or root cause that is likely to have triggered the incident; (iii) applied and ongoing mitigation measures; (iv) where applicable, the cross-border impact of the incident; In the event of an ongoing incident at the time of the submission of the final report referred to in point (d) of the first subparagraph, Member States shall ensure that entities concerned provide a progress report at that time and a final report within one month of their handling of the incident.
Amendment 323 #
2022/0272(COD)
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. ENISA shall publish and maintain a known exploited vulnerability catalogue that shall be included in the European vulnerability database established under Directive 2022/2555 (NIS2). The catalogue shall assist manufacturers in detecting known exploitable vulnerabilities and notify vulnerabilities found in their products.
Amendment 326 #
2022/0272(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The manufacturer shall inform, without undue delay and after becoming aware, the users of the product with digital elements about the significant incident and, where necessary, about corrective measures that the user can deploy to mitigate the impact of the significant incident.
Amendment 337 #
2022/0272(COD)
Proposal for a regulation
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7a. ENISA shall establish a digital reporting mechanism, after having consulted relevant stakeholder groups, so that manufacturers are able to fulfil their reporting obligations via an Online Application.
Amendment 343 #
2022/0272(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Where an importer considers or has reason to believe that a product with digital elements or the processes put in place by the manufacturer are not in conformity with the essential requirements set out in Annex I, the importer shall not place the product on the market until that product or the processes put in place by the manufacturer have been brought into conformity with the essential requirements set out in Annex I. Furthermore, where the product with digital elements presents a significant cybersecurity risk, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 346 #
2022/0272(COD)
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 1
Article 13 – paragraph 6 – subparagraph 1
Importers who know or have reason to believe that a product with digital elements, which they have placed on the market, or the processes put in place by its manufacturer, are not in conformity with the essential requirements set out in Annex I shall immediately require the manufacturer to take the corrective measures necessary to bring that product with digital elements or the processes put in place by its manufacturer into conformity with the essential requirements set out in Annex I, or to withdraw or recall the product, if appropriate.
Amendment 347 #
2022/0272(COD)
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2
Article 13 – paragraph 6 – subparagraph 2
Upon identifying a vulnerability in the product with digital elements, importers shall inform the manufacturer without undue delay about that vulnerability. Furthermore, where the product with digital elements presents a significant cybersecurity risk, importers shall immediately inform the market surveillance authorities of the Member States in which they made the product with digital elements available on the market to that effect, giving details, in particular, of the non-conformity and of any corrective measures taken.
Amendment 348 #
2022/0272(COD)
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2 a (new)
Article 13 – paragraph 6 – subparagraph 2 a (new)
Upon receiving information from the manufacturer that the product with digital elements presents a significant cybersecurity risk, giving details, in particular, of the non-conformity and of any corrective measures taken, importers shall immediately forward this information to the market surveillance authorities of the Member States in which they made the product with digital elements available on the market to that effect.
Amendment 351 #
2022/0272(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where a distributor considers or has reason to believe that a product with digital elements or the processes put in place by the manufacturer are not in conformity with the essential requirements set out in Annex I, the distributor shall not make the product with digital elements available on the market until that product or the processes put in place by the manufacturer have been brought into conformity. Furthermore, where the product with digital elements poses a significant cybersecurity risk, the distributor shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 352 #
2022/0272(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1
Article 14 – paragraph 4 – subparagraph 1
Distributors who know or have reason to believe that a product with digital elements, which they have made available on the market, or the processes put in place by its manufacturer are not in conformity with the essential requirements set out in Annex I shall make sure that threquire the manufacturer to take corrective measures necessary to bring that product with digital elements or the processes put in place by its manufacturer into conformity are taken, or to withdraw or recall the product, if appropriate.
Amendment 353 #
2022/0272(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 2
Article 14 – paragraph 4 – subparagraph 2
Upon identifying a vulnerability in the product with digital elements, distributors shall inform the manufacturer without undue delay about that vulnerability. Furthermore, where the product with digital elements presents a significant cybersecurity risk, distributors shall immediately inform the market surveillance authorities of the Member States in which they have made the product with digital elements available on the market to that effect, giving details, in particular, of the non-conformity and of any corrective measures taken.
Amendment 355 #
2022/0272(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 2 a (new)
Article 14 – paragraph 4 – subparagraph 2 a (new)
Upon receiving information from the manufacturer that the product with digital elements presents a significant cybersecurity risk, giving details, in particular, of the non-conformity and of any corrective measures taken, distributors shall immediately forward this information to the market surveillance authorities of the Member States in which they made the product with digital elements available on the market to that effect.
Amendment 362 #
2022/0272(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Amendment 373 #
2022/0272(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. The Commission is empowered to adopt delegated acts in accordance with Article 50 to supplement this Regulation by the elements to be included in the technical documentation set out in Annex V to take account of technological developments, as well as developments encountered in the implementation process of this Regulation. When adopting delegated acts, the Commission shall take into account and make sure the administrative burden on micro, small and medium sized enterprises is kept to a minimum.
Amendment 383 #
2022/0272(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. Notified bodies shall take into account the specific interests and needs of micro, small and medium sized enterprises (SMEs) when setting the fees for conformity assessment procedures and reduce those fees proportionately to their specific interests and needs. The Commission shall ensure that appropriate financial support in the regulatory framework of existing Union programmes is allocated to micro, small and medium- sized enterprises, in order to mitigate possible financial burden.
Amendment 387 #
2022/0272(COD)
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. The Commission shall, within 24 months from the entry into force of this Regulation, ensure that there is a sufficient number of notified bodies in the Union to carry out a conformity assessment, in order to avoid bottlenecks and hindrances to market entry.
Amendment 440 #
2022/0272(COD)
Proposal for a regulation
Article 50 – paragraph 6 a (new)
Article 50 – paragraph 6 a (new)
6a. When exercising the power of delegation, the Commission shall conduct public consultations and engage in regular dialogue with economic operators, in order to collect evidence and evaluate market implications of including or withdrawing categories of products in the scope of this Regulation.
Amendment 444 #
2022/0272(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements by economic operators of this Regulation and shall take all measures necessary to ensure that they are enforced. The penalties provided for shall be effective, proportionate and dissuasive. These rules shall take into account the financial capabilities of micro, small and medium-sized enterprises.
Amendment 458 #
2022/0272(COD)
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
It shall apply from [324 months after the date of entry into force of this Regulation]. However Article 11 shall apply from [122 months after the date of entry into force of this Regulation].
Amendment 463 #
2022/0272(COD)
Proposal for a regulation
Annex I – Part 1 – point 2
Annex I – Part 1 – point 2
(2) Products with digital elements shall be delivered without any known exploitable vulnerabilities which the manufacturer knows of, unless a manufacturer ensures that there are updates available which remedy this vulnerability and these are run automatically at the first time of use of the product;
Amendment 43 #
2022/0219(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The EU Heads of State or Government, meeting in Versailles on 11 March, committed to “bolster European defence capabilities” in light of the Russian military aggression against Ukraine. They agreed to increase defence expenditures, step up cooperation through joint projects, and common procurement of defence capabilities, close shortfalls, boost innovation and strengthen and develop the EU defence industry, including small and medium-sized enterprises (SMEs).
Amendment 76 #
2022/0219(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) In addition, given that the EDTIB requires favourable long-term conditions, it is of utmost importance that access to finance for defence companies is assured, as laid out in the Strategic Compass. Lacking an explicit classification of being sustainable within the EU's taxonomy, EU defence companies are faced with substantial difficulties to secure financing and thus to increase their production capacity rendering relocation of production outside of the EU's common market more attractive to defence companies. By not defining all defence companies as sustainable, EU is actively undermining an industry that is vital to protect our societies and in the long run, this approach could pose a threat to sustainable development. Furthermore, the EU Member States should take a first step in that regard and send a positive signal to European defence companies and the financial sector by adapting the statute of the European Investment Bank in order to allow for financing of defence investments.
Amendment 104 #
2022/0219(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) This Instrument will build on and take into account the work of the Defence Joint Procurement Task Force established by the Commission and the High Representative/Head of Agency, in line with the Joint Communication ‘Defence Investment Gaps Analysis and Way Forward”, to coordinate very short-term defence procurement needs and engage with Member States and EU defence manufacturers to support joint procurement to replenish stocks, notably in light of the support provided to Ukraine with urgently needed and rapidly deployable equipment, notably in light of the support provided to Ukraine, in particular by the Member States in its close neighbourhood.
Amendment 117 #
2022/0219(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Cooperation with the United States of America and the United Kingdom is vital for European defence and security. In light of surging protectionist tendencies in the United States, epitomised by the Inflation Reduction Act, it is important to pursue an amicable transatlantic relationship and strengthen its ties, while striving for a level playing field.
Amendment 148 #
2022/0219(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) Russia’s brutal and unprovoked war of aggression against Ukraine became a turning point for European security, and in particular for Bulgaria, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Sweden and Finland that are bordering Russia and Ukraine or have their territorial waters or Exclusive Economic Zones adjacent to those of Ukraine or Russia. Those Member States have become the target of threatening rhetoric and hostile actions by Russia, supported by Belarus. Despite facing fundamental threats to their own security, they continue to support Ukraine in providing assistance, including military assistance, thus significantly depleting their own stockpiles. The Instrument should therefore provide incentives for the participation of those Member States by granting higher Union contribution to actions where at least two such Member States participate. In addition, such a higher Union contribution should also apply for actions in which Member States decide to authorise the procurement agent to procure additional quantities of the respective defence product for Ukraine and Moldova. Given that those countries are partially occupied by Russia or its proxies, and are the targets of Russia’s military aggression or are under threat of a direct Russian military intervention, further support for Ukraine and Moldova, which are Union candidate countries, would substantially contribute to European security, while strengthening the EDTIB and fostering cooperation in defence procurement.
Amendment 155 #
2022/0219(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council3 , Council Regulation (Euratom, EC) No 2988/954 , Council Regulation (Euratom, EC) No 2185/965 and Council Regulation (EU) 2017/19396 , 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 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. It is of the essence to counteract corruption and uphold the rule of law. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute fraud and other illegal activities affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council7 . 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. _________________ 3 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. 4 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). 5 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). 6 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). 7 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).
Amendment 169 #
2022/0219(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘defence products’ mean products awarded in the fields of defence and security, within the meaning of Article 2 of Directive 2009/81/EC, as well as medical supplies and medical support equipment in order to replenish, and, if considered to be necessary in light of the changed security situation, to expand stockpiles depleted as a result of the response to the Russian military aggression against Ukraine. ‘Defence products’ include equipment, services, works and supplies;
Amendment 181 #
2022/0219(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) to foster the competitiveness and efficiency of the European Defence Technological and Industrial Base (EDTIB), including SMEs and mid- capitalisation companies (mid-caps), for a more resilient Union, in particular by speeding up, in a collaborative manner, the adjustment of industry to structural changes, including ramp-up of its manufacturing capacities, while safeguarding cost efficiency;
Amendment 195 #
2022/0219(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) incentivise a decrease in disparate national standards and requirements in the context of procurement of defence products.
Amendment 206 #
2022/0219(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 1 (new)
Article 3 – paragraph 2 – point 1 (new)
(1) While fragmentation of the EDTIB is to be counteracted, there also exists necessary and valuable diversification with positive ramifications, not least from a security perspective.
Amendment 230 #
2022/0219(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The Union financial contribution to each action shall not exceed 15 % of the amount referred to in Article 4(1) and shall be capped at 20 % of the estimated value of the common procurement contract per consortium of Member States and associated countries. By way of derogation from the first subparagraph, the Union financial contribution to each action shall not be lower than 20 % of the amount referred to in Article 4(1) and shall be capped at 25 % of the estimated value of the common procurements contract, where one or both of the following conditions is met: (a) at least two members of a consortium of Member States and associated countries have a common border with Russia or with countries aggressed by Russia, or have their territorial waters or exclusive economic zones adjacent to those of Russia or the countries aggressed by Russia; (b) one of the third countries referred to in Article 5(1a) is a recipient of additional quantities in the procurement action in accordance with that paragraph.
Amendment 258 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 7 – point b
Article 8 – paragraph 7 – point b
(b) access by a non-associated third country or by a non-associated third- country entity to sensitiveclassified information is prevented and the employees or other persons involved in the common procurement have national security clearance issued by a Member State.
Amendment 304 #
2022/0219(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall, by means of an implementing delegated act, adopt the work programme referred to in paragraph 1. The implementingdelegated act shall be adopted in accordance with the examination procedure referred to in Article 14 paragraph 3.
Amendment 312 #
2022/0219(COD)
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. In line with Article 8 (9), the Commission, assisted by the European Defence Agency, shall endeavour to identify components of non-EU origin for which no alternative exists in the Union and take appropriate measures to foster their development in the Union, including through research and development, and in particular, through the European Defence Fund.
Amendment 325 #
2022/0219(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. In addition and in line with Article 8 (9), the report shall identify, based on considerations of the Union's essential defence capability needs, the most critical components of non-EU origin, including an assessment of the possibilities for the development of alternative components within the Union.
Amendment 159 #
2022/0155(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Information society services have become very important for communication, expression, gathering of information and many other aspects of present-day life, including for children but also for. But they are also used by perpetrators of child sexual abuse offences. Such offences, which are subject to minimum rules set at Union level, are verextremely serious criminal offences that need to be prevented and combated effectively in order to protect children’s rights and well- being, as is required under the Charter of Fundamental Rights of the European Union (‘Charter’), and to protect society at large. Users of such services offered in the Union should be able to trust that the services concerned can be used safely, especially by children.
Amendment 160 #
2022/0155(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) Regulatory measures to address the dissemination of child sexual abuse content online should be complemented by Member States strategies including increasing public awareness, how to seek child-friendly and age appropriate reporting and assistance and informing about victims rights. Additionally Member States should make sure they have a child-friendly justice system in place in order to avoid further victimisation of the abused children.
Amendment 162 #
2022/0155(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Given the central importance of relevant information society services for the digital single market, those aims can only be achieved by ensuring that providers offering such services in the Union behave responsibly and take reasonable measures to minimise the risk of their services being misused for the purpose of child sexual abuse, those providers often being the only ones in a position to prevent and combat such abuse. The measures taken should be targeted, effective, carefully balanced and proportionate, so as to avoid any undue negative consequences for those who use the services for lawful purposes, in particular for the exercise of their fundamental rights protected under Union law, that is, those enshrined in the Charter and recognised as general principles of Union law, and so as to avoid imposing any excessive burdens on the providers of the services.
Amendment 163 #
2022/0155(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Member States aOn the one hand it is very positive that Member States are aware of the existing problem and therefore increasingly introducing, or are considering introducing, national laws to prevent and combat online child sexual abuse, in particular by imposing requirements on providers of relevant information society services. IOn the light of the inherently cross-border nature ofother hand the internet and the service provision concerned, those national laws, which diverge have an inherently cross-border nature and therefore diverging national laws, have a direct negative effect on the internal market. To increase legal certainty, eliminate the resulting obstacles to the provision of the services and ensure a level playing field in the internal market, the necessary harmonised requirements should be laid down at Union level.
Amendment 166 #
2022/0155(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Therefore, this Regulation should contribute to the proper functioning of the internal market by setting out clear, uniform and balanced, carefully balanced and proportionate rules to prevent and combat child sexual abuse in a manner that is effective and that respects the fundamental rights of all parties concerned. In view of the fast-changing nature of the services concerned and the technologies used to provide them, those rules should be laid down in technology-neutral and future- proof manner, so as not to hamper innovation.
Amendment 171 #
2022/0155(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation should be without prejudice to the rules resulting from other Union acts, in particular Directive 2011/93 of the European Parliament and of the Council38, Directive 2000/31/EC of the European Parliament and of the Council39and Regulation (EU) …/…2022/ 2065of the European Parliament and of the Council40[on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC], Directive 2010/13/EU of the European Parliament and of the Council41, Regulation (EU) 2016/679 of the European Parliament and of the Council42, and Directive 2002/58/EC of the European Parliament and of the Council43. _________________ 38 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1). 39 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). 40 Regulation (EU) …/… of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC (OJ L ….). 41 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 service (OJ L 95, 15.4.2010, p. 1). 42 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1). 43 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, 31.7.2002, p. 37).
Amendment 172 #
2022/0155(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should be considered lex specialis in relation to the generally applicable framework set out in Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065 laying down harmonised rules on the provision of certain information society services in the internal market. The rules set out in Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065 apply in respect of issues that are not or not fully addressed by this Regulation.
Amendment 174 #
2022/0155(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In the interest of clarity and consistency, the definitions provided for in this Regulation should, where possible and appropriate, be based on and aligned with the relevant definitions contained in other acts of Union law, such as Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065.
Amendment 176 #
2022/0155(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) TIn order to allow a future proof approach the term ‘online child sexual abuse’ should cover not only the dissemination of material previously detected and confirmed as constituting child sexual abuse material (‘known’ material), but also of material not previously detected that is likely to constitute child sexual abuse material but that has not yet been confirmed as such (‘new’ material), including live-streaming and live transmission of child sexual abuse material as well as activities constituting the solicitation of children (‘grooming’). That is urgently needed in order to address not only past abuse, the re- victimisation and violation of the victims’ rights it entails, such as those to privacy and protection of personal data, but to also prevent it as soon as possible and address recent, ongoing and imminent abuse, so as to prevent it as much as possible, to effectively protect children and to increase the likelihood of rescuing victims and stopping perpetrators as quick as possible .
Amendment 177 #
2022/0155(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) Member States should ensure that they additionally address the problem of solicitation of children by providing for efficient digital education. Children should be given at home and in school the necessary digital skills and tools they need to fully benefit from online access, whilst ensuring their safety.
Amendment 180 #
2022/0155(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Some of those providers of relevant information society services in scope of this Regulation, including online search engines, may also be subject to an obligation to conduct a risk assessment under Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065 with respect to information that they store and disseminate to the public. For the purposes of the present Regulation, those providers may draw onuse such a risk assessment as a basis and complement it with a more specific assessment of the risks of use of their services for the purpose of online child sexual abuse, as required by this Regulation.
Amendment 183 #
2022/0155(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to prevent and combat online child sexual abuse effectively, providers of hosting services and providers of publicly available interpersonal communications services should take reasonable measures to mitigate the risk of their services being misused for such abuse, as identified through the risk assessment. Providers subject to an obligation to adopt mitigation measures pursuant to Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065 may consider to which extent mitigation measures adopted to comply with that obligation, which may include targeted measures to protect the rights of the child, including age verification andassessment measures and age appropriate parental control tools, may also serve to address the risk identified in the specific risk assessment pursuant to this Regulation, and to which extent further targeted mitigation measures may be required to comply with this Regulation.
Amendment 185 #
2022/0155(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) The used age assessing tools should be able to prove age in an efficient, privacy-preserving and secure manner.
Amendment 188 #
2022/0155(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) To allow for innovation and ensure proportionality and technological neutrality, no exhaustive list of the compulsory mitigation measures should be established. Instead, providers should be left a degree of flexibility to design and implement also voluntary measures tailored to the risk identified and the characteristics of the services they provide and the manners in which those services are used. In particular, providers are freeshould be able to voluntary process metadata and are encouraged to design and implement, in accordance with Union law, measures based on their existing practices to detect online child sexual abuse in their services and indicate as part of the risk reporting their willingness and preparedness to eventually being issued a detection order under this Regulation, if deemed necessary by the competent national authority.
Amendment 194 #
2022/0155(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to ensure that the objectives of this Regulation are achieved, that flexibility should be subject to the need to comply with Union law and, in particular, the requirements of this Regulation on mitigation measures. Therefore, providers of hosting services and providers of publicly available interpersonal communications services should, when designing and implementing the mitigation measures, give importance not only to ensuring their effectiveness, but also and to avoiding any undue negative consequences for other affected parties, notably for the exercise of users’ fundamental rights. In order to ensure proportionality, when determining which mitigation measures should reasonably be taken in a given situation, account should also be taken of the financial and technological capabilities and the size of the provider concerned. When selecting appropriate mitigation measures, providers should at least duly consider the possible measures listed in this Regulation, as well as, where appropriate, other measures such as those based on industry best practices, including as established through self- regulatory cooperation, and those contained in guidelines from the Commission. Providers should be able to indicate to the Coordinating Authority their assessment of the need for a detection order, after putting in place the risk mitigation measures. When no risk has been detected after a diligently conducted or updated risk assessment, providers should not be required to take any mitigation measures.
Amendment 197 #
2022/0155(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In the light of their role as intermediaries facilitating access to software applications that may be misused for online child sexual abuse, providers of software application stores should be made subject to obligations to take certain reasonable and effective measures to assess and mitigate that risk. The providers should make that assessment in a diligent manner, making efforts that are reasonable and effective under the given circumstances, having regard inter alia to the nature and extent of that risk as well as their financial and technological capabilities and size, and cooperating with the providers of the services offered through the software application where possible.
Amendment 199 #
2022/0155(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) With a view to ensuring effective prevention and fight against online child sexual abuse, when mitigating measures are deemed insufficient to limit the risk of misuse of a certain service for the purpose of online child sexual abuse, the Coordinating Authorities designated by Member States under this Regulation should be empowered to request the issuance of detection orders. In order to avoid any undue interference with fundamental rights and to ensure proportionality, that power should be a last resort measure and subject to a carefully balanced set of limits and safeguards. For instance, considering that child sexual abuse material tends to be disseminated through hosting services and publicly available interpersonal communications services, and that in particular solicitation of children mostly takes place in publicly available interpersonal communications services, it should only be possible to address detection orders to providers of such services.
Amendment 202 #
2022/0155(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Furthermore, as parts of those limits and safeguards, detection orders should only be issued after a diligent and objective assessment leading to the finding of a significant risk of the specific service concerned being misused for a given type of online child sexual abuse covered by this Regulation. Such assessments may include the voluntary use of detection technologies and the evidence they provide with regard to the risks of a service being misused. One of the elements to be taken into account in this regard is the likelihood that the service is used to an appreciable extent, that is, beyond isolated and relatively rare instances, for such abuse. The criteria should vary so as to account of the different characteristics of the various types of online child sexual abuse at stake and of the different characteristics of the services used to engage in such abuse, as well as the related different degree of intrusiveness of the measures to be taken to execute the detection order.
Amendment 204 #
2022/0155(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) However, the finding of such a significant risk should in itself be insufficient to justify the issuance of a detection order, given that in such a case the order might lead to disproportionate negative consequences for the rights and legitimate interests of other affected parties, in particular for the exercise of users’ fundamental rights. Therefore, it should be ensured that detection orders can be issued only after the Coordinating Authorities and the competent judicial authority or independent administrative authority having objectively and diligently assessed, identified and weighted, on a case-by-case basis, not only the likelihood and seriousness of the potential consequences of the service being misused for the type of online child sexual abuse at issue, but also the likelihood and seriousness of any potential negative consequences for other parties affected. With a view to avoiding the imposition of excessive burdens, the assessment should also take account of the financial and technological capabilities and size of the provider concerned.
Amendment 206 #
2022/0155(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In addition, to avoid undue interference with fundamental rights and ensure proportionality, when it is established that those requirements have been met and a detection order is to be issued, it should still be ensured that the detection order is targeted, justified, proportionate, limited in time and specified so as to ensure that any such negative consequences for affected parties do not go beyond what is strictly necessary to effectively address the significant risk identified. This should concern, in particular, a limitation to an identifiable part or component of the service where possible without prejudice to the effectiveness of the measure, such as specific types of channels of a publicly available interpersonal communications service, or to specific users or specific groups of users, to the extent that they can be taken in isolation for the purpose of detection, as well as the specification of the safeguards additional to the ones already expressly specified in this Regulation, such as independent auditing, the provision of additional information or access to data, or reinforced human oversight and review, and the further limitation of the duration of application of the detection order that the Coordinating Authority deems necessary. To avoid unreasonable or disproportionate outcomes, such requirements should be set after an objective and diligent assessment conducted on a case-by-case basis.
Amendment 209 #
2022/0155(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The competent judicial authority or the competent independent administrative authority, as applicable in accordance with the detailed procedural rules set by the relevant Member State, should be in a position to take a well- informed decision on requests for the issuance of detections orders. That is of particulargreat importance to ensure the necessary fair balance of the fundamental rights at stake and a consistent approach, especiallythis is in particular significant in connection to detection orders concerning the solicitation of children. Therefore, a procedure should be provided for that allows the providers concerned, the EU Centre on Child Sexual Abuse established by this Regulation (‘EU Centre’) and, where so provided in this Regulation, the competent data protection authority designated under Regulation (EU) 2016/679 to provide their views on the measures in question. They should do so as soon as possible, having regard to the important public policy objective at stake and the need to act without undue delay to protect children. In particular, data protections authorities should do their utmost to avoid extending the time period set out in Regulation (EU) 2016/679 for providing their opinions in response to a prior consultation. Furthermore, they should normally be able to provide their opinion well within that time period in situations where the European Data Protection Board has already issued guidelines regarding the technologies that a provider envisages deploying and operating to execute a detection order addressed to it under this Regulation.
Amendment 211 #
2022/0155(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The measures taken by providers of hosting services and providers of publicly available interpersonal communications services to execute detection orders addressed to them should remain strictly limited to what is specified in this Regulation and in the detection orders issued in accordance with this Regulation. In order to ensure the effectiveness of those measures, allow for tailored solutions, remain technologically neutral, and avoid circumvention of the detection obligations, those measures should be taken regardless of the technologies used by the providers concerned in connection to the provision of their services. Therefore, this Regulation leaves to the provider concerned the choice of the technologies to be operated to comply effectively with detection orders and should not be understood as incentivising or disincentivising the use of any given technology, provided that the technologies and accompanying measures meet the requirements of this Regulation. That includes the use of end-to-end encryption technology, which is an important tool to guarantee the security and confidentiality of the communications of users, including those of children. Nothing in this Regulation should therefore be interpreted as making end-to-end encryption impossible, in particular considering that technologies that allow the effective detection of online child sexual abuse in end-to-end encrypted communications already exist, and make it possible to balance all the fundamental rights at stake. These rights include on one hand the right to physical and mental integrity of children (Article 3 of the EU Charter of Fundamental Rights (the ‘Charter’)), the prohibition of torture and inhuman and degrading treatment (Article 4 Charter), their right to such protection and care as is necessary for their well-being (Article 24 Charter), their right to respect for their private and family life (Article 7 EU Charter) as well as to protection of their personal data (Article 8 Charter). The rights also include, on the other hand, the right to respect for private and family life (Article 7 Charter), to protection of personal data (Article 8 Charter), and the freedom of expression (Article 11 Charter) of the other users of the online services concerned. Finally, the rights at stake also include the freedom to conduct a business (Article 16 Charter) of the online service providers that fall within the scope of the proposal. The Commission should in cooperation with the EU Centre consider making available effective detection of online child sexual abuse in end-to-end encrypted communications tools. When executing the detection order, providers should take all available safeguard measures to ensure that the technologies employed by them cannot be used by them or their employees for purposes other than compliance with this Regulation, nor by third parties, and thus to avoid undermining the security and confidentiality of the communications of users.
Amendment 217 #
2022/0155(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29 a) In order to ensure effective prevention and fight against online child sexual abuse the providers should be able to make voluntary use of detection technologies as part of their mitigation measues, if they assess this as necessary in order to limit the risk of misuse.
Amendment 218 #
2022/0155(COD)
Proposal for a regulation
Recital 29 b (new)
Recital 29 b (new)
(29 b) All relevant providers should provide for easily accessible, child- friendly and age appropriate notification mechanisms that allow for a quick, efficient and privacy-preserving notification. Micro, small and medium sized enterprises should get support from the EU Centre to build up a corresponding mechanism.
Amendment 219 #
2022/0155(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The rules of this Regulation should not be understood as affecting the requirements regarding removal orders set out in Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065.
Amendment 222 #
2022/0155(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) CIn order to allow for an efficient reporting system and considering that acquiring, possessing, knowingly obtaining access and transmitting child sexual abuse material constitute criminal offences under Directive 2011/93/EU, it is necessary to exempt providers of relevant information society services from criminal liability when they are involved in such activities, including taking voluntary measures, insofar as their activities remain strictly limited to what is needed for the purpose of complying with their obligations under this Regulation and they act in good faith.
Amendment 223 #
2022/0155(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to facilitate smooth and efficient communications by electronic means, including, where relevant, by acknowledging the receipt of such communications, relating to matters covered by this Regulation, providers of relevant information society services should be required to designate a single point of contact and to publish relevant information relating to that point of contact, including the languages to be used in such communications. In contrast to the provider’s legal representative, the point of contact should serve operational purposes and should not be required to have a physical location. Suitable conditions should be set in relation to the languages of communication to be specified, so as to ensure that smooth communication is not unreasonably complicated. For providers subject to the obligation to establish a compliance function and nominate compliance officers in accordance with Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065, one of these compliance officers may be designated as the point of contact under this Regulation, in order to facilitate coherent implementation of the obligations arising from both frameworks.
Amendment 224 #
2022/0155(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Where relevant and convenient, subject to the choice of the provider of relevant information society services and the need to meet the applicable legal requirements in this respect, it should be possible for those providers to designate a single point of contact and a single legal representative for the purposes of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065 and this Regulation.
Amendment 231 #
2022/0155(COD)
Proposal for a regulation
Recital 69 a (new)
Recital 69 a (new)
(69 a) Hotlines play an invaluable role in providing the public with a way to report suspected child sexual abuse material and by rapidly removing harmful content online, but they have different legal rights to process child sexual abuse material and therefore Member Stats are encouraged to aim for a harmonisation of the legal capacities of hotlines.
Amendment 233 #
2022/0155(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) Longstanding Union support for both INHOPE and its member hotlines recognises that hotlines are in the frontline in the fight against online child sexual abuse. The EU Centre should leverage the network of hotlines, concluding, when necessary, strategic and/or operational cooperation agreements with them and encourage that they work togethercooperate and coordinate effectively with the Coordinating Authorities, providers of relevant information society services and law enforcement authorities of the Member States. The hotlines’ expertise and experience is an invaluable source of information on the early identification of common threats and solutions, as well as on regional and national differences across the Union.
Amendment 236 #
2022/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Regulation lays down uniform rules to prevent and address the misuse of relevant information society services for online child sexual abuse in the internaland ensure the smooth functioning of a digital single market.
Amendment 243 #
2022/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point d a (new)
Article 1 – paragraph 1 – subparagraph 2 – point d a (new)
(d a) obligations on providers of online search engines to delist websites indicating child sexual abuse material;
Amendment 245 #
2022/0155(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
(b) Directive 2000/31/EC and Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065;
Amendment 249 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘hosting service’ means an information society service as defined in Article 23, point (fg), third indent, of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065;
Amendment 257 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘software application’ means a digital product or service as defined in Article 2, point 135, of Regulation (EU) …/… [on contestable and fair markets in the digital sector (Digital Markets Act)]2022/1925;
Amendment 258 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘software application store’ means a service as defined in Article 2, point 124, of Regulation (EU) …/… [on contestable and fair markets in the digital sector (Digital Markets Act)]2022/1925;
Amendment 263 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f – point iv a (new)
Article 2 – paragraph 1 – point f – point iv a (new)
(iv a) online search engines;
Amendment 265 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f a (new)
Article 2 – paragraph 1 – point f a (new)
(f a) “Online search engine” means an intermedietary service as defined in Article 3 point (j) of Regulation (EU) 2022/2065;
Amendment 266 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f b (new)
Article 2 – paragraph 1 – point f b (new)
(f b) ‘metadata‘ means data processed for the purposes of transmitting, distributing or exchanging content data; including data used to trace and identify the source and destination of a communication, data on the location of the user, and the date, time, duration and the type of communication;
Amendment 270 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j
Article 2 – paragraph 1 – point j
(j) ‘child user’ means a natural person who uses a relevant information society service and who is a natural person below the age of 178 years;
Amendment 271 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point r
Article 2 – paragraph 1 – point r
(r) ‘recommender system’ means the system as defined in Article 23, point (os), of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065;
Amendment 272 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point t
Article 2 – paragraph 1 – point t
(t) ‘content moderation’ means the activities as defined in Article 23, point (pt), of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065;
Amendment 273 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point v
Article 2 – paragraph 1 – point v
(v) ‘terms and conditions’ means terms and conditions as defined in Article 23, point (qu), of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065;
Amendment 291 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3
Article 3 – paragraph 2 – point b – indent 3
— functionalities enabling age verificationassessing measures;
Amendment 293 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 a (new)
Article 3 – paragraph 2 – point b – indent 4 a (new)
- functionalities enabling age appropriate parental control;
Amendment 295 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b a (new)
Article 3 – paragraph 2 – point b a (new)
(b a) the capacity, in accordance with the state of the art, to deal with reports and notifications about child sexual abuse in a timely manner;
Amendment 305 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3 a (new)
Article 3 – paragraph 2 – point e – point iii – indent 3 a (new)
- the extent to which children have access to age-restricted content
Amendment 308 #
2022/0155(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to achieve the objectives of this Regulation, it should cover providers of services that have the potential to be misused for the purpose of online child sexual abuse. As they are increasingly misused for that purpose, those services should include publicly available interpersonal communications services, such as messaging services and web-based e-mail services, in so far as those service as publicly available. As services which enable direct interpersonal and interactive exchange of information merely as a minor ancillary feature that is intrinsically linked to another service, such as chat and similar functions as part of gaming, image-sharing and video-hosting are equally at risk of misuse, they should also be covered by this Regulation. Online search engines and other artificial intelligence services should also be covered. However, given the inherent differences between the various relevant information society services covered by this Regulation and the related varying risks that those services are misused for the purpose of online child sexual abuse and varying ability of the providers concerned to prevent and combat such abuse, the obligations imposed on the providers of those services should be differentiated in an appropriate mannerand targeted manner. Considering the fundamental importance of the right to respect for private life and the right to protection of personal data, as guaranteed by the Charter of Fundamental Rights, nothing in this regulation should be interpreted as prohibiting or compromising the integrity and confidentiality of end-to-end encrypted content and communications.
Amendment 310 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
The provider may request the EU Centre to perform an analysis of representative, anonymized data samples to identify potential online child sexual abuse, to support the risk assessment. This request cannot serve the purpose of evading any of the provider’s obligations set up in this Regulation. The EU Centre shall perfom the analysis in a timely manner.
Amendment 312 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
The costs incurred by the EU Centre for the performance of such an analysis shall be borne by the requesting provider. However, the EU Centre shall bear those costs where the provider is a micro, small or medium-sized enterprise, provided the request is reasonably necessary to support the risk assessment.
Amendment 316 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. The provider may also voluntary use the measures specified in Article 10 to detect online child sexual abuse on a specific service. In this case they have to notify the Coordinating authority and include the results of its analyses in a separate section of the risk assessment.
Amendment 328 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(a a) adapting privacy and safety by design and by default for children, including age appropriate parental control tools;
Amendment 333 #
2022/0155(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to prevent and combat online child sexual abuse effectively, providers of hosting services and providers of publicly available interpersonal communications services should take effective and reasonable measures to mitigate the risk of their services being misused for such abuse, as identified through the risk assessment. Providers subject to an obligation to adopt mitigation measures pursuant to Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] may consider to which extent mitigation measures2022/2065 may consider to which extent mitigation measures adopted to comply with that obligation. Mitigation measures necessary for the fulfilment of the obligations in this regulation may include the design of online interfaces or parts thereof with the highest level of privacy, safety and security for children by default, the adoapted to comply with that obligation, which may includeation of standards for protection of children, participation in codes of conduct for protecting children, targeted measures to protect the rights of the child, including age verification and-appropriate parental control tools, may also. Enabling flagging and/or notifying mechanisms and self-reporting functionalities, where possible with the use of AI, shall serve to address the risk identified in the specific risk assessment pursuant to this Regulation, and to which extent further targeted mitigation measures may be required to comply with this Regulation.
Amendment 334 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(b a) processing metadata;
Amendment 336 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) initiating or adjusting cooperation, in accordance with competition law, with other providers of hosting services or providers of interpersonal communication services, public authorities, civil society organisations or, where applicable, entities awarded the status of trusted flaggers in accordance with Article 19 of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] 2022/2065.
Amendment 338 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(c a) foreseeing awareness-raising measures;
Amendment 339 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c b (new)
Article 4 – paragraph 1 – point c b (new)
(c b) using any other measures in accordance with the current or future state of the art that are fit to mitigate the identified risk;
Amendment 350 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Providers of interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a risk of use of their services for the purpose of the solicitation of children, shall take the necessary age verification and age assessment measures to reliably identify child users on their services, enabling them to take the mitigation measures and to put in place effective measure to block the access of children to websites that fall under an age-restriction applicable under national law.
Amendment 351 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Providers of interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a risk of use of their services for the purpose of the solicitation of children, shall take the necessary age verification and age assessment measures to reliably identify child users on their services, enabling them to take the mitigation measures. The age assessement tools shall be able to verify the age in an efficient, privacy-preserving and secure manner.
Amendment 353 #
2022/0155(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) With a view to ensuring effective prevention and fight against online child sexual abuse, when mitigating measures are deemed insufficientthe provider refuses to cooperate by putting in place the mitigating measures aimed to limit the risk of misuse of a certain service for the purpose of online child sexual abuse, the Coordinating Authorities designated by Member States under this Regulation should be empowered to request, as a measure of last resort, the issuance of detection orders. In order to avoid any undue interference with fundamental rights and to ensure proportionality, that power should be subject to a carefully balanced set of limits and safeguards. For instance, considering that child sexual abuse material tends to be disseminated through hosting services and publicly available interpersonal communications services, and that solicitation of children mostly takes place in publicly available interpersonal communications services, it should only be possible to address detection orders to providers of such services. Such detection orders shall be issued with regards to the technical capacity of the provider, and shall in no way be intrepreted as prohibiting, or compromising the integrity and confidentiality of, end-to-end encrypted content and communications.
Amendment 358 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Commission, in cooperation with Coordinating Authorities and the EU Centre and after having conducted a public consultation, mayshall issue guidelines on the application of paragraphs 1, 2, 3 and 4, having due regard in particular to relevant technological developments and in the manners in which the services covered by those provisions are offered and used.
Amendment 360 #
2022/0155(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Legal basis for risk mitigation through metadata processing 1. To the extent necessary and proportionate to mitigate the risk of misuse of their services for the purpose of online child sexual abuse, providers of number independent interpersonal communication services shall be allowed, as a mitigating measure under Article 4, to process metadata. 2. All relevant service providers shall process metadata when ordered to do so by the Coordinating Authority of establishment in accordance with Article 5bis(4). When assessing whether to require a provider to process metadata, the Coordinating Authority shall take into account the interference with the rights to privacy and data protection of the users of the service that such a processing entails and determine whether, in the case at hand, the processing of metadata would be effective in mitigating the risk of use of the service for the purpose of child sexual abuse, strictly necessary and proportionate. 3. If they process metadata as a risk mitigation measure, providers shall inform their users of such processing in their terms and conditions, including information on the possibility to submit complaints.
Amendment 373 #
2022/0155(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In addition, to avoid undue interference with fundamental rights and ensure proportionality, when it is established that those requirements have been met and a detection order is to be issued, it should still be ensured that the detection order is targeted and specifiedjustified, proportionate and related only to an identifiable part of the specific service, user or group of users, as well as targeted and limited in time so as to ensure that any such negative consequences for affected parties do not go beyond what is strictly necessary to effectively address the significant risk identified. This should concern, in particular, a limitation to an identifiable part or component of the service where possible without prejudice to the effectiveness of the measure, such as specific types of channels of a publicly available interpersonal communications service, or to specific users or specific groups of users, to the extent that they can be taken in isolation for the purpose of detection, as well as the specification of the safeguards additional to the ones already expressly specified in this Regulation, such as independent auditing, the provision of additional information or access to data, or reinforced human oversight and review, and the further limitation of the duration of application of the detection order that the Coordinating Authority deems necessary. To avoid unreasonable or disproportionate outcomes, such requirements should be set after an objective and diligent assessment conducted on a case-by-case basis.
Amendment 379 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) take reasonable and effective measures to prevent child users from accessing the software applications in relation to which they have identified a significant risk of use of the service concerned for the purpose of the solicitation of children leading to an online child sex abuse;
Amendment 381 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) take the necessary age verification and age assessment measures to reliably identify child users on their services, in an effective, privacy- preserving and secure manner, enabling them to take the measures referred to in point (b).
Amendment 383 #
2022/0155(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The measures taken by providers of hosting services and providers of publicly available interpersonal communications services to execute detection orders addressed to them should remain strictly limited to what is specified in this Regulation and in the detection orders issued in accordance with this Regulation. In order to ensure the effectiveness of those measures, allow for tailored solutions, remain technologically neutral, and avoid circumvention of the detection obligations, those measures should be taken regardless of the technologies used by the providers concerned in connection to the provision of their services. Therefore, this Regulation leaves to the provider concerned the choice of the technologies to be operated to comply effectively with detection orders and should not be understood as incentivising or disincentivising the use of any given technology, provided that the technologies and accompanying measures meet the requirements of this Regulation. That includes the use ofIn accordance with Article 6a, nothing in this regulation shall be interpreted as prohibiting, or compromising the integrity and confidentiality of, end-to-end encryptied con technology, which is an important tool to guarantee the security and confidentiality of the communications of users, including those of childrennt or communications through client-side scanning with side- channel leaks or other measures by which the provider of a hosting service or a provider of interpersonal communication services provides third party actors with access to the end-to-end encrypted content and communications. When executing the detection order, providers should take all available safeguard measures to ensure that the technologies employed by them cannot be used by them or their employees for purposes other than compliance with this Regulation, nor by third parties, and thus to avoid undermining the security and confidentiality of the communications of users.
Amendment 387 #
2022/0155(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Encrypted services Member States shall not prevent providers of relevant information society services from offering encrypted services. But when offering them, providers have to make sure that they process metadata in order to detect known child sexual abuse material.
Amendment 389 #
2022/0155(COD)
Proposal for a regulation
Article 6 b (new)
Article 6 b (new)
Article 6 b Support for micro and small and medium sized enterprises The Commission shall be empowered to adopt delegated acts in accordance with Article 86 in order to supplement this Regulation with guidelines that foresee practical support for micro and small and medium sized enterprises in order for them to be able to fulfil the obligations of this Regulation.
Amendment 389 #
2022/0155(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) End-to-end encryption is an essential tool to guarantee the security, privacy and confidentiality of the communications between users, including those of children. Any weakening of the end-to-end encryption's effect could potentially be abused by malicious third parties. Nothing in this Regulation should therefore be interpreted as prohibiting or compromising the integrity and confidentiality of end-to-end encrypted content and communications. As compromising the integrity of end-to-end encrypted content and communications shall be understood the processing of any data, that would compromise or put at risk the integrity and confidentiality of the aforementioned end-to-end encrypted content. Nothing in this regulation shall thus be interpreted as justifying client-side scanning with side-channel leaks or other measures by which the provider of a hosting service or a provider of interpersonal communication services provide third party actors access to the end-to-end encrypted content and communications.
Amendment 398 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. TAs a last resort, the Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a detection order, limited in time, requiring a provider of hosting services or a provider of interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detect online child sexual abuse on a specific service.
Amendment 400 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Amendment 402 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – introductory part
Article 7 – paragraph 3 – subparagraph 1 – introductory part
Where the Coordinating Authority of establishment takes the preliminary view that the conditions of paragraph 4 have been met and the measures envisaged in the detection order are proportionate, it shall:
Amendment 405 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point b
Article 7 – paragraph 3 – subparagraph 1 – point b
(b) submit the draft request to the concerned provider and the EU Centre;
Amendment 407 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point d
Article 7 – paragraph 3 – subparagraph 1 – point d
(d) invite the EU Centre to provide its opinion on the draft request, within a time period of fourtwo weeks from the date of receiving the draft request.
Amendment 418 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 3
Article 7 – paragraph 3 – subparagraph 3
Where, having regard to the implementation plan of the provider and the opinion of the data protection authority, that Coordinating Authority continues to be of the view that the conditions of paragraph 4 have met, it shall submit the request for the issuance of the detection order, adjusted where appropriate, to the competent judicial authority or independent administrative authority. It shall attach the implementation plan of the provider and the opinions of the EU Centre and the data protection authority to that request.
Amendment 420 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – introductory part
Article 7 – paragraph 4 – subparagraph 1 – introductory part
The Coordinating Authority of establishment shall request the issuance of the detection order, and the competent judicial authority or independent administrative authority shall issue the detection order where it considers that the following conditions are met:
Amendment 432 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 3
Article 7 – paragraph 4 – subparagraph 3
As regards the second subparagraph, point (d), where that Coordinating Authority substantially deviates from the opinion of the EU Centre, it shall inform the EU Centre and the Commission thereof, specifying in detail the points at which it deviated and the main reasons for the deviation.
Amendment 440 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 6 – point a
Article 7 – paragraph 6 – point a
(a) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extent, for the dissemination of new child sexual abuse material, including live stream and live transmission;
Amendment 448 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
Article 7 – paragraph 8 – subparagraph 1
The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the detection order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereof.
Amendment 454 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
Article 7 – paragraph 9 – subparagraph 1
The competent judicial authority or independent administrative authority shall specify in the detection order the period during which it applies, indicating the start date and the end date.
Amendment 461 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The competent judicial authority or independent administrative authority shall issue the detection orders referred to in Article 7 using the template set out in Annex I. Detection orders shall include:
Amendment 465 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) identification details of the competent judicial authority or the independent administrative authority issuing the detection order and authentication of the detection order by that judicial or independent administrative authority;
Amendment 474 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point i
Article 8 – paragraph 1 – point i
(i) the date, time stamp and electronic signature of the judicial or independent administrative authority issuing the detection order;
Amendment 478 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
The competent judicial authority or independent administrative authority issuing the detection order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24.
Amendment 488 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Providers of hosting services and providers of interpersonal communications services that have received a detection order, as well as users affected by the measures taken to execute it, shall have a right to effective redress. That right shall include the right to challenge the detection order before the courts of the Member State of the competent judicial authority or independent administrative authority that issued the detection order.
Amendment 491 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
When the detection order becomes final, the competent judicial authority or independent administrative authority that issued the detection order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2).
Amendment 498 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
In respect of the detection orders that the competent judicial authority or independent administrative authority issued at its request, the Coordinating Authority of establishment shall, where necessary and in any event following reception of the reports referred to in paragraph 3, assess whether any substantial changes to the grounds for issuing the detection orders occurred and, in particular, whether the conditions of Article 7(4) continue to be met. In that regard, it shall take account of additional mitigation measures that the provider may take to address the significant risk identified at the time of the issuance of the detection order.
Amendment 500 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
That Coordinating Authority shall request to the competent judicial authority or independent administrative authority that issued the detection order the modification or revocation of such order, where necessary in the light of the outcome of that assessment. The provisions of this Section shall apply to such requests, mutatis mutandis.
Amendment 512 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point d a (new)
Article 10 – paragraph 3 – point d a (new)
(d a) effective in setting up a reliable age-based filter that verifies the age of users and effectively prevents the access of child users to websites subject to online child sexual abuse, and child sexual abuse offenses.
Amendment 521 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 4 – point d
Article 10 – paragraph 4 – point d
(d) establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to submit to it, within a reasonable timeframe, complaints about alleged infringements of its obligations under this Section, as well as any decisions that the provider may have taken in relation to the use of the technologies, including the removal or disabling of access to material provided by users, the refusal of removal, especially of self-generated CSAM, blocking the users’ accounts or suspending or terminating the provision of the service to the users, and process such complaints in an objective, effective and timely manner;
Amendment 540 #
2022/0155(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. TheAll providers shall establish and operate an easily found, accessible, age- appropriate and user-friendly mechanism that allows users to flag to the provider potential online child sexual abuse on the service. Those mechanisms shall allow for the submission of notices anonymously and exclusively by electronic means and for a clear indication of the exact electronic location of that information.
Amendment 541 #
2022/0155(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The provider shall establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to flag to the provider potential online child sexual abuse on the service, including child-friendly mechanisms of self- generated content self-reporting.
Amendment 554 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1) identified as constituting child sexual abuse material.
Amendment 558 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. The competent judicial authority or the independent administrative authority shall issue a removal order using the template set out in Annex IV. Removal orders shall include:
Amendment 559 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point a
Article 14 – paragraph 3 – point a
(a) identification details of the judicial or independent administrative authority issuing the removal order and authentication of the removal order by that authority;
Amendment 562 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point h
Article 14 – paragraph 3 – point h
(h) the date, time stamp and electronic signature of the judicial or independent administrative authority issuing the removal order;
Amendment 564 #
2022/0155(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Providers of hosting services that have received a removal order issued in accordance with Article 14, as well as the users who provided the material, shall have the right to an effective redress. That right shall include the right to challenge such a removal order before the courts of the Member State of the competent judicial authority or independent administrative authority that issued the removal order.
Amendment 566 #
2022/0155(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
When the removal order becomes final, the competent judicial authority or independent administrative authority that issued the removal order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2).
Amendment 569 #
2022/0155(COD)
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 1
Article 15 – paragraph 4 – subparagraph 1
The Coordinating Authority of establishment may request, when requesting the judicial authority or independent administrative authority issuing the removal order, and after having consulted with relevant public authorities, that the provider is not to disclose any information regarding the removal of or disabling of access to the child sexual abuse material, where and to the extent necessary to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences.
Amendment 570 #
2022/0155(COD)
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2 – point a
Article 15 – paragraph 4 – subparagraph 2 – point a
(a) the judicial authority or independent administrative authority issuing the removal order shall set the time period not longer than necessary and not exceeding six weeks, during which the provider is not to disclose such information;
Amendment 571 #
2022/0155(COD)
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2 – point c
Article 15 – paragraph 4 – subparagraph 2 – point c
(c) that judicial authority or independent administrative authority shall inform the provider of its decision, specifying the applicable time period.
Amendment 572 #
2022/0155(COD)
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 3
Article 15 – paragraph 4 – subparagraph 3
That judicial authority or independent administrative authority may decide to extend the time period referred to in the second subparagraph, point (a), by a further time period of maximum six weeks, where and to the extent the non-disclosure continues to be necessary. In that case, that judicial authority or independent administrative authority shall inform the provider of its decision, specifying the applicable time period. Article 14(3) shall apply to that decision.
Amendment 573 #
2022/0155(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Delisting orders 1. The competent authority shall have the power to issue an order requiring a provider of online search engines under the jurisdiction of that Member State to take reasonable measures to delist a Uniform Resource Locator corresponding to online locations where child sexual abuse material can be found from appearing in search results. 2. The provider shall execute the delisting order without undue delay. The provider shall take the necessary measures to ensure that it is capable of reinstating the Uniform Resource Locator to appear in search results. 3. Before issuing a delisting order, the issuing authority shall inform the provider, if necessary via the Coordinating Authority, of its intention to do so specifying the main elements of the content of the intended delisting order and the reasons for its intention. It shall afford the provider an opportunity to comment on that information, within a reasonable time period set by that authority. 4. A delisting order shall be issued where the following conditions are met: (a) the delisting is necessary to prevent the dissemination of the child sexual abuse material in the Union, having regard in particular to the need to protect the rights of the victims; (b) all necessary investigations and assessments, including of search results, have been carried out to ensure that the Uniform Resource Locator to be delisted correspond, in a sufficiently reliable manner, to online locations where child sexual abuse material can be found. 5. The issuing authority shall specify in the delisting order the period during which it applies, indicating the start date and the end date. The period of application of delisting orders shall not exceed five years. 6. The Coordinating Authority or the issuing authority shall, where necessary and at least once every year, assess whether any substantial changes to the grounds for issuing the delisting orders have occurred and whether the conditions of paragraph 4 continue to be met.
Amendment 574 #
2022/0155(COD)
Proposal for a regulation
Article 15 b (new)
Article 15 b (new)
Article 15 b Redress and provision of information 1. Providers of online search engines that have received a delisting order shall have a right to effective redress. That right shall include the right to challenge the delisting order before the courts of the Member State of the authority that issued the delisting order. 2. If the order is modified or repealed as a result of a redress procedure, the provider shall immediately reinstate the delisted Uniform Resource Locator to appearing in search results. 3. When the delisting order becomes final, the issuing authority shall, without undue delay, transmit a copy thereof to the Coordinating Authority. The Coordinating Authority shall then, without undue delay, transmit copies thereof to all other Coordinating Authorities and the EU Centre through the system established in accordance with Article 39(2). For the purpose of the first subparagraph, a delisting order shall become final upon the expiry of the time period for appeal where no appeal has been lodged in accordance with national law or upon confirmation of the delisting order following an appeal. 4. Where a provider prevents users from obtaining search results for child sexual abuse material corresponding to Uniform Resource Locator pursuant to a delisting order, it shall take reasonable measures to inform those users of the following: (a) the fact that it does so pursuant to a delisting order; (b) the right of providers of delisted Uniform Resource Locators corresponding to blocked online locations to judicial redress referred to in paragraph 1 and the users’ right to submit complaints to the Coordinating Authority in accordance with Article 34.
Amendment 576 #
2022/0155(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Providers of relevant information society services shall not be liable for child sexual abuse offences solely because they carry out, in good faith, the necessary activities to comply with the requirements of this Regulation, in particular activities. They shall also not be liable for carrying out, in good faith and in accordance with Article 4, voluntary measures and activities, in particular those aimed at detecting, identifying, removing, disabling of access to, blocking or reporting online child sexual abuse in accordance with those requirementsis Regulation.
Amendment 581 #
2022/0155(COD)
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. Each Member State shall ensure that a contact point is designated or established within the Coordinating Authority’s office to efficiently handle requests for clarification, feedback and other communications in relation to all matters related to the application and enforcement of this Regulation in that Member State. Member States shall make the information on the contact point publicly available and communicate it to the EU Centre. They shall keep that information updated.
Amendment 587 #
2022/0155(COD)
Proposal for a regulation
Article 25 – paragraph 8
Article 25 – paragraph 8
8. The EU Centre shall provide such assistance without undue delay, free of charge and in accordance with its tasks and obligations under this Regulation and insofar as its resources and priorities allow.
Amendment 589 #
2022/0155(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall ensure that the Coordinating Authorities that they designated perform their tasks under this Regulation in an objective, impartial, transparent and timely manner, while fully respecting the fundamental rights of all parties affected. Member States shall ensure thatprovide their Coordinating Authorities have adequatewith sufficient technical, financial and human resources to efficiently carry out their tasks.
Amendment 598 #
2022/0155(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The Coordinating Authorities shall ensure that relevant members of staff have the required qualifications, experience, integrity and technical skills to perform their duties.
Amendment 613 #
2022/0155(COD)
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32 a Public awareness campaigns Coordinating authorities shall in cooperation with the EU Center regularly carry out public awareness campaigns to inform about measures to prevent and combat child sexual abuse online and offline and how to seek child-fiendly and age appropriate reporting and assistance and to inform about victims rights.
Amendment 627 #
2022/0155(COD)
Proposal for a regulation
Article 38 – paragraph 2 a (new)
Article 38 – paragraph 2 a (new)
2 a. Coordinating Authorities shall increase public awareness regarding the nature of the problem of online child sexual abuse material, how to seek assistance, and how to work with providers of relevant information society services to efficiently detect, remove and block content and coordinate victim identification efforts undertaken in collaboration with existing victim identification programmes.
Amendment 628 #
2022/0155(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Coordinating Authorities shall efficiently cooperate with each other, any other competent authorities of the Member State that designated the Coordinating Authority, the Commission, the EU Centre and, other relevant Union agencies, including Europol particular Europol and hotlines, to facilitate the performance of their respective tasks under this Regulation and ensure its effective, efficient and consistent application and enforcement.
Amendment 631 #
2022/0155(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. The EU Centre shall establish and maintain one or more reliable and secure information sharing systems supporting communications between Coordinating Authorities, the Commission, the EU Centre, other relevant Union agencies, hotlines and providers of relevant information society services.
Amendment 634 #
2022/0155(COD)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. The Coordinating Authorities, the Commission, the EU Centre, other relevant Union agencies, hotlines and providers of relevant information society services shall use the information-sharing systems referred to in paragraph 2 for all relevant communications pursuant to this Regulation.
Amendment 651 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 a (new)
Article 3 – paragraph 2 – point b – indent 4 a (new)
- functionalities enabling age- appropriate parental controls, including with the use of AI;
Amendment 653 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 b (new)
Article 3 – paragraph 2 – point b – indent 4 b (new)
- functionalities enabling self- reporting, including with the use of AI;
Amendment 695 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The provider, where applicable, shall assess, in a separate section of its risk assessment, the voluntary use of specific technologies for the processing of personal and other data to the extent strictly necessary to detect, to report and to remove online child sexual abuse material from its services. Such voluntary use of specific technologies shall under no circumstances undermine the integrity and confidentiality of end-to-end encrypted content and communcations.
Amendment 862 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) take reasonable measures to prevent child users from accessing the software applications in relation to which they have identified a significant risk of use of the service concerned for the purpose of the solicitation of children; or where:
Amendment 864 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b – point i (new)
Article 6 – paragraph 1 – point b – point i (new)
i) the developer of the software application has decided and informed the software application store that its terms and conditions of use do not permit child users,
Amendment 865 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b – point ii (new)
Article 6 – paragraph 1 – point b – point ii (new)
ii) the software application has an appropriate age rating model in place, or
Amendment 866 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b – point iii (new)
Article 6 – paragraph 1 – point b – point iii (new)
iii) the developer of the software application has requested the software application store not to allow child users to download its software applications.
Amendment 875 #
2022/0155(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article6a End-to-end encrypted services Nothing in this Regulation shall be interpreted as prohibiting or compromising the integrity and confidentiality of end-to-end encrypted content and communications. As compromising the integrity of end-to-end encrypted content and communcations shall be understood the processing of any data that would compromise or put at risk the integrity and confidentiality of the content and communications in the end- to-end encryption. Nothing in this regulation shall thus be interpreted as justifying client-side scanning with side- channel leaks or other measures by which the provider of a hosting service or a provider of interpersonal communications services provides third party actors access to the end-to-end encrypted content.
Amendment 1017 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
Article 7 – paragraph 8 – subparagraph 1
The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the detection order, shall, in accordance with Article 8 of Regulation (EU) 2022/2065, target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b),2 remain limited to what is strictly necessary, justifiable and proportionate to effectively address the significant risk referred to in point (a) thereof, and limit the detection order to an identifiable part or component of a service, such as a specific channel of communication or a specific group of users identified with particularity for which the significant risk has been identified. In accordance with Article 6a, no such detection order shall be interpreted as prohibiting, or compromising the integrity and confidentiality of, end-to-end encrypted content and communications.
Amendment 269 #
2022/0051(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The behaviour of companies across all sectors of the economy is key to success in the Union’s sustainability objectives as Union companies, especially large ones, rely on global valuesupply chains. It is also in the interest of companies to respect and protect human rights and the environment, in particular given the rising concern of consumers and investors regarding these topics. Several initiatives fostering enterprises which support value-oriented transformation already exist on Union77 , as well as national78 level. Further, binding due diligence legislation has been implemented in several Member States such as France and Germany, which gives rise to the need for a level playing field for companies in order to avoid fragmentation and to provide legal certainty for businesses operating in the single market. _________________ 77 ‘Enterprise Models and the EU agenda’, CEPS Policy Insights, No PI2021-02/ January 2021. 78 E.g. https://www.economie.gouv.fr/entreprises/ societe-mission
Amendment 273 #
2022/0051(COD)
Proposal for a directive
Recital 5
Recital 5
(5) EWell-established existing international standards on responsible business conduct such as the United Nations Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises clarified in the OECD Due Diligence Guidance for Responsible Business Conduct specify that companies should respect and protect human rights and set out how they should address the protection of the environment across their operations and valuesupply chains. The United Nations Guiding Principles on Business and Human Rights79 recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships. These international standards should be the basis for this Directive. _________________ 79 United Nations’ “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”, 2011, available at https://www.ohchr.org/documents/publicati ons/guidingprinciplesbusinesshr_en.pdf.
Amendment 278 #
2022/0051(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The concept of human rights due diligence was specified and further developed in the OECD Guidelines for Multinational Enterprises80 which extended the application of due diligence to environmental and governance topics. The OECD Guidance on Responsible Business Conduct and sectoral guidance81 are internationally recognised frameworks setting out practical due diligence steps to help companies identify, prevent, mitigate and account for how they address actual and potential impacts in their operations, valuesupply chains and other business relationships. The concept of due diligence is also embedded in the recommendations of the International Labour Organisation (ILO) Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy.82, which should form the basis for this Directive. _________________ 80 OECD Guidelines for Multinational Enterprises, 2011 updated edition, available at http://mneguidelines.oecd.org/guidelines/.h ttps://mneguidelines.oecd.org/mneguidelin es/ 81 OECD Guidance on Responsible Business Conduct, 2018, and sector- specific guidance, available at https://www.oecd.org/investment/due- diligence-guidance-for-responsible- business-conduct.htm. 82 The International Labour Organisation’s “Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, Fifth Edition, 2017, available at: https://www.ilo.org/empent/Publications/ WCMS_094386/lang--en/index.htm.
Amendment 285 #
2022/0051(COD)
Proposal for a directive
Recital 8
Recital 8
(8) International agreements under the United Nations Framework Convention on Climate Change, to which the Union and the Member States are parties, such as the Paris Agreement84 and the recent Glasgow Climate Pact85 , set out precise avenues to address climate change and keep global warming within 1.5 C degrees for states as signatory parties. Besides specific actions being expected from all signatory Parties, the role of the private sector, in particular its investment strategies, is also considered central to achieve these objectives. _________________ 84 https://unfccc.int/files/essential_backgroun d/convention/application/pdf/english_paris _agreement.pdf. 85 Glasgow Climate Pact, adopted on 13 November 2021 at COP26 in Glasgow, https://unfccc.int/sites/default/files/resourc e/cma2021_L16_adv.pdf.https://unfccc.int/ sites/default/files/resource/cma2021_L16_ adv.pdf.
Amendment 288 #
2022/0051(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The Union is founded on the respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights as enshrined in the EU treaties and the EU Charter of Fundamental Rights. Those core values that have inspired the Union’s own creation, as well as the universality and indivisibility of human rights, and respect for the principles of the United Nations Charter and international law, should guide the Union’s action on the international scene. Such action includes fostering the sustainable economic, social and environmental development of developing countries.
Amendment 293 #
2022/0051(COD)
Proposal for a directive
Recital 10
Recital 10
(10) According to the Commission Communication on forging a climate- resilient Europe89 presenting the Union Strategy on Adaptation to climate change, new investment and policy decisions should be climate-informed and future- proof, including for larger businesses managing valuesupply chains. This Directive should be consistent with that Strategy. Similarly, there should be consistency with the Commission Directive […] amending Directive 2013/36/EU as regards supervisory powers, sanctions, third-country branches, and environmental, social and governance risks (Capital Requirements Directive)90 , which sets out clear requirements for banks’ governance rules including knowledge about environmental, social and governance risks at board of directors level. _________________ 89 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Forging a climate-resilient Europe – the new EU Strategy on Adaptation to Climate Change (COM/2021/82 final), available at https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=COM:2021:82:FIN. 90 OJ C […], […], p. […].
Amendment 294 #
2022/0051(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, their subsidiaries, as well as their established direct and indirect business relationships throughout their value chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the company’s value chain, sector or geographical area in which its value chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influence.
Amendment 295 #
2022/0051(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 296 #
2022/0051(COD)
Proposal for a directive
Recital 12
Recital 12
(12) This Directive is in coherence with the EU Action Plan on Human Rights and Democracy 2020-202499 . This Action Plan defines as a priority to strengthen the Union’s engagement to actively promote the global implementation of the United Nations Guiding Principles on Business and Human Rights and other relevant international guidelines such as the OECD Guidelines for Multinational Enterprises, including by advancing relevant due diligence standards OECD Guidelines for Multinational Enterprises as clarified in the OECD Due Diligence Guidance for Responsible Business Conduct as the relevant guidelines, including by advancing relevant due diligence standards. Therefore, these international standards should form the basis for the obligations on due diligence for companies set out in this Directive. _________________ 99 Joint Communication to the European Parliament and the Council on the EU Action Plan on Human Rights and Democracy 2020-2024 (JOIN/2020/5 final).
Amendment 299 #
2022/0051(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The European Parliament, in its resolution of 10 March 2021 calls upon the Commission to propose Union rules for a comprehensive corporate due diligence obligation100 . The Council Conclusions on Human Rights and Decent Work in Global Supply Chains of 1 December 2020 called upon the Commission to table a proposal for a Union legal framework on sustainable corporate governance, including cross- sector corporate due diligence obligations along global supply chains.101 The European Parliament also calls for clarifying directors` duties in its own initiative report adopted on 2 December 2020 on sustainable corporate governance. In their Joint Declaration on EU Legislative Priorities for 2022102 , the European Parliament, the Council of the European Union and the Commission have committed, to deliver on an economy that works for people, and to improve the regulatory framework on sustainable corporate governance. _________________ 100 European Parliament resolution of 10 March 2021 with recommendations to the Commission on corporate due diligence and corporate accountability (2020/2129(INL)), P9_TA(2021)0073, available at https://oeil.secure.europarl.europa.eu/oeil/p opups/ficheprocedure.do?lang=en&referen ce=2020/2129(INL). 101 Council Conclusions on Human Rights and Decent Work in Global Supply Chains, 1 December 2020 (13512/20). 102 Joint declaration of the European Parliament, the Council of the European Union and the European Commission on EU Legislative Priorities for 2022, available at https://ec.europa.eu/info/sites/default/files /joint_declaration_2022.pdf.
Amendment 301 #
2022/0051(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Adverse human rights and environmental impact occur in companies’ own operations, subsidiaries, products, and in their value chains, in particular at the level of raw material sourcing, manufacturing, or at the level of product or waste disposal. In order for the due diligence to have a meaningful impact, it should cover human rights and environmental adverse impacts generated throughout the life-cycle of production and use and disposal of product or provision of services, at the level of own operations, subsidiaries and in value chainsof operations in the value chains of companies within the scope.
Amendment 302 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The value chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company. It should encompass upstream established direct and indirect business relationships that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.
Amendment 304 #
2022/0051(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive aims to ensure that companies active in the internal market contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potential or actual adverse human rights and environmental impacts connected with companies’ own operations, subsidiaries and value chainssupply chains. This Directive is without prejudice to the responsibility of Member States to respect and protect human rights and the environment under international law.
Amendment 305 #
2022/0051(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their value chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to establishedshould cover business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the value chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that company relevant based on the risk and severity of adverse impacts associated therewith.
Amendment 307 #
2022/0051(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) In line with relevant EU and national law, all companies in the EU need to adhere to the protection of human rights and environmental standards. If that is not the case, Member States and their relevant authorities are required to enforce the legislation. Thus, there is no need for companies within the EU to control each other’s conduct. The goal of due diligence is to tackle risks in cases where human rights and environmental standards are not or cannot be enforced. Thus, tracing activities in the supply chain shall be focused on upstream level business relationships outside the EU.
Amendment 309 #
2022/0051(COD)
Proposal for a directive
Recital 14 b (new)
Recital 14 b (new)
(14b) This Directive is without prejudice to obligations in the areas of human rights, protection of the environment and climate change under other Union legislative acts. If the provisions of this Directive conflict with a provision of another Union legislative act pursuing the same objectives and providing for more extensive or more specific obligations, the provisions of the other Union legislative act should prevail to the extent of the conflict and should apply to those specific obligations. Examples of these obligations in Union legislative acts include obligations in the Conflict Minerals Regulation, the proposal for a Batteries Regulation or the proposal for a Regulation on deforestation-free supply chains.
Amendment 310 #
2022/0051(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Companies should take appropriate steps within their means to set up and carry out risk-based due diligence measures, with respect to their own operations, their subsidiaries, as well as their established direct anddirect business relationships outside the EU and in case of substantiated knowledge of risks, indirect business relationships throughoutoutside the EU in their valuesupply chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measureMoreover, administering information on a large number of business relationships is difficult. Therefore, the main obligations in this Directive should be ‘obligations of means’. In addition, while companies can be asked to prevent or mitigate adverse impacts that they caused or contributed to, it is still the responsibility of states to combat human rights violations worldwide. Companies should take the appropriate proportionate and commensurate measures within their means which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the respective company’s valuesupply chain, sector or geographical area in which its value chain partners operate, the company’s power to influence its direct and indirect business relationships,ize, risk factors including the sector and geographical area of activity, the likelihood and severity of the company's potential or actual adverse impacts and its specific circumstances, the company’s power, resources and leverage to influence its business relationships, whether they caused or contributed to the adverse impact or are directly linked to it and whether the company could increase its power of influencleverage.
Amendment 312 #
2022/0051(COD)
Proposal for a directive
Recital 28
Recital 28
(28) In order to ensure that due diligence forms part of companies’ corporate policies, and in line with the relevant international framework, companies should integrate due diligence into all their corporate policies and have in place a due diligence policy. The due diligence policy should contain a description of the company’s approach, including in the long term, to due diligence, a code of conduct describing the rules and principles to be followed by the company’s employees and subsidiaries; a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to established business relationships. The code of conduct should apply in all relevant corporate functions and operations, including procurement and purchasing decisions. Companies should also update their due diligence policy annually.
Amendment 317 #
2022/0051(COD)
(16) The risk-based due diligence process set out in this Directive should cover the six steps defined by the OECD Due Diligence Guidance for Responsible Business Conduct, which include due diligence measures for companies to identify and address adverse human rights and environmental impacts. This encompasses the following steps: (1) integrating due diligence into policies and management systems, (2) identifying and, assessing and prioritising adverse human rights and environmental impacts, (3) preventing, ceasing or minimising actual and potential adverse human rights, and environmental impacts, (4) assessing the effectiveness of measures, (5) communicating, (6) providing remediation.
Amendment 319 #
2022/0051(COD)
Proposal for a directive
Recital 34
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant. Where necessary due to the complexity of prevention measures, companies should develop and implement a prevention action plan. Companies should seek to obtain contractual assurances from a direct partner with whom they have an established business relationship that it will ensure compliance with the code of conduct or the prevention action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ value chain. The contractual assurances should be accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also make investments which aim to prevent adverse impacts, provide targeted and proportionate support for an SME with which they have an established business relationship such as financing, for example, through direct financing, low-interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of training, management systems upgrading, and collaborate with other companies.
Amendment 321 #
2022/0051(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Adverse human rights and environmental impact occur in companies’ own operations, subsidiaries, products, and in their value chains, in particulaaspects particularly occur at the level of raw material sourcing, and manufacturing, or at the level of product or waste disposal in the upstream supply chain operating outside the EU. In order for the due diligence to have a meaningful impact, it should cover human rights and environmental adverse impacts generated throughout the life-cycle of production and use and disposal of product or provision of servicthe level of companies’ own operations, operations of their subsidiaries, atnd the level of own operations, subsidiaries and in valueir business relationships outside the EU in their upstream supply chains.
Amendment 323 #
2022/0051(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Under the due diligence obligations set out by this Directive, if a company identifies actual human rights or environmental adverse impacts, it should take appropriate measures to bring those to an end. It can be expected that a company is able to bring to an end actual adverse impacts in their own operations and in subsidiaries. However, it should be clarified that, as regards establisheda business relationships, where adverse impacts cannot be brought to an end, companies should minimise the extent of such impacts. Minimisation of the extent of adverse impacts should require an outcome that is the closest possible to bringing the adverse impact to an end. To provide companies with legal clarity and certainty, this Directive should define which actions companies should be required to take for bringing actual human rights and environmental adverse impacts to an end and minimisation of their extent, where relevant depending on the circumstances.
Amendment 323 #
2022/0051(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Secondary raw materials can only be traced until the point where the recycled material is returned to the immediate supplier of the recycler and where the information is obtained and retained to demonstrate that the material is recycled. Therefore, due diligence obligations should not go beyond that point.
Amendment 325 #
2022/0051(COD)
Proposal for a directive
Recital 39
Recital 39
(39) So as to comply with the obligation of bringing to an end and minimising the extent of actual adverse impacts under this Directive, companies should be required to take the following actions, where relevant. They should neutralise the adverse impact or minimise its extent, with an action proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Where necessary due to the fact that the adverse impact cannot be immediately brought to an end, companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Companies should also seek to obtain contractual assurances from a direct business partner with whom they have an established business relationship that they will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain. The contractual assurances should be accompanied by the appropriate measures to verify compliance. Finally, companies should also make investments aiming at ceasing or minimising the extent of adverse impact, provide targeted and proportionate support for an SMEs with which they have an established business relationship and collaborate with other entities, including, where relevant, to increase the company’s ability to bring the adverse impact to an end.
Amendment 330 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The valuesupply chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company. It should encompass upstream established direct anddirect and, in cases of substantiated knowledge of adverse impacts, indirect business relationships, both outside the EU that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.directly necessary to carry out the company’s activities;
Amendment 332 #
2022/0051(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Companies should monitor the implementation and effectiveness of their due diligence measures. They should carry out periodic assessments of their own operations, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitigation of human rights and environmental adverse impacts. Such assessments should verify that adverse impacts are properly identified, due diligence measures are implemented and adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 months and be revised in-between if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen.
Amendment 336 #
2022/0051(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 341 #
2022/0051(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their value chainsupply chain that it caused or contributed to and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to establisheddirect business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the value chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that company outside the EU. In cases when there is substantiated knowledge of adverse impacts and the company has the means and leverage to influence those, meaning being directly linked to the adverse impact, companies should include indirect business relationships outside the EU.
Amendment 347 #
2022/0051(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) The concept of a company’s involvement in an adverse impact should clarify that the actions to be taken to address potential or actual adverse impacts depend on the level of involvement of a company in an adverse impact. The company’s involvement in an adverse impact should be in the form of the company causing the adverse impact, contributing to the adverse impact, or the company being directly linked to the adverse impact, meaning it was caused by its direct or indirect business relationship in the company’s supply chain without the company causing or contributing to it. Although the concepts of the company’s involvement in an adverse impact of ‘contributing to’ and ‘being directly linked to’ also exist in international standards, they should receive an autonomous definition in the Directive. With a view to ensure an effective protection of human rights and the environment, ‘causing’ should be understood as the companies own sole activities, and ‘contributing to’ should be understood as a company’s own activities in combination with or intervention of the activities of business relationships or facilitating or incentivising a business relationship to cause an adverse impact.
Amendment 348 #
2022/0051(COD)
Proposal for a directive
Recital 57
Recital 57
(57) As regards damages occurring at the level of established indirect business relationships, the liability of the company should be subject to specific conditions. The company should not be liable if it carried out specific due diligence measures. However, it should not be exonerated from liability through implementing such measures in case it was unreasonable to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the adverse impact. In addition, in the assessment of the existence and extent of liability, due account is to be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided as well as any collaboration with other entities to address adverse impacts in its value chains.
Amendment 349 #
2022/0051(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Under this Directive, EU companies established in the Union with more than 53000 employees on average and a worldwide net turnover exceeding EUR 150 million in the financial year preceding the last financial year should be required to comply with due diligence. As regards companies which do not fulfil those criteria, but which had more than 250 employees on average and more than EUR 40 million worldwide net turnover in the financial year preceding the last financial year and which operate in one or more high-impact sectors, due diligence should apply 2 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period. In order to ensure a proportionate burden, companies operating in such high-impact sectors should be required to comply with more targeted due diligence focusing on severe adverse impacts900 million in the financial year preceding the last financial year should be required to comply with due diligence. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103 , should be included in the calculation of the number of employees in the user company. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company. _________________ 103 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
Amendment 353 #
2022/0051(COD)
Proposal for a directive
Recital 22
Recital 22
Amendment 358 #
2022/0051(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In order to fully achieve fully the objectives of this Directive addressing human rights and adverse environmental impacts with respect to companies’ operations, subsidiaries and valuesupply chains, third-country companies with significant operations in the EU should also be covered. More specifically, the Directive should apply to third-country companies which generated a net turnover of at least EUR 150 million in the Union in the financial year preceding the last financial year or a net turnover of more than EUR 40 million but less thanhave a branch or subsidiary in the EU, had 3000 employees on average and generated a net worldwide turnover of at least EUR 15900 million in the last financial year preceding the last financial year in one or more of the high- impact sectors, as of 2 years after the end of the transposition period of this Directive.
Amendment 361 #
2022/0051(COD)
Proposal for a directive
Recital 24
Recital 24
(24) For defining the scope of application in relation to non-EUthird-country companies the describcompany in question needs turnover criterion should be choseno have a branch or subsidiary in the EU as it creates a territorial connection between the third- country companies and the Union territory. TIn addition, turnover is a proxy for the effects that the activities of those companies could have on the internal market. In accordance with international law, such effects justify the application of Union law to third-country companies. To ensure identification of the relevant turnover of companies concerned, the methods for calculating net turnover for non-EUthird-country companies as laid down in Directive (EU) 2013/34 as amended by Directive (EU) 2021/2101 should be used. To ensure effective enforcement of this Directive, an employee threshold should, in turn, not be applied also be applied as a benchmark to determine which third-country companies fall under this Directive, as to create a level- playing field, while taking into account that the notion of “employees” retained for the purposes of this Directive is based on Union law and could not be easily transposed outside of the Union. In the absence of a clear and consistent methodology, including in accounting frameworks, to determine the employThat is why the nexus to the EU needs of third-country companies, such employee threshold would therefore create legal uncertainty and would be difficult to apply for supervisory authoritiesto be ensured through having a branch or subsidiary in the EU. The definition of turnover should be based on Directive 2013/34/EU which has already established the methods for calculating net turnover for non-Union companies, as turnover and revenue definitions are similar in international accounting frameworks too. With a view to ensuring that the supervisory authority knows which third country companies generate the required turnover in the Union to fall under the scope of this Directive, this Directive should require that a supervisory authority in the Member State where the third country company’s authorised representative is domiciled or established and, where it is different, a supervisory authority in the Member State in which the company generated most of its net turnover in the Union in the financial year preceding the last financial year are informed that the company is a company falling under the scope of this Directive.
Amendment 363 #
2022/0051(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In order to achieve a meaningful contribution to the sustainability transition, due diligence under this Directive should be carried out with respect to adverse human rights impact on protected persons resulting from the violation of one of the rights and prohibitions as enshrined in the international conventions as listed in the Annex to this Directive. In order to ensure a comprehensive coverage of human rights, a violation of a prohibition or right not specifically listed in that Annex which directly impairs a legal interest protected in those conventions should also form part of the adverse human rights impact covered by this Directive, provided that the company concerned could have reasonably established the risk of such impairment and any appropriate measures to be taken in order to comply with the due diligence obligations under this Directive, taking into account all relevant circumstances of their operations, such as the sector and operational contextOECD Due Diligence Guidelines for Multinational Enterprises as clarified in the OECD Guidance for Responsible Business Conduct, as well as the UN Guiding Principles for Business and Human Rights. Due diligence should further encompass adverse environmental impacts resulting from the violation of one of the prohibitions and obligations pursuant to the international environmental conventions listed in the Annex to this DirectiveOECD Due Diligence Guidelines for Multinational Enterprises as clarified in the Guidance for Responsible Business Conduct as regards the environment.
Amendment 365 #
2022/0051(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Companies should have guidance at their disposal that illustrates how their activities may impact human rights and which corporate behaviour is prohibited in accordance with internationally recognised human rights. Such guidance is included for instance in The United Nations Guiding Principles Reporting Framework104 and the United Nations Guiding Principles Interpretative Guide105 . Using relevant international guidelines and standards as a and should be made easily accessible to companies. Therefeorence, the Commission should be able to issue additionalissue guidance that will serve as a practical tool for companies. _________________ 104 https://www.ungpreporting.org/wp- content/uploads/UNGPReportingFramewor k_withguidance2017.pdf. 105 https://www.ohchr.org/Documents/Issues/ Business/RtRInterpretativeGuide.pdf.https: //www.ohchr.org/Documents/Issues/Busine ss/RtRInterpretativeGuide.pdf.
Amendment 367 #
2022/0051(COD)
Proposal for a directive
Recital 27
Recital 27
(27) In order to conduct appropriate human rights, and environmental due diligence with respect to their operations, their subsidiaries, and their valuesupply chains, companies covered by this Directive should integrate due diligence into corporate policies, identify, prevent and mitigate as well as bring to an end and minimise the extent of potential and actual adverse human rights and environmental impacts that they cause or contribute to, establish and maintain a complaintsnotification procedure, monitor the effectiveness of the taken measures in accordance with the requirements that are set up in this Directive and communicate publicly on their due diligence in line with competition law. In order to ensure clarity for companies, in particular the steps of preventing and mitigating potential adverse impacts and of bringing to an end, or when this is not possible, minimising actual adverse impacts should be clearly distinguished in this Directive.
Amendment 372 #
2022/0051(COD)
(28) In order to ensure that due diligence forms part of companies’ corporate policies, and in line with the relevant international framework, companies should integrate due diligence into all their relevant corporate policies and have in place a risk- based due diligence policy. The due diligence policy should contain a description of the company’s approach, including in the long term, to due diligence, a code of conduct describing the rules and principles to be followed by the company’s employees and subsidiaries; a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to establishedits direct business relationships outside the EU. The code of conduct should apply in all relevant corporate functions and operations, including procurement and purchasing decisions. Companies should also update their due diligence policy annuallwhen relevant, meaning after a significant change occurs, such as operating in or sourcing from a new country.
Amendment 377 #
2022/0051(COD)
Proposal for a directive
Recital 29
Recital 29
(29) To comply with due diligence obligations, companies need to take appropriate measures with respect to identification, prevention and bringing to an end adverse impacts that it caused or contributed to. An ‘appropriate measure’ should mean a measure that is capable of achieving the objectives of due diligence, commensurate with the degree of severity and the likelihood of the adverse impact, and reasonably available to the company, taking into account the circumstances of the specific case, including characteristics of the economic sector and of the specific business relationship and the company’s influence thereof, and the need to ensure prioritisation of action. In this context, in line with international frameworks, the company’s influencleverage over a business relationship should include, on the one hand its ability to persuade the business relationship to take action to bring to an end or prevent adverse impacts (for example through ownership or factual control, market power, pre-qualification requirements, linking business incentives to human rights and environmental performance, etc.) and, on the other hand, the degree of influence or leverage that the company could reasonably exercise, for example through cooperation with the business partner in question or engagement with another company which is the direct business partner of the business relationship associated with adverse impact.
Amendment 378 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 379 #
2022/0051(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Under the due diligence obligations set out by this Directive, a company should identify actual or potential adverse human rights and environmental impacts. In order to allow for a comprehensive identification of adverse impacts, such identification should be based on meaningful stakeholder engagement and quantitative and qualitative information. For instance, as regards adverse environmental impacts, the company should obtain information about baseline conditions at higher risk sites or facilities in valuesupply chains. Identification of adverse impacts should include assessing the human rights, and environmental context in a dynamic way and in regular intervals: prior to a new activity or relationship, prior to major decisions or changes in the operation; in respoWhen identifying adverse impacts that they caused or contributed to, the company should be able to first map areas of their operations, the operations of their subsidiaries and, where related to their supply chainse, to or anticipation of changesheir direct business relationships outside the EU inf they operating environment; and periodically, at least every 12 me in risk areas, and based on ths, throughout the life of an activity or relationship. Regulated financial undertakings providing loan, credit, or other financial services should identify the adverse impacts only at the inception of the contract. When identifying adverse impacts, companies should also identify and assess the impact of ae results, carry out an in-depth risk assessment prioritising the areas where the adverse impacts are most likely to be present or most significant. Indirect business relationship’s business model and strategies, including trading, procurement and pricing pshall be taken into account then there is substantiated knowledge of risks in those operactices. Whereons that the company cannot prevent, bring to an end or minimize all its adverse impacts at the same time, it should be able to prioritize its action, provided it takes the measures reasonably available to the company, taking into account the specific circumstancesis directly linked to, e.g. based on information gathered in the notification procedure. Identification of adverse impacts should include assessing the human rights, and environmental context in a dynamic way after a significant change occurs, throughout the life of an activity or relationship.
Amendment 384 #
2022/0051(COD)
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) Where the company cannot prevent, mitigate, bring to an end or minimise all the identified actual and potential adverse impacts at the same time to the full extent, it should be allowed to prioritise them based on the severity and likelihood of the adverse impact. In line with the relevant international framework, the severity of an adverse impact should be assessed based on its gravity (scale of the adverse impact), the number of persons or the extent of the environment affected (scope of the adverse impact), its irreversibility, and difficulty to restore the situation prevailing prior to the impact (irremediable character of the adverse impact).
Amendment 385 #
2022/0051(COD)
Proposal for a directive
Recital 31
Recital 31
Amendment 388 #
2022/0051(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Where the company cannot prevent, mitigate, bring to an end or minimise all the identified actual and potential adverse impacts at the same time to the full extent, it should be allowed to prioritise them based on the severity and likelihood of the adverse impact. In line with the relevant international framework, the severity of an adverse impact should be assessed based on its gravity (scale of the adverse impact), the number of persons or the extent of the environment affected (scope of the adverse impact), its irreversibility, and difficulty to restore the situation prevailing prior to the impact (irremediable character of the adverse impact). In line with international standards, prevention and mitigation as well as bringing to an end and minimisation of adverse impacts should take into account the interests of those adversely impacted. In order to enable continuous engagement with the valuesupply chain business partner instead of termination of business relations (disengagement) and possibly exacerbating adverse impacts, this Directive should ensure that disengagement is a last-resort action, used only in cases of severe or repeated misconduct, after repeated attempts of bringing an actual adverse impact to an end have failed and only if it is in the best interest of those impacted (responsible disengagement), also in line with the Union`s policy of zero-tolerance on child labour. Terminating a business relationship in which child labour was found could expose the child to even more severe adverse human rights impacts. This should therefore be taken into account when deciding on the appropriate action to take. Moreover, responsible disengagement should also take into account possible impacts for those depending on the product or affected by disruptions of supply chains.
Amendment 392 #
2022/0051(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Under the due diligence obligations set out by this Directive, if a company identifies potential adverse human rights or environmental impacts, it should take appropriate measureproportionate and commensurate measures within their means to prevent andor adequately mitigate them. To provide companies with legal clarity and certainty, this Directive should set out the actions companies should becan be reasonably expected to take for prevention and mitigation of potential adverse impacts where relevant depending on the circumstances. and leverage. Companies should be obliged to take measures within their means to prevent or mitigate the adverse impacts that they cause or to which they contribute. When companies are not causing nor contributing to the adverse impacts occurring in their supply chain (so called ‘being directly linked to’ the adverse impact), they should use their influence to prevent or mitigate the adverse impact caused by their subsidiaries or business partners or to increase their influence to do so.
Amendment 397 #
2022/0051(COD)
Proposal for a directive
Recital 34
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant depending on the circumstances and their leverage. Where necessary due to the complexity of prevention measures, companies should develop and implement a prevention action plan. Companies shouldmay seek to obtain contractual or other assurances from a direct partner with whom they have an established direct business relationship outside the EU that it will ensure compliance with the code of conduct or the prevention action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ value chain. The contractual assurances should besupply chain where possible. The assurances may be, where appropriate, accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also make investments which aim to prevent adverse impacts, and, where appropriate, collaborate with other companies to that extent. Companies should also provide targeted and proportionate support for an SME with which they have an established direct business relationship outside the EU such as financing, for example, through direct financing, low-interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of training, management systems upgrading, and collaborate with other companies.
Amendment 402 #
2022/0051(COD)
Proposal for a directive
Recital 35
Recital 35
(35) In order to reflect the full range of options for the company in cases where potential impacts could not be addressed by the described prevention or minimisation measuresthere is substantiated knowledge of severe adverse impacts in indirect business relationships outside the EU, this Directive should also refer to the possibility for the company to seek to conclude a contract with the indirect business partnerrelationship, with a view to achieving compliance with the company’s code of conduct or a prevention action plan, and conduct appropriate measures to verify compliance of the indirect business relationship with the contract. This possibility should be taken into account on an ad-hoc basis and following the engagement with stakeholders.
Amendment 405 #
2022/0051(COD)
Proposal for a directive
Recital 36
Recital 36
Amendment 409 #
2022/0051(COD)
Proposal for a directive
Recital 37
Recital 37
(37) As regards direct andor where applicable indirect business relationships, industry cooperation, industry schemes and multi- stakeholder initiatives can help create additional leverage to identify, mitigate, and prevent adverse impacts. Therefore, it should be possible for companies to rely on such initiatives to support the implementation of their due diligence obligations laid down in this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. CompaniMember States cshould assess, at their own initiative, the alignment of these schemes and initiatives with the obligations under this Directive and assess their feasibility. However, membership of such schemes should complement, not replace company due diligence efforts. In order to ensure full information on such initiatives, the Directive should also refer to the possibilityquire for the Commission and the Member States to facilitate the dissemination of information on such schemes or initiatives and their outcomes. The Commission, in collaboration with Member States, may should issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
Amendment 413 #
2022/0051(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Under the due diligence obligations set out by this Directive, if a company identifies actual human rights or environmental adverse impacts that it caused or contributed to, it should take appropriate measures to bring those to an end. It can be expected that a company is able to bring to an end actual adverse impacts in theirits own operations and inthose of its subsidiaries. However, it should be clarified that, as regards established business relationships, where adverse impacts cannot be brought to an end, companies should minimise the extent of such impacts. Minimisation of the extent of adverse impacts should require an outcome that is the closest possible to bringing the adverse impact to an end. To provide companies with legal clarity and certainty, this Directive should define which actions companies shcould be reasonably required to take within their means for bringing actual human rights and environmental adverse impacts to an end and minimisation of their extent, where relevant depending on the circumstances. When companies are neither causing nor contributing to the adverse impacts, meaning they are directly linked to the adverse impact, they should be obliged to use their influence to bring to an end or minimise the extent of the adverse impact caused by their subsidiaries or business relationships or to increase their influence to do so.
Amendment 418 #
2022/0051(COD)
Proposal for a directive
Recital 39
Recital 39
(39) So as to comply with the obligation of bringing to an end and minimising the extent of actual adverse impacts under this Directive, companies should be required to take the following actions, where relevant within their means, where relevant depending on the circumstances. They should neutralise the adverse impact or minimise its extent, with an action proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Where necessary due to the fact that the adverse impact cannot be immediately brought to an end, companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuonitoring improvement. Companies should alsomay also, where possible and where deemed necessary following engagement with stakeholders, seek to obtain contractual or other assurances from a direct business partner with whom they have an established business relationship that they will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s valuesupply chain. The contractual assurances should beassurances may be, where appropriate, accompanied by the appropriate measures to verify compliance. Finally, companies should also make investments aiming at ceasing or minimising the extent of adverse impact, provide targeted and proportionate support for an SMEs with which they have an established direct business relationship and collaborate with other entities, including through industry initiatives, where relevant, to increase the company’s ability to bring the adverse impact to an end.
Amendment 422 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, and other individuals, groups, communities or entities whose rights or interests are or could be affected by the products, services and operations of that company, its subsidiaries and its business relationships;
Amendment 423 #
2022/0051(COD)
Proposal for a directive
Recital 40
Recital 40
(40) In order to reflect the full range of options for the company in cases where actual impacts could not be addressed by the described measures, this Directive should also refer to the possibility for the company to seek to conclude a contract with the indirect business partner, where appropriate, with a view to achieving compliance with the company’s code of conduct or a corrective action plan, and conduct appropriate measures to verify compliance of the indirect business relationship with the contract.
Amendment 425 #
2022/0051(COD)
Proposal for a directive
Recital 41
Recital 41
(41) In order to ensure that bringing actual adverse impacts to an end or minimising them is effective, companies should prioritize engagement with business relationships in the valuesupply chain, instead of terminating the business relationship, as a last resort action after attempting ato bringing actual adverse impacts to an end or minimising them without success. However, this Directive should also, for cases where actual adverse impacts could not be brought to an end or adequately mitigated by the described measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercialbusiness relationships with the partner in question, while pursuing efforts to bring to an end or minimise the extent of the adverse impact, or terminate the business relationship with respect to the activities concerned, if the adverse impact is considered severe and only if this is in the best interest of those impacted (responsible disengagement). In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws.
Amendment 426 #
2022/0051(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Companies should provide the possibility for persons and organisations to submit complaintsinformation directly to them in case of legitimate concerns regarding actual or potential human rights and environmental adverse impacts. Organisations who could submit such complaintsinformation should include trade unions and other workers’ representatives representing individuals working in the valuesupply chain concerned and civil society organisations active in the areas related to the valuesupply chain concerned where they have substantiated and documented knowledge about a potential or actual adverse impact. Companies should establish a procedure for dealing with those complaintnotifications and inform workers, trade unions and other workers’ representatives, where relevant, about such processes. Recourse to the complaints and remedinotification mechanism should not prevent the complaininformant from having recourse to judicial remedies. In accordance with international standards, complaiinformants should be entitled to request from the company appropriate follow-up on the complaint andnotification. This can include to meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaintnotification. This access should not lead to unreasonable solicitations of companies nor to sanctions. Companies may deal with notifications as a group, for example within an industry initiative.
Amendment 431 #
2022/0051(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Companies should monitor the implementation and effectiveness of their due diligence measures. They should carry out periodiccontinuous assessments of their own operations, those of their subsidiaries and, where related to the valuesupply chains of the company, those of their established business relationships outside the EU, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitigation of human rights and environmental adverse impacts. Such assessments should verify that adverse impacts are properly identified, due diligence measures are implemented and if adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 months and be revised in- betweenwhen deemed necessary after a significant change occurs, such as operating in or sourcing from a new country or if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen.
Amendment 439 #
2022/0051(COD)
Proposal for a directive
Recital 44
Recital 44
(44) Like in the existing international standards set by the United Nations Guiding Principles on Business and Human Rights and the OECD framework, it forms part of the due diligence requirement to communicate externally relevant information on due diligence policies, processes and activities conducted to identify and address actual or potential adverse impacts, including the findings and outcomes of those activities. The proposal to amend Directive 2013/34/EU as amended regardsing corporate sustainability reporting sets out relevant reporting obligations for the companies covered by this directive. In order to avoid duplicating reporting obligations, this Directive should therefore not introduce any new reporting obligations in addition to those under Directive 2013/34/EU for the companies covered by that Directive as well as the reporting standards that should be developed under it. As regards companies that are within the scope of this Directive, but do not fall under Directive 2013/34/EU, in order to comply with their obligation of communicating as part of the due diligence under this Directive, they should publish on their website an annual statement in a language customary in the sphere of international businessone of the official languages of the Union.
Amendment 442 #
2022/0051(COD)
Proposal for a directive
Recital 45
Recital 45
(45) In order to facilitate companies’ compliance with their due diligence requirements throughas regards their valuesupply chain and limiting shifting compliance burden on SME business partners, in particular SMEs, the Commission should provide guidance on model contractual clauses.
Amendment 448 #
2022/0051(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Although SMEs are not included in the scope of this Directive, they could be heavily impacted by its provisions as contractors or subcontractors to the companies which are in the scope. The aim is nevertheless to mitigate the immense financial or administrative burden on SMEs, many of which are already struggling in the context of the global economic and sanitary crisis. In order to support companies in the implementation, including SMEs, Member States should set up and operate, either individually or jointly, dedicated websites, portals or platforms, to provide information and support to companies, and Member States cshould also financially support SMEs specifically and help them build capacity. Such support should also be made accessible, and where necessary adapted and extended to upstream economic operators in third countries. Companies whose business partner is an SME, are also encouraged tshould also support them to comply with due diligence measures, in case such requirements would jeopardize the viability of the SME and use fair, reasonable, non-discriminatory and proportionate requirements vis-a-vis the SMEs.
Amendment 450 #
2022/0051(COD)
Proposal for a directive
Recital 48
Recital 48
(48) In order to complement Member State support to companies in their implementation, including SMEs, the Commission mayshould build on existing EU tools, projects and other actions helping with the due diligence implementation in the EU and in third countries. It may set up new support measures that provide help to companies, including SMEs on due diligence requirements, including an observatory for valuesupply chain transparency and the facilitation and assessment of joint stakeholder initiatives.
Amendment 452 #
2022/0051(COD)
Proposal for a directive
Recital 49
Recital 49
(49) The Commission and Member States should continue to work in partnership with third countries to support upstream economic operators build the capacity to effectively prevent and mitigate adverse human rights and environmental impacts of their operations and business relationships, paying specific attention to the challenges faced by smallholders. They should use their neighbourhood, development and international cooperation instruments, including Free Trade Agreements, to support third country governments and upstream economic operators in third countries addressing adverse human rights and environmental impacts of their operations and upstream business relationships. This could include working with partner country governments, the local private sector and stakeholders on addressing the root causes of adverse human rights and environmental impacts.
Amendment 455 #
2022/0051(COD)
Proposal for a directive
Recital 50
Recital 50
(50) In order to ensure that this Directive effectively contributes to combating climate change, companies should adopt a plan to ensure that the business model and strategy of the company are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement. In case climate is or should have beenin case climate is identified as a principal risk for or a principal impact of the company’s operations, the company should include emissions reduction objectives in its planclimate objectives in its due diligence policy regarding environmental adverse impacts.
Amendment 457 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that appropriate resources, for the purposes of identifying the adverse impacts referred to in paragraph 1 based on, where appropriate, quantitative and qualitative, are made available to companies inf ormation, companies are entitled to make use of appropriate resources, includingder to enable compliance with the Directive. Member States may work with the Commission to prepare appropriate resources and shall be entitled to make use of independent reports and information gathered through the complaints procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations with potentially affected groups including workers and other relevant stakeholders to gather information on actual or potential adverse impacts.
Amendment 457 #
2022/0051(COD)
Proposal for a directive
Recital 51
Recital 51
Amendment 460 #
2022/0051(COD)
Proposal for a directive
Recital 53
Recital 53
(53) In order to ensure the monitoring of the correct implementation of companies’ due diligence obligations and ensure the proper enforcement of this Directive, Member States should designate one or more national supervisory authorities. These supervisory authorities should be of a public nature, independent from the companies falling within the scope of this Directive or other market interests, and free of conflicts of interest. In accordance with national law, Member States should ensure appropriate financing of the competent authority. They should be entitled to carry out investigations, on their own initiative or based on complaints or substantiated concerns raised under this Directive. Where competent authorities under sectoral legislation exist, Member States could identify those as responsible for the application of this Directive in their areas of competence. They could designate authorities for the supervision of regulated financial undertaking also as supervisory authorities for the purposes of this Directive.
Amendment 462 #
2022/0051(COD)
Proposal for a directive
Recital 54
Recital 54
(54) In order to ensure effective enforcement of national measures implementing this Directive, Member States should provide for dissuasive, proportionate and effective administrative sanctions for infringements of those measures. In order for such sanction regime to be effective, administrative sanctions to be imposed by the national supervisory authorities should include pecuniary sanctions. Where the legal system of a Member State does not provide for administrative sanctions as foreseen in this Directive, the rules on administrative sanctions should be applied in such a way that the sanction is initiated by the competent supervisory authority and imposed by the judicial authority. Therefore, it is necessary that those Member States ensure that the application of the rules and sanctions has an equivalent effect to the administrative sanctions imposed by the competent supervisory authorities.
Amendment 464 #
2022/0051(COD)
Proposal for a directive
Recital 55
Recital 55
(55) In order to ensure consistent application and enforcement of national provisions adopted pursuant to this Directive, national supervisory authorities should actively cooperate and coordinate their action. For that purpose a European Network of Supervisory Authorities should be set up by the Commission and the supervisory authorities should assist each other in performing their tasks and provide mutual assistance.
Amendment 465 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. The prevention action plan shall be developed in consultation with affected stakeholders, when appropriate;
Amendment 470 #
2022/0051(COD)
Proposal for a directive
Recital 56
Recital 56
(56) In order to ensure effective compensation of victims of adverse impacts, Member States should be required to lay down rules governing the civil liability of companies for damages arising due to its intentional or gross negligent failure to comply with the due diligence process. The company should be liable for damages if thethat they directly caused if they intentionally or gross negligently failed to comply with the obligations to prevent and mitigate potential adverse impacts or to bring actual impacts to an end and minimise their extent, and as a result of this failure an adverse impact that it directly caused and that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures occurred and led to damage.
Amendment 474 #
2022/0051(COD)
Proposal for a directive
Recital 57
Recital 57
Amendment 479 #
2022/0051(COD)
Proposal for a directive
Recital 59
Recital 59
(59) As regards civil liability rules, the civil liability of a company for damages arising due to its failure to carry out adequate due diligencethat it directly caused should be without prejudice to civil liability of its subsidiaries or the respective civil liability of direct and indirect business partnerbusiness in the valuesupply chain. Also, the civil liability rules under this Directive should be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive.
Amendment 483 #
2022/0051(COD)
Proposal for a directive
Recital 61
Recital 61
Amendment 484 #
2022/0051(COD)
Proposal for a directive
Recital 62
Recital 62
Amendment 485 #
2022/0051(COD)
Proposal for a directive
Recital 63
Recital 63
Amendment 486 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate a proportionate manner to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact;
Amendment 486 #
2022/0051(COD)
Proposal for a directive
Recital 64
Recital 64
Amendment 493 #
2022/0051(COD)
Proposal for a directive
Recital 70
Recital 70
Amendment 495 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end, develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Where relevant, the corrective action plan shall be developed in consultation with affected stakeholders;
Amendment 495 #
2022/0051(COD)
Proposal for a directive
Recital 71
Recital 71
(71) The objective of this Directive, namely better exploiting the potential of the single market to contribute to the transition to a sustainable economy and contributing to sustainable development through the prevention and mitigation of potential or actual human rights and environmental adverse impacts in companies’ value chains, cannot be sufficiently achieved by the Member States acting individually or in an uncoordinated manner, but can rather, by reason of the scale and effects of the actions, be better achieved at Union level. In particular, addressed problems and their causes are of a transnational dimension, as many companies are operating Union wide or globally and value chains expand to other Member States and to third countries. Moreover, individuala growing number of individual and different Member States’ measures risk being ineffective, unworkable for companies to comply with, and lead to fragmentation of the internal market. Therefore, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
Amendment 501 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – introductory part
Article 1 – paragraph 1 – subparagraph 1 – introductory part
This DirectiveRegulation lays down rules
Amendment 506 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts and environmental adverse impacts that they caused, contributed to or are directly linked to, with respect to their own operations, the operations of their subsidiaries, and the valuesupply chain operations carried out by entities with whom the company has an establishedtheir business relationships outside the EU and
Amendment 512 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point b
Article 1 – paragraph 1 – subparagraph 1 – point b
(b) on liability for violations of the obligations mentioned abovedamages that occurred in the operations described above which a company directly intentionally or gross negligently caused.
Amendment 514 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) persons who are affected or have reasonable grounds to believe that they might be affected by an adverse impact, in case the complainant is a child, a legal guardian may bring a complaint on behalf of the child,
Amendment 519 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
Amendment 523 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) civil society organisations recognised by EU and/or UN active in the areas related to the valuesupply chain concerned.
Amendment 528 #
2022/0051(COD)
2a. Member States shall not introduce, in their national law, more stringent provisions than those laid down in this Directive, unless otherwise provided for in this Directive.
Amendment 531 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
(b) to meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaint.
Amendment 536 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to companies which are formed in accordance with the legislation of a Member State and which fulfil one of the following conditions:had more than 3000 employees on average and had a net worldwide turnover of more than EUR 900 million in the last financial year for which annual financial statements have been prepared;
Amendment 540 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 549 #
2022/0051(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, mayshall issue guidelines, including for specific sectors or specific adverse impacts.
Amendment 549 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 596 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. This Directive shall also apply to companies which are formed in accordance with the legislation of a third country, and fulfil one of the following conditions:have a domestic branch office or subsidiary in a Member State and which had at least 3000 employees and had a net worldwide turnover of more than EUR 900million in the last financial year for which annual financial statements have been prepared;.
Amendment 602 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – subheading 2
Annex I – Part I – subheading 2
Human rights and fundamental freedoms conventions to which the EU is a signatory
Amendment 602 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 608 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – indent 13 a (new)
Annex I – Part I – indent 13 a (new)
- UN Guiding Principles for Human Rights and Business (UNGPs);
Amendment 609 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – indent 13 b (new)
Annex I – Part I – indent 13 b (new)
- OECD Due Diligence Guidance for Responsible Business Conduct;
Amendment 611 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 635 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. In case of a group of companies: (a) the parent company, whether or not it meets the thresholds mentioned in paragraphs 1 or 2, may perform the Due Diligence obligations laid down in this Directive on behalf of any or all its subsidiaries which meet the thresholds in paragraph 1 or 2; (b) any subsidiary shall be deemed in compliance with the obligations laid down in this Directive where their parent company includes those subsidiaries in its due diligence corporate policy.
Amendment 649 #
Amendment 667 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘adverse environmental impact’ means an adverse impact on the environment resulting from the violation of one of the prohibitions and obligations pursuant to the international environmental conventions listed in the Annex, Part II; inciples set out in the OECD Due Diligence Guidelines for Multinational Enterprises as clarified in the OECD Guidance for Responsible Business Conduct as regards the environment and climate.;
Amendment 676 #
2022/0051(COD)
(c) ‘adverse human rights impact’ means an adverse impact on protected persons that may impair the full enjoyment of human rights resulting from the violation of one of the prights or prohibitions listed in the Annex, Part I Section 1, as enshrined in the international conventions listed in the Annex, Part I Section 2nciples set out in the OECD Due Diligence Guidelines for Multinational Enterprises as clarified in the OECD Guidance for Responsible Business Conduct and the UN Guiding Principles on Business and Human Rights;
Amendment 682 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) ‘adverse impact’ means an adverse environmental impact and adverse human rights impact;
Amendment 684 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c b (new)
Article 3 – paragraph 1 – point c b (new)
(cb) ‘to cause an adverse impact’ means a company’s own actions that directly led to the adverse impact.
Amendment 685 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c c (new)
Article 3 – paragraph 1 – point c c (new)
(cc) ‘to contribute to an adverse impact’ means a company’s own actions in combination with the activities of other entities cause an adverse impact, or if the activities of a company cause, facilitate or incentivise another entity to cause an adverse impact. Contribution must be substantial, meaning that it does not include minor or trivial contributions. The substantial nature of the contribution and understanding when the actions of the enterprise may have caused, facilitated or incentivised another entity to cause an adverse impact may involve the consideration of multiple factors. The following factors can be taken into account: – the extent to which an enterprise may encourage or motivate an adverse impact by another entity, i.e. the degree to which the activity increased the risk of the impact occurring. – the extent to which an enterprise could or should have known about the adverse impact or potential for adverse impact, i.e. the degree of foreseeability. – the degree to which any of enterprise’s activities actually mitigated the adverse impact or decreased the risk of the impact occurring. The mere existence of a business relationship or activities which create the general conditions in which it is possible for adverse impacts to occur does not necessarily represent a relationship of contribution. The activity in question should substantially increase the risk of adverse impact.
Amendment 687 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c d (new)
Article 3 – paragraph 1 – point c d (new)
(cd) being ‘directly linked to an adverse impact’ means that there is a relationship between the adverse impact and the company’s products, services or operations through another business relationship. Directly linked is not defined by direct contractual relationships. Also, a direct linkage does not imply that the responsibility shifts from the entity causing an adverse impact to the enterprise with which it has a linkage.
Amendment 690 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Article 3 – paragraph 1 – point e – introductory part
(e) ‘direct business relationship’ means a business relationship with a direct contractor, subcontractor or any other legal entities (‘partner’)ual relation for the supply of goods or the provision of services whose supplies are necessary for the production of the enterprise’s product or the provision and use of the relevant service, which is relevant based on the severity and likelihood of adverse impacts and is outside the European Union.
Amendment 697 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – point i
Article 3 – paragraph 1 – point e – point i
Amendment 700 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – point ii
Article 3 – paragraph 1 – point e – point ii
Amendment 711 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘establishedindirect business relationship’ means a business relationship, whether direct or indirect, which is, or which is expected to be lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the value chaiich is not a direct supplier and whose supplies are necessary for the production of the enterprise’s product or the provision and use of the relevant service, which is relevant based on the severity and likelihood of adverse impacts and is outside the European Union;
Amendment 718 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
Amendment 727 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’ means activities related to the production and supply of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘value chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, c as far as these activities are dit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The value chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;rectly necessary for the production of the goods or the provision of the services.
Amendment 734 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
(ga) ‘leverage’ means the ability of a company, depending on size and importance to supplier’s revenue or the functioning of its business operations, to affect change in the wrongful practices of the entity that causes or contributes to the adverse impact in the supply chain;
Amendment 746 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point h a (new)
Article 3 – paragraph 1 – point h a (new)
(ha) For the purposes of point (h), the Commission shall adopt a delegated act in accordance with Article 28 to specify the minimum standards for the independent third-party verification;
Amendment 753 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point j a (new)
Article 3 – paragraph 1 – point j a (new)
(ja) For the purposes of point (j), the Commission shall adopt a delegated act in accordance with Article 14b and 28 to specify the minimum standards for the industry initiative to be recognised by one Member States as feasible;
Amendment 754 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
Amendment 765 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, employees within its supply chain and other relevant individuals, groups, communities or entities whose rights or vested interests are or could be directly affected by the potential and actual adverse environmental and human rights impacts connected to the products, services and operations of that company, its subsidiaries and its business relationships;
Amendment 776 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
Amendment 781 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point p
Article 3 – paragraph 1 – point p
Amendment 785 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) ‘appropriate measure’ means a measure that is capable of achieving the objectives of due diligence, commensurate with the degree of severity and the likelihood of the adverse impact, and proportionate to the size, reasonably available tources and capacities of the company, taking into account the circumstances of the specific case, including characteristics of the economic sector and of the specific business relationship and the company’s influence thereof, and the need to ensure prioritisation of actionleverage in that relationship, and the principle of risk-based prioritisation of action. Companies are not required to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. The main obligations in this Directive are obligations of means;
Amendment 795 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q c (new)
Article 3 – paragraph 1 – point q c (new)
(qc) ‘risk factors’ means enterprise- level risk factors, geographic risk factors, and sectoral risk factors. The Commission shall prepare a list of risk factors with accompanying guidance as described in Article 13;
Amendment 796 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q d (new)
Article 3 – paragraph 1 – point q d (new)
(qd) ‘Group’ means a parent company and all its subsidiary undertakings as defined by Article 2 of the Directive 2013/34/EU of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and83/349/EE;
Amendment 802 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that companies conduct risk-based human rights and environmental due diligence as laid down in Articles 5 to 11 (‘due diligence’) by carrying out the following actions:
Amendment 804 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) identifying and prioritising actual or potential adverse impacts that they caused or contributed to or are directly linked to in accordance with Article 6;
Amendment 808 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) preventing andor mitigating potential adverse impacts that they caused or contributed to, and bringing actual adverse impacts to an end andhat they caused or contributed to an end or minimising their extent in accordance with Articles 7 and 8;
Amendment 812 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) establishing and maintaining a complaintsnotification procedure in accordance with Article 9;
Amendment 835 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that companies integrate due diligence into all their relevant corporate policies and have in place a due diligence policy. The due diligence policy shall contain all of the following:
Amendment 848 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a description of the processes put in place to implement due diligence, including, where relevant, the measures taken to verify compliance with the code of conduct and to extend its application to established business relationships;
Amendment 860 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the companies continuously update their due diligence policy annuallywhen significant changes occur.
Amendment 865 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Companies shall carry out a due diligence policy which is proportionate and commensurate to the likelihood and severity of their potential or actual adverse impacts and their specific circumstances and risk factors, particularly their sector and location of activity, the size and length of their supply chain, the size of the company, its capacity, resources and leverage.
Amendment 872 #
2022/0051(COD)
Proposal for a directive
Article 6 – title
Article 6 – title
Identifying and prioritising actual and potential adverse impacts
Amendment 876 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identifywithin their means to identify whether they cause or contribute to or are directly linked to actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, w in their business relationships. Where related to their valuesupply chains, from their established business relationships, in accordance with paragraph 2, 3 and 4companies shall assess adverse impacts arising from their direct business relationships located outside the EU that they cause or contribute to. In case of substantiated knowledge, companies shall assess adverse impacts arising from their indirect business relationships outside the EU that they are directly linked to, in accordance with paragraph 2, 3 and 4. In cases where an enterprise has structured a direct business relationship in an improper manner or has engaged in a transaction in order to circumvent the due diligence obligations with regard to the direct supplier, an indirect business relationship is deemed to be a direct business relationship.
Amendment 884 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Companies shall identify whether they cause, contribute to or are directly linked to actual and potential adverse human rights impacts and adverse environmental impacts based on a risk assessment and risk-based monitoring methodology, taking into account the likelihood, severity and urgency of adverse impacts, the nature and context of their operations, including sector and geographic location based on the Commission guidelines set out in Article 13. Companies only need to assess business relationships outside the EU and only where risk factors are likely.
Amendment 888 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. Where a company is not in a position to identify all potential or actual adverse impacts that it caused, contributed to or is directly linked to at the same time, it shall prioritise risk factors based on their severity. Risk assessments under this article shall take into account the perspective of stakeholders where relevant.
Amendment 891 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
1c. If a company concludes that it does not cause, contribute to, or that it is not directly linked to any potential or actual adverse impact, it shall publish a statement to that effect on its website (in accordance with Art. 11) and shall thus be considered in compliance with the Directive. In particular, that company may conclude that it has encountered no adverse impacts on human rights or the environment if its impacts identification determines that its direct suppliers perform due diligence in line with this directive. That statement shall be reviewed in the event that new risks emerge or in the event of that company entering into new business relationships that can pose risks.
Amendment 892 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1 d (new)
Article 6 – paragraph 1 d (new)
1d. Companies are encouraged to take these measures in cooperation with industry initiatives.
Amendment 895 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 902 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 909 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying and prioritising the adverse impacts referred to in paragraph 1 based on, where appropriate, quantitative and qualitative information, companies are entitled to make use of appropriate resources, including independent reports and information gathered through the complaintsnotification procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations engage with potentially affected groups including workers and other relevant stakeholders to gather information on actual or potential adverse impacts.
Amendment 916 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. In the event that not all the necessary information regarding its supply chain is available, the parent company shall explain the efforts made to obtain the necessary information about its supply chain, the reasons why not all of the necessary information could be obtained, and its plans to obtain the necessary information in the future.
Amendment 925 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that companies take appropriate proportionate and commensurate measures to prevent, or where prevention is not possible or not immediately possible, adequately mitigate potential adverse human rights impacts and adverse environmental impacts that have been, or shouldthey cause or contribute to and that have been, identified pursuant to Article 6, in accordance with paragraphs 2, 3, 4 and 5 of this Article. Companies that are directly linked to potential adverse impacts without causing or contributing to them are required to make use of their leverage to the extent possible to mitigate adverse impacts.
Amendment 933 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuonitoring improvement. The prevention action plan shall be developed in consultationmeaningful engagement with affected stakeholders where relevant; companies are encouraged to develop their action plans in cooperation with industry initiatives;
Amendment 937 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a a (new)
Article 7 – paragraph 2 – point a a (new)
Amendment 940 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a b (new)
Article 7 – paragraph 2 – point a b (new)
(ab) Companies shall apply best efforts to develop and use purchase policies that do not encourage potential adverse impacts on human rights the environment.
Amendment 945 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) seekmay seek, where appropriate, contractual or other assurances, from a business partner with whom it has a direct business relationship located outside the EU that it will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain ( and by requesting information on their suppliers if possible; Member States shall ensure that the general due diligence duty prevails over contractual cascading).surances; When such contractual assurances are obtained, paragraph 4 shall apply;
Amendment 956 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) provide targeted and proportionate supportfinancial and administrative support, especially for an SME with which the company has an established business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME outside the EU;
Amendment 962 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point e
Article 7 – paragraph 2 – point e
(e) in compliance with Union law including competition law, collaborate with other entities, sectoral approaches or industry initiatives, including, where relevant, to increase the company’s ability to bring the adverse impact to an end, in particular where no other action is suitable or effective;
Amendment 972 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. As regards potential adverse impacts that could not be prevented or adequately mitigated by the measures in paragraph 2, the company that is directly linked to the adverse impact may seek to conclude a contract with a partner with whom it has an indirect relationship outside the EU that was identified in accordance with Article 6 due to substantiated knowledge of potential adverse impacts, with a view to achieving compliance with the company’s code of conduct or a prevention action plan. When such a contract is concluded, paragraph 4 shall apply.
Amendment 979 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Amendment 984 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
When contractual assurancesassurances, including contractual, are obtained from, or a contract is entered into, with an SME outside the EU, the terms used shall be fair, reasonable and non-discriminatory. Where measures are carried out to verify compliance are carried out in relation to SMEs, the company shall bearof assurances obtained from SMEs outside the EU, the cost of the independent third- party verification should be provided by public funds.
Amendment 990 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 1015 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 1019 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to bring actual adverse impacts that have been, or shouldproportionate and commensurate measures within their means to bring actual adverse impacts that they have caused or contributed to and that have been, identified pursuant to Article 6 to an end, in accordance with paragraphs 2 to 6 of this Article. Companies that are directly linked to the actual adverse impact without causing or contributing to it are required to make use of their leverage to the extent possible to bring actual adverse impacts to an end.
Amendment 1027 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where the adverse impact cannot be brought to an end, Member States shall ensure that companies take measures within their means to minimise the extent of such an impact.
Amendment 1037 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate and commensurate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact, as well as to its resources and leverage;
Amendment 1045 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end, develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuonitoring improvement. Where relevant, tThe corrective action plan shall be developed in consultationthrough meaningful engagement with stakeholders;
Amendment 1047 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b a (new)
Article 8 – paragraph 3 – point b a (new)
(ba) set up a prioritisation strategy on the basis of Principle 17 of the UN Guiding Principles on Business and Human Rights based on risk factors. Companies shall consider the level of severity, likelihood and urgency of the different actual adverse impacts on human rights or the environment, the nature and context of their operations, including geographic, the scope of the risks, their scale and how irremediable they might be, and use the prioritisation policy in dealing with them. When prioritising their response to risks to human rights, companies shall treat the severity of an adverse impact, such as where a delayed response would make the impact irremediable, as the predominant factor.
Amendment 1052 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) seekmay seek, where appropriate, contractual or other assurances from a direct partner with whom it has an established direct business relationship outside the EU that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the value chain ( and by requesting information on their suppliers if possible. Member States shall ensure that the general due diligence duty prevails over contractual cascading)surances. When such contractual assurances are obtained, paragraph 5 shall apply.
Amendment 1057 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point d
Article 8 – paragraph 3 – point d
(d) make necessary, where appropriate, investments, such as into management or production processes and infrastructures to comply with paragraphs 1, 2 and 3;
Amendment 1063 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point e
Article 8 – paragraph 3 – point e
(e) provide targeted and proportionate supportfinancial and administrative support, especially for an SME with which the company has an established direct business relationship, where compliance with the code of conduct or the corrective action plan would jeopardise the viability of the SME outside the EU;
Amendment 1069 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point f
Article 8 – paragraph 3 – point f
(f) in compliance with Union law including competition law, collaborate with other entities, sectoral approaches or industry initiatives, including, where relevant, to increase the company’s ability to bring the adverse impact to an end, in particular where no other action is suitable or effective.
Amendment 1076 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. As regards actual adverse impacts that could not be brought to an end or adequately mitigated by the measures in paragraph 3, the company that is directly linked to the impact may seek to conclude a contract, where appropriate, with a partner with whom it has an indirect relationship outside the EU that was identified in accordance with Article 6 due to substantiated knowledge of actual adverse impacts, with a view to achieving compliance with the company’s code of conduct or a corrective action plan. When such a contract is concluded, paragraph 5 shall apply.
Amendment 1080 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
Amendment 1084 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
When contractual assurancesassurances, including contractual, are obtained from, or a contract is entered into, with an SMEother company, the terms used shall be fair, reasonable and non- discriminatory. Where measures to verify compliance are carried out in relation to SMEs, the company shall bear the cost of the independent third- party verification should be provided by public funds.
Amendment 1091 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
Article 8 – paragraph 6 – subparagraph 1 – introductory part
As regards actual adverse impacts within the meaning of paragraph 1 that the company caused or contributed to and that could not be brought to an end or the extent of which could not be minimised by the measures provided for in paragraphs 3, 4 and 5 and despite repeated efforts, the company shall refrain from entering into new or extending existing relations with the partner in connection to or in the valuesupply chain of which the impact has arisen and shall, as a measure of last resort, where the law governing their relations so entitles them to, take one of the following actions and where the impact is considered extremely severe or irreversible, take the following actions, in line with responsible disengagement, taking into account the best interest of those impacted:
Amendment 1098 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point b
Article 8 – paragraph 6 – subparagraph 1 – point b
(b) if suspension does not lead to a sufficient result, terminate the business relationship with respect to the activities concerned, if the adverse impact is consid. Member States shall provide for the availability of an option to terminate the business relationship in contracts governed severeby their laws.
Amendment 1118 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
Amendment 1134 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaints tonotify them where they have legitimate concernsinformation regarding actual or potential adverse human rights impacts and adverseand environmental impacts with respect to their own operations, the operations of their subsidiaries and their valuesupply chains. This can be done in cooperation with industry initiatives.
Amendment 1142 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Member States shall ensure that notification procedures are legitimate, accessible, predictable, equitable, transparent, rights compatible and a source of continuous learning based on engagement and dialogue.
Amendment 1154 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall ensure that the complaintnotifications may be submitted by:
Amendment 1164 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the valuesupply chain concerned,
Amendment 1171 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) civil society organisations active in the areas related to the valuesupply chain concerned.
Amendment 1177 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the companies establish a procedure for dealing with complaintnotifications referred to in paragraph 1, including a procedure when the company considers the complaintinformation to be unfounded, and inform the relevant workers and trade unions of those procedures. Member States shall ensure that where the complaintinformation is well- founded, the adverse impact that is the subject matter of the complaintnotification is deemed to be identified within the meaning of Article 6. This can be done in cooperation with industry initiatives.
Amendment 1183 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Member States shall ensure that complainants are entitledIn case the notification proves to be well founded, Member States shall ensure that informants are entitled to request appropriate follow-up on the notification from the company with which they have filed a notification pursuant to paragraph 1.
Amendment 1192 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
Amendment 1195 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
Amendment 1214 #
2022/0051(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodiccontinuous assessments of their own operations and measures, those of their subsidiaries and, where related to the valuesupply chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 monthscontinuously and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments.
Amendment 1223 #
2022/0051(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that companies that are not subject to reporting requirements under Articles 19a and 29a of Directive 2013/34/EU report on the matters covered by this Directive by publishing on their website an annual statement in a language customary in tone of the official languages of the Union. When sphere of international business. The statement shall be published by 30 April each year, covering the previous calendar yearignificant changes occur, the statement shall be updated.
Amendment 1230 #
2022/0051(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
The companies referred to in paragraph 1 may rely on the consolidated reporting of the group to which they belong in order to fulfil their reporting requirements under this Article.
Amendment 1238 #
2022/0051(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
The Commission shall adopt delegated acts in accordance with Article 14b and 28 concerning the content and criteria for such reporting under paragraph 1, specifying information on the description of due diligence, potential and actual adverse impacts and actions taken on those.
Amendment 1262 #
2022/0051(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to provide support to companies or 1. to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and relevant stakeholders, including from third countries, the European Union Agency for Fundamental Rights, the European Environment Agency, the External Action Service, the European Innovation Council and Small and Medium-sized Enterprises Executive Agency (EISMEA) and where appropriate with the OECD and other international bodies having expertise in due diligence, may issue guidelines, including for specific sectors or specific adverse impacts. shall issue clear and easily understandable guidelines in the form of targeted guidance where applicable to facilitate compliance in a practical manner: (a) in digital, free of charge and easily accessible format; (b) including on existing digital solutions to be used for the due diligence process and on the development of digital solutions; (c) including on the implementation of the human rights and environmental standards applicable to businesses based on the OECD Guidelines for Multinational Enterprises as clarified in the Due Diligence Guidance as well as the UNGPs; (d) including lists of risk factors and accompanying guidance, including enterprise-level risk factors, geographic risk factors and sectoral risk factors; (e) including an overview on applicable industry initiatives; (f) including practical guidance on how proportionality and prioritisation, in terms of impacts, sectors and geographical areas, may be applied to due diligence obligations depending on the size and sector of the company; (g) including taking into account SMEs needs. 2. The guidelines shall be made available no later than ... [18 months after the date of entry into force of this Directive]. The Commission shall periodically review the relevance of its guidelines and adapt them to new best practices. 3. Country fact-sheets shall be updated regularly by the Commission and made publicly available in order to provide up-to-date information on the international Conventions and Treaties ratified by each of the Union’s trading partners. The Commission shall collect and publish trade and customs data on origins of raw materials, and intermediate and finished products, and publish information on human rights, environmental and governance potential or actual adverse impacts risks associated with certain countries or regions, sectors and sub-sectors, and products.
Amendment 1278 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission in cooperation with Member States shall, in order to provide information and support to companies and the partners with whom they have established business relationships in their valuesupply chains in their efforts to fulfil the obligations resulting from this Directive, set up and operate individually or jointly dedicated websites, platforms or portals. Specific consideration shall be given, in that respect, to the SMEs that are present in the valuesupply chains of companies.
Amendment 1282 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. The Commission in cooperation with Member States shall undertake efforts in order to provide information and support to stakeholders and their representatives to exercise their involvement in due diligence. This shall include setting up and operating individually or jointly dedicated websites, platforms or portals.
Amendment 1288 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Commission mayshall complement Member States’ support measures building on existing Union action to support due diligence in the Union and in third countries and may devise new measures, including facilitation of joint stakeholder initiatives to help companies fulfil their obligations.
Amendment 1290 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. The Commission may rely on its cooperation and trade instruments to support the development of the enabling environment in third countries, through capacity building and expertise that will reinforce their economic sector to comply with due diligence obligations as set out in this Directive.
Amendment 1299 #
2022/0051(COD)
4. Companies may rely on industry schemes and multi-stakeholder initiatives to support the implementation of their obligations referred to in Articles 5 to 11 of this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. The Commission and the Member States mayshall facilitate the dissemination of information on such schemes or initiatives and their outcome. The Commission, in collaboration with Member States, may and the OECD as well as relevant stakeholders, shall issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiativesinitiatives in line with Article 14c.
Amendment 1307 #
2022/0051(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Single Point of Contact 1. Each Member State shall designate a national single point of contact on corporate sustainability due diligence. Member States may assign this role to an existing authority. Where a Member State designates only one competent authority, that competent authority may also be the single point of contact. 2. Companies may seek additional guidance and obtain further support and information about how best to fulfil their due diligence obligations through this point of contact. 3. The single point of contact may also exercise a liaison function to ensure cross-border cooperation of Member State authorities and with the relevant authorities in other Member States via cooperation with the European Supervisory Network established in Article 21.
Amendment 1309 #
2022/0051(COD)
Proposal for a directive
Article 14 c (new)
Article 14 c (new)
Amendment 1313 #
2022/0051(COD)
Proposal for a directive
Article 15
Article 15
Amendment 1344 #
2022/0051(COD)
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1
Article 17 – paragraph 3 – subparagraph 1
As regards companies referred to in Article 2(2), the competent supervisory authority shall be that of the Member State in which the company has a branch. If the company does not have a branch in any Member State, or has branches located in different Member States, the competent supervisory authority shall be the supervisory authority of the Member State in which the company generated most of its net turnover in the Union in the financial year preceding the last financial year before the date indicated in Article 30 or the date on which the company first fulfils the criteria laid down in Article 2(2), whichever comes last or subsidiary.
Amendment 1400 #
2022/0051(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall ensure that natural and legal personsstakeholders as referred to in Article 9 para.2 are entitled to submit substantiated concerns to any supervisory authority when they have reasons to believe, on the basis of objective circumstances, that a company is failing to comply with the national provisions adopted pursuant to this Directive (‘substantiated concerns’)Articles 6 to 11 and Article 15(1) and (2) of this Directive (‘substantiated concerns’), if the notification procedure referred to in Article 9 did not have a satisfactory outcome.
Amendment 1417 #
Amendment 1419 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall lay down the rules on administrative sanctions applicable to infringements of national provisions adopted pursuant to this Directive, and shall take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive. At least the following administrative measures and sanctions shall be provided for: (a) a public statement indicating company responsible and the nature of the infringement; (b) an order requiring the company responsible to cease the conduct constituting the infringement and to desist from any repetition of that conduct; (c) administrative pecuniary sanctions.
Amendment 1430 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. In deciding whether to impose sanctions and, if so, in determining their nature and appropriate level, due account shall be taken of the legal framework applicable in the country where the adverse impact may occur or has occurred, the gravity and duration of the infringement, the importance of profits gained or losses avoided by the company, in so far as they can be determined the company’s efforts to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided pursuant to Articles 7 and 8, any previous infringements, cumulative effects of the different measures and sanctions already imposed on the company as well as the collaboration with other entities to address adverse impacts in its valuesupply chains, as the case may be.; any other aggravating or mitigating factors applicable to the circumstances of the case;
Amendment 1462 #
2022/0051(COD)
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Supervisory authorities shall share relevant information with the single point of contact as a means of ensuring that the single point of contact has the necessary information to perform its tasks.
Amendment 1463 #
2022/0051(COD)
Proposal for a directive
Article 21 – paragraph 2 b (new)
Article 21 – paragraph 2 b (new)
2b. The ENSA shall also support the Commission in developing the Single- Reporting-Instrument.
Amendment 1476 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point a
Article 22 – paragraph 1 – point a
(a) they intentionally or gross negligently failed to comply with the obligations laid down in Articles 7 and 8 and;
Amendment 1483 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) as a result of this failure an actual adverse impact that they caused and that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures laid down in Articles 7 and 8 occurred and led to damage.
Amendment 1495 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Amendment 1509 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 2
Article 22 – paragraph 2 – subparagraph 2
In the assessment of the existence and extent of liability under this paragraph, due account shall be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided pursuant to Articles 7 and 8, as well as any collaboration with other entities to address adverse impacts in its valuesupply chains.
Amendment 1528 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The civil liability rules under this Directive shall be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive.
Amendment 1535 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Member States shall ensure that the liability provided for in provisions of national law transposing this Article is of overriding mandatory application in cases whmitation period for bringing civil liability claims concerning harm arising out of adverse the law applicable to claims to that effect is not the law of a Member Stateimpacts on human rights and the environment is five years.
Amendment 1551 #
2022/0051(COD)
Proposal for a directive
Article 24
Article 24
Amendment 1559 #
2022/0051(COD)
Proposal for a directive
Article 25
Article 25
Amendment 1571 #
2022/0051(COD)
Proposal for a directive
Article 26
Article 26
Amendment 1596 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
No later than … [OP please insert the date = 78 years after the date of entry into force of this Directive], the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive. The report shall evaluate the effectiveness of this Directive in reaching its objectives and assess the following issues:
Amendment 1598 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) whether the thresholds regarding the number of employees and net turnover laid down in Article 2(1) need to be loweredimpact of the Directive was justified and reached the targeted goals, including the associated indirect costs and the economic, social and environmental benefits thereof, including on SMEs;
Amendment 1600 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point a a (new)
Article 29 – paragraph 1 – point a a (new)
(aa) whether the thresholds regarding the number of employees and net turnover laid down in Article 2(1) need to be modified;
Amendment 1607 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
Amendment 1620 #
2022/0051(COD)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 1
Article 30 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by … [OJ to insert: 25 years from the entry into force of this Directive] at the latest, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 1622 #
2022/0051(COD)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – introductory part
Article 30 – paragraph 1 – subparagraph 2 – introductory part
They shall apply those provisions as follows:from four years after national transposition as regards companies referred to in Article 2(1), point (a), and Article 2(2), point (a);
Amendment 1626 #
2022/0051(COD)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – point a
Article 30 – paragraph 1 – subparagraph 2 – point a
Amendment 1632 #
2022/0051(COD)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – point b
Article 30 – paragraph 1 – subparagraph 2 – point b
Amendment 1635 #
Amendment 121 #
2022/0032(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Semiconductors are at the core of any digital device and the Union's digital transition: from smartphones and cars, through critical applications and infrastructures in health, energy, communications and automation to most other industry sectors. While semiconductors are essential to the functioning of our modern economy, security and society, the Union has witnessed unprecedented disruptions in their supply. The current supply shortage is a symptom of permanent and serious structural defici, the consequencies in the Union’s semiconductor value and supply chainof which are significant. The disruptions have exposed long-lasting vulnerabilities in this respect, notably a strong third-country dependency in manufacturing and design of chips. Therefore, action is needed to address existing and potential structural deficiencies in the semiconductor ecosystem and supply chain.
Amendment 132 #
2022/0032(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) A framework for increasing the Union’s resilience in the field of semiconductor technologies should be established, stimulating investment, strengthening the capabilities, security, adaptability and resilience of the Union’s semiconductor supply chain, and increasing cooperation among the Member States and, the Commission, and international partners.
Amendment 138 #
2022/0032(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) This framework pursues two objectives. The first objective is to ensure the conditions necessary for the competitiveness and innovation capacity of the Union and to ensure the adjustment of the industry to structural changessemiconductor ecosystem can adapt at pace due to fast innovation cycles and the need for sustainability. The second objective, separate and complementary to the first one, is to improve the functioning of the internal market by laying down a uniform Union legal framework for increasing the Union’s resilience, and ability to innovate and provide security of supply in the field of semiconductor technologies.
Amendment 143 #
2022/0032(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It is necessary to take measures to build capacity and strengthen the Union’s semiconductor sector in line with Article 173(3) of the Treaty. These measures do not entail the harmonisation of national laws and regulations. In this regard, the Union should reinforce the competitiveness and resilience of the semiconductor technological and industrial base, whilst strengthening the innovation capacity of its semiconductor sector, reducing dependence on a limited number of third country companies and geographies, while deepening coordination and cooperation in key areas among international partners, and strengthening its capacity to design and produce advanced components. The Chips for Europe Initiative (the ‘Initiative’) should support these aims by bridging the gap between Europe’s advanced research and innovation capabilities and their sustainable industrial exploitation. It should promote capacity building to enable design, production and systems integration in next generation semiconductor technologies, enhance collaboration among key players across the Union, strengthening Europe's semiconductor supply and value chains, serving key industrial sectors and creating new markets.
Amendment 156 #
2022/0032(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The achievement of these objectives will be supported by a governance mechanism. At Union level, this Regulation establishes a European Semiconductor Board, composed of representatives of the Member States and industry, and chaired by the Commission. The European Semiconductor Board will provide advice to and assist the Commission on specific questions, including the consistent application of this Regulation, facilitating cooperation among Member States and industry stakeholders, and exchanging information on issues relating to this Regulation. The European Semiconductor Board should hold separate meetings for its tasks under the different chapters of this Regulation. The different meetings may include different compositions of the high-level representatives and the Commission may establish subgroups.
Amendment 158 #
2022/0032(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Given the globalised nature of the semiconductor supply chain, international cooperation with third countries is an important element toin achieve aing resilience of the Union’s semiconductor ecosystem. The actions taken under this Regulation should also enable the Union to play a stronger role, as a centre of excellence, in a better functioning global, interdependent semiconductors ecosystem. The Commission, assisted by the European Semiconductor Board, should cooperate and build partnerships with third countries with a view to seeking solutions to address, to the extent possible, disruptions of the semiconductor supply chain. Therefore, at the invitation of the European Semiconductor Board, international partners and third parties should be able to attend meetings, provide consultation, and exchange information within the structures of the European Semiconductor Board.
Amendment 168 #
2022/0032(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Member States are primarily responsible for sustaining a strong Union industrial, competitive, sustainable and innovative base. However, the nature and scale of the innovation challenge inimportance, scale, complexity, and cross-border nature of the semiconductor sector requires action to be taken collaboratively at Union level.
Amendment 174 #
2022/0032(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve its general objective, and address both the supply and demand side challenges of the current semiconductor ecosystem, the Initiative should include five main components. First, to reinforce Europe’s design capacity, the Initiative should support actions to build a virtual platform that is available across the Union. The platform should connect the communities of design houses, SMEs and start-ups, intellectual property and tool suppliers, with research and technology organisations to provide virtual prototype solutions based on co- development of technology. Second, in order to strengthen the security and resilience of supply and reducing the Union’s dependency on third country production, the Initiative should support development and access to pilot lines. The pilot lines should provide for the industry a facility to test, experiment and validate semiconductor technologies and system design concepts at the higher technology readiness levels beyond level 3 but under level 8 while reducing environmental impacts as much as possible. Union investments along Member States investment and with the private sector in pilot lines is necessary to address the existing structural challenge and market failure where such facilities are not available in the Union hindering innovation potential and global competitiveness of the Union. Third, in order to enable investments in alternative technologies, such as quantum technologies, conducive to the development of the semiconductors sector, the Initiative should support actions including on design libraries for quantum chips, pilot lines for building quantum chips and testing and experimentation facilities for quantum components, and other future orientated technologies in the area of semiconductors. Fourth, in order to promote the use of the semiconductor technologies, to provide access to design and pilot line facilities, and to address skills gaps across the Union, the Initiative should support establishment of the competence centres on semiconductors in each Member State. Access to publicly funded infrastructure, such as pilot and testing facilities, and to the competence network, should be open to a wide range of users and must be granted on a transparent and non-discriminatory basis and on market terms (or cost plus reasonable margin basis) for large undertakings, while SMEs can benefit from preferential access or reduced prices. Such access, including for international research and commercial partners, can lead to broader cross- fertilisation and gains in know-how and excellence, while contributing to cost recovery. Fifth, Tthe Commission should set-up a dedicated semiconductor investment facility support (as part of the investment facilitation activities described collectively as the ‘Chips Fund’) proposing both equity and debt solutions, including a blending facility under the InvestEU Fund established by Regulation (EU) 2021/523 of the European Parliament and Council53 , in close cooperation with the European Investment Bank Group and together with other implementing partners such as national promotional banks and institutions. The ‘Chips Fund’ activities should support the development of a dynamic and resilient semiconductor ecosystem by providing opportunities for increased availability of funds to support the growth of start-ups and SMEs as well as investments across the value chain, including for other companies in the semiconductor value chains. In this context, the European Innovation Council will provide further dedicated support through grants and equity investments to high risk, market creating innovators. _________________ 53 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30).
Amendment 181 #
2022/0032(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) The Commission should provide clear guidelines in the form of a specific Chips Fund Work Programme. It should include guidance on admissibility and eligibility, clear deadlines, the criteria for financial operational capacity and exclusion, information on mandatory documents to be provided, the evaluation procedures, and guidance on preparing the applications. Information on the structure, budget and political priorities of the Chips Fund should also be included. The Commission should also provide guidance on procedures to register and submit applications online via a specific and dedicated EU Chips Fund Portal.
Amendment 182 #
2022/0032(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12 b) The Chips Fund activities should support the development of a dynamic and resilient semiconductor ecosystem. It should provide opportunities for increased availability of funds to support the growth of start-ups and SMEs as well as investment across the entire value chain. The European Innovation Council should provide further dedicated support through grants and equity investments to high- risk, market-creating innovators. Support and guidance should be provided, in particular, to SMEs on how to access public and private investment, including venture capital, with an aim of speeding up not only access, but also the application and approval process.
Amendment 183 #
2022/0032(COD)
Proposal for a regulation
Recital 12 c (new)
Recital 12 c (new)
(12 c) The Commission should provide clear and readily available guidelines on the terms and conditions for the development of, and third party access to pilot lines, as well as the compatibility and accessibility of the Union virtual design platforms.
Amendment 184 #
2022/0032(COD)
Proposal for a regulation
Recital 12 d (new)
Recital 12 d (new)
(12 d) Given the importance of collaboration with third parties in the area of R&D&I, the European Semiconductor Board and the Commission should establish clear and readily available guidelines on access modes, software and hardware for their participation in projects within the scope of this Regulation. Within the structures of the European Semiconductor Board, the EU-US Trade and Technology Council and other Union agreements and strategies with third countries, guidance should be provided to overcome existing obstacles to international cooperation in the field of R&D&I.
Amendment 186 #
2022/0032(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to overcome the limitations of the current fragmented public and private investments efforts, facilitate integration, cross-fertilisation, and return on investment on the ongoing programmes and to pursue a common strategic Union vision on semiconductors as a means to realising the ambition of the Union and of its Member States to ensure a leading role in the digital economy, the Chips for Europe Initiative should facilitate better coordination and closer synergies between the existing funding programmes at Union and national levels, better coordination and collaboration with industry and key private sector stakeholders and additional joint investments with Member States. The implementation set up of the Initiative is built to pool resources from the Union, Member States and third countries associated with the existing Union Programmes, as well as the private sector. The success of the Initiative can therefore only be built on a collective effort by Member States, with the Union, to support both the significant capital costs and the wide availability of virtual design, testing and piloting resources and diffusion of knowledge, skills and competences. Where appropriate, in view of the specificities of the actions concerned, the objectives of the Initiative, specifically the ‘Chips Fund’ activities, should also be supported through a blending facility under the InvestEU Fund. The new concepts and ambitions of this Regulation should be supported with significant new financial provisions for the design, experimentation, manufacturing, packaging, and testing of advanced and evolving existing technologies and products within the Union's semiconductor ecosystem.
Amendment 187 #
2022/0032(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Support from the Initiative should be used to address market failures or sub- optimal investment situations as a consequence of the high capital intensity, high risk, and complex landscape of the semiconductor ecosystem in a proportionate manner, and actions should not duplicate or crowd out private financing or distort competition in the internal market. Actions should have a clear added value for the Union.
Amendment 195 #
2022/0032(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to encourage the establishment of the necessary manufacturing and related design capabilities, and thereby ensure the security of supply in the Union, public support may be appropriate. In that respect, it is necessary to set out the criteria for facilitating the implementation of specific projects that contribute to achieving the objectives of this Regulation and distinguish between two types of facilities, namely: Integrated Production Facilities and Open EU Foundries. Public support should be in line with the Commission Communication on a competition policy fit for new challenges, taking note of the exceptional situation as regard semiconductors. Public support should be subject to strong competition safeguards, and ensure the benefits are shared widely across the Union economy.
Amendment 205 #
2022/0032(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Integrated Production Facilities and Open EU Foundries should provide semiconductor manufacturing capabilities that are “first-of-a-kind” in the Union and contribute to the security of supply and to a resilient ecosystem in the internal market. The qualifying factor for the production of a first-of-a-kind facility could be with regard to the technology node, substrate material, such as silicon carbide and gallium nitride, and other product innovation that can offer better performance, process technology or energy and environmental performance. A facility of a comparable capability on an industrial scale should not yet substantively be present or committed to be built within the Union, excluding facilities for research and development or small-scale production sitesse should be projects that are highly ambitious and innovative, aimed at developing technologies and processes that go beyond current technology or that will allow major improvements in performance, process, energy consumption, safety, and environmental impact. The project should contribute to a common objective, by enabling security of supply for the future of the Union's semiconductor industry, and where relevant, the security of the global semiconductor supply chain.
Amendment 210 #
2022/0032(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to qualify as Integrated Production Facilities or Open EU Foundries, the establishment and operation of the facility should have a clear positive impact on the semiconductor value chain in the Union, in particular with regard to providing a resilient supply of semiconductors to users on the internal market. The impact on several Member States, including cohesion objectives, should be considered as one of the indicators of a clear positive impact of an Integrated Production Facility and Open EU Foundry on the semiconductor value chain in the Union and, where relevant, the ability to contribute to the stability of global supply.
Amendment 222 #
2022/0032(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In light of their importance for ensuring the security of supply and enabling a resilient semiconductor ecosystem, Integrated Production Facilities and Open EU Foundries should be considered to be in the Union's economic, security, and public interest. Ensuring the security of supply of semiconductors is important also for digitalisation that enables the green transition of many other sectors. To contribute towards security of supply of semiconductors in the Union, Member States may apply support schemes and provide for administrative support in national permit granting procedures. This is without prejudice to the competence of the Commission in the field of State aid under Article 107 and 108 of the Treaty, where relevant. Member States should support the set-up of Integrated Production Facilities and Open EU Foundries in accordance with Union law.
Amendment 226 #
2022/0032(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) It is necessary that Integrated Production Facilities and Open EU Foundries are set-up as quickly as possible, while keeping the administrative burden to a minimum. For that reason, Member States should treat applications related to the planning, construction and operation of Integrated Production Facilities and Open EU Foundries in the most rapid manner possible. The Commission, in cooperation with Member States and the European Semiconductor Board, should seek to agree a deadline for approving applications in order to ensure coherence and market agility across the Union in the application of the provisions within this Regulation. They should appoint an authority which will facilitate and coordinate the permit granting processes and appoint a coordinator, serving as a single point of contact for the project. Moreover, where necessary for granting a derogation under Council Directive 92/43/EEC56 and Directive 2000/60/EC of the European Parliament and Council57 , the establishment and operation of these facilities may be considered as being of overriding public interest within the meaning of the aforementioned legal texts, provided that the remaining other conditions set out in these provisions are fulfilled. _________________ 56 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. 57 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy.
Amendment 228 #
2022/0032(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The internal market would greatly benefit from common standards for green, trusted and secure chips. Future smart devices, systems and connectivity platforms will have to rely on advanced semiconductor components and they will have to meet green, trust and cybersecurity requirements which will largely depend on the features of the underlying technology. To that end, the Union should develop reference certification procedures and require the industry to jointly develop such procedures for specific sectors and technologies with potential high social impact. Standards should be set and evaluated in line with comparable international standards, after consultation with international partners, industry stakeholders, and relevant national competent authorities. They should give due regard to the different metrics associated with the assessment of green and cybersecurity credentials. Any benchmarks should also reflect and be compatible with existing standards, legislation and targets of the Union in relevant fields.
Amendment 232 #
2022/0032(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In light of this, the Commission, in consultation with the European Semiconductor Board, should prepare the ground for a certification of green, trusted and secure chips and embedded systems that rely on or make extensive use of semiconductor technologies. In particular, they should discuss and identify the relevant sectors and products in need of such certification. The scheme should be self-certifying and in line with international standards. After 24 months the viability for a mandatory system of certification should be evaluated.
Amendment 236 #
2022/0032(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) In light of the global structural deficiencchallenges and strategic vulnerabilities ofin the semiconductor supply chain and the resulting risk of future shortages, this Regulation provides instruments for a coordinated approach to monitoring and effectively tackling possible market disruptions.
Amendment 239 #
2022/0032(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Due to the complex, quickly evolving and interlinked semiconductor value chains with various actors, a coordinated approach to regular monitoring is necessary to increase the ability to mitigate risks that may negatively affect the supply of semiconductors. Member States, in close cooperation with industry stakeholders across the semiconductor ecosystem should monitor the semiconductor value chain focusing on early warning indicators and the availability and integrity of the services and goods provided by key market actors, in such a way that it would not represent an excessive administrative burden for undertakings.
Amendment 245 #
2022/0032(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31 a) The European Semiconductor Board and the Commission should seek to invite international partners to cooperate in this process, and discuss findings and identify shared strategies in forums such as the EU-US Trade and Technology Council, and in bilateral and multilateral meetings with like-minded Indo-pacific nations. Where relevant, representatives of third countries should be invited to address and cooperate with the European Semiconductor Board or sub-groups.
Amendment 247 #
2022/0032(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
Amendment 248 #
2022/0032(COD)
Proposal for a regulation
Recital 32 b (new)
Recital 32 b (new)
(32 b) The European Semiconductor Board should seek to examine other market forces and events central to the operation of the semiconductor industry, such as energy prices and energy shortages. Where appropriate and in coordination with the Commission, recommendations for remedying the situation should be provided.
Amendment 250 #
2022/0032(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to carry out these monitoring activities, the competent authorities of Member States may need certain information, which may not be publicly accessible, such as information on the role of an individual undertaking along the semiconductor value chain. In those limited circumstances in which it is necessary and proportionate for the purpose of carrying out the monitoring activities, the competent authorities of Member States should be able to request this information from the undertaking in question. Where relevant, such information should be treated with strict confidentiality and in accordance with an established and clear set of guidelines, in order to protect sensitive business, economic and security related information.
Amendment 267 #
2022/0032(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In order to forecast and prepare for future disruptions of the different stages of the semiconductor value chain in the Union, the Commission should, assisted by the European Semiconductor Board, identify and establish early warning indicators in the Union risk assessment. Such indicators could include the availability of raw materials, intermediate products and human capital needed for manufacturing semiconductors, or appropriate manufacturing equipment, the forecasted demand for semiconductors on the Union and global markets, price surges exceeding normal price fluctuation, the effect of accidents, attacks, natural disasters or other serious events, the effect of trade policies, tariffs, export restrictions, trade barriers and other trade related measures, and the effect of business closures, de-localisations or acquisitions of key market actors. Member States should monitor these early warning indicators. Industry stakeholders should be encouraged to do the same. The European Semiconductor Board and the Commission should establish mechanisms to provide guidance to industry on monitoring and reporting, in particular for start-ups and SMEs.
Amendment 273 #
2022/0032(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The semiconductor crisis stage should be triggered in the presence of concrete, serious, and reliable evidence of such a crisis. A semiconductor crisis occurs in case of seriousf there is a serious and extraordinary disruptions to the supply of semiconductors, leading to a significant shortages which entail significant delays and negative effects on one or more important economic sectors in the Union, either directly or through ripple effects of the shortage, given that the Union’s industrial sectors represent a strong user base of semiconductors. Alternatively or in addition, a semiconductor crisis also occurs when serious disruptions of the supply of semiconductors lead to significant shortages which prevent the supply, repair and maintenance of essential products used by critical sectors, for instance medical and diagnostic equipment. of products or services, which poses a serious and immediate threat to the functioning, health, economy, and security and defence of the Member States and Union citizens;
Amendment 290 #
2022/0032(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Appropriate, effective and proportionate measures should be identified and implemented when the crisis stage is activated without prejudice to possible continued international engagement with relevant partners with the view to mitigating the evolving crisis situation. Where appropriate, the Commission should request information from undertakings along the semiconductor supply chain. Furthermore, the Commission should be able to, where necessary and proportionate, oblige Integrated Production Facilities and Open EU Foundries to accept and prioritise an order of the production of crisis-relevant products, and to act as a central purchasing body when mandated by Member States. The Commission could limit the measures to certain critical sectors. In addition, the European Semiconductor Board may advise onon the basis of clear evidence following detailed consultation with representatives of the semiconductor industry and where necessary international partners, recommend the necessity of introducing an export control regime pursuant to Regulation (EU) 2015/479 of the European Parliament and of the Council60 . The European Semiconductor Board may also assess and advise on further appropriate and effective measures. The use of all these emergency measures should be proportionate and restricted to what is necessary to address the significant disturbances at stake insofar as this is in the best interest of the Union. The Commission should regularly inform the European Parliament and the Council of the measures taken and the underlying reasons. The Commission may, after consulting with the Board, issue further guidance on the implementation and use of the emergency measures. _________________ 60 Regulation (EU) 2015/479 of the European Parliament and of the Council of 11 March 2015 on common rules for exports (OJ L 83, 27.3.2015, p. 34).
Amendment 292 #
2022/0032(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) A number of sectors are critical for the proper functioning of the internal market. Those critical sectors are the sectors listed in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities61 . For the purposes of this Regulation, defence and other activities that are relevant for public safety and security shouldmay be additionally considered as a critical sectors. Certain measures should only be enacted fur the purpose of securing supply to critical sectors. The Commission may limit the emergency measures to certain of these sectors or to certain parts of them when the semiconductor crisis has disturbed or is threatening to disturb their operation. _________________ 61 COM(2020) 829. 16.12.2020Those critical sectors should be defined by the Commission in cooperation with the European Semiconductor Board.
Amendment 298 #
2022/0032(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The purpose of requests for information from undertakings along the semiconductor supply chain established in the Union in the crisis stage is an in-depth assessment of the semiconductor crisis in order to identify potential mitigation or emergency measures at Union or national level. Such information may include production capability, production capacity and current primary disruptions and bottlenecks. These aspects could include the typical and current actual stock of crisis-relevant products in its production facilities located in the Union and third country facilities which it operates or contracts or purchases supply from; the typical and current actual average lead time for the most common products produced; the expected production output for the following three months for each Union production facility; reasons that prevent the filling of production capacity; or other existing data necessary to assess the nature of the semiconductor crisis or potential mitigation or emergency measures at national or Union level. Any request should be proportionate, have regard for the legitimate aims of the undertaking and the cost and effort required to make the data available, as well as set out appropriate time limits for providing the requested information. Undertakings should be obliged to comply with the request and may be subject to penalties if they fail to comply or provide incorrect information. Any information acquired should be subject to confidentiality rules. Should an undertaking be subject to a request for information related to its semiconductor activities from a third country, it should inform the Commission so to enable an assessment whether an information request by the Commission is warranted.
Amendment 303 #
2022/0032(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure that critical sectors can continue to operate in a time of crisis and when necessary and proportionate for this purpose, Integrated Production Facilities and Open EU Foundries could be obliged by the Commission to accept and prioritise orders of crisis-relevant products. This obligation may also be extended to semiconductor manufacturing facilities which have accepted such possibility in the context of receiving public support. The decision on a priority rated order should be taken in accordance with all applicable Union legal obligations and in consultation with the European Semiconductor Board and following a crisis assessment report, having regard to the circumstances of the case. The priority rating obligation should take precedence over any performance obligation under private or public law while it should have regard for the legitimate aims of the undertakings and the cost and effort required for any change in production sequence. Undertakings may be subject to penalties if they fail to comply with the obligation for priority rated orders.
Amendment 306 #
2022/0032(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) The undertaking concerned should be obliged to accept and prioritise a priority rated order. In exceptional and duly justified cases, the undertaking could request the Commission to review the imposed obligation. This applies either where the facility is unable to fulfil the order even if prioritised, be it due to insufficient production capability or production capacity, or because this would place an unreasonable economic burden and entail particular hardship on the facility, be technically unfeasible and not possible to enact in a time sensitive manner, or have a negative impact on the wider semiconductor supply chain.
Amendment 309 #
2022/0032(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Under the exceptional circumstance that an undertaking operating along the semiconductor supply chain in the Union receives a priority rated order request from a third country, it should inform the Commission of this request, so as to inform an assessment of whether, if there is a significant impact on the security of supply to critical sectors, and the other requirements of necessity, proportionality and legality are satisfied in the circumstances of the case, the Commission should likewise enact a priority rated order obligation.
Amendment 314 #
2022/0032(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) When the crisis stage is activated, two or more Member States couldmay mandate the Commission to aggregate demand and act on their behalf for their public procurement in the public interest, in accordance with existing Union rules and procedures, leveraging its purchasing power. The mandate couldmay authorise the Commission to enter into agreements concerning the purchase of crisis-relevant products for certain critical sectors. The Commission should assess for each request the utility, necessity and proportionality, and relevance and importance for the Union, in consultation with the Board. Where it intends to not follow the request, it should inform the concerned Member States and the Board and give its reasons. Furthermore, the participating Member States should be entitled to appoint representatives to provide guidance and advice during the procurement procedures and in the negotiation of the purchasing agreements. The deployment and use of purchased products should remain within the remit of the participating Member States.
Amendment 319 #
2022/0032(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) During a semiconductor shortage crisis, it might become necessary and proportionate that the Union considers protective measures. The European Semiconductor Board may express its views to inform the Commission’s assessment of whether the market situation amounts to a significant shortage of essential products pursuant to Regulation (EU) 2015/479.
Amendment 320 #
2022/0032(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) In order to facilitate a smooth, effective and harmonised implementation of this Regulation, cooperation and the exchange of information, the European Semiconductor Board should be established. The European Semiconductor Board should provide advice to and assist the Commission on specific questions. These s and provide a forum for Member States and industry stakehould include providingers from across the Union to coordinate and cooperate in the monitoring and development of the Union's semiconductor ecosystem. The European Semiconductor Board should provide advice on the Chips for Europe Initiative to the Public Authorities Board of the Chips Joint Undertaking; exchanging information on the functioning of the Integrated Production Facilities and Open EU Foundries; discussing and preparing the identification of specific sectors and technologies with potential high social impact and respective security significance in need of certification for trusted products and addressing coordinated monitoring and crisis response. Furthermore, the European Semiconductor Board should ensure the consistent application of this Regulation, facilitate cooperation between Member States as well as exchange of information on issues relating to this Regulation. The European Semiconductor Board should support the Commission in international cooperation in line with international obligations, including in information gathering, dialogue, and crisis assessment. In addition, the European Semiconductor Board should coordinate, cooperate and exchange information with other Union crisis response and crisis preparedness structures with a view to ensure a coherent and coordinated Union approach as regards crisis response and crisis preparedness measures for semiconductor crises.
Amendment 322 #
2022/0032(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) A representative of the Commission should chair the European Semiconductor Board. Each Member State’s national single point of contact should appoint at least one high-level representative to the European Semiconductor Board. They Board should include representatives from the semiconductor industry, such as the Industrial Alliance on Processors and Semiconductor Technologies, who should not possess voting rights. Member States could also appoint different representatives in relation to different tasks of the European Semiconductor Board, for example, depending on which Chapter of this Regulation is discussed in the meetings of the European Semiconductor Board. The Commission may establish sub-groups and should be entitled to establish working arrangements by inviting experts to take part in the meetings on an ad hoc basis or by inviting organisations representing the interests of the Union semiconductors industry, such as the Industrial Alliance on Processors and Semiconductor Technologies, in its sub-groups as observer, industry stakeholders, or representatives from third countries to take part in the meetings on an ad hoc basis.
Amendment 326 #
2022/0032(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) In order to ensure trustful and constructive cooperation of competent authorities at Union and national level, all parties involved in the application of this Regulation should strictly respect the confidentiality of information and data obtained in carrying out their tasks. The Commission and the national competent authorities, their officials, servants and other persons working under the supervision of these authorities as well as officials and civil servants of other authorities of the Member States should not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of professional secrecy. This should also apply to the European Semiconductor Board and the Semiconductor Committee established in this Regulation. Where appropriate, the Commission should be able to adopt implementing acts to specify the practical arrangements for the treatment of confidential information in the context of information gathering. Any breach of this confidentiality should result in a full investigation by the Commission, and if and where necessary, the Commission should revise the practical arrangements and guidance for the treatment of confidential information.
Amendment 350 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘first-of-a-kind facility’ means an industrial facility capable of contributing to the semiconductor manufacturing ecosystem, including front-end or back- end, or both, that is not substantively already present or committed to be built within the Union, for instance with regard to the technology node, substrate material, such as silicon carbide and gallium nitride, and other product innovation that can offer better performance, process innovation or energy and environmental performanceand ambitious and innovative as well as aimed at developing technologies and processes that go beyond current technology or that will allow major improvements in performance, process, energy consumption, safety, and environmental impact, and capable of contributing to a common objective, by enabling security of supply for the future of the Union's semiconductor industry, and where relevant, the security of the global semiconductor supply chain.;
Amendment 381 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘crisis-relevant product’ means semiconductors, intermediate products and raw materials required to produce semiconductors or intermediate products, that are affected by the semiconductor crisis or of strategic importance to remedy the semiconductor crisis or economic effects thereofproducts and services within the semiconductor supply chain, that are in line with Directive of the European Parliament and of the Council on the resilience of critical entities;
Amendment 387 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
(17 a) ‘crisis’ means a serious and extraordinary disruption to the supply of semiconductors, leading to a significant shortage of products or services, which poses a serious and immediate threat to the functioning, health, economy, and security and defence of the Member States and Union citizens;
Amendment 398 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The general objective of the Initiative is to support large-scale technological capacity building and innovation throughout the Union and to enable development and deployment of cutting- edge and next generation semiconductor and quantum technologies thatand the development and innovation of established technologies. Such measures will reinforce the Union advanced design, systems integration and chips production capabilities, as well as contribute to the achievement of the twin digital and green transition and a thriving economy.
Amendment 417 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b – point 2
Article 4 – paragraph 2 – point b – point 2
(2) supporting large scale innovation through access to new or existing pilot lines for experimentation, test, and validation of new and evolving existing design concepts integrating key functionalities, such as novel materials and architectures for power electronics fostering sustainable energy and electro mobility, lower energy consumption, security, higher levels of computing performance or integrating breakthrough technologies s. Such as neuromorphic and embedded artificial intelligence (AI) chips, integrated photonics, graphene and other 2D material based technologies;
Amendment 424 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) building advanced technology and engineering capacities for accelerating the innovativon, such as the development of quantum chips.
Amendment 425 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d – point 2
Article 4 – paragraph 2 – point d – point 2
(2) address the skills shortage, attracting and mobilising new talent and supporting the emergence of a suitably skilled workforce for strengthening the semiconductor sector, including via reskilling and upskilling of workers, and increasing programmes for attracting third-country talent through initiatives such as the 'EU Talent Pool' and the European Skills Agenda. The Union shall also seek to streamline market tests in the semiconductor ecosystem to better facilitate attracting and developing skills of the future to realise the objectives of this Regulation; with an emphasis on support for academic, reskilling programmes and qualification, up to PhD level in the area of STEM (Science, Technology, Engineering, and Mathematics), and computer science.
Amendment 433 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e – point 1
Article 4 – paragraph 2 – point e – point 1
(1) improving the leverage effect of the Union budget spending and achieving a higher multiplier effect in terms of attracting private-sector financing; in this regard clear guidance and access points shall be provided in order to assist start- ups and SMEs in accessing public and private funds.
Amendment 435 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e – point 3
Article 4 – paragraph 2 – point e – point 3
(3) accelerating and improving accessibility to investment in the field of semiconductor manufacturing technologies and chip design and to leveraging funding from both the public and the private sectors, while increasing the security of supply for the whole semiconductor value chain.
Amendment 439 #
2022/0032(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) advanced technology and engineering capacities for leading edge semiconductors; for example quantum chips;
Amendment 454 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 4 – point d
Article 7 – paragraph 4 – point d
(d) the appropriate financial and technical viability corresponding to the level of Union funds it will be called upon to manage and demonstrated, where appropriate, through guarantees issued preferably by a public authority;
Amendment 455 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 4 – point f
Article 7 – paragraph 4 – point f
(f) the appropriate ability of the ECIC to ensure coverage of the needs of industry.
Amendment 463 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. The ECIC shall have substantial overall autonomhority to lay down its membership, governance, funding, budget and the modalities by which the respective financial contributions from the members are called upon, voting rights and working methods. However, the organisation, composition and working methods of the ECIC, including any amendments to the Statutes, shall be in accordance with and contribute to the aims and objectives of this Regulation and the Chips for Europe Initiative and shall be notified to the Commission.
Amendment 465 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 9
Article 7 – paragraph 9
9. The ECIC shall produce an annual activity report, containing a technical description of its activities and financial statement. The annual activity report shall be transmitted to the Commission and made publicly available. The Commission may provide recommendations regarding the matters covered in the annual activity report. The Commission shall make this report available to the European Parliament.
Amendment 466 #
2022/0032(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purpose of implementing actions under the Initiative’s component referred to in Article 5, point (d), a European network of competence centres in semiconductors (the ‘network’) mayshall be established.
Amendment 469 #
2022/0032(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) facilitating the transfer of experience, expertise and knowhow between Member States and regions, regions and international partners, encouraging exchanges of skills, knowledge and good practices and encouraging joint programmes;. Clear guidelines shall be established by the Commission in consultation with the European Semiconductor Board and industry representatives regarding the protection of valuable intellectual property, and the prevention of unauthorised access to confidential and sensitive business, economic and security related information, and trade secrets.
Amendment 474 #
2022/0032(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
(e) developing and managing specific training actions on semiconductor technologies to support the development of the talent pool in the Union., as referred to in Article 4(d)2;
Amendment 476 #
2022/0032(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall designate candidate competence centres in accordance with its national procedures, administrative and institutional structures through an open and competitive process. The Commission shall, provide a clear set of guidelines as to the procedures for selecting competence centres. The Commission shall by means of implementing acts, set the procedure for establishing competence centres, including selection criteria, and further tasks and functions of the centres with respect to the implementation of the actions under the Initiative, the procedure for establishing the network as well to adopt decisions on the selection of entities forming the network. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33(2).
Amendment 480 #
2022/0032(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The network shall have substantial overall autonomhority to lay down its organisation, composition and working methods. However, the organisation, composition and working methods of the network shall be in accordance with and contribute to the aims and objectives of this Regulation and the Initiative.
Amendment 486 #
2022/0032(COD)
1. Integrated Production Facilities are first-of-a-kind semiconductor design and manufacturing facilities, including front- end or back-end, or both, in the Union that contribute to the security of supply for the internal market, and where relevant, the security of the global semiconductor supply chain.
Amendment 494 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) its establishment and operation have a clear positive impact on the efficacy of the Union’s semiconductor value chain with regard to ensuring the security of supply and increasing qualifi, efficiency, adaptability, and stability of supply and increasing the pool of a qualified and skilled workforce;
Amendment 499 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) it guarantees not to be subject to the extraterritorial application of public service obligations of third countries in a way that may undermine the undertaking’s ability to comply with the obligations set out in Article 21(1) and commits to inform the Commission when such obligation arises; the European Semiconductor Board and the Commission shall enter into intergovernmental dialogue and consultation through the structures of the European Semiconductor Board in order to facilitate a resolution of any conflicts of interest or incompatibility of existing contractual obligations.
Amendment 504 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) it commits to invest in the next generation of chips, in projects that are highly ambitious, aimed at developing technologies and processes that go beyond current technology and will allow for major improvements in performance, safety, security, and environmental impact in line with the needs and aims of the Union's digital and green transformation; giving due consideration to ongoing and planned R&D&I activities and projects.
Amendment 513 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. For the purpose of investfulfilling in the next generation of chips according toobjectives in paragraph 2, point (d), the Integrated Production Facility shall have priority access to the pilot lines set up in accordance with Article 5, point (b). Any such priority access shall be without prejudice to effective access to the pilot lines by other interested undertakings.
Amendment 517 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Open EU Foundries are first-of-a- kind semiconductor front-end or back-end, or both, manufacturing facilities in the Union that offer production capacity to unrelated undertakings and thereby contribute to the security of supply for the internal market, and where relevant, the security of the global semiconductor supply chain.
Amendment 524 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) its establishment and operation have a clear positive impact onand efficacy of the Union’s semiconductor value chain with regard to ensuring the security of supply and increasing qualified workforce, taking into account in particular the extent to which , efficiency, adaptability, and stability offers front-end or back-end, or both, production capacity to undertakings not related to the facility, if there is sufficient demand supply and increasing the pool of a qualified and skilled workforce;
Amendment 530 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
(c) it guarantees not to be subject to the extraterritorial application of public service obligations of third countries in a way that may undermine the undertaking’s ability to comply with the obligations set out in Article 21(1) and commits to inform the Commission when such obligation arises; the European Semiconductor Board and the Commission shall enter into intergovernmental dialogue and consultation through the structures of the European Semiconductor Board in order to facilitate a resolution to any conflicts of interest or compatibility with existing contractual obligations.
Amendment 535 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
(d) it commits to invest in the next generation of chips and in projects that are highly ambitious, aim to develop technologies and processes that go beyond current technology and will allow major improvements in performance, safety, security and environmental impact in line with the ongoing and planned R&D&I activities and projects.
Amendment 541 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Where an Open EU Foundry offers production capacity to undertakings not related to the operator of the facility, it shall establish and maintain adequate and effective functional separation of the design and manufacturing processes in order to ensure the protection of information gained at each stage.
Amendment 549 #
2022/0032(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b
Article 12 – paragraph 2 – subparagraph 1 – point b
(b) a business plan evaluating the financial and technical viability of the project, including information on any planned public support;. All data and documentation submitted as part of this application shall be carefully protected in accordance with the rules reflected in this regulation, and which reflects the sensitive business, economic, and security related information contained.
Amendment 553 #
2022/0032(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point d
Article 12 – paragraph 2 – subparagraph 1 – point d
(d) provision of an appropriate supporting document proving the readiness of the Member State or Member States where the applicant intends to establish its facility to facilitate the set-up of such a facility. The Commission shall provide clear guidelines on the information required and its relevant format, in order to provide uniformity of applications and assessment.
Amendment 560 #
2022/0032(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
The Commission shall process the application and adopt its decision within a timely mannerset time period and notify the applicant thereof.
Amendment 561 #
2022/0032(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The Commission shall regularly monitor the activities of the Integrated Production Facilities and the Open EU Foundries. Where the Commission finds that a facility no longer fulfils the criteria set out in Articles 10(2) or in Article 11(2) respectively, it shall notify the findings to the European Semiconductor Board. After consultingThe Commission shall produce a change in circumstance assessment in consultation with the European Semiconductor Board and; after hearing from the facility. Depending upon the outcome of the assessment and the hearing, the Commission may repeal the decision granting a facility the status of Integrated Production Facility or Open EU Foundry. The facility shall be notified at the earliest possible stage that such a decision is being considered.
Amendment 563 #
2022/0032(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The Commission may, after consulting the European Semiconductor Board, repeal a decision recognising the status of an Integrated Production Facility or an Open EU Foundry if the recognition was based on an application containing incorrect information. that was intentional or showed bad faith, which fundamentally affects the premise of fulfilling the eligibility to access its status as an Integrated Production Facility or an Open EU Foundry, and in which the facility has failed to remedy the situation, or is unable to remedy the situation.
Amendment 564 #
2022/0032(COD)
Proposal for a regulation
Article 12 – paragraph 5 a (new)
Article 12 – paragraph 5 a (new)
5 a. Stresses that it is essential for undertakings to have business certainty and continuity in order to operate. Therefore, undertakings shall have the right to appeal the decision to withdraw status within an agreed deadline set by the European Semiconductor Board and the Commission. In the event of a decision being appealed by an undertaking, the original assessment and any additional findings shall be examined. If the decision to withdrawal status is disputed within the European Semiconductor Board, the Board shall hold a vote in order to confirm the final decision and continue with the repeal of the existing Integrated Production Facility or Open EU Foundry status. In the event the decision is confirmed, a managed and phased end to such relationship shall be agreed and enacted.
Amendment 568 #
2022/0032(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Integrated Production Facilities and Open EU Foundries shall be considered to contribute to the security, efficiency, adaptability and stability of supply of semiconductors in the Union and therefore to be in the public interest.
Amendment 572 #
2022/0032(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. In order to reach security, efficiency, adaptability and stability of supply in the Union, Member States may, without prejudice to Articles 107 and 108 of the Treaty, apply support schemes and provide for administrative support to Integrated Production Facilities and Open EU Foundries in accordance with Article 14.
Amendment 575 #
2022/0032(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. The Commission shall provide clear and transparent guidance on how the funding gap is assessed, including the information required to ensure uniform assessment for applications.
Amendment 580 #
2022/0032(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that administrative applications related to the planning, construction and operation of Integrated Production Facilities and Open EU Foundries are processed in an efficient, transparent, and timely manner. To that end, all national authorities concerned shall ensure that the most rapid treatment legally possible is given to these applications.
Amendment 583 #
2022/0032(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. Through the European Semiconductor Board and in cooperation with the Commission, Member States shall seek to establish recommendations to establish minimum restrictions by public authorities at a national level, in order to encourage faster permitting processes, create a uniform process and standard across Member States, and to reduce fragmentation across the Union.
Amendment 587 #
2022/0032(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The security of supply of semiconductors may be considered an imperative reason of overriding public interest withinis of key public interest, therefore, full consideration shall be given with regard to the planning, construction and operation of Integrated Production Facilities and Open EU Foundries and the necessity to override the meaning of Article 6(4) and Article 16(1)(c) of Directive 92/43/EEC and of overriding public interest within the meaning of Article 4(7) of Directive 2000/60. Therefore, the planning, construction and operation of Integrated Production Facilities and Open EU Foundries may be considered of overriding public interest, provided that the remaining other conditions set out in these provisions are fulfilled. Nonetheless, this Regulation must fulfil the objectives of a sustainable digital and green transition.
Amendment 593 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – introductory part
Article 15 – paragraph 1 – subparagraph 1 – introductory part
To ensure a secure, efficient, agile and stable Union-wide semiconductor ecosystem, supply chain monitoring must be a key objective of this Regulation and the role of the European Semiconductor Board. Member States shall carry out regular monitoring of the semiconductor value chain. In particular, they shall:
Amendment 597 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – point a
Article 15 – paragraph 1 – subparagraph 1 – point a
(a) monitor early warning indicators identified pursuant to Article 16; such indicators shall be established in partnership with the European Semiconductor Board and industry stakeholders from across the entire semiconductor ecosystem, and they shall be updated in the event of significant market and geopolitical developments;
Amendment 604 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Member States and industry representatives shall provide relevant findings to the European Semiconductor Board in the form of regular updates. Their regularity shall be reviewed during crisis situations.
Amendment 609 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States through the structures of the European Semiconductor Board shall invite the main users of semiconductors and other relevant stakeholders, including third country partners to provide information regarding significant fluctuations in demand and known disruptions of their supply chain. To facilitate the exchange of information, Member States shall provide for a mechanism and administrative set- up for these updates.
Amendment 611 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
Amendment 612 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. National competent authorities designated pursuant to Article 26(1) may request through the structures of the European Semiconductor Board, information from representative organisations of undertakings or individual undertakings operating along the semiconductor supply chain where necessary and proportionate for the purpose of paragraph 1. National competent authorities in such case will pay particular attention to SMEs to minimise administrative burden resulting from the request and will privilege digital solutions for obtaining such information. Any information obtained pursuant to this paragraph shall be treated in compliance with the confidentiality obligations set out in Article 27. This information shall be provided through the single point of contact established by the Commission.
Amendment 617 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3 a. The Commission shall produce an annual report in cooperation with the European Semiconductor Board in order to assess the regularity of information requests, the type and volume of information being requested, in particular from SMEs. It shall identify if necessary, the need to further streamline processes and provide further support in navigating information requests in the context of this Regulation.
Amendment 618 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Where a Member State becomes aware of a potential semiconductor crisis, a significant fluctuation in demand or has concrete and reliable information of any other risk factor or event materialising, it shall immediately alert the Commission (‘early warning’). A semiconductor crisis, a significant fluctuation in demand and other risk factors, shall be pre-defined alongside a clear set of benchmarks, in order to avoid unnecessary market intervention and to ensure the provisions of this Regulation are applied in a necessary and proportionate manner. The Commission shall undertake such task in cooperation with the European Semiconductor Board and representatives of the semiconductor industry.
Amendment 622 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 5 – point b
Article 15 – paragraph 5 – point b
(b) enter into consultations or cooperation, on behalf of the Union, with relevant third countries with a view to seeking cooperative solutions to address supply chain disruptions, in compliance with international obligations. This may involve, where appropriate, coordination in relevant international fora. Representatives of third countries may also be invited to address and cooperate with the European Semiconductor Board or a sub-group.
Amendment 623 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
7. National competent authorities designated pursuant to Article 26(1) shall map undertakings operating along the semiconductor supply chain in their national territory, including non- confidential information on the services or goods, and contact information. They shall notify this list and any subsequent update to the Commission. The Commission mayshall issue guidance, after consulting the European Semiconductor Board, to further specify the information to be gathered and define the technical specifications and formats.
Amendment 629 #
2022/0032(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall, after consulting the European Semiconductor Board, and where necessary third country representatives, assess risks that may disrupt, compromise or negatively affect the supply of semiconductors (Union risk assessment). In the Union risk assessment, the Commission shall identify early warning indicators.
Amendment 633 #
2022/0032(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. When monitoring the semiconductor value chain pursuant to Article 15, Member States, and where necessary and proportionate, industry representatives that are members of the Semiconductor Board, shall monitor the early warning indicators identified by the Commission.
Amendment 638 #
2022/0032(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Member States in consultation where necessary and proportionate with industry representatives shall identify key market actors along the semiconductor supply chains in their national territory in accordance with a pre-defined criteria agreed by the European Semiconductor Board and the Commission, taking into account the following elements:
Amendment 647 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. A semiconductor crisis shall be considered to occur when there areis a serious and extraordinary disruptions in to the supply of semiconductors, leading to a significant shortages, which: of products or services, which poses a serious and immediate threat to the functioning, health, economy, and security and defence of the Member States and the Union citizens;
Amendment 650 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
Amendment 652 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
Amendment 658 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Before the expiry of the duration for which the crisis stage was activated, the Commission shall, after consulting the European Semiconductor Board and industry stakeholders, assess whether the activation of the crisis stage should be prolonged. Where the assessment concludes that a prolongation is appropriate, the Commission may prolong the activation by means of implementing acts. The duration of the prolongation shall be specified in the implementing acts adopted in accordance with Article 33(2). The Commission may repeatedly decide to prolong the activation of the crisis stage where this is appropriate.
Amendment 660 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. During the crisis stage, the Commission shall, upon request from a Member State or on its own initiative, convene extraordinary meetings of the European Semiconductor Board as necessary. Member States and industry representatives shall work closely with the Commission and coordinate any national measures taken with regard to the semiconductor supply chain within the European Semiconductor Board.
Amendment 661 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
4 a. The triggering of the crisis stage shall be accompanied by a crisis situation assessment report, drawn up by the Commission and the European Semiconductor Board, and made available to the European Parliament.
Amendment 662 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Upon expiry of the duration for which the crisis stage is activated, the measures taken in accordance with Articles 20, 21 and 22 shall cease to apply. The Commission in consultation with the European Semiconductor Board shall review the Union risk assessment pursuant to Article 16(2) no later than six months after the expiry of the duration of the crisis stage, the conclusions of that review shall be made available to the European Parliament.
Amendment 672 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 3 – introductory part
Article 19 – paragraph 3 – introductory part
3. Where the crisis stage is activated and where appropriate in order to address the semiconductor crisis in the Union, the European Semiconductor Board mayshall assess and advise on further appropriate and effective emergency measures, for example:
Amendment 673 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 3 – point a
Article 19 – paragraph 3 – point a
(a) assess the impact and consequences to the Union's semiconductor industry of the possible imposition of protective measures, including in particular whether the market situation corresponds to a significant shortage of an essential product pursuant to Regulation 2015/479 and provide an opinion to the Commission; , and a crisis, as defined in this Regulation; and provide an opinion to the Commission after detailed consultation with industry stakeholders and international partners. The activation of a crisis stage and the protective measures taken, shall not place the Union's semiconductor industry at risk of increased vulnerability as a consequence;
Amendment 682 #
2022/0032(COD)
6. The Commission mayshall, after consulting the European Semiconductor Board and industry stakeholders, issue guidance on the implementation and the use of the emergency measures.
Amendment 686 #
2022/0032(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The Commission shall, after consulting the European Semiconductor Board, request representative organisations of undertakings or, if necessary, individual undertakings operating along the semiconductor supply chain to inform the Commission, where necessary and proportionate and in line with the confidentiality rules provided in this Regulation, about their production capabilities, production capacities, current primary disruptions and provide other existing data necessary to assess the nature of the semiconductor crisis or to identify and assess potential mitigation or emergency measures at national or Union level.
Amendment 689 #
2022/0032(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1 a. In the event of a crisis situation, and the information already provided by organisations and undertakings proves insufficient to fully assess the measures needed to be taken to mitigate the risks, then on a case-by-case basis and after consultation with the European Semiconductor Board, further information may be requested. Such information shall be treated in accordance with the basic principles and minimum standards of security for protecting information and data of this nature.
Amendment 690 #
2022/0032(COD)
Proposal for a regulation
Article 20 – paragraph 1 b (new)
Article 20 – paragraph 1 b (new)
1 b. In the event of a data breach or unauthorised disclosure of information and data collected, this shall result in a full investigation by the Commission or competent authority, and if necessary a revision of the guidelines applied to the treatment, storage and handling of the data under the requirements of this Regulation. The Commission or Member States shall ensure the appropriate action is taken. The entity or undertaking has the right to decline sharing further information until an investigation has been carried out, and a remedy has been sought.
Amendment 691 #
2022/0032(COD)
Proposal for a regulation
Article 20 – paragraph 1 c (new)
Article 20 – paragraph 1 c (new)
1 c. There shall be a single point of contact established by the Commission for such information to be provided to reduce administrative burden in reporting measures, and to reduce the risk of data breaches and the unauthorised disclosure of business, security, and economically sensitive information.
Amendment 694 #
2022/0032(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The request for information shall state its legal basis, be proportionate and necessary in terms of the granularity and volume of the data and frequency of access to the data requested, have regard for the legitimate aims of the undertaking and the cost and effort required to make the data available, and set out the time limit within which the information is to be provided. It shall also indicate the penalties provided for in Article 28.
Amendment 695 #
2022/0032(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Should an undertaking supply incorrect, incomplete or misleading information in response to a request made pursuant to this Article as a consequence of bad faith or recklessness, or not supply the information within the prescribed time limit, it shall be subject to fines set in accordance with Article 28.
Amendment 697 #
2022/0032(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. Should an undertaking established in the Union be subject to a request for information related to its semiconductor activities from a third country, it shall inform the Commission in such a manner as to enable the Commission to request similar information if necessary and relevant to its tasks. The Commission shall inform the European Semiconductor Board of the existence of such request from a third country.
Amendment 702 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where necessary and proportionate to ensure the operation of all or certain critical sectors, and in line with the Directive of the European Parliament and of the Council on the resilience of critical entities, the Commission may oblige Integrated Production Facilities and Open EU Foundries to accept and prioritise an order of crisis-relevant products (‘priority rated order’). The obligation shall take precedence over anyother performance obligations under private or public law.
Amendment 708 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. When a semiconductor undertaking established in the Union is subject to a third country priority rated order measure, it shall inform the Commission. Should that obligation significantly impact the operation of certain critical sectors, and if the Union is also in a crisis situation, the Commission may oblige that undertaking, where necessary and proportionate, to accept and prioritise orders of crisis relevant products in line with paragraph 4, 5 and 6.
Amendment 714 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The obligations under paragraph 1, 2 and 3 shall be enacted by the Commission via decision. The decision shall be taken in accordance with all applicable Union legal obligations, having regard to the circumstances of the case, including the principles of necessity and proportionality. The decision shall in particular have regard for the legitimate aims of the undertaking concerned and the cost and effort, effort, technical practicality, and long-term business consequences, required for any change in production sequence. In its decision, the Commission shall state the legal basis of the priority rated order, fix the time-limit within which the order is to be performed, and, where applicable, specify the product and quantity, and state the penalties provided for in Article 28 for non- compliance with the obligation. The priority rated order shall be placed at fair and reasonable price, reflective of the market price.
Amendment 715 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4 a. For those facilities carrying out a priority rated order, the Commission may work within the structures of the European Semiconductor Board to enable Member States to introduce new tax incentives or substantially improve existing ones to stimulate investment in research in the area of semiconductors in accordance with the Commission Communication - Towards a more effective use of tax incentives in favour of R&D.
Amendment 720 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 5 – point a
Article 21 – paragraph 5 – point a
(a) if the undertaking is unable to perform the priority rated order on account of insufficient production capability or production capacity, or would entail unfeasible technical adjustments or an unrealistic period of time for technical adaptations, even under preferential treatment of the order;
Amendment 723 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 5 – point b
Article 21 – paragraph 5 – point b
(b) if acceptance of the order would place an unreasonable economic burden and, risk to business continuity, or entail particular hardship for the undertaking.
Amendment 724 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 6
Article 21 – paragraph 6
6. Where an undertaking is obliged to accept and prioritise a priority rated order, it shall not be liable for any breach of contractual obligations that is required to comply with the priority rated orders. The liability shall be excluded only to the extent the violation of contractual obligations was necessary for compliance with the mandated prioritisation. Where necessary and relevant, the Commission shall enter into dialogue with third parties.
Amendment 727 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The Commission may, upoin the request of two or more Member Stevent of a crisis situation and where necessary and proportionates, establish a mandate to act as a central purchasing body on behalf of the participating Member States (‘participating Member States’)Member States for their public procurement of crisis-relevant products for certain critical sectors (‘common purchasing’).
Amendment 729 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Commission shall, in consultation with the European Semiconductor Board, assess the utility, necessity and proportionality of the request, and value to the Union, of acting as a common purchasing body. Where the Commission intends not to follow the request, it shall inform the Member States concerned and the European Semiconductor Board and give reasons for its refusal.
Amendment 731 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The Commission shall draw up a proposal for a framework agreement to be signed by the participating Member States. This framework agreement shall organise in detail the common purchasing referred to in paragraph 1.
Amendment 735 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
6. The Commission shall carry out the procurement procedures and conclude the contracts with economic operators on behalf of the participating Member States. The Commission shall invite the participating Member States to appoint representatives to take part in the preparation of the procurement procedures. The deployment and use of the purchased products shall remain the responsibility of the participating Member States.
Amendment 738 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 6 a (new)
Article 22 – paragraph 6 a (new)
6 a. The Commission shall ensure that separation of activities and independence is maintained throughout the process, in relation to its other tasks conducted under this Regulation and in relation to the European Semiconductor Board.
Amendment 739 #
2022/0032(COD)
Proposal for a regulation
Article 23 – paragraph 2 – introductory part
Article 23 – paragraph 2 – introductory part
2. The European Semiconductor Board shall provide the Commission with advice and assistance pursuant to this Regulation and. Its primary function shall be monitoring the Union and global supply chain for potential disruptions, and facilitating cooperation with international partners in order to ensure stability of production and supply and in strengthening the overall semiconductor ecosystem, in particular, by:
Amendment 740 #
2022/0032(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point a
Article 23 – paragraph 2 – point a
(a) providing advice on the Initiative to the Public Authorities Board of the Chips Joint Undertakingmonitoring Union and global supply chains and crisis response issues;
Amendment 741 #
2022/0032(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point a a (new)
Article 23 – paragraph 2 – point a a (new)
(a a) provide a forum of cooperation, coordination and information exchange with third-country partners, to better enable the monitoring of global supply chains and trends that impact the Union, including through information gathering and crisis assessment, in line with international obligations;
Amendment 743 #
2022/0032(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point d
Article 23 – paragraph 2 – point d
Amendment 750 #
2022/0032(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point e a (new)
Article 23 – paragraph 2 – point e a (new)
(e a) providing advice on the Initiative to the Public Authorities Board of the Chips Joint Undertakings.
Amendment 751 #
2022/0032(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 754 #
2022/0032(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. The European Semiconductor Board shall ensure coordination, cooperation and information exchange, where appropriate, with the relevant crisis response and crisis preparedness structures established under Union law, as well as assist in the assessment and evaluation of Integrated Production Facility and Open EU Foundry status.
Amendment 755 #
2022/0032(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The European Semiconductor Board shall be composed of representatives of the Member States, representatives of industry stakeholders, for example the Industrial Alliance on Processors and Semiconductor Technologies, and shall be chaired by a representative of the Commission.
Amendment 759 #
2022/0032(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. On a proposal by and in agreement with the Commission, the European Semiconductor Board shall adopt its rules of procedure by a simple majority of its members. This includes the procedures for voting to remove or maintain the status as an Integrated Production Facility or an Open EU Foundry. Only representatives of Member States and the Commission shall have voting rights.
Amendment 761 #
2022/0032(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Commission mayshall establish standing or temporary sub-groups for the purpose of examining specific questions. Where appropriate, tThe Commission mayshall invite organisations representing the interests of the semiconductor industry, including the Industrial Alliance on Processors and Semiconductor Technologies and users of semiconductors at Union leand experts, industry stakeholders and third-country representativels, to such sub- groups in the capacity of observers. A sub-group including Union Research and Technology Organisations shall be established for the purpose of examining specific aspects on strategic technology directions and reporting on this to the European Semiconductor Board.
Amendment 765 #
2022/0032(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The European Semiconductor Board shall hold ordinary meetings at least ontwice a year. It may hold extraordinary meetings at the request of the Commission or a Member State and as referred to in Article 15 and Article 18.
Amendment 766 #
2022/0032(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The Chair shall convene the meetings and prepare the agenda in consultation with the members of the European Semiconductor Board, in accordance with the tasks of the European Semiconductor Board pursuant to this Regulation and with its rules of procedure. The Commission shall provide administrative and analytical support for the activities of the European Semiconductor Board pursuant to Article 23.
Amendment 767 #
2022/0032(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The Commission may appoint observers to take part in the meetings, as appropriate. The Commission may invite experts with specific expertise, including from relevant stakeholder organisations, with respect to a subject matter on the agenda to take part in the meetings of the European Semiconductor Board on an ad hoc basis. The Commission may facilitate exchanges between the European Semiconductor Board and other Union bodies, offices, agencies and advisory groups. The Commission shall invite a representative from the European Parliament as an observer to the European Semiconductor Board. The Commission shall ensure the participation of relevant other Union institutions and bodies as observers to the European Semiconductor Board with respect to meetings concerning Chapter IV on monitoring and crisis response. Observers and experts shall not have voting rights and shall not participate in the formulation of opinions, recommendations or advice of the European Semiconductor Board and its sub-groups.
Amendment 771 #
2022/0032(COD)
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. The European Semiconductor Board shall take the necessary measures to ensure the safe handling and processing of confidential information. Those measures shall comply with the guidance issued by the Commission.
Amendment 773 #
2022/0032(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Where Member States designates more than one national competent authority, they shall clearly set out the respective responsibilities of the authorities concerned and ensure that they cooperate effectively and efficiently to fulfil their tasks under this Regulation, including with regard to the designation and activities of the national single point of contact referred to in paragraph 3.
Amendment 778 #
2022/0032(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Commission and the national competent authorities, their officials, servants and other persons working under the supervision of these authorities as well as officials and civil servants of other authorities of the Member States shall not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of professional secrecy. They shall strictly respect the confidentiality of information and data obtained in carrying out their tasks and activities in such a manner as to protect in particular intellectual property rights and sensitive business, economic and security related information or trade secrets. This obligation shall apply to all representatives of Member States, observers, experts and other participants attending meetings of the European Semiconductor Board pursuant to Article 23 and the members of the Committee pursuant to Article 33(1).
Amendment 780 #
2022/0032(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The Commission and Member States may exchange, where necessary,on a case-by-case basis, where necessary and proportionate, and in full compliance with the rules set out within this Regulation and Union law with regard to sensitive business, economic and security related information, exchange confidential information with competent authorities of third countries with which they have agreed on bilateral or multilateral confidentiality arrangements to provide an adequate level of confidentiality.
Amendment 782 #
2022/0032(COD)
Proposal for a regulation
Article 27 – paragraph 3 a (new)
Article 27 – paragraph 3 a (new)
3 a. Where necessary and proportionate the information and data provided by organisations, entities and undertakings shall be handled in accordance with the rules for protecting Union's classified information under Commission Decision (EU, Euratom) 2015/4441a and /or national rules.
Amendment 783 #
2022/0032(COD)
Proposal for a regulation
Article 27 – paragraph 3 b (new)
Article 27 – paragraph 3 b (new)
3 b. The European Semiconductor Board and the Commission shall ensure that it provides clear and mandated rules safeguarding the circumventing technology protection measures, and the use of confidential data relating to sensitive business, economic and security related data. The requirements under Directive (EU) 2016/943 of the European Parliament and of the Council shall be extended to the provisions of this Regulation.
Amendment 784 #
2022/0032(COD)
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Article 27 a Data and information exchange with third countries 1. The Commission and Member States may exchange, where necessary and proportionate, information with competent authorities of third countries with which they have agreed on bilateral or multilateral arrangements to provide an adequate level of confidentiality. 2. For the purpose of this Regulation, any data transferred to a third country must be tailored as narrowly as possible in order to minimise the amount of data transferred to fulfil the necessary activity. 3. Such information shall be transferred from a single contact point in the Commission, and transferred to a single designated contact point in the third country. The designated provider of the data shall keep a detailed log of all data transmitted to a third country for the purpose of the activities pursued. 4. The third country shall provide guarantees that the data provided is used strictly and exclusively for the purposes of the tasks being fulfilled under this Regulation, and that no further onwards transfers have been made. 5. To prevent unauthorised access to, or disclosure or loss of the data or any unauthorised form of processing, the provided data shall be held in a secure physical environment, stored separately from any other data, and maintained with high level systems and physical intrusion controls. That data shall not be interconnected with any other database. The data shall be limited to those persons involved in the undertaking of these tasks, the names of which shall be provided to the Commission. No copies of provided data shall be made, other than for disaster recovery and backup purposes. 6. Once the data is no longer required, it shall be deleted. This shall be reviewed by the relevant authority in the third country on an annual basis. 7. If it transpires that data has not been treated in accordance with the relevant rules or transferred onwards, then no further data shall be transferred under this Regulation.
Amendment 799 #
2022/0032(COD)
1. By three years after the date of application of this Regulation and every four years thereafter,Every 18 months the Commission shall submit a report on the evaluation and review of this Regulation to the European Parliament and to the Council. The findings of the report shall be presented to the European Parliament. The reports shall be made public.
Amendment 800 #
2022/0032(COD)
Proposal for a regulation
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
1 a. Sensitive and restricted information shall be redacted or processed by the European Parliament in accordance with existing rules and protocols.
Amendment 77 #
2021/2255(INI)
Motion for a resolution
Recital E
Recital E
E. whereas building a better future starts with quality education and training; whereas access to quality education is a fundamental right; whereas a high-quality built environment is the result of the work of skilled professionals in the construction sector and creative and cultural industries;
Amendment 162 #
2021/2255(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Acknowledges that, by translating the values of the original Bauhaus to today’s challenges, the NEB aspires to create a cultural movement that contributes to a smarter, more sustainable and more enjoyable living environment;
Amendment 206 #
2021/2255(INI)
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
Acknowledges that NEB has the potential to contribute to the post-war restoration of cities, societies and economy
Amendment 237 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – indent 1
Paragraph 8 – indent 1
- supporting the implementation of key policies; (e.g. Green Deal, environmental, industrial, social and cultural policies);
Amendment 246 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – indent 3
Paragraph 8 – indent 3
- creating new jobs and business opportunities and adding economic value;
Amendment 248 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – indent 3 a (new)
Paragraph 8 – indent 3 a (new)
- protecting the environment and diverse cultural and natural landscapes,
Amendment 249 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – indent 3 b (new)
Paragraph 8 – indent 3 b (new)
- contributing to the circularity and sustainability of the European economy
Amendment 252 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – indent 4
Paragraph 8 – indent 4
- securing accessibility and affordabil, inclusiveness, affordability and diversity;
Amendment 257 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – indent 5
Paragraph 8 – indent 5
- promoting the participation and connection of EU citizens;
Amendment 321 #
2021/2255(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to develop a clear plan for attracting public and private investment, with a particular focus on promoting female leadership in venture capital and start-ups; encourages the Member States to allocate adequate funding to the NEB through their recovery and resilience plans and the European structural and investment funds;
Amendment 346 #
2021/2255(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Believes that the NEB movement should promote more sustainable, socially inclusive and innovative ways of life based on new models of planning, constructing and inhabiting our built environment in order to suit emerging needs and help to ensure decentquality housing for all;
Amendment 384 #
2021/2255(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights that the NEB could support energy security and efficiency by encouraging investment and incentivising low-tech, low-energy solutions and by focussing on low carbon materials and solutions, and could facilitate the digital transition by improving connectivity to mitigate the digital divide; underlines the importance of the NEB fighting energy poverty through innovative solutions for the building, construction, industrial and materials sectors;
Amendment 448 #
2021/2255(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Supports the creation of an annual NEB festival and awards; calls for synergies with other relevant European awards and events;
Amendment 450 #
2021/2255(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. calls for making 2023 the ‘European Year of NEB’;
Amendment 18 #
2021/2055(INI)
Motion for a resolution
Citation 32
Citation 32
— having regard to its resolution of 29 April 2021 on blasphemy laws in Pakistan, in particular the case of Shagufta Kausar and Shafqat Emmanuel9 , its resolution of 14 April 2016 on Pakistan, in particular the attack in Lahore, and its resolution of 13 December 2018 on Iran, notably the case of Nasrin Sotoudeh, __________________ 9 Texts adopted, P9_TA(2021)0157.
Amendment 41 #
2021/2055(INI)
Motion for a resolution
Recital C
Recital C
C. whereas discrimination and persecution of religious is carried out by different actors – whether governments or other groups in society – and can take different forms, such as killings, torture, physical attacks, arbitrary arrests, coercion, forced conversion, kidnapping and forced marriage, forced birth control, forced displacement, various forms of human trafficking (slavery, sexual or labour exploitation), threats, exclusion, discriminatory and unfair treatment, harassment, expropriation of private properties, limitation of access to elective offices, employment, education, health and administration services, destruction of places of worship, cemeteries and cultural heritage, and online hate speech;
Amendment 83 #
2021/2055(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes the view that, regardless of their religion and belief, it is essential to promote and ensure the inclusion of all equal and inclusive citizenship for all in their societizens in their societieses, where the members of religious minorities live, and in political and cultural life;
Amendment 107 #
2021/2055(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines that although it is usually religious minorities that are the target of persecution or intolerance, there are cases in which persecution is also suffered by religious communities that are not sociologically minorities and have a large presence in a territory or state, but find themselves in a situation of vulnerability that makes them easy targets of intolerance and violence by terrorist groups that seek to subjugate, expel and, in some cases, exterminate them;
Amendment 116 #
2021/2055(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that indigenous religious communities, among others Christians in the Middle East countries, contribute profoundly to the social stability, conflict prevention and peace of their countries;
Amendment 134 #
2021/2055(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Applauds churches’ and faith based organisations’ irreplaceable humanitarian activities in conflict-hit zones, assisting people in dire need regardless of denominational background;
Amendment 145 #
2021/2055(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes with particular concern that persecution of Christians is widespread in the Middle East, at times amounting to genocide, and has prompted an exodus of Christians from the region over the past two decades, resulting in approximately 15 million Christians making up 4 % of the population in the Middle East and North Africa, down from 20 % a century ago; stresses in this respect the inalienable right to stay of discriminated and persecuted religious communities in their homelands;
Amendment 157 #
2021/2055(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls the genocides, crimes against humanity and war crimes were committed in Iraq and Syria by the so- called ‘ISIS/Daesh’ against Christians, Yazidis, Muslims and other religious and ethnic minorities in the territories under its control during the period 2014-2020;
Amendment 190 #
2021/2055(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that persecution of religious minorities in Asia is commonplace in many countries, especially in those with communist regimes, and that blasphemy laws are of particular concern, particularly in Pakistan, that disproportionately target minorities, including Christians and Hindus; notes that in addition to the penalties, these laws create an environment and pretext that lead to riots and mob violence against religious minorities’ communities and neighbourhoods as well as their temples, which create intimidation and social unrest among them;
Amendment 219 #
2021/2055(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Condemns the violence and attacks by radical Hindus in India against religious minorities, including mobs;
Amendment 239 #
2021/2055(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Recalls that after major defeats of 'ISIS/Daesh' in Syria and the Middle East, the terror organisation is gaining new ground through its affiliates in the Sahel, among others in Mali and Burkina Faso, aiming at imposing its rule and violent ideology in the area;
Amendment 248 #
2021/2055(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Emphasises the need to investigate and prosecute the murdering, kidnapping, raping, wounding and other crimes committed against Christian farmers in the Middle Belt of Nigeria, and encourages the Prosecutor of the International Criminal Court to enlarge the ongoing investigations for the crimes against humanity and war crimes presumably committed by Boko Haram, adding the mentioned crimes committed by jihadist Fulani militias in the Middle Belt, that have already provoked thousands of killings;
Amendment 324 #
2021/2055(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Encourages the Commission to assist and support members of religious minorities and their families, who look for international protection or are IDPs due to war, violence and persecution, and who are willing to voluntary return to their home places, including the reconstruction of their homes, livelihoods and basic infrastructures, such as schools and hospitals;
Amendment 345 #
2021/2055(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Welcomes the regular contacts and cooperation of EU institutions with CSOs, including Churches and religious communities, to improve the situation of persecuted religious minorities in third countries, and overcome the difficulties and obstacles they have to face in their everyday life; encourages EU institutions to intensify partnerships with CSOs, including Churches and religious communities, in particular with those in third countries dealing with religious freedom and supporting and assisting religious minorities, and leaders of persecuted religious minorities, in order to advance religious freedom and to improve the wellbeing of religious minorities’ faithful, in particular those who are in most vulnerable situations;
Amendment 10 #
2021/2046(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need for ambitious policies to reduce transport’s reliance on fossil fuels without delayAcknowledges transport’s reliance on fossil fuels and stresses the need for ambitious policies to decarbonise all transport modes; calls on the Commission and Member States to adopt and implement a coherent long-term strategy for the transition towards a sustainable transport system, and to design a stable regulatory framework to ensure predictability for stakeholders, businesses, SMEs as well as citizens;
Amendment 16 #
2021/2046(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Points out the essential role played by transport in safeguarding the well- being and strengthening the competitiveness of the EU single market, while ensuring the free movement of people and goods within EU internal borders;
Amendment 18 #
2021/2046(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Reiterates the importance to base the policy measures set out in the Sustainable and Smart Mobility Strategy on comprehensive impact assessments that take into account economic, environmental and social consequences as well as the diverse mobility needs of users;
Amendment 22 #
2021/2046(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that the challenges ahead are also, especially in the aftermath of the COVID- 19 pandemic, are an opportunity for the Union industrial leadership in clean technologies such as gaseous fuels, batteries or hydrogen, as well as in the related industrial ecosystems, for boosting jobs and supporting strategic value chains; stresses the need to avoid dependence from external suppliers in strategic sectors to achieve the strategic autonomy of our Union; welcomes the new European partnerships under Horizon Europe related to mobility; and the EU strategy for critical raw materials
Amendment 52 #
2021/2046(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for a holistic approach based on the principle of technology neutrality and the life cycle assessment to increase the share of renewable and low-carbon energy in the transport sector, where the further development and deployment of low- and zero-emission vehicles should play a key role; the further development and deployment of electric vehicles should play a key role;
Amendment 65 #
2021/2046(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on Member States to implement the Clean Energy Package in order to facilitate the production and management of the increased renewable electricitnergy needed to decarbonise the transport sector;
Amendment 72 #
2021/2046(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for measures to unlock the potential of the energy efficiency first principle by boosting opportunities from digitalisation and electrificationdecarbonisation of the transport sector;;
Amendment 85 #
2021/2046(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to conduct a comprehensive assessment of the possibilities for advanced biofuels and associated infrastructure development in the EU, such as options for the greater uptake of sustainable alternative fuels, in particular in the aviation and maritime sectors, as part of the review of RED II;
Amendment 91 #
2021/2046(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Underlines that the technology for the production of renewable and low- carbon fuels is available and needs to be deployed on a large scale without delay. Welcomes in this regard the intention to establish a Renewable and Low-Carbon Fuels Value Chain Alliance, whose scope should cover all transport modes, with the aim to boost the supply and deployment of the most promising fuels;
Amendment 96 #
2021/2046(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for increased effortsWelcomes the European flagship “Recharge and Refuel” under the Recovery and Resilience Facility; calls for increased efforts in the upcoming review of the Alternative Fuel Infrastructure Directive to achieve a EU-wide roll-out of recharging and refuelling infrastructures and the adoption of harmonised standards to ensure interoperability.
Amendment 102 #
2021/2046(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Highlights the importance of providing support to the research and development of the most promising and sustainable technologies, like gaseous fuels, hydrogen, hybrid and electric ones, following a technology neutral approach based on life-cycle GHG emissions, in order to accelerate the transition to the next generation of decarbonised transport systems.
Amendment 14 #
2021/2043(INI)
Motion for a resolution
Recital B
Recital B
B. whereas any assessment of the barriers to the single market should be based on the experiences and perceptions of businesses and consumers who engage to some degree withoperate on the single market every day; whereas existing single market barriers disproportionately affect SMEs and microenterprises, and hinder their cross- border activities;
Amendment 20 #
2021/2043(INI)
Motion for a resolution
Recital C
Recital C
C. whereas many barriers affecting the single market derive from incorrect or incomplete application of EU legislation or measures taken by Member States to protect their general interests;
Amendment 38 #
2021/2043(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Amendment 41 #
2021/2043(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas a clear majority of businesses consider that the single market is not sufficiently integrated;
Amendment 42 #
2021/2043(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
G c. whereas fragmentation of rules for cross-border commerce deeply affect business and consumers all over the internal market;
Amendment 43 #
2021/2043(INI)
Motion for a resolution
Recital G d (new)
Recital G d (new)
Amendment 44 #
2021/2043(INI)
Motion for a resolution
Recital G e (new)
Recital G e (new)
G e. whereas arbitrary public procurement practices and abuses of the exceptions given by the current Public Procurement framework for long term contracts taken during the Covid pandemic highly affected the internal market and posed serious threats to transparency;
Amendment 45 #
2021/2043(INI)
Motion for a resolution
Recital G f (new)
Recital G f (new)
G f. whereas despite the efforts made in the past by multiple programmes and applications, traders still struggle to find information on the rules and procedures for the cross-border provisions of services and the sale of goods;
Amendment 46 #
2021/2043(INI)
Motion for a resolution
Recital G g (new)
Recital G g (new)
G g. whereas barriers in the digital single market still exist and have to be removed in order to realise its full potential; whereas the use of new technologies and AI can be helpful to overcome those barriers; whereas better implementation of existing legislations for the European single market is crucial;
Amendment 47 #
2021/2043(INI)
Motion for a resolution
Recital G h (new)
Recital G h (new)
G h. whereas the lack of harmonization and insufficient standardisation bring additional cost and reduces safety of products on the single market while decreasing European competitiveness on the international markets;
Amendment 60 #
2021/2043(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that the single market remains the European Union’s greatest achievement; urges the Commission, therefore, to refocus resources at issues plaguing the single market, in particular non-tariff barriers (NTBs), which continue to create unnecessary and unfair burdens and limit opportunities for consumers and businesses, especially SMEs;
Amendment 70 #
2021/2043(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Deplores that according to an EP study the number of infringement proceedings against Member States in the field of single market has risen between 2017 and 2019, reaching 800 in 2019, its highest level since 2014;
Amendment 74 #
2021/2043(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Acknowledges that certain NTBs can be justified and originate from multi- level governance; uUrges the Member States, where such NTBs are absolutely essential, to ensure their proportionality and strict alignment with legitimate public policy objectives;
Amendment 87 #
2021/2043(INI)
Motion for a resolution
Paragraph 6 – point b
Paragraph 6 – point b
b) burdensome and complex administrative requirements, insufficient and inaccessible information and limited lines of communication with public administration, including through points of single contact, which also limit the possibilities for new or competing services in new locations that would improve consumer choice;
Amendment 98 #
2021/2043(INI)
Motion for a resolution
Paragraph 6 – point d a (new)
Paragraph 6 – point d a (new)
d a) insufficient rules for cross-border e-commerce;
Amendment 100 #
2021/2043(INI)
Motion for a resolution
Paragraph 6 – point d b (new)
Paragraph 6 – point d b (new)
Amendment 126 #
2021/2043(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls on the Commission and Member States to adopt handy, concise, and ready-to-use tools for national authorities to address incorrect practices and violations and enforce the internal market rules;
Amendment 137 #
2021/2043(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers thatStresses the existence of obstacles to mutual recognition of professional qualification is seriously affected by administrative barrierss and other requirements to access a regulated profession imposed by some Member States;
Amendment 146 #
2021/2043(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Manifests deep concern with an increasing number of uncoordinated urban vehicle access regulations applied to both private and commercial vehicles, which hamper the freedom of movement and basic principles of internal market; asks the Commission to access and act on this unjustified limitation to the internal market notwithstanding the environmental value that may underlie the measures;
Amendment 148 #
2021/2043(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. New Title : Digitalization and Use of AI
Amendment 149 #
2021/2043(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13 c. Believes that digitalisation and emerging technologies such as AI can contribute to achieving the objectives of the EU and deepen the internal market; stresses that, if such technologies are used correctly, they can be positive and transformative and address many challenges to eliminate the single market obstacles;
Amendment 150 #
2021/2043(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13 d. Welcomes the DSA and DMA regulation proposals and asks for the European Commission and Member States to adopt frameworks which are coherent with the other policies of the internal market and the EU; considers that it is of outmost importance for companies and specially SMEs and consumers to have a clear, harmonized and robust set of rules;
Amendment 151 #
2021/2043(INI)
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13 e. Underlines the importance of a fully functioning digital single market that benefits consumers and enterprises and asks for SMEs to be supported in order to face the obstacles and struggles in their digital transformation;
Amendment 162 #
2021/2043(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Regrets that despite the investment taken in SOLVIT, the lack of visibility and confidence of companies in the SOLVIT network in solving their problems is quite high; invites the Commission to revisit the SOLVIT network system and its adaptability to future challenges for the internal market;
Amendment 183 #
2021/2043(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to present an annual periodic report on NTBs and establish an open and transparent database compiling specific national NTBs together with ongoing infringement procedures;
Amendment 199 #
2021/2043(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Calls on each Member State to ensure that all competent authorities within its jurisdiction have all the minimum powers and necessary budget and staff to ensure the proper application of the internal market acquis;
Amendment 200 #
2021/2043(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23 b. Stresses the importance of an increased level of harmonisation that includes effective and efficient enforcement cooperation among the competent authorities in order to detect, to investigate and to order the cessation or prohibition of the infringements;
Amendment 9 #
2021/2040(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, despite the lack of comprehensive data on its full impact, the TSD is still effective in guaranteeing the free movement of toys in the Single Market and the number of companies operating in the market since the full application of the TSD increased by 10 % from 2013 to 2017, while the turnover of the EU toy industry has constantly increased since its entry into force; whereas 99 % of companies in the sector are SMEs;
Amendment 21 #
2021/2040(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges the added value of the TSD in improving the safety of children and ensuring an equal high level of protection across the single market, compared to the previous directive, and its role in providing legal certainty and a level playing field for businesses;
Amendment 29 #
2021/2040(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes, however, that inconsistencies that call for a revision of the TSD remain and therefore asks the Commission to foresee an exhaustive impact assessment in order to check if and how these inconsistencies could be addressed;
Amendment 42 #
2021/2040(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that spreading out requirements across several pieces of legislation, and providing for different limit values, can be is burdensome and can in some caseseven necessitate duplicate the measuring of substances, as in the case of migration and content limit values; calls on the Commission, therefore, to consider consolidating all applicable limits for toys in one piece of legislation in order to streamline conformity assessment and make it more easy and less burdensome to comply with the requirements;
Amendment 47 #
2021/2040(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the derogation from the prohibition of chemicals that are carcinogenic, mutagenic or toxic to reproduction (CMRs) set out in the TSD allows for the presence of those chemicals in concentrations that arppear to be too high to ensure the protection of children; calls on the Commission to urgently to substantially reduce the generic limits for derogated CMRs in the TSD; insists that, in line with the Chemicals Strategy for Sustainability, the possibility toconduct an impact assessment in order to analyse if the derogateion from the rules on the presence of CMRs in parts of the toy that are inaccessibleinaccessibility of CMRs to the child should be deleted;
Amendment 52 #
2021/2040(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that lower limit values for chemicals such as nitrosamines and nitrosatable substances set out at national level compared to those established in the TSD create inconsistencies, even when justified by the Commission; notes, however, that all EU children should enjoy the same high level of protection; acknowledges that this limit value cannot be amended by an implementing act but would require a legislative procedure; calls on the Commission, therefore, to adapt the limit valueconduct an exhaustive impact assessment before its revision of the TSD analysing, if the limit value needs to be adapted to the strictest value in force at national level in a revision of the TSD;
Amendment 57 #
2021/2040(INI)
10. Calls on the Commission to proposeanalyse within its impact assessment in the framework of the revision of the TSD if a hazard identification procedure for endocrine disruptors, based on the definition of the World Health Organization (WHO), and to apply it in a future revision of the TSD to ensure that endocrine disruptors are banned in toys as soon as they are identifi should be proposed and if endocrine disruptors should be banned, as well as to consider introducing horizontal legislation with that aim, as repeatedly requested by Parliament and by the Council;
Amendment 67 #
2021/2040(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is concerned that the stricter provisions for chemicals in toys intended for children aged under 36 months do not take into account the fact that older children remain vulnerable to dangerous substances; notes that this distinction can result in manufacturers circumventing the provisions by indicating that the toy is intended for children above 36 months even when it is clearly not the case; stresses that several stakeholders and Member States have indicated thatcalls on the Commission, therefore, to analyse this distinction is clearly inadequate and asked for it to be eliminated; calls on the Commission, therefore, to do so in itssue within the impact assessment to the revision of the TSD;
Amendment 74 #
2021/2040(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the TSD contains an obligation for Member States to perform market surveillance underthe competent authority of the Member States to take due account of the precautionary principle, test toys on the market and verify manufacturers’ documentation with a view to withdrawing unsafe toys and taking action against those responsible for placing them on the market; is concerned that the effectiveness of market surveillance under the TSD is limited, putting the health and safety of children at risk and undermining the level playing field for economic operators that comply with the legislation, to the benefit of rogue traders, who do not;
Amendment 80 #
2021/2040(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the adoption of Regulation (EU) 2019/1020, which aims to improve market surveillance by strengthening controls by national authorities to ensure that products entering the single market, including toys, are safe and comply with the rules, and calls on the Member States to implement it fullycorrectly and on time and to set minimum sampling rates for checks, so that effective enforcement of the TSD can be ensured;
Amendment 90 #
2021/2040(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to explore possibilities for using new technologies such as blockchain and artificial intelligence to detect unsafe products and facilitate the work of market surveillance authorities by providing easily accessible and, structured and, if possible, digital information on products and their traceability in the supply chain;
Amendment 98 #
2021/2040(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to step up coordination of their market surveillance activities; Underlines that an efficient market surveillance is essential in order to detect unsafe toys and calls therefore on the Member States to increase the resources, provide modern equipment to and properly staff their market surveillance authorities and custom authorities and to step up coordination and cooperation among them, including at cross-border level, so that a swift transfer of information on unsafe toys can be enabled;
Amendment 104 #
2021/2040(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Highlights that in order to detect unsafe toys more efficiently the market surveillance authorities should carry out mystery shopping also on online marketplaces on a regular basis and at least once a year in particular because toys are the products that are notified the most on the Safety Gate (RAPEX);
Amendment 107 #
2021/2040(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
Amendment 108 #
2021/2040(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16 c. Encourages the use of new technologies such as AI and blockchain by market surveillance authorities to ensure that data analytics can be used to mitigate risk and improve compliance with the TSD;
Amendment 113 #
2021/2040(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is concerned by the new vulnerabilities and risks posed by connected toys; calls on the Commission to explore different options for action, such as extending the scope of the TSD to include provisions on information security or reinforcing the relevant horizontal legislation, such as the Radio Equipment Directive and the Cybersecurity Act, as well as the GDPR, while keepinvolving Parliament informed of its choices;
Amendment 117 #
2021/2040(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Encourages producers of connected toys to integrate safety and security mechanisms by design;
Amendment 118 #
2021/2040(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Is concerned that consumers respond poorly to recalls, and that unsafe toys continue to be used by children even though they have been recalled; asks therefore the Commission to publish guidelines on recall procedures, including a check list with concrete requirements and asks the online marketplaces to establish effective mechanisms to make sure they can reach their users, buyers and sellers in order to inform them as quickly as possible when recalls are necessary and to increase the number of consumers reached by the recalls;
Amendment 122 #
2021/2040(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights that the development of e-commerce benefits the consumers but also poses challenges for market surveillance authorities in ensuring the compliance of products sold online; notes that many products bought online fail to conform to EU safety requirements and is concerned by the high number of dangerous toys sold online;
Amendment 130 #
2021/2040(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that online marketplaces should take additional steps tocan play a tremendous role in limiting the circulation of unsafe toys and therefore they should be obliged to take more responsibility in ensureing the safety and compliance of toys sold on their platforms by consulting the Safety Gate (RAPEX) system before placing a toy on their platform, removing toys identified as unsafe by the Safety Gate (RAPEX) immediately, taking measures to stop them from reappearing and cooperating effectively with the market surveillance authorities; insists in the strongest terms, in this sense, that it is fundamental to ensure consistency between different instruments such as the Digital Services Act and the future legislative act revising the GPSD when it comes to the responsibility of online marketplaces, under the principle ‘what is illegal offline is illegal online’;
Amendment 137 #
2021/2040(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Urges the Commission to require online marketplaces to introduce a link to the Safety Gate (RAPEX) on their websites so as to raise awareness about this platform and to modernise the Safety Gate (RAPEX) system in order to also allow better and quicker identification of unsafe toys by the online marketplaces;
Amendment 144 #
2021/2040(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that a regulation would be more effective, as it would be applicable at the same time in all Member States; calls on the Commission, since the TSD acts as a de facalls on the Commission to analyse in its revision of the TSD if the directive should be converted into a regulation, to take the chance offered by its revision to convert it into a regulation in order to enhance its effectiveness and efficiency;
Amendment 146 #
2021/2040(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Considers it essential to provide for a broader scope for amendments in the future revision, includinghat the Commission effects a solid impact assessment to analyse if and how mechanical and physical requirements in particular for children under 36 months, limit values for nitrosamines, labelling provisions for allergenic fragrances and CMRs could be inserted in the future revision of the TSD;
Amendment 152 #
2021/2040(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls onHighlights that the guidance documents from the Commission are helpful to clarify if the definition of ‘grey zone’ productproduct is a toy or not, but that there are still products within the ‘grey zone’ and therefore calls on the Commission to solve this problem within the definition of toys in the future revision of the TSD;
Amendment 159 #
2021/2040(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission to introduce mandatory labelling for toys, providing the consumer at the time of purchase with clear, easily understandable and comparable information on a toy’s estimated lifetime, the extent to which it is reparable and the availability of spare parts, including, where relevant, the availability of the necessary software, and setting out options for repairanalyse whether the durability and reparability of toys can influence their safety;
Amendment 167 #
2021/2040(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Highlights that the lack of consistent EU-wide statistics on toy-related accidents makes it impossibledifficult to quantitatively assess the level of protection granted by the TSD; believes that a lack of coordination and funding at EU level is a root cause of the absence of consistent data and calls onproposes to the Commission to addressuse thise in a future revision through the establishment of a pan-European accident and injury databasedicators and data gathered from ICSMS, RAPEX and joint actions to assess the efficiency of the TSD;
Amendment 6 #
2021/2007(INI)
Draft opinion
Recital B
Recital B
B. whereas although intellectual property rights (IPR) are well regulated in most Member States, a single market for enforcement of such rights is still missing, and infringements and hold-backs are jeopardising cultural diversity and the open system that leads to innovations; whereas counterfeit products are still abundant in the single market, with most of them entering the EU through the digital market, causing financial losses of approximately EUR 60 billion per year;
Amendment 16 #
2021/2007(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the importance of better cooperation between the European Union and the Member States to harmonise IP legislation and facilitate the access of economic operators to IPR registration at EU level, as well as of effective harmonization of enforcement of IP rights in the EU; recommends that the current legislation be adapted in order to improve the functioning of the single market for IP;
Amendment 25 #
2021/2007(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the importance of obtaining a European unitary patent system, which covers all Member States and, therefore, will create a one-stop shop for businesses, considerably simplify patenting in the EU and boosts transparency and facilitates licensing. Asks in this regard for a full Member States engagement for a rapid rollout of the unitary patent system.
Amendment 30 #
2021/2007(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Welcomes the fact that the Commission is evaluating the possibility to introduce a unified SPC grant mechanism and/or create a unitary SPC title, which would solve the actual situation of fragmented implementation across Member States.
Amendment 31 #
2021/2007(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Stresses the importance to urgently address the lack of harmonised IPR enforcement at the EU level; asks the Commission to evaluate if new measures or guidelines that facilitates cross border IPR enforcement could complement IPR enforcement Directive such as European harmonisation of legal obligations on procedures, procedural safeguards etc.
Amendment 99 #
2021/0293(COD)
(4 a) Policies and investments on digital infrastructure should also aim to ensure inclusive connectivity, with available and affordable Internet access, broadband and mobile services, in order to close the digital divide across the Union, and to support access to emerging broadband- enabled trends and digital services;
Amendment 100 #
2021/0293(COD)
Proposal for a decision
Recital 4 b (new)
Recital 4 b (new)
(4 b) Artificial intelligence (AI) in particular is a promising technology that the Union should enhance. From medicine to transportation to cybersecurity and energy efficiency, and more, AI holds great promise for progress in our society, and for solving some of the world’s biggest problems in terms of health, the environment, education, and mobility contributing to achieving the objectives of the Union and deepening the internal market.
Amendment 108 #
2021/0293(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Digital skills, basic and advanced, are essential to reinforce the collective resilience of the Union’s society. Digitally empowered and capable citizens will be able to take advantage of the opportunities of the Digital Decade. Moreover, digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today, with convergence between women and men. In addition, an essential enabler for taking advantage of the benefits of digitisation, for further technological developments and for Europe’s digital leadership is a sustainable digital infrastructure for connectivity, microelectronics and the ability to process vast data. Excellent and secure connectivity for everybody and everywhere in Europe including in rural and remote areas40 is needed. Societal needs for upload and download bandwidth are constantly growing. By 2030, networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. To this end, it is paramount to ensure the appropriate investments aiming to boost the development of 5G and 6G networks, cloud infrastructure, high-performance computing capacities, quantum computing technologies and other ICT emerging technologies. This requires a fair and proportionate contribution to the cost of usage and financing of network operators investment in connectivity and digital infrastructures especially by large content platforms. Moreover, microprocessors which are already today at the start of most of the key, strategic value chains are expected to be in even higher demand in the future, in particular the most innovative ones. Climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers. _________________ 40 Long-term Vision for the EU’s Rural Areas. COM(2021) 345 final.
Amendment 135 #
2021/0293(COD)
Proposal for a decision
Recital 11
Recital 11
(11) A harmonious, inclusive and steady progress towards the digital transformation and towards the achievement of the digital targets in the Union, requires a comprehensive, robust, reliable, flexible and transparent form of governance, based on close cooperation and coordination between the Union institutions, bodies and agencies, and the Member States. An appropriate mechanism should ensure coordination of convergence and the consistency and effectiveness of policies and measures at Union and national level. Therefore and should also incentivise the activation of appropriate synergies between the Union and national funds, and also between the different Union initiatives and programmes. To this end, the Commission should develop clear, simple and practical guidelines to make best use of the most suitable types of synergies. Considering all this, it is necessary to lay down provisions on a monitoring and cooperation mechanism implementing the Digital Compass Communication.
Amendment 222 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(d a) promote the development regulatory standards with a global dimension to ensure that Union companies, especially SME), can compete fairly along global value chains;
Amendment 224 #
2021/0293(COD)
(d b) create the most appropriate conditions to develop new and emerging technologies such as cloud, edge, quantum and high-performance computing and promote their uptake in the Union businesses, also supporting their capacities to adopt them;
Amendment 235 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point f a (new)
Article 2 – paragraph 1 – point f a (new)
(f a) strengthen, integrate and further connect education, research and innovation ecosystems, in order to garner all sources of innovation, support the growth of start-ups, foster entrepreneurship and contribute to the creation of a vibrant internal market also in terms of research and innovation;
Amendment 237 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) facilitate fair and convergent conditions for investments in digital transformation throughout the Union, including by strengthening the synergies between the use of Union and national funds, and developing predictable regulatory approachesthe synergies between the different Union's initiatives and programmes, including the Joint Undertakings under the Horizon Europe programme, develop predictable regulatory approaches and to develop an adequate framework which requires particular large content platforms to make a fair and proportionate contribution to the cost of usage of network operators’ digital infrastructure;
Amendment 273 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 1 – point b
Article 4 – paragraph 1 – point 1 – point b
(b) at least 20 million employed information and communications technology (ICT) specialists are employed, with convergence between women and menpromoting the access of women to this field and reducing the digital gender gap;
Amendment 281 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a
Article 4 – paragraph 1 – point 2 – point a
(a) all European households are covered by a Gigabit network, with all populated areas covered by 5G, without neglecting the rural areas;
Amendment 283 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a a (new)
Article 4 – paragraph 1 – point 2 – point a a (new)
(a a) pave the way to enable the development of 6G services and technologies and to build the relevant R&I capacities;
Amendment 369 #
2021/0293(COD)
Proposal for a decision
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
(1 a) Commission and Member States must create instruments and mechanisms that are flexible enough to address the evolving nature of algorithms and ensure adequate, appropriate, and continuous regulatory revisions;
Amendment 397 #
2021/0293(COD)
Proposal for a decision
Article 12 – paragraph 2 – point e a (new)
Article 12 – paragraph 2 – point e a (new)
(e a) promoting educational and professional approaches to develop the digital skills that are required to get more quality jobs and rewarding careers and to promote a greater participation of girls and women in the digital domain;
Amendment 409 #
2021/0293(COD)
Proposal for a decision
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
(a) Joint Undertakings; , notably the Smart Networks and Services Joint Undertaking, the Key Digital Technologies Joint Undertaking and the High-Performance Computing Joint Undertaking;
Amendment 176 #
2021/0170(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The precautionary principle is a fundamental principle for ensuring the safety of products and consumers and should therefore be taken into due account by all relevant actors when applying this RegulationSince the cooperation between market surveillance authorities and custom authorities is key in order to avoid unsafe products entering the single market, more financial and human resources for these authorities are needed in order to properly fulfil their tasks.
Amendment 177 #
2021/0170(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Considering also the broad scope given to the concept of health26 , the environmental risk posed by a productsafety, hazards associated with the product, like physical and mechanical resistance, flammability, chemical, electrical or biological properties, hygiene and radioactivity, should be taken into consideration in the application of this Regulation in as much as it cansuch hazards also ultimately result in a risk to the health and safety of consumers. __________________ 26 European Environment Agency, ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’, EEA report No 21/2019, 8 September 2020.
Amendment 182 #
2021/0170(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The requirements laid down in this Regulation should apply to second hand products or products that are repaired, refurbished or recycled that re-enter the supply chain in the course of a commercial activity, except for those products for which the consumer cannot reasonably expect that they fulfil state-of-the art safety standards, such as antiques or products which are presented as to be repaired or to be refurbished. Consumer to consumer activities like a garage sale do not fulfil the commercial activity requirement and should therefore be excluded from this legislation;
Amendment 187 #
2021/0170(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) New technologies might also cause new risks to consumers’ health and safety or change the way the existing risks could materialise, such as an external intervention hacking the product or changing its characteristics.
Amendment 191 #
2021/0170(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 200 #
2021/0170(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) Digital items that are linked to a product are also products, even if they are not a tangible item and they should therefore fall under the scope of application of this Regulation.
Amendment 205 #
2021/0170(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) In order for economic operators that are SMEs and micro-businesses to be able to cope with the new obligations imposed by this Regulation, the Commission should provide them with practical guidelines and tailored guidance, for example, a direct channel to connect to experts in case of questions. The Commission might also consider simplifications in order to limit their administrative burden.
Amendment 206 #
2021/0170(COD)
Proposal for a regulation
Recital 24 b (new)
Recital 24 b (new)
(24 b) The obligations of economic operators should be as less of an administrative burden as possible and some of the obligations should be limited to products with a potential serious risk. If digital consumer information tools are available, the economic operators should be allowed to make use of them to ensure a sustainable way of information. However, upon request of the consumer, the relevant information should also be provided free of charge on paper.
Amendment 214 #
2021/0170(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. They could also be considered as economic operators if they are the manufacturer, importer, distributor or a fulfilment service provider of the respective product.
Amendment 215 #
2021/0170(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Given the important role played by online marketplaces when intermediating the sale of products between traders and consumers, such actors should have more responsibilities in tackling the sale of dangerous products online. Directive 2000/31/EC of the European Parliament and of the Council29 provides the general framework for e-commerce and lays down certain obligations for online platforms. Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC30 regulates the responsibility and accountabilityduties of providers of intermediary services online with regard to illegal contents, including unsafe products. That. Lex specialis Article 20 of this Regulation applies without prejudice to the rules laid down by Union law on consumer protection and product safety. Accordingly, building on the horizontal legal framework provided by that Regulation, specific requirements essential to effectively tackle the sale of dangerous products online should be introduced, in line with Article [1(5), point (h)] of that Regulation.in the Digital Services Act in order to effectively tackle the sale of dangerous products online __________________ 29 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. 1–16. 30 Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
Amendment 219 #
2021/0170(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The Product Safety Pledge, signed in 2018 and joined by a number of marketplaces since then, provides for a number of voluntary commitments on product safety. The PHowever, the progress reports on the implementation of the product Ssafety Ppledge has proved its rationale in enhancing theve outlined a lack of progress in some of the voluntary commitments on product safety and therefore the aim of protection ofng consumers against dangerous products sold online. Nonetheless, its voluntary nature and the voluntary participation by a limited number of online marketplaces reduces its effectiveness and cannot ensure a level- playing field could not be successfully reached by this pledge until now.
Amendment 221 #
2021/0170(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Online marketplaces should act with due care in relation to the content hostsafety of products placed on their online interfaces that concerns safety of products, in accordance with the specific obligations laid down in this Regulation. Accordingly, due diligence obligations for all online marketplaces should be established in relation to the content hosted on their online interfaces that concerns safety of products and at the same time administrative burden should be kept to a minimum in order to allow for a level- playing field.
Amendment 227 #
2021/0170(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) TAs specific monitoring obligations, the obligations imposed by this Regulation on online marketplaces shwould neithernot amount to a general obligation to monitor the information whichen they transmit or store, nor to actively seek facts or circumstances indicating illegal activity, such as the sale of dangerous products online. Online marketplaces should, nonetheless, expeditiously products are checked with "Safety Gate" before placing them on their website. Online marketplaces should also avoid the reappearing of unsafe products on their interfaces and remove content referring to dangerous products from their online interfaces, upon obtaining actual knowledge or, in the case of claims for damages, awareness of the illegal content, in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question, in order to benefit from the exemption from liability for hosting services under the 'Directive on electronic commerce' and the [Digital Services Act]. Online marketplaces should process notices concerning content referring to unsafe products, received in accordance with [Article 14] of Regulation (EU) …/…[the Digital Services Act], within the additional timeframes established by this Regulation.
Amendment 229 #
2021/0170(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Even where tThe Safety Gate should be modernised and updated in order to make it easier for the economic operators and online marketplaces to detect unsafe products. The information from the Safety Gate does notshould contain an exact uniform resource locator (URL) and, where necessary, additional information enabling the identification of the illegal content concernedunsafe product. Additionally, online marketplaces should nevertheless take into account the transmitted information, such as product identifiers, when available, and other traceability information, in the context of any measures adopted by online marketplaces on their own initiative aiming at detecting, identifying, removing or disabling access to dangerous products offered on their marketplace, where applicable.
Amendment 231 #
2021/0170(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) For the purposes of [Article 19] of Regulation (EU) …/…[the Digital Services Act], and concerning the safety of products sold online, the Digital Services Coordinator should consider in particular consumer organisations and associations representing consumers’ interest and other relevant stakeholders, upon their request, as trusted flaggers, provided that the conditions set out in that article have been met.
Amendment 234 #
2021/0170(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. Consumers should also be protected against dangerous products in the same way in the offline and online sales channels, including when purchasing products on online marketplaces. Building on the provisions of Regulation (EU) …/…[the Digital Services Act]concerning the traceability of traders, online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this Regulation. Such information should be displayed together with the product listing so that consumers can benefit from the same information made available online and offline. However, the online marketplace should not be responsible for verifying the completeness, correctness and the accuracy of the information itself, as the obligation to ensure the traceability of products remains with the trader.
Amendment 243 #
2021/0170(COD)
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47 a) Market surveillance authorities should carry out mystery shopping on a regular basis, at least once a year, including on online marketplaces and in particular on products that have been mostly listed on the Safety Gate.
Amendment 244 #
2021/0170(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) The Union rapid information system (RAPEX) has proved its effectiveness and efficiency. It enablesneeds to be updated and modernised in order to enable more efficient corrective measures to be taken across the Union in relation to products that present a risk beyond the territory of a single Member State. It is opportune, though, to change the used abbreviated name from RAPEX to Safety Gate for greater clarity and better outreach to consumers. Safety Gate comprises a rapid alert system on dangerous non-food products whereby national authorities and the Commission can exchange information on such products, a web portal to inform the public (Safety Gate portal) and an interface to enable businesses to comply with their obligation to inform authorities and consumers of dangerous products (Safety Business Gateway). Additionally it has to provide an interoperable interface to enable online marketplaces to check the products on their website with the products listed on Safety Gate in an easy, quick and reliable way.
Amendment 262 #
2021/0170(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Market surveillance authorities mightshould carry out joint activities with other authorities or organisations representing economic operators or end users, with a view to promoting safety of products and identifying dangerous products, including those that are offered for sale online. In doing so the market surveillance authorities and the Commission, as appropriate, should ensure that the choice of products and producers as well as the activities performed does not create situations which might distort competition or affect the objectivity, independence and impartiality of the parties.
Amendment 265 #
2021/0170(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) Simultaneous coordinated control actions (‘sweeps’) are specific enforcement actions that can further enhance product safety. In particular and therefore should be conducted on a regular basis to detect online and offline infringements to this Regulation. Additionally, sweeps should be conducted where market trends, consumer complaints or other indications suggest that certain product categories are often found to present a serious risk.
Amendment 297 #
2021/0170(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point g
Article 2 – paragraph 2 – point g
(g) equipment on which consumers ride or travel which is not driven by the consumers themselves but operated by a service provider within the context of a service provided to consumers;
Amendment 299 #
2021/0170(COD)
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
Amendment 306 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘product’ means any tangible or intangible item, interconnected or not to other items, supplied or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can, under reasonably foreseeable conditions, be used by consumers even if not intended for them;
Amendment 314 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use or misuse, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of consumers;
Amendment 331 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
23. ‘recall’ means any measure aimed at achieving the return of a dangerous product that has already been made available to the consumer;
Amendment 356 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Where the presumption of safety laid down in Article 56 does not apply, the following aspects shall be taken into account in particular when assessing whether a product is safe:
Amendment 364 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) the presentation of the product, the labelling, including the age labelling of products regarding their suitability of legality for children, any warnings and instructions for its safe use and disposal, and any other indication or information regarding the product;
Amendment 367 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e
Article 7 – paragraph 1 – point e
(e) the categories of consumers at risk when using the product, in particular vulnerable consumers such as children, including the impact of digital and connected products on their mental health, and older people and persons with disabilities;
Amendment 368 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point f
Article 7 – paragraph 1 – point f
(f) the appearance of the product and in particular where a product, although not foodstuff, resembles foodstuff and is likely to be confused with foodstuff due to its form, odour, colour, appearance, packaging, labelling, volume, size or other characteristics and may therefore be placed in the mouth, sucked or ingested by the consumer, especially by children, and which might cause, for example, suffocation, poisoning, the perforation or obstruction of the digestive tract;
Amendment 393 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. For digital connected products likely to impact children, manufacturers shall conduct a child risk assessment ensuring their products meet the highest standards of safety, security and privacy by design.
Amendment 397 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. Manufacturers shall investigate the complaints received that concern products they made available on the market, and which have been identified as dangerous by the complainant, and shall keep a register of these complaints as well as of product recalls.
Amendment 402 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address or dedicated section of their website, like a customer service, allowing the consumers to file complaints and to inform them of any accident or safety issue they have experienced with the product.
Amendment 409 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Personal data stored in the register of complaints shall only be those personal data that are necessary for the manufacturer to investigate the complaint about an alleged dangerous product. Such data shall only be kept as long as it is necessary for the purpose of investigation and no longer than five years after they have been encodedfor present and future recalls.
Amendment 413 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Manufacturers shall keepinform distributors, importers and, online marketplaces in the concerned supply chain informed of any safety issueand fulfilment service providers in the concerned supply chain without undue delay of any dangerous product that they have identified.
Amendment 418 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 4 – introductory part
Article 8 – paragraph 4 – introductory part
4. Manufacturers shall draw up technical documentation of the product that might present a serious risk. The technical documentation shall contain, as appropriate:
Amendment 427 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Manufacturers shall keep the technical documentation according to paragraph 4, for a period of ten years after the product has been placed on the market and make it available to the market surveillance authorities, upon request.
Amendment 428 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Manufacturers shall ensure that their products bear a type, batch or serial number or other element allowing the identification of the product which is easily visible and legible for consumers, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a digital document accompanying the product. Upon request of the consumer, it should be made available on paper and free of charge.
Amendment 463 #
2021/0170(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) where they have a reason to believe that a product in question presents a riskis not safe, inform the manufacturer and additionally, if necessary, the importer, the distributor and the fulfilment service provider without undue delay;
Amendment 473 #
2021/0170(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where an importer considers or has reason to believe that a product is not in conformity with Article 5 and Article 8(4), (6) and (7), he or she shall not place the product on the market until it has been brought into conformity. Furthermore, where the product is not safe, the importer shall inform the manufacturer and ensure that the market surveillance authorities are informedwithout undue delay.
Amendment 494 #
2021/0170(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Before making a product available on the market, distributors shall verify that the manufacturer and the importer have complied with the requirements set out in Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable.
Amendment 498 #
2021/0170(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Distributors who consider or have reason to believe, on the basis of the information in their possession, that a product is not in conformity with the provisions referred to in paragraph 2, shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product is not safe, the distributor and shall immediately inform the manufacturer or the importer, as applicable, to that effect and shall make sure that, through the Safety Business Gateway referred to in Article 25, the market surveillance authorities are informed.
Amendment 513 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Economic operators shall be established in the EU or have a representative person in the EU in order to place a product covered by this Regulation on the single market, therefore the Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 applicable to harmonised products shall also apply to products covered by this Regulation. For the purposes of this Regulation, references to “Union harmonisation legislation” in Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 shall be read as “Regulation […]”.
Amendment 524 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In addition to the tasks referred to in Article 4(3) of Regulation (EU) 2019/1020, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall periodically carry out sample testing of randomly chosen productscategories of products listed most frequently on the Safety Gate made available on the market. When the products made available on the market have been subject to a Commission decision adopted under Article 26(1) of this Regulation, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall carry out, at least once a year, for the entire duration of the decision, representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated.
Amendment 530 #
2021/0170(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Small, medium and micro-enterprises 1. In order for economic operators that are SMEs and micro-businesses to be able to fulfil the new obligations according to Art. 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20 of this Regulation, the Commission shall provide them with practical guidelines and tailored guidance which include practical simplifications from the new obligations, where possible, in order to limit their administrative burden. At the same time financial support shall be provided. 2. The Commission is empowered to adopt delegated acts in accordance with Article 41 in order to guarantee support for SMEs and micro-enterprises according to paragraph 1.
Amendment 539 #
2021/0170(COD)
Proposal for a regulation
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. TIn cooperation with relevant stakeholders, the Commission is empowered to adopt delegated acts in accordance with Article 41 six months after the entry into force of this Regulation at the latest to supplement this Regulation by:
Amendment 549 #
2021/0170(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) information to identify the product, including its type and, when available, batch or serial number and any other product identifier;
Amendment 554 #
2021/0170(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The manufacturer shall ensure that, through the Safety Business Gateway referred to in Article 25, an accident caused by aresulting in severe injuries or serious danger to life which was caused by a defect of the product placed or made available on the market is notified, within two working dout undue delays from the moment it knows about the facts of the accident, to the competent authorities of the Member State where the accident has occurred. The notification shall include the type and identification number of the product as well as the circumstances of the accident, if known. The manufacturer shall notify, upon request, to the competent authorities any other relevant information.
Amendment 559 #
2021/0170(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The importers and the distributors which have knowledge of an accident according to paragraph 1 caused by a product that they placed or made available on the market shall inform the manufacturer, which can instruct the importer or one of the distributors to proceed to the notification, without undue delay.
Amendment 576 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. As far as powers conferred by Member States in accordance to Article 14 of Regulation (EU) 2019/1020 are concerned, Member States shall confer on their market surveillance authorities the power, for all products covered by this Regulation, to order an online marketplace to remove specific illegal content referring to a dangerous product from its online interface, to disable access to it or to display an explicit warning to end users when they access it and to avoid its reappearance. Such orders shall contain a clear statement of reasons and specify one or more exact uniform resource locators and, where necessary, all available additional information enabling the identification of the illegal content concerneddangerous product concerned ideally without further research. They may be transmitted by means of the Safety Gate portal.
Amendment 577 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
Online marketplaces shall take the necessary measures to receive and process the orders issued in accordance with this paragraph. They shall act upon receipt of the order issued without undue delay, and in any even. If the information provided by the market surveillance authorities contains enough details to identify the dangerous product immediately, the online marketplaces shall act within 24 hours. If online marketplaces have to carry out additional research in order to identify the product, then it shall act within two working days in the Member State where the online marketplace operates, from receipt of the order. They shall inform the issuing market surveillance authority of the effect given to the order by using the contacts of the market surveillance authority published in the Safety Gate.
Amendment 584 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Online marketplaces shall take into account regular information on dangerous products notified by the market surveillance authorities in line with Article 24, received via the Safety Gate portal, for the purpose of applying their voluntary measures aimed at detecting, identifying, removing or disabling access to the illegal content referring to dangerous products offered on their marketplace, where applicable. They shall inform the authority that made the notification to the Safety Gatecreate a connection to the Safety Gate, through for example an application programme interface, that enables them to quickly and efficiently check the Safety Gate before placing products on their websites and to receive alerts that a product has been notified in the system and therefore ensures that products offered for sale are safe. They shall inform the authority of any action taken by using the contacts of the market surveillance authority published in the Safety Gate.
Amendment 590 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Online marketplaces shall give an appropriate answer without undue delay, and in any event within fivetwo working days, in the Member State where the online marketplace operates, to notices related to product safety issues and dangerous products received in accordance with [Article 14] of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Service Act) and amending Directive 2000/31/EC.
Amendment 615 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 – point a
Article 20 – paragraph 6 – point a
(a) cooperating to ensure effective product recalls, including by abstaining from putting obstacles to product recalls and publishing the recall notice on their website;
Amendment 620 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 – point d
Article 20 – paragraph 6 – point d
(d) allowing access to their interfaces for the online tools operated by market surveillance authorities to identify dangerous products while respecting sensitive business information;
Amendment 641 #
2021/0170(COD)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4 a. Market surveillance authorities shall carry out mystery shopping including on online shopping marketplaces, on a regular basis in order to particularly check the safety of product categories that are most frequently flagged on the Safety Gate;
Amendment 646 #
2021/0170(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Commission shall further develop and maintain aodernise the rapid alert system for the exchange of information on corrective measures concerning dangerous products (‘the Safety Gate’)., as well as enhance its efficiency, in particular by providing a interoperable interface for online marketplaces to link their website with the Safety Gate, so that they can easily, quickly and reliably check products and product categories;
Amendment 647 #
2021/0170(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2 a. The Commission shall adopt implementing acts specifying the interoperable interface on the Safety Gate according to Art. 23 para. 1, in particular concerning the access to the system and its operation. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3);
Amendment 653 #
2021/0170(COD)
Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 1
Article 24 – paragraph 2 – subparagraph 1
The notification shall be submitted in the Safety Gate within twofour working days from the adoption of the corrective measure.
Amendment 664 #
2021/0170(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The Commission shall maintain an easy-accessible web portal enabling the economic operators to provide market surveillance authorities and consumers with the information referred to in Articles 8(11), 9(2) point c), 10(8), 11(3), 11(4) and Article 19.
Amendment 701 #
2021/0170(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Market surveillance authorities may decide toshall conduct simultaneous coordinated control actions (“sweeps”) of particular product categories ton a regular basis, at least once a year, in which they check compliance with or to detect online and offline infringements to this Regulation.
Amendment 721 #
2021/0170(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The Commission, by means of an implementing act, shall adopt the modalities for the sending of information by consumers in accordance with paragraph 2, as well as for the transmission of such information to the concerned national authorities for possible follow up. The Commission shall make sure that the information made by the consumer cannot be published before its accuracy has been verified. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 42(3).
Amendment 722 #
2021/0170(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In case of a recall or where certain information has to be brought to the attention of consumers to ensure the safe use of a product (‘safety warning’), economic operators, in accordance with their respective obligations as provided for in Articles 8, 9, 10 and 11, shall directly notify all affected consumers that they can identify. Economic operators who collect their customers’ personal data shall make use of this information for recalls and safety warnings. Taking due account of data protection, online marketplaces shall help economic operators in case they have sold the respective product on their marketplace to obtain the specific customer data needed in order to perform an efficient recall.
Amendment 733 #
2021/0170(COD)
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. If not all affected consumers can be contacted directly even not with the help of the online marketplaces according to paragraph 1 of this Article, economic operators, in accordance with their respective responsibilities, shall disseminate a recall notice or safety warning through other appropriate channels, ensuring the widest possible reach including, where available: the company’s website, social media channels, newsletters and retail outlets and, as appropriate, announcements in mass media and other communication channels. Information shall be accessible to consumers with disabilities.
Amendment 775 #
2021/0170(COD)
Proposal for a regulation
Article 40 – paragraph 5 – point e
Article 40 – paragraph 5 – point e
(e) to allow market surveillance authorities to perform data scraping of online interfaces. that respect sensitive business information.
Amendment 777 #
2021/0170(COD)
Proposal for a regulation
Article 40 – paragraph 7
Article 40 – paragraph 7
7. Each year, the Commission shall elaborate and make public a report on the penalties imposed by Member States.
Amendment 778 #
2021/0170(COD)
Proposal for a regulation
Article 40 – paragraph 8 a (new)
Article 40 – paragraph 8 a (new)
8 a. where the penalties cover only a low amount;
Amendment 786 #
2021/0170(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
It shall apply from [612 months after the entry into force of this Regulation].
Amendment 167 #
2021/0105(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘safety component’ means a physical or digital component, including software, of a machinery which servesproduct which is designed or intended to fulfil a safety function and which is independently placed on the market, the failure or malfunction of which endangers the safety of persons but which is not necessary in order for the machinery to function or may be substituted by normal components in order for the machinery to function. In the case of software of machinery serves to fulfil a safety function, the required hardware is covered by the conformity assessment procedure and specified in the instructions;
Amendment 218 #
2021/0105(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Manufacturers shall keep the technical documentation and the EU declaration of conformity, where relevant, at the disposal of the market surveillance authorities for ten years after the machinery product has been placed on the market. Where relevant, the source code or programmed logic included in the technical documentation shall be made available upon a reasoned request from the competent national authorities provided that it is necessary in order for those authorities to be able to check compliance with the essential health and safety requirements set out in Annex III.
Amendment 269 #
2021/0105(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Where relevant, the manufacturer of partly completed machinery or the manufacturer’s authorised representative shall make available to the competent national authority upon its request the source code or programmed logic included in the technical documentation referred to in paragraph 1, point (a), , provided that it is needed in order for that authority to be able to check compliance with the essential health and safety requirements set out in Annex III. The assembly instructions referred to in paragraphs 1, point (b), and the declaration of incorporation referred to in paragraph 1, point (c), shall accompany the partly completed machinery until it is incorporated into the final machinery product and shall afterwards form part of the technical file for that machinery product.
Amendment 74 #
2021/0104(COD)
Proposal for a directive
Recital 71
Recital 71
(71) Member States are invited to assess the impact of their transposition act on SMEs in order to ensure that they are not disproportionately affected, giving specific attention to micro-enterprises and to the financial and administrative burden, and to publish the results of such assessments. Member States should consider introducing measures to support SMEs in applying the voluntary simplified reporting standards.
Amendment 103 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19c – paragraph 1
Article 19c – paragraph 1
The Commission shall adopt delegated acts in accordance with Article 49 to provide for sustainability reporting standards proportionate to the capacities and characteristics of small and medium-sized undertakings. Those sustainability reporting standards shall be in line with the principle of proportionality. Those sustainability reporting standards shall specify which information referred to in Articles 19a and 29a small and medium- sized undertakings referred to in Article 2, point (1)(a) shall report. They shall take into account the criteria set out in Article 19b, paragraphs 2 and 3. They shall also, where relevant, specify the structure in which that information shall be reported.
Amendment 104 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19c – paragraph 1a (new)
Article 19c – paragraph 1a (new)
Delegated acts defining the sustainability reporting for SMEs should reflect the sector of activity, the size of the undertaking, the context of its operations, the nature and the severity of risks in its value chain, its business model, its position in value chains and the nature of its products and services.
Amendment 105 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19c – paragraph 1 b (new)
Article 19c – paragraph 1 b (new)
Delegated acts need to be sufficiently clear for SMEs to be able to comply with those requirements and know how to avoid sanctions and be equipped to protect human rights and environmental commitments, and due diligence legislation should ensure competitive advantage for European companies in the short and medium term.
Amendment 131 #
2021/0045(COD)
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
This Regulation shall apply from the date of its entry into force. However, Articles 14 and 16 shall apply from 1 April 2023.
Amendment 5 #
2020/2262(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls the importance, for a properlywell- functioning and competitive internal market, of effective better law- making tools that take subsidiarity and proportionality fully into account when drawing up scientifically based and balanced legislation, particularly for consumers and SMEs;
Amendment 38 #
2020/2262(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points out that the elements of subsidiarity and proportionality have to be taken into account as important preconditions when designing possible future EU legislation; once and if the EU added value is established, it should consistently reflect market integration and cross-border ambition, the need to reduce regulatory and administrative barriers, the necessity to be future-proof; recalls that one harmonised rule at European level reduces administrative burdens in all Member States as it replaces 27 diverging rules reducing the internal market fragmentation;
Amendment 44 #
2020/2262(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Reminds that digital innovation develops fast and that entrepreneurs are driving the digital agenda; therefore it is of key importance to provide future proof rules that are digital by default and that keep the pace of digital innovation; calls on the Commission to always take into account futureproof digital elements when assessing subsidiarity and proportionality in internal market legislation and in the related impact assessments;
Amendment 51 #
2020/2262(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
Amendment 52 #
2020/2262(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Underlines that according to the three Commission’s reports 2017, 2018 and 2019 on the application of the principle of subsidiarity and proportionality, there is the need to improve the quality of the impact assessments when it comes to both elements; subsidiarity and proportionality are important preconditions for an effective and balanced EU legislation that can be beneficial for a well-functioning internal market;
Amendment 55 #
2020/2262(INI)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. Points out that all EU regulatory measures should always be accompanied by universal impact assessments that take into account in an effective and thorough way the principles of subsidiarity and proportionality; stresses that only regulatory measures that are based on improved impact assessments can be beneficial for both consumers and businesses within the internal market and can trigger innovation, encourage investments, reinforcing European competitiveness and ultimately being instrumental in strengthening consumer protection; stresses furthermore that improved impact assessments should clearly strengthen the SMEs fitness check element;
Amendment 56 #
2020/2262(INI)
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5f. Stresses that all impact assessments, evaluations and fitness checks should carry out an analysis on subsidiarity and proportionality; on subsidiarity it is crucial to assess whether action at national, regional or local level would be sufficient to achieve the objectives pursued and whether action at EU level would provide added value compared to action at national level; on proportionality that the content and form of EU action must not exceed what is necessary to meet the pursued objectives ensuring that the approach chosen and the intensity of the regulatory action are necessary to achieve its objectives; calls on the Commission to take further steps in the direction of proper independent impact assessments and of improving the quality of the above analysis in order to make the EU internal market legislation more effective;
Amendment 6 #
2020/2260(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the aim of the Farm to Fork Strategy is to establish a sustainable, healthy and resilient food system, which benefits consumers in the EU while providing sustainable solutions to the new challenges caused and highlighted by the COVID-19 crisis;
Amendment 7 #
2020/2260(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the aim of the Farm to Fork Strategy is to establish a sustainable, healthy and resilient food system which benefits consumers in the EU and includes the production, transport, distribution, marketing and consumption of food;
Amendment 18 #
2020/2260(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that promoting healthy and sustainable food consumption calls for changes to diets, and production systems and internal trade, which should be supported by harmonised front-of-pack nutritional labelling framework in order to avoid market fragmentation and better enforcement of internal market rules; considers, however, that the 'Farm to Fork' Strategy should be based primarily on a scientific approach, and therefore calls on the European Commission to make a further impact assessment of the effects of the objectives set out in the Strategy;
Amendment 22 #
2020/2260(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that promoting healthy and sustainable food consumption calls for changes to diets, and production systems and internal trade; recalls, at the same time, that this transition to sustainability represents a game-changer to foster a new competitiveness for all actors involved in the EU food chain;
Amendment 31 #
2020/2260(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that the 'Farm to Fork' Strategy is specific in relation to the objectives it seeks to achieve but lacks in relation to the thorough scientific data that should complement the objectives set;
Amendment 32 #
2020/2260(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Considers, in particular, that the ambitious targets set by the Strategy must not result in a reduction or shortage of food production in the European Union; stresses the importance of European self- sufficiency in the production of healthy and affordable food;
Amendment 36 #
2020/2260(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that Europeans’ diets are often not in line with recommendations for healthy eating, and that a shift in consumption patterns will be needed towards more plant-based foods and less red and processed meat, sugars, salt, and fats, which will also benefit the environment; in this regard, calls on the Commission to develop EU-guidelines to properly inform consumers on what constitutes a healthy and sustainable diet while helping Member States to integrate sustainability elements in their food-based dietary guidelines (FBDGs);
Amendment 40 #
2020/2260(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. In the light of pursuing a successful European Food system, stresses the need to avoid overlaps and discrepancies among existing environmental and food-related EU policies; asks, therefore, the Commission to review on a regular basis the overall consistency among the different policy tools;
Amendment 42 #
2020/2260(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Stresses that many Member States have a long tradition in the meat industry; notes that the goal of moving towards a more plant-based diet with less red and processed meat must not negatively affect supply and consumer’s choice; considers that informed consumer choice is key for transition to a sustainable food system;
Amendment 48 #
2020/2260(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. CStresses that food industry has to be supported in order to increase the availability and affordability of healthy and sustainable food options; calls on the Commission also to step up its support for regional food systems and short supply chains, which act as a source of fresh, and sustainable and better quality products for consumers; takes the view that legislation on European public food procurement should be revised in order to fostersupport healthy and sustainable diets, including organic products, as well as local, high- quality food supply systems;
Amendment 62 #
2020/2260(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the Commission to promote alternativesustainable production methods and circular business models, such as consumer-friendly cooperative schemes, in food processing and retail, including specifically for small and medium-sized enterprises;
Amendment 68 #
2020/2260(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the Commission to promote alternative business models, such as consumer-friendly cooperative schemes and packaging free shops;
Amendment 70 #
2020/2260(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Given the food packaging’s high impacts on the environment, particularly when littered, calls on the Commission to clarify the concepts of “(over)packaging” and “unnecessary packaging”; asks, therefore, to the Commission to increase the sustainability of food distribution through specific measures; in this context, welcomes the Commission intentions to review the Packaging and Packaging Waste Legislation;
Amendment 78 #
2020/2260(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. SupportsConsiders that the concept of the establishment of a governance framework and a code of conduct for food and retail businesses, in order to make them accountable and aware of the importance of sustainability and health needs to be further clarified by the European Commission so that food producers and food retail businesses can be aware of the importance of sustainability and health; calls on the Commission to clarify also if the codes of conduct will focus and to which extent on marketing campaigns undertaken by businesses on advertising food products;
Amendment 102 #
2020/2260(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the Commission’s initiative to promote healthier and sustainable diets by introducing nutritionalent profiles, accompanied by mandatory and harmonised labelling of the nutritional value of foods on the front of packaging, based on robust scientific evidence and proven consumer understanding;
Amendment 111 #
2020/2260(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasizes that the primary purpose of food labelling is to provide clear and accurate information to consumers so that they can make informed purchasing decisions;
Amendment 114 #
2020/2260(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Notes consumers' views that the existing regulatory framework does not fully allow for clear and easily understandable information on the nutritional value and therefore welcomes the European Commission's intention to explore and propose new ways to improve food nutritional labelling;
Amendment 115 #
2020/2260(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Stresses that the ‘Farm to Fork’ Strategy, including mandatory front of pack nutrition labelling, provides for other labels that include animal welfare, sustainability and places of origin for certain products categories; considers that in no case should over-labelling confuse customers and therefore stresses the importance of customers education;
Amendment 116 #
2020/2260(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Underlines that using different labels in different Member States might lead to market fragmentation and confuse consumers;
Amendment 126 #
2020/2260(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Regards it as essential, further, to keep consumers better informed by introducing mandatory origin labelling of food, which would be broadened to cover animal welfare, sustainability and pesticide residue levelsconsidering introducing food labelling regarding animal welfare, sustainability and pesticide residue levels; in light of this, asks the Commission to carry out an impact assessment based on sound scientific knowledge;
Amendment 128 #
2020/2260(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Regards it as essentialimportant, further, to keep consumers better informed by considering the introducingtion of mandatory origin labelling of foodcertain food products, which wcould be broadened to cover animal welfare, sustainability and pesticide residue levels;
Amendment 132 #
2020/2260(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Reiterates that dual quality of food products is unacceptable and needs to be fully counteracted to avoid discrimination and misleading of EU consumers; in this regard, calls the Commission to monitor closely the situation on the market and propose targeted legislation when necessary; in addition, stresses the importance to strengthen the role of consumer organisations in identifying potentially misleading branding practices as well as misleading information provided on the packaging;
Amendment 136 #
2020/2260(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the need for clearer rules on information on the origin of honey and in the case of honey originating from more than one EU Member State or third country, which, together with better consumer information, would contribute to an even better position for European beekeepers and honey producers;
Amendment 147 #
2020/2260(INI)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 157 #
2020/2260(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Takes note of the judgment of the Court of Justice of the European Union of 25 July 2018 in Case C-528/16;
Amendment 161 #
2020/2260(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. CWelcomes the Commission intention to propose legally binding targets to reduce the food waste in the EU; furthermore, calls on the Commission to clarify the current legislationEU rules on date marking on “use-by dates, in order to reduce” and “best before” dates in order to prevent and reduce food waste and food loss; in this regard, ask the Commission to promote a multi- stakeholder approach to empower consumers and encourage the food industry to implement practical solutions to accelerate the battle against food waste;
Amendment 163 #
2020/2260(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Commission to clarify the current legislation on launch a systematic campaign to explain to European consumers the use-by dates concept, and in particular the difference between the dates printed on product packaging: 'use- by dates,' and 'best before' in order to reduce food waste and increase consumption safety of food products;
Amendment 174 #
2020/2260(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes that a study carried out by the European Commission's Joint Research Centre did not identify a precise geographical pattern of dual quality of products; points out, however, that the above-mentioned research has shown the presence of dual quality of certain products in the European single market and therefore considers that the implementation of the ‘Farm to Fork’ Strategy must ensure that products which are not identical should be presented in a different way;
Amendment 181 #
2020/2260(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. In order to protect the competitiveness of European businesses, especially small and medium-sized enterprises, and to protect the integrity of the single market, calls on the European Commission to ensure, through a proactive trade and customs policy, that food products imported into the single market comply with strict European food safety regulations;
Amendment 184 #
2020/2260(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that the ‘Farm to Fork’ Strategy must take a stronger regional approach, taking into account the specificities of production in those Member States where there is a risk of food production moving to third countries due to the their proximity; calls on the Commission, therefore, to monitor situation closely in this regard in order to avoid relocating of production to third countries;
Amendment 185 #
2020/2260(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Welcomes the Commission’s intention to develop a new framework for sustainable food labelling; calls on the Commission to define the methodology and specify which dimensions of sustainability would be covered while ensuring that the new scheme does not confuse consumers;
Amendment 191 #
2020/2260(INI)
Draft opinion
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Stresses that water is source of strategic importance for the European consumers, and that delivering a Green deal, which includes ‘Farm to Fork’ Strategy, is impossible without prudent water management; further emphasizes that water suppliers are key to achieving sustainability, but notes the insufficiently ambitious approach to water resources in the Strategy;
Amendment 193 #
2020/2260(INI)
Draft opinion
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Stresses that a resistant, secure and reliable food supply chain is the core for ensuring sufficient amount of food products in the cases of pandemics, earthquakes, droughts, flood sand other crisis situations; welcomes, in particular, the European Commission's plan to develop a contingency plan for ensuring food supply and food security in times of crisis; further calls on the European Commission to examine the level of self- sufficiency of the Member States and the European Union as a whole in food production and to report to the European Parliament without delay;
Amendment 196 #
2020/2260(INI)
Draft opinion
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Points out that over-packaging of food is an important issue that needs EU attention and action as it has consequences for consumers, affects shipping costs, and also has an adverse impact on the environment; reiterates its call on the European Commission to clarify the concept of unnecessary packaging and over-packaging.
Amendment 4 #
2020/2242(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the OECD Declaration of 23 February 2018 on Strengthening SMEs and Entrepreneurship for Productivity and Inclusive Growth,
Amendment 7 #
2020/2242(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the Commission communication of 14 October 2020 entitled ‘An EU strategy to reduce methane emissions’ (COM(2020)0663),
Amendment 42 #
2020/2242(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the current legislative framework regulating natural gas has provided sustainability, security of supply and affordability of energy for European consumers for decades and thus should be expanded further to foster the development of a future pan-European hydrogen market;
Amendment 53 #
2020/2242(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the development of hydrogen systems might be addressed differently by Member States, taking into account differences in the topology of their existing gas infrastructure, their capacity to develop different ways of hydrogen production technologies, different potential for innovation and a varying demand for hydrogen by different industries in each member state;
Amendment 56 #
2020/2242(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas building of a competitive hydrogen market that contributes in a time and cost-efficient manner to the Union’s climate-neutrality objective for 2050 requires well developed transmission infrastructure to distribute hydrogen efficiently from production sites to consumption areas across the Union, which may be achieved based on repurposing of existing gas grids and building dedicated hydrogen transmission infrastructure;
Amendment 60 #
2020/2242(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas the principle of additionality as framed in article 27 of the Renewable Energy Directive poses major risks to hydrogen investments and hydrogen uptake;
Amendment 65 #
2020/2242(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the need to maintain and further develop European technological leadership in clearenewable and low-carbon hydrogen13 through a competitive and sustainable hydrogen economy with an integrated hydrogen market; emphasises the necessity of a European hydrogen strategy that covers the whole hydrogen value chain, including the demand and supply sectors, and is coordinated with national efforts to bring down the costs of clearenewable and low-carbon hydrogen; welcomes, therefore, the hydrogen strategy for a climate-neutral Europe proposed by the Commission and the national strategies and investment plans for hydrogen of several member states; urges the Commission to streamline its approach on hydrogen with the industrial strategy and make it part of a coherent industrial policy; _________________ 13 According to the Commission, ʻclean hydrogenʼ refers to hydrogen produced through electrolysis of water with electricity from renewable sources. It may also be produced through reforming of biogas or biochemical conversion of biomass, if in compliance with sustainability requirements.
Amendment 75 #
2020/2242(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that the ‘energy efficiency first’ principle prevails and that direct electrification, where possible, is the preferable option for decarbonisation as it ise importance of a resilient and climate neutral energy system based on the principles of energy efficiency, cost efficiency and security of supply; stresses that, while direct electrification is an important pathway towards decarbonisation, it should only be the preferable option, where it is technologically, socially and economically more feasible and more cost- and energy- efficient than the use of renewable or low- carbon hydrogen or other alternatives; notes, however, that the ‘energy efficiency first’ principle should not prevent the development of innovative pilot and demonstration projects in view of making clean hydrogen competitive;
Amendment 88 #
2020/2242(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is convinced that only clearenewable and low carbon hydrogen is sustainably contributing to achieving climate neutrality in the long term; stresses that low-carbon hydrogen will play an important role by significantly contributing to the reduction of emissions in the short and medium term and to the development of an EU hydrogen economy by scaling-up the market;
Amendment 94 #
2020/2242(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Acknowledges the need of a regulatory framework in full respect of the proportionality, subsidiarity, and better regulation principles, emphasising the SME-Test;
Amendment 99 #
2020/2242(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that a common legal classification of the different types of hydrogen is of utmost importance; welcomes the classification proposed bypoints out that rapid agreement on a comprehensive and science-based uniform EU-wide terminology for renewable and low carbon hydrogen is necessary to adapt national legal definitions and to provide a clear classification which brings with it legal certainty; stresses that this classification should be based on the carbon content of hydrogen and stepping away from the Ccommissiononly used colour-based approach; notes that avoiding two names for the same category, such as ʻrenewableʼ and ʻcleanʼ hydrogen, could further clarify that classification;
Amendment 109 #
2020/2242(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines the urgent need for European standards, certification and labelling systems for clean hydrogen and a system of guarantees of origin for renewablehydrogen and electricity; believes that clean hydrogen production should be determinclassified according to an independent, science- based review, well-to-wheels assessment of its lifecycle emissions; calls on the Commission to provide a regulatory framework as early as possible in 2021technology- neutral emissions threshold standard for hydrogen and a regulatory framework that ensures guarantees of origin, tradability across member states and is consistent with the ETS as early as possible in 2021; stresses that one core criterion for the standards, certification and labelling systems should be the carbon content rather than the production method in order to respect technology neutrality;
Amendment 120 #
2020/2242(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to provide clarification on the role of carbon capture and utilisation or storage (CCU and CCS) by providing an enhanced framework for this technology and by addressing barriers;
Amendment 140 #
2020/2242(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’s ambitious goals of increasing the capacity of renewable hydrogen electrolysers and hydrogen production; urges the Commission and the Member States to incentivise the value chain and market uptake of clean hydrogen in order to make it technologically mature and competitive with fossil-basedrenewable and low- carbon hydrogen14 ; _________________ 14According to the Commission, ʻlow- carbon hydrogenʼ encompasses fossil- based hydrogen with carbon capture and electricity-based hydrogen, with significantly reduced full life-cycle greenhouse gas emissions compared to existing hydrogen production. in order to make it technologically mature and competitive;
Amendment 149 #
2020/2242(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights that for a functioning and predictable internal hydrogen market, regulatory barriers need to be overcome and a coherent and comprehensive regulatory framework createdfor a hydrogen market design should be created and proposed by the Commission; highlights in this regard the need for a flexible hydrogen market in order to facilitate innovative first-movers to make full use of the benefits and drive down the costs of hydrogen production; believes that the gas market regulatory framework and the Clean Energy Package could serve as blueprints for that purpose;
Amendment 155 #
2020/2242(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Acknowledges the role of blending and injecting hydrogen into the natural gas grid as an important driver for the initial scale-up of a hydrogen market by making use of existing infrastructure in the absence of dedicated hydrogen pipelines; notes that blending enables renewable energy producers to access the current gas market and contributes to the decarbonisation of the gas sector;
Amendment 165 #
2020/2242(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that, in order to build up a sustainable hydrogen economy fast enough to reach our climate goals, low-carbon hydrogen can play a transitional role; calls on the Commission to assess for how long and how much of this hydrogen would be needed approximately for decarbonisation purposes until solely clean hydrogen can play this rolemust play a vital and complementary role in ramping up the market; highlights in this regard, the important role of carbon capture and storage technologies (CCS); calls on the Commission to set up a technology- neutral regulatory framework and reduce regulatory and economic hurdles to foster a quick market uptake of low-carbon hydrogen;
Amendment 180 #
2020/2242(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that a clean hydrogen economy requires significant additional amounts of affordable renewable energy and the corresponding infrastructure; urges the Commission to develop a clear roadmap for investments in the relevant infrastructure for the production, transport and distribution of renewable and low carbon hydrogen; calls on the Commission and the Member States to step up their efforts in this regard and to abolishmake expedient use of taxes and levies on renewable electricity used to produce renewable hydrogen, promoting technologies that contribute to the decarbonisation of the economy, while avoiding undue market distortions at the expense of other energy sources;
Amendment 221 #
2020/2242(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Underlines that interoperability with the gas system and interconnection of hydrogen infrastructure within the EU must be assured in order to develop a functioning internal market and drive forward the integration of the energy system;
Amendment 229 #
2020/2242(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Encourages the Commission and the Member States to assess the possibility ofgradually repurposinge existing gas pipelinesinfrastructure for the transport of pure hydrogen, storage and distribution of hydrogen as well as of hydrogen and natural gas blends in order to maximise cost efficiency and minimise investment costs and levelised costs of transmission; and distribution; underlines the need of setting targets to encourage the necessary energy infrastructure and incentivise appropriate capacity building, while avoiding the creation of artificial needs;
Amendment 244 #
2020/2242(INI)
12a. Underlines the necessity of upholding unbundling as a guiding principle for the design of hydrogen markets; stresses that unbundling plays a key role in ensuring that innovation and new products are provided in the most cost-efficient manner on energy markets; is convinced that any derogation from this regulatory principle in the medium term would come at an unnecessarily high cost to end consumers;
Amendment 254 #
Amendment 255 #
2020/2242(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights that, in order to achieve a fast market uptake of crenewable and low- carbon hydrogen and to avoid carbon lock- ins, demand for clean hydrogen mustshould increase; acknowledges that the initial focus of hydrogen demand should be on sectors for which the use of hydrogen is close to being competitive or that currently cannot be decarbonised, by other mealess complex and cheaper means and technological solutions; believes that for these sectors roadmaps for demand development, investment and research needs should be established at European level; agrees with the Commission that demand-side policies such as quotas for the use of clean hydrogen in a limited number of specific sectors and financial tools such as carbon contracts for difference (ʻCCfDʼ) are necessary to promote decarbonisation through clean hydrogencould be considered for a transitional period to promote decarbonisation through renewable and low-carbon hydrogen, while avoiding the creation of artificial needs and undue market distortions at the expense of other energy sources; stresses that demand side policies should be consistent with other policy measures and subject to a thorough impact assessment to avoid any negative effects on energy consuming industries facing international competition; emphasises in this regard the importance of market-based solutions for creating a market and a level playing field for different technologies with a focus on cost-effective reduction of GHG as well as resilience and competitiveness of the EU economy;
Amendment 268 #
2020/2242(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to consider clear incentives for the application and use of hydrogen to different end-consumer sectors in order to trigger the demand for hydrogen; stresses that regulatory incentives, such as the possibility to account for hydrogen or synthetic fuels towards sector renewable targets or emission reduction thresholds in relevant EU legislation, including the REDII, should be provided;
Amendment 280 #
2020/2242(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Underlines the need to design a market providing clean and low-carbon hydrogen as climate protection option to all businesses and in particular SMEs; calls on the Commission to estimate the amount of renewable and low-carbon hydrogen needed to help industrial SMEs to decarbonise their production processes and energy supply;
Amendment 287 #
2020/2242(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the importance of research, development and innovation along the whole value chain and, of demonstration projects on an industrial scale and of pilot projects on a smaller scale in order to make crenewable and low-carbon hydrogen competitive; believes that involving SMEs and equipping workers with adequate knowledge about hydrogen are of the utmost importance; highlights, in this regard, the need for research and development in carbon capture and storage technologies (CCS); stresses that, in order to have a proper integration of hydrogen in European society, human resources with a set of specialised skills are needed, especially when it comes to safety; to this end, believes that involving SMEs and equipping workers with adequate knowledge about hydrogen are of the utmost importance; calls on the Commission to adopt an action plan aimed at guiding Member States to develop dedicated training programmes towards workers, engineers, technicians but also to the general public and to create multi-disciplinary teaching programmes for economists, scientists and students;
Amendment 297 #
2020/2242(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses the need to ensure access to finance and innovation assets, such as incubators and joint research projects, for start-ups and SMEs to take root in the hydrogen industry; calls on the Commission to ensure equal market access as well as the facilitation of market entries for such undertakings promoting their participation, e.g. by proactively appointing them for roundtables and feedback in public consultation processes;
Amendment 299 #
2020/2242(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Emphasises that Europe is leading in the manufacturing of electrolysers and needs to maintain and advance this competitive edge; stresses that European RDI efforts in hydrogen should focus on a wide range of hydrogen technologies focusing on raising technology readiness levels;
Amendment 301 #
2020/2242(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that significant amounts of investment are needed to make clearenewable and low-carbon hydrogen competitive, and that European programmes and financing instruments such as Horizon Europe, the Connecting Europe Facility, InvestEU and the ETS Innovation Fund have a key role in fostering a crenewable and low-carbon hydrogen economy; stresses the need to ensure access to finance and innovation assets for SMEs; deeply deplores the Council’s cuts affecting these instruments; calls on the Commission to develop a coordinated investment strategy for clean hydrogerenewable and low-carbon hydrogen as well as carbon capture utilisation and storage technologies; calls on the Commission to include low-carbon hydrogen in the EU Taxonomy Regulation;
Amendment 313 #
2020/2242(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to include manufacturing, transportation and storage of both renewable and low- carbon hydrogen (as well as blends with natural gas) into the upcoming Delegated Acts on Climate Change Mitigation and Adaptation stemming from the Regulation (EU) of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 as environmentally sustainable economic activities;
Amendment 319 #
2020/2242(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the European Clean Hydrogen Alliance and the Important Projects of Common European Interest (IPCEIs) as important means to enhance investment in clearenewable and low-carbon hydrogen; encourages the Alliance to come up with an investment agenda and a project pipeline in cooperation with the Fuel Cells and Hydrogen Joint Undertaking that can ensure the implementation of the hydrogen goals set by the Commission as soon as possible; welcomes the Commission’s plan to revise the State aid guidelines to include cfor environmental protection and energy to better enable renewable and low-carbon hydrogen; encourages Member States, the Commission and the economic operators to rapidly unlock the potential of IPCEIs to support transport and energy projects of relevan hydrogence for the European economy and with positive spillover effects;
Amendment 336 #
2020/2242(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the work of the Fuel Cells and Hydrogen Joint Undertaking (FCH JU); asks the Commission to use it as a competence centre for clean hydrogenWelcomes the renewal of the Fuel Cells and Hydrogen Joint Undertaking (FCH JU) under Horizon Europe and calls for an increase of its budget compared to Horizon 2020; stresses the importance of the work of the Fuel Cells and Hydrogen Joint Undertaking (FCH JU); asks the Commission to use it as a competence centre for renewable and low- carbon hydrogen; calls on the Commission to make use of the experiences gained in the Joint Undertakings, especially on Hydrogen fuel cells, and to incentivise further research into these technologies; calls on the future Clean Hydrogen for Europe Partnership to further explore and analyse the potential for hydrogen and fuel cells in buildings and data centres;
Amendment 341 #
2020/2242(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Suggests to the European Commission to include the deployment of hydrogen in the general objectives of PRIMA in line with the priorities of Horizon Europe in order to strengthen research and innovation capacities and to develop knowledge and common innovative solutions across the PRIMA region;
Amendment 343 #
2020/2242(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believes that the importing of clean hydrogen may become necessary to cater to European demand; calls on the Commission to establish mutually beneficial cooperation with neighbouring regions; Emphasises that Europe’s leading role in the manufacturing of renewable hydrogen technologies presents the opportunity to promote European industrial leadership and innovation on a global level while reinforcing the EU’s role as a global climate leader; underlines the goal of increasing domestic hydrogen production, while acknowledging the possibility of importing additional renewable energy and hydrogen from neighbouring regions and third countries, to cater an increasing domestic demand for affordable hydrogen; therefore calls on the Commission to establish mutually beneficial cooperation with neighbouring regions, while taking into consideration EU energy security as well as environmental standards of the EU's external partners;
Amendment 358 #
2020/2242(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses that international cooperation in terms of low-carbon hydrogen with the neighbourhood of the EU, that is established on the basis of mutually respected rules and principles based on the EU internal gas market legislation, i.e. with the UK, EEA, Energy Community and the US, should be further developed in order to strengthen the internal market and energy security;
Amendment 364 #
2020/2242(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Highlights the need to ensure the principles of the internal market in the hydrogen sector and create a level playing field for renewable and low-carbon hydrogen;
Amendment 366 #
2020/2242(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Calls on the Commission to undertake thorough, transparent, inclusive and science-based impact assessments of initiatives stemming from the EU Hydrogen Strategy in line with Better Regulation guidelines;
Amendment 368 #
2020/2242(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18d. Considers, in this regard, the fact that new partnerships, especially those with Northern African countries, are a win-win business opportunity, since they support the development of the renewable and hydrogen energy industries on both sides;
Amendment 372 #
2020/2242(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is convinced that the EU should try to promote its standards on hydrogen internationally to improve the Union's strategic autonomy and thus make hydrogen a part of its international cooperation;
Amendment 380 #
2020/2242(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines the need for an integrated energy system in order to achieve climate neutrality by 2050; believes that the integration of the electricity, gas, heating and cooling and hydrogen grid is beneficial for a well- functioning hydrogen and energy market; welcomes the inclusion of hydrogen in the Commission’s Strategy for Energy System Integration; believes that clearenewable and low-carbon hydrogen can play a key role in terms of energy storage to balance intermittent renewable energy supply and demand; calls on the Commission to address the barriers hindering a wider adoption of hydrogen energy storage, given its high potential in particular in the mobility and building sectors;
Amendment 21 #
2020/2241(INI)
Motion for a resolution
Recital B
Recital B
Amendment 44 #
2020/2241(INI)
Motion for a resolution
Recital D
Recital D
D. whereas energy system integration canaims to keep costs for European authorities, European businesses and European citizens within realistic and acceptable limits; a cost efficient energy sector integration must be enforced;
Amendment 65 #
2020/2241(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that such a strategy can help the Union achieve its climate goals while maintaining energy accessibility, affordability and security of supply through the development of an efficient, integrated, interconnected, resilient, smart and decarbonised system;
Amendment 72 #
2020/2241(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates its support forAcknowledges the importance of the energy efficiency first principle and recalls that the most sustainable energy is energy which is not consumeddirect electrification, where possible, presents an important pathway towards decarbonisation. Highlights the need to develop a resilient and climate neutral energy system based on the principle of “cost-efficiency";
Amendment 81 #
2020/2241(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes the high energy consumption in the water sector needs; calls on the Commission to consider energy-efficient measures for the EU water sector and the possibility to use treated waste water as an “on-site” source of renewable energy in the Energy System Integration;
Amendment 92 #
2020/2241(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. DeplorAcknowledges the insufficient progress made by Member States, as set out in the Energy Efficiency Progress Report; encourages the Commission to propose more ambitious targetexplore the impacts of revised targets on businesses, notably SMEs, taking into account its recommendations as part of the Energy Union governance process; welcomes, in this regard, the renovation wave strategy; emphasizes that the renovation of the existing building stock does not fully compensate for the need to produce more low carbon energy;
Amendment 98 #
2020/2241(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to extend the principle of energy efficiency to the entire value chain and to all end-uses; underlines the potential of circularity and reuse of wasteorganic waste from cities and agricultural sector, energy and waste heat from industrial processes, buildings and data centres; draws attention tocalls on the Commission and the Member States to develop effective incentives and business models for the uncoupling and use of industrial waste heat; draws attention to the replacement of old and inefficient heating systems and the modernisation of heat networks, which can play a significant role in heat decarbonisation; stresses the potential of digital tools for smart energy management;
Amendment 112 #
2020/2241(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls that the energy transition will require between EUR 520 and 575 billion in annual infrastructure investment; calls on the Commission to develop sustainable investment criteria which are fully in line with the climate and integration goalsfinancial tools which are fully in line with the climate and integration goals; underlines that European programmes and financing instruments such as Horizon Europe and the European Clean Hydrogen Partnership, the Connecting Europe Facility on the basis of the TEN-E and TEN-T Regulations, cohesion policy, InvestEU, Recovery and Resilience Facility, Just Transition Fund and the ETS Innovation Fund have a key role in fostering a renewable and low-carbon hydrogen economy, biogas/biomethane development and carbon capture and storage and hydrogen-compatible infrastructure, while also providing appropriate investments in the use of natural gas where it provides emission reduction and serves as a transitional enabler; calls on the Commission to develop targets for energy infrastructure rollout and that system integration should make maximum use of existing gas infrastructure which can help deliver a cost-effective transition throughout many sectors including industry and mobility;
Amendment 120 #
2020/2241(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Regrets that the Commission’s draft taxonomy delegated act undermines the climate goals with regards to renewable energy sources, encourages the Commission to embrace a technological neutral approach based on life-cycle GHG emissions and not demand stricter rules from hydropower, biofuel and biogas, than other renewable energy sources; Furthermore, regrets that nuclear power is broken out and dealt with in a separate delegated act as this undermines the holistic energy system perspective, and limits Member States' possibilities for self- determination over the energy mix;
Amendment 125 #
2020/2241(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights the importance of assessing ex-ante and anticipating the need for new energy production, transmission, distribution and conversion of infrastructure in order to optimise itsthe use of existing energy infrastructure in a climate- neutral economy and to ensure its economic viability;
Amendment 128 #
2020/2241(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Believes that a common legal classification of the different types of renewable, decarbonised and low-carbon gases, including hydrogen, based on the full life cycle GHG emissions savings and sustainability criteria, is of utmost importance for market players, authorities and consumers; calls on the Commission to develop a comprehensive classification and certification framework of gaseous carriers;
Amendment 134 #
2020/2241(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to use the revision of Regulation (EU) No 347/2013 on trans-European energy infrastructure as an opportunity to include energy system integration in the Regulation’s objectives and the 10-year network development planning; calls for greater efforts to remove obstacles hindering the full integration of energy systems, which would otherwise encourage citizens and industry to fully embrace cleaner energy alternatives because there will be no Green Deal without a better integration of the energy system; Emphasises that it is necessary to achieve a cost-effective decarbonisation of the EU economies which will build a more flexible, more decentralised and digital energy system, in which consumers are empowered to make their energy choices;
Amendment 144 #
2020/2241(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for the mass deployment of renewable, low carbon and decarbonised energy at competitive costs; encourages the Commission to propose more ambitious targetmeasures in order to increase the share of such energy in electricity generation, heavy industry, transport, construction, heating and cooling;
Amendment 151 #
2020/2241(INI)
10. Welcomes the adoption of the European Hydrogen Strategy; is convinced that renewable and delow carbonised hydrogen, together with other renewable gases, can help reduce persistent emissions from hard to abate sectors, such as industrial processes and ,heavy transport which cannot be decarbonised throughand buildings and where direct electrification might be limited due to low cost-efficiency or technical, social and environmental reasons; recalls also the need to decarbonise existing hydrogen production and the usrole of zero-carbon electricity; recalls also the need to decarbonise existing hydrogen productionCarbon Capture and Storage (CCS) technologies; recalls the potential of blending hydrogen with natural gas as a contribution to the decarbonisation of the gas sector; underlines the potential of hydrogen for energy storage and transport and its contribution to the flexibility of the energy system;
Amendment 168 #
2020/2241(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to extend the obligation laid down in Directive (EU) 2018/2001 for Member States to issue guarantees of origin forthat ensure the traceability of low- and zero- carbon gases and for renewables based on a science-based life-cycle analysis; considers that all sustainable and cost-effective biofuels will be needed and believes that it would be environmentally and economically counterproductive to revise the renewable directive's sustainability criteria for forest biofuels in the way indicated in the Commissions energy system integration strategy; believes that sustainable forest management can contribute to climate adaptation by replacing fossil raw materials and through a long-term increased sequestration of carbon in forests;
Amendment 179 #
2020/2241(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the need to accelerate research and, development onand full exploitation of technologies for CO2 capture, storage and reuse; emphasizes that the EU needs a technological revolution making large-scale carbon capture (CCS) storage solutions profitable in order to combine economic growth with reduced greenhouse gas emissions;
Amendment 188 #
2020/2241(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to propose ambitious targets for the decarbonisation of road, maritime, rail and air transport in a technology-neutral way; welcomes the Commission’s announcement of the deployment of one million charging points for electric vehicles; stresses the need to adapt the electrification networks for Europe’s vehicle fleetinfrastructure for alternative fuels for Europe’s vehicle fleet as well as to support other readily deployable solutions; highlights that direct electrification is very important but cannot stand alone in order to achieve a fast, affordable and just energy transition;
Amendment 211 #
2020/2241(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Highlights the need to reduce regulatory barriers, improve access to capital and further support all forms of energy storage projects alongthat can offer services along with transmission and distribution networks and at consumption sites; recalls the importance to ensure full interoperability of different transport and storage systems, including those with cross-border relevance and connected to third countries; urges the Commission to revise the Energy Taxation Directive to reduce the costs of taxes and levies on energy transformation and energy storage,while avoiding undue market distortions at the expense of other energy sources;
Amendment 223 #
2020/2241(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls the role that greenewable and low carbon hydrogen can play in balancing grids by using any surpluselectricity; notes the need to develop the hydrogen-storing technologies and capacities and the role that renewable hydrogen and electrolysers can play in providing more flexibility to the grids and integrating the increasing share of renewable electricity production;
Amendment 233 #
2020/2241(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Acknowledges that power-to gas and power-to-heat technologies can play a key role in terms of large scale energy storage, to meet seasonal demand and to balance an electricity system because they are easy to integrate in existing infrastructure, help balance the electricity grid and can be cost-effectively transported across long-distances;
Amendment 238 #
2020/2241(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls the importance of interconnectors and cooperation between network operators; welcomes the establishment of regional coordination centres under Regulation (EU) 2019/943; believes that an integrated and cross- sectoral approach should be applied by TSOs for the future planning of the networks, as well as consistency with climate and energy targets and the National Energy and Climate Plans;
Amendment 243 #
2020/2241(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission and the Members States to explore ways of further encouraging, through effective incentives, the development of a European market for demand-side flexibility, potentials for energy storage and balancing electricity grid; welcomes flexible integrated energy systems that aim to optimize the district heating/cooling sector contributing to the balancing of the electricity grid, cost- effective use of renewable energy sources and waste heat integration at local/regional level;
Amendment 253 #
2020/2241(INI)
19. Stresses that a more renewable, decentralised and better integrated energy system requires better forecasting of energy demand and matching with the supply and storage from different energy carriers; highlights, in this regard, the crucial role of digitalisation for the processing of statistical and meteorological data; calls on the Commission and the Member States to develop an internal market for digital energy technologies; welcomes the intention of the Commission to adopt an action plan for the digitalisation of energy to foster the EU technological leadership and enable a more integrated energy system with intelligent solutions in specific sectors (smart grids, more efficient and safe transport, energy savings in buildings), a more active role of consumers and improved funding for the 2021-2027 period;
Amendment 268 #
2020/2241(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls that the primary objective of Union action in the field of energy is to ensure the proper functioning of the market; calls on the Commission to propostake the necessary legislative changes to ensure equal rights for all consumers and undistorted price signmeasures to safeguard the well-functioning of energy markets and to ensure the full implementation of the acquis for the internal energy market, including the Clean Energy Package, equals reflecting the real cost of energy and itsights for all households and businesses and help them contributione to the decarbonisation of the economy; welcomes the initiative to revise Directive 2003/96/EC;
Amendment 300 #
2020/2241(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recalls that one of the objectives of the Energy Union is to reduce our import dependency and to ensure security of supply; considers that the creation of synergies can help achieve this objective;
Amendment 303 #
2020/2241(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the importance of increasing the competitiveness of European technologies to ensure the autonomy of the Union in the strategic energy sector; calls on the Commission to support research and innovation through the various structural and sectoral funds following a technology neutral approach; recalls the Union’s global leadership in satellite emission measurement technologies; stresses that technologies where Europe has global leadership and domestic based value chains should be looked at specifically;
Amendment 317 #
2020/2241(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Welcomes the development of carbon dioxide capture and storage (CCS) and carbon capture utilisation and storage (CCUS) when it may be necessary to achieve climate neutrality, and to provide negative emissions by CCS on biomass combustion, and to reduce emissions where other reasonable alternatives through CCS at fossil fuel emissions, particularly in certain industrial processes; in this regard, welcomes the Commission proposal to convene an annual European CCUS Forum as part of the Clean Energy Industrial Forum to further study options to foster such projects;
Amendment 321 #
2020/2241(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25 b. Considers that the EU should promote regulatory solutions in the heating sector and energy efficiency legislation which respect the variation between Member States' conditions and most appropriate solutions which are particularly large in these sectors;
Amendment 324 #
2020/2241(INI)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25 c. Believes that both increased energy system integration and consumers have the opportunity to play an active role which requires a well-functioning energy market with accurate price signals that reflects the cost-effectiveness of different technical systems and greenhouse gas emissions; considers that current regulations enable uncompetitive prices for nuclear power in some Member States that do not sufficiently lead to a cost- effective decarbonised transition;
Amendment 325 #
2020/2241(INI)
Motion for a resolution
Paragraph 25 d (new)
Paragraph 25 d (new)
25 d. Underlines that the EU’s climate policy and energy policy has to go hand in hand within creased economic growth; stresses that the energy policy must therefore always encourage cost-effective, low carbon and reliable energy sources that ensure the industry's access to energy.
Amendment 4 #
2020/2217(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s intention to create a genuine single market for data as it will be the backbone of Europe’s data economy; considers that ensuring trust in digital services and in smart products is fundamental for the digital single market to grow and thrive and should be at the heart of both public policy and business models; underlines that that the creation of a single market for data is not an objective per se, but it should allow European companies and citizens to develop and benefit from innovative and competitive services and products;
Amendment 5 #
2020/2217(INI)
Motion for a resolution
Citation 29 a (new)
Citation 29 a (new)
- having regard to the Joint Declaration of Member States on Building the next generation cloud for businesses and the public sector in the EU, 2020
Amendment 8 #
2020/2217(INI)
Motion for a resolution
Citation 29 b (new)
Citation 29 b (new)
- having regard to the Final report prepared by the High-Level Expert Group on Business-to-Government Data Sharing, 2020
Amendment 13 #
2020/2217(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas digitalisation is not only an economic opportunity but also enhances security, geopolitical resilience and strategic relevance of the Union;
Amendment 24 #
2020/2217(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the Commission to empower consumers to put them in control of their data and to ensure that the single market for data is grounded in European valueWay of Life's common values such as protection of fundamental rights and fairness in competition; believes that citizens’ data could help in developing innovative green solutionmore sustainable solutions for products and services that would benefit European consumers and companies; asks the Commission to consider how to supportpromote data altruism in full compliance with European legislation;
Amendment 24 #
2020/2217(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Amendment 32 #
2020/2217(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Union must urgently take action to reap the benefits of data by building an competitive, innovation- friendly, ethically sustainable, human- centric, trustworthy and secure data society and economy that respects human rights and democracy;
Amendment 40 #
2020/2217(INI)
Motion for a resolution
Recital D
Recital D
D. whereas all uses of personal data should be consistent with the General Data Protection Regulation and the e-Privacy Directive; and whereas there are non personal or public sector data respectively consistent with Regulation on Free Flow of non-personal Data and Open Data Directive;
Amendment 44 #
2020/2217(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the need to create a singlecommon European data spaces with the aim of ensuring the free flow of non- personal data across borders and sectors; believes furthermore that the framework for the governance of common European data spaces should be built on the principles laid down in the Regulation on free flow of non-personal data; underlines the principle of the free flow of non- personal data as imperative for a single market for data, providing a level playing field for data sharing between stakeholders, taking into account in particular EU SMEs’ needs and allowing them to scale up and operate cross-border in the internal market; considers that business- to-business (B2B) and business-to- government (B2G) data sharing should be voluntary, while mandatory access to data should also be envisaged to remedy potential market failures;
Amendment 52 #
2020/2217(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Believes that mandatory access to data should also be envisaged to remedy potential market failures and considers in this regard that detailed provisions should be laid down in the upcoming Digital Markets Act; underlines that the proposal for a Digital Market Act should lay down provisions according to which economic entities considered as gatekeepers in the internal market should be required to contribute to data sharing with the relevant stakeholders;
Amendment 63 #
2020/2217(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission communication entitled ‘A European strategy for data’; believes that it is a prerequisite for the viability of European industries and nascent AI, and a vital step towards a democratic data society, which will bring better services, growth and jobs; underlines the importance to avoid protectionism and to allow access to data spaces to non-EU stakeholders, strictly complying with EU privacy, data protection, cybersecurity standards and rules;
Amendment 64 #
2020/2217(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Highlights that the Data Act should lay down provisions for the use of high quality and reliable datasets that are essential for the creation of a well- functioning single European data space and as well as for helping the EU companies to develop high quality products and services across the internal market;
Amendment 70 #
2020/2217(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Believes that the free flow of data across borders is critical to seize all the potential of the data economy and stresses that preserving the flow of data must remain a foundation of Europe’s values and objectives;
Amendment 73 #
2020/2217(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on the Commission to ensure consistency between the Data Act and the framework for the governance of common European data spaces, on the one hand, and the proposals under the Digital Services Act package on the other;
Amendment 74 #
2020/2217(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the COVID-19 crisis highlights the role of real-time data sharing and the need for interoperability of solutions across Member States; stresses the need to accelerate the establishment of sectoral data spaces, as well as the deployment of data infrastructures, tools and computing capacity, in particular Common European Health Data Space by supporting the development of national electronic health records and interoperability of health data;
Amendment 84 #
2020/2217(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the need to improve access to European cloud services and to address interoperability issues, including codes of conduct, certification and standards, in a ‘cloud rulebook’; calls on the Commission to facilitate safe common European data spaces, based on a trustworthy and secure infrastructure with strong cybersecurity tools; considers proportionality to be the guiding principle for data quality and interoperability requirements; calls on the Commission to consider promoting existing standards to avoid unnecessary transaction costs and to provide high quality standards for sectors and data spaces of high importance for significant societal challenges.;
Amendment 100 #
2020/2217(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Believes that achieving the goals of the Data Strategy shall not create market distortions within the Union; underlines that future legislation must be designed to facilitate technological development, innovation, data access, interoperability and data portability;
Amendment 109 #
2020/2217(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that a well-built data society benefits all, empowers workers, start-ups and SMEs, creates quality employment, facilitates economic growth and innovation, instead of lowering their working conditions, and does not lead to inequality or digital gaps;
Amendment 114 #
2020/2217(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the increasing volume, development, storage and processing of industrial and public data in the Union is a source of growth and innovation that should be tapped; believes that this growth can be enhanced via a level playing field and strong multi-player fair market economy, which fully respects the technological-neutrality principle;
Amendment 119 #
2020/2217(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Highlights the role of European start-ups, SMEs in creation of economic growth and jobs, as well as the current market imbalances in access to data;
Amendment 123 #
2020/2217(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that the Union’s data strategy must support economic growth, innovation sustainability, the Green Deal and Union’s climate targets, as well as the resilient recovery of the European economy;
Amendment 129 #
2020/2217(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Urges the Commission to perform in advance an in-depth evaluation and mapping of the existing legislation covering data sharing aspects; assess if adjustments or additional requirements are needed to support the European data economy and safeguard fair competition for all affected actors, while avoiding legal overlaps with existing and new legislation on the EU Data Strategy;
Amendment 134 #
2020/2217(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Notes that European companies operating in some third countries are increasingly faced with unjustified barriers and digital restrictions; welcomes the Commission’s commitment to address, in bilateral discussions and international fora, including the WTO, and in EU Trade Policy, unjustified obstacles to international data flows;
Amendment 136 #
2020/2217(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Supports the creation of a data governance framework for common European data spaces, covering interoperability, sharing, access and portability of data, to enhance the flow and reuse of industrial and public data; stresses that data portability principle should take into account differences in IT providers' infrastructures and practices, enabling users to port their data, noting that infrastructure and practises might change from one provider to another;
Amendment 151 #
2020/2217(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Insists that the data governance model must be built on a decentralised data operating environment accessible to all market participants, both commercial and non-commercial, including start-ups and SMEs, enabling an ecosystem where data can be accessed and used in a trusted, safe and secure environment; insists that cybersecurity standards shall be coordinated with EU ENISA and the EU Cybersecurity Competence Centre;
Amendment 158 #
2020/2217(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for the creation of a Commission-led body that would setHigh Level Expert Group that helps the set up of common Union- wide guidelines on data governance; calls for citizens, civil society, public bodies and businesses to be adequately represented in the governance of data spaces; stresses the importance of coordination of all regulators involved in the data economy;
Amendment 163 #
2020/2217(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the Commission and Member States to build interoperable sectoral data spaces that follow common guidelines and data sharing protocols, in order to avoid creating silos and preventing cross-sectoral innovations;
Amendment 169 #
2020/2217(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Encourages the Commission to use data spaces to enhance trust, create common market-led standards and build well-formed application programming interfaces (APIs), and to consider using pre-agreed sandboxes to test innovationlong with robust authentification mechanism, and to use pre-agreed sandboxes to test innovations; calls the Commission to present a guidance for data usage procedures in order to increase the legal certainty for private and public actors of all sizes;
Amendment 178 #
2020/2217(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes the need to help private and public sector actors, especially SMEs and Start-ups, to identify the data they possess and catalogue and increase the findability of data to fuel data spaces, as well as to facilitate data cleansing routines; calls on the Commission to fund initiatives to improve the findability of metadata within data spaces;
Amendment 183 #
2020/2217(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the Commission’s plans for intermediator labelling/certification for creation of interoperable data ecosystems and markets;
Amendment 186 #
2020/2217(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that personal and industrial data are not always separable; urges the Commission to define guidance on and practices in the utilisation of mixed data sets in industrial environments while guaranteeing privacy rules for personal dataadhere to the Guidance provided on the Regulation (EU) 2018/1807; calls on the Commission to consider creating a horizontal and cross- cutting personal data space alongside other data spaces to address the challenge of mixed data sets and empower citizens via, for example, trustworthy intermediators such as MyData operators, which store data with the consent of the owners; stresses the difference between data intermediaries and data brokers, whereas the latter has as a business model selling data for profit; calls on the Commission to encourage Member States to verify compliance of data brokers with the privacy, data protection and cybersecurity rules of the EU and support them with the necessary resources if needed;
Amendment 197 #
2020/2217(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to present a data act to encourage and enable an increasing B2B, B2G, G2B and G2G flow of data in all sectors; stresses that often public-sector data is not in machine- readable formats; encourages the Commission to coordinate with the Member States the facilitation of sharing non-sensitive public sector-generated data sets for free, whenever possible, and in machine-readable formats, and give guidance on a common model for sharing of sensitive and non-sensitive data in accordance with the GDPR requirements;
Amendment 201 #
2020/2217(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Underlines that competitive access to data is of outmost importance for the development of Artificial Intelligence; stresses that businesses and researchers should be given greater freedom to use data, with less regulatory interference, especially when the AI application for which the data is used does not entail high risks;
Amendment 203 #
2020/2217(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
Amendment 205 #
2020/2217(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Encourages the Commission and Member States to facilitate voluntary data sharing schemes, through inter alia incentivising companies via fair compensation, best practices, tax incentives, public recognition programmes; encourages the Commission to work on collaborative approaches for sharing data and standardized data agreements, to enhance predictability and trustworthiness; stresses the importance of setting clear rules for fair competition and no free-riding in the future Data Act, intellectual property rights protection, clear rules on ownership regarding rights and obligations; compulsory data sharing schemes shall be proactive, on a case by case basis and limited in time and scope, and based on clear rules to avoid unfair competition;
Amendment 212 #
2020/2217(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Stresses that access to data does not preclude privacy; calls on the Commission to promote the use of privacy enhancing or privacy-preserving technologies, such as differential privacy, homomorphic encryption, federated machine learning, pseudonomysation and generalisation;
Amendment 224 #
2020/2217(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to examine actors’ rights and obligations to access data they have been involved in generating;
Amendment 245 #
2020/2217(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reminds the Commission and the Member States to respecfully implement Open Data Directive objectives in word and spirit when negotiating the implementing act on high-value data sets; calls for these data sets to include inter alia a list of company and business registers, while preserving the flexibility for its update; calls on the Commission to provide a better link between those high-value data sets and the common data spaces within the forthcoming data legislation;
Amendment 253 #
2020/2217(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Encourages the Commission to examine the potential of open standards in order to achieve interoperability within and across the data spaces;
Amendment 256 #
2020/2217(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Calls on the Commission to examine opportunities for data curation at scale;
Amendment 263 #
2020/2217(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission and the Member States, in order to strengthen the Union’s technological sovereignty, to promote research and innovation work on technologies that facilitate data sharing and analytics, and to invest in capacity building and high-impact projects to promote research, innovation and the deployment of digital technologies;
Amendment 273 #
2020/2217(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls that the success of the Union’s data and AI strategies depends on the wider ICT ecosystem, closing the digital gap, developing the IoT, fibre, 5G, 6G, quantum, edge computing, block chain and high-performance computing; underscores the importance of the Digital Europe Programme and the Horizon Europe programme, including the earmarking for quantum computing;
Amendment 286 #
2020/2217(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission and Member States to promote competitive markets to support the development of European cloud offerings, e.g. Gaia-x;
Amendment 299 #
2020/2217(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to develop a ‘cloud rule book’ that will inter alia oblige service providers to reveal where data is processed and stored and ensure users have sovereignty over their data;
Amendment 300 #
2020/2217(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Calls on the Commission and Member States to further accelerate the technological developments of IoT and edge computing, while supporting the convergence of technologies such as AI, digital twins, DLTs and intelligent connectivity at the edge, e.g. via large- scale open edge IoT projects;
Amendment 303 #
2020/2217(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Emphasises the importance of trust and cybersecurity for a stable data economy, as well as the importance of state-of-the-art underlying digital infrastructure; urges the Commission to present solutions that are suited to market players of all sizes; calls on the Commission to provide opportunities for conducting abusability and vulnerability audits of the infrastructure for data sharing;
Amendment 332 #
2020/2217(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls for public and private funding for SMEs to fully capitalise on data economy’s potential;micro-, small and medium-sized enterprises to fully capitalise on the potential of the data economy
Amendment 339 #
2020/2217(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on social partners to explore the potential of digitalisation, data and AI to increase productivity, improve well- being of the workforce and invest in upskilling; and proactively involve in awareness raising campaigns;
Amendment 360 #
2020/2217(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Stresses the importance of cross- border data flows for growth and innovation; Calls for the free flow of data between the Union and third countries to be permitted when privacy, security and other legitimate public policy interests are met; calls on the Commission to negotiate new rules for the global digital economy, including the prohibition of unjustified data localisation requirements; calls on the Commission to explore the possibilities to facilitate data flows with strategically important third countries;
Amendment 3 #
2020/2216(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that European leadership can be a reality; establishes the ambition to make the EU a world leader in digital innovation and Artificial Intelligence (AI) development; notes that a second wave of digitalisation lies ahead; underlines that a common EU approach can make Europe the most innovative region in the world by 2030; highlights that digital transformation encompasses all policy areas and is boundless by nature; emphasizes that AI deployment by European industries is key to economic growth and innovations, enhances security and resilience, and strengthens the geopolitical and strategic relevance of the EU;
Amendment 11 #
2020/2216(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Emphasizes that out of the three key objectives defined in the Communication on Shaping Europe’s Digital Future, digital competitiveness and economic growth are irreplaceable prerequisites for building an open, democratic, and sustainable society, powered by technology that works for people;
Amendment 13 #
2020/2216(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Calls on the Commission to adopt a balanced approach, based on the principle of subsidiary, technology- neutrality, and thorough impact assessments, when it presents the multitude of legislative and other initiatives outlined in the Communication on Shaping Europe’s Digital Future;
Amendment 16 #
2020/2216(INI)
1 c. Emphasizes that European data and AI regulation should aim to build a borderless digital single market and a competitive, innovation-friendly, human- centric, trustworthy and secure data society and economy, which supports the development and deployment of AI, access to data, interoperability, and data portability; highlights the importance of right to privacy, civil liberties, protection of individuals with regard to the processing of personal data and information, and cyber security;
Amendment 19 #
2020/2216(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Reminds the Commission of its commitments to one-in-one-out principle and reducing regulatory burden; notes that the future legislative proposals need to address both fragmentation of the Digital Single Market as well as the amount of red tape and regulatory uncertainty currently faced by European industry and innovators; highlights the importance of clear market approval processes and European wide market access policies;
Amendment 21 #
2020/2216(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
Amendment 25 #
2020/2216(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recognises that the EU has an enormously strong SME sector; notes that the successful digital transformation of European SMEs is vital for economic growth, job-creation, and social cohesion; recalls that this second wagve of digitalisation could lead to a strong industrial development of SMEs; calls for a goal of 500 digital unicorns within 10 yeacomprehensive measures, such as access to finance, introduction of the EU Start- up Visa, and reduction of regulatory burden, to better facilitate the growth of digital unicorns in Europe; notes that these measures should be developed in constant dialogue with relevant stakeholders;
Amendment 39 #
2020/2216(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that the COVID crisis provides an opportunity to speed up digitalisation; calls for financial incentives for SMEs that want to enter new marketpublic-private partnerships and financial incentives for innovative digital SMEs, mid-caps, and start-ups that want to enter new markets; calls for the reinforcement of and clearer strategy for the European Digital Innovation Hubs in order to help widespread uptake of new technologies by SMEs; recognizes the potential of intermediaries in the SME ecosystem, such as accountants, chambers of commerce and insurance experts, in helping to foster the digital transition of SMEs;
Amendment 47 #
2020/2216(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Highlights that current market imbalances between gatekeeper platforms and SMEs and limited access to data continue to pose challenges to European SMEs; emphasizes the need to enhance SME access to data; calls for enabling approach to data sharing practices on predominantly voluntary basis, including the provision of incentives to enable data sharing;
Amendment 48 #
2020/2216(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Notes that investing in High- Performance Computing (HPC) is crucial to reap the full potential of AI and other emerging technologies; highlights the role of connectivity, especially gigabit connectivity powered by 5G and fibre infrastructures, as a vital building block for a competitive digital society; calls for bridging the connectivity investment gap through Next Generation EU, as well as national and private funding, in order to complement the insufficient EU investments deployed in the 2021-2027 Multiannual Financial Framework (MFF);
Amendment 50 #
2020/2216(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Stresses that the deployment of very high capacity networks such as 5G will open new ways of working in areas such as manufacturing, transport, automotive and healthcare, allowing for both increased productivity and completely new user experiences; notes that very high capacity networks will allow Europe to take a quantitative leap benefiting an entire ecosystem of technologies, such as virtualization, cloud computing, edge computing, artificial intelligence, machine learning, network slicing, and automation;
Amendment 53 #
2020/2216(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 60 #
2020/2216(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 68 #
2020/2216(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Demands Highlights the lack of European vend to the exodus of start-ups that do not receive follow-up- funding ture capital funding, the disproportionately large role of public entities in the funding that currently exists, and the significant differences in start-up ecosystems and available financing between Member States; calls for a comprehensive European approach, based on competitive taxation and investor-friendly regulation, to ensure access to finance for promising Europe but find it elsewherean start-ups in all growth stages;
Amendment 75 #
2020/2216(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for massive investment in clusters of excellence; calls on the Commission and Member States to facilitate European excellence in AI research and development by increasing research investments and facilitating additional cooperation between innovative companies, higher education, and research institutions; recognises that sharing and reusing AI application components increases use and uptake of AI solutions;
Amendment 78 #
2020/2216(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Emphasizes the need to allow comprehensive research into all AI applications and technologies; calls for legislative solutions, such as regulatory sandboxes with a path to scale up for successful pilots, that will ensure the right of both public and private institutions to research and develop AI for potentially high-risk use cases;
Amendment 80 #
2020/2216(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Highlights the importance of fundamental research into the foundations of AI; notes that current commercial AI applications are based on research that was initiated decades earlier;
Amendment 83 #
2020/2216(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Demands measures to end toaddress the brain drain and attract the best minds to the EU without prejudice to the national labour market systems and the competencies of the social partners;
Amendment 90 #
2020/2216(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that Europe’s growth potential will be determined by the digital skills of its population and businesses; takes note of the skills gap currently visible in the European job market and the need bridge this gap through upskilling and reskilling; calls for increased focus on reskilling and upskilling of digital skills and competences in national education systems;
Amendment 92 #
2020/2216(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Calls for a whole-of-society approach towards cybersecurity; highlights that new approaches to cybersecurity should be designed based on resilience and adaptability to stresses and attacks; emphasizes the role for cybersecurity as a framework where everything from system design and usability to the education and training of citizens must work in tandem; emphasizes the need to include cybersecurity elements in all sectorial policies;
Amendment 95 #
2020/2216(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Fully supports the Commission’s aim to increase the number of women in tech;
Amendment 100 #
2020/2216(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Recognises that AI deployment is key to European competitiveness in the digital era; highlights that to facilitate the uptake of AI in Europe, a common European approach is needed to avoid internal market fragmentbased on a human- centric approach to AI, transparency and clear liability rules is needed to avoid internal market fragmentation; highlights the potential for European added value and the current cost of non-Europe in the field of AI and digital regulation;
Amendment 112 #
2020/2216(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Considers that access to bihigh quality training data is key for the development of AI; calls for a new approach to data regulationstresses that businesses and researchers should be given greater freedom to use data, with less regulatory interference; calls for a new approach to data regulation; that gives higher priority to innovation and competitiveness by giving businesses greater freedom to the use of data when it is not considered to be high risk, along with clear and balanced rules on IPR and protection of business secrets;
Amendment 132 #
2020/2216(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Warns against overregulating AI; recalls that regulation must be balanced, agile, permanently evaluated, and based on soft regulation except for high-risk areas; calls for a regulatory approach that is not based on a snapshot of what technological development looks like at the moment, but strives for the rules to be applicable to future technological breakthroughs and phenomena; calls for all AI regulation to be technology-neutral and proportionate;
Amendment 136 #
2020/2216(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Reminds that AI and other digital technologies are always developed in an international context; notes that unclear and fragmented regulation will drive innovative companies to develop their products and services outside of Europe; underlines the importance of free flow of data across borders; supports the Commission’s aim to address unjustified obstacles to international data flows as well as the restrictions European companies are facing in third countries;
Amendment 1 #
2020/2131(INI)
Draft opinion
Recital 1 a (new)
Recital 1 a (new)
1a. Whereas SMEs are the backbone of the European economy and represent 99% of EU companies;
Amendment 2 #
2020/2131(INI)
Draft opinion
Recital 1 b (new)
Recital 1 b (new)
1b. Whereas European SMEs are currently experiencing unprecedented challenges because of the COVID-19 crisis that threatens their very existence;
Amendment 3 #
2020/2131(INI)
Draft opinion
Recital 1 c (new)
Recital 1 c (new)
1c. Whereas only 17% of SMEs have so far successfully integrated digital technology into their businesses and digitalisation is crucial for a strong economic growth and creation of jobs within the internal market;
Amendment 4 #
2020/2131(INI)
Draft opinion
Recital 1 d (new)
Recital 1 d (new)
1d. Whereas 78% of SMEs see administrative costs as one of the main barriers for their future growth;
Amendment 5 #
2020/2131(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WStrongly welcomes the SME strategy and shares the Commission’s view that SMEs, are essential to the European economy the backbone of the European economy and absolutely essential for economic growth and job creation as well as for a strong and well- functioning internal market; encourages the Commission to swiftly take further initiatives to properly support EU SMEs with the aim to address both the short- term consequences of the crisis and the long-term challenges such as the digitalisation and the transition to a more sustainable internal market;
Amendment 13 #
2020/2131(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the implementation of the SME strategy should focus primarily on supporting SMEs to help them maintain their existence and by aiming at their full recovery and growth, as the COVID-19 crisis has delivered a shock to many SMEs and their crucial role in the everyday life of Europeans; underlines that action should also be taken to support SMEs scaling-up and to enhance their cross- border activities in order to benefit the most from the internal market; recalls that further action should be taken to safeguard SMEs from unfair competition from third countries global players;
Amendment 14 #
2020/2131(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that SMEs in cross- border regions are more severely affected by the internal border closures due to the COVID-19 crisis and that the EU internal market must be made fully operational again as soon as possible; stresses that in times of crisis the free movement of essential goods and services must be guaranteed within the internal market; calls on the Commission to swiftly propose new permanent tools to avoid any disruption of the internal market in the event of a possible second crisis and to take into account SMEs specific needs;
Amendment 18 #
2020/2131(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that improved access to finance and liquidity are necessary to support SMEs and that EU funds together with national measures are necessary to allow companies to bridge liquidity gaps caused by the crisis; highlights that SMEs need support to compensate for loss in revenues, to finance fixed costs and avoid bankruptcies; calls for supporting possible access to diverse financial resources for SMEs in order for them not to be dependant only on banking system but also to consider the use of other means including private equity and crowdfunding;
Amendment 19 #
2020/2131(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls for the synchronisation of all financial tools aimed at supporting SMEs within the internal market; insists that programmes crucial for SMEs competitiveness, development and resilience to the crisis, must be included in the next Multiannual Financial Framework and guaranteeing a necessary level of funding that supports them; COVID-19 support schemes should be tailor-made to address challenges of the different sectors affected and to coordinate EU funding with national and regional initiatives; recovery funding also needs to address additional costs that SMEs in particular have to face when complying with additional safety rules during and after the crisis; the European Investment Bank must also continue to support SMEs in particular as part of the sustainable finance approach;
Amendment 22 #
2020/2131(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that SMEs should not be burdened as little as possible and encourages the Commission to use strong enforcement action to ensure that the single market benefits all businesses and consumers and to counter gold-plating and other regulatory restrictions by making use of all available tools and bodies, such as the SMEs Envoy and the Regulatory Scrutiny Board, in order to create a level playing field in cross-border business in the internal market;
Amendment 31 #
2020/2131(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for a roadmap towards achieving a major reduction in administrative burden and bureaucracy affecting SMEs in the internal market, to boost SMEs potential for investments and speed up EU economic recovery; this should include the following elements: - supporting SMEs to operate cross- border thus fully reaping the benefits of the internal market; - encouraging scale-up; - strengthening and mainstreaming the SMEs dimension in all impact assessments through a binding SME test performed at an early stage of the impact assessment to analyse the economic impact of legislative proposals, including the compliance costs; - applying of the one-in-one-out rule in such a way that for any additional compliance cost introduced by new legislation, the corresponding amount of compliance cost is reduced; - reducing the regulatory burden through concrete targets at EU and national level (such as a reduction by 30% or cut 1000 outdated rules and regulations), in order to make a real benefit for SMEs to grow and prosper within the EU internal market;
Amendment 37 #
2020/2131(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the crucial role of data as the lifeblood of the digital economy; supports the Commission in establishing European data spaces for trusted and secure data sharing to ramp up data flows between businesses and with governments; underlines that SMEs must be given a fair share of the added value of the data they generate and highlights that interoperability and non-discriminatory access to data, including platforms’ data, are key to ensure a digital level playing field within the internal market and to successfully deal with challenges and opportunities emerging from data sharing, data security and cybersecurity issues across the whole internal market;
Amendment 43 #
2020/2131(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that there is the need to facilitate the SMEs’ uptake of Artificial Intelligence by promoting the creation of SME cross-border Alliances for AI in strategic value chains within the internal market, as well promoting investment in the next generation of standards, tools and infrastructures to store and process data; points out that it is important to ensure SMEs’ access to and awareness of ICT standards to innovate and provide more tailored digital solutions;
Amendment 46 #
2020/2131(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses that start-ups represent the SMEs with the higher potential to grow in new digital sectors such as AI, IOT and robotics; stresses that also microenterprises and micro-companies, that do not dispose of sufficient resources or infrastructure for digital transformation, must have access to sufficient financial resources and be adequately supported; recalls that also traditional SMEs focused on the sustainable development of the society are threatened heavily by the crisis in several sectors and should be adequately supported;
Amendment 50 #
2020/2131(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages Member States to implement the single digital gateway in an SME-friendly way by cooperating closely with regional and local authorities as well as with the other Member States and by providing easy digital access to information, procedures, and services linked to doing business across borders, including advice on public procurement and funding sources;
Amendment 63 #
2020/2131(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member States to simplify procurement tendering processes by using the flexibility of the EU’s newCommission’s new guidance within the EU’s public procurement framework and to enhance opportunities for SMEs in the internal market by using digital tools and platforms to expand cross-border procurement; stresses that greensustainable public procurement can make an important contribution to building a sustainable economythe transition to a more sustainable economy and that SMEs need the right support to bring forward this transition;
Amendment 64 #
2020/2131(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the need to increase the SMEs’ share of government contracts, enhancing their access to public procurement and combating tendering criteria that set requirements beyond the fundamental elements of the service or goods purchased, such as price, quality and sustainability;
Amendment 67 #
2020/2131(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Underlines the need for a significant increase in the SMEs participation in the EU public procurement market; recalls the importance of a European public procurement market for SMEs which is based on moderate-sized tenders that allow them to participate in the procurement process and where real and fair competition between market actors can take place within the internal market; furthermore underlines that is important to make the European Single Procurement Document (ESPD) more accessible to SMEs; calls for the creation of digital tools such as platforms for enhancing the access to relevant public procurement information for SMEs;
Amendment 69 #
2020/2131(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines the fact that late payments account for a quarter of all SME bankruptcies in the EU; urges the Commission to swiftly equip the Late Payment Directive1 with strong monitoring and enforcement tools so as to ensure and promote prompt payments as a norm across the single market, including through an active use of infringement procedures in cases where the Directive is not properly implemented; to that aim, encourages Member States to appoint an independent enforcement authority in charge of monitoring the proper application of the late payment rules and empowered to impose penalties in case of delays in payment times. __________________________ 1 Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions, OJ L 48, 23.2.2011, p. 1.
Amendment 74 #
2020/2131(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
Amendment 80 #
2020/2131(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Points out that midcap companies that exceed the criteria of the SME definition contribute significantly to growth and job creation with in the internal market, but receive too little support; calls on the Commission to consider a revision of the current SMEs definition and propose an additional separate midcap definition ensuring that small midcaps with 250 to 499 employees in particular can be better relieved and promoted, while making sure that SMEs funding is not reduced for those SMEs meeting the current criteria.
Amendment 9 #
2020/2129(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that globalisation has created interdependencies between societies, where any product results from complex transnational supply and value chains and where decisions taken by European firms impact on peoples’ ability to enjoy human rights and fundamental freedoms worldwide;
Amendment 11 #
2020/2129(INL)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that the OECD has shown that companies which took proactive steps to address the risks related to the COVID- 19 crisis in a way that mitigates adverse impacts on workers and supply chains, integrate a more long-term value and resilience, improving their viability in the short term and their prospects for recovery in the medium to long term;
Amendment 14 #
2020/2129(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Regretcalls that many businesses’ decisions are primarily guided by lower costs and higher profits with inadequate consideration of adversein any market economy companies are driven by the motivation of making a profit, meaning reaching a situation where total revenues outnumber total costs, which is the basis for their capacity to employ staff and pay out decent salaries, which in return also permits state authorities to collect taxes, and hence the gathering of an economic profit can be seen as the origin of our social market economy, social wealth and economic progress; notes however that business decisions of certain companies may not pay adequate attention to the long-term costs of their short-term profit gathering, such as working conditions and environmental standards, which can impacts on human rights and the environment down their global value chains, while severeas human rights violations often occur at primary production level, in particular when sourcing raw material and manufacturing products;
Amendment 21 #
2020/2129(INL)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recognises that the European citizens, as active consumers in the European internal market, are increasingly demanding that companies actively take into account the full spectrum of their economic activities and pursue an effective policy of corporate social responsibility (CSR), and notes that increasingly more consumers make their decision on purchase of products or services from companies based on their CSR record and sustainability criteria;
Amendment 23 #
2020/2129(INL)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Welcomes the fact that more and more companies are integrating due diligence and corporate social responsibility as integral parts of their business decisions and underlines that such an approach is not only morally appropriate but ultimately also is a more economical long-term approach;
Amendment 24 #
2020/2129(INL)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Notes that as a result of changed business models and increased public scrutiny, the human rights situations of certain workers has significantly improved; underlines, however, that much needs to be done;
Amendment 25 #
2020/2129(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Is gravely concerned by the persistent exploitation and degradation of human beings through forced labour systems affecting 25 million people and from which the private economy extracted profits of 150 billion dollars globally in 2019; Notes with concern that there are currently s; points in this light also to the unacceptable situation of child labour, which according to UN sources affects millions of children below the age of 18 around the world; points to the special responsibility of compan iestimated 152 million children in child labour, 72 million of whom work in hazardous conditions to protect in particular children and prevent any form of child labour;
Amendment 29 #
2020/2129(INL)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 31 #
2020/2129(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that the rights to an effective remedy and fair trial are basic human rights enshrined in Article 8 of the Universal Declaration of Human Rights (UDHR), Article 2(3) of the International Covenant on Civil and Political Rights (ICCPR), as well as in Articles 6 and 13 of the ECHR and Article 47 of the Charter; stresses that the Union, as part of its commitment to promote, protect and fulfil human rights worldwide, mustshould help to promote the rights of victims of business- related human rights violations and abuses that amount to criminal offences in third countries, in line with Directives 2011/36/EU1 , and 2012/29/EU2 of the European Parliament and of the Council; _________________ 1 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1). 2 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 (OJ L 315, 14.11.2012, p. 57).
Amendment 42 #
2020/2129(INL)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes, that in 2014, the UNHRC adopted a resolution establishing an open- ended intergovernmental working group with the mandate to elaborate an international legally binding instrument on transnational corporations and other business enterprises, with respect to human rights;
Amendment 47 #
2020/2129(INL)
Draft opinion
Paragraph 10
Paragraph 10
10. Points out that corruption in the context of judicial proceedings can have a devastating effect on the lawful administration of justice and judicial integrity, and intrinsically violate the fundamental right to a fair trial, the right to due process and the victim’s right to effective redress; stresses that corruption generally leads tocan potentially lead to cases of systematic abuse of human rights in the business context, for example, by preventing individuals from accessing goods and services that states are obliged to provide to meet their human rights obligations, by encouraging wrongful acquisition or appropriation by businesses of land, or by granting licences or concessions to businesses in the extractive sector;
Amendment 53 #
2020/2129(INL)
Draft opinion
Paragraph 11
Paragraph 11
11. Regrets that despite attempts byWelcomes the attempts taken by a number of European companies to implement their corporate responsibility policies to respect human rights, and various polices and laws in place to encourage or require due diligence across different Member States, only 37% of businesses are currently undertaking due diligence in their supply chains and only 16% cover the entire value chain; stresses thatstresses that in order to advance the protection of human rights and prevention of business- related abuses and violations cannot be achieved with current policies and that binding Union legislation is necessary to bridge this gapa better legal framework is needed;
Amendment 57 #
2020/2129(INL)
Draft opinion
Paragraph 12
Paragraph 12
12. Notes that corporationdiverse groups of stakeholders, businesses and investors are calling for mandatory human rights due diligence legislation at Union level, to harmonise standards inside the EU single market, and secure a global level playing field and greater legal and business certainty;
Amendment 68 #
2020/2129(INL)
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recalls, however, that additional support to companies is needed in order to ensure that the implementation of any such new regulation does not lead to disproportionate obstacles and financial burden for companies;
Amendment 69 #
2020/2129(INL)
Draft opinion
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Underlines that special efforts must be taken to ensure that the rules for the European companies should ultimately also be implemented globally in order to avoid that new regulations simply lead to reduction of European activities without actually improving the human rights situation of workers, since the economic activities simply move to other markets with lower standards; stresses the importance of holding businesses and competitors worldwide to equal standards, in order not to put companies into competitive disadvantage for being responsible, while businesses with lower due diligence standards stand to benefit;
Amendment 71 #
2020/2129(INL)
Draft opinion
Paragraph 14
Paragraph 14
Amendment 79 #
2020/2129(INL)
Draft opinion
Paragraph 15
Paragraph 15
Amendment 86 #
2020/2129(INL)
Draft opinion
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses the necessity of a single European harmonised legal framework, provided that currently there are a number of laws and standards at national levels that can create complexity, uncertainty and fragmentation, whereas a united approach can provide legal certainty and introduce clear course of action;
Amendment 87 #
2020/2129(INL)
Draft opinion
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Recommends that small, medium- sized and micro-enterprises should be covered by any future mandatory EU due diligence framework but that their diligence processes should follow a proportional approach that could take into account, amongst other elements, the sector of activity, the size of the undertaking, the context of its operations, the nature and the severity of risks in its value chain, its business model, its position in value chains and the nature of its products and services;
Amendment 97 #
2020/2129(INL)
Draft opinion
Paragraph 17
Paragraph 17
17. Recommends that Union mandatory due diligence legislation be adopted to require companies to identify and address their impacts with reference to all internationally recognisedfor the EU single market be adopted to ensure the full implementation of human rights including, as a minimum, those encompassed by the UDHR, all nine core international human rights treaties, the ILO Declaration on Fundamental Principles and Rights at Work and all fundamental ILO conventions, as well as the ECHR and ICESCR, which are binding on Council of Europe member states and also bind Member States as a result of Union law and the common constitutional traditions of the Member States;
Amendment 123 #
2020/2129(INL)
Draft opinion
Paragraph 25
Paragraph 25
25. Notes that some businesses are accused of profiting from or even complicity in war crimes and crimes against humanity due to their own activity or that of their business partners in conflict-affected areas or to their business relationships with state- or non-state actors involved in conflicts globally; Recommends that, in order to prevent substantial risks of grave human rights abuses and serious breaches of international law, the scope of due diligence under Union legislation be extended to breaches of international criminal law and international humanitarian law in which businesses may beare directly implicated;
Amendment 128 #
2020/2129(INL)
Draft opinion
Paragraph 26
Paragraph 26
26. Recommends that, requirements for corporate mandatory human rights and environmental due diligence should be grounded in the principle of corporate responsibility to respect human rights as articulated by the UNGPs; businesses should avoid infringing human rights and address adverse human rights impacts with which they are directly or indirectly connected, entailing in practice that they should have in place an embedded human rights policy, a human rights due diligence process and appropriate and adequate measures to facilitate access to effective remedies for business-related human rights abuses, including at company level, and other grievance mechanisms;
Amendment 140 #
2020/2129(INL)
Draft opinion
Paragraph 27
Paragraph 27
27. Is of the view that businesses have a responsibility to ensure that their activities do not undermine or harm the protection of human and environmental rights; insists they must not promote, participate or in any manner contribute to, or endorse policies and activities, which can lead to human rights violations; underlines that businesses must do everything possible, within their capacities, to prevent and mitigate the effect of adverse impacts;
Amendment 146 #
2020/2129(INL)
Draft opinion
Paragraph 28
Paragraph 28
28. Stresses that human rights impacts can be specific to certain rights holders and vulnerable groups due to intersecting factors such as gender, ethnicity, religion, social and employment status, migrant or refugee status, indigenous status, exposure to conflict or violence or other factors; this must be reflected in the due diligence processes, including the human rights impact assessment phase and remedy procedures;
Amendment 152 #
2020/2129(INL)
Draft opinion
Paragraph 29
Paragraph 29
29. Notes that the risk of business- related human rights adverse impacts does not always depend on the size of the company; iInsists that the scope of due diligence obligations must be based on the risk of adverse impacts and must be specific to the country and sector of activity; recalls that according to the UNGPs, three factors should be taken into account in assessing the severity of business impacts on human rights: the scale of the impact, the scope of the impact and whether the impact is irremediable;
Amendment 159 #
2020/2129(INL)
Draft opinion
Paragraph 30
Paragraph 30
30. Notes that human right risks are context-specific and that, to accurately assess human rights risks, prevent, mitigate and remedy adverse impacts, businesses should include in their analysis, in addition to information from employees, right-holders, affected communities and workers’ representatives,seek cooperation and information from reliable independent expert sources, for which transparency is key; stresses in this regard, the key role of national human rights institutions, NGOs human rights oversight bodies such as the United Nations, ILO and Council of Europe, OSCE supervisory mechanisms, and the European Union Agency for Fundamental Rights as relevant sources of information and reporting;
Amendment 171 #
2020/2129(INL)
Draft opinion
Paragraph 32
Paragraph 32
32. Notes that due diligence also necessitates measuring the effectiveness of processes and measures taken and communicating results, including periodicallwhen deemed necessary producing public evaluation reports, while fully complying with competition policy and the need to protect internal business know-how;
Amendment 173 #
2020/2129(INL)
Draft opinion
Paragraph 33
Paragraph 33
33. Stresses that transparency must be at the core and the overriding principle of the tracking, monitoring and assessment process and that external participation, oversight and verification are key elements for robust and meaningful corporate human rights due diligence and its evaluation; calls, accordingly, for Union due diligence legislation to require the publication of lists of companies within its scope, the publication of due diligence reports via online public repositories, and the identification of companies that comply or have failed to comply with due diligence obligations;
Amendment 176 #
2020/2129(INL)
Draft opinion
Paragraph 34
Paragraph 34
Amendment 182 #
2020/2129(INL)
Draft opinion
Paragraph 35
Paragraph 35
35. Notes that rights holders primarily affected by business-related human rights abuses often lack adequate access to information about their rights and about how they are given effect in domestic legislative systems, and have difficulty accessing state agencies and organisations concerned with protection and enforcement of their rights; recommends that the legislation encourage businesses to engage with all affected and potentially affected stakeholders, with their representatives, or both, including workers’ representatives, at all stages of the due diligence process, from development to monitoring and evaluation, in a timely and meaningful manner;
Amendment 195 #
2020/2129(INL)
37. Suggests that the companies establish effective alert mechanisms; through recourse to such mechanisms any interested party, including trade unions, consumers, journalists, civil society organisations, including faith-based organisations, as well as Churches and religious communities, lawyers, and human rights and environmental defenders, or members of the public, should be able to warntalk and potential send early warning signs to the company of adverse impacts and human rights violations;
Amendment 203 #
2020/2129(INL)
Draft opinion
Paragraph 42
Paragraph 42
42. Highlights the fact that, as recalled by the UNGPs, states and not companies have the duty to ensure, through judicial, administrative, legislative or other appropriate means, that those affected by business-related human rights abuses for which the company is directly responsible have access to an effective remedy; Recommends that the legislation makes specific reference to this obligation in line with the United Nations Basic Principles and Guidelines on the Rights to Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law;
Amendment 207 #
2020/2129(INL)
Draft opinion
Paragraph 43
Paragraph 43
43. Stresses that as part of due diligence, as required by the corporate responsibility to respect human rights, companies should put in place processes to enable the adverse human rights impacts they cause or to which they contribute to be remedied; accordingly, operational level grievance mechanisms should be legitimate, accessible, predictable, equitable, transparent, rights-compatible, based on engagement and dialogue and a source of continued learning as established in United Nations Guiding Principle 31; emphasises that such mechanisms should never be used to obstruct access to justice via state-based, judicial and non-judicial, grievance mechanismsvictims of human rights violations, environmental damage and corruption abuses they cause or to which they contribute to have access to an effective remedy action;
Amendment 213 #
2020/2129(INL)
44. Insists that access to evidence and time limitations can be major practical and procedural barriers faced by victims of human rights abuses in third countries, obstructing their access to effective legal remedies; stresses that that the burden of proof should be shifted from the victims to the company and that the legislation must require companies to disclose all necessary information for interested parties to engage in judicial proceedings and for victims to access remedies;
Amendment 223 #
2020/2129(INL)
Draft opinion
Paragraph 46
Paragraph 46
46. Recommends that the legislation establishes guidance regarding the elements of an effective, fair and equitable operational grievance mechanism, with a view to defining appropriate measures tofor prevent harmion, including providing adequate access to remedies;
Amendment 226 #
2020/2129(INL)
Draft opinion
Paragraph 46 a (new)
Paragraph 46 a (new)
46a. Stresses that if due diligence is implemented comprehensively, companies will in the long term benefit from better business conduct with focus on prevention rather than on remediation of harms;
Amendment 234 #
2020/2129(INL)
Draft opinion
Paragraph 48
Paragraph 48
48. Recommends that Union due diligence legislation could as a last resort, and only after steps aimed at mediation have not resulted in any improvement require Member States to determine effective, proportionate and dissuasive penalties and sanctions based on the severity and repetition of misconduct for non- compliance by companies with due diligence obligations, including in relation to the making of false or misleading statements;
Amendment 243 #
2020/2129(INL)
Draft opinion
Paragraph 51
Paragraph 51
51. Recommends thata discussion on whether the legislation should include criminal liability provisions for companies and directors and management that aretop level officials of companies that are directly held responsible in the event of severe violations of human rights.;
Amendment 28 #
2020/2088(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the higher turnout was ultimately linked toshould not divert our attention from the gains by Eof eurosceptics, which should be considered as a warning for European integration, especially in several founding Member States where far-right extremists and anti-European forces won the electionspopulist and nationalist movements; whereas many of these radical forces from left to right are against the EU integration project;
Amendment 32 #
2020/2088(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the higher turnout is also a sign that EU citizens want the EU to act swiftly and effectively on important matters such as climate change, migration, protection of fundamental rights and democratisation;
Amendment 35 #
2020/2088(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. Whereas we need to be more efficient and proactive in taking advantage of all means of communication, including digital technology, to foster a strong link between European political decisions and constituents’ sense of connection to EU institutions;
Amendment 56 #
2020/2088(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the amendedParliament should pursue its proposals for amendments to the Electoral Act, still pending ratification by some Member States, already requires further improvements (i.e. regarding parental leave for MEPs)with renewed vigour and to push for unified European electoral rules;
Amendment 70 #
2020/2088(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the 2019 elections failed to culminate in the choice of a Commission President from among the various Spitzenkandidaten, resulting in a backward step from the process which was established in 2014;
Amendment 78 #
2020/2088(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the Spitzenkandidaten process has yet to be fully developed; whereas it lacks, among other things, the possibility for Spitzenkandidaten to stand as official candidates in all Member States on transnational lists, allowing all European voters to choose and vote for their preferred Spitzenkandidatimproved, allowing all European voters to know who are the candidates to the presidency of the European Commission and how they were chosen by European political parties; whereas Parliament raised this issue in its decision of 7 February 2018 on the revision of the Framework Agreement on relations between the European Parliament and the European Commission15 ; ; _________________ 15 Texts adopted, P8_TA(2018)0030.
Amendment 84 #
2020/2088(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the Spitzenkandidaten system needs to be improved and formalised in the EU’s primary law after an in-depth institutional reflectionaddressed and reflected upon in the Conference for the Future of Europe; whereas this reflection should also include the de facto political role of the Commission and its President and any related changes to the decision-making process of the Union;
Amendment 88 #
2020/2088(INI)
Motion for a resolution
Recital M
Recital M
M. whereas institutional improvements such as transnational lists, as acknowledged by Parliament in its resolution of 7 February 2018 on the composition of the European Parliament, or the transformation of the Council into a second legislative chamber of the Union, as proposed in its resolution of 16 February 2017 on possible evolutions of and adjustments to the current institutional set-up of the European Union, would radically transform the European elections into one true European election,are needed in order to achieve a true European political sphere as opposed to the collection of 27 separate national electiondebates that it is today;
Amendment 94 #
2020/2088(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. Whereas proposal such as the "transnational lists" or the transformation of the Council into a second legislative chamber are still under discussion; whereas none of them count currently with a majority support; Whereas the upcoming Conference on the Future of Europe provides a true opportunity to discuss these issues and other institutional reforms; Whereas the success of the Conference will crucially depend on the agenda, the involvement of the citizens and the European Council's willingness to implement results;
Amendment 109 #
2020/2088(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas European political parties and foundations are the primary facilitators of a successful European political debate, both during and beyond European elections and should be rendered more visible;
Amendment 125 #
2020/2088(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note of the higher turnout in the 2019 European elections; considers that this shows that an increasing proportion of citizens consider the EU to be the appropriate level at which to address the challenges of our time such as climate change and environmental concerns, social and gender inequalities, sustainable growth, and geopolitical concerns such as migration and foreign policyas economy and sustainable growth, public health, climate change and environmental protection, digital revolution, the promotion of freedom, human rights and democracy, social and gender inequalities, migration and demography, security and the role of the EU in the world; urges all the European institutions, therefore, to take responsibility and to act upon the mandate they have been given, directly or indirectly, by the citizens; regrets both the lack of decisiveness by the Council and the lack of clear intent to achieve solutions based on a common approach;
Amendment 135 #
2020/2088(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. DeplorWelcomes the fact that the outcome of the elections did not lead togender balance in Parliament has improved over the last elections; Stresses however that there is still room for further improvements in order to achieve a genuine gender -balance ind Parliament; calls on the Commission, in cooperation with Parliament and other bodies such as the Venice Commission, to formulate recommendations to Member States with a view to increasing the representation of women in the European Parliament;
Amendment 158 #
2020/2088(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is of the opinion that the reason whyAcknowledges that the Spitzenkandidaten process failed to produce a President of the European Commission after the 2019 elections is because no improvements were made to it following the experience of 2014; intends to strengthen the democratic process for choosing the Commission President before the next European elections of 2024;
Amendment 165 #
2020/2088(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the up-comingCalls for the swift adoption of the joint declaration of the three European institutions on the Conference on the Future of Europe, recalls the commitment by the Commission President to address the issue of transnational lists and the Spitzenkandidaten process as the priority institutional issues during the Conference;
Amendment 173 #
2020/2088(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the election of the Commission President depends on a majority of Parliament’s members, which de facto requires the formation of a coalition; recommends that the election procedure be reversed so that Parliament proposes and elects the President of the Commission, after obtaining the consent of the European CouncilRecalls the commitment by the Commission President to address the issue of the Spitzenkandidaten process and transnational lists in the context of the Conference on the Future of Europe; Stresses that the election of the Commission President depends on a majority of Parliament’s members, which de facto requires the formation of a coalition, as shown in the election of July 2019 of the von der Leyen Commission;
Amendment 186 #
2020/2088(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the outcome of the European elections has reinforced the political dimension of the election of the European Commission, and therefore the need for more accurate and objective scrutiny of the declarations of interests of the Commissioners-designate; calls for the creation of an independent body, endowed with the appropriate means, to have this scrutiny included in its responsibilitiesstrengthening of this scrutiny before, during and after the mandate of the Commissioners-designate by reinforcing the role of the already existing Independent Ethical Committee;
Amendment 190 #
2020/2088(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 203 #
2020/2088(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Insists that all European voters should be allowed to vote for their preferredbe allowed to know who the candidate fors to the Ppresidentcy of the European Commission are, giving them the choice to vote for his or her political party; reiterates, therefore, that the Spitzenkandidaten should be able to stand as official candidates atin the next elections in a joint European constituency across all Member StateEuropean Elections;
Amendment 206 #
2020/2088(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 213 #
2020/2088(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 221 #
2020/2088(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Acknowledges that despite the fact that the agreed reform of the Electoral Law has not yet been ratified by some Member States, further improvements are required, such as provisions for remote voting operations in defined or exceptional circumstances, as well as on the elections in the joint European constituencyshould be addressed at the Conference on the Future of Europe;
Amendment 235 #
2020/2088(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 243 #
2020/2088(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission and the Council to consider, in accordancfully engage with the work of Parliament’s new Special Committee on Foreign interference and Disinformation, the urge and take into creation of a European organisation dedicated to the fight against foreign interferenceonsideration the outcome of its work; encourages the Commission and the Council to work much more closely with Parliament on these matters, as the protection of our democratic institutions is a core competence of the European Parliament;
Amendment 249 #
2020/2088(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Considers European political parties' manifestos should be known before the elections, which requires clear and transparent rules on campaigning; underlines the European election rules shall promote European party democracy, including by making obligatory for parties running in European elections and the European party logo appear (next to the national one) on the ballot sheet;
Amendment 256 #
2020/2088(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Is of the opinion that the introduction of an annual European Week taking place simultaneously in all national parliaments, with debates between MPs, European Commissioners, MEPs and representatives of civil society on the Commission Work Programme would support the emergence of connected inter-parliamentary public spheres as well as improving the communication of European actions at national level;
Amendment 17 #
2020/2077(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considersing that placing sustainable products on the internal market should bprogressively become the norm and, calls for a horizontal Sthe Commission to propose a sustainable Pproduct Framework Directive policy framework setting mandatory minimum requirements, for categories of products, to strengthen energy efficiency, durability, interoperability, reparability, upgradability, reusability and recyclability for all products alongside further product- specific requiremen, taking into account the specific characteristics of different categories of products;
Amendment 22 #
2020/2077(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. In the light of optimizing existing EU policies' efficiency and their contribution to circular economy, asks the Commission to avoid overlaps and discrepancies among them by considering possible synergies and reviewing on a regular basis the overall consistency among the different policy tools;
Amendment 33 #
2020/2077(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Given that voluntary agreements have proved ineffective in terms of achieving a sustainable and common charging solution for smartphones and small and medium radio equipment, calls on the Commission to implement, as a matter of urgency, necessary measures for the introduction of a common charger for all small and medium-sized electronic devices in order to best ensure standardisation, compatibility and interoperability of charging capabilities, including wireless charging;
Amendment 38 #
2020/2077(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Strongly believes that decoupling of new chargers from device sales is necessary for any initiative to achieve not only cost savings and convenience benefits for consumers but also greater environmental impacts; reiterates that decoupling solution in order to be beneficial for consumers has to be implemented after introducing common charging standard for all small and medium-sized electronic devices;
Amendment 43 #
2020/2077(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s intention to empower consumers to further engage in sustainable consumption practices; calls for mandatory labelling on product dur by ensuring access to correct information about the durability, recyclability and reparability of products; therefore calls the Commission to consider harmonization of voluntary labelling on product circularity, including information about product's durability, recyclability and reparability, and thto be development of a repair score, in addition to minimum information requirements; asks foed in close collaboration with business representatives and other relevant stakeholders; asks the Commission to consider bpothential extension of the legal guarantee rights and the reversed burden of proof rules to be extended based on the lifespan of products, the introduction of direct producer liability, when reviewing the application of Directive 2019/771 on certain aspects concerning contracts for the sale of goods, and for legislative measures to ban practices resulting in premature obsolescence;
Amendment 51 #
2020/2077(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reiterates the importance for consumers to receive trustworthy and relevant and accurate information about interoperability, charging performance and speed of the charging of electronic devices in order to be able to make the most convenient, cost efficient and sustainable choice for them; strongly believes that the harmonized labelling of chargers would ensure the effective communication of compliance with USB 3.1 or higher and a clear indication of power rating, fast charge capability and compatibility, data capability and speeds, as well as display capability whenever relevant;
Amendment 62 #
2020/2077(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Supports the establishment of an EU-wide ‘right to repair’xtension of a ‘right to repair’ for more categories of products; calls, in this context, for measures to provide unrestricted and free access toaccess to affordable repair and, maintenance information and to spare parts to all market participants, to define a mandatory minimum period of time for the availability of spare parts and/or updates, a maximum time-limit for their delivery, and for repair to be given priority under the legal guarantee regime, spare parts and software updates for all market participants; asks the Commission to present a comprehensive impact assessment justifying such an extension;
Amendment 66 #
2020/2077(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Is of the opinion that counterfeit products have become a growing and challenging problem damaging the core concept of the circular economy, which lies in the maintenance of the products and materials’ value. In this context, calls on the Commission to address the risks from counterfeit products, which not only pose an important safety threat for the consumers, but also create direct and/or indirect economic losses to manufacturers;
Amendment 74 #
2020/2077(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that effective enforcement is crucial to making sure that products placed on the market comply with sustainability requirements; calls, therefore, for greater EU oversight, through setting harmonised rules on the minimum number of checks and their frequency, and by empowering the Commission to monitor and audit the activities of national authorities, as well as to carry out regular tests and inspections;
Amendment 83 #
2020/2077(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines the importance of transparent and reliable information on product characteristics for consumers, businesses and market surveillance authorities, and welcomes the Commission’s intention to develop a digital product passport; calls, in this regard, for mandatory information requirements to apply throughout the supply chain, covering not onlysuch aspects such as durability and, reparability, but also social and environmental condition and energy efficiency where relevant; calls for these requirements to be developed in close collaboration with industry and other relevant stakeholders taking into account proportionality and costs for businesses, especially SMEs;
Amendment 102 #
2020/2077(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for a revision of EU public procurement legislation introducing mandatory minimum targets, through defining a certain percentage for procurement based onUnderlines the significant role the public procurement plays in fostering innovative and sustainable products; considers that the benefits of public procurement policies could be further realised if relevant legislation is correctly implemented, harmonised and simplified; encourages the Commission to carry out an in-depth analysis of how to balance environmental, social and ethicalconomic criteria, and introducing a hierarchy of award criteria, together with sector-specific targets. in a sustainable way; calls on the Commission to revise guidance on Public Procurement with the aim to facilitate more sustainable purchasing;
Amendment 107 #
2020/2077(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Given the food packaging’s high impacts on the environment, particularly when littered, calls on the Commission to clarify the concepts of “(over)packaging” and “unnecessary packaging”; asks, therefore, to the Commission to increase the sustainability of food distribution through specific measures; asks the Commission to take into account new business models, such as packaging free shops, and analyse their potential impact on environment and consumers’ convenience;
Amendment 114 #
2020/2077(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Highlights the role of the service sector in increasing accessibility and affordability of repairs, leasing and product-as-a-service; calls on the Commission to evaluate how a more harmonised internal market for services can contribute to the transition to a circular economy;
Amendment 115 #
2020/2077(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Encourages increased standardisation of the processing of secondary raw materials to facilitate the implementation of circular business models; in this context, calls on the Commission to strengthen the internal market for secondary raw materials through targeted efforts to identify and remove barriers to trade; in addition, asks the Commission to improve the enforcement of the Waste Shipment Regulation with the aims to stimulate sourcing of high quality secondary raw materials in the EU as well as optimize resource efficiency;
Amendment 117 #
2020/2076(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is of the opinion that digital and environmental transitions should be at the very core of all Unions strategies until 2050; in this context, calls on the Commission to define a comprehensive industrial strategy which manages these transitions, fosters transformation and guarantees the Union’s strategic autonomy and recognition and encouragement of sector-specific ‘first movers’ who act as role models of innovation and agile business development;
Amendment 7 #
2020/2015(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that disruptive technologies such as AI offer both small and large companies the opportunity to develop market-leading products; considers that all companies should benefit from equally efficient and effective IPR protection; provided that a balanced coexistence of different actors in the Digital Single Market is ensured; considers that all companies should benefit from equally efficient and effective IPR protection which safeguards and encourages innovation and creativity; underlines the importance of AI technologies in enabling a more transparent, efficient and reliable management of IP-related aspects of transactions, notably through AI-enabled smart contracts which are capable to speed up IP-related transactions and minimise transaction costs; underlines the necessity to always know the owner of the data given the ever-increasing volumes of data used by AI, stresses out that AI should be subjected to human oversight and human workers should always make final decisions.
Amendment 20 #
2020/2015(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission and the Member States to offer support to start-ups and SMEs via the Single Market Programme and Digital Innovation Hubs to protect their products; stresses the importance of coordination in IPR for the development of AI with other important global players in order to create a globally compatible approach to AI that would be beneficial for SMEs too.
Amendment 27 #
2020/2015(INI)
4. Stresses the importance of protecting IPRs, including trade secrets, in any regulatory framework for AI, in particular as regards any detailed requirements for the narrow set of applications deemed ‘high-risk’; stresses the importance of the proper interpretation of the EU General Data Protection Regulations provisions regarding profiling and automated decision-making;
Amendment 30 #
2020/2015(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes that the challenge of assessing AI applications requires the development of new methods; notes, for instance, that adaptive learning systems may recalibrate following each input, making certain ex ante disclosures ineffective; could serve as an example of a software where algorithms optimise the content to adjust for the learners goals and current state of knowledge;
Amendment 45 #
2020/2015(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the importance of introducing up-to-date tools allowing companies to secure their IPRs, for example placing digital locks on their products and services;
Amendment 8 #
2020/2011(INI)
Draft opinion
Recital A
Recital A
A. whereas 43 % of Roma are in some form of paid employment1 ; whereas 50% of Roma between the age of 6 and 24 do not attend school and 63 % of young Roma (aged 16-24) are not in education, employment or training (NEET)2 ; whereas the increasing share of Roma NEETs was an area where the situation had deteriorated in 2016 compared to 20113 ; _________________ 1European Commission, 2019 Report on National Roma Integration Strategies: Key Conclusions, p. 3. 2Report on the implementation of national Roma integration strategies – 2019, COM(2019)0406, p. 4. 3 Roma inclusion measures reported under the EU framework for NRIS, SWD(2019) 320 final, PART 1/2, p. 18.
Amendment 61 #
2020/2011(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights that the most critical points to address in the area of Roma employment are effective transition from education to the open labour market, tackling negative stereotypes that are often the biggest obstacles to find employment, tackling discrimination by employers, matching labour demand with labour supply, and the growing rates of Roma youth not in education;
Amendment 87 #
2020/2011(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the need for an urgent and thorough commitment by the relevant state authorities to the desegregation of Roma pupils in schools and to securing the same quality and inclusive mainstream learning as the non-Roma pupils, as Roma children are often educated in segregated environments, while the misdiagnosis of Roma children as having special educational needs is still a common discriminatory practice;
Amendment 111 #
2020/2011(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to facilitate an exchange of best practices between Member States and to monitor the progress;
Amendment 115 #
2020/2011(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Calls on the Member States to make the greatest effort in order to sensitise public opinion concerning Roma inclusion;
Amendment 2 #
2020/2007(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the Professional Qualifications Directive facilitates the intra-EU labour mobility and the Services Directive realises the free movement of services, but the full potential of the single market for services and professionals can still be further improved and developed and the barriers for the free movement of services and professionals removed;
Amendment 8 #
2020/2007(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the COVID-19 crisis has caused an unprecedented economic crisis, and unlocking the full potential of the single market as well as enhancing the free movement of workers and services by making full use of the mutual recognition of professional qualifications and freedom to provide services under the Services Directive can facilitate the recovery process and put the economy back on track after the crisis;
Amendment 11 #
2020/2007(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas different regulatory choices at both the European and national level, imperfect and inadequate transposition of relevant directives, excessive requirements, lack of clear rules and fragmentation create the obstacles to fully benefit from the free movement of workers and services;
Amendment 13 #
2020/2007(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas in March 2020 the Commission has issued the Guidelines concerning the exercise of the free movement of workers during COVID-19 outbreak, which sets out the principles for an integrated approach to effective internal borders management to protect public health while preserving the integrity of the internal market;
Amendment 15 #
2020/2007(INI)
Draft opinion
Recital A e (new)
Recital A e (new)
Ae. whereas the Council has adopted a recommendation on a coordinated approach to the restrictions of free movement in response to the COVID-19 pandemic, which aims at increasing the transparency and predictability of free movement across the EU for both citizens and enterprises;
Amendment 18 #
2020/2007(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that, in the present health crisis, free movement of workers in the field of health services clearly demonstrates the benefits of the PQD; recalls that the aim of PQD is to facilitate the professionals to provide their services across Europe whilst guaranteeing an improved level of protection for consumers and citizens, which is particularly important during the pandemic crisis,
Amendment 21 #
2020/2007(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. underlines the great importance of free movement of workers and services in overcoming the recession and increased unemployment rates caused by the COVID-19 pandemic, reiterates that further removal of the existing barriers within the single market is essential in order to fully benefit from its potential; regrets that the Recovery Plan proposed by the Commission lacks ambition when it comes to the movement of workers and services and fails to fully recognise its importance as a tool for economic recovery;
Amendment 41 #
2020/2007(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that while it is a competence of Member States to regulate a certain profession, they must respect the limits of the principles of non- discrimination and proportionality, as explicitly stipulated in the Proportionality Test Directive; calls on the Commission to provide structured assistance and issue guidance to Member States on how to conduct ex-ante proportionality assessments of new national regulation of services according to the Proportionality Test Directive;
Amendment 45 #
2020/2007(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Member States to reduce bureaucratic obstacles, and, as quickly as possible, make it possible to obtain electronically the documents needed for the cross-border provision of services as well as facilitate the cross- border activities of workers in regulated professions;
Amendment 48 #
2020/2007(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Takes into consideration that the harmonisation inspired by the Professional Qualifications Directive gained success within several professions; further proclaims that Member States should reconsider and coordinate rules governing entry and exercise requirements in relation to specific activities or professions;
Amendment 51 #
2020/2007(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Stresses, that, according to the Single Market Scoreboard 2020, further improvements are needed to ensure the free movement of professionals, especially in the field of recognising professional qualifications;
Amendment 66 #
2020/2007(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages the Commission to fully and effectively enforce existing rules; calls for alternative resolution mechanisms to be assessed and for infringement procedures to be applied swiftly and rigorously whenever breaches of relevant legislation are identified or disproportionate burdens introduced;
Amendment 68 #
2020/2007(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Encourages Member States to work together in order to guarantee the continuity of work of cross-border workers during the pandemic crisis, taking into account their specific situation and in order to preserve the free movement of services and workers in regulated professions within the internal market;
Amendment 71 #
2020/2007(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Reiterates that Member States should follow the Council Recommendation on a coordinated approach to the restriction of free movement in response to the COVID-19 pandemic, adopted on 13th October 2020 in order to avoid any disruption in the internal market and free movement of workers and services;
Amendment 73 #
2020/2007(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to improve tools such as the Points of Single Contact and the Single Digital Gateway where appropriate, to provide guidelines to help Member States streamline procedures, in particular for SMEs; calls and on the Member States to use such tools to provide workers, consumers and businesses with prompt, accurate and easily accessible information regarding their rights and obligations related to free movement within the single market.
Amendment 78 #
2020/2007(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that cross-border health care services fall within the ambit of freedom to provide services as stated by the Court of Justice of the EU; notes that Cross-border Health Care Directive was adopted also on basis of Article 114 TFEU; regrets that Cross-border Health Care Directive creates additional obstacles to provision of cross-border health care services when compared to the case-law of the Court of Justice applying the Treaty provisions on free movement of services; underlines the necessity that these additional obstacles are removed, underlines that a better coordination and promotion of best practices between Member States and cross-border mobility of health professionals are beneficial and particularly important during the COVID- 19 pandemic;
Amendment 174 #
2020/0374(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) A very significant turnover in the Union and the provision of a core platform service in at least three Member States constitute compelling indications that the provider of a core platform service has a significant impact on the internal market. This is equally true where a provider of a core platform service in at least three Member States has a very significant market capitalisation or equivalent fair market value. Therefore, a provider of a core platform service should be presumed to have a significant impact on the internal market where it provides a core platform service, proactively offering its service in at least three Member States and where either its group turnover realised in the EEA is equal to or exceeds a specific, high threshold or the market capitalisation of the group is equal to or exceeds a certain high absolute value. A provider is considered to be actively offering its service in a Member State if the service is, for example, translated in local language of a Member State or if the provider is actively seeking business opportunities in that Member State. A plain availability of a service in a Member State shall not be considered as a proactive offering of a service by the provider. For providers of core platform services that belong to undertakings that are not publicly listed, the equivalent fair market value above a certain high absolute value should be referred to. The Commission should use its power to adopt delegated acts to develop an objective methodology to calculate that value. A high EEA group turnover in conjunction with the threshold of users in the Union of core platform services reflects a relatively strong ability to monetise these users. A high market capitalisation relative to the same threshold number of users in the Union reflects a relatively significant potential to monetise these users in the near future. This monetisation potential in turn reflects in principle the gateway position of the undertakings concerned. Both indicators are in addition reflective of their financial capacity, including their ability to leverage their access to financial markets to reinforce their position. This may for example happen where this superior access is used to acquire other undertakings, which ability has in turn been shown to have potential negative effects on innovation. Market capitalisation can also be reflective of the expected future position and effect on the internal market of the providers concerned, notwithstanding a potentially relatively low current turnover. The market capitalisation value can be based on a level that reflects the average market capitalisation of the largest publicly listed undertakings in the Union over an appropriate period.
Amendment 347 #
2020/0374(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) In the event that gatekeepers engage in behaviour that is unfair or that limits the contestability of the core platform services that are already designated under this Regulation but without these behaviours being explicitly covered by the obligations, the Commission should be able to update this Regulation through delegated actislative proposals. Such updates by way of delegated act should be subject to the same investigatory standard and therefore following a market investigation. The Commission should also apply a predefined standard in identifying such behaviours. This legal standard should ensure that the type of obligations that gatekeepers may at any time face under this Regulation are sufficiently predictable.
Amendment 398 #
2020/0374(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. Member States shall not impose on gatekeepers further new obligations by way of laws, regulations or administrative action for the purpose of ensuring contestable and fair markets. This is without prejudice to rules pursuing other legitimate public interests, in compliance with Union law. In particular, nothing in this Regulation precludes Member States from imposing obligations, which are compatible with Union law, on undertakings, including providers of core platform services where these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this Regulation in order to protect consumers or to fight against acts of unfair competition.
Amendment 560 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point f
Article 3 – paragraph 6 – subparagraph 1 – point f
(f) other structural market characteristics, such as the consistent growth of the platform’s core service market share in a given digital sector over a period of three years.
Amendment 614 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) allow business users to offer the same products or services to end users through third party online intermediation services and through business users’ own direct online sales channels at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;
Amendment 688 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(g a) ensure that business users have the possibility to opt-out of new, modified or updated terms and conditions requested by the core platform service provider if such modifications to the terms and conditions are not the result of an existing or new legal requirement, and remain listed on the core platform service without experiencing a reduced or downgraded level of service.
Amendment 903 #
2020/0374(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
In assessing the request, the Commission shall take into account, in particular, the impact of the compliance with the specific obligation on the economic viability of the operation of the gatekeeper in the Union as well as on third parties, in particular the gatekeeper’s business users. The suspension may be made subject to conditions and obligations to be defined by the Commission in order to ensure a fair balance between these interests and the objectives of this Regulation. Such a request may be made and granted at any time pending the assessment of the Commission pursuant to paragraph 1.
Amendment 918 #
2020/0374(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission is empowered to adopt delegated actislative proposals in accordance with Article 34 to update the obligations laid down in Articles 5 and 6 where, based on a market investigation pursuant to Article 17, it has identified the need for new obligations addressing practices that limit the contestability of core platform services or are unfair in the same way as the practices addressed by the obligations laid down in Articles 5 and 6.
Amendment 1043 #
2020/0374(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) be accompanied by a delegated actproposal to amending Articles 5 or 6 as provided for in Article 10.
Amendment 1051 #
2020/0374(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. When sending a simple request for information to an undertaking or association of undertakings, the Commission shall state the purpose of the request, specify what information is required and fix the time-limit within which the information is to be provided, and the penalties provided for in Article 26 for supplying incomplete, incorrect or misleading information or explanations. Such time-limits provided should respect the size and capabilities of an undertaking or association of undertakings.
Amendment 1053 #
2020/0374(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Where the Commission requires undertakings and associations of undertakings to supply information by decision, it shall state the purpose of the request, specify what information is required and fix the time-limit within which it is to be provided. Where the Commission requires undertakings to provide access to its data-bases and algorithms, it shall state the legal basis and the purpose of the request, and fix the time- limit within which it is to be provided. It shall also indicate the penalties provided for in Article 26 and indicate or impose the periodic penalty payments provided for in Article 27. It shall further indicate the right to have the decision reviewed by the Court of Justice. Such time-limits provided should respect the size and capabilities of an undertaking or association of undertakings.
Amendment 1072 #
2020/0374(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. In exceptional circumstances, if during proceedings under Articles 16 or 25 the gatekeeper concerned offers commitments for the relevant core platform services to ensure compliance with the obligations laid down in Articles 5 and 6, the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) make those commitments binding on that gatekeeper, taking into account potentially already existing damages caused by the gatekeeper to other market participants and declare that there are no further grounds for action.
Amendment 1096 #
2020/0374(COD)
Proposal for a regulation
Article 25 – paragraph 5 a (new)
Article 25 – paragraph 5 a (new)
5a. The Commission shall conclude its investigation by adopting a decision within 24 months from the opening of the investigation pursuant to this Article.
Amendment 1119 #
2020/0374(COD)
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
1. Before adopting a decision pursuant to Article 7, Article 8(1), Article 9(1), Articles 15, 16, 22, 23, 25 and 26 and Article 27(2), the Commission shall give the gatekeeper or undertaking or association of undertakings, as well as relevant business users or associations of relevant business users, concerned the opportunity of being heard on:
Amendment 107 #
2020/0365(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Due to the increased cross-sectoral and cross-border interdependencies between critical infrastructures, an incident in one Member State can seriously affect activities in another Member State. In order to achieve a high level of resilience of critical infrastructures across the Union, essential services or essential infrastructure should be equally strongly protected and resilient in all Member States. National measures alone are therefore insufficient in addressing risks and situations of disruption of essential services or essential infrastructure.
Amendment 108 #
2020/0365(COD)
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) Differences between national rules relating to the designation and oversight of critical infrastructures as well as differences in requirements may cause distortions of competition within the internal market. A European framework should therefore also have the effect of levelling the playing field for critical entities across the Union.
Amendment 109 #
2020/0365(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Since it is not practical to expect full and continuous critical infrastructure protection , the aim of this Directive should be to make critical infrastructures resilient thereby furthering their capacity to ensure continuous provision of essential services or essential infrastructure or at least to swiftly restore performance after an incident has taken place. Operators of critical infrastructures delivering essential services across the internal market in various sectors necessary for vital societal functions and economic activities, should become resilient against a range of natural and man-made, intentional or unintentional, current and anticipated future risks. It is therefore necessary to lay down harmonised minimum rules to ensure the provision of essential services in the internal market and enhance the resilience of critical entities.
Amendment 128 #
2020/0365(COD)
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
4. Without prejudice to Article 346 TFEU, information that is confidential pursuant to Union and national rules, such as rules on business confidentiality, shall be exchanged with the Commission and other relevant authorities only where that exchange is necessary for the application of this Directive. The information exchanged shall be limited to that which is relevant and proportionate to the purpose of that exchange. The exchange of information shall preserve the confidentiality of that information and protect the security and commercial interests of criticalthe entities concerned.
Amendment 146 #
2020/0365(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The European Commission may issue recommendations to Member States to identify specific essential services, infrastructures and the entities providing them and include them in their list of critical entities.
Amendment 163 #
2020/0365(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
The risk assessment shall account for all relevant risks referred to in Article 4(1) which could lead to the disruption of the provision of essential services. It shall take into account any dependency of other sectors referred to in the Annex on the essential service provided by the critical entity, including in neighbouringother Member States, on European level, and in third countries where relevant, and the impact that a disruption of the provision of essential services in one or more of those sectors may have on the essential service provided by the critical entity.
Amendment 176 #
2020/0365(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. The information provided has to be treated swiftly by the competent authorities in a way that respects its confidentiality and protects the security and commercial interest of the critical entity concerned.
Amendment 182 #
2020/0365(COD)
Proposal for a directive
Article 13 – paragraph 3 – subparagraph 2
Article 13 – paragraph 3 – subparagraph 2
In so doing, the competent authorities and single points of contact shall, in accordance with Union law or national legislation that complies with Union law, treat the information in a way that respects its confidentiality and protects the security and commercial interest of the critical entity concerned.
Amendment 186 #
2020/0361(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Moreover, complex national regulatory requirements, fragmented implementation and insufficient enforcement of legislation such as Directive 2000/31/EC have contributed to high administrative costs and legal uncertainty for intermediary services operating on the internal market, especially micro, small and medium sized companies.
Amendment 208 #
2020/0361(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of users in one or more Member States, or the targedirecting of activities towards one or more Member States. The targeting of activities towards one or more Member States can be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targedirecting of activities towards a Member State could also be derived from the availability of an application in the relevant national application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1)(c) of Regulation (EU) 1215/2012 of the European Parliament and of the Council27 . On the other hand, mere technical accessibility of a website from the Union cannot, on that ground alone, be considered as establishing a substantial connection to the Union. __________________ 27 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L351, 20.12.2012, p.1).
Amendment 213 #
2020/0361(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation should complement, yet not affect the application of rules resulting from other acts of Union law regulating certain aspects of the provisionfully harmonises the rules applicable to intermediary services in the internal market with the objective to ensure a safe and trusted online environment, effective protection of fundamental rights and a favourable business climate. Accordingly, Member States should not adopt or maintain additional national requirements on those matters falling within the scope of this Regulation. This does not preclude the possibility to apply other national legislation applicable to providers of intermediary services, in particular Directive 2000/31/ECaccordance with Union law, including Directive 2000/31/EC, in particular its Article 3, with the exception of those changes introduced by this Regulation, Directive 2010/13/EU of the European Parliament and of the Council as amended,28 and Regulation (EU) …/.. of the European Parliament and of the Council29 – proposed Terrorist Content Online Regulation. Therefore, this Regulation leaves those other acts, which are to be considered lex specialis in relation to the generally applicable framework set out in this Regulation, unaffected. However, the rules of this Regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave Member States the possibility of adopting certain measures at national level. . __________________ 28 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (Text with EEA relevance), OJ L 95, 15.4.2010, p. 1 . 29Regulation (EU) …/.. of the European Parliament and of the Council – proposed Terrorist Content Online Regulation
Amendment 224 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept, including fake online profile accounts. Illegal content is often spread online precisely via fake online profile accounts. Namely, false representation in the ‘online world’ should not be legal as it is also not legal to falsely present oneself in the ‘offline world’. This approach is an evident manifestation of the principle that what is illegal offline should not be allowed to remain legal online. Moreover, the concept of “illegal content” should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 226 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that conceptFor the purpose of this Regulation the concept of “illegal content” should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relateit is not in compliance with Union law as it refers to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 249 #
2020/0361(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The concept of ‘dissemination to the public’, as used in this Regulation, should entail the making available of information to a potentially unlimited number of persons, that is, making the information easily accessible to users in general without further action by the recipient of the service providing the information being required, irrespective of whether those persons actually access the information in question. The mere possibility to create groups of users of a given service should not, in itself, be understood to mean that the information disseminated in that manner is not disseminated to the public. However, the concept should exclude dissemination of information within closed groups consisting of a finite number of pre- determined persons. Interpersonal communication services, as defined in Directive (EU) 2018/1972 of the European Parliament and of the Council,39 such as emails or private messaging services, fall outside the scope of this Regulation. Information should be considered disseminated to the public within the meaning of this Regulation only where that occurs upon the direct request by the recipient of the service that provided the information. Services, such as internet infrastructure services or cloud service providers, which are provided at the request of parties other than the content providers and only indirectly benefitting the latter, should not be covered by the definition of online platforms. __________________ 39Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast), OJ L 321, 17.12.2018, p. 36
Amendment 257 #
2020/0361(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The relevant rules of Chapter II should only establish when the provider of intermediary services concerned cannot be held liable in relation to illegal content provided by the recipients of the service. Those rules should notby no means be understood to provide a positive basis for establishing when a provider can be held liable, which is for the applicable rules of Union or national law to determine. Furthermore, the exemptions from liability established in this Regulation should apply in respect of any type of liability as regards any type of illegal content, irrespective of the precise subject matter or nature of those laws.
Amendment 278 #
2020/0361(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expedwitihouslt undue delay to remove or to disable access to that content. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness through, in particular, its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content.
Amendment 281 #
2020/0361(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The exemption of liability should not apply where the recipient of the service is acting under the authority or the control of the provider of a hosting service. In particular, where the provider of the online platform that allows consumers to conclude distance contracts with traders does not allow traders to determine the basic elements of the trader-consumer contract, such as the terms and conditions governing such relationship or the price, it should be considered that the trader acts under the authority or control of that platform.
Amendment 282 #
2020/0361(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online platforms that allow consumers to conclude distance contracts with traders as a functionality of their service, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online platforms present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. This is the case where the online platform operator fails to clearly display the identity of the trader following this Regulation. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well-informed consumer. In particular, it is relevant whether the online platform operator withholds such identity or contract details until after the conclusion of the trader- consumer contract, or is marketing the product or service in its own name rather than using the name of the trader who will supply it.
Amendment 291 #
2020/0361(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Consumers should be able to safely purchase products and services online, irrespective of whether a product or service has been produced in the Union. For that reason, traders from third countries should establish a legal representative in the Union to whom claims regarding product safety could be addressed. Providers of intermediary services from inside the Union as well as from third countries should ensure compliance with product requirements set out in Union law.
Amendment 310 #
2020/0361(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Since 2000, new technologies have emerged that improve the availability, efficiency, speed, reliability, capacity and security of systems for the transmission and storage of data online, leading to an increasingly complex online ecosystem. In this regard, it should be recalled that providers of services establishing and facilitating the underlying logical architecture and proper functioning of the internet, including technical auxiliary functions, can also benefit from the exemptions from liability set out in this Regulation, to the extent that their services qualify as ‘mere conduits’, ‘caching’ or hosting services. Such services include, as the case may be, wireless local area networks, domain name system (DNS) services, top–level domain name registries, certificate authorities that issue digital certificates, cloud infrastructure services or content delivery networks, that enable or improve the functions of other providers of intermediary services. Likewise, services used for communications purposes, and the technical means of their delivery, have also evolved considerably, giving rise to online services such as Voice over IP, messaging services and web-based e-mail services, where the communication is delivered via an internet access service. Those services, too, can benefit from the exemptions from liability, to the extent that they qualify as ‘mere conduit’, ‘caching’ or hosting service.
Amendment 331 #
2020/0361(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The territorial scope of such orders to act against illegal content should be clearly set out on the basis of the applicable Union or national law enabling the issuance of the order and should not exceed what is strictly necessary to achieve its objectives. In that regard, the national judicial or administrative authority issuing the order should balance the objective that the order seeks to achieve, in accordance with the legal basis enabling its issuance, with the rights and legitimate interests of all third parties that may be affected by the order, in particular their fundamental rights under the Charter. In addition, where the order referring to the specific information may have effects beyond the territory of the Member State of the authority concerned, the authority should assess whether the information at issue is likely to constitute illegal content in other Member States concerned and, where relevant, take account of the relevant rules of Union law or international law and the interests of international comity. Since intermediaries should not be required to remove information which is legal in their country of establishment, national and Union authorities should be able to order the blocking of content legally published outside the Union only for the territory of the Union where Union law is infringed and for the territory of the issuing Member State where national law is infringed.
Amendment 346 #
2020/0361(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In order to achieve the objectives of this Regulation, and in particular to improve the functioning of the internal market and ensure a safe and transparent online environment, it is necessary to establish a clear and balanced set of harmonised due diligence obligations for providers of intermediary services. Those obligations should target illegal content and aim in particular to guarantee different public policy objectives such as consumer protection, the safety and trust of the recipients of the service, including minors and vulnerable users, protect the relevant fundamental rights enshrined in the Charter, to ensure meaningful accountability of those providers and to empower recipients and other affected parties, whilst facilitating the necessary oversight by competent authorities.
Amendment 353 #
2020/0361(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) In that regard, it is important that the due diligence obligations are adapted to the type and nature and size of the intermediary service concerned. This Regulation therefore sets out basic obligations applicable to all providers of intermediary services, as well as additional obligations for providers of hosting services and, more specifically, online platforms and very large online platforms. To the extent that providers of intermediary services may fall within those different categories in view of the nature of their services and their size, they should comply with all of the corresponding obligations of this Regulation. Those harmonised due diligence obligations, which should be reasonable and non- arbitrary, are needed to achieve the identified public policy concerns, such as safeguarding the legitimate interests of the recipients of the service, addressing illegal practices and protecting fundamental rights online.
Amendment 358 #
2020/0361(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) Providers of intermediary services should also establish a single point of contact for recipients of services, allowing rapid, direct and efficient communication.
Amendment 362 #
2020/0361(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Whilst the freedom of contract of providers of intermediary services should in principle be respected, it is appropriate to set certain rules on the content, application and enforcement of the terms and conditions of those providers in the interests of transparency, the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes. Obligations related to terms and conditions should not oblige a provider of an intermediary service to disclose information that will lead to significant vulnerabilities for the security of its service or the protection of confidential information, in particular trade secrets or intellectual property rights.
Amendment 372 #
2020/0361(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) To ensure an adequate level of transparency and accountability, providers of intermediary services should annually report, in accordance with the harmonised requirements contained in this Regulation, on the content moderation they engage in, including the measures taken as a result of the application and enforcement of their terms and conditions. However, so as to avoid disproportionate burdens, those transparency reporting obligations should not apply to providers that are micro- or, small or medium sized enterprises as defined in Commission Recommendation 2003/361/EC.40 __________________ 40 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 376 #
2020/0361(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place easily accessible, comprehensive and user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action')following the applicable law ('action'). Such mechanisms should be clearly visible on the interface of the hosting service and easy to use. Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation. Providers of hosting services could, as a voluntary measure, conduct own-investigation measures to prevent content which has previously been identified as illegal from being disseminated again once removed. The obligations related to notice and action should by no means impose general monitoring obligations.
Amendment 385 #
2020/0361(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The rules on such notice and action mechanisms should be harmonised at Union level, so as to provide for the timely, diligent and objective processing of notices on the basis of rules that are uniform, transparent and clear and that provide for robust safeguards to protect the right and legitimate interests of all affected parties, in particular their fundamental rights guaranteed by the Charter, irrespective of the Member State in which those parties are established or reside and of the field of law at issue. The fundamental rights include, as the case may be, the right to freedom of expression and information, the right to respect for private and family life, the right to protection of personal data, the right to non-discrimination and the right to an effective remedy of the recipients of the service; the freedom to conduct a business, including the freedom of contract, of service providers; as well as the right to human dignity, the rights of the child, the right to protection of property, including intellectual property, and the right to non- discrimination of parties affected by illegal content. Providers of hosting services should act upon notices without undue delay, taking into account the type of illegal content that is being notified and the urgency of taking action. The provider of hosting services should inform the individual or entity notifying the specific content of its decision without undue delay after taking a decision whether to act upon the notice or not.
Amendment 396 #
2020/0361(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) A hosting service provider may in some instances become aware, for instance through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the hosting service provider is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a threat to the life or safety of person, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council. In such instances, the hosting service provider should inform without delay the competent law enforcement authorities of such suspicion, providing all relevant information available to it, including where relevant the content in question and an explanation of its suspicion. This Regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by hosting service providers. Hosting service providers should also respect other applicable rules of Union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities.
Amendment 401 #
2020/0361(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) To avoid disproportionate burdens, the additional obligations imposed on online platforms under this Regulation should not apply to micro or, small or medium sized enterprises as defined in Recommendation 2003/361/EC of the Commission,41 unless their reach and impact is such that they meet the criteria to qualify as very large online platforms under this Regulation. The consolidation rules laid down in that Recommendation help ensure that any circumvention of those additional obligations is prevented. The exemption of micro- and small enterprises from those additional obligations should not be understood as affecting their ability to set up, on a voluntary basis, a system that complies with one or more of those obligations. __________________ 41 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 403 #
2020/0361(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) To similarly avoid unnecessary regulatory burdens, certain obligations should not apply to hosting service providers often referred to as closed online platforms where, within the framework of an organised distribution network operating under a common brand, the provider of the intermediary service has a direct organisational, associative, cooperative or capital ownership link with the recipient of the service or where the intermediary service solely aims to intermediate content between the members of the organised distribution framework and their suppliers.
Amendment 405 #
2020/0361(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Recipients of the service should be able to easily and effectively contest certain decisions of online platforms that negatively affect them. Therefore, online platforms should be required to provide for internal complaint-handling systems, which meet certain conditions aimed at ensuring that the systems are easily accessible and lead to swift, non- discriminatory and fair outcomes. In addition, provision should be made for the possibility of out-of-court dispute settlement of disputes, including those that could not be resolved in satisfactory manner through the internal complaint- handling systems, by certified bodies that have the requisite independence, means and expertise to carry out their activities in a fair, swift and cost- effectivimple, affordable, expedient and accessible manner. The possibilities to contest decisions of online platforms thus created should complement, yet leave unaffected in all respects, the possibility to seek judicial redress in accordance with the laws of the Member State concerned.
Amendment 416 #
2020/0361(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority,out delay and in accordance with the rules of the profession but without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent and objective manner. Such trusted flagger status should only be awarded to entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they represent collective interests and that they work in a diligent and objective manner. Such entities can be public in nature, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmental organisations and semi- public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. For intellectual property rights, organisations of industry and of right- holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 __________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53
Amendment 417 #
2020/0361(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, depending on the severity of the illegal activity, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent and objective manner. Such trusted flagger status should only be awarded to entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they represent collective interests and that they work in a diligent and objective manner. Such entities can be public in nature, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmental organisations and private or semi- public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressionscontent online. For intellectual property rights, organisations of industry and of individual right- holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 __________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53
Amendment 418 #
2020/0361(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and proportionate safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes, with due regard to the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service as enshrined in the Charter. Providers of hosting services could, as a voluntary measure, introduce own-investigation measures to prevent accounts which have previously been identified as illegal from reappearing once removed. The obligations related to notice and action should by no means impose general monitoring obligations. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.
Amendment 425 #
2020/0361(COD)
Proposal for a regulation
Recital 48
Recital 48
Amendment 445 #
2020/0361(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platforms covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 ,and the Union Rapid Alert System for dangerous non-food products (Rapex) or by requesting the traders concerned to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the online platforms covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. Nor should such online platforms, which have made the reasonable efforts required by this Regulation, be understood as guaranteeing the reliability of the information towards consumer or other interested parties. Such online platforms should also design and organise their online interface in a way that enables traders to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . __________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
Amendment 455 #
2020/0361(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However,Online advertising is a significant source of financing for many digital business models and an effective tool to reach new customers, not least for small- and medium sized companies. However, there are some instances when online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. To ensure consumer protection online advertisement should be subject to proportionate and meaningful transparency obligations. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision-making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.
Amendment 469 #
2020/0361(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) Very large online platforms may cause societal risks, different in scope and impact from those caused by smaller platforms. Once the number of recipients of a platform reaches a significant share of the Union population, the systemic risks the platform poses could have a disproportionately negative impact in the Union. Such significant reach should be considered to exist where the number of recipients exceeds an operational threshold set at 45 million, that is, a number equivalent to 10% of the Union population. The operational threshold should be kept up to date through amendments enacted by delegated acts, where necessary. Such very large online platforms should therefore bear the highest standard of due diligence obligations, proportionate to their societal impact and meansAccordingly, the number of average monthly recipients of the service should reflect the recipients actually reached by the service either by being exposed to content or by providing content disseminated on the platforms’ interface in that period of time. The operational threshold should be kept up to date through amendments enacted by delegated acts, where necessary. The threshold should be designed to target the largest platforms with a reach in the Union that could lead to a systemic impact. Such very large online platforms should therefore bear the highest standard of due diligence obligations, proportionate to their societal impact and means, placing such due diligence obligations on smaller companies, especially micro, small and medium sized companies would be disproportionate.
Amendment 474 #
2020/0361(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) Very large online platforms are used in a way that strongly influences safety online, the shaping of public opinion and discourse, as well as on online trade. The way they design of their services is generally optimised to benefit their often advertising- driven business models and can cause societal concerns. In the absence of effective regulation and enforcement, they can set the rules of the game, withoutsometimes amplify the dissemination of illegal content. Effective regulation and enforcement is needed to effectively identifying and mitigatinge the risks and the societal and economic harm they can cauat may arise. Under this Regulation, very large online platforms should therefore assess the systemic risks stemming from the functioning and use of their service, as well as by potential misuses by the recipients of the service, and take appropriate mitigating measures.
Amendment 490 #
2020/0361(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) The audit report should be substantiated, so as to give a meaningful account of the activities undertaken and the conclusions reached. It should help inform, and where appropriate suggest improvements to the measures taken by the very large online platform to comply with their obligations under this Regulation, without prejudice to its freedom to conduct a business and, in particular, its ability to design and implement effective measures that are aligned with its specific business model. The report should be transmitted to the Digital Services Coordinator of establishment and the Board without delayin 30 days following its adoption, together with the risk assessment and the mitigation measures, as well as the platform’s plans for addressing the audit’s recommendations. The report should include an audit opinion based on the conclusions drawn from the audit evidence obtained. A positive opinion should be given where all evidence shows that the very large online platform complies with the obligations laid down by this Regulation or, where applicable, any commitments it has undertaken pursuant to a code of conduct or crisis protocol, in particular by identifying, evaluating and mitigating the systemic risks posed by its system and services. A positive opinion should be accompanied by comments where the auditor wishes to include remarks that do not have a substantial effect on the outcome of the audit. A negative opinion should be given where the auditor considers that the very large online platform does not comply with this Regulation or the commitments undertaken.
Amendment 496 #
2020/0361(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) A core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. This is done, for example, by algorithmically suggesting, ranking and prioritising information, distinguishing through text or other visual representations, or otherwise curating information provided by recipients. Such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. Often, they facilitate the search for relevant content for recipients of the service and contribute to an improved user experience. They also play an important role in the amplification of certain messages, the viral dissemination of information and the stimulation of online behaviour. Consequently, very large online platforms should ensure that recipients are appropriately informed, and can influence the information presented to them through making active choices. They should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them and why. They should also ensure that the recipients enjoy alternative options for the main parameters, including options that are not based on profiling of the recipient.
Amendment 500 #
2020/0361(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) Advertising systems used by very large online platforms could pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. Very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online, for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health, public security, civil discourse, political participation and equality. Repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement, in particular where targeted advertising is concerned.
Amendment 506 #
2020/0361(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) In order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this Regulation, the Digital Services Coordinator of establishment or the Commission may require access to or reporting of specific data. Such a requirement may include, for example, the data necessary to assess the risks and possible harms brought about by the platform’s systems, data on the accuracy, functioning and testing of algorithmic systems for content moderation, recommender systems or advertising systems, or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this Regulation. Investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation, informing online platforms, Digital Services Coordinators, other competent authorities, the Commission and the public. This Regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers, where relevant to a research project. All requiremenests for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests, including trade secrets and other confidential information, of the platform and any other parties concerned, including the recipients of the service.
Amendment 520 #
2020/0361(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) It is appropriate that this Regulation identify certain areas of consideration for such codes of conduct. In particular, risk mitigation measures concerning specific types of illegal content should be explored via self- and co-regulatory agreements. Another area for consideration is the possible negative impacts of systemic risks on society and democracy, such as disinformation or manipulative and abusive activities. This includes coordinated operations aimed at amplifying information, including disinformation, such as the use of bots or fake accounts for the creation of fakintentionally inaccurate or misleading information, sometimes with a purpose of obtaining economic gain, which are particularly harmful for vulnerablecertain groups of recipients of the service, such as children. In relation to such areas, adherence to and compliance with a given code of conduct by a very large online platform may be considered as an appropriate risk mitigating measure. The refusal without proper explanations by an online platform of the Commission’s invitation to participate in the application of such a code of conduct could be taken into account, where relevant, when determining whether the online platform has infringed the obligations laid down by this Regulation.
Amendment 605 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) set out uniform rules for a safe, predictable and trusted online environment, where fundamental rights with special focus on most vulnerable as children and disabled persons enshrined in the Charter are effectively protected.
Amendment 613 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) set out uniformharmonised rules for a safe, predictable and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected.
Amendment 614 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b – point i (new)
Article 1 – paragraph 2 – point b – point i (new)
i) facilitate innovations, support digital transition, encourage economic growth and create a level playing field for digital services within the internal market while strengthening consumer protection and contributing to increased consumer choice.
Amendment 659 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 1
Article 2 – paragraph 1 – point d – indent 1
Amendment 665 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 2
Article 2 – paragraph 1 – point d – indent 2
— the targedirecting of activities towards one or more Member States.
Amendment 669 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘trader’ means any natural person, or any legal person irrespective of whether privately or publicly owned, who is acting, including through any person acting in his or her name or on his or her behalf, for purposes relating to his or her trade, business, craft or profession;
Amendment 681 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘illegal content’ means any information,, which, in itself or by its reference to an activity, including the sale of products or provision of services but in particular fake online profile account, is not in compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law;
Amendment 686 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘illegal content’ means any information,, which, in itself or by its reference to an activity, including the sale of products or provision of services which is not in compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law;
Amendment 697 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 700 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) ‘editorial platform’ means an intermediary service which is in connection with a press publication within the meaning of Article 2(4) of Directive (EU) 2019/790 or another editorial media service and which allows users to discuss topics generally covered by the relevant media or to comment editorial content and which is under the supervision of the editorial team of the publication or other editorial media.
Amendment 720 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘advertisement’ means information designed and disseminated to promote the message of a legal or natural person, irrespective of whether to achieve commercial or non-commercial purposes, and displayed by an online platform on its online interface against remuneration specifically in exchange for promoting that information;
Amendment 728 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) ‘content moderation’ means the activities undertaken by providers of intermediary services aimed at detecting, identifying and addressing illegal content or information incompatible with their terms and conditions, provided by recipients of the service, including measures taken that affect the availability, visibility and accessibility of that illegal content or that information, such as demotion, demonetisation, disabling of access to, or removal thereof, or the recipients’ ability to provide that information, such as the termination or suspension of a recipient’s account;
Amendment 761 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) upon obtaining such knowledge or awareness, acts expedwitihouslt undue delay to remove or to disable access to the illegal content.
Amendment 787 #
2020/0361(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry outtake the necessary voluntary own-initiative investigations or other activiti measures aimed at detecting, identifying and removing, or disabling of access to, illegal content, or take the necessary measures to comply with the requirements of Union law, including those set out in this Regulation, without prejudice to freedom of expression.
Amendment 790 #
2020/0361(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Providers of intermediary services shall ensure that such measures are accompanied with appropriate safeguards, such as oversight, documentation and traceability or additional measures to ensure that own- initiative investigations are accurate, legally justified and do not lead to over- removal of content.
Amendment 795 #
2020/0361(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
No general obligation to monitor the information which providers of intermediary services transmit or store, nor actively to seek facts or circumstances indicating illegal activity shall be imposed on those providers, unless the information society service plays an active role in approving, modifying or editing the information issued by the recipient of the service.
Amendment 830 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b a (new)
Article 8 – paragraph 2 – point b a (new)
(ba) the territorial scope of an order addressed to a provider that has its main establishment or, if the provider is not established in the Union, its legal representation in another Member State is limited to the territory of the Member State issuing the order;
Amendment 833 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b b (new)
Article 8 – paragraph 2 – point b b (new)
(bb) if addressed to a provider that has its main establishment outside the Union, the territorial scope of the order, where Union law is infringed, is limited to the territory of the Union or, where national law is infringed, to the territory of the Member State issuing the order;
Amendment 838 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) the order is drafted in English or the language declared by the provider and is sent to the point of contact, appointed by the provider, in accordance with Article 10.
Amendment 857 #
2020/0361(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8a Injunction orders Member States shall ensure that recipients of a service are entitled under their national law to seek an injunction order as an interim measure for removing manifestly illegal content.
Amendment 897 #
2020/0361(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Points of contact for authorities, the Commission and the Board
Amendment 903 #
2020/0361(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Providers of intermediary services shall make publiccommunicate to their Digital Service Coordinator of establishment, the Commission and the Board the information necessary to easily identify and communicate with their single points of contact.
Amendment 908 #
2020/0361(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Point of contact for recipients of a service 1. Providers of intermediary services shall establish a single point of contact allowing for direct communication, by electronic means, with the recipients of their services. The means of communication shall be user-friendly and easily accessible. 2. Providers of intermediary services shall make public the information necessary to easily identify and communicate with their single points of contact for recipients.
Amendment 918 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Providers of intermediary services that would qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC if established in the Union, and who have been unsuccessful in designating a legal representative after reasonable efforts, shall be able to request that the Digital Service Coordinator of the Member State where the enterprise intends to establish a legal representative facilitates further cooperation and recommends possible solutions, including the possibility for collective representation.
Amendment 925 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including information about algorithmic decision-making and human review. ItProviders of intermediary services shall also include information on the right to terminate the use of the service. The possibility to terminate must be easily accessible for the user. Information on remedies and redress mechanisms shall also be included in the terms and conditions. The terms and conditions shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format.
Amendment 950 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Obligations pursuant to paragraph 1 and 2 should not oblige a provider of an intermediary service to disclose information that will lead to significant vulnerabilities for the security of its service or the protection of confidential information, in particular trade secrets or intellectual property rights.
Amendment 971 #
2020/0361(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a Exclusions Articles 12 and 13 of Section 1, and the provisions of Section 2, and Section 3 of Chapter III shall not apply to: (a) editorial platforms within the meaning of Article 2(h) of this Regulation; (b) online platforms that qualify as micro and medium-sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
Amendment 975 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Providers of intermediary services shall publish, at least once a year, clear, easily comprehensible and detailed reports on any content moderation they engaged in during the relevant period. Those reports shall include, in particular,including information on the following, as applicable:
Amendment 989 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) meaningful and comprehensible information about the content moderation engaged in at the providers’ own initiative, including the number and type of measures taken that affect the availability, visibility and accessibility of information provided by the recipients of the service and the recipients’ ability to provide information, categorised by the type of reason and basis for taking those measures;
Amendment 994 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d a (new)
Article 13 – paragraph 1 – point d a (new)
(da) All providers of intermediary services that are likely to be accessed by children must include provisions and resources in place to safeguard children’s rights and wellbeing as described in the UN Convention on the Rights of the Child and the Convention’s General Comment 25. The impact of services on children must be assessed regularly and children’s rights and wellbeing embedded in the design of services’ updates and innovation.
Amendment 1002 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC, small or medium sized enterprises (SMEs) within the meaning of the Annex to Recommendation 2003/361/EC. In addition, paragraph 1 shall not apply to enterprises that previously qualified for the status of a medium-sized, small or micro-enterprise within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.
Amendment 1009 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Paragraph 1 shall not apply where, within the framework of an organised distribution network operating under a common brand, the provider of the intermediary service has a direct organisational, associative, cooperative or capital ownership link with the recipient of the service or where the intermediary service solely aims to intermediate content between the members of the organised distribution framework and their suppliers.
Amendment 1060 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Notices that include the elements referred to in paragraph 2 on the basis of which a diligent provider of hosting services is able to assess the illegality of the content in question, shall be considered to give rise to actual knowledge or awareness for the purposes of Article 5 in respect of the specific item of information concerned.
Amendment 1064 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Where the notice contains the name and an electronic mail address of the individual or entity that submitted it, the provider of hosting services shall promptly, without undue delay, send a confirmation of receipt of the notice to that individual or entity.
Amendment 1081 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6a. Providers of hosting services could, as a voluntary measure in line with provisions Article 6, conduct own- investigation measures to prevent illegal content which has previously been identified as illegal from being disseminated again once removed. The obligations related to paragraph 1 to 6 shall by no means impose general monitoring obligations on hosting services.
Amendment 1087 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6 b (new)
Article 14 – paragraph 6 b (new)
6b. Paragraphs 2, 4 and 5 shall not apply to providers of intermediary services that qualify as micro, small or medium- sized enterprises (SMEs) within the meaning of the Annex to Recommendations 2003/361/EU, or to those enterprises within twelve months of them losing such status pursuant to Article 4(2) thereof.
Amendment 1089 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6 c (new)
Article 14 – paragraph 6 c (new)
6c. Paragraph 2 and 4-5 shall not apply where, within the framework of an organised distribution network operating under a common brand, the provider of the intermediary service has a direct organisational, associative, cooperative or capital ownership link with the recipient of the service or where the intermediary service solely aims to intermediate content between the members of the organised distribution framework and their suppliers.
Amendment 1096 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or disable access to or radically restrict the visibility of specific items of information provided by the recipients of the service, or to suspend or terminate monetary payments related to those items, irrespective of the means used for detecting, identifying or removing or disabling access to or for restricting the visibility or monetisation of that information and of the reason for its decision, it shall inform the recipient, at the latest at the time ofwithout undue delay and at the latest within 24 hours after the removal or disabling of access, of the decision and provide a clear and specific statement of reasons for that decision.
Amendment 1102 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) whether the decision entails either the removal of, or the disabling of access to, the or radical restriction of the visibility of, the information or the suspension or termination of monetary payments related to that information and, where relevant, the territorial scope of the disabling of access;
Amendment 1120 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Providers of hosting services shall publishupon request share the decisions and the statements of reasons, referred to in paragraph 1 in a publicly accessible database managed by the Commissionwith the Digital Service Coordinator of establishment. That information shall not contain personal data.
Amendment 1122 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. Paragraph 2 to 4 shall not apply to providers of intermediary services that qualify as micro, small or medium-sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC, or during the first twelve months from when an enterprise lost such status as pursuant to Article 4(2) thereof.
Amendment 1124 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 4 b (new)
Article 15 – paragraph 4 b (new)
4b. Paragraph 2 to 4 shall not apply where, within the framework of an organised distribution network operating under a common brand, the provider of the intermediary service has a direct organisational, associative, cooperative or capital ownership link with the recipient of the service or where the intermediary service solely aims to intermediate content between the members of the organised distribution framework and their suppliers.
Amendment 1129 #
2020/0361(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Amendment 1137 #
2020/0361(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
This Section shall not apply to online platforms that qualify as micro or, small or medium sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC. , nor during the first twelve months to such enterprises following the loss of such status pursuant to Article 4(2) thereof. This section shall not apply where, within the framework of an organised distribution network operating under a common brand, the provider of the intermediary service has a direct organisational, associative, cooperative or capital ownership link with the recipient of the service or where the intermediary service solely aims to intermediate content between the members of the organised distribution framework and their suppliers.
Amendment 1157 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) decisions to remove or not to remove or disable access to the information;
Amendment 1158 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) decisions to suspend or terminate or not to suspend or terminate the provision of the service, in whole or in part, to the recipients;
Amendment 1161 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) decisions to suspend or terminate or not to suspend or terminate the recipients’ account.
Amendment 1166 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
Article 17 – paragraph 1 – point c a (new)
(ca) decisions to radically restrict the visibility of content provided by the recipients,
Amendment 1171 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c b (new)
Article 17 – paragraph 1 – point c b (new)
(cb) decisions to restrict the ability to monetise content provided by the recipients,
Amendment 1182 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Online platforms shall handle complaints submitted through their internal complaint-handling system in a timely, and diligent mandner, objective mannerly and in accordance with the rules of the profession. Where a complaint contains sufficient grounds for the online platform to consider that the information to which the complaint relates is not illegal and is not incompatible with its terms and conditions, or contains information indicating that the complainant’s conduct does not warrant the suspension or termination of the service or the account, it shall reverse its decision referred to in paragraph 1 without undue delay.
Amendment 1189 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. Online platforms shall ensure that the decisions, referred to in paragraph 4 are taken by lawyers with at least five years of professional experience.
Amendment 1194 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The decisions referred to in paragraph 4 may exceptionally be taken by automated means in which case, the Online platforms shall ensure that thesuch decisions, referred to in paragraph 4, are not solely taken on the basis of automated means are supervised by lawyers with at least five years of professional experience.
Amendment 1203 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Recipients of the service addressed by the decisions referred to in Article 17(1) and individuals or entities that have submitted notices, shall be entitled to select any out- of-court dispute that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.
Amendment 1213 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point a
Article 18 – paragraph 2 – subparagraph 1 – point a
(a) it is impartial and independentndependent, including financially independent, and impartial of online platforms and recipients of the service provided by the online platforms and of individuals or entities that have submitted notices;
Amendment 1221 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point c
Article 18 – paragraph 2 – subparagraph 1 – point c
(c) the dispute settlement is easily accessible through electronic communication technology and provides for the possibility to submit a complaint and the requisite supporting documents online;
Amendment 1222 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point c
Article 18 – paragraph 2 – subparagraph 1 – point c
(c) the dispute settlement is easily accessible, including for persons with disabilities, through electronic communication technology;
Amendment 1232 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point d
Article 18 – paragraph 2 – subparagraph 1 – point d
(d) it is capable of settling dispute in a swift, efficient, accessible for persons with disabilities and cost-effective manner and in at least one official language of the Union;
Amendment 1236 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point e
Article 18 – paragraph 2 – subparagraph 1 – point e
(e) the dispute settlement takes place in accordance with clear and fair rules of procedure that are clearly visible and easily accessible to all parties concerned and in full compliance with all applicable law.
Amendment 1242 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The Digital Services Coordinator shall reassess on a yearly basis whether the certified out-of-court dispute settlement body continues to fulfil the listed criteria. If this is not the case, the Digital Services Coordinator shall revoke the status from the out-of-court dispute settlement body.
Amendment 1251 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Digital Services Coordinators shall notify to the Commission the out-of-court dispute settlement bodies that they have certified in accordance with paragraph 2, including where applicable the specifications referred to in the second subparagraph of that paragraph as well as out-of-court dispute settlement bodies whose status has been revoked. The Commission shall publish a list of those bodies, including those specifications, on a dedicated website, and keep it updated.
Amendment 1262 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by certified trusted flaggers, within their designated area of expertise, through the mechanisms referred to in Article 14, are processed and decided upon with priority and without delay, depending on the severity of the illegal activity.
Amendment 1264 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers through the mechanisms referred to in Article 14, are processed and decided upon with priority and without delay.
Amendment 1265 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. The notices submitted by trusted flaggers do not in any way affect other notices. All notices submitted under those mechanisms referred to in Article 14 are processed and decided upon without delay and in accordance with the rules of the profession.
Amendment 1278 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point b
Article 19 – paragraph 2 – point b
(b) it represents collective interests and is independent from any online platform;
Amendment 1296 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Digital Services Coordinators shall communicate to the Commission and the Board the names, addresses and electronic mail addresses of the entities to which they have awarded the status of the trusted flagger in accordance with paragraph 2 or have been revoked in accordance with paragraph 6.
Amendment 1308 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Digital Services Coordinator that awarded the status of trusted flagger to an entity shall revoke that status if it determines, following an investigation either on its own initiative or on the basis information received by third parties, carried out without undue delay, including the information provided by an online platform pursuant to paragraph 5, that the entity no longer meets the conditions set out in paragraph 2. Before revoking that status, the Digital Services Coordinator shall afford the entity an opportunity to react to the findings of its investigation and its intention to revoke the entity’s status as trusted flagger
Amendment 1316 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 7 a (new)
Article 19 – paragraph 7 a (new)
7a. Notices submitted by local, regional and national authorities shall be processed and decided upon with an equivalent degree of priority and delay as the notices provided by entities, which have been awarded a trusted flagger status.
Amendment 1334 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point a
Article 20 – paragraph 3 – point a
(a) the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints, submitted in the past yeara given time frame;
Amendment 1336 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point b
Article 20 – paragraph 3 – point b
(b) the relative proportion thereof in relation to the total number of items of information provided or notices submitted in the past yeara given time frame;
Amendment 1339 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point d
Article 20 – paragraph 3 – point d
(d) where identifiable, the intention of the recipient, individual, entity or complainant.
Amendment 1349 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
4a. Providers of hosting services could, as a voluntary measure in line with provisions Article 6, conduct own- investigation measures to prevent suspended accounts from reappearing before the suspension is lifted. The obligations related to paragraph 1 to 4 shall by no means impose general monitoring obligations on hosting services.
Amendment 1352 #
2020/0361(COD)
Proposal for a regulation
Article 21
Article 21
Amendment 1353 #
2020/0361(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Amendment 1358 #
2020/0361(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 1361 #
2020/0361(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 2
Article 21 – paragraph 2 – subparagraph 2
Amendment 1381 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
Amendment 1391 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point f
Article 22 – paragraph 1 – point f
(f) a self-certification by the trader committing to only offer products or services that comply with the applicable rules of Union law and where applicable confirming that all products have been checked against the Union Rapid Alert System for dangerous non-food products (Rapex).
Amendment 1404 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The online platform shall, upon receiving that information, make reasonable efforts to assess whether the information referred to in points (a), (d) (e) and (ef) of paragraph 1 is reliable through the use of any freely accessible official online database, like the Rapex system or online interfaces made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sources. The online platform shall require that traders promptly inform them of any changes to the information referred to in points (a), (d), (e) and (f) and regularly repeat this verification process.
Amendment 1413 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1
Article 22 – paragraph 3 – subparagraph 1
Where the online platform obtains indications that anyinformation under paragraph 1, letter (f) is inaccurate it shall remove the product or service directly from their online platform and if any other item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate or incomplete, that platform shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete, without delay or within the time period set by Union and national law.
Amendment 1459 #
2020/0361(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22a Obligation to inform consumers and authorities about illegal products and services 1. Where an online platform allows consumers to conclude distance contracts with traders, it shall be subject to additional information obligations for consumers. Where the online platform becomes aware of the illegal nature of a product or services offered by a trader on its interface it shall: (a) immediately remove the illegal product from its interface and inform relevant authorities about it; (b) maintain an internal database of content removed and/or recipients suspended pursuant to Article 20 to be used by internal content moderation systems tackling the identified risks; (c) where the online platform has the contact details of the recipients of its services, inform such recipients of the service that have purchased said product or service during the past twelve months about the illegality, the identity of the trader and options for seeking redress; (d) compile and make publicly available through application programming interfaces a repository containing information about illegal products and services removed from its platform in the past six months along with information about the concerned trader and options for seeking redress.
Amendment 1470 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) any use made of automatic means for the purpose of content moderation, including a specification of the precise purposes, indicators of the accuracy of the automated means in fulfilling those purposes and any safeguards applied.
Amendment 1473 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Online platforms shall pucommunicate to the Digital Services Coordinator of establishment, at least once every sixtwelve months, information on the average monthly active recipients of the service in each Member Statethe Union, calculated as an average over the period of the past sixtwelve months, in accordance with the methodology laid down in the delegated acts adopted pursuant to Article 25(2).
Amendment 1476 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Member States shall refrain from imposing additional transparency reporting obligations on the online platforms, other than specific requests in the context of exercising their supervisory powers.
Amendment 1503 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c a (new)
Article 24 – paragraph 1 – point c a (new)
(ca) contracted amount of payment for online advertising expressed in euros if it is a paid advertisement.
Amendment 1510 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
2. Online platforms shall provide information mentioned in paragraph 1 to public authorities, upon their request, in order to determine accountability in case of false or misleading advertisement.
Amendment 1512 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 b (new)
Article 24 – paragraph 1 b (new)
3. Providers of intermediary services shall obtain consent from the recipients of their service, in order to provide them with micro targeted and behavioural advertisement. Providers of intermediary services shall ensure that recipients of services can easily make an informed choice when expressing their consent by providing them with meaningful information.
Amendment 1534 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1a. This section shall not apply where, within the framework of an organised distribution network operating under a common brand, the provider of the intermediary service has a direct organisational, associative, cooperative or capital ownership link with the recipient of the service or where the intermediary service solely aims to intermediate content between the members of the organised distribution framework and their suppliers.
Amendment 1552 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. Very large online platforms shall identify, analyse and assess, from the date of application referred to in the second subparagraph of Article 25(4), at least once a year thereafter, any significant systemic risks stemming from the functioning and use madedissemination of illegal content ofn their services in the Union. This risk assessment shall be specific to their services and shall include the following systemic risks:
Amendment 1567 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of the fundamental rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively through dissemination of illegal content;
Amendment 1577 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) intentional manipulation of their service, including by means of inauthentic use or automated exploitation of the service, with an actual or foreseeable negative and illegal effect on the protection of public health, minors, civic discourse, or actual or foreseeable effects related to electoral processes and public security.
Amendment 1587 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. When conducting risk assessments, very large online platforms shall take into account, in particular, how their content moderation systems, recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions.
Amendment 1596 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. The obligations detailed in paragraphs 1 and 2 shall by no means lead to a general monitoring obligation
Amendment 1604 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Very large online platforms shall put in place reasonable, proportionate and effective mitigation measures targeting illegal practices, tailored to the specific systemic risks identified pursuant to Article 26. Such measures may include, where applicable:
Amendment 1661 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point b
Article 28 – paragraph 1 – point b
(b) any voluntary commitments undertaken pursuant to the codes of conduct referred to in Articles 35 and 36 and the crisis protocols referred to in Article 37.
Amendment 1665 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point a
Article 28 – paragraph 2 – point a
(a) are independent from the very large online platform concerned and have not provided any other service to the platform in the previous 12 months;
Amendment 1702 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. Obligations pursuant to paragraphs 1 and 2 shall not oblige a very large online platform to disclose information that will lead to significant vulnerabilities for the security of its service or the protection of confidential information, in particular trade secrets and intellectual property rights. Further, very large online platforms shall not be required to enable modification of systems essential to uphold the safety and security of the service.
Amendment 1719 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Very large online platforms that display advertising on their online interfaces shall compile and make publicly available through application programming interfaces a repository containing the information referred to in paragraph 2, until one yearsix months after the advertisement was displayed for the last time on their online interfaces. They shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed.
Amendment 1767 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. In order to be vetted, researchers shall be affiliated with academic institutions, be independent from commercial interests, disclose the funding of the research, have proven records of expertise in the fields related to the risks investigated or related research methodologies, and shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request.
Amendment 1783 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 7
Article 31 – paragraph 7
Amendment 1798 #
2020/0361(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Very large online platforms shall publish the reports referred to in Article 13 within six months from the date of application referred to in Article 25(4), and thereafter every sixtwelve months.
Amendment 1808 #
2020/0361(COD)
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Article 33a Algorithm transparency 1. When using automated decision making, the very large online platform shall upon request provide the Commission with the necessary information to assess the algorithms used. 2. When carrying out the assessments referred to in paragraph 1, the Commission shall consider the following elements: (a) the compliance with corresponding Union requirements; (b) potential negative effects on fundamental rights, including on consumer rights, through dissemination of illegal content; 3. Following an assessment the Commission shall communicate its findings to the very large online platform and allow it to provide additional explanation. 4. Where the Commission finds that the algorithm used by the very large online platform does not comply with point (a) or (b) of paragraph 2 of this Article, the Commission shall inform the Digital Service Coordinator of establishment of the very large online platform.
Amendment 1829 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point f a (new)
Article 34 – paragraph 1 – point f a (new)
(fa) protection and promotion of children’s rights and wellbeing harmonized with the UN Convention on the Rights of the Child and the Convention’s General Comment 25.
Amendment 1831 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point f b (new)
Article 34 – paragraph 1 – point f b (new)
(fb) accessibility of elements and functions of online platforms and digital services for persons with disabilities aiming at consistency and coherence with existing harmonised accessibility requirements when these elements and functions are not already covered by existing harmonised European standards;
Amendment 1838 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The Commission shall support the update of the standards and guidelines in the light of technological and legislation developments and the behaviour of the recipients of the services in question.
Amendment 1846 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Commission and the Board shall encourage and facilitate the drawing up of voluntary codes of conduct at Union level to contribute to the proper application of this Regulation, taking into account in particular the specific challenges of tackling different types of illegal content and systemic risks, in accordance with Union law, in particular on competition and the protection of personal data. The Commission shall also encourage and facilitate regular review and adaption of the Codes of conduct to ensure that they are fit for purpose.
Amendment 1853 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission may invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested partierelevant stakeholders, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
Amendment 1864 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. When giving effect to paragraphs 1 and 2, the Commission and the Board shall aim to ensure that the codes of conduct clearly set out their objectives, contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties, including citizens, at Union level. The Commission and the Board shall also aim to ensure that participants report regularly to the Commission and their respective Digital Service Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain. Key performance indicators and reporting commitments should take into account differences in size and capacity between different participants.
Amendment 1866 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. When giving effect to paragraphs 1 and 2, the Commission and the Board shall aim to ensure that the codes of conduct clearly set out their objectives, in relation to the dissemination of illegal content, contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties, including citizens, at Union level. The Commission and the Board shall also aim to ensure that participants report regularly to the Commission and their respective Digital Service Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain.
Amendment 1883 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. The Commission shall encourage and facilitate the drawing up of voluntary codes of conduct at Union level between, online platforms and other relevant service providers, such as providers of online advertising intermediary services or organisations representing recipients of the service and civil society organisations or relevant authorities to contribute to further transparency in online advertising beyond the requirements of Articles 24 and 30.
Amendment 1897 #
2020/0361(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The Board may recommend the Commission to initiate the drawing up, in accordance with paragraphs 2, 3 and 4, of voluntary crisis protocols for addressing crisis situations strictly limited to extraordinary circumstances affecting public security or public health.
Amendment 1945 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 2 – subparagraph 1 – point e
Article 41 – paragraph 2 – subparagraph 1 – point e
(e) the power to adopt proportionate interim measures to avoid the risk of serious harm, without prejudice to fundamental rights.
Amendment 1978 #
2020/0361(COD)
Proposal for a regulation
Article 44 – paragraph 2 – point b a (new)
Article 44 – paragraph 2 – point b a (new)
(ba) the conditions met to justify any order to act against illegal content and to provide information taken that derogates from the internal market clause in accordance with Article 3 of Directive 2000/31/EC.
Amendment 2039 #
2020/0361(COD)
Proposal for a regulation
Article 47 – paragraph 2 – point a a (new)
Article 47 – paragraph 2 – point a a (new)
(aa) contributing to the effective application of Article 3 of Directive 2000/31/EC to prevent fragmentation of the digital single market;
Amendment 2088 #
2020/0361(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point d a (new)
Article 49 – paragraph 1 – point d a (new)
(da) monitor derogations from the internal market clause in accordance with Article 3 of Directive 2000/31/EC and ensure that the conditions for derogation are interpreted strictly and narrowly to ensure consistent application of this Regulation;
Amendment 2089 #
2020/0361(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point e
Article 49 – paragraph 1 – point e
(e) support and promote the development and implementation of European standards, guidelines, reports, templates and code of conducts in close collaboration with relevant stakeholders as provided for in this Regulation, as well as the identification of emerging issues, with regard to matters covered by this Regulation.
Amendment 2164 #
2020/0361(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. In the context of proceedings which may lead to the adoption of a decision of non-compliance pursuant to Article 58(1), where there is an urgency due to the risk of serious damage for the recipients of the service, the Commission may, by decision, order proportionate interim measures against the very large online platform concerned on the basis of a prima facie finding of an infringement, without prejudice to fundamental rights.
Amendment 2182 #
2020/0361(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. For the purposes of carrying out the tasks assigned to it under this Section, the Commission may take the necessary actions to monitor the effective implementation and compliance with this Regulation by the very large online platform concerned. The Commission may also order that platform to provide access to, and explanations relating to, and where necessary access to, its databases and algorithms.
Amendment 2209 #
2020/0361(COD)
Proposal for a regulation
Article 59 – paragraph 1 – introductory part
Article 59 – paragraph 1 – introductory part
1. In the decision pursuant to Article 58, the Commission mayshall impose on the very large online platform concerned fines not exceeding 6% of its total turnover in the preceding financial year where it finds that that platform, intentionally or negligently:
Amendment 2212 #
2020/0361(COD)
Proposal for a regulation
Article 59 – paragraph 2 – introductory part
Article 59 – paragraph 2 – introductory part
2. The Commission may by decision and in compliance with the proportionality principle impose on the very large online platform concerned or other person referred to in Article 52(1) fines not exceeding 1% of the total turnover in the preceding financial year, where they intentionally or as a result of repeated negligentlyce:
Amendment 2296 #
2020/0361(COD)
Proposal for a regulation
Article 74 – paragraph 2
Article 74 – paragraph 2
2. It shall apply from [date - threwelve months after its entry into force].
Amendment 93 #
2020/0359(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Network and information systems have developed into a central feature of everyday life with the speedy digital transformation and interconnectedness of society, including in cross-border exchanges. That development has led to an expansion of the cybersecurity threat landscape, bringing about new challenges, which require adapted, coordinated and innovative responses in all Member States. The number, magnitude, sophistication, frequency and impact of cybersecurity incidents are increasing, and present a major threat to the functioning of network and information systems. As a result, cyber incidents can impede the pursuit of economic activities in the internal market, generate financial losses, undermine user confidence and cause major damage to the Union economy and society. Cybersecurity preparedness and effectiveness are therefore now more essential than ever to the proper functioning of the internal market. The use of artificial intelligence in cybersecurity has the potential of improving the detection and to stop unsophisticated attacks, enabling resources to be diverted towards more sophisticated attacks. Member States should therefore encourage in their national strategies the use of automated tools in cybersecurity and the sharing of data needed to train and improve automated tools in cybersecurity.
Amendment 99 #
2020/0359(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Depending on the sector in which they operate or the type of service they provide, the entities falling within the scope of this Directive should be classified into two categories: essential and important. That categorisation should take into account the level of criticality of the sector or of the type of service, as well as the level of dependency of other sectors or types of services. Both essential and iImportant entities should be subject to the same risk management requirements and reporting obligationlighter reporting obligations, and longer timelines to reflect the complexity of forensics. The supervisory and penalty regimes between these two categories of entities should be differentiated to ensure a fair balance between requirements and obligations on one hand, and the administrative burden stemming from the supervision of compliance on the other hand.
Amendment 106 #
2020/0359(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In view of the interlinkages between cybersecurity and the physical security of entities, a coherent approach should be ensured between Directive (EU) XXX/XXX of the European Parliament and of the Council17 and this Directive. To achieve this, Member States should ensure that critical entities, and equivalent entities, pursuant to Directive (EU) XXX/XXX are considered to be essential entities under this Directive. Member States should also ensure that their cybersecurity strategies provide for a policy framework for enhanced coordination between the competent authority under this Directive and the one under Directive (EU) XXX/XXX in the context of information sharing on incidents and cyber threats and the exercise of supervisory tasks. Authorities under both Directives should cooperate and exchange information on a regular basis, particularly in relation to the identification of critical entities, cyber threats, cybersecurity risks, incidents affecting critical entities as well as on the cybersecurity measures taken by critical entities. Upon request of competent authorities under Directive (EU) XXX/XXX, competent authorities under this Directive should be allowed to exercise their supervisory and enforcement powers on an essential entity identified as critical. Both authorities should cooperate and exchange information for this purpose. _________________ 17[insert the full title and OJ publication reference when known]
Amendment 117 #
2020/0359(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Postal service providers within the meaning of Directive 97/67/EC of the European Parliament and of the Council18 , as well as express and courier delivery service providers, should be subject to this Directive if they provide at least one of the steps in the postal delivery chain and in particular clearance, sorting or distribution, including pick-up services while taking into account the degree of their dependence on network and information systems. Transport services that are not undertaken in conjunction with one of those steps should fall outside of the scope of postal services. _________________ 18Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service (OJ L 15, 21.1.1998, p. 14).
Amendment 124 #
2020/0359(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Member States should be adequately equipped, in terms of both technical and organisational capabilities, to prevent, detect, respond to and mitigate network and information system incidents and risks. Member States should ensure that CSIRTs have at their disposal an appropriate, secure, and resilient communication and information infrastructure to exchange information between CSIRTs and with essential and important entities and other relevant parties. Member States should therefore ensure that they have well-functioning CSIRTs, also known as computer emergency response teams (‘CERTs’), complying with essential requirements in order to guarantee effective and compatible capabilities to deal with incidents and risks and to ensure efficient cooperation at Union level. In view of enhancing the trust relationship between the entities and the CSIRTs, in cases where a CSIRT is part of the competent authority, Member States should consider functional separation between the operational tasks provided by CSIRTs, notably in relation to information sharing and support to the entities, and the supervisory activities of competent authorities.
Amendment 126 #
2020/0359(COD)
Proposal for a directive
Recital 25
Recital 25
(25) As regards personal data, CSIRTs should be able to provide, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council19 as regards personal data, on behalf of and upon request by an entity under this Directive, or in case of a serious threat to national security, a proactive scanning of the network and information systems used for the provision of their services. The knowledge whether an entity runs a privileged management interface, affects the speed of undertaking mitigating actions. It is critical that an entity or a CSIRTs upon an entity's request, have the ability to continuously discover, inventory, manage, and monitor all internet-facing assets, both on premises and in the cloud, to understand their overall organisational risk to newly discovered supply chain compromises or critical vulnerabilities. Member States should aim at ensuring an equal level of technical capabilities for all sectorial CSIRTs. Member States may request the assistance of the European Union Agency for Cybersecurity (ENISA) in developing national CSIRTs. _________________ 19Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 135 #
2020/0359(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Member States, in cooperation with ENISA, should therefore take measures to facilitate coordinated vulnerability disclosure by establishing a relevant national policy. In this regard, Member States should designate a CSIRT to take the role of ‘coordinator’, acting as an intermediary between the reporting entities and the manufacturers or providers of ICT products or services where necessary. The tasks of the CSIRT coordinator should in particular include identifying and contacting concerned entities, supporting reporting entities, negotiating disclosure timelines, and managing vulnerabilities that affect multiple organisations (multi-party vulnerability disclosure). Where vulnerabilities affect multiple manufacturers or providers of ICT products or services established in more than one Member State, the designated CSIRTs from each of the affected Member States should cooperate within the CSIRTs Network.
Amendment 136 #
2020/0359(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Access to correct and timely information on vulnerabilities affecting ICT products and services contributes to an enhanced cybersecurity risk management. In that regard, sources of publicly available information on vulnerabilities are an important tool for entities and their users, but also national competent authorities and CSIRTs. For this reason, ENISA should establish a vulnerability registry where, essential and important entities and their suppliers, as well as entities which do not fall in the scope of application of this Directive may, on a voluntary basis, disclose vulnerabilities and provide the vulnerability information that allows users to take appropriate mitigating measures. In general, to encourage a culture of disclosure of incidents a voluntary disclosure should be without detriment to the reporting entity. Any exchange of information shall preserve the confidentiality of that information and protect the security and commercial interests of essential or important entities
Amendment 162 #
2020/0359(COD)
Proposal for a directive
Recital 48
Recital 48
(48) In order to streamline the legal obligations imposed on providers of public electronic communications networks or publicly available electronic communications services, and trust service providers related to the security of their network and information systems, as well as to enable those entities and their respective competent authorities to benefit from the legal framework established by this Directive (including designation of CSIRT responsible for risk and incident handling, participation of competent authorities and bodies in the work of the Cooperation Group and the CSIRT network), they should be included in the scope of application of this Directive. The corresponding provisions laid down in Regulation (EU) No 910/2014 of the European Parliament and of the Council22 and Directive (EU) 2018/1972 of the European Parliament and of the Council23 related to the imposition of security and notification requirement on these types of entities should therefore be repealbe complemented. The rules on reporting obligations should be without prejudice to Regulation (EU) 2016/679 and Directive 2002/58/EC of the European Parliament and of the Council24 . _________________ 22 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73). 23Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (OJ L 321, 17.12.2018, p. 36). 24Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
Amendment 168 #
2020/0359(COD)
Proposal for a directive
Recital 51
Recital 51
(51) The internal market is more reliant on the functioning of the internet than ever before. The services of virtually all essential and important entities are dependent on services provided over the internet. In order to ensure the smooth provision of services provided by essential and important entities, it is important that public electronic communications networks, such as, for example, internet backbones or submarine communications cables, have appropriate cybersecurity measures in place and report security incidents in relation theretoas in Article 2 (41) of the European Electronic Communications Code (EECC).
Amendment 170 #
2020/0359(COD)
Proposal for a directive
Recital 53
Recital 53
(53) In particular, providers of public electronic communications networks or publicly available electronic communications services, should inform the service recipients of particular and significant cyber threats and of measures they can take to protect the security of their communications, for instance by using specific types of software or encryptiondata-centric security technologiiques.
Amendment 172 #
2020/0359(COD)
Proposal for a directive
Recital 54
Recital 54
(54) In order to safeguard the security of electronic communications networks and services, the use of encryption, and in particular end-to-end encryption, should be promoted and, where necessarydata-centric security techniques, such as encryption, tokenisation, segmentation, throttle access, marking, tagging, strong identity and access management, and automated access decisions, should be mandatorypromoted for providers of such services and networks in accordance with the principles of security and privacy by default and by design for the purposes of Article 18. The use of end- to-end encryption should be reconciled with the Member State’ powers to ensure the protection of their essential security interests and public security, and to permit the investigation, detection and prosecution of criminal offences in compliance with Union law. Solutions for lawful access to information in end-to-end encrypted communications should maintain the effectiveness of encryption in protecting privacy and security of communications, while providing an effective response to crime.
Amendment 178 #
2020/0359(COD)
Proposal for a directive
Recital 55
Recital 55
(55) This Directive lays down a two- stage approach to incident reporting in order to strike the right balance between, on the one hand, swift reporting that helps mitigate the potential spread of incidents and allows entities to seek support, and, on the other hand, in-depth reporting that draws valuable lessons from individual incidents and improves over time the resilience to cyber threats of individual companies and entire sectors. In this regard, the Directive should also include reporting of incidents that, based on an initial assessment performed by the entity, may be assumed to lead to substantial operational disruption or financial losses or affect other natural or legal persons by causing considerable material or non- material losses. The initial assessment should take into account amongst other, the affected network and information systems and in particular their importance in the provision of the entity’s services, the severity and technical characteristics of the cyber threat, and any underlying vulnerabilities that are being exploited as well as the entity’s experience with similar incidents. Where entities become aware of an incident, they should be required to submit an initial notification within 724 hours, followed by a final report not later than onthree months after. The initial notification should only include the information strictly necessary to make the competent authorities aware of the incident and allow the entity to seek assistance, if required. Such notification, where applicable, should indicate whether the incident is presumably caused by unlawful or malicious action. Member States should ensure that the requirement to submit this initial notification does not divert the reporting entity’s resources from activities related to incident handling that should be prioritised. To further prevent that incident reporting obligations either divert resources from incident response handling or may otherwise compromise the entities efforts in that respect, Member States should also provide that, in duly justified cases and in agreement with the competent authorities or the CSIRT, the entity concerned can deviate from the deadlines of 724 hours for the initial notification and onthree months for the final report.
Amendment 181 #
2020/0359(COD)
Proposal for a directive
Recital 59
Recital 59
(59) Maintaining accurate, verified and complete databases of domain names and registration data (so called ‘“WHOIS data’”) and providing lawful access to such data is essential to ensure the security, stability and resilience of the DNS, so that third- party rights could be protected and which in turn contributes to a high common level of cybersecurity within the Union. Where processing includes personal data such processing shall comply with Union data protection law.
Amendment 196 #
2020/0359(COD)
Proposal for a directive
Recital 69
Recital 69
(69) The processing of personal data, to the extent strictly necessary and proportionate for the purposes of ensuring network and information security by entities, public authorities, CERTs, CSIRTs, and providers of security technologies and services should constitute a legitimate interest of the data controller concerned, as referred to in Regulation (EU) 2016/679. That should include measures related to the prevention, detection, identification, containment, analysis and response to incidents, measures to raise awareness in relation to specific cyber threats, exchange of information in the context of vulnerability remediation and coordinated disclosure, as well as the voluntary exchange of information on those incidents, as well as cyber threats and vulnerabilities, indicators of compromise, tactics, techniques and procedures, cybersecurity alerts and configuration tools. Such measures may require the processing of the following types of personal data: IP addresses, uniform resources locators (URLs), domain names, and email addressespersonal data.
Amendment 197 #
2020/0359(COD)
Proposal for a directive
Recital 70
Recital 70
(70) In order to strengthen the supervisory powers and actions that help ensure effective compliance, this Directive should provide for a minimum list of supervisory actions and means through which competent authorities may supervise essential and important entities. The supervisory regime shall, amongst other issues, verify that essential and important entities take appropriate technical and organisational measures to manage the risks posed to the security of network and information systems by implementing basic computer hygiene practices such as software updates, device configuration, network segmentation, identity and access management or user awareness and training regarding corporate email cyber threats, phishing or social engineering techniques. In addition, this Directive should establish a differentiation of supervisory regime between essential and important entities with a view to ensuring a fair balance of obligations for both entities and competent authorities. Thus, essential entities should be subject to a fully-fledged supervisory regime (ex-ante and ex-post), while important entities should be subject to a light supervisory regime, ex-post only. For the latter, this means that important entities should not document systematically compliance with cybersecurity risk management requirements, while competent authorities should implement a reactive ex -post approach to supervision and, hence, not have a general obligation to supervise those entities.
Amendment 198 #
2020/0359(COD)
Proposal for a directive
Recital 71
Recital 71
(71) In order to make enforcement effective, a minimum list of administrative sanctions for breach of the cybersecurity risk management and reporting obligations provided by this Directive should be laid down, setting up a clear and consistent framework for such sanctions across the Union. Due regard should be given to the nature, gravity and duration of the infringement, the actual damage caused or losses incurred or potential damage or losses that could have been triggered, the intentional or negligent character of the infringement, actions taken to prevent or mitigate the damage and/or losses suffered, the degree of responsibility or any relevant previous infringements, the degree of cooperation with the competent authority and any other aggravating or mitigating factor. The imposition of penalties including administrative fines should respect the proportionality of the fines in order to avoid hampering businesses from innovating and be subject to appropriate procedural safeguards in accordance with the general principles of Union law and the Charter of Fundamental Rights of the European Union, including effective judicial protection and due process.
Amendment 200 #
2020/0359(COD)
Proposal for a directive
Recital 72
Recital 72
(72) In order to ensure effective enforcement of the obligations laid down in this Directive, each competent authority should have the power to impose or request the imposition of administrative fines if the infringement was intentional, negligent or the entity had had prior notice of the possibility of committing an infringement.
Amendment 203 #
2020/0359(COD)
Proposal for a directive
Recital 76
Recital 76
(76) In order to further strengthen the effectiveness and dissuasiveness of the penalties applicable to infringements of obligations laid down pursuant to this Directive, the competent authorities should be empowered to apply sanctions consisting of the suspension of a certification or authorisation concerning part or all the services provided by an essential entity and the imposition of a temporary ban from the exercise of managerial functions by a natural person. Given their severity and impact on the entities’ activities and ultimately on their consumers, such sanctions should only be applied proportionally to the severity of the infringement and taking account of the specific circumstances of each case, including the intentional or negligent character of the infringement, actions taken to prevent or mitigate the damage and/or losses suffered. Such sanctions should only be applied as ultima ratio, meaning only after the other relevant enforcement actions laid down by this Directive have been exhausted, and only for the time until the entities to which they apply take the necessary action to remedy the deficiencies or comply with the requirements of the competent authority for which such sanctions were applied. The imposition of such sanctions shall be subject to appropriate procedural safeguards in accordance with the general principles of Union law and the Charter of Fundamental Rights of the European Union, including effective judicial protection, due process, presumption of innocence and right of defence.
Amendment 216 #
2020/0359(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive applies to public and private entities of a type referred to as essential entities in Annex I and as important entities in Annex II in so far as they carry out in-scope activities within the Union. This Directive does not apply to entities that qualify as micro and small enterprises within the meaning of Commission Recommendation 2003/361/EC.28 _________________ 28 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 226 #
2020/0359(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This Directive applies only to manufacturing facilities of important and essential entities listed in Annexes I and II that are located within the Union.
Amendment 244 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 5
Article 4 – paragraph 1 – point 5
(5) ‘incident’ means any unwanted or unexpected event compromising the availability, authenticity, integrity or confidentiality of stored, transmitted or processed data or of the related services offered by, or accessible via, network and information systems;
Amendment 245 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 5 – point i (new)
Article 4 – paragraph 1 – point 5 – point i (new)
(i) by way of derogation 'security incident' as defined in Article 2(41) of Directive (EU) 2018/1972 remains applicable for interpersonal electronic communications service providers.
Amendment 292 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 2 – point f
Article 5 – paragraph 2 – point f
(f) a policy on supporting academic and research institutions to develop and enhance cybersecurity tools and secure network infrastructure;
Amendment 294 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 2 – point h
Article 5 – paragraph 2 – point h
(h) a policy promoting cybersecurity and addressing specific needs of SMEs, in particular those excluded from the scope of this Directive, in relation tocluding guidance and support in improving their resilience to cybersecurity threats.
Amendment 296 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 2 – point h a (new)
Article 5 – paragraph 2 – point h a (new)
(ha) a policy raising awareness for cybersecurity threats and best practices among the general population.
Amendment 308 #
2020/0359(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. ENISA shall develop and maintain a European vulnerability registry. To that end, ENISA shall establish and maintain the appropriate information systems, policies and procedures with a view in particular to enabling important and essential entities and their suppliers of network and information systems to disclose and register only those vulnerabilities present in ICT products or ICT services that have a mitigation available , as well as to provide access to the information on vulnerabilities contained in the registry to all interested parties. The registry shall, in particular, include information describing the vulnerability, the affected ICT product or ICT services and the severity of the vulnerability in terms of the circumstances under which it may be exploited, the availability of related patches and, in the absence of available patches, guidance addressed to users of vulnerable products and services as to how the risks resulting from disclosed vulnerabilities may be mitigated. When several users are affected by the same vulnerability, ENISA should coordinate the schedule of the installation of the mitigation patches.
Amendment 313 #
2020/0359(COD)
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. ENISA shall establish a structured cooperation agreements with Common Vulnerability and Exposure registry or other similar registries.
Amendment 317 #
2020/0359(COD)
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Member States shall ensure that the competent authorities designated pursuant to paragraph 1 cooperate with competent authorities designated pursuant to Article 8 of (CER Directive) for the purposes of information sharing on incidents and cyber threats and the exercise of supervisory tasks.
Amendment 331 #
2020/0359(COD)
Proposal for a directive
Article 10 – paragraph 2 – point d a (new)
Article 10 – paragraph 2 – point d a (new)
(da) acquiring real time threat intelligence and sharing the information among public and private entities based on interoperable solutions.
Amendment 334 #
2020/0359(COD)
Proposal for a directive
Article 10 – paragraph 2 – point f a (new)
Article 10 – paragraph 2 – point f a (new)
(fa) contributing to the deployment of secure information sharing tools pursuant to Article 9(3) of this Directive.
Amendment 343 #
2020/0359(COD)
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 2
Article 12 – paragraph 3 – subparagraph 2
Where appropriate, the Cooperation Group may invite representatives of relevant industry stakeholders covered by this Directive to participate in its work.
Amendment 366 #
2020/0359(COD)
Proposal for a directive
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) a cybersecurity index providing for an aggregated assessment of the maturity level of Union's cybersecurity capabilities.
Amendment 373 #
2020/0359(COD)
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. The Commission shall establish, after consulting the Cooperation Group and ENISA, and at the latest by 18 months following the entry into force of this Directive, the methodology and content of a peer-review system for assessing the effectiveness of the Member States’ cybersecurity policies. The reviews shall be conducted by cybersecurity technical experts drawn from Member States different than the one reviewed, in consultation with ENISA, and shall cover at least the following:
Amendment 377 #
2020/0359(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Once reviewed in a Member State, the same aspects shall not be subject to further peer review within that Member State during the two years following the conclusion of a peer review, unless otherwise decided by the Commission,operation Group upon consultation with ENISA and the Cooperation Groupthe Commission and ENISA.
Amendment 380 #
2020/0359(COD)
Proposal for a directive
Article 16 – paragraph 7
Article 16 – paragraph 7
7. Experts participating in peer reviews shall draft reports on the findings and conclusions of the reviews. The reports shall be submitted to the Commission, the Cooperation Group, the CSIRTs network and ENISA. The reports shall be discussed in the Cooperation Group and the CSIRTs network. The reports may be published on the dedicated website of the Cooperation Group.
Amendment 392 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) incident handling (prevention, detection, and response tocontainment, response to, and mitigation of incidents);
Amendment 398 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 2 – point f
Article 18 – paragraph 2 – point f
(f) policies and procedures (training, testing and auditing) to assess the effectiveness of cybersecurity risk management measures;
Amendment 401 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 2 – point g
Article 18 – paragraph 2 – point g
(g) support the use of cryptography and encryption, where appropriate.
Amendment 405 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 2 – point g a (new)
Article 18 – paragraph 2 – point g a (new)
(ga) wide adoption of basic computer hygiene practices such as software updates, device configuration, network segmentation, identity and access management or user awareness and training regarding corporate email cyber threats, phishing or social engineering techniques.
Amendment 407 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure that, where considering appropriate measures referred to in point (d) of paragraph 2, entities shall take into account the vulnerabilities specific to each first-level supplier and service provider and the overall quality of products and cybersecurity practices of their first-level suppliers and service providers, including their secure development procedures.
Amendment 412 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. ENISA, in collaboration with Member States shall draw up advice and guidelines regarding the technical and methodological specifications areas to be considered in relation to paragraph 2. The Commission may adopt implementing acts in order to lay down the technical and the methodological specifications of the elements referred to in paragraph 2. Where preparing those acts, the Commission shall proceed in accordance with the examination procedure referred to in Article 37(2) and follow, to the greatest extent possible, European and international and European standards, as well as relevant technical specifications. In developing implementing acts, the Commission shall also consult all relevant stakeholders by means of a formal, open, transparent and inclusive consultation process.
Amendment 413 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. The Commission may adopt implementingdelegated acts in order to lay down the technical and the methodological specifications of the elements referred to in paragraph 2. Where preparing those acts, the Commission shall proceed in accordance with the examination procedure referred to in Article 37(2)6 and follow, to the greatest extent possible, international and European standards, as well as relevant technical specifications.
Amendment 423 #
2020/0359(COD)
Proposal for a directive
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. The Stakeholder Cybersecurity Certification Group as per pursuant to Article 22 of Regulation (EU) 2019/881 shall issue an opinion on security risk assessments of specific critical ICT services, systems or products supply chains and the opinion shall be taken into account by the Cooperation Group and ENISA when it develops and executes an EU coordinated risk assessment of critical supply chain.
Amendment 430 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
Amendment 434 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
Amendment 447 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 4 – subparagraph 1 – point a
Article 20 – paragraph 4 – subparagraph 1 – point a
(a) without undue delay and in any event wino later thian 724 hours after having become aware of the incident, an initial notification, which, where applicable, shall indicate whether the incident is presumably caused by unlawful or malicious action;
Amendment 451 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 4 – subparagraph 1 – point c – introductory part
Article 20 – paragraph 4 – subparagraph 1 – point c – introductory part
(c) a finalstatus report not later than one monththree months for an essential entity and no later than four months for an important entity after the submission of the report initial notification under point (a), including at least the following:
Amendment 456 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 4 – subparagraph 1 – point c a (new)
Article 20 – paragraph 4 – subparagraph 1 – point c a (new)
(ca) a final report should be drawn up one month after the incident had been mitigated.
Amendment 457 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 4 – subparagraph 1 a (new)
Article 20 – paragraph 4 – subparagraph 1 a (new)
Member States may establish a single entry point for all notifications required under this Directive, the Regulation (EU) 2016/679, Directive2002/58/EC and sector specific legislation.
Amendment 458 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 4 – subparagraph 1 b (new)
Article 20 – paragraph 4 – subparagraph 1 b (new)
ENISA, in cooperation with the Cooperation Group, should develop common notification templates by means of guidelines to streamline the reporting information requested by this Directive and decrease the burdens for reporting entities.
Amendment 459 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 4 – subparagraph 1 c (new)
Article 20 – paragraph 4 – subparagraph 1 c (new)
Member States shall ensure confidentiality and appropriate protections around sensitive information about incidents shared with competent authorities, and enact parameters around how incident information is further shared and reused.
Amendment 461 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
5. The competent national authorities or the CSIRT shall provide, within 24 hours after receiving the initial notification referred to in point (a) of paragraph 4, a response to the notifying entity, including initial feedback on the incident and, upon request of the entity, guidance and actionable advice on the implementation of possible mitigation measures. Where the CSIRT did not receive the notification referred to in paragraph 1 , the guidance and actionable advice shall be provided by the competent authority in collaboration with the CSIRT. The CSIRT shall provide additional technical support if the concerned entity so requests. Where the incident is suspected to be of criminal nature, the competent national authorities or the CSIRT shall also provide guidance on reporting the incident to law enforcement authorities.
Amendment 467 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 7
Article 20 – paragraph 7
7. Where public awareness is necessary to prevent an incident or to deal with an ongoing incident, or where disclosure of the incident is otherwise in the public interest, the competent authority or the CSIRT, and where appropriate the authorities or the CSIRTs of other Member States concerned may, after consulting require the entity concerned,to inform the public about the incident or require the entity to do so.
Amendment 473 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 8
Article 20 – paragraph 8
8. At the request of the competent authority or the CSIRT, the single point of contact shall forward notifications received pursuant to paragraphs 1 and 2 to the single points of contact of other affected Member States.
Amendment 476 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 9
Article 20 – paragraph 9
9. The single point of contact shall submit to ENISA on a monthly basis a summary report including anonymised and aggregated data on incidents, significant cyber threats and near misses notified in accordance with paragraphs 1 and 2 and in accordance with Article 27. In order to contribute to the provision of comparable information, ENISA may issue technical guidance on the parameters of the information included in the summary report.
Amendment 479 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 10
Article 20 – paragraph 10
10. Competent authorities shall provide to the competent authorities designated pursuant to Directive (EU) XXXX/XXXX [Resilience of Critical Entities Directive] information on incidents and cyber threats notified in accordance with paragraphs 1 and 2 by essential entities identified as critical entities, or as entities equivalent to critical entities, pursuant to Directive (EU) XXXX/XXXX [Resilience of Critical Entities Directive].
Amendment 482 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 11
Article 20 – paragraph 11
11. The Commission, may adopt implementing actsENISA shall develop a common EU-wide template further specifying the type of information, the format and the procedure of a notification submitted pursuant to paragraphs 1 and 2. The Commission may also adopt implementing acts to further specify the cases in which an incident shall be considered significant as referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(2).
Amendment 492 #
2020/0359(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. In order to demonstrate compliance with certain requirements of Article 18, Member States may requirshall encourage essential and important entities to certify certain ICT products, ICT services and ICT processes under specific European cybersecurity certification schemes adopted pursuant to Article 49 of Regulation (EU) 2019/881. The products, services and processes subject to certification may be developed by an essential or important entity or procured from third parties.
Amendment 495 #
2020/0359(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 500 #
2020/0359(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Commission, after consulting the Cooperation Group and the European Cybersecurity Certification Group, may request ENISA to prepare a candidate scheme pursuant to Article 48(2) of Regulation (EU) 2019/881 in cases where no appropriate European cybersecurity certification scheme for the purposes of paragraph 2 is available.
Amendment 503 #
2020/0359(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. For the purpose of contributing to the security, stability and resilience of the DNS, Member States shall ensure that TLD registries and the entities providing domain name registration services for the TLDregistrars shall collect and maintain accurate, verified and complete domain name registration data in a dedicated database facility with due diligence subject to Union data protection law as regards data which are personal data.
Amendment 504 #
2020/0359(COD)
Proposal for a directive
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Member States shall ensure that the TLD registries and the entities providing domain name registration services for the TLDregistrars have policies and procedures in place to ensure that the databases include accurate and complete information. Member States shall ensure that such policies and procedures are made publicly available.
Amendment 506 #
2020/0359(COD)
Proposal for a directive
Article 23 – paragraph 4
Article 23 – paragraph 4
4. Member States shall ensure that the TLD registries and the entities providing domain name registration services for the TLDand the registrars publish, without undue delay but no later than 24 hours after the registration of a domain name, fees, domain registration data, which are not personal data.
Amendment 508 #
2020/0359(COD)
Proposal for a directive
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Member States shall ensure that the TLD registries and the entities providing domain name registration services for the TLDregistrars provide access to specific domain name registration data upon lawful and duly justified requests of legitimate access seekers, in compliance with Union data protection law. Member States shall ensure that the TLD registries and the entities providing domain name registration services for the TLDregistrars reply without undue delay to all requests for access. Member States shall ensure that policies and procedures to disclose such data are made publicly available.
Amendment 515 #
2020/0359(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. For the purposes of this Directive, entities providing activities referred to in paragraph 1 shall be deemed to have their main establishment in the Union in the Member State where the decisions related to the cybersecurity risk management measures are taken. If such decisions are not taken in any establishment in the Union, the main establishment shall be deemed to be in the Member State where the entities have the establishment with the highest number of employeesthe place of its central administration in the Union.
Amendment 516 #
2020/0359(COD)
Proposal for a directive
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. Essential and important entities should be subject to this Directive only in those Member States where they perform activities relevant to their designation as essential or important entities.
Amendment 519 #
2020/0359(COD)
Proposal for a directive
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. ENISA shall create and maintain a registry for essential and important entities referred to in Article 24(1). The entities shall submit the following information to ENISA by [12 months after entering into force of the Directive at the latest], including the following information:
Amendment 521 #
2020/0359(COD)
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 524 #
2020/0359(COD)
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. Without prejudice to Regulation (EU) 2016/679, Member States shall ensure that essential and important entities may exchange relevant cybersecurity information among themselves including information relating to cyber threats, vulnerabilities, indicators of compromise, industrial espionage tactics, techniques and procedures, cybersecurity alerts, metadata and configuration tools, where such information sharing:
Amendment 525 #
2020/0359(COD)
Proposal for a directive
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) enhances the level of cybersecurity, in particular through raising awareness in relation to cyber threats, limiting or impeding such threats ‘ability to spread, supporting a range of defensive capabilities, vulnerability remediation and disclosure, threat detection, containment and prevention techniques, mitigation strategies, or response and recovery stages, facilitating collaboration in cyber threat research among public entities, private entities and research bodies.
Amendment 526 #
2020/0359(COD)
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shall ensure that the exchange of information takes place within trusted communities of essential and important entities. Such exchange shall be implemented through information sharing arrangements in respect of the potentially sensitive nature of the information shared and in compliance with the rules of Union law referred to in paragraph 1.
Amendment 530 #
2020/0359(COD)
Proposal for a directive
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Member States, pursuant to paragraph 5, shall set out rules specifying the procedure, operational elements (including the use of dedicated ICT platforms and tools), content and conditions of the information sharing arrangements referred to in paragraph 2. Such rules shall also lay down the details of the involvement of public authorities in such arrangements, as well as operational elements, including the use of dedicated IT platforms. Member States shall offer support to the application of such arrangements in accordance with their policies referred to in Article 5(2) (g).
Amendment 537 #
2020/0359(COD)
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
Member States shall ensure that, without prejudice to Article 3, entities within the scope and those falling outside the scope of this Directive may submit notifications, on a voluntary basis, of significant incidents, cyber threats or near misses. When processing notifications, Member States shall act in accordance with the procedure laid down in Article 20. Member States may prioritise the processing of mandatory notifications over voluntary notifications. Voluntary reporting shall not result in the imposition of any additional obligations upon the reporting entity to which it would not have been subject had it not submitted the notification.
Amendment 541 #
2020/0359(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure that the measures of supervision or enforcement imposed on essential entities in respect of the obligations set out in this Directive are effective, proportionate and dissuasive, taking into account the circumstances of each individual case of each individual case as well as the need to promote the exchange of information between competent authorities and essential entities.
Amendment 542 #
2020/0359(COD)
Proposal for a directive
Article 29 – paragraph 2 – point a
Article 29 – paragraph 2 – point a
(a) on-site inspections and off-site supervision, including random checks, carried out by certified professionals;
Amendment 543 #
Amendment 544 #
2020/0359(COD)
Proposal for a directive
Article 29 – paragraph 2 – point b – point i (new)
Article 29 – paragraph 2 – point b – point i (new)
(i) an ad hoc audit can be carried out in cases justified on the ground of a significant incident or non-compliance by the essential entity;
Amendment 548 #
2020/0359(COD)
Proposal for a directive
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. where exercising their power under points (a) to (d) in paragraph 2, the competent authorities shall follow a due process in order to minimise the impact on business processes for the entity;
Amendment 551 #
2020/0359(COD)
Proposal for a directive
Article 29 – paragraph 4 – point h
Article 29 – paragraph 4 – point h
(h) order, where necessary for risk management purposes, those entities to make public aspects of non-compliance with the obligations laid down in this Directive in a specified manner;
Amendment 553 #
2020/0359(COD)
Proposal for a directive
Article 29 – paragraph 4 – point i
Article 29 – paragraph 4 – point i
(i) make a public statement, where necessary for risk management purposes, which identifies the legal and natural person(s) responsible for the infringement of an obligation laid down in this Directive and the nature of that infringement;
Amendment 554 #
2020/0359(COD)
Proposal for a directive
Article 29 – paragraph 4 – point j
Article 29 – paragraph 4 – point j
(j) impose or request the imposition by the relevant bodies or courts according to national laws of an administrative fine pursuant to Article 31 in addition to, or instead of, the measures referred to in points (a) to (i) of this paragraph, depending on the circumstances of each individual case.
Amendment 561 #
2020/0359(COD)
Proposal for a directive
Article 29 – paragraph 5 – subparagraph 1 – point b
Article 29 – paragraph 5 – subparagraph 1 – point b
Amendment 571 #
2020/0359(COD)
Proposal for a directive
Article 29 – paragraph 7 – point c
Article 29 – paragraph 7 – point c
(c) the actual damage caused or losses incurred or potential damage or losses that could have been triggered, insofar as they can be determined. Where evaluating this aspect, account shall be taken, amongst others, of actual or potential financial or economic losses, effects on other services, number of users affected or potentially affected;
Amendment 576 #
2020/0359(COD)
Proposal for a directive
Article 30 – paragraph 4 – point g
Article 30 – paragraph 4 – point g
(g) order, where necessary for risk management purposes, those entities to make public aspects of non-compliance with their obligations laid down in this Directive in a specified manner;
Amendment 578 #
2020/0359(COD)
Proposal for a directive
Article 30 – paragraph 4 – point h
Article 30 – paragraph 4 – point h
(h) make a public statement, where necessary for risk management purposes, which identifies the legal and natural person(s) responsible for the infringement of an obligation laid down in this Directive and the nature of that infringement;
Amendment 579 #
2020/0359(COD)
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Member States shall ensure that the imposition of administrative fines on essential and important entities pursuant to this Article in respect of infringements of the obligations laid down in this Directive are, in each individual case, effective, proportionate and dissuasive and only imposed if the infringement was intentional, negligent or the entity had had prior notice of the possibility of committing an infringement.
Amendment 589 #
2020/0359(COD)
Proposal for a directive
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Member States shall adopt and publish, by … [1824 months after the date of entry into force of this Directive], the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately inform the Commission thereof. They shall apply those measures from … [one day after the date referred to in the first subparagraph].
Amendment 139 #
2020/0340(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) There are techniques enabling privacy-friendly analyses on databases that contain personal data, such as anonymisation, pseudonymisation, differential privacy, generalisation, oruse of synthetic data, suppression and, randomisation or other state-of-the-art privacy preserving methods. Application of these privacy-enhancing technologies, together with comprehensive data protection approaches should ensure the safe re-use of personal data and commercially confidential business data for research, innovation and statistical purposes. In many cases this implies that the data use and re-use in this context can only be done in a secure processing environment set in place and supervised by the public sector. There is experience at Union level with such secure processing environments that are used for research on statistical microdata on the basis of Commission Regulation (EU) 557/2013 (39 ). In general, insofar as personal data are concerned, the processing of personal data should rely upon one or more of the grounds for processing provided in Article 6 of Regulation (EU) 2016/679. _________________ 39Commission Regulation (EU) 557/2013 of 17 June 2013 implementing Regulation (EC) No 223/2009 of the European Parliament and of the Council on European Statistics as regards access to confidential data for scientific purposes and repealing Commission Regulation (EC) No 831/2002 (OJ L 164, 18.6.2013, p. 16).
Amendment 151 #
2020/0340(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re- use, and which should be without prejudice to rights or obligations concerning access to such data, should be laid down. Those conditions should be non-discriminatory, proportionate and objectively justified, while not restricting competition. In particular, public sector bodies allowing re- use should have in place the technical means necessary to ensure the protection of rights and interests of third parties and be empowered to request the necessary information from the re-user. Conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. Public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate effort for the public sector. Depending on the case at hand, before its transmission, personal data should be fully anonymised, so as to definitively not allow the identification of the data subjects, or data containing commercially confidential information modified in such a way that no confidential information is disclosed. Where provision of anonymised or modified data would not respond to the needs of the re-user, on- premise or remote re-use of the data within a secure processing environment could be permitted. Data analyses in such secure processing environments should be supervised by the public sector body, so as to protect the rights and interests of others. In particular, personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. The public sector body could make the use of such secure processing environment conditional on the signature by the re-user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re-user may have acquired despite the safeguards put in place. The public sector bodies, where relevant, should facilitate the re-use of data on the basis of consent of data subjects or permissions of legal persons on the re-use of data pertaining to them through adequate technical means. In this respect, the public sector body should support potential re-users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users, where practically feasible. No contact information should be given that allows re-users to contact data subjects or companies directly.
Amendment 162 #
2020/0340(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Furthermore, it isn order to preserve fair competition and an open market economy it is of utmost importantce to protect commercially sensitive data of non- personal nature, notably trade secrets, but also non-personal data representing content protected by intellectual property rights from unlawful access that may lead to IP theft or industrial espionage. In order to ensure the protection of fundamental rights or interests of data holders, non-personal data which is to be protected from unlawful or unauthorised access under Union or national law, and which is held by public sector bodies, should be transferred only to third-countries where appropriate safeguards for the use of data are provided. Such appropriate safeguards should be considered to exist when in that third- country there are equivalent measures in place which ensure that non-personal data benefits from a level of protection similar to that applicable by means of Union or national law in particular as regards the protection of trade secrets and the protection of intellectual property rights. To that end, the Commission may adopt implementingdelegated acts that declare that a third country provides a level of protection that is essentially equivalent to those provided by Union or national law. The assessment of the level of protection afforded in such third-country should, in particular, take into consideration the relevant legislation, both general and sectoral, including concerning public security, defence, national security and criminal law concerning the access to and protection of non-personal data, any access by the public authorities of that third country to the data transferred, the existence and effective functioning of one or more independent supervisory authorities in the third country with responsibility for ensuring and enforcing compliance with the legal regime ensuring access to such data, or the third countries’ international commitments regarding the protection of data the third country concerned has entered into, or other obligations arising from legally binding conventions or instruments as well as from its participation in multilateral or regional systems. The existence of effective legal remedies for data holders, public sector bodies or data sharing providers in the third country concerned is of particular importance in the context of the transfer of non-personal data to that third country. Such safeguards should therefore include the availability of enforceable rights and of effective legal remedies.
Amendment 167 #
2020/0340(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In cases where there is no implementingdelegated act adopted by the Commission in relation to a third country declaring that it provides a level of protection, in particular as regards the protection of commercially sensitive data and the protection of intellectual property rights, which is essentially equivalent to that provided by Union or national law, the public sector body should only transmit protected data to a re-user, if the re-user undertakes obligations in the interest of the protection of the data. The re-user that intends to transfer the data to such third country should commit to comply with the obligations laid out in this Regulation even after the data has been transferred to the third country. To ensure the proper enforcement of such obligations, the re- user should also accept the jurisdiction of the Member State of the public sector body that allowed the re-use for the judicial settlement of disputes.
Amendment 172 #
2020/0340(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to prevent unlawful access to non-personal data, public sector bodies, natural or legal persons to which the right to re-use data was granted, data sharing providers and entities entered in the register of recognised data altruism organisations should take all reasonable measures to prevent access to the systems where non-personal data is stored, including encryption of data, cybersecurity measures or corporate policies.
Amendment 178 #
2020/0340(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to build trust in re-use mechanisms, it may be necessary to attach stricter conditions for certain types of non- personal data that have been identified as highly sensitive, as regards the transfer to third countries, if such transfer could jeopardise public policy objectives, in line with international commitments. For example, in the health domain, certain datasets held by actors in the public health system, such as public hospitals, could be identified as highly sensitive health data. Other relevant sectors could be transport, energy, environment, telecommunications and finance. In order to ensure harmonised practices across the Union, such types of highly sensitive non-personal public data should be defined by Union law, for example in the context of the European Health Data Space or other sectoral legislation. The conditions attached to the transfer of such data to third countries should be laid down in delegated acts. Conditions should be proportionate, non- discriminatory and necessary to protect legitimate public policy objectives identified, such as the protection of public health, public order, safety, the environment, public morals, consumer protection, privacy and personal data protection. The conditions should correspond to the risks identified in relation to the sensitivity of such data, including in terms of the risk of the re- identification of individuals. These conditions could include terms applicable for the transfer or technical arrangements, such as the requirement of using a secure processing environment, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or who can access the data in the third country. In exceptional cases they could also include restrictions on transfer of the data to third countries to protect the public interest.
Amendment 249 #
2020/0340(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to successfully implement the data governance framework, a European Data Innovation Board should be established, in the form of an expert group. The Board should consist of representatives of the Member States, the Commission and representatives of relevant data spaces and specific sectors (such as health, agriculture, transport and statistics). The European Data Protection Board should be invited to appoint a representative to the European Data Innovation Board. A data innovation advisory council should be established as a sub-group of the Board consisting of relevant representatives from industry, research, standardisation organisations and other relevant stakeholders. That council should support the work of the Board by providing advice relating to the exchange of data, and in particular on how to best protect commercially sensitive data of non-personal nature, notably trade secrets, but also non-personal data representing content protected by intellectual property rights from unlawful access that may lead to IP theft or industrial espionage.
Amendment 252 #
2020/0340(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to successfully implement the data governance framework, a European Data Innovation Board should be established, in the form of an expert group. The Board should consist of representatives of the Member States, the Commission and representatives of relevant data spaces and specific sectors (such as health, agriculture, transport and statistics) as well as representatives of academia, research and standard setting organisations, where relevant. The European Data Protection Board should be invited to appoint a representative to the European Data Innovation Board.
Amendment 255 #
2020/0340(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to successfully implement the data governance framework, a European Data Innovation Board should be established, in the form of an expert group. The Board should consist of representatives of the Member States, the Commission and representatives of relevant data spaces and specific sectors (such as health, energy, industrial manufacturing, agriculture, transport and statistics). The European Data Protection Board should be invited to appoint a representative to the European Data Innovation Board.
Amendment 262 #
2020/0340(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The Board should support the Commission in coordinating national practices and policies on the topics covered by this Regulation, and in supporting cross- sector data use by adhering to the European Interoperability Framework (EIF) principles and through the utilisation of European and international standards and specifications (such asincluding through the EU Multi-Stakeholder Platform for ICT Standardisation, the Core Vocabularies44 and the CEF Building Blocks45 ), without prejudice to standardisation work taking place in specific sectors or domains. Work on technical standardisation may include the identification of priorities for the development of standards and establishing and maintaining a set of technical and legal standards for transmitting data between two processing environments that allows data spaces to be organised without making recourse to an intermediary. The Board should cooperate with the Data Innovation Advisory Council, sectoral bodies, networks or expert groups, or other cross- sectoral organisations dealing with re-use of data. Regarding data altruism, the Board should assist the Commission in the development of the data altruism consent form, in consultation with the European Data Protection Board. _________________ 44 https://joinup.ec.europa.eu/collection/sema ntic-interoperability-community- semic/core-vocabularies 45 https://joinup.ec.europa.eu/collection/conn ecting-europe-facility-cef
Amendment 284 #
2020/0340(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(2 a) This Regulation is without prejudice to Regulation (EU) 2016/679 of the European Parliament and of the Council, to Directive 2002/58/EC of the European Parliament and of the Council and Directive (EU) 2016/680 of the European Parliament and of the Council1a. This Regulation should in particular not be read as creating a new legal basis for the processing of personal data for any of the regulated activities. Its implementation should not prevent cross- border transfers of data in accordance with Chapter V of Regulation (EU) 2016/679 from taking place. _________________ 1aDirective (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA. (OJ L 119, 4.5.2016, p. 89)
Amendment 326 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘data altruism’ means the consentvoluntary sharing of data by data subjects to process personal data pertaining to them, or permissions of other data holders to allow the use of their non- personal data without seeking or receiving a reward, for purposes of general interest, such as scientific research purposes, policy making or improving public services;
Amendment 336 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘secure processing environment’ means the physical or virtual environment and organisational means to provide the opportunity to re-use data in a manner ensuring compliance with applicable legislation that allows for the operator of the secure processing environment to determine and supervise all data processing actions, including to display, storage, download, export of the data and calculation of derivative data through computational algorithms.
Amendment 379 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point a
Article 5 – paragraph 4 – point a
(a) to access and re-use the data within a secure processing environment provided andor controlled by the public sector ;
Amendment 385 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
(5) The public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used. The public sector body shall be able to verify any results of processing of data undertaken by the re- user and reserve the right, after giving the re-user the possibility to provide further information, to prohibit the use of results that contain information jeopardising the rights and interests of third parties.
Amendment 399 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 9 – introductory part
Article 5 – paragraph 9 – introductory part
(9) The Commission may adopt implementingdelegated acts declaring that the legal, supervisory and enforcement arrangements of a third country:
Amendment 402 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 9 – subparagraph 1
Article 5 – paragraph 9 – subparagraph 1
Those implementingdelegated acts shall be adopted in accordance with the advisory procedure referred to in Article 29 (2)8.
Amendment 440 #
2020/0340(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) providing technical support in the application of tested techniques ensuring data processing in a manner that preserves privacy of the information contained in the data for which re-use is allowed, including techniques for pseudonymisation, anonymisation, generalisation, suppression and, randomisation of personal data or other state-of-the-art privacy preserving methods;
Amendment 446 #
2020/0340(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
(5) The Member States shall make public and communicate to the Commission the identity of the competent bodies designated pursuant to paragraph 1 by [date of application of this Regulation]. They shall also make public and communicate to the Commission any subsequent modification of the identity of those bodies.
Amendment 451 #
2020/0340(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
(2 a) The single information point may establish a separate, simplified and well- documented information channel for small and medium-sized enterprises (SMEs), addressing their needs and capabilities in requesting the re-use of the categories of data referred to in Article 3 (1).
Amendment 454 #
2020/0340(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
(3) Requests for the re-use of the categories of data referred to in Article 3 (1) shall be granted or refused by the competent public sector bodies or the competent bodies referred to in Article 7 (1) within a reasonable time, and in any case within two months from the date of the request. In order to contribute to a consistent application of this Regulation the competent public sector bodies shall cooperate with each other, and where relevant with the Commission, when refusing requests for re-use of the categories of data referred to in Article 3 (1).
Amendment 459 #
2020/0340(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) intermediation services between data subjects that seek to make their personal data available and potential data users, including making available the technical or other means to enable such services, in the exercise of the rights provided in Regulation (EU) 2016/679, in particular managing the data subjects’ consent to data processing;
Amendment 490 #
2020/0340(COD)
Proposal for a regulation
Article 10 – paragraph 9
Article 10 – paragraph 9
(9) The competent authority shall notify the Commission of each new notification without delay and the Commission shall forward each notification to the national competent authorities of the Member States by electronic means. The Commission shall keep a register of providers of data sharing services.
Amendment 497 #
2020/0340(COD)
Proposal for a regulation
Article 10 – paragraph 10
Article 10 – paragraph 10
(10) The competent authority may charge fees. Such fees shall be proportionate and objective and be based on the administrative costs related to the monitoring of compliance and other market control activities of the competent authorities in relation to notifications of data sharing services. The competent authority may also charge discounted fees or allow free of charge notification for small and medium-sized enterprises (SMEs).
Amendment 499 #
2020/0340(COD)
Proposal for a regulation
Article 10 – paragraph 11
Article 10 – paragraph 11
(11) Where a provider of data sharing servicesdata intermediary ceases its activities, it shall notify the relevant competent authority determined pursuant to paragraphs 1, 2 and 3 within 15 days. The competent authority shall forward without delay each such notification to the Commission by electronic means. The Commission without delay shall forward each notification to the national competent authorities inof the Member States and to the Commission by electronic meansby electronic means and update the public register.
Amendment 519 #
2020/0340(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 8
Article 11 – paragraph 1 – point 8
(8) the providerdata intermediary shall take measures to ensure a high level of security, including state-of-the-art cybersecurity, for the storage and transmission of non- personal data; and the intermediary shall further ensure the highest level of security, including state-of-the-art cybersecurity, for the storage and transmission of competitively sensitive information; the data intermediary shall inform the competent authority without delay of any security breach that jeopardises the security of data.
Amendment 535 #
2020/0340(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
(3) The designated competent authorities, the data protection authorities, the national competition authorities, the authorities in charge of cybersecurity, and other relevant sectorial authorities shall exchange the information which is necessary for the exercise of their tasks in relation to data sharing providers and ensure consistency of the decisions taken in application of this directive.
Amendment 693 #
2020/0340(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point b a (new)
Article 27 – paragraph 1 – point b a (new)
(b a) to advise and assist the Commission in developing consistent guidelines on how to best protect, in the context of this Regulation, commercially sensitive data of non-personal nature, notably trade secrets, but also non- personal data representing content protected by intellectual property rights from unlawful access that may lead to IP theft or industrial espionage.
Amendment 708 #
2020/0340(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point e
Article 27 – paragraph 1 – point e
(e) to facilitate the cooperation between national competent authorities, the Commission and other European and international bodies under this Regulation through capacity- building and the exchange of information, in particular by establishing methods for the efficient exchange of information relating to the notification procedure for data sharing service providers and the registration and monitoring of recognised data altruism organisations.
Amendment 7 #
2020/0322(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Health provisions of the Treaties are still largely under-used in terms of the purposes they could be used to achieve. The aim is therefore to ensure that this Regulation makes the best possible use of the legal bases on health set out in the Treaty, in order to manifest the European Union’s strong health policy while preserving the normal functioning of the single market during serious cross-border threats to health.
Amendment 13 #
2020/0322(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In light of the lessons learnt during the ongoing COVID-19 pandemic and in order to facilitate adequate Union-wide preparedness and response to all cross- border threats to health, the legal framework for epidemiological surveillance, monitoring, early warning of, and combating serious cross-border threats to health, as set out in Decision No 1082/2013/EU, needs to be broadened with regard to additional reporting requirements and analysis on health systems indicators, and cooperation by Member States with the European Centre for Disease Prevention and Control (ECDC). Moreover, in order to ensure effective Union response to novel cross- border threats to health, the legal framework to combat serious cross-border threats to health should enable to immediately adopt case definitions for the surveillance of novel threats and should provide for the establishment of a network of EU reference laboratories and a network to support monitoring of disease outbreaks that are relevant to substances of human origin. The capacity for contact tracing should be strengthened via the creation of an automated system, using modern technologies without prejudice to the protection of personal data.
Amendment 14 #
2020/0322(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation should apply without prejudice to other binding measures concerning specific activities or quality and safety standards for certain goods, which provide for special obligations and tools for monitoring, early warning and combatting specific threats of a cross-border nature. Those measures include, in particular, relevant Union legislation in the area of common safety concerns in public health matters, covering goods such as pharmaceutical products, medical devices, personal protective equipment (PPE) and foodstuffs, substances of human origin (blood, tissues and cells, organs), and exposure to ionising radiation.
Amendment 22 #
2020/0322(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) To this end, Member States should provide the Commission with an update on the latest situation with regard to their preparedness and response planning and implementation at national level. Information provided by the Member States should include the elements that Member States are obliged to report to the World Health Organization (WHO) in the context of the International Health Regulations (IHR)15 . In turn, the Commission should report to the European Parliament and to the Council on the state of play and progress with preparedness, response planning and implementation at Union level, including on corrective actions, every 2 years to ensure that national preparedness and response plans are adequate. In order to support the assessment of these plans, EU audits in Member States should be conducted, in coordination with the ECDC and Union agencies. Such planning should include in particular adequate preparedness of critical sectors of society, such as energy, transport, communication or civil protection, which rely, in a crisis situation, on well-prepared gender-sensitive public health systems that are also in turn dependent on the functioning of those sectors and on maintenance of essential services at an adequate level. In the event of a serious cross-border threat to health originating from a zoonotic infection, it is important to ensure the interoperability between health and veterinary sectors for preparedness and response planning. __________________ 15World Health Organization. International Health Regulation (IHR, 2005) https://www.who.int/ihr/publications/9789 241596664/en/
Amendment 33 #
2020/0322(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) As serious cross-border threats to health are not limited to Union borders, joint procurement of medical countermeasures should be extended to include European Free Trade Association States and Union candidate countries, in accordance with the applicable Union legislation. The Joint Procurement Agreement, determining the practical arrangements governing the joint procurement procedure established under Article 5 of Decision No 1082/2013/EU, should also be adapted to include an exclusivity clause regarding negotiation and procurement for participating countries in a joint procurement procedure, to allow for better coordination within the EU. The Commission should ensure coordination and information exchange between the entities organizing any action under different mechanisms established under this Regulation and other relevant Union structures related to procurement and stockpiling of medical countermeasures, such as the strategic rescEU reserve under Decision No 1313/2013/EU of the European Parliament and of the Council16 . The European Commission shall pay special attention to ensure that joint procurement of medical countermeasures within the meaning of Article 12, also includes procurement of orphan drugs. __________________ 16Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924).
Amendment 37 #
2020/0322(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) In order to achieve transparency, the Commission shall provide to the European Parliament complete, timely and accurate information on the ongoing negotiations and give an access to the tender documents for the purposes of carrying out the procedure referred to in Article 12 of this Regulation.
Amendment 57 #
2020/0322(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) This Regulation ensures coordinated action at European Union’s level, in order to avoid the closure of internal borders and the paralysis of the internal market, which could threaten the circulation of basic supplies, including medicines, medical products and personal protective equipment (PPE). It is therefore necessary to ensure the correct implementation of European law in the field of export restrictions through a permanent notification mechanism.
Amendment 59 #
2020/0322(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The European Commission shall ensure that, at the time of the declaration of a state of emergency, the number of accommodation facilities in hospitals in the Member States as well as the number of available accommodation units in intensive care units in the Member States are known, for the purpose of cross- border movement of patients.
Amendment 61 #
2020/0322(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Inconsistent communication with the public and stakeholders such as healthcare professionals can have a negative impact on the effectiveness of the response from a public health perspective as well as on, encourage the dissemination of false information but also negatively affect economic operators. The coordination of the response within the HSC, assisted by relevant subgroups, should, therefore, encompass rapid information exchange concerning communication messages and strategies and addressing communication challenges with a view to coordinating risk and crisis communication, based on robust and independent evaluation of public health risks, to be adapted to national needs and circumstances. Such exchanges of information are intended to facilitate the monitoring of the clarity and coherence of messages to the public and to healthcare professionals. Given the cross-sectoral nature of this type of crises, coordination should also be ensured with other relevant constituencies, such as the Union Civil Protection Mechanism established by Decision (EU) 2019/420 of the European Parliament and of the Council17 . __________________ 17Decision (EU) 2019/420 of the European Parliament and of the Council of 13 March 2019 amending Decision No 1313/2013/EU on a Union Civil Protection Mechanism (OJ L 77I , 20.3.2019, p. 1).
Amendment 66 #
2020/0322(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The occurrence of an event that corresponds to serious cross-border threats to health and is likely to have Union-wide consequences should require the Member States concerned to take particular control or contact-tracing measures in a coordinated manner in order to identify people already contaminated and those persons exposed to risk. The Commission shall ensure the secure processing of such data and shall ensure that they are treated in accordance with the personal data protection. Such cooperation could require the exchange of personal data through the system, including sensitive information related to health and information about confirmed or suspected human cases of the disease, between those Member States directly involved in the contact-tracing measures. The exchange of personal data concerning health by the Member States has to comply with Article 9(2)(i) of Regulation (EU) 2016/679 of the European Parliament and of the Council18 . __________________ 18Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 81 #
2020/0322(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘medical countermeasure’ means medicinal products for human use and medical devices as defined in Directive 2001/83/EC of the European Parliament and of the Council23 and in Regulation (EU) 2017/745 of the European Parliament and of the Council24 or other goods or services for the for the purpose of preparedness and response to a serious cross-border threat to health among which especially drugs for the treatment of orphan diseases. __________________ 23 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). 24Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1).
Amendment 82 #
2020/0322(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
Article 3 – paragraph 1 – point 8 a (new)
(8a) ‘green lines’ means passable and safe passage transit corridors that in case of declared public health emergency at Union level allows Member States to preserve the free circulation of essential goods and medical countermeasures.
Amendment 83 #
2020/0322(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The Health Security Committee (‘HSC’) is hereby established. It shall be composed of representatives of all the Member States, in two working formations:
Amendment 84 #
2020/0322(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) adoption of opinions and guidance, including on specific response measures for the Member States for the prevention and control of serious cross-border threats to health while taking into account the proper functioning of the single market.
Amendment 86 #
2020/0322(COD)
Proposal for a regulation
Article 4 – paragraph 6 – point c a (new)
Article 4 – paragraph 6 – point c a (new)
(ca) remote digital working in situations when the HSC cannot physically meet for justified reasons.
Amendment 95 #
2020/0322(COD)
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. The Union preparedness and response plan also provides for measures to ensure the normal functioning of the single market during serious cross-border threat to health.
Amendment 100 #
2020/0322(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point b – point ii
Article 7 – paragraph 1 – subparagraph 1 – point b – point ii
(ii) capacities: including assessments of risks and capacities to determine priorities for emergency preparedness; surveillance and early warning, information management; access to diagnostic services during emergencies; basic and safe gender- sensitive health and emergency services; risk communications; research development and evaluations to inform and accelerate emergency preparedness;
Amendment 145 #
2020/0322(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. In accordance with the principle of transparency, the Commission shall regularly inform the European Parliament on the negotiations and other details of the joint procurement of medical countermeasures.
Amendment 147 #
2020/0322(COD)
Proposal for a regulation
Article 12 – paragraph 3 b (new)
Article 12 – paragraph 3 b (new)
3b. The European Parliament reserves at all times the right to inspect the uncensored content of all contracts concluded in proceedings under this Article.
Amendment 159 #
2020/0322(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States are responsible for ensuring that the integrated surveillance system is fed on a regular basis with timely and, complete and accurate information, data and documents transmitted and exchanged through the digital platform.
Amendment 165 #
2020/0322(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point c a (new)
Article 22 – paragraph 2 – point c a (new)
(ca) take into account the need for the normal functioning of the single market, in particular the existence of green lines for free circulation of food and other medical countermeasures.
Amendment 166 #
2020/0322(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point c
Article 25 – paragraph 1 – point c
(c) activation of support from the ECDC as referred to in Regulation (EU) …/… [OJ: Please insert the number of Regulation ECDC [ISC/2020/12527]] to mobilise and deploy the EU Health Task Force. and in particular the establishment of a list of accommodation facilities in intensive care units in the Member States for the purpose of potential cross-border relocation of patients;
Amendment 167 #
2020/0322(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point c a (new)
Article 25 – paragraph 1 – point c a (new)
(ca) green lines under Article 25a of this Regulation.
Amendment 169 #
2020/0322(COD)
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25a Free movement of goods and services 1. After recognising a public health emergency under Article 23 of this Regulation, green lines shall be set up to allow the free movement of food and medical countermeasures within the internal market. The Commission is empowered to adopt delegated acts to supplement this Regulation with provisions on the establishment of the green lines referred to in the first subparagraph of paragraph 1. 2. Only on condition that the Commission grants prior authorisation Member States may, in accordance with Article 36 of TFEU, impose export restrictions on medical countermeasures concerning another Member State or Member States during a public health emergency at Union level. Upon receiving a request for prior authorisation referred to in the first subparagraph of paragraph 2 from a Member State, the Commission shall decide whether to grant it without delay. If within five days the Commission has not granted the prior authorisation in question, it shall be deemed granted.
Amendment 171 #
2020/0322(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
By 2025 and every 5 years thereafter the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament and the Council. The evaluation shall be conducted in accordance with the Commission’s better regulation guidelines. The evaluation shall include, in particular, an assessment of the operation of the EWRS and the epidemiological surveillance network, as well as the coordination of the response with the HSC and the impact of the Regulation on the proper functioning of the single market during serious cross-border threats to health.
Amendment 84 #
2020/0306(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes a European Union Single Window Environment for Customs that provides an integrated set of interoperable electronic services at Union and national level through the European Union Customs Single Window Certificates Exchange System to support interaction and information exchange between the national single window environments for customs and the Union non-customs systems referred to in thePart A and Part B of Annex I.
Amendment 92 #
2020/0306(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
A European Union Single Window Environment for Customs is hereby established. It shall include the European Union Customs Single Window Certificates Exchange System, national single window environments for customs and the Union non-customs systems referred to in thePart A of Annex I.
Amendment 93 #
2020/0306(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
The Commission shall adopt delegated acts in accordance with Article 21 amending the lists of Union non-customs systems laid down in Parts A, B and C of Annex I. When adopting those delegated acts, the Commission shall ensure that any system that fulfils the applicable rules laid down in Articles 10 to 15 is added to the list of Part A of Annex I.
Amendment 129 #
2020/0306(COD)
Proposal for a regulation
Chapter V – title
Chapter V – title
Costs of EU CSW-CERTEX, work programme, and monitoring, reviewing and reporting
Amendment 135 #
Amendment 136 #
2020/0306(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The Commission shall regularly monitor the functioning of the European Union Single Window Environment for Customs. The Commission shall regularly review the status of the systems listed in Parts B and C of Annex I with a view to assessing their progress towards compliance with the rules laid down in Articles 10 to 15. If the Commission concludes that a system listed in Parts B or C of Annex I complies with the applicable rules laid down in Articles 10 to 15, it shall adopt a delegated act as mentioned in Article 3(1a) integrating the system into Part A of Annex I.
Amendment 144 #
2020/0306(COD)
Proposal for a regulation
Annex I – subheading 1
Annex I – subheading 1
ANNEX I: Part A Union non-customs formalities covered by EU CSW-CERTEX
Amendment 145 #
2020/0306(COD)
Proposal for a regulation
Annex I a (new)
Annex I a (new)
ANNEX I: Part B Systems that may be used on a voluntary basis by Member States and should be connected by 2023 1. Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items 2. Certificate for International trade of endangered species of wild fauna and flora (CITES) 3. Information and communication system for market surveillance (ICSMS) and Rapid Information Exchange System (RAPEX) 4. Kimberley Process certification scheme for the international trade in rough diamonds 5. Import licence for Forest Law Enforcement, Governance and Trade. 6. Shipments of waste 7. Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) 8. Prior Informed Consent (PIC)concerning the export and import of hazardous chemicals 9. Illegal, Unreported and Unregulated fishing regulation, Catch certificate (EU IUU Catch)
Amendment 146 #
2020/0306(COD)
Proposal for a regulation
Annex I b (new)
Annex I b (new)
Amendment 132 #
2020/0260(NLE)
Proposal for a regulation
Recital 25
Recital 25
(25) The Joint Undertaking should address clearly defined topics that would enable academia and European industries at large to design, develop and use the most innovative technologies in High Performance Computing and quantum computing, and to establish an integrated and federated, secure networked infrastructure across the Union with world- class High Performance Computing and quantum computing capability, high-speed connectivity and leading-edge applications and data and software services for its scientists and for other lead users from industry, including SMEs and the public sector. The Joint Uundertaking should aim be able to work in an agile, simple and flexible manner, in order to ensure that the development and use of top class technologies and infrastructures, addressing the demanding requirements of European scientific, industrial and public sector users. The Joint Undertaking should have in place a set of clear and simple rules, in particular for intellectual property, liability or in-kind contributions to additional activities, in order to enhance attractiveness for all stakeholders and in particular for industry and SMEs.
Amendment 224 #
2020/0260(NLE)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
(3 a) The Joint Undertaking shall implement its mission and objectives in a clear, simple and flexible way in order to increase attractiveness towards industry, SMEs and all relevant stakeholders.
Amendment 48 #
2020/0036(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Commission has, in its Communication of 11 December 2019 entitled ‘The European Green Deal’19 , set out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and, competitive and resilient economy, where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well- being of citizens from environment-related risks and impacts. At the same time, this transition must be just and inclusive, leaving no one behind. _________________ 19 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019.
Amendment 63 #
2020/0036(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Achieving climate neutrality should require a contribution from all economic sectors, with an emphasis on phasing out the use of fossil resources across all sectors. In light of the importance of energy production and consumption on greenhouse gas emissions, the transition to a sustainable, affordable and secure energy system relying on a well-functioning internal energy market is essential. The digital transformation, technological innovation, and research and development are also importantessential drivers for achieving the climate-neutrality objective.
Amendment 69 #
2020/0036(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Climate protection is an opportunity for the European economy and should help securing its industry leadership in global innovation. Sustainable production innovations can promote European industrial strength in key market segments and thus protect and create jobs.
Amendment 86 #
2020/0036(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The Union is responsible only for 9% of the world’s greenhouse gas emissions but already a global leader in the transition towards climate neutrality, and is determined to achieve it in a just, fair and inclusive way as well as help raise global ambition and to strengthen the global response to climate change, using all tools at its disposal, including climate diplomacy.
Amendment 94 #
2020/0036(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The European Parliament called for the necessary transition to a climate-neutral society by 2050 at the latest and for this to be made into a European success story33 and has declared a climate and environment emergency34 . The European Council, in its Conclusions of 12 December 201935 , has agreed on the objective of collectively achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement, while also recognising that it is necessary to put in place an enabling framework and that the transition will require significant public and private investment. The European Council also invited the Commission to prepare a proposal for the Union’s long- term strategy as early as possible in 2020 with a view to its adoption by the Council and its submission to the United Nations Framework Convention on Climate Change. _________________ 33European Parliament resolution of 15 January 2020 on the European Green Deal (2019/2956(RSP)). 34European Parliament resolution of 28 November 2019 on the climate and environment emergency (2019/2930(RSP)). 35 Conclusions adopted by the European Council at its meeting on 12 December 2019, EUCO 29/19, CO EUR 31, CONCL 9.
Amendment 95 #
2020/0036(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Nevertheless, Covid-19 has provoked an unprecedented historical, humanitarian and economic crisis. Thus, the European Union’s policies need to be based on a new in-depth impact assessment taking the new economic reality into account.
Amendment 96 #
2020/0036(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) In order to overcome the Covid-19 crisis and based on the Commission’s Recovery plan for Europe, Europe needs a clear political framework for infrastructure development and research coupled with market economy principles, including expanded emissions trading and a strategic foreign policy. Trade policies must be coherent with the stringent rules applied to industries operating in the internal market, so as to avoid creating unfair competition for European industry. Market economy principles are the most suitable in order to connect climate protection with economic recovery. Successful market economy tools in the industry sector can be used as a model for the building and transport sector.
Amendment 103 #
2020/0036(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The Union should aim to achieve a balance between anthropogenic economy- wide emissions and removals, through natural and technological solutions, of greenhouse gases - domestically within the Union and via international mitigations - by 2050. The Union-wide 2050 climate- neutrality objective should be pursued by all Member States collectively, and the Member States, the European Parliament, the Council and the Commission should take the necessary measures to enable its achievement. Measures at Union level will constitute an important part of the measures needed to achieve the objective.
Amendment 109 #
2020/0036(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
Amendment 113 #
2020/0036(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) Many of the technologies we need to drive forward decarbonisation and digitalisation are yet to be developed. If there are 2030/2050 targets on CO2 reduction, there is also a need to set targets to create the necessary infrastructure in order to have hydrogen available sufficiently to decarbonise energy-intensive energy sectors.
Amendment 120 #
2020/0036(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The Union should continue its efforts to promote circular economy and further support renewable solutions that can substitute fossil-fuel based products and materials.
Amendment 142 #
2020/0036(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Commission, in its Communication ‘The European Green Deal’, announced its intention to assess and make proposals for increasing the Union’s greenhouse gas emission reduction target for 2030 to ensure its consistency with the climate-neutrality objective for 2050. In that Communication, the Commission underlined that all Union policies should contribute to the climate-neutrality objective and that all sectors should play their part. By September 2020, t while considering the polluter pays principle. The Commission should, based on a comprehensive impact assessment with a breakdown per Member State and taking into account its analysis of the integrated national energy and climate plans submitted to the Commission in accordance with Regulation (EU) 2018/1999 of the European Parliament and of the Council36 , the impact of Brexit on the Union’s general ability to reduce greenhouse gas emissions as well as the economic situation post-Covid-19, review the Union’s 2030 target for climate and explore options fordiscuss a new 2030 target of 50 to 55 % emission reductions compared with 1990 levels. Where it considers necessary to amend the Union’s 2030 target, it should make proposals to the European Parliament and to the Council to amend this Regulation as appropriate. In addition, based on the impact assessment result, the Commission should, by 30 June 2021, assess how the Union legislation implementing that target would need to be amended in order to achieve the proposed emission reductions of 50 to 55 % % compared to 1990. _________________ 36Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
Amendment 147 #
2020/0036(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) The Commission should also assess to what extent the use of international market mechanisms could contribute to the cost-effective achievement of the goals of the EU and the Member States. If it considers it necessary, it should submit proposals to the European Parliament and the Council to amend this Regulation, Directive 2003/87/ EC of the European Parliament and of the Council and Regulation (EU) 2018/842 of the European Parliament and of the Council.
Amendment 154 #
2020/0036(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) To ensure the Union and the Member States remain on track to achieve the climate-neutrality objective and progress on adaptation, the Commission should regularly assess progress and gaps in required support. Should the collective progress made by Member States towards the achievement of the climate-neutrality objective or on adaptation be insufficient or Union measures inconsistent with the climate- neutrality objective or inadequate to enhance adaptive capacity, strengthen resilience or reduce vulnerability, the Commission should take the necessary measures in accordance with the Treaties. The Commission should also regularly assess relevant national measures, and issue recommendations where it finds that a Member State’s measures are inconsistent with the climate-neutrality objective or inadequate to enhance adaptive capacity, strengthen resilience and reduce vulnerability to climate change.
Amendment 160 #
2020/0036(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The Commission should ensure a robust and objective assessment based on the most up to date scientific, technical and socio-economic findings, and representative of a broad range of independent expertise, and base its assessment on relevant information including information submitted and reported by Member States, reports of the European Environment Agency, best available scientific evidence, including the reports of the IPCC, the latest stocktake in accordance with Article 14 of the Paris Agreement and UNFCC. Given that the Commission has committed to exploring how the EU taxonomy can be used in the context of the European Green Deal by the public sector, this should include information on environmentally sustainable investment, by the Union and Member States, consistent with Regulation (EU) 2020/… [Taxonomy Regulation] when such information becomes available. The Commission should use European and global statistics and data where available and seek expert scrutiny. The European Environment Agency should assist the Commission, as appropriate and in accordance with its annual work programme.
Amendment 167 #
2020/0036(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 173 #
2020/0036(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) A well-functioning internal energy market is an important component of the energy transition and will help to make it financially viable. The development of smart and digital electricity and gas networks must therefore be given top priority in the multiannual financial framework MFF (TEN networks with Connecting Europe Facility CEF). Covid- 19 recovery programmes must also support the development of transnational energy grids. Effective and swift decision- making procedures are needed to support transnational grid developments, notably in future-oriented and hydrogen- compatible gas infrastructure.
Amendment 177 #
2020/0036(COD)
Proposal for a regulation
Recital 23 b (new)
Recital 23 b (new)
Amendment 206 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The relevant Union institutions and the Member States shall take the necessary measures at Union and national level respectively, to enable the collective achievement of the climate-neutrality objective set out in paragraph 1, taking into account the importance of promoting fairand applying fairness, competitiveness and solidarity among Member States.
Amendment 218 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. By September 2020, tThe Commission shall review the Union’s 2030 target for climate referred to in Article 2(11) of Regulation (EU) 2018/1999 in light of the climate-neutrality objective set out in Article 2(1) and the Covid-19 Pandemic, and explore options for a new 2030 target of 50 to 55% emission reductions compared to 1990. Where the Commission considers that it is necessary to amend that target, it shall make proposals to the European Parliament and to the Council as appropriateThe review shall be based on a thorough impact assessment, with a breakdown per Member State, taking into account the Covid-19 influence on European economy and households, the impact of Brexit and the potential social impact of future measures. Where the Commission considers that it is necessary to amend that target, it shall make proposals to the European Parliament and to the Council as appropriate and set out how the use of international market mechanisms can contribute to the cost-effective achievement of the objectives of the EU and the Member States. The Commission should also pursue in parallel efforts to develop a methodology to calculate life- cycle emissions for some products. The contribution of projects in third countries should be accountable for emission reductions while double counting should be strictly avoided and clear documentation integrated.
Amendment 226 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. By 30 June 2021, the Commission shall assess how the Union legislation implementing the Union’s 2030 target would need to be amended in order to enable the achievement of 50 to 55 % emission reductions compared to 1990 and to achieve the climate-neutrality-objective set out in Article 2(1), and consider taking the necessary measures, including the adoption of legislative proposals, in accordance with the Treaties. When assessing the need to adopt new legislative proposal revising existing legislation and policies, the Commission shall take into consideration regulatory consistency and stability in order to preserve favourable environment for future-proof investments.
Amendment 252 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 9 to supplement this Regulation byshall assess, based on the criteria set out in paragraph 3, the feasibility of setting out an indicative trajectory at Union level to achieve the climate-neutrality objective set out in Article 2(1) until 2050. At the latest within six months after each global stocktake referred to in Article 14 of the Paris Agreement, the Commission shall review the trajectoryand make an appropriate legislative proposal to that effect.
Amendment 257 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The indicative trajectory shall start from the Union’s 2030 target for climate referred to in Article 2(3).
Amendment 263 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. When setting athe options for an indicative trajectory in accordance with paragraph 1, the Commission shall consider the following:
Amendment 287 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) best available technologyies, their current penetration in the market and conditions for their further deployment;
Amendment 298 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point d
Article 3 – paragraph 3 – point d
(d) energy efficiency, energy affordability and security of supply, including any low-carbon technologies;
Amendment 316 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point e
Article 3 – paragraph 3 – point e
(e) fairness and solidarity between and within Member States, as well as Member States' different starting points;
Amendment 331 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point g a (new)
Article 3 – paragraph 3 – point g a (new)
(ga) the need for predictability and regulatory stability for future-proof investments;
Amendment 335 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point h
Article 3 – paragraph 3 – point h
(h) the need to ensure a just and socially fair transition, including the potential social impact of future measures;
Amendment 340 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point i
Article 3 – paragraph 3 – point i
(i) international developments and global efforts undertaken by third countries to achieve the long-term climate objectives of the Paris Agreement and the ultimate objective of the United Nations Framework Convention on Climate Change;
Amendment 341 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point i a (new)
Article 3 – paragraph 3 – point i a (new)
(ia) the prevention of carbon leakage, in particular in energy intensive industries competing at global level;
Amendment 349 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point j a (new)
Article 3 – paragraph 3 – point j a (new)
(ja) the impact of the Covid-19 pandemic on Europe’s economic situation (or global economic disruptions, such as Covid-19);
Amendment 353 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point j b (new)
Article 3 – paragraph 3 – point j b (new)
(jb) impact of Brexit on the Union’s general ability to reduce greenhouse gas emissions.
Amendment 370 #
2020/0036(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall develop and implement, through the national energy and climate plans, adaptation strategies and plans that include comprehensive risk management frameworks, based on robust climate and vulnerability baselines and progress assessments.
Amendment 377 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – introductory part
Article 5 – paragraph 1 – subparagraph 1 – introductory part
By 30 Septem1 October 20238, and every 5 years thereafter, the Commission shall assess, together with the assessment foreseen under Article 29(5) of Regulation (EU) 2018/1999:
Amendment 390 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b a (new)
Article 5 – paragraph 1 – subparagraph 1 – point b a (new)
(b a) the collective progress at global level towards the achievement of the Paris Agreement objectives;
Amendment 391 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b b (new)
Article 5 – paragraph 1 – subparagraph 1 – point b b (new)
(b b) the common progress of all Member States in achieving the EU's industrial policy objectives, in particular the objective of increasing the share of industrial value creation in the EU's total value creation;
Amendment 402 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. By 30 Septem1 October 20238, and every 5 years thereafter, the Commission shall review:
Amendment 404 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) the consistency of Union measures with the climate-neutrality objective set out in Article 2(1) as expressed by the indicative trajectory referred to in Article 3(1) and with the global development in accordance with the Paris Agreement objectives;
Amendment 408 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b a (new)
Article 5 – paragraph 2 – point b a (new)
(b a) the adequacy of the measures to ensure progress towards the EU's industrial objectives as well as to ensure effective protection against carbon leakage;
Amendment 428 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – introductory part
Article 6 – paragraph 1 – subparagraph 1 – introductory part
By 30 Septem1 October 20238, and every 5 years, thereafter the Commission shall assess:
Amendment 432 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point a
Article 6 – paragraph 1 – subparagraph 1 – point a
(a) the consistency of national measures identified, on the basis oftaking into account the National Energy and Climate Plans or the Biennial Progress Reports submitted in accordance with Regulation (EU) 2018/1999, as relevant for the achievement of the climate-neutrality objective set out in Article 2(1) with that objective as expressed by the trajectory referred to in Article 3(1);
Amendment 434 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point b
Article 6 – paragraph 1 – subparagraph 1 – point b
(b) the adequacy of relevant national measures to ensure progress on adaptation as referred to in Article 4.;
Amendment 442 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point b a (new)
Article 6 – paragraph 1 – subparagraph 1 – point b a (new)
(b a) the impact of the implemented measures on the national economic and social situation;
Amendment 444 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point b b (new)
Article 6 – paragraph 1 – subparagraph 1 – point b b (new)
(b b) the effects of the climate policy on industrial value creation and, in particular, on the goal of increasing the share of industrial value creation in total value creation, in order to achieve a more competitive and resilient economy.
Amendment 458 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Where the Commission finds, under due consideration of the collective progress assessed in accordance with Article 5(1), that a Member State’s measures are inconsistent with that objective as expressed by the trajectory referred to in Article 3(1) or inadequatesufficient to ensure progress on adaptation as referred to in Article 4, it may issue recommendations to that Member State. The Commission shall make such recommendations publicly available.
Amendment 468 #
2020/0036(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) European and global statistics and data, including data on losses from adverse climate impacts, where available; and
Amendment 469 #
2020/0036(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(c a) the latest global stocktake referred to in Article 14 of the Paris Agreement;
Amendment 480 #
2020/0036(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Commission shall engage with all parts of society to enable and empower them to take action towards a climate- neutral and climate-resilient society. The Commission shall facilitate an inclusive and accessible process at all levels, including at national, regional and local level and with social partners, industry stakeholders, citizens and civil society, for the exchange of best practice and to identify actions to contribute to the achievement of the objectives of this Regulation. In addition, the Commission may also draw on the multilevel climate and energy dialogues as set up by Member States in accordance with Article 11 of Regulation (EU) 2018/1999.
Amendment 496 #
2020/0036(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 1
Article 10 – paragraph 1 – point 1
Regulation (EU) 2018/1999
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) implement strategies and measures designed to meet the Union’s climate- neutrality objective as set out in Article 2 of Regulation …/… [Climate Law], the objectives and targets of the Energy Union, and for the first ten-year period, from 2021 to 2030, in particular the Union’s 2030 targets for energy and climate;; , and to achieve the EU's industrial policy goals, in particular the goal of increasing the share of industrial value creation in the total value creation of the EU, in order to achieve a more competitive and resilient economy;
Amendment 502 #
2020/0036(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 3
Article 10 – paragraph 1 – point 3
Regulation (EU) 2018/1999
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
(f) an assessment of the impacts of the planned policies and measures to meet the objectives referred to in point (b) of this paragraph, including their consistency with Union’s climate-neutrality objective set out in Article 2 of Regulation …/… [Climate Law], the long-term greenhouse gas emission reduction objectives under the Paris Agreement and the long-term strategies as referred to in Article 15; as well as the EU's industrial policy goals according to COM(2020) 102 final;
Amendment 504 #
2020/0036(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 4 – introductory part
Article 10 – paragraph 1 – point 4 – introductory part
(4) in Article 8(2), the following point (e) iss are added:
Amendment 506 #
2020/0036(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 4
Article 10 – paragraph 1 – point 4
Regulation (EU) 2018/1999
Article 8 – paragraph 2 – point ea (new)
Article 8 – paragraph 2 – point ea (new)
(e a) the way in which the current policies and measures and the planned policies and measures contribute to the achievement of the EU's industrial policy goals in accordance with COM (2020) 102 final.
Amendment 508 #
2020/0036(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 5
Article 10 – paragraph 1 – point 5
Regulation (EU) 2018/1999
Article 11
Article 11
Each Member State shall establish a multilevel climate and energy dialogue pursuant to national rules, in which local authorities, civil society organisation, business community, in particular representatives of SMEs, the digital sector, investors and other relevant stakeholders and the general public are able actively to engage and discuss the achievement of the Union’s climate- neutrality objective set out in Article 2 of Regulation …/… [Climate Law] and the different scenarios envisaged for energy and climate policies, including for the long term, and review progress, unless it already has a structure which serves the same purpose. Integrated national energy and climate plans may be discussed within the framework of such a dialogue.;
Amendment 5 #
2019/2975(RSP)
Citation 2
— having regard to the Charter of Fundamental Rights of the European Union, particularly to Articles 3, 15, 20, 21, 23, 25, 26 and 2647 thereof,
Amendment 25 #
2019/2975(RSP)
Citation 5
— having regard to the Concluding Observations of the UN Committee on the Rights of Persons with Disabilities (UNCRPD Committee) of 2 October 2015 on the initial report of the European Union, including those on the European Union institutions’ compliance with the Convention as public administration,
Amendment 28 #
2019/2975(RSP)
Citation 5 a (new)
- having regard to the General Comments of the UN Convention on the Rights of Persons with Disabilities, as the authoritative guidance on the implementation of the UN CRPD,
Amendment 42 #
2019/2975(RSP)
Citation 20 a (new)
- having regard to the exploratory opinion of the European Economic and Social Committee requested by the European Parliament on the situation of disabled women,
Amendment 47 #
2019/2975(RSP)
Citation 21 a (new)
- having regard to the study of the European Parliament Policy Department C of 2016 on European Structural and Investent Funds and people with disabilities in the European Union,
Amendment 48 #
2019/2975(RSP)
Citation 22
— having regard to the Annual Report 2018 of the European Ombudsman, and specifically her strategic inquiries into how the European Commission ensures that disabled people can access its websites (OI/6/2017/EA), how the European Commission treats disabled people under the Joint Sickness Insurance Scheme for EU staff (OI/4/2016/EA), and the Decision in the joint inquiry in cases 1337/2017/EA and 1338/2017/EA on the accessibility for visually impaired candidates of selection procedures to recruit EU civil servants, organised by the European Personnel Selection Office,
Amendment 59 #
2019/2975(RSP)
Citation 28 a (new)
- having regard to the Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provision on the European Structural and Investments Funds, particularly to articles 4, 6 and 7 12
Amendment 74 #
2019/2975(RSP)
Recital A
A. whereas, as full citizens, all persons with disabilitiedisabled persons have equal rights in all fields of life and are entitled to inalienable dignity, equal treatment, independent living, autonomy and full participation in society;
Amendment 88 #
2019/2975(RSP)
Recital F a (new)
Amendment 93 #
2019/2975(RSP)
Recital F b (new)
F b. whereas article 19 of the UN CRPD states that "States Parties to the present Convention recognize the equal right of all persons with disabilities to live in the community, with choices equal to others, and shall take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community";
Amendment 109 #
2019/2975(RSP)
Recital G a (new)
G a. whereas a considerable proportion of the four million people experiencing homelessness every year have disability, having been largely overlooked as a target group of the UNCRPD and the EU Disability Strategy;
Amendment 158 #
2019/2975(RSP)
Paragraph 2 – introductory part
2. Calls on the Commission to proposepare a comprehensive, ambitious and long-term post-2020 European Disability Strategy (the post-2020 Strategy)
Amendment 168 #
Amendment 175 #
2019/2975(RSP)
Paragraph 2 – indent 4
- reflecting the diversity of persons with disabilitiesdisabled people,
Amendment 177 #
2019/2975(RSP)
Paragraph 2 – indent 4 a (new)
- reflecting the guidance and interpretation of the UNCRPD given by the General Comments of the UNCRPD Committee, including definitions of the key terms,
Amendment 180 #
2019/2975(RSP)
Paragraph 2 – indent 5
- mainstreaming the rights of the children with disabilities into all areas, disabled elders, women and children into all areas; regarding children making sure that the educational institutions are fully inclusive and there will be measures against the Member States that fail to fully include them in their educational systems,
Amendment 196 #
2019/2975(RSP)
Paragraph 2 – indent 5 a (new)
Amendment 200 #
2019/2975(RSP)
Paragraph 2 – indent 5 b (new)
- recognising and addressing the multiple and intersectional forms of discrimination they may face, and in particular the challenges faced by women, girls, children, older and LGBTI disabled people, as well as persons from racial and ethnic minorities.
Amendment 202 #
2019/2975(RSP)
Paragraph 2 – indent 5 c (new)
- setting new rules for the European Union Aviation Safety Agency (EASA) and the International Air Transport Association (IATA) in order to protect the rights of the disabled passengers concerning the safety of the integrity of both their body and equipment when transferred, and the recognition of the need for extra seats in cases of a personal assistant or laying,
Amendment 203 #
2019/2975(RSP)
Paragraph 2 – indent 5 c (new)
- regarding the accessibility of buildings, transportation and media;
Amendment 205 #
2019/2975(RSP)
Paragraph 2 – indent 6 a (new)
- by creating mechanisms for the coordination of portability and adaptability of benefits and services for the disabled people between Member States inside the EU;
Amendment 235 #
2019/2975(RSP)
Paragraph 3
3. Stresses that the post -2020 Strategy should be based on a cross-cutting, comprehensive review of all EU legislation and policy in order to ensure full harmonisation with the provisions of the UNCRPD; insists that it should include a revised declaration of competences including all policy areas in which the EU has legislated or adopted soft law measures that have an impact on persons with disabilitiesdisabled people;
Amendment 253 #
2019/2975(RSP)
Paragraph 4
4. Calls on the Commission to prepare the post-2020 Strategy with the close and systematic involvement of persons with disabilitiesdisabled people and of their representative organisations, and to ensure their accessible and meaningful participation in the implementation, monitoring and evaluation of the post-2020 Strategy also through funding their capacity-building;
Amendment 274 #
2019/2975(RSP)
Paragraph 6
6. Stresses the need for continuous monitoring of the implementation of the UNCRPD; calls for the collection of robust, disaggregated, comparable data on the situation of persons with disabilities to facilitate proper monitoring of progress; urges the Commission to provide adequate resources to the EU CRPD Framework to enable it to perform its functions independently and adequately;For that purpose, calls for:
Amendment 282 #
2019/2975(RSP)
Paragraph 6 – indent 1 (new)
- the collection of robust, disaggregated, comparable data on the situation of disabled people to facilitate proper monitoring of progress,
Amendment 285 #
2019/2975(RSP)
Paragraph 6 – indent 3 (new)
- a flexible mechanism that can provide incentives for the optimal implementation of the CRPD. To that extent, commends initiatives like the Access City Awards and calls for relevant initiatives on the national level;
Amendment 300 #
2019/2975(RSP)
Paragraph 7
7. Calls on the Commission to systematically mainstream the rights of persons with disabilitiesdisabled people in all the relevant EU laws, policies and programmes;
Amendment 318 #
2019/2975(RSP)
Paragraph 8
8. Calls on the Commission to safeguard the UNCRPD-compliant use of EU funds and to ensure that EU funds, in a specific time period of five years, will not contribute to the construction or refurbishment of institutional care settings or any other kind of settings that could easily turn into an institution;
Amendment 327 #
2019/2975(RSP)
Paragraph 8 a (new)
8 a. Calls on the Commission to examine the possibility of legislative and non-legislative proposals regarding the Independent Living strategy that reflects the European Way of Life for the disabled people, by mainstreaming best practices - concerning Independent Living and Personal Assistance, - regarding the assistance for starting a family, - in the field of employment, - in removing all barriers (physical, intellectual, psychological, financial), that prevent disabled people from accessing quality and affordable healthcare services, and provide information in accessible formats, especially for people with lifelong disabilities, - in familiarising disabled and non- disabled people with the social model of disability and combating all stereotypes, like in the area of sexuality, through the development of campaigns and cooperation with the creative industries;
Amendment 364 #
2019/2975(RSP)
Paragraph 9
9. Calls on the Commission to develop a comprehensive campaign in accessible format to raise awareness of the UN CRPD among the persons with disabilitiesdisabled people and the society in general, and promote, coordinate and create educational material that can be used by the national systems;
Amendment 371 #
2019/2975(RSP)
Paragraph 9 a (new)
9 a. Calls on the Commission to ensure the EU Disability Strategy post-2020 includes the end of acts of gender-based violence, such as forced sterilisation and forced institutionalisation;
Amendment 381 #
2019/2975(RSP)
Paragraph 9 c (new)
9 c. Calls on the Commission to create, in cooperation with the private sector, one portal that collects all the instruments provided for the optimal social participation of disabled people,
Amendment 387 #
2019/2975(RSP)
Paragraph 10
10. Calls on the Member States to re- affirm their commitment to promoting, protecting and ensuring the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, including the right to free movement and residence, by all disabled people, and to promoting respect for their inherent dignity also by implementing the post-2020 Strategy and to allocate adequate human and financial resources to its implementation;
Amendment 395 #
2019/2975(RSP)
Paragraph 10 a (new)
10 a. Calls on the Commission to ensure that the post-2020 Strategy will specially promote guaranteed access to employment, trainings, inclusive education, to affordable quality healthcare services, to digital services, to sport activities for disabled people;
Amendment 424 #
2019/2975(RSP)
Paragraph 11
11. Calls on the European Commission and all Member States to ratify the Optional Protocol of the UNCRPD;
Amendment 429 #
2019/2975(RSP)
Paragraph 11 a (new)
11 a. Calls on the Commission and the Member States to promote the term 'disabled people' rather than persons with disabilities and replace it in official documents and websites;
Amendment 446 #
2019/2975(RSP)
Paragraph 12 a (new)
12 a. Calls on the Member States to grant voting rights to every disabled person regardless of intelligence impairments or their ability capacity and facilitate them in the voting process;
Amendment 130 #
Amendment 131 #
2018/2166(DEC)
Motion for a resolution
Paragraph 47 c (new)
Paragraph 47 c (new)
47c. Is deeply worried that an EU legal document, dated 19 November 2018, pointed out that the situation of Czech Prime Minister qualifies as a conflict of interest, because he could influence decisions on the use of Union funds of which companies linked to him had benefited;
Amendment 132 #
2018/2166(DEC)
Motion for a resolution
Paragraph 47 d (new)
Paragraph 47 d (new)
47d. Notes that the Agrofert Holding is the single biggest group in Czech agriculture and food industry, second largest in chemistry and plays a significant role also in forestry; furthermore recalls that Agrofert is also an owner of the MAFRA Publishing Company a.s., one of the largest media groups publishing some of the most popular printed and online media, such as MF DNES, Lidové noviny, iDnes; calls on the Commission to investigate also the situation of the Czech PM as media owner to draw clean conclusions from this case;
Amendment 133 #
2018/2166(DEC)
Motion for a resolution
Paragraph 47 e (new)
Paragraph 47 e (new)
47e. Notes with deep regret that, despite multiple alerts raised by the European Parliament, the Commission has reacted to the issue of the Czech PM only after Transparency International Czech Republic filed a complaint against the conflict of interest of Mr Babiš in June 2018;
Amendment 134 #
2018/2166(DEC)
Motion for a resolution
Paragraph 47 f (new)
Paragraph 47 f (new)
47f. Recalls that the Commission services have asked the national authority responsible for the coordination of EU Funds (Ministry of Regional Development) to provide the following information with respect to funding to enterprises being part of the his company holding: (a) list of all projects financed by the ERDF, Cohesion Fund, ESF, EAFRD which relate to the AGROFERT group since 2012 when the current Prime Minister entered as Minister of Finance the government, and whether the projects are still ongoing or have been completed; (b) the amounts granted, already paid and still to be paid (as well as the Fund concerned) to these companies or to other companies of the AGROFERT group to allow us i) to confirm the amounts mentioned in the complaint and ii) possibly identify other funding, if any; (c) periods when such amounts were granted and paid; (d) whether the projects were subject to verifications (administrative and/or on- the-spot) with respect to such funding and the outcome of such verifications;
Amendment 135 #
2018/2166(DEC)
Motion for a resolution
Paragraph 47 g (new)
Paragraph 47 g (new)
47g. Welcomes that the Czech Ministry of Regional Development has collected the requested information from the different managing authorities concerned and has forwarded it to the Commission;
Amendment 136 #
2018/2166(DEC)
Motion for a resolution
Paragraph 47 h (new)
Paragraph 47 h (new)
47h. Asks the Commission what action it intends to take in light of the recent legal appreciation of the situation;
Amendment 137 #
2018/2166(DEC)
Motion for a resolution
Paragraph 47 i (new)
Paragraph 47 i (new)
47i. Recalls that the European Parliament asked last year the Commission to speed up the conformity clearance procedure opened on 8 January 2016 to get detailed and precise information on the risk of conflicts of interest concerning the State’s Agricultural Intervention Fund in the Czech Republic;
Amendment 142 #
Amendment 143 #
2018/2166(DEC)
Motion for a resolution
Paragraph 47 l (new)
Paragraph 47 l (new)
47l. Notes that there are currently 6 conformity enquiries ongoing in relation to Slovakia; for Rural Development, DG AGRI audits have found a number of deficiencies in the management and control of investment and forestry measures; as regards the management of the area-based direct payments, a DG AGRI audit performed in 2017 indicated that there are certain weaknesses in the administration and control system and an OLAF investigation is currently ongoing on allegations of fraud;
Amendment 144 #
2018/2166(DEC)
Motion for a resolution
Paragraph 47 m (new)
Paragraph 47 m (new)
47m. Asks the Commission to speed up the conformity procedures and keep the EP informed about the follow-up; is of the opinion that measures could be taken on the basis of the financial regulation pending the outcome of the enquiries, as for instance the interruption or suspension of the funds; calls on the Commission to examine the possibility to withdraw of the accreditation of the paying agency;
Amendment 145 #
2018/2166(DEC)
Motion for a resolution
Paragraph 47 n (new)
Paragraph 47 n (new)
47n. Is seriously concerned by the outcomes of the mission of the Budgetary Control Committee of the European Parliament (CONT) to Slovakia that has revealed a serious threat to the Rule of Law in the country, great risk of fraud in the area of Union financing of agriculture and forestry, significant shortcomings in the public procurement procedure, shortcomings in the land management, high risk of conflict of interest within the public administration, this all taking place in a context of a murder of Ján Kuciak, a journalist investigating the aforementioned issues; calls on the Commission and OLAF to take the conclusions and recommendations of the CONT Committee outlined in the report very seriously and take immediate appropriate measures to quickly resolve the dramatic situation in Slovakia;
Amendment 146 #
2018/2166(DEC)
Motion for a resolution
Paragraph 47 n (new)
Paragraph 47 n (new)
47n. Asks the Commission to report to the European Parliament every three months on the follow up in Slovakia concerning the monitoring of the management and control system for direct payments;
Amendment 270 #
2018/2166(DEC)
Motion for a resolution
Paragraph 132 a (new)
Paragraph 132 a (new)
132a. Notes with deep regret that the leaked letter from the Commissioner Oettinger to the Czech PM Mr Babiš offers to the latter one a leeway in his conflict of interest situation, instead of putting the protection of the financial interests of the European Union on the first place, by proposing him to abstain from participation on decisions that concern his personal interest; considers this to be an absolutely insufficient course of action and demands that the Commission takes appropriate measures in this matter that will not only protect the financial interests of the Union but that will set a precedent for similar future cases based on applicable legal framework;
Amendment 8 #
2018/2089(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that the deployment of connected and automated mobility can contribute to road safety, help to reduce road fatalities to zero in Europe by 2050 and traffic congestion, and favour lower emissions, social inclusion and overall transport efficiency and productivity; stresses that societal acceptance will be achieved only if the highest safety and security standards are guaranteed;
Amendment 26 #
2018/2089(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that liability remains an important challenge for the manufacturers and designers of autonomous vehicles. Stresses that additional clarity and certainty in legislation regarding the autonomous driving should be implemented.
Amendment 28 #
2018/2089(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Affirms that technical standards adapted by different brands must be aligned with global guidelines, be drafted using a technology-neutral approach and ensure interoperability; Stresses that international standards should be developed in order to ensure data security, privacy and liability when autonomous vehicles are used globally.
Amendment 36 #
2018/2089(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges all stakeholders, Members States and authorities involved to cooperate in fostering innovation, in ensuring investment in infrastructure fit for automated mobility and in facilitating cross-border testing. Highlights the need to increase investments in undergoing adjustments of current infrastructure, building new infrastructure and also in improving connectedness of the European roads, stresses that digitalisation of the infrastructure requires more investments to contribute to automated mobility.
Amendment 41 #
2018/2089(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Points out that the distrust of European citizens towards automated driving can be observed and therefore awareness campaign increasing confidence of the citizens should be put in place.
Amendment 154 #
2018/2046(BUD)
Motion for a resolution
Paragraph 68 a (new)
Paragraph 68 a (new)
68 a. Recalls the 2014 ECA analysis which estimated the costs of the geographic dispersion of the Parliament to be EUR 114 million per year; furthermore, notes the finding from its resolution of 20 November 2013 on the location of the seats of the European Union’s Institutions1a that 78 % of all missions by Parliament statutory staff arise as a direct result of the Parliament's geographic dispersion; emphasises that the report also estimates the environmental impact of the geographic dispersion to be between 11 000 to 19 000 tonnes of CO2 emissions; reiterates the negative public perception caused by this dispersion and calls therefore for a roadmap to a single seat and a reduction in the relevant budget lines; _________________ 1a OJ C 436, 24.11.2016, p. 2.
Amendment 2 #
2018/2008(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
– having regard to the various surveys, studies and tests carried out in the last years by the Food Inspection Authorities in many Member States in Central and Eastern Europe,
Amendment 9 #
2018/2008(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas all EU citizens deserve equal treatment in regard to food and non-food products sold on the Single Market;
Amendment 39 #
2018/2008(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes, therefore, the recent initiatives announced by the Commission to address this issue, in particular its commitment to delivering a common testing methodology and allocating a budget for its preparation and enforcement and for collection of further evidence; calls for the Commission to coordinate national competent authorities in applying the common testing methodology developed by the JRC in order to ensure a unified interpretation of the methodology by the Member States. Calls on the Commission to come up with a clear mechanisms on how to deal with the cases of the dual quality and propose a suitable structure and process on how Member States together with businesses should tackle the potential dual quality of products;
Amendment 55 #
2018/2008(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the adoption by Parliament of a pilot project for 2018 that will involve a series of market investigations into several categories of consumer products to assess different aspects of dual quality; expects the project to be launched, conducted and published in time, as initially planned;
Amendment 59 #
2018/2008(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages the Parliament, Commission and Member States to make use of all available tools, including pilot and national projects to further asses different aspects of dual quality of foods;
Amendment 76 #
2018/2008(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Agrees with the Commission that in the single market, where consumers have a general understanding of the principles of free circulation and equal access to goods, consumers do not, a priori, expect branded products sold in different countries to differ from each other; also agrees with the Commission that the food and drink operators do not necessarily have to offer identical products across the different geographical areas;
Amendment 83 #
2018/2008(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the Notice is perceived as primarily intended for foodstuffs; believes that provisions on the application of consumer protection law should be applied to all food and non- food products in general;
Amendment 87 #
2018/2008(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that there may be different requirements for the control methods of the national competent authorities; considers that the aim of the work to develop a and they should therefore use the methodology ldeveloped by the Commission’´s Joint Research Centere should be clearly stated so as to prevent conflicting interpretations;
Amendment 97 #
2018/2008(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Reminds the European Commission of its commitment to better monitoring and enhancing the correct application of EU legislation;
Amendment 104 #
2018/2008(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is concerned about restrictions placed on traders when it comes to purchasing goods that may have a negative effect onin consequence limit consumer choice; urges the Commission to identify factors that contribute to a fragmentation of the single market in goods, in particular territorial supply constraints and their implications;
Amendment 106 #
2018/2008(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Invites the European Commission, where appropriate, to make use of competition law to tackle contractual and non-contractual practices that illegitimately restrict consumers’ ability to benefit fully from the Single Market;
Amendment 109 #
2018/2008(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
Amendment 124 #
2018/2008(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises the value of broad and timely public debate that leads to increased consumer awareness about products and their characteristics; notes that some manufacturers and owners of private labels have already announced changes to recipes; highlights the role of industry in improving transparency with regard to product composition;
Amendment 132 #
2018/2008(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls for the increased support of national consumer organisations, so they can build capacity, develop their testing activities and contribute, alongside with competent authorities, to tracking and exposing situations of unfair product differentiation;
Amendment 136 #
2018/2008(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Invites consumer organisations to play an more active role in the public debate and in informing consumers and serve as a first point of contact for the consumers to ensure their rights on the Single Market; calls on the Member States to uphold the functioning of the consumer organizations by strengthening their role to fulfil their tasks in consumer protection;
Amendment 145 #
2018/2008(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that in the light of previous experiences of competent authorities thus far suggest that they have beenwere unable individually to tackle effectively any specific cases of dual quality at national level; calls on Member States to better enforce the Unfair Commercial Practices Directive in order to better ensure that consumers are informed about food products when making a purchasing decision and are not misled by unfair marketing practices; stresses that the Member States shall ensure that the competent national authorities possess adequate technical, financial and human capacities in order to ensure effective enforcement;
Amendment 153 #
2018/2008(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses that any action taken against business operators by enforcement authorities must be proportionate and non-discriminatory;
Amendment 159 #
2018/2008(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Draws attention to the fact that the issue of alleged dual quality is directly related to the essence of the functioning of the single market and consumer trust and therefore requires a solution at Union level, preferably via directly enforceable measures; is convinced that given the possibility of action at national level, Union-level action would safeguard the integrity of the single market;
Amendment 161 #
2018/2008(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Welcomes the European Commission’s efforts to assist national enforcement authorities in identifying unfair commercial practices in the marketing of food products on the basis of the EU harmonised methodology being developed by the Joint Research Center of the European Commission as this issue is directly related to the essence of the functioning of the Single Market and consumer trust;
Amendment 164 #
2018/2008(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that Annex I to the UCPD was drawn up to enable the identification of certain unfair practices and the provision of a more immediate response; agrees with the Commission that listing a practice in Annex I leads to greater legal certainty; underlines together with the Commission that the free movement of goods does not necessarily mean that every product must be identical in every corner of the Single Market; emphasises that business operators are permitted to market and sell goods with different composition and characteristics based on consumer preferences and food reformulation provided that they fully respect EU legislation; however, stresses that these products should not lead to their different quality when they are offered to consumers on different markets;
Amendment 180 #
2018/2008(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Welcomes the Commission´s New Deal for Consumers presented by the European Commission on 11 April 2018 which will tackle dual quality of consumer products by updating the Unfair Commercial Practices Directive in order to make explicit that national authorities can assess and address misleading commercial practices involving the marketing products as being identical in several EU countries, if their composition or characteristics are significantly different;
Amendment 42 #
2018/0232(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) The Programme will be instrumental in facilitating and improving the work of customs authorities for the collection of customs duties, which represent an important source of revenue for the EU and national budgets. By focusing on IT capacity building and increased cooperation in the field of customs, the Programme will effectively contribute to protecting the financial interests of the Union and its Member States.
Amendment 46 #
2018/0232(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) In particular, the Programme should be consistent and exploit any synergies with other EU action programmes and funds with similar objectives in related fields such as the Fiscalis programme, EU anti-fraud programme and Single Market Programme, as well as with the Internal Security Fund and Instrument for Border Management and Visa, the Reform Support Programme, the Digital Europe Programme, the Connecting Europe Facility and the Own resources Decision, implementing regulations and measures.
Amendment 50 #
2018/0232(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding. The overall implementation of the Programme, including contracts financed under it in whole or in part by the Union budget, should respect the principles of transparency, proportionality, equal treatment and non-discrimination.
Amendment 57 #
2018/0232(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR 842 844 000 in 2018 prices (EUR 950 000 000 in current prices).
Amendment 112 #
2018/0145(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Detailed technical requirements and specific adequate test procedures for type- approval of motor vehicles and their trailers, and of systems, components and separate technical units should be laid down in delegated implementing acts before the date of application of this Regulation. Moreover, manufacturers should be allowed sufficient time to adapt to the requirements of this Regulation and the delegated implementing acts adopted pursuant to it. Some vehicles are produced in small quantities. Therefore, it is appropriate that requirements set out in this Regulation and its implementing measures, take into account such vehicles or classes of vehicles where such requirements are incompatible with the use or design of such vehicles, or where the additional burden imposed by them is disproportionate. Therefore, the application of this Regulation should be deferred,
Amendment 114 #
2018/0145(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Detailed technical requirements and specific test procedures for type-approval of motor vehicles and their trailers, and of systems, components and separate technical units should be laid down in delegated acts before the date of application of this Regulation. Moreover, manufacturers should be allowed sufficient time to adapt to the requirements of this Regulation and the delegated acts adopted pursuant to it. Some vehicles are sold and produced in small quantities. Therefore, it is appropriate that requirements set out in this Regulation and its implementing measures, take into account such vehicles or classes of vehicles where such requirements are incompatible with the use or design of such vehicles, or where the additional burden imposed by them is disproportionate. Therefore, the application of this Regulation should be deferred, .
Amendment 122 #
2018/0145(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 3
Article 3 – paragraph 2 – point 3
(3) ‘intelligent speed assistance’speed limit information system’ (meaning ‘intelligent speed assistance’ in a way of informing about the current speed limit) means a system to aid the driver in observing the appropriate speed for the road environment by providing haptic feedback through the accelerator pedal with speed limit information obtained through observation of road signs and signals, based on infrastructure signals or electronic map data, or both, made available in- vehicle;
Amendment 131 #
2018/0145(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 6
Article 3 – paragraph 2 – point 6
Amendment 140 #
2018/0145(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 8
Article 3 – paragraph 2 – point 8
(8) ‘reversing detection’ means a camera or monitor, optical or detection system to make the driver aware of people and objects at the rear of the vehicle with the primary aim to avoid collisions upon reversing;
Amendment 145 #
2018/0145(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 11
Article 3 – paragraph 2 – point 11
(11) ‘lane-keeping system’ means a system monitoring the position of the vehicle with respect to the lane boundary and issuing a warning or applying a torque to the steering wheelsystem, or pressure to the brakes, at least when a lane departure occurs or is about to occur and a collision may be imminent;
Amendment 167 #
2018/0145(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Vehicles of categories M1 and N1 shall be equipped with an accurate tyre pressure monitoring system capable of giving an in-vehicle warning to the driver when a loss of pressure occurs in a tyre, in the interests of optimum fuel consumption and road safety, over a wide range of road and environmental conditions.
Amendment 168 #
2018/0145(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 177 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) intelligent speed assistancespeed limit information system;
Amendment 182 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 189 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Intelligent speed assistanceSpeed limit information systems shall have the following minimum specifications:
Amendment 195 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) it shall be possible for the driver to feel through the accelerator pedal that the applicable speed limit is reached or exceededable to indicate the current speed limit at any time in the vehicle;
Amendment 201 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) it shall not be possible for the driver to switch off or supress the system;
Amendment 213 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) where a cruise control system or a speed limiter is engaged, the intelligcurrent speed assistance system must automatically adapt to any lower speed limitlimit can be adapted by the driver.
Amendment 234 #
2018/0145(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Vehicles of categories M1 and N1 shall be equipped with a lane-keeping system or lane departure warning system.
Amendment 240 #
2018/0145(COD)
Proposal for a regulation
Article 7 – paragraph 4 – point a
Article 7 – paragraph 4 – point a
(a) it shall be possible to switch off systems only one at a time, and only at standstill with the parking brake engaged, by a complex sequence of actions to be carried out by the driver;
Amendment 247 #
2018/0145(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Lane-keeping systems shall apply dynamic corrections to the vehicle’s path from 70 km/h to 130 km/h.
Amendment 257 #
2018/0145(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 277 #
2018/0145(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Vehicles of categories M2, M3, N2 and N3 shall be designed and constructed so as to enhance the direct visibility of vulnerable road users from the driver seat. This should be done for new types of cabs only.
Amendment 302 #
2018/0145(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
It shall apply from [PO: Please insert the date 36 months following the date of entry into force of this Regulation]. The delegated acts referred to in Article 12 shall be published at least 24 months before their application.
Amendment 310 #
2018/0145(COD)
Proposal for a regulation
Annex II – Table – subheading 1 – line 18
Annex II – Table – subheading 1 – line 18
Applies to vehicle categories UN Regulation No Frontal off-set impact M1 and N1 with a maximum A A 94 mass ≤3 2.500 kg
Amendment 311 #
2018/0145(COD)
Proposal for a regulation
Annex II – Table – subheading 1 – line 23
Annex II – Table – subheading 1 – line 23
Side impact, applies to all vehicles of categories M1 and UN Regulation No Side impact N1 inexcluding those with R point A A A 95 point of the lowest seat > 700 mm mm from ground level
Amendment 312 #
2018/0145(COD)
Proposal for a regulation
Annex II – Table – subheading 2 – line 2
Annex II – Table – subheading 2 – line 2
Amendment 325 #
2018/0145(COD)
Proposal for a regulation
Annex II – Table – subheading 3 – line 3
Annex II – Table – subheading 3 – line 3
Amendment 327 #
2018/0145(COD)
Proposal for a regulation
Annex II – Table – subheading 3 – line 14
Annex II – Table – subheading 3 – line 14
Amendment 335 #
2018/0145(COD)
Proposal for a regulation
Annex II – Table – subheading 5 – line 3
Annex II – Table – subheading 5 – line 3
Amendment 97 #
2018/0112(COD)
Proposal for a regulation
Recital 8
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 initiating ofe 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.
Amendment 104 #
2018/0112(COD)
Proposal for a regulation
Recital 9
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 or to services where user-generated content is dominant 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.
Amendment 110 #
2018/0112(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation, taking into account all relevant elements of the case at hand including whether the case was brought in good faith with a reasonable prospect of success. To that aim, the mediator should suggest which proportion is reasonable in the individual case. However, that proportion should never be less than half of those costs.
Amendment 169 #
2018/0112(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Similarly, the ranking of websites by the providers of online search engines, notably of those websites through which undertakings offer goods and services to consumers, has an important impact on consumer choice and the commercial success of corporate website users. Providers of online search engines should therefore provide a description of the main parameters determining the ranking of all indexed websites, including those of corporate website users as well as other websites. In addition to the characteristics of the goods and services and their relevance for consumers, this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether, and if so how and to what extent, certain design characteristics of the website used, such as their optimisation for display on mobile telecommunications devices, is taken into account. In the absence of a contractual relationship between providers of online search engines and corporate website users, that description should be available to the public in an obvious and easily accessible location on the relevant online search engine. To ensure predictability for corporate website users, the description should also be kept up to date, including the possibility that any changes to the main parameters should be made easily identifiable. Whilst the providers are under no circumstances required to disclose any trade secrets as defined in Directive (EU) 2016/943 of the European Parliament and of the Council23 when complying with this requirement to disclose the main ranking parameters, the description given should at least be based on actual data on the relevance of the ranking parameters used. For the avoidance of doubt, any obligation on online search engines to ensure that the description of the main parameters determining ranking is kept up to date shall not require online search engines to reveal any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943. _________________ 23 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).
Amendment 210 #
2018/0112(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation, taking into account all relevant elements of the case at hand including whether the case was brought in good faith with a reasonable prospect of success. To that aim, the mediator should suggest which proportion is reasonable in the individual case. However, that proportion should never be less than half of those costs.
Amendment 219 #
2018/0112(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Various factors, such as limited financial means, a fear of retaliation and exclusive choice of law and forum provisions in terms and conditions, can limit the effectiveness of existing judicial redress possibilities, particularly those which require business users or corporate website users to act individually and identifiably. To ensure the effective application of this Regulation, organisations, associations representing business users or corporate website users, as well as certain public bodsupervisory authorities set-up in Member States, should be granted the possibility to conduct investigations and take action before national courts. Such action before national courts should aim to stop or prohibit infringements of the rules set out in this Regulation and to prevent future damage that could undermine sustainable business relationships in the online platform economy. In order to ensure that such organisations supervisory associationuthorities exercise that right effectively and in an appropriate manner, they should meet certain criteria. Considering the particular status of the relevant public bodies in Member States where such bodies have been set up, it should only be required that those have been specifically charged, in accordance with the relevant rules of national law, with bringing such actions either in the collective interest of the parties concerned or in the general interest, without there being a need to apply those criteria to such public bodies. Any such actions should in no way affect the rights of the business users and corporate website users to take judicial action on an individual basis.
Amendment 250 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
(b) they allowir primary purpose is to enable business users to offer goods or services to consumers, with a view to facilitating theby initiating of direct transactions between those business users and consumers, irrespective on the online portal of wthere those transactions are ultimately concluded provider of the online intermediation services in question or by direct link to that of the business user;
Amendment 261 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. The obligations set out in paragraph 2 of this Article shall not apply to complaints brought by business users reasonably determined by the relevant online intermediation service provider as being abusive, spurious or vexatious.
Amendment 267 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
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 thatwhich could not be resolved by means of the internal complaint-handling system referred to in Article 9.
Amendment 271 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 3
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.
Amendment 277 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. However, providers of online intermediation services shall in any case bear at least half of the total cost.
Amendment 280 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. Providers of online services shall not be obliged to engage in mediation with any business user it reasonably determines is a repeat infringer, including any business user who has brought repeated unsuccessful mediation claims.
Amendment 283 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. OAfter all the other options to settle a dispute between a platform and a business user provided for in this regulation in Article 9 and Article 10 have been exhausted, organisations and associations that have a genuine long- standing and legitimate interest in representing business users or in representing corporate website users and that are authorised and supervised by appropriate Member State public bodies, as well as public bodies set up in Member States, shall have the right to take action before national courts in the Union, in accordance with the rules of the law of the Member State where the action is brought, to stop or prohibit any non- compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in this Regulation.
Amendment 288 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part
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, theyand for the duration of the action, they continue to meet all of the following requirements:
Amendment 293 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a
Article 12 – paragraph 2 – subparagraph 1 – point a
(a) they are properly constituted according to the law of a Member State; and hold a current qualified entity licence issued by the relevant public body of that Member State.
Amendment 296 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b
Article 12 – paragraph 2 – subparagraph 1 – point b
(b) they pursue objectives that are in the collective interest of the group of a majority of business users or corporate website users that they represent, which group must consist of at least 10 independent business users or corporate website users;
Amendment 300 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c
Article 12 – paragraph 2 – subparagraph 1 – point c
(c) they are of a non-profit making character. and are transparent about the source of funding for bringing and continuing the action and can demonstrate that they have sufficient financial resources to represent the best interests of their business or corporate website users and to meet any adverse costs should the action fail;
Amendment 305 #
2018/0112(COD)
(ca) they comply with all codes of ethics and conduct of the public body issuing their licence, and demonstrably act in accordance with the wider public interest;
Amendment 309 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
In Member States where such public bodies have been set up, those public bodies shall have the right referred to in paragraph 1, and shall be entitled to issue the required licence to an organisation or association, where they are charged with defending the collective interests of business users or corporate website users or with ensuring compliance with the requirements laid down in this Regulation, in accordance with the national law of the Member State concerned.
Amendment 312 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2 a (new)
Article 12 – paragraph 2 – subparagraph 2 a (new)
Where a Member State public body issues a qualified entity licence to an organisation or association, that public body shall be responsible for regularly reviewing the status and conduct of that organisation or association to ensure that it is complying with the requirements of this Article. The Member State public body shall immediately revoke the qualified entity licence of any organisation or association found to not to be in compliance with the requirements of this Article.
Amendment 323 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
Providers of online intermediation services shall notify to the business users concerned any envisaged modification of their terms and conditions which are to affect them in a non-negligible and negative manner.
Amendment 327 #
2018/0112(COD)
2. It shall apply from [date: sixtwelve months following the day of its publication].
Amendment 343 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Paragraph 3 shall not apply where a provider of online intermediation services is subject to a legal obligatreasonably believes that to provide the full notice periond 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. ould: (i) breach the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for the provider or its affiliates; (ii) compromise an investigation;(iii) compromise the operation of the online intermediation service; or (iv) cause harm to any user(s) of the online intermediation service or other third parties.
Amendment 356 #
2018/0112(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. WSubject to Article 4(3) below, where a provider of online intermediation services decides to suspend or terminate, in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user concerned, without undue delay, with a statement of reasons for that decision.
Amendment 365 #
2018/0112(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The statement of reasons referred to in paragraph 1 shall contain a referencerefer in a proportionate manner to the specific facts or circumstances that led to the decision of the provider of online intermediation services, as well as a reference to the applicable objective ground or grounds for that decision referred to in Article 3(1)(c).
Amendment 373 #
2018/0112(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. A provider of online intermediation services shall not be obliged to provide a statement of reasons if such provider reasonably believes that to do so would:(i) breach the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for the provider or its affiliates; (ii)compromise an investigation; (iii) compromise the operation of the online intermediation service; or (iv) cause harm to any user(s) of the online intermediation service or other third parties. A provider of online services shall also not be obliged to provide a statement of reasons to any person it reasonably determines is a repeat infringer.
Amendment 383 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
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.
Amendment 412 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 2
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 a non-negligible and negative manner
Amendment 431 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 4
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, (a) not be required to disclose any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943 nor any other business sensitive information, disclosure of which could undermine the provider’s competitive advantage. (b) not be required to disclose any information that would be likely to facilitate either the manipulation of results or the deception of consumers.
Amendment 433 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. 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 information which is to result in consumer harm following manipulation of ranking by business users or corporate business users.
Amendment 576 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
Amendment 586 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Amendment 596 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. The obligations set out in paragraph 2 shall not apply to complaints brought by business users reasonably determined by the relevant online intermediation service provider as being abusive, spurious or vexatious.
Amendment 605 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
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 who are small enterprises within the meaning of Article 2 (2) of the Annex to recommendation 2003/361/EC 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.
Amendment 625 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 3
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.
Amendment 631 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Providers of online intermediation and business users services shall each bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. However, providers of online intermediation services shall in any case bear at least half of the total cost.
Amendment 647 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. Providers of online services shall not be obliged to engage in mediation with any business user it reasonably determines is a repeat infringer, including any business user who has brought repeated unsuccessful mediation claims.
Amendment 655 #
2018/0112(COD)
1. OAfter all the other options to settle a dispute between a platform and a business user provided for in this regulation in Article 9 and Article 10 have been exhausted, organisations and associations that have a genuine long- standing and legitimate interest in representing business users or in representing corporate website users and that are authorised and supervised by appropriate Member State public bodies, as well as public bodies set up in Member States, shall have the right to take action before national courts in the Union, in accordance with the rules of the law of the Member State where the action is brought, to stop or prohibit any non- compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in this Regulation.
Amendment 665 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part
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, they and for the duration of the action, they continue to meet all of the following requirements:
Amendment 668 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a
Article 12 – paragraph 2 – subparagraph 1 – point a
(a) they are properly constituted according to the law of a Member State; and hold a current qualified entity licence issued by the relevant public body of that Member State.
Amendment 672 #
2018/0112(COD)
(b) they pursue objectives that are in the collective interest of the group of a majority of business users or corporate website users that they represent, which group must consist of at least [10] independent business users or corporate website users;
Amendment 677 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c
Article 12 – paragraph 2 – subparagraph 1 – point c
(c) they are of a non-profit making character. and are transparent about the source of funding for bringing and continuing the action and can demonstrate that they have sufficient financial resources to represent the best interests of their business or corporate website users and to meet any adverse costs should the action fail;
Amendment 682 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c a (new)
Article 12 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) they comply with all codes of ethics and conduct of the public body issuing their licence, and demonstrably act in accordance with the wider public interest;
Amendment 687 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
In Member States where such public bodies have been set up, those public bodies shall have the right referred to in paragraph 1,and shall be entitled to issue the required licence to an organisation or association, where they are charged with defending the collective interests of business users or corporate website users or with ensuring compliance with the requirements laid down in this Regulation, in accordance with the national law of the Member State concerned.
Amendment 688 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2 a (new)
Article 12 – paragraph 2 – subparagraph 2 a (new)
Where a Member State public body issues a qualified entity licence to an organisation or association, that public body shall be responsible for regularly reviewing the status and conduct of that organisation or association to ensure that it is complying with the requirements of this Article. The Member State public body shall immediately revoke the qualified entity licence of any organisation or association found to not to be in compliance with the requirements of this Article.
Amendment 722 #
2018/0112(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. It shall apply from [date: six24 months following the day of its publication].
Amendment 38 #
2018/0089(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to enable qualified entities, which represent the collective interest of consumers, to seek remedy through representative actions against infringements of provisions of Union law. The qualified entities should be able to ask for stopping or prohibiting an infringement, and for confirming that an infringement took place and to seek redress, such as compensation, repair or price reduction as available under national laws.
Amendment 57 #
2018/0089(COD)
Proposal for a directive
Recital 10
Recital 10
(10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers are adequately represented the qualified entities should comply with the criteria established by this Directive. In particular, they would need to be properly constituted according to the law of a Member State, which could include for example requirements regarding the number of members, the degree of permanence, or transparency requirements on relevant aspects of their structure such as their constitutive statutes, management structure, objectives and working methods. They should also be not for profit and have a legitimate interest in ensuring compliance with the relevant Union law. These criteria should apply to both qualified entities designated in advance and to ad hoc qualified entities that are constituted for the purpose of a specific action.
Amendment 62 #
2018/0089(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 68 #
2018/0089(COD)
Proposal for a directive
Recital 13
Recital 13
(13) To increase the procedural effectiveness of representative actions, qualified entities should have the possibility to seek different measures within a single representative action or within separate representative actions. These measures should include interim measures for stopping an ongoing practice or prohibiting a practice in case the practice has not been carried out but there is a risk that it would cause serious or irreversible harm to consumers, measures establishing that a given practice constitutes an infringement of law and, if necessary, stopping or prohibiting the practice for the future, as well as measures eliminating the continuing effects of the infringement, including redress. If sought within a single action, qualified entities should be able to seek all relevant measures at the moment of bringing the action or first seek relevant injunctions order and subsequently and if appropriate redressdeclaratory order.
Amendment 72 #
2018/0089(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Qualified entities should be able to seek measures aimed at eliminating the continuing effects of the infringement. These measures should take the form of a redress order obligating the trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate and as available under national laws.
Amendment 76 #
2018/0089(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Member States may require qualified entities to provide sufficient information to support a representative action for redress, including a description of the group of consumers concerned by an infringement and the questions of fact and law to be resolved within the representative action. The qualified entity should not be required to individually identify all consumers concerned by an infringement in order to initiate the action. In representative actions for redress the court or administrative authority should verify at the earliest possible stage of the proceedings whether the case is suitable for being brought as a representative action, given the nature of the infringement and characteristics of the damages suffered by consumers concerned.
Amendment 80 #
2018/0089(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 84 #
2018/0089(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 87 #
2018/0089(COD)
Proposal for a directive
Recital 21
Recital 21
Amendment 102 #
2018/0089(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Member States may provide that a qualified entity and a trader who have reached a settlement regarding redress for consumers affected by an allegedly illegal practice of that trader can jointly request a court or administrative authority to approve it. Such request should be admitted by the court or administrative authority only if there is no other ongoing representative action regarding the same practice. A competent court or administrative authority approving such collective settlement must take into consideration the interests and rights of all parties concerned, including individual consumers. Individual consumers concerned shall be given the possibility to accept or to refuse to be bound by such a settlement.
Amendment 107 #
2018/0089(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Any out-of-court settlement reached within the context of a representative action or based on a final declaratory decision should be approved by the relevant court or the administrative authority to ensure its legality and fairness, taking into consideration the interests and rights of all parties concerned. Individual consumers concerned shall be given the possibility to accept or to refuse to be bound by such a settlement.
Amendment 111 #
2018/0089(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Ensuring that consumers are informed about a representative action is crucial for its success. Consumers should be informed of ongoing representative action, the fact that a trader's practice has been considered as a breach of law, their rights following the establishment of an infringement and any subsequent steps to be taken by consumers concerned, particularly for obtaining redress. The reputational risks associated with spreading information about the infringement are also important for deterring traders infringing consumer rights.
Amendment 116 #
2018/0089(COD)
Proposal for a directive
Recital 33
Recital 33
Amendment 120 #
2018/0089(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Evidence is an important element for establishing whether a given practice constitutes an infringement of law, whether there is a risk of its repetition, for determining the consumers concerned by an infringement, deciding on redress and adequately informing consumers concerned by a representative action about the ongoing proceedings and its final outcomes. However, business-to-consumer relationships are characterised by information asymmetry and the necessary information may be held exclusively by the trader, making it inaccessible to the qualified entity. Qualified entities should therefore be afforded the right to request to the competent court or administrative authority the disclosure by the trader of evidence relevant to their claim or needed for adequately informing consumers concerned about the representative action, without it being necessary for them to specify individual items of evidence. The need, scope and proportionality of such disclosure should be carefully assessed by the court or administrative authority overseeing the representative action having regard to the protection of legitimate interests of third parties and subject to the applicable Union and national rules on confidentiality.
Amendment 130 #
2018/0089(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumers, while ensuring appropriate safeguards at EU and Member State level and their consistent EU-wide application to avoid abusive litigation.
Amendment 140 #
2018/0089(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘collective interests of consumers’ means the interestsgeneral interest of consumers independent of athe number of consumers concerned by the case in question;
Amendment 145 #
2018/0089(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(6 a) 'CPC entity' shall refer to the 'competent authority' as defined by Regulaiton (EU) 2917/2394 of the European Parliament and Council on Cooperation between national authorities responsbile for the enforcement of consumer protection laws.
Amendment 146 #
2018/0089(COD)
Proposal for a directive
Article 4 – title
Article 4 – title
4 Qualified entitiEntities qualified for Article 5 measures and entities qualified for Article 6 measures
Amendment 148 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall ensure that representative actions canreferred to in Article 5 and in Article 6 of this Directive can only be brought by qualified entities designated, at their request, by the Member States in advance for this purpose and placed in a publicly available list. These entities shall be certified and supervised by the CPC entity.
Amendment 151 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – introductory part
Article 4 – paragraph 1 – subparagraph 2 – introductory part
Amendment 158 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point b
Article 4 – paragraph 1 – subparagraph 2 – point b
(b) it has a legitimate interest ins statutes, governance and track record demonstrate its legitimate interest in protecting consumers and ensuring that provisions of Union law covered by this Directive are complied with;
Amendment 160 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c
Article 4 – paragraph 1 – subparagraph 2 – point c
(c) it has a non-profit making character. and a governance structure providing complete independence from third parties and ensuring that no excessive salaries or office costs or other expenses are paid just to fulfill the non-profit criterion, nor is it a vehicle for pursuing litigation for profit controlled by others;
Amendment 163 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
(c a) it has sufficient capacity in terms of human resources, and legal expertise to represent multiple claimants acting in their best interest;
Amendment 165 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c b (new)
Article 4 – paragraph 1 – subparagraph 2 – point c b (new)
(c b) it has in place due procedures to identify, prevent and deal with conflicts of interests;
Amendment 166 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c c (new)
Article 4 – paragraph 1 – subparagraph 2 – point c c (new)
(c c) it has existed for at least 2 years before initiating a representative action.
Amendment 167 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 a (new)
Article 4 – paragraph 1 – subparagraph 2 a (new)
CPC entities may designate an entity as a qualified entity for Article 6 measures if it complies with the following criteria: a) the entity is an independent body, appointed by and accountable to the CPC authority and tasked with protecting the interests of consumers; b) in addition to being a not-for-profit entity, the actions taken by entities for Article 6 measures must be funded exclusively from the entity's own resources without a third party funder or legal representative having a financial interest in the specific outcome of the action; c) the entity's governance structure makes clear that it serves the interests of consumers, rather than any third party, and that it has demonstrated the capacity, knowledge, experience, and ability to serve the interests of the consumers in question over a period of at least two years; d) the entity has the know-how, human and financial resources and ability to conduct the litigation in question efficiently and in the interests of consumers; e) the entity has clearly communicated any costs and risks to those consumers before acting on their behalf; f) the entity has existed for at least 4 years before initiating a declaratory action.
Amendment 170 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 3
Article 4 – paragraph 1 – subparagraph 3
Member States' CPC entities shall assess on a regular basis whether a qualified entity continues to comply with these criteria. Member States shall ensure that the qualified entity loses its status under this Directive if it no longer complies with one or more of the criteria listed in the first subparagraph.
Amendment 172 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 177 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 181 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 182 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. TWithout predjudice to the compliance by a qualified entity with the criteria referred to in paragraph 1 is without prejudlaid down in Article to the right of4, the court or administrative authority toshall examine whether the purpose of the qualified entity justifies its taking action in a specific case in accordance with Article 5(1) or Article 6(1) of this Directive.
Amendment 183 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5 a. Member States shall ensure that representative actions can be brought before national courts or administrative authorities by qualified entities provided that there is a direct relationship between the main objectives of the entity and the rights granted under Union law that are claimed to have been violated in respect of which the action is brought.
Amendment 185 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 192 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
In order to seek injunction orders, qualified entities shall not have to obtaindemonstrate that they have the mandate of at least 10 of the individual consumers concerned or, but shall not be required to provide proof of actual loss or damage on the part of the consumers concerned or of intention or negligence on the part of the trader.
Amendment 196 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that qualified entitionly entities qualified for Article 6 measures are entitled to bring representative actions seeking measures eliminating the continuing effects of the infringement. These measures shall be sought on the basis of any final decision establishing that a practice constitutes an infringement of Union law listed in Annex I harming collective interests of consumers, including a final injunction order referred to in paragraph (2)(b)a declaratory decision regarding the liability of the trader towards the consumers harmed by an infringement of Union law listed in Annex I.
Amendment 204 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Without prejudice to Article 4(4), Member States shall ensure that qualified entities are able to seek the measures eliminating the continuing effects of the infringementwhich are eligible to bring actions under Article 6 are able to seek a declaratory decision regarding the liability of the trader towards the consumers harmed by an infringement of Union law listed in Annex I together with measures referred to in paragraph 2 of this Article within a single representative action, provided the identity of all individuals seeking redress is known to the court before its judgment.
Amendment 207 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4 a. Member States shall ensure that the 'loser pays' principle applies for all types of representative actions.
Amendment 208 #
Amendment 212 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Amendment 222 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. Member States shall ensure that the 'loser pays' principle applies for all types of representative actions.
Amendment 224 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 228 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 239 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 243 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The qualified entity seeking a redress order as referred in Article 6(1)entity qualified for Article 5 actions shall declare at an earlythe stage of the action the source of the funds used for its activity in general and the funds that it uses to support thadmissibility of the action if it uses any funds to support the representative action. It shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail.
Amendment 252 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a a (new)
Article 7 – paragraph 2 – point a a (new)
(a a) to receive any direct or indirect financial benefit through the litigation process or decision;
Amendment 260 #
2018/0089(COD)
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Individual consumers concerned shall be given the possibility to accept or to refuse to be bound by settlements referred to in paragraphs 1, 2 and 3. The redress obtained through an approved settlement in accordance with paragraph 4 shall be without prejudice to any additional rights to redress that the consumers concerned may have under Union or national lawThe redress obtained through an approved settlement in accordance with paragraph 4 must be definitive and applicable to all cases involving the same practice, the same consumers and the same company.
Amendment 266 #
2018/0089(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers at its expense about the final decisions providing for measures referred to in Articles 5 and 6, and the approved settlements referred to in Article 8, by means appropriate to the circumstance of the case and within specified time limits, including, where appropriate, through notifying all consumers concerned individually.
Amendment 269 #
2018/0089(COD)
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. All costs the trader incurs due to the information obligation shall be at the trader's charge only to the extent that the outcome is favourable for the claimant group. Otherwise, the claimant group shall reimburse the trader for the costs.
Amendment 272 #
2018/0089(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 275 #
2018/0089(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 280 #
2018/0089(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall ensure that a final declaratory decision referred to in Article 6(2) is deemed as irrefutably establishing the liability of the trader towards the harmed consumers by an infringement for the purposes of any actions seeking redress before their national courts against the same trader for that infringement. Member States shall ensure that such actions for redress brought individually by consumers are available through expedient and simplified procedures.
Amendment 281 #
2018/0089(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
In accordance with national law, Member States shall ensure that the submission of a representative action as referred to in Articles 5 and 6 shall have the effect of suspending or interrupting limitation periods applicable to any redress actions for the consumers concerned, if the relevant rights are subject to a limitation period under Union or national law.
Amendment 284 #
2018/0089(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall ensure that, at the request of a qualified entity that has presented reasonably available facts and evidence sufficient to support the representative action, and has indicated further evidence which lies in the control of the defendant, provided such information is precisely described and narrowly limited to what is proportionate, the court or administrative authority may order, in accordance with national procedural rules, that such evidence be presented by the defendant, subject to the applicable Union and national rules on confidentiality.
Amendment 289 #
2018/0089(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 291 #
2018/0089(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall take the necessary measures to ensure that ithe party that loses a collective redress action reimburses necessary legal costs borne by the winning party, subject to the conditions provided for in the relevant national law. In cases where the qualified entities are required to inform consumers concerned about the ongoing representative action the related cost may be recovered from the trader if the action is successful.
Amendment 293 #
2018/0089(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall take the measures necessary to ensure that any qualified entity designated in advance in one Member State in accordance with Article 4(1) may apply to the courts or administrative authorities of another Member State upon the presentation of the publicly available list referred to in that Article. The courts or administrative authorities shall accept this list as proof of the legal standing of the qualified entity without prejudice to their right to examine whether the purpose of the qualified entity justifies its taking action in a specific case.
Amendment 173 #
2017/2044(BUD)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65 a. Recalls the 2013 Fox-Häfner report, which estimated the costs of the geographic dispersion of the Parliament to be between EUR 156 million and EUR 204 million and equivalent to 10 % of the Parliament's budget; notes the finding that 78 % of all missions by Parliament statutory staff arise as a direct result of the Parliament's geographic dispersion; emphasises that the report also estimates the environmental impact of the geographic dispersion to be between 11,000 to 19,000 tonnes of CO2 emissions; reiterates the negative public perception caused by this dispersion and calls therefore for a roadmap to a single seat and a reduction in the relevant budget lines;
Amendment 16 #
2017/2003(INI)
Motion for a resolution
Recital b a (new)
Recital b a (new)
b a. Whereas the collaborative economy offers possibilities for young people, migrants, part-time workers and senior citizens to access the labour market;
Amendment 34 #
2017/2003(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that, if developed in a responsible manner, the collaborative economy may create significant opportunities for citizens and consumers, who benefit from enhanced competition, tailored services and lower prices;
Amendment 47 #
2017/2003(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Agrees that the collaborative economy could also generates new entrepreneurial opportunities, jobs and growth, and could play an important role in making the economic system not only more efficient, but also socially and environmentally sustainable;
Amendment 72 #
2017/2003(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points to the risks of increasing regulatory grey areas, the consequent disregard of existing regulations and the fragmentation of the Single Market; is aware that, if not properly governed, these changes could result in legal uncertainty about applicable rules and constraints in exercising individual rights;
Amendment 85 #
2017/2003(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 96 #
2017/2003(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Draws attention to the factNotes that the collaborative economy in Europe has a number of specific traits, as it is generally more rooted at local level, reflecting the European business structure, whichso far consists mainly of SMEs;
Amendment 117 #
2017/2003(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 127 #
2017/2003(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned that, while a large part of the nascent collaborative economy remains unregulated, significant differences are emerging among Member States due to national, regional and local regulations, as well as case-law, posing a risk of fragmentation of the Single Market;
Amendment 151 #
2017/2003(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. AgreStresses that any market access requirements for collaborative platforms and service providers must be necessary, justified and proportionate, and that this assessment should be dependent on whether services are provided by professional or private individuals, making peer providers subject to lighter legal requirements;
Amendment 216 #
2017/2003(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Believes that any new regulationory framework should leverage platforms’ self-governing capacities; is convinced that collaborative platforms themselves could take an active role in such a new regulatory environment by correcting many asymmetric information and other market failures which have been traditionally addressed through regulation, especially by digital trust- building mechanisms;
Amendment 227 #
2017/2003(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 266 #
2017/2003(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Is concerned about the difficulties that have emerged so far in relation to tax compliance and enforcement, despiteWelcomes the increased traceability of economic transactions viathat online platforms enables;
Amendment 277 #
2017/2003(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 304 #
2017/2003(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Underlines the paramount importance of safeguarding workers’ rights in collaborative services, of avoiding social dumping, and of guaranteeing fair working conditions and adequate social protection;
Amendment 313 #
2017/2003(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Is concerned about the risk that on-demand workers might not enjoy genuine legal protection, and that collaborative platforms might pass on their risks to workers with no entrepreneurial responsibilitiesUnderlines that the collaborative economy is offering flexible on-demand work opportunities for people that currently are far from the labour market;
Amendment 351 #
2017/2003(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 361 #
2017/2003(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Emphasises that collaborative financing systems – such as crowd-funding – are successful only when integrated withis an important complement to traditional funding channels intoas part of an effective financing ecosystem;
Amendment 1 #
2017/2002(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission proposals for actions to reduce disparity in education and disadvantages throughout the lifetime of a person, but draws attention to a number of administrative ‘bottlenecks’ which are slowing progress in attaining those objectives in relation to mobility, recognition of qualifications and the social dimension;
Amendment 3 #
2017/2002(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission proposals for actions to reduce disparity in education and disadvantages throughout the lifetime of a person, but draws attention to a number of administrative ‘bottlenecks’ which are slowing progress in attaining those objectives in relation to mobility, recognition of qualifications, alternative pathways to the teaching profession qualifications and the social dimension;
Amendment 7 #
2017/2002(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls that Europe is at the forefront of knowledge, innovation and competitiveness and is among the best in the world in providing balance among employment, social security and business, but there is still significant room for improvement; underlines the importance of the dual system in education in matching the skills of the youth with labour market demands, but stresses that it is essential to strengthen the European education and training systems in all European regions and to increase the number of talents, innovators and researchers; underlines that the development of STEAM and STEM skills should be enhanced in primary school and at an earlier stage, where relevant;
Amendment 11 #
2017/2002(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that there are still administrative obstacles to the cross- border mobility of professionals;
Amendment 12 #
2017/2002(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Underlines that continuous and sustained efforts are needed to attract, support and retain talent and excellence within the teaching profession by ensuring that teachers and trainers have an appropriate working environment and are themselves kept up to date with the latest developments and an open-minded approach to the technological and societal changes; recalls that the Commission is investing in the eTwinning platform which has been beneficial to the exchange of practices and knowledge among teachers and notes that further efforts need to be undertaken in order to attract talents to the profession, including from other professions;
Amendment 15 #
2017/2002(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls, to that end, for the systematic use of the Internal Market Information System (IMI) in order to ensure better administrative cooperation and simpler and faster procedures for the recognition of professional qualifications and continuous professional development requirements of qualified professionals planning to work in another Member State, and to prevent discrimination of all kinds and to ensure a more favorable ecosystem for cross- border workers; calls on the Commission to analyse the need for Member States to swiftly adjust their national qualification of professions towards the changing needs and new emerging professions;
Amendment 16 #
2017/2002(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls, to that end, for the systematic use ofMember States to ensure that the Internal Market Information System (IMI) functions properly in order to ensure better administrative cooperation and simpler and faster procedures for the recognition of professional qualifications and continuous professional development requirements of qualified professionals planning to work in another Member State, and to prevent discrimination of all kinds;
Amendment 18 #
2017/2002(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. States that it is important to go beyond the immediate needs of the labour market and focus also on those aspects of education and training that are able to drive innovation, entrepreneurship and creativity, shape sectors, create jobs and new markets, empower people (including the most vulnerable), enrich democratic life, and develop engaged, talented and active citizens; underlines that the addition of volunteering, internships and trainings to every course is key;
Amendment 21 #
2017/2002(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that closing the skills gap and mismatches in the labour market and promoting opportunities for social mobility, including for vocational training and apprenticeships, is essential to ensure sustainable growth and jobs creation, in particular for SMEs and crafts; underlines that in the increasingly interconnected, culturally diverse, globalised national economies, openness to diversity and understanding of different cultures and attitudes is essential for effective collaboration and innovation;
Amendment 24 #
2017/2002(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines that, while targeting adults with lack of qualifications and skills, we should involve the industry and especially SMEs in providing and training people on these necessary skills for the business to be competitive and the people to feel self-confident; underlines that businesses, and especially SMEs, are the ones providing the jobs of the future and therefore it is essential that they are involved in the education process and in the creation of the training programmes and tools; underlines, furthermore, that it is key that the talents created correspond to the needs of the business sector for human capital and reflect the influence on the labour market through automatisation and robotics; notes that the European Pact for Youth is a successful project for boosting business- education partnerships for youth employability and inclusion which aims at offering more quality apprenticeships and entry level jobs through partnerships with educational and training providers;
Amendment 27 #
2017/2002(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Notes that more attention should be paid to better bridge the cooperation between businesses and especially SMEs and educational and state authorities at different levels within the MSs to estimate the labour market needs of the future; stresses that in this respect creation of clusters could be helpful;
Amendment 32 #
2017/2002(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to provide significant support for the development of digital abilities, functional literacy and global competency (tolerance for diversity), in all age groups, irrespective of employment status, as a first step towards the better alignment of labour market shortages and demand and ultimately – to a peaceful Europe; to that end, encourages the Commission to increase the funding under Horizon 2020, fostering inclusive, innovative and reflective European societies to get the elderly, the unemployed and poorly educated, migrants, people in need of care, people living in remote or poorer areas, persons with disabilities, and the homeless, regardless of their origin, gender and family status to fully participate in society, e-society and the labour market;
Amendment 34 #
2017/2002(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to provide significant support for the development of digital abilities in all age groups, irrespective of employment status, as a first step towards the better alignment of labour market shortages and demand; to that end, encourages the Commission to increase the funding under Horizon 2020, fostering inclusive, innovative and reflective European societies to get the elderly, the unemployed and poorly educated, migrants, people in need of care, people living in remote or poorer areas, and persons with disabilities, and the homeless to fully participate in society and the labour market;
Amendment 40 #
2017/2002(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Asks the Commission to come forward with a methodology for the recognition of the new digital professions and to make provision for appropriate funding for the new educational framework for digital skills as well as to come forward with a methodology for assessment of students' and learners' adequate learning outcomes on the core new skills; .
Amendment 43 #
2017/2002(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Calls on the Commission to pay particular attention to broadening the access to skills development, recognition and validation for people of disadvantaged or segregated background; considers that boosting the role and the function of local Commission's Information centres and partners in small segregated communities is vital to reach people in serious need of opportunities for skills development; calls on the Commission to ensure that the Key Competences Framework takes into consideration the needs of this group for access to education and training opportunities.
Amendment 45 #
2017/2002(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Underlines that the REFIT programme is one of the successful tools to create and maintain more efficient and less bureaucratic regulatory framework, capable to help and setting up and developing companies and fostering their development.
Amendment 65 #
2017/0354(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The producer, or the producer's representative, should be responsible for filling in the information in the mutual recognition declaration as the producer knows the goods best. However, the information that the goods are being made available to end users in the relevant Member State may be in the possession of an importer or a distributor, rather than the actual producer. It should therefore be permissible for another economic operator to fill in this information in place of the producer., provided that the economic operator takes the responsibility for the information filled into the mutual recognition declaration
Amendment 78 #
2017/0354(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Where produceeconomic operators decide not to make use of the mutual recognition declaration mechanism, it should be for the Member State to request the information that it considers necessary for the assessment of the goods, taking due account of the principle of proportionality.
Amendment 92 #
2017/0354(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Any administrative decision taken by competent authorities of Member States pursuant to this Regulation should specify the remedies available so that an economic operator can appeal the decision or bring proceedings before the competent national court or tribunal. The decision should also refer to the problem- solving procedure provided for in this Regulation.
Amendment 93 #
2017/0354(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The Internal Market Problem Solving Network (SOLVIT) is a service provided by the national administration in each Member State aiming to find solutions for citizens and businesses when their rights are breached by public authorities in another Member State. The principles governing the functioning of SOLVIT are set out in the Commission Recommendation 2013/461/EU27. Each Member State must ensure that a national SOLVIT centre is established and that adequate human and financial resources are available to guarantee that the SOLVIT centre takes part in the European SOLVIT network on the basis of the principles set out in the Recommendation 2013/461/EU. _________________ 27 Commission Recommendation 2013/461/EU of 17 September 2013 on the principles governing SOLVIT (OJ L 249, 19.9.2013, p. 10).
Amendment 99 #
2017/0354(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34a) Where the Commission assesses an administrative decision, it is important for economic operators to be able to use such assessment if they bring proceedings before a national court or tribunal. Therefore, in the particular case of administrative decisions subject to this Regulation, bringing proceedings before a national court or tribunal should not prevent the economic operator from using SOLVIT.
Amendment 118 #
2017/0354(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) 'legitimate public interest ground' means any of the grounds set out in Article 36 of the Treaty or any other overriding reasons of public interest as defined by the European Court of Justice in its case-law in relation to Articles 34 and 36 of the Treaty.
Amendment 130 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Amendment 131 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3
Article 4 – paragraph 1 – subparagraph 3
Amendment 159 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 8 – introductory part
Article 4 – paragraph 8 – introductory part
8. If a mutual recognition declaration is not supplied to a competent authority of the Member State of destination in accordance with the requirements of this Article, the competent authority may request any of thethe relevant economic operators to provide the following documentation and information in order to demonstrate for the purposes of an assessment under Article 5 that the goods are lawfully marketed in another Member State:
Amendment 163 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point a
Article 4 – paragraph 8 – point a
(a) any relevant information concerning the characteristics of the goods or type of goods in question;
Amendment 167 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point b
Article 4 – paragraph 8 – point b
(b) any relevant information on the lawful marketing of the goods in another Member State;
Amendment 172 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point c
Article 4 – paragraph 8 – point c
(c) any other information the competent authority considers useful for the purposes of its assessment.
Amendment 232 #
2017/0354(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission's opinion shall be consideredmmunicated to all parties involved in the case as well as to the Member States’ competent authorities responsible for market control activities by means of the system referred to in Article 11. The opinion shall be taken into account during the SOLVIT procedure referred to in paragraph 1.
Amendment 236 #
2017/0354(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
Amendment 247 #
2017/0354(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. For the purpose of paragraph 1, the Commission shall establish a Coordination Group (the ‘Group’). The Group shall be composed of representatives from the competent authorities and the Product Contact Points of the Member States. Competent authorities shall be represented on the basis of the particular knowledge and experience required in accordance with the subject matter in question.
Amendment 258 #
2017/0354(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 a (new)
Annex I – paragraph 1 – point 1 a (new)
1a. Name and address of the economic operator drawing up the mutual recognition declaration:
Amendment 260 #
2017/0354(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 7 – paragraph 4
Annex I – paragraph 1 – point 7 – paragraph 4
And if another economic operator fills in point 5 :
Amendment 148 #
2017/0086(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to allow citizens and business to directly enjoy the benefits of the internal market without unnecessary additional administrative burden, this Regulation should require full digitalisation of the user interface of certain key procedures for cross-border users, which are listed in Annex II to this Regulation and provide the criteria for defining how the procedure qualifies as fully online. Such a requirement of full digitalisation should only apply where those procedures exist in the Member States. The "registration of business activity" is one of such procedures of particular relevance for businesses. It should not, however, cover the procedures leading to the constitution of companies or firms as legal entities as such procedures necessitate a comprehensive approach aimed at facilitating digital solutions throughout a company’s lifecycle. When businesses establish themselves in another Member State, they are required to register with a social security scheme and an insurance scheme in order to register their employees and pay contributions to both schemes. Those procedures are common for all businesses operating in any sector of the economy, and it is therefore appropriate to require that those two registration procedures are made available online.
Amendment 211 #
2017/0086(COD)
2. Each Member States shall ensure that users can access and complete the procedures listed in Annex II fully online, where such procedures exist in the Member State concerned.
Amendment 6 #
2016/2305(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Reminds that the digital divide represented by the connectivity gap between rural and metropolitan areas needs to be closed since the EU cannot afford to miss opportunities to connect rural areas, that are largely behind in the light of the results of the EC's Digital Economy & Society Index (DESI) - broadband is available to 71% of European homes but only to 28% in rural areas, mobile broadband (4G and others) is available to 86% of European homes but only to 36% in rural areas;
Amendment 10 #
2016/2305(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Welcomes EC's intention to work with the MS's and industry towards the voluntary establishment of a common timetable for the launch of early 5G networks by the end of 2018, followed by the launch of fully commercial 5G services in Europe by the end of 2020;
Amendment 26 #
2016/2305(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the Connecting Europe Broadband Fund, a fund for broadband infrastructure open to participation of National Promotional Banks and Institutions and of private investors, which will be a step further to bring infrastructure investments to underserved less populated and rural and remote areas;
Amendment 31 #
2016/2305(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Calls on the Commission to assess the National Broadband Plans to identify gaps, and to formulate country-specific recommendations for further action;
Amendment 32 #
2016/2305(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Calls on the European Commission to ensure, maintain and develop financing for the 5G Action Plan at the proper level within the horizon of the next Multiannual Financial Framework 2020-2027;
Amendment 36 #
2016/2305(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the need to align the basic rules for the allocation of new spectrum within the 700 MHz band for wireless broadband and to consider awarding sufficiently long-lasting licences so as to give predictability to investorsand certainty of investment return, while stressing that an agreement on the harmonisation of the full set of spectrum bands below and above 6 GHz is strategically important for 5G deployment and needs to be reached by the end of 2017;
Amendment 38 #
2016/2305(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the need to align the basic rules for the allocation of new spectrum within the 700 MHz band for wireless broadband and to consider awarding sufficiently long-lasting licences so as to give predictability to investors, while stressing that an agreement on the harmonisation of the full set of spectrum bands below and above 6 GHz is strategically important for 5G deployment and needs to be reached by the end of 2017 long before the 2019 World Radiocommunication Conference (WRC- 19);
Amendment 49 #
2016/2305(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Underlines the still unimaginable opportunities of cloud technologies, big data and the Internet of Things offer for being a driver of growth and jobs and to improving the lives of every citizen – provided that reliable connectivity reaches everyplace;
Amendment 51 #
2016/2305(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Recalls that 5G will enable new high-quality services, connect new industries and ultimately improve the customer experience for increasingly sophisticated and demanding digital users;
Amendment 57 #
2016/2305(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Insists not only in the urgency of accelerating investments on research and innovation on 5G technology but also on the development of more efficient ways to bring swiftly the results of research and innovation to the marketplace;
Amendment 61 #
2016/2305(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Considers that the Union should establish and make available 5G skills development curricula in partnership with the EIT Digital to avoid digital divide and exclusion;
Amendment 65 #
2016/2305(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Believes that a bottom-up system should be promoted and each sector should work out its own roadmap for standardisation, relying on industry-led processes, with a strong will to reach common standards which could have the capacity to become worldwide standards;
Amendment 66 #
2016/2305(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Recalls the need to raise further public awareness of the benefits of the use of Internet for citizens and for businesses since it enhances economic and social opportunities and is a tool that may foster inclusion and create increased opportunities for less developed areas of the Union;
Amendment 67 #
2016/2305(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Looks forward to a truly converging network environment, where wired and wireless communications use a common infrastructure, driving the society forward to an enhanced network society, such as in the case of driverless cars, e-commerce, e-working, e- Agriculture and Farming - the motto for technological agriculture in the 21st century being "produce more with less";
Amendment 75 #
2016/2305(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes the need to strongly engage with all stakeholders, from the EU institutions to the Member States, from the private sector to civil society, in order to develop a common and shared vision underpinned by the idea that digital technologies and communications have the potential to create a better life for all, e.g. at present healthcare costs are rocketing and European population is ageing: technology has the potential to help restructure our healthcare model from treatment to prevention;
Amendment 80 #
2016/2305(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Recommends that the Commission should establish an annual progress review and recommendations reporting on the 5G Action Plan, and inform Parliament of the results;
Amendment 7 #
2016/2276(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas the raison d'être of the digital single market is to avoid fragmentation between national legislations and to abolish technical, legal and tax barriers to allow businesses, citizens and consumers to fully benefit from digital tools and services;
Amendment 41 #
2016/2276(INI)
Motion for a resolution
Recital E
Recital E
E. whereas numerous online platforms not only provide access to goods and services, but also play a more activen important role in relation to consumers and other actors;
Amendment 46 #
2016/2276(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the Commission is carrying out a number of assessments of consumer protection rules and B2B practices engaged in by online platforms towards their business users;
Amendment 50 #
2016/2276(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas numerous consultations with consumers and other stakeholders have proved that the terms of use and conditions provided by internet platforms in many cases are lacking clarity and user-friendly form;
Amendment 51 #
2016/2276(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas some online platforms serve as gateways, serious concerns arise when they become gatekeepers restricting access to consumers and to business opportunities, in particular where they also compete directly in downstream markets, for which they control access to ;
Amendment 80 #
2016/2276(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that, although many pieces of EU legislation apply to online platforms, it is frequently the case that they are not enforced properly or have not been adapted to the online world; believes, therefore, that a consideration should be given to the question of whether there is a need to complement the current legal framework in order to remedy this situation;
Amendment 91 #
2016/2276(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. NoteRegrets that there is currently no consensus on the definition of online platforms due to the multitude of different types of platforms, which may lead to uncertainty for businesses and to fragmentation of the EU’s internal market through a proliferation of regional or national rules; stresses the difficulties to regulate a concept which is not even defined at the European level;
Amendment 101 #
2016/2276(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the Commission’'s ongoing work on online platforms, including consultations of stakeholders and carrying out an impact assessment, and considers that Online Platforms shall be defined at the European level taking into account their characteristics and differences, such as their sector of activities and the level of interaction to avoid any fragmentation in the EU;
Amendment 114 #
2016/2276(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that certain features ofonline platforms are, to a greater or lesser extent, characterise online platforms, such asd by certain common features which include their operating in multi-sided markets, enabling parties belonging to two or more distinct user groups to enter into direct contact by electronic means, offering online services based on the classification or referencing of content, goods or services proposed or put on-line by third parties, the bringing together of several parties with a view to the sale of a good, the provision of a service or the exchange or sharing of content, goods or services;
Amendment 138 #
2016/2276(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that online platforms take advantage of the enormous and ever- increasing number of mobileconnected devices;
Amendment 147 #
2016/2276(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines that the increasingly widespread use of smartphones and tablet, tablets and internet of things has further extended access to online platforms, thereby enhancing their role in the economy and society, particularly among young people;
Amendment 158 #
2016/2276(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Commission to continue to promote the growth of European online platforms and strengthen their ability to compete globally; regrets the EU’s low share of online platform-firms in terms of market capitalisation on online platforms; stresses the importance of removing obstacles that hamper the smooth operation of online platforms across borders and disrupt the functioning of the European digital sinternalgle market;
Amendment 186 #
2016/2276(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that some online platforms realisenable the collaborative economy; 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;
Amendment 207 #
2016/2276(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believes that a clear-cut and level playing field is needed in order to allow online platforms to comply with their responsibilities and the rules on liability and calls on the Commission to develop further steps to that effect;
Amendment 261 #
2016/2276(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that online platforms should develop more effective voluntary measures and technical means tof identifying and eliminatinge illegal and harmful content in particular in areas such as incitement to terrorism, hate speech and child sexual abuse;
Amendment 273 #
2016/2276(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Invites the Commission to rapidly conclude its review of the need for formal notice-and-action procedures as a promising way to strengthen the liability regime in a harmonised way across the EU;
Amendment 275 #
2016/2276(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23 b. Believes that the compliance with the General Data Protection Regulation and Network and Information Security Directive is essential as regards data ownership, access and transferability, as well as liability;
Amendment 306 #
2016/2276(INI)
Motion for a resolution
Paragraph 26
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; stresses the importance of technologyical neutrality and having the same rules apply online and offline;
Amendment 320 #
2016/2276(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Underlines that the Internet of the future cannot succeed without users’ trust in online platforms, greater transparency, better control of ranking systems and advertising, and online platforms respecting all applicable legislation and the legitimate interests of users;
Amendment 332 #
2016/2276(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses the importance of transparency in relation to data collection and considers that online platforms must respond to users’ concerns by informing them more effectively about what personal data is collected and how it is shared and used in line with the EU data protection framework;
Amendment 342 #
2016/2276(INI)
Motion for a resolution
Paragraph 30
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, or to assess the need to set up an authority which could provide identical and efficient consumer protection in relation to online platforms activities;
Amendment 345 #
2016/2276(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Welcomes the Commission intention to further assess any additional need to update existing consumer protection rules in relation to platforms as part of the REFIT check of EU consumer and marketing law in 2017;
Amendment 347 #
2016/2276(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Encourages online platforms to provide clear, comprehensive and user- friendly ways of presenting their terms and conditions in order to enhance consumer protection and bolster trust; considers that online platforms should fully respect existing EU legislation and should avoid using complex terms and conditions that are hardly understandable for consumers;
Amendment 356 #
2016/2276(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Underlines that monopolies, concentration and in particular abuse of dominant position, must be avoided and stresses also that dominant online platforms should not impose disproportionate obligations on consumers or business users;
Amendment 357 #
2016/2276(INI)
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32 b. Stresses that transparency and impartiality are vital principles in this economy and that even complex algorithms have to respect them;
Amendment 358 #
2016/2276(INI)
Motion for a resolution
Paragraph 32 c (new)
Paragraph 32 c (new)
32 c. Welcomes the Update of the Guidance of the UCPD which aims to make clearer how the Directive should be applied in the ecosystem of online platforms;
Amendment 359 #
2016/2276(INI)
Motion for a resolution
Paragraph 32 d (new)
Paragraph 32 d (new)
32 d. Stresses the importance of greater transparency for users to understand how the information presented to them is filtered, shaped or personalised;
Amendment 360 #
2016/2276(INI)
Motion for a resolution
Paragraph 32 e (new)
Paragraph 32 e (new)
32 e. Underlines that differences between sponsored and any other content must be clearly made, and that criteria used to rank offers of information, such as in search engines or comparison sites, must be known;
Amendment 361 #
2016/2276(INI)
Motion for a resolution
Paragraph 32 f (new)
Paragraph 32 f (new)
32 f. Believes that online platform providers should inform consumers about the ranking systems and principles, including the sponsored search results and online rating and review systems in a clear and visible manner in order to enable an informed choice;
Amendment 376 #
2016/2276(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Considers that, in order to ensure a balanced approach and avoid the over- regulation, criteria and a market power threshold should be defined to include those platforms that are gatekeepers and control access to the final consumers; considers that a focused legislative instrument, based on principles only applicable to these platforms, should prohibit a certain set of practices, in particular where they are detrimental to consumers and market competitiveness;
Amendment 380 #
2016/2276(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Commission to assess the current Intellectual Property Rights (IPR) Enforcement Directive6 , in order to ascertain how to contribute more effectivelyoblige all intermediaries in the value chain, including internet service providers, to contribute to the fight against counterfeiting by adopttaking proactive, proportionate and effective measures to prevent the marketing, promotion and distribution of counterfeited goods; _________________ 6 OJ L 195, 2.6.2004, p. 16.
Amendment 422 #
2016/2276(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Is concerned about problematic B2Band increasing B2B unfair trading practices by online platforms, such as a lack of transparency (e.g. in search results) or pricing) promotion of advertising or sponsored results while diminishing the visibility of the non-paid results or and possible abuses of the dual role of platforms as intermediaries and competitors;
Amendment 428 #
2016/2276(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Notes that where platforms play this dual role, they have economic incentives to discriminate in favour of their own products and services, to the detriment of consumers competition and innovation; notes that this conduct can take various forms, including restricting communication with consumers, imposing discriminatory pricing policies and other B2B terms that reduce the visibility and viability of competing services;
Amendment 431 #
2016/2276(INI)
Motion for a resolution
Paragraph 40 b (new)
Paragraph 40 b (new)
40 b. Welcomes the targeted fact-finding exercise on B2B practices to be conducted by Commission by spring 2017 and urges to present effective steps to ensure fair competition;
Amendment 436 #
2016/2276(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. WHaving in mind the recent revelations involving big digital companies and their tax planning practices in the EU, welcomes the efforts made by the Commission to fight tax avoidance and harmful competition and calls on the Member States and the Commission to propose further reforms to prevent tax avoidance practices in the EU;
Amendment 450 #
2016/2276(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Regrets that the EU’s presence in the world market is barely felt, 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 globally competitive economy;
Amendment 461 #
2016/2276(INI)
Motion for a resolution
Paragraph 45 b (new)
Paragraph 45 b (new)
45 b. Believes that Europe has the potential to become a major player in the digital world and considers that the EU should pave the way for an innovation- friendly climate in Europe by ensuring a watertight legal framework protecting all stakeholders;
Amendment 462 #
2016/2276(INI)
Motion for a resolution
Paragraph 45 c (new)
Paragraph 45 c (new)
45 c. Calls on the European Institutions to foster the development of European start-ups and help set up market-leading European online platforms, provide suitable financing arrangements, protect consumers (e.g. by establishing a European fairness rating agency with legal and technical expertise for instance), and adopt the necessary rules;
Amendment 4 #
2016/2274(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European standardisation system is a central element in the delivery of the single market and whereas the Commission’s action to set out a common vision for European standardisation is a direct result of the Juncker Commission’s ten priorities and, in particular, the priorities on Connected Digital Single Market and the Single Market Strategy;
Amendment 8 #
2016/2274(INI)
Motion for a resolution
Recital C
Recital C
C. whereas European standards need to be developed in an open, inclusive and transparent system, based on consensus among all stakeholders, with the aim of defining strategic technical or quality requirements with which current or future products, production processes, services or methods may comply, and whereas the European standardisation system plays a key role in responding to the increasing need, in European policy and legislation, for standards capable of ensuring product safety, accessibility, innovation, interoperability and sustainability;
Amendment 12 #
2016/2274(INI)
Motion for a resolution
Recital D
Recital D
D. whereas standards are a necessary tool for the operation of the Single Marketa modern and flexible European standardisation system is a crucial component for an ambitious and renewed European industrial policy, and whereas ithey can enhance European competitiveness, growth and innovation, and support quality, businesses performance and the protection of consumers, workers and the environment;
Amendment 21 #
2016/2274(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas it is necessary to develop a strategic approach to ICT standardisation and review the current system in order for it to remain successful and respond to the needs of the forthcoming decade, thereby allowing the European Union to maintain a leading role in the global standardisation system;
Amendment 24 #
2016/2274(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the overreaching Commission standardisation package, which together with the ICT Standards Communication and the Joint Initiative on standardisation, aims at setting out a coherent European Standardisation System (ESS) with a view to preserving its many successful elements, improving its deficiencies and striking the right balance between the European, national and international dimensions; stresses that any review should build on the strengths of the existing system, which constitute a solid basis for improvement, refraining from any radical changes that would undermine the core values of the system;
Amendment 41 #
2016/2274(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. DeemsStresses that the review of the European standardisation system must contribute to European innovation and enhance the Union's competitiveness, strengthen its place in international trade and benefit the welfare of its citizens; deems therefore it important that European standards are promoted at a global level and that the Commission and Member States work in this direction, and pay more attention to the global role and relevance of standards, when getting involved in standardisation work;
Amendment 53 #
2016/2274(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that Regulation 1025/2012 has improved the inclusiveness of the ESS, but regrets that there are still many practical barriers for SMEs, consumers, workers and environmental organisations to participate actively in the standardisation processstresses that SMEs, although they represent an essential part of the European market, are not adequately involved in the standardisation system and cannot, therefore, exploit entirely the benefits derived from standardisation; believes that it is essential to improve their representation and participation in the standardization system; asks the Commission to identify, through its impact assessment in the context of the revision of the European standardisation system, the best way to reach this aim, and calls on the Commission to address the challenges to further involvement;
Amendment 62 #
2016/2274(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Considers that the European ICT standardisation should be part of a European digital strategy to create economies of scale, budget savings and improved competitiveness for European companies, and to increase cross-sectoral and cross-border interoperability of goods and services through the faster definition, in an open and competitive way, of voluntary, market-driven and global standards that are easily implemented by SMEs;
Amendment 65 #
2016/2274(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Supports opentresses that open, voluntary, inclusive and consensus-oriented standardisation processes have been effective as a driver of innovation, interconnectivity and deployment of technologies, butand recalls that it is also important to ensure proper investment and expertise in, and the development of, cutting-edge technologies;
Amendment 93 #
2016/2274(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on the Commission to close discussions about the 'perceived need' of a science cloud and to take immediate action on the European Open Science Cloud in close concert with Member States, which should seamlessly integrate existing networks, data and high- performance computing systems and e- infrastructure services across scientific fields, within a framework of shared policies and ICT standards;
Amendment 112 #
2016/2274(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the commitment, made in the context of the JIS, to develop a study on the economic and social impact of standards, and invites the Commission to base the study on quantitative and qualitative data, and to analyse both the business model of the standardisation process and the different financial models – including opportunities and challenges – for making access to harmonised standards freeeasily available;
Amendment 115 #
2016/2274(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Urges the Commission to ensure that services standards are developed with the objective of improving the safety and quality of services and of prioritising areas with the highest detriment to consumers without encroaching upon existing national regulatory requirements, in particular provisions on labour law, collective agreements and bargaining; recognises furthermore that service standards often respond to national specificities and that their development is related to the needs of the market, the interests of consumers and the public interest; stresses, that the development of European service standards, and the drawing-up by professional bodies of their own quality charters or labels at Union level should benefit further harmonisation in the services sector, increase the transparency, quality and competitiveness of European services and promote competition, innovation, the reduction of trade barriers and consumer protection;
Amendment 149 #
2016/2274(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Asks the Commission to develop technology-watch activities so as to identify future development of ICT that could benefit from standardisation; to facilitate the flow and transparency of information necessary for market penetration and the operation of these technologies; and, in this connection, to promote easily accessible and user- friendly evaluation mechanisms via the internet;
Amendment 156 #
2016/2274(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Calls on Member States to use European ICT standards in public procurement procedures in order to improve the quality of public services and foster innovative technologies; stresses, however, that the use of standards should not result in additional barriers, in particular for small businesses seeking to participate in public procurement procedures;
Amendment 157 #
2016/2274(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Calls on the Member States to try applying common standards and good practice with regard to digital administration, focusing in particular on judicial bodies and local authorities;
Amendment 48 #
2016/2272(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to establish minimum resistance criteria for each product category from the design stage, by working in the European Committee for Electrotechnical Standardisation (CENELEC) to lay down standards which coverwhich guarantee product robustness, reparability, upgradeability, etc.;
Amendment 55 #
2016/2272(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 79 #
2016/2272(INI)
Motion for a resolution
Paragraph 4 – indent 5
Paragraph 4 – indent 5
- by standardising the spare parts andencouraging the standardisation of the tools necessary for repair, in order to improve the performance of repair services,
Amendment 84 #
2016/2272(INI)
Motion for a resolution
Paragraph 4 – indent 6
Paragraph 4 – indent 6
- by poolroviding information on the availability of parts, repair guides, etc., where appropriate through the establishment of a digital platform;
Amendment 102 #
2016/2272(INI)
Motion for a resolution
Paragraph 5 – indent 3
Paragraph 5 – indent 3
Amendment 113 #
2016/2272(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that the option of going to an independent repairer should always be safeguarded, for example by banning technical or software-related schemes which prevent repairs from being performed other than by approved firms or bodiesbe encouraged;
Amendment 118 #
2016/2272(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 124 #
2016/2272(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 130 #
2016/2272(INI)
Motion for a resolution
Paragraph 10 – indent 1
Paragraph 10 – indent 1
- to consult with the relevant stakeholders in order to develop a usage- based sales model which benefits everyone,and analyse how product usability periods can be maximised;
Amendment 132 #
2016/2272(INI)
Amendment 138 #
2016/2272(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 156 #
2016/2272(INI)
Motion for a resolution
Paragraph 14 – indent 1
Paragraph 14 – indent 1
- the promotion of a voluntary European label covering, in particular, the product’s durability, ecodesign features, upgradeability in line with technical progress and repairability,
Amendment 158 #
2016/2272(INI)
Amendment 165 #
2016/2272(INI)
Motion for a resolution
Paragraph 14 – indent 4
Paragraph 14 – indent 4
Amendment 187 #
2016/2272(INI)
Motion for a resolution
Paragraph 17 – indent 1
Paragraph 17 – indent 1
Amendment 193 #
2016/2272(INI)
Motion for a resolution
Paragraph 17 – indent 2
Paragraph 17 – indent 2
Amendment 202 #
2016/2272(INI)
Motion for a resolution
Paragraph 17 – indent 4
Paragraph 17 – indent 4
- by simplifying proof of purchase for the consumer by linking the guarantee to the goods rather than the purchaser, through the introduction of digital proof of guarantee across the board;
Amendment 205 #
2016/2272(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 213 #
2016/2272(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Expects standards to be laid down for a minimum lifespan for software, and cCalls for greater transparency regarding the upgradeability of equipment;
Amendment 219 #
2016/2272(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 225 #
2016/2272(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for the replaceability of parts, including the processor, to be encouraged by means of standardisation, so that products can be kept up to date;
Amendment 7 #
2016/2271(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses that the European Cloud Initiative, together with the upcoming Free Flow of Data Initiative and the legislative proposal with an aim to remove unjustified data location restrictions, have the potential to further incentivise the process of digitisation of European industry, especially SMEs and Start-ups and to avoid and counteract the fragmentation of the EU Single Market; calls on the Commission to monitor their adoption and coherent implementation in order to enable swift, trustworthy and seamless data sharing, storage and use across sectors while avoiding disproportionate burden for SMEs and Start-ups;
Amendment 9 #
2016/2271(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Urges the Commission and the Member States to maintain and further develop the openness of the EU single market, removing regulatory barriers, cutting red-tape and modernising regulation, which is key for fostering the business sector, especially for SMEs and start-ups, and ensuring the implementation process of digital services and tools;
Amendment 12 #
2016/2271(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the need for adequate and coherent regulatory framework and investment in research and innovation, infrastructures, cybersecurity, data protection and digital skills; calls on the Commission to investigate the impact of PPP and JTI in the context of the forthcoming interim evaluation of Horizon 2020;
Amendment 19 #
2016/2271(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls that currently 30 parallel national and regional initiatives exist; highlights the importance of building synergies and transnational collaboration among existing national initiatives in order to ensure their better visibility, added value and the efficient use of resources;
Amendment 24 #
2016/2271(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Urges the Commission to introduce more clarity on the financing of the undertaken and upcoming initiatives facilitating the digitisation process, in particular with regard to the role of the EFSI, ESFI, H2020 and potential synergies between them, as well as on the estimated contribution from the Member States national budget;
Amendment 26 #
2016/2271(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Welcomes the Commission's intention to create Digital Innovation Hubs around Europe; stresses that these hubs should offer coaching, consultancy, and provide for the exchange of best practices, to encourage cross-border cooperation, and to ensure balanced inclusion of all EU regions;
Amendment 31 #
2016/2271(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the need to accelerate an effective plan for standardisation and to ensure full interoperability in the digital domain; calls on the Commission to promote the development of open, interoperable and industry-driven standards in all key domains, and welcomes its intention to guarantee access to standard essential patents under FRAND (fair, reasonable and non-discriminatory) conditions; reminds the Commission of the need to consider social and environmental aspects in the development of standards, and to ensure adequate participation of social partners and stakeholders at European, national and regional level, including new actors;
Amendment 44 #
2016/2271(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Deems it necessary to ensure the full respect of workers’ and consumercitizens’ right to privacy and to protection of their personal data in the digital environment; emphasises the importance of the correct implementation of the General Data Protection Regulation, ensuring the full application of the principle of ‘privacy by design and by default’;
Amendment 55 #
2016/2271(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the very important consequences of industry digitalisation for society, business models, working conditNotes that the ongoing digitalisation and particularly industry digitalisation would affect business and employment models in varionus and jobs demand; regrets the lack of analysis on the part of the Commission of the social effeways, therefore urges Commission to conduct in–depth analysis on the impacts of the digitalisation of industry in this field;
Amendment 58 #
2016/2271(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers it necessary to ensure high-quality education, lifelong learning and vocational training, including in the field of basic and advanced digital qualifications and skillNotes that digital skills are a prerequisite for nowadays labour market and can foster the inclusiveness and competitiveness of European regions, especially in the framework of the EU New Skills Agenda; urges the Commission to promote and coordinate high-quality education, lifelong learning and vocational training, including in the field of basic and advanced digital qualifications and skills, among other computing, coding, programming, cryptography; in this context calls for the encouragement of larger regional participation in order to diminish the innovation gap and to attract professionals for the development of the European regions.
Amendment 64 #
2016/2271(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Recalls that 80% of European companies have experienced at least one cybersecurity incident over the last year[1]; stresses that a safe and reliable digital infrastructure should be achieved in strict compliance with the Network and Information Security Directive and the General Data Protection Regulation; [1] The Global State of Information Security® http://www.pwc.com/gx/en/issues/cyber- security/information-security-survey.html
Amendment 68 #
2016/2271(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Notes the increasing importance of clarifying the concerns over data ownership and liability; calls on the Commission to investigate further, in close cooperation with the industry, the fitness of the current regulatory framework, which addresses the data ownership and liability challenges.
Amendment 4 #
2016/2147(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the successful implementation of Horizon 2020, as demonstrated by the growing number of proposals submitted, a high number of which are of excellent quality, by; underlines that the simplification of procedures, the optimization of internal processes, and by the reduction of the time-to-grant were significantly improved under Horizon 2020; calls for further improvements to this direction in the FP9;
Amendment 11 #
2016/2147(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the programme’s emphasis on SMEs, their increased participation, and the outstanding absorption of the programme’s budget dedicated to SMEs; considers, nevertheless, that the aim set by the Commission of EUR 8.65 billion for SME involvement is insufficient; calls for more ambitious quantitative and qualitative targets and the removal of remaining obstacles to SME participation and better promotion of the programme among SMEs;
Amendment 18 #
2016/2147(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes with great concern that the success rate for Horizon 2020 has significantly dropped from the level enjoyed by its predecessor (FP7) in the previous period; underlines the fact that as a result fewer high-quality projects in the field of research and innovation have been receiving EU funding;
Amendment 23 #
2016/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recallgrets the delays in the implementation of the programme and other undesirable effects such as reduced pre-financing caused by the Union’s budget backlog of 2014-2015, andadverse effect that the payment crisis in the EU budget had on the implementation of the programme during the first years of the current MFF; notes, inter alia, the artificial delay amounting to EUR 1 billion worth of calls in 2014 or the significant reduction in the level of pre-financing for the new programmes; calls on the Budgetary Authoritiesy and the Commission to ensure an adequate level of payment appropriations in the upcoming years and to make every effort to prevent a new payment crisis towards the last years of the current MFF;
Amendment 24 #
2016/2147(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the excellent implementation rate both in commitment and payment appropriations of Horizon 2020 in the current MFF; underlines that a frontloading of resources implemented in 2014-2015 for Horizon 2020 was fully absorbed by the programme, demonstrating its strong performance and capacity to absorb even more;
Amendment 28 #
2016/2147(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recalls that the financial allocation for Horizon 2020 was reduced by EUR 2,2 billion, in order to secure the additional financing needed for the EFSI Guarantee Fund and stresses Parliament’s commitment to mitigate the negative impact of such cuts in the annual budgetary procedure; underlines that an important part of the EFSI investments relate to research, development and innovation and call for enhanced synergies between the different funding sources, in order to secure the maximum overall EU investment in this field;
Amendment 3 #
2016/2145(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s European Cloud Initiative as part of the implementation of the Digital Single Market (DSM) Strategy and the Digitising European Industry Package, thus fostering the growth of the European digital economy and contributing to its global market positioning; recalls that a fully functioning digital single market would boost competitiveness and contribute around EUR 415 billion to the GDP of the EU-28;
Amendment 11 #
2016/2145(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that it is unclear what measures are foreseen for opening Europe to the global markets with regard to the ownership of data produced by public or publicly funded sources;
Amendment 13 #
2016/2145(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Underlines that currently the value of collected research data is not fully exploited by the industry, especially SMEs, due to the lack of free cross-border data flow and access to a single platform or portal;
Amendment 54 #
2016/2145(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges the Commission to identify Big Data and coding training opportunities for the industry also in the scope of the New Skills Agenda and to identify incentives for stakeholders, in particular SMEs, to use, open and share data in the Single Market;
Amendment 77 #
2016/2145(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Urges the Commission to provide more clarity on the definitions used in the Communication and in particular to create clear distinction between the European Cloud Initiative and the European Open Science Cloud;
Amendment 79 #
2016/2145(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Supports the Commission initiative to increase the development and up-take of quantum super computers; Calls on the Commission to analyse possible partnerships with third countries regarding this matter;
Amendment 900 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 15 – paragraph 1
Rule 15 – paragraph 1
The President, Vice-Presidents and Quaestors shall be elected by secret ballot, in accordance with Rule 182. Nominations shall be with consent. They may only be made by a political group or by at least 40 Members. However, if the number of nominations does not exceed the number of seats to be filled, the candidates may be elected by acclamation. Members shall be permitted to serve a maximum of two terms in the office of President pursuant to Rule 19(1), regardless of whether they are served consecutively or not.
Amendment 4 #
2016/2064(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that, having been fully operational for less than a year, the European Fund for Strategic Investments (EFSI) has kicked off successfully, delivering some initialmany concrete results and acting as a pboositive instrument to overcome the lack ofng investment in Europe through coordinated action; stresses, however, that the pace needs to be accelerated and its initial results need to improve significantly in the near futureto bring even more tangible results in order for the instrument to fully achieve its objectives fully;
Amendment 15 #
2016/2064(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urgnderlines that EFSI should ensure greater additionality for its projects in relation to normal EIB activities as defined in Article 5 of Regulation (EU) 2015/1017; underlines that given the fact that EFSI funds have been redirected from EU programmes for research, innovation and infrastructure, it should support strategic investments related to projects that cannot obtain funding because of market failures, suboptimal investment situations or high levels of risk; recalls, furthermore, that when determining the criteria for use of the EU guarantee, EFSI should consider not only the profitability factor, but also the positive long-term effects in terms of smart, sustainable and inclusive growth, job creation and cohesion;
Amendment 18 #
2016/2064(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. In this regard, urges the Commission to do a thorough assessment of the additionality of the projects already funded under EFSI and, based on the results, to set clear rules and criteria for defining the additionality in terms of eligibility for receiving EFSI funding;
Amendment 27 #
2016/2064(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that, while the SMEs window of the EFSI represented a good opportunity for start-ups, SMEs and mid- caps, there is a lack of big investment; emphasises, thereforein particular, the need to improve the financing of digital infrastructure and innovation projects;
Amendment 31 #
2016/2064(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that the EFSI commitments in digital sector projects are highly insufficient in the context of the positive effect that a fully operational DSM will have for the EU economy; therefore, calls for the Member States and stakeholders to further explore and promote investment opportunities in the area of digital content and services, high-speed broadband and telecommunications infrastructure;
Amendment 38 #
2016/2064(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for better coordination between EFSI and other EU funds, in particular the European Structural and Investment Funds (ESIFs), so as to promote more effective spending of EU financing, stronger cohesion in Europe and ensure that EFSI has wide geographical coverage; calls, also, for closer cooperation with national promotional banks, local and regional authorities and relevant stakeholders, including further encouragement to establish investment platforms to aggregate sectorial and geographical investment opportunities;
Amendment 44 #
2016/2064(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines the need to increase the transparency of EFSI operations and to further improve information about projects and their qualityresults to citizens and potential beneficiaries; points to the need to enhance the European Investment Project Portal (EIPP) and the European Investment Advisory Hub (EIAH) in order to establish a link with the real economy, give visibility to projects and provide high-quality technical assistance to potential promoters;
Amendment 50 #
2016/2064(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that EFSI is instrumental in completing and restructurboosting the Single Market; underlines, in this light, the importance of strengthening the third pillar of the ‘Investment Plan for Europe’, also in the context of the European Semester process, in order to make the EU regulatory environment more certain, homogeneous and favourable to investments by focusing especially on strategic objectives such as completion of the Single Market and the development of a well-functioning Digital Single Market, and on key actions that support these objectives;
Amendment 60 #
2016/2064(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the recent Commission proposal to extend EFSI beyond 2018 and to reinforce it in order to overcome the current investment gap in Europe and continue to mobilise private sector capital, these being crucial steps to ensure sustainable growth, competitiveness, quality job creation and social and territorial cohesion in Europe.
Amendment 191 #
2016/2047(BUD)
Motion for a resolution
Paragraph 60 b (new)
Paragraph 60 b (new)
60 b. stresses that the Parliament and the Council, in order to create long term savings in the Union budget, must address the need for a roadmap to a single seat, as requested by the large majority of this Parliament in several resolutions;
Amendment 64 #
2016/0404(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The activities covered by this Directive should concern the regulated professions falling within the scope of Directive 2005/36/EC. This Directive should apply in addition to Directive 2005/36/EC and without prejudice to other provisions laid down in a separate Union act concerning access to, and the exercise of a given regulated profession. While professional activities in the healthcare services sector are covered by the assessment referred to in Article 59 of Directive 2005/36/EC and thus are within the scope of this Directive, the Directive respects Member States' competence to regulate professions in the field of public health based on Article 168(7) TFEU as well as their margin of appreciation to guarantee a high level of health care and patient safety, within the limits of proportionality.
Amendment 96 #
2016/0404(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Member States should carry out proportionality assessments in an objective and independent manner, including where a profession is regulated indirectly, by giving a particular professional body the power to do so. In particular, while the assessment of the local authorities,cases where regulatory bodies or profesvisional organisations, whose greater proximity to local conditions and specialised knowledge could in certain cases make them better placed to identify ts restricting the access to or pursuit of the regulated profession are established best way of meeting the public interest objectivey professional bodies such as orders or chambers, there is a particular reason for concern in cases where the policy choice made by those authorities or bodies provides benefits togiven the proximity of such bodies to local conditions and a risk that policy choices made might favour established operators at the expense of new market entrants.
Amendment 125 #
2016/0404(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The economic impact of the measure, including a cost-benefit analysis with particular regard to the degree of competition in the market and the quality of the service provided, as well as the impact on the right to work and on the free movement of persons and services within the Union should be duly taken into account by the competent authorities. Based on this analysis, Member States should ascertain, in particular, whether the extent of the restriction of access to or pursuit of regulated professions within the Union is proportionate to the importance of the objectives pursued and the expected gains. With regard to protection of public health, the Member States should be able to decide on the degree of importance of economic considerations in relation to other relevant proportionality criteria.
Amendment 132 #
2016/0404(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Member States should carry out a comparison between the national measure at issue and the alternative and less restrictive solutions that would allow the same objective to be attained but would impose fewer restrictions. Where the measures are justified by consumer protection and where the risks identified are limited to the relationship between the professional and the consumer without negatively affecting third parties, the objective could be attained by less restrictive means than reserving activities to professionals, such as protection of the professional title or enrolment on a professional register. Regulation by way of reserved activities should be used only in cases where the measures aim at preventing a risk of serious harm to public interest objectives. This Directive should apply to requirements concerning compulsory chamber membership, in particular where those requirements imply additional cost or administrative procedures.
Amendment 168 #
2016/0404(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. Within the limits of proportionality, Member States shall enjoy a margin of discretion to decide whether and how to regulate professions.
Amendment 178 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, the relevant competent authorities undertake an assessment of their proportionality in accordance with the rules laid down in this Directive. This shall not apply to editorial amendments or technical adaptations to content of training courses which do not restrict access to or pursuit of regulated professions.
Amendment 223 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. The assessment shall be proportionate to the nature, the content and the impact of the provision being introduced or amended, taking into account the specificities of the profession concerned and the regulation already in place.
Amendment 229 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. When assessing the necessity and the proportionality of the provisions, the relevant competent authoritiproportionality, the Member States shall consider in particular and in any event:
Amendment 239 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) the suitability of the provision namely as regards its appropriateness to attain the objective pursued and whether it genuinelythe provision reflects thate objective pursued in a consistent and systematic manner and thus, addresses the risks identified in a similar way as in comparable activities;
Amendment 273 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point i
Article 6 – paragraph 2 – point i
(i) the economic impact of the measure, with particular regard to the degree of competition in the market and, the quality of the service provided, consumer choice, employment opportunities, as well as the impact on the free movement of persons and services within the Union; the importance of this criterion may depend upon the public interest objectives being pursued;
Amendment 278 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point j
Article 6 – paragraph 2 – point j
(j) the possibility to use less restrictive means to achieve the public interest objective; where the measures are justified by consumer protection and where the risks identified are limited to the relationship between the professional and the consumer without negatively affecting third parties, the relevant competent authorities shall assess in particular whether the objective can be attained by protected professional title without reserving activities.
Amendment 71 #
2016/0403(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Cross-border trade and cross-border investment in certain business and constructionconstruction and business services are particularly low showing a potential for better integration of services markets with significant negative repercussions for the remaining part of the economy. This underperformance leads to situations where the potential for more growth and jobs in the Single Market has not been fully exploited.
Amendment 77 #
2016/0403(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In so doing, this Regulation specifically targets business and constructionconstruction and business service sectors included in scope of Directive …[ESC Directive]… which face some of the most stringent regulatory and administrative barriers to cross-border expansion and consequently have an unexploited potential for internal market integration.
Amendment 98 #
2016/0403(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Procedures for issuing, updating, suspending or revoking a European services e-card should make use of documents only in exceptional circumstances, when more detailed information is absolutely essential. In any case, all of such documents should be used and accepted in simple form.
Amendment 108 #
2016/0403(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In order to ensure uniform implementation of this Regulation in relation to the presentation of the description of liabilities according to Article 11, implementing powers to adopt rules on the standardiszed presentation format of that statement should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 116 #
2016/0403(COD)
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
This Regulation does not affect the matters mentioned in Article 1(2) to (7) of Directive 2006/123/EC. It shall not have any impact on the regulatory requirements for the provision of services that are in place at national level, such as rules concerning social protection, consumer rights, health and safety or the environment. It does therefore not introduce the country of origin principle.
Amendment 122 #
2016/0403(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. "information on the good repute of a provider" means information as referred to in Article 33 (1) of Directive 2006/123/EC - provided that this means only completed procedures;
Amendment 123 #
2016/0403(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
14. "home Member State" means the Member State toin which a provider addressed the application for a European services e-carose territory the provider of the service concerned is established;
Amendment 124 #
2016/0403(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 19 a (new)
Article 3 – paragraph 1 – point 19 a (new)
19a. ‘insurance intermediary’ means any natural or legal person, other than an insurance or reinsurance undertaking or their employees and other than an ancillary insurance intermediary, who, for remuneration, takes up or pursues the activity of insurance distribution in accordance with Article 2(1) of Directive EU 2016/97 of the European Parliament and of the Council;
Amendment 130 #
2016/0403(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point b
Article 4 – paragraph 1 – subparagraph 3 – point b
(b) statistical identification code of the service activity, the host Member State, the type of European services e-card envisagedies that the applicant envisages to provide, the host Member State where the applicant intends to provide services, the type of European services e-card envisaged, specifying whether the applicant intends to make use of a reserved title while establishing in the host Member State, as appropriate;
Amendment 131 #
2016/0403(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point c a (new)
Article 4 – paragraph 1 – subparagraph 3 – point c a (new)
(ca) indication whether pre-approval as an economic operator active in public procurement in accordance with Article 64 of Directive 2014/24/EU or Article 46 of Directive 2009/81/EC is envisaged;
Amendment 134 #
2016/0403(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point g
Article 4 – paragraph 1 – subparagraph 3 – point g
(g) information on any existing professional indemnliability insurance of the provider in relation to professional liability in the territory of the home Member State, including information on the cover for activities carried out in the territory of other Member States, as appropriate;
Amendment 141 #
2016/0403(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall provide to the Commission with all information on the procedural steps related to requirements imposed on providers for the provision of services through a branch, agency or office and for temporary cross-border provision of service activities falling under Directive …[ESC Directive]……….., necessary for the development of the standard application forms, describing the information and documents the presentation of which is required under national law of the provider in relation to all applicable requirements, through IMI by [9 months after entry into force of this Regulation] to the extent that the information was not contained in the notification of the requirement itself already submitted under Articles 15(7) and 39(5) of Directive 2006/123/EC. The procedural steps mentioned in the preceding subparagraph shall include those regarding registration in the official lists of approved economic operators in accordance with Article 64 of Directive 2014/24/EU and Article 46 of Directive 2009/81/EC, as appropriate.
Amendment 144 #
2016/0403(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
The insurance distributorundertaking or the body appointed by a Member State to provide compulsory insurance shall provide the certificate to the applicant upon requesinsurance distributor or to the applicant upon request. The insurance intermediary shall hand the certificate over to the applicant.
Amendment 148 #
2016/0403(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Providers who are natural persons and apply for or already hold a European services e-card may submit a declaration in advance in relation to their own professional qualifications in an electronic platform connected to IMI under the same conditions as prescribed by paragraph 1 of Article 6 in relation to their workers.
Amendment 149 #
2016/0403(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Regarding declarations in advance in relation to the professional qualifications of the provider, the proof of nationality, the details of insurance cover, the attestations referred to in points (b) and d) of Article 7(2) of Directive 2005/36/EC and the means of proof referred to in point (d) of that Article shall be replaced by the completed application form for a European services e- card, communicated to the host Member State in accordance with Article 11 of Directive ... [ESC Directive]…….., proving legal establishment of the provider.
Amendment 173 #
2016/0403(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with principles laid down in the Interinstitutional Agreement on Better law-making of 13 April 2016.
Amendment 178 #
2016/0403(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
By 360 months after entry into force of this Regulation and at the latest every five years thereafter, the Commission shall carry out an evaluation of this Regulation and submit to the European Parliament and the Council a report on its performance, including an analysis of the impact on administrative burden incurred upon by service providers active across borders. This report shall also include an assessment of any practical experience relevant to cooperation between coordinating authorities. This report shall contain an assessment of the appropriateness of introducing a European services e-card for other service activities. It shall contain an evaluation of Directive …….[ESC Directive]… in line with its Article 21.
Amendment 179 #
2016/0403(COD)
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
The Commission shall, as part of the review, assess whether and how to introduce a harmonised multilingual format for the insurance certificate as referred to in Article 5 of this Regulation. If the outcome of the assessment deems a standardised multilingual format for the insurance certificate appropriate, the Commission shall adopt rules accordingly.
Amendment 81 #
2016/0402(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the legal and operational framework of the European services e-card introduced by Regulation ....[ESC Regulation].... (Text with EEA relevance) and for the coordination of provisions concerning the freedom of establishment and the freedom to provide certain services
Amendment 154 #
2016/0402(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Paragraphs 1, 2 and 3 are without prejudice to reporting obligations imposed on the holder of a European services e-card or the performance of checks, inspections or investigations from competent authorities during the provision of the service, in compliance with EU law. During the checks, authorities competent for inspections or investigations shall take into account the European services e– card as a proof of completion of the requirements foreseen in a European services e–card.
Amendment 174 #
2016/0402(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c
Article 11 – paragraph 1 – subparagraph 1 – point c
(c) verify whether European services e- cards issued in relation to other home Member States for the same provider and service activityies have been revoked or cancelled, or that cancelation has been requested to allow replacement of those e- cards by the European services e-card to which the application refers to;
Amendment 184 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The host Member State shall take due account in that assessment of the requirements that the applicant already meets in its home Member States. For the purpose of that assessment and within the above-mentioned time-limit, the coordinating authority of the host Member State shall be allowed to request necessary clarifications or necessary additional information from the home Member State or the applicant which is not yet contained in the application. In that case, the time limit referred to in this paragraph is suspended until the requested necessary clarification or necessary additional information is supplied. If the host Member State finds that the requirements already met by the applicant in its home Member State sufficiently fulfil the purpose of the requirement imposed by the host Member State, the host Member State cannot object the European services e-card. The procedure for requesting clarifications or additional information will be laid down by way of the delegated acts referenced in paragraph 4.
Amendment 191 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
Amendment 197 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
Amendment 199 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
Upon receipt of the reactdecision byof the coordinating authority of the host Member State to the applicationimpose requirements under its national law in accordance with paragraph 1, the applicant shall be allowed to provide proof of compliance with the conditions identified by the coordinating authority of the host Member State under the paragraph 1therein.
Amendment 204 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4
Article 13 – paragraph 4 – subparagraph 4
Upon receipt of the observations of the applicant or, where no observations have been made, upon expiration of the time- limit to present those observations, the coordinating authority of the host Member State shall decide, within one week, whether to issue the European services e- card or reject the application for the European services e-card. The declaration of intention of rejection of the application and the decision to reject the application, notified to the holder of the European services e-card through the electronic platform where the standard form for application is made available, shall be fully reasoned, detailing which of the conditions identified in accordance with paragraph 1 have been deemed not complied with by the applicant and the reasons therefore.
Amendment 207 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 5 – subparagraph 1 a (new)
Article 13 – paragraph 5 – subparagraph 1 a (new)
Where the coordinating authority of the host Member State intends to reject the application in accordance with the conditions laid down in this Article, the coordinating authority of the host Member State shall inform the applicant and the coordinating authority of the home Member State, and state its reasons. The applicant shall have two weeks to submit its observations.
Amendment 208 #
2016/0402(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Coordinating authorities in the home Member State shall not require providers to provide information andincluding documents which are available to those authorities in accordance with paragraph 2 of this Article or Article 14(32) of Regulation ….[ESC Regulation]….. when applying for a European services e-card or to prove compliance, in the context of a European services e-card for establishment, with conditions identified by the coordinating authority of the host Member State in accordance with Article 13(1).
Amendment 210 #
2016/0402(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The coordinating authority in the home Member State shall obtain the information andincluding documents required for the purposes referred to in paragraph 1 which are available to other authorities in the home Member State or originate from those authorities, in accordance with the rules on the protection of personal data as provided for in Directive 95/46/EC, Regulation (EU) No 2016/679 and national legislation.
Amendment 214 #
2016/0402(COD)
Proposal for a directive
Article 15 – paragraph 2 – point i
Article 15 – paragraph 2 – point i
(i) made use of information orincluding documents in the context of the procedure to issue the e-card which have been ascertained to be fraudulent, inaccurate or falsified by a final decision of either home or host Member State, not subject to appeal under the applicable national law;
Amendment 220 #
2016/0402(COD)
Proposal for a directive
Article 16 – paragraph 3 – point vi
Article 16 – paragraph 3 – point vi
(vi) is no longer legally established in the home Member State, for any other reason.
Amendment 221 #
2016/0402(COD)
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
A Member State which detects a reason to trigger the suspension or revocation of a European services e-card, in accordance with Articles 15 or 16, occurring in its territory shall communicate via IMI to the holder of the European services e-card in question the motivation therefore and shall give it the opportunity to be heard. The preceding subparagraph shall not apply in case of a measure put in place in accordance with Article 18 of Directive 2006/123/EC.
Amendment 223 #
2016/0402(COD)
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
Once a Member State concludes on the need to suspend or revoke a European services e-card it shall do so without delay, in case its coordinating authority is the issuing authority of the e-card in question, or it shall communicate without delay to the issuing coordinating authority its conclusion on the need to suspend or revoke the European services e-card in question, including by application of a measure put in place in accordance with Article 18 of Directive 2006/123/EC.
Amendment 224 #
2016/0402(COD)
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
The notification mentioned in Article 35(6) of Directive 2006/123/EC shall constitute the communication referred to in the first subparagraph, as appropriate. The issuing coordinating authority which receives the communication of a conclusion on the need to suspend or revoke the European services e-card from another Member State shall immediately suspend or revoke the European services e- card in question, as appropriate.
Amendment 227 #
2016/0402(COD)
Proposal for a directive
Chapter 3 a (new)
Chapter 3 a (new)
Amendment 257 #
2016/0402(COD)
Proposal for a directive
Annex I – Section N – Division 82 – Group 82.4 (new)
Annex I – Section N – Division 82 – Group 82.4 (new)
Group 82.4. Registration of a branch, agency, office
Amendment 258 #
2016/0402(COD)
Proposal for a directive
Annex I – Section N – Division 82 – Group 82.5 (new)
Annex I – Section N – Division 82 – Group 82.5 (new)
82.5 VAT registration
Amendment 259 #
2016/0402(COD)
Proposal for a directive
Annex I – Section N – Division 82 – Group 82.6 (new)
Annex I – Section N – Division 82 – Group 82.6 (new)
82.6 Registration for social security purposes
Amendment 43 #
2016/0398(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Amendments or modifications to draft measures introduced by legislative assemblies or national parliaments during the parliamentary procedure should not be covered by the notification obligation to notify prior to adoption, as laid down by this Directive. Member States notify such modifications without delay after the adoption of the measure.
Amendment 54 #
2016/0398(COD)
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) Directive2006/123/EC is a horizontal legal instrument affecting a significant number of laws, regulations and administrative provisions at different levels within a Member State's governance structures. In order to facilitate the competent authorities' compliance with this Directive and to maximise the efficiency of the notification procedure and reduce the administrative burden of that procedure, the Commission should provide guidance regarding the practical aspects of the notification procedure, including for municipal and local authorities. In order to ensure that the notification obligations of such authorities are proportionate, draft measures implementing authorisation schemes or requirements which have already been notified to the Commission and adopted by the Member State concerned at national level should not be subject to notification, in so far as those measures do not extend the scope or content, or make the already notified authorisation schemes or requirements more restrictive.
Amendment 60 #
2016/0398(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The obligation for Member States to notify draft measures laying down authorisation schemes or requirements referred to in Article 4 of this Directive at least three months before their adoption is designed to ensure that measures to be adopted comply with Directive 2006/123/EC. In order for the notification procedure to be effective, a consultation on notified measures should take place sufficiently in advance of their adoption. This is appropriate to foster good cooperation and transparency between the Commission and Member States and to further develop exchanges between the Commission and national authorities on new or amended authorisation schemes and certain requirements covered by Directive 2006/123/EC, in accordance with Article 4(3) of the Treaty on European Union (TEU). With a view to ensuring the effectiveness of the procedure, breach of the obligation to notify, or a failure to notify a significantly modified draft measure, or a failure to notify a draft measure within foreseen time limits, or to refrain from adopting a notified measure, including during the period following the receipt of an alert, should be considered to be a substantial procedural defect of a serious nature as regards its effects vis-à- vis individuals.
Amendment 64 #
2016/0398(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In the spirit of transparency and cooperation, where substantive amendments are made to a draft measure that is subject to an ongoing notification procedure under this Directive, the Commission, other Member States and stakeholders should be made aware of such amendments by the notifying Member State in due time. Modifications of merely clerical nature should not be communicated. In such cases, the notifying Member State should notify those modifications at least one month prior to their adoption.
Amendment 91 #
2016/0398(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Where following the consultation the Commission still has concerns about the compliance with Directive 2006/123/EC of the notified draft measure, it may alert the notifying Member State, giving it the opportunity to bring its draft measure into conformity with EU law. That alert should include an explanation of the legal concerns identified by the Commission. Reception of such an alert entailsignifies that the notifying Member State shall not adopt the notified measure for three months.
Amendment 100 #
2016/0398(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Failure to comply with the obligation to notify draft measures at least three months prior to their adoption, or to notify a significantly modified draft measure, or to notify a draft measure within foreseen time limits, and/or to refrain from adopting the notified measure during this period and, as the case may be, during the 3 months following the reception of an alert, should be considered to be a substantial procedural defect of a serious nature as regards its effects vis-à- vis individuals.
Amendment 134 #
2016/0398(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where a Member State substantially modifies a notified draft measure with the effect of significantlysubject to an ongoing notification procedure, extending its scope or content, or shortening the timetable originally envisaged for implementation, or adding requirements or authorisation schemes, or making thoseor tightening requirements or authorisation schemes more restrictive for the establishment, or the cross-border provision of services, ithe Member State shall notmodify the modified draft measure previously notified under paragraph 1 again, including an explanation of the objective and content of the modifications. In such a case, the previous notification shall be deemed to be withdrawninitial notification, including an explanation of the objective and content of the notified modifications.
Amendment 138 #
2016/0398(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. In case a draft measure subject to an ongoing notification procedure is amended by Member States Parliaments, such measure may be adopted, as modified, by Member States Parliaments. Member States shall notify such modification within two weeks after the adoption of the measure.
Amendment 143 #
2016/0398(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. Member States shall not be obliged to notify draft measures implementing authorisation schemes or requirements which have already been notified to the Commission and adopted in the Member State concerned, in so far as those measures do not extend the scope or content, or make the already notified authorisation schemes or requirements more restrictive for the establishment or the cross-border provision of services.
Amendment 153 #
2016/0398(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The breach of one of the obligations set out in Article 3(1), (2) and (3) orand in Article 6(2) shall constitute a substantial procedural defect of a serious nature as regards its effects vis-à-vis individuals.
Amendment 162 #
2016/0398(COD)
That information shall identify the overriding reason relating to the public interest pursued and give the reasons why the notified authorisation scheme or requirement is non-discriminatory on grounds of nationality or residence and why it is proportionate.
Amendment 171 #
2016/0398(COD)
Proposal for a directive
Article 3 – paragraph 8 a (new)
Article 3 – paragraph 8 a (new)
8 a. Paragraphs (3) and (3a) shall not apply when a Member State has to adopt urgent measures due to serious and unforeseeable circumstances related to the protection of public order, public safety, public health or the protection of the environment. The Member State shall notify the Commission of the urgent measure and the reasons for the urgency that triggered its adoption not later than the day on which that urgent measure is adopted. The Commission shall give its views on this communication as soon as possible. It shall take appropriate action in cases where improper use is made of this procedure.
Amendment 180 #
2016/0398(COD)
Proposal for a directive
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
(e a) requirements on rules for commercial communications referred to in Art.24 of Directive 2006/123
Amendment 181 #
2016/0398(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 210 #
2016/0398(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. UponAfter receipt of such an alert, the notifying Member State shall not adopt the draft measure for a period of three months after the closure of the consultation period.
Amendment 227 #
2016/0398(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Where the Commission has issued an alert in accordance with Article 6(1), it may, within a period of three months after the date of the closure of the consultation period referred to in Article 5(2), adopt a Decision finding the draft measure to be incompatible with Directive 2006/123/EC and requiring the Member State concerned to refrain from adopting the notified draft measure or, if such measure has been adopted in breach of Article 3(3) or Article 6(2), to repeal it.
Amendment 234 #
2016/0398(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
The Commission shall publish on a dedicated public website the notifications made by Member States under Articles 3(1) and (2) and the related adopted measures under Article 3(7).
Amendment 242 #
2016/0398(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. By [36 months after the date for transposition of this Directive] and at the latest every five years thereafter, the Commission shall present a report to the European Parliament, the Council and the European Economic and Social Committee on the application of this Directive, including an assessment of any improper use to circumvent the application of the notification procedure established in this Directive.
Amendment 156 #
2016/0288(COD)
Proposal for a directive
Recital 13
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 for unconstrained use 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 sthat are capable of deliverving 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, 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. Vat least 100 Mbps downlink speed upgradable over time to gigabit speeds and contribute to achieving continuous 5G coverage not taking into account 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, nother technologies andor transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.
Amendment 169 #
2016/0288(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Certain electronic communications services under this Directive could also fulfil the definition of ‘information society service’ in Article 1 of 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. The provisions governing Information Society Services apply to those electronic communications services to the extent that there are not more specific provisions applicable to electronic communications services in this Directive or in other Union acts. However, electronic communications services such as voice telephony, messaging services and electronic mail services are covered by this Directive. The same undertaking, for example an Internet service provider, can offer both an electronic communications service, such as access to the Internet, and services not covered under this Directive, such as the provision of web-based and not communications-related content and other vertically integrated services including machine-to-machine.
Amendment 175 #
2016/0288(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The services used for communications purposes, and the technical means of their delivery, have evolved considerably. End-users increasingly substitute traditional voice telephony, text messages (SMS) and electronic mail conveyance services by functionally equivalent online services such as Voice over IP, messaging services and web-based e-mail services. In order to ensure that end-users are effectively and equally protected when using functionally equivalent services, a future-oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach. The scope of necessary regulation should be appropriate to achieve its public interest objectives. While "conveyance of signals" remains an important parameter for determining theallows including transmission services falling into the scope of this Directive, the definition should cover also other services that enable communication. From an end-user's perspective it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service. The amended definition of electronic communications services should therefore contain three types of services which may partlydo not overlap, that is to say internet access services according to the definition in Article 2(2) of Regulation (EU) 2015/2120, interpersonal communications services as defined in this Directive, and services consisting wholly or mainly in the conveyance of signals. The definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision-by- provision application of the specific rights and obligations contained in the framework to the different types of services. The processing of personal data by electronic communications services, whether as remuneration or otherwise, must be in compliance with Directive 95/46/EC which will be replaced by Regulation (EU) 2016/679 (General Data Protection Regulation) on 25 May 201823 . __________________ 23 Regulation (EU) 2016/679 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); OJ L 119, 4.5.2016, p. 1
Amendment 177 #
2016/0288(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to fall within the scope of the definition of electronic communications service, a service needs to be provided normally in exchange for remuneration. In the digital economy, market participants increasingly consider information about users as having a monetary value. Electronic communications services are often supplied against counter-performance other than money, for instance by giving access to personal data or other data. The concept of remuneration should therefore encompass situations where the provider of a service requests and the end-user actively provides personal data, such as name or email address, or other data directly or indirectly to the provider. It should also encompass situations where the provider collects information without the end-user actively supplying it, such as personal data, including the IP address, or other automatically generated information, such as information collected and transmitted by a cook and information collected by the supplie)r. In line with the jurisprudence of the Court of Justice of the European Union on Article 57 TFEU24 , remuneration exists within the meaning of the Treaty also if the service provider is paid by a third party and not by the service recipient. The concept of remuneration should therefore also encompass situations where the end-user is exposed to advertisements as a condition for gaining access to the service, or situations where the service provider monetises personal data it has collected or received. __________________ 24 Case C-352/85 Bond van Adverteerders and Others vs The Netherlands State, EU:C:1988:196.
Amendment 180 #
2016/0288(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Interpersonal communications services are services that enable interpersonal and interactive exchange of information, covering services like traditional voice calls between two individuals but also all types of emails, messaging services, or group chats. Interpersonal communications services only cover communications between a finite, that is to say not potentially unlimited, number of natural persons which is determined by the sender of the communication. Communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication. Interactive communication entails that the service allows the recipient of the information to respond. Services which usually do not meet those requirements, such as linear broadcasting, video on demand, websites, social networks, blogs, or exchange of information between machines, should not be considered as interpersonal communications services. With regard to services such as social networks which possibly include electronic communication services besides other services, this Directive shall only apply to the included electronic communication services. Under exceptional circumstances, a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a purely ancillary feature to another service and for objective technical reasons cannot be used without that principal service, the communication element is of limited functionality compared to interpersonal communication services available in the market, and its integration is not a means to circumvent the applicability of the rules governing electronic communications services. In these exceptional cases the provider should demonstrate that the communication element is fulfilling the above criteria. An example for such an exception could be, in principle, a communication channel in online games, depending on the features of the communication facility of the service.
Amendment 188 #
2016/0288(COD)
Proposal for a directive
Recital 40
Recital 40
(40) The benefits of the single market to service providers and end-users can be best achieved by general authorisation of electronic communications networks and of electronic communications services other than number-independent, of internet access services and of number- based interpersonal communications services, without requiring any explicit decision or administrative act by the national regulatory authority and by limiting any procedural requirements to a declaratory notification only. Where Member States require notification by providers of electronic communications networks or services when they start their activities, this notification should be submitted to BEREC which acts as a single contact point. Such notification should not entail administrative cost for the providers and could be made available via an entry point at the website of the national regulatory authorities. BEREC should forward in good time the notifications to the national regulatory authority in all Member States in which the providers of electronic communications networks or services intend to provide electronic communications networks or services. Member States can also require proof that notification was made by means of any legally recognised postal or electronic acknowledgement of receipt of the notification to BEREC. Such acknowledgement should in any case not consist of or require an administrative act by the national regulatory authority, or any other authority.
Amendment 196 #
2016/0288(COD)
Proposal for a directive
Recital 49
Recital 49
(49) Specific obligations which may be imposed on providers of electronic communications networks and electronic communications services other than number-independent, of internet access services and of number-based interpersonal communications services in accordance with Union law by virtue of their significant market power as defined in this Directive should be imposed separately from the general rights and obligations under the general authorisation.
Amendment 200 #
2016/0288(COD)
Proposal for a directive
Recital 60
Recital 60
(60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information and forecasts regarding network roll-out in order to be effective and to target the areas where it is needed. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out. National regulatory authorities should make available tools to end-users as regards quality of service to contribute towards the improvement of their awareness of the available connectivity services.
Amendment 201 #
2016/0288(COD)
Proposal for a directive
Recital 91
Recital 91
(91) Given the growing importance of number-independent interpersonal communications services, it is necessary to ensure that they are also subject to appropriate security requirements in accordance with their specific nature and economic importance. Providers of such services should thus ensure a level of security commensurate with the degree of risk posed to the security of the electronic communications services they provide. Given that providers of number- independent interpersonal communications services normally do not exercise actual control over the transmission of signals over networks, the degree of risk for such services can be considered in some respects lower than for traditional electronic communications services. Therefore, whenever it is justified by the actual assessment of the security risks involved, the security requirements for number-independent interpersonal communications services should be lighter. In that context, the providers should be able to decide about the measures they consider appropriate to manage the risks posed to the security of their services. The same approach should apply mutatis mutandis to interpersonal communications services which make use of numbers and which do not exercise actual control over signal transmission.
Amendment 202 #
2016/0288(COD)
Proposal for a directive
Recital 61
Recital 61
Amendment 245 #
2016/0288(COD)
Proposal for a directive
Recital 237
Recital 237
(237) The availability of transparent, up- to-date and comparable information on offers and services is a key element for consumers in competitive markets where several providers offer services. End-usConsumers should be able to easily compare the prices of various services offered on the market based on information published in an easily accessible form. In order to allow them to make price and service comparisons easily, national regulatory authorities should be able to require from undertakings providing electronic communications networks and/or electronic communicationinternet access services other than number-independentr interpersonal communications services greater transparency as regards information (including tariffs, quality of service, restrictions on terminal equipment supplied, and other relevant statistics). Any such requirements should take due account of the characteristics of those networks or services. They should also ensure that third parties have the right to use, without charge, publicly available information published by such undertakings, in view of providing comparison tools.
Amendment 246 #
2016/0288(COD)
Proposal for a directive
Recital 240
Recital 240
(240) Independent comparison tools should be operationally independent from providers of publicly available electronic communications services. They can be operated by private undertakings, or by or on behalf of competent authorities, however they should be operated in accordance with specified quality criteria including the requirement to provide details of their owners, provide accurate and up-to-date information, state the time of the last update, set out clear, objective criteria on which the comparison will be based and include a broad range of offers on publicly available electronic communications services other than number-independentinternet access service and interpersonal communications services, covering a significant part of the market. Member States should be able to determine how often comparison tools are required to review and update the information they provide to end-users, taking into account the frequency with which providers of publicly available electronic communications services other than number-independentinternet access service and interpersonal communications services, generally update their tariff and quality information. Where there is only one tool in a Member State and that tool ceases to operate or ceases to comply with the quality criteria, the Member State should ensure that end-users have access within a reasonable time to another comparison tool at national level.
Amendment 255 #
2016/0288(COD)
Proposal for a directive
Recital 172
Recital 172
Amendment 268 #
2016/0288(COD)
Proposal for a directive
Recital 178
Recital 178
(178) Due to uncertainty regarding the rate of materialisation of demand for the provision of next-generation broadband services it is important in order to promote efficient investment and innovation to allow those operators investing in new or upgraded networks a certain degree of pricing flexibility. To prevent excessive prices in markets where there are operators designated as having significant market power, pricing flexibility should be accompanied by additional safeguards to protect competition and end-user interests, such as stricteffective non-discrimination obligations, measures to ensure technical and economic replicability of downstream products, and a demonstrable retail price constraint resulting from infrastructure competition or a price anchor stemming from other regulated access products, or both. To this end, it is important to ensure that any safeguard limiting pricing flexibility does not negatively impact investments in new or upgraded networks. This includes, inter alia, that price controls based on retail prices must not lead to a level of regulated wholesale prices that does not allow to recover the costs connected to the deployment and operating of new networks and thus to a situation where the investing operator is put in a worse position than non-investing access seekers. Those competitive safeguards do not prejudice the identification by national regulatory authorities of other circumstances under which it would be appropriate not to impose regulated access prices for certain wholesale inputs, such as where high price elasticity of end-user demand makes it unprofitable for the operator with significant market power to charge prices appreciably above the competitive level.
Amendment 269 #
2016/0288(COD)
Proposal for a directive
Recital 180
Recital 180
Amendment 270 #
2016/0288(COD)
Proposal for a directive
Recital 181
Recital 181
Amendment 271 #
2016/0288(COD)
Proposal for a directive
Recital 182
Recital 182
Amendment 272 #
2016/0288(COD)
Proposal for a directive
Recital 183
Recital 183
Amendment 277 #
2016/0288(COD)
Proposal for a directive
Recital 184
Recital 184
(184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements offerthe regulatory framework aims at promoting very high capacity deployment models which (a) provide significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure- based competition might not be efficient. Where an operator with significant market power makes an open call for co-investment; and (b) take into account the different market characteristics and best practices for deployment of new network elements within Member States. Where an operator with significant market power makes an open call for co-investment or provides a wholesale offer including risk sharing, or establishes a joint venture with one or more undertakings competing on retail or wholesale level on fair, reasonable and non-discriminatory terms in new network elements which significantly contribute to the deployment of very high capacity networks, the national regulatory authority should typically refrain from imposing obligations pursuant to this Directive on the new network elements, subject to further review in subsequent market analyses. Provided due account is taken of the prospective pro-competitive effects of the co-investment at wholesale and retail level, national regulatory authorities can still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with comparable functionality to those previously available on the legacy infrastructure.
Amendment 298 #
2016/0288(COD)
Proposal for a directive
Recital 270
Recital 270
(270) Networks used for the distribution of radio or television broadcasts to the public include cable, IPTV, satellite and terrestrial broadcasting networks. They might also include other networks to the extent that a significant number of end- users use such networks as their principal means to receive radio and television broadcasts. Must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users. Accordingly complementary services include, amongst others, services designed to improve accessibility for end-usconsumers with disabilities, such as videotext, subtitling, audio description and sign language. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides for user choice the transmission of programme-related data supporting those functionalities can be included in must carry obligations.
Amendment 306 #
2016/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) 'very high capacity network' means anhigh speed electronic communications network which either consists wholly or partly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak-time conditions similar network performancewith sufficient capacity to allow unconstrained use of the network 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 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.
Amendment 307 #
2016/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘electronic communications service’ means a service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine- to-machine services and for broadcasting, but excludes interpersonal communication services as defined in paragraph (5) of the present Article, information society services, as defined in article 1 of Directive 98/34/EC, and services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;
Amendment 312 #
2016/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) 'interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it does not includes services which enable interpersonal and interactive communication merely as a minoreven as an ancillary feature that is intrinsically linked to another service;
Amendment 343 #
2016/0288(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The provision of electronic communications networks or the provision of electronic communications services other than number-independent interpersonal communications services may, without prejudice to the specific obligations referred to in Article 13(2) or rights of use referred to in Articles 46 and 88, only be subject to a general authorisation.
Amendment 363 #
2016/0288(COD)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Member States shall ensure that consumers have access to transparent, non- discriminatory, simple, fast, fair and inexpensive out-of-court procedures for their unresolved disputes with undertakings providing publicly available electronic communications services other than number-independent interpersonal communications services, arising under this Directive and relating to the contractual conditions and/or performance of contracts concerning the supply of those networks and/or services. Member States shall enable the competent national regulatory authority to act as a dispute settlement entity and shall ensure that the same dispute cannot be ruled on by two different competent authorities. Such procedures shall comply with the quality requirements set out in Chapter II of Directive 2013/11/EU. Member States may grant access to such procedures to other end-users, in particular micro and small enterprises.
Amendment 379 #
2016/0288(COD)
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of their networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services.
Amendment 384 #
2016/0288(COD)
Proposal for a directive
Article 40 – paragraph 3 – subparagraph 1
Article 40 – paragraph 3 – subparagraph 1
Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services notify without undue delay the competent authority of a breach of security that has had a significant impact on the operation of networks or services and thus a high impact on economic and societal activities.
Amendment 412 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1
Article 59 – paragraph 1 – subparagraph 1
National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of servicesInternet Access, number-based Interpersonal Communications Services and of electronic Communication Networks, , exercising their responsibility in a way that promotes efficiency, sustainable competition, the deployment of very high capacity networks, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed. They shall ensure that interoperability obligations remain proportionate and do not hinder the innovation potential of ECS providers that invest in the development of new technologies.
Amendment 416 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point b
Article 59 – paragraph 1 – subparagraph 2 – point b
(b) in justified cases and to the extent that is necessary, obligations on those undertakings that are subject to general authorisation and that control access to end-users to make their serviceto make services that connect with the publicly switched telephone network by means of an assigned numbering resource or that enable communication with a number or numbers in national or international telephone numbering plans interoperable;
Amendment 432 #
2016/0288(COD)
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
1. Member States shall ensure that undertakings providing electronic communications networks and services associated facilities, or associated services provide all the information, including financial information, necessary for national regulatory authorities, other competent authorities and BEREC to ensure conformity with the provisions of, or decisions made in accordance with, this Directive and the Specific Directives. In particular, national regulatory authorities shall have the power to require those undertakings to submit information concerning future network or service developments that could have an impact on the wholesale services that they make available to competitors. They may also require information on electronic communications networks and associated facilities which is disaggregated at local level and sufficiently detailed for the national regulatory authority to be able to conduct the geographical survey and to designate digital exclusion areas in accordance with Article 22. In accordance with Article 29, national regulatory authorities may sanction undertakings deliberately providing misleading, erroneous or incomplete informationin accordance with Article 22.
Amendment 447 #
2016/0288(COD)
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
Amendment 452 #
2016/0288(COD)
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point a
Article 22 – paragraph 1 – subparagraph 2 – point a
a) a survey of the current geographic reach of broadband networks within their territory, in particular for conducting the tasks required by Articles 62 and 65 and by Article 81, as well as for imposing obligations in accordance with Article 66 and for the surveys required for the application of State aid rules; and
Amendment 453 #
2016/0288(COD)
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 1
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 1
Amendment 453 #
2016/0288(COD)
Proposal for a directive
Article 79 – paragraph 1
Article 79 – paragraph 1
1. Member States shall ensure that all end-users in their territory have access at an affordable price, in the light of specific national conditions, to available functional internet access and voice communications services at the quality specified in their territory, including the underlying connection, at least at a fixed location.
Amendment 459 #
2016/0288(COD)
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 2
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 2
Amendment 463 #
2016/0288(COD)
Proposal for a directive
Article 79 – paragraph 2
Article 79 – paragraph 2
2. Member States shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end-users in their territory and which are necessary to take part in social inclusion. To that end, the functional internet access service shall be capable of supporting the minimum set of services set out in Annex V.
Amendment 465 #
2016/0288(COD)
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 3
Article 22 – paragraph 1 – subparagraph 3
Amendment 470 #
2016/0288(COD)
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 475 #
2016/0288(COD)
Proposal for a directive
Article 80 – paragraph 4
Article 80 – paragraph 4
4. Member States may, in the light of national conditions, ensure that support is provided to low-income or special social needs end-users in view of ensuring affordability of functional internet access and voice communications services at least at a fixed location.
Amendment 476 #
2016/0288(COD)
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 479 #
2016/0288(COD)
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 490 #
2016/0288(COD)
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Member States shall ensure that local, regional and national authorities with responsibility for the allocation of public funds for the deployment of electronic communications networks, for the design of national broadband plans, for defining coverage obligations attached to rights of use for radio spectrum and for verifying availability of services falling within the universal service obligation in their territory take into account the results of the surveys and of the designated digital exclusion areas conducted in accordance with paragraphs 1, 2 and 3, and that national regulatory authorities supply such results subject to the receiving authority ensuring the same level of confidentiality and protection of business secrets as the originating authority. These results shall also be made available to BEREC and the Commission upon their request and under the same conditions. [...]
Amendment 494 #
2016/0288(COD)
Proposal for a directive
Article 22 – paragraph 7
Article 22 – paragraph 7
Amendment 515 #
2016/0288(COD)
Proposal for a directive
Article 88 – paragraph 1
Article 88 – paragraph 1
1. Where it is necessary to grant individual rights of use for numbers, national regulatory authorities shall grant such rights, upon request, to any undertaking for the provision of electronic communications networks or services covered by a general authorisation referred to in Article 12, subject to the provisions of Articles 13 and 21(1)(c) and any other rules ensuring the efficient use of those resources in accordance with this Directive. National regulatory authorities may also grant rights of use for numbers to undertakings other than providers of electronic communications networks or services in accordance with Article 87(2).
Amendment 516 #
2016/0288(COD)
Proposal for a directive
Article 88 – paragraph 6 – subparagraph 1
Article 88 – paragraph 6 – subparagraph 1
Where the right of use for numbers includes their extraterritorial use within the Union in accordance with Article 87(4), the national regulatory authority shall attach to the right of use specific conditions in order to ensure compliance with all the relevant national consumer protection rules and national laws related to the use of numbers applicable in the Member States where the numbers are used.
Amendment 517 #
2016/0288(COD)
Proposal for a directive
Article 88 – paragraph 6 – subparagraph 2
Article 88 – paragraph 6 – subparagraph 2
Upon request from a national regulatory authority of another Member State demonstrating a breach of relevant consumer protection rules or number- related national law of that Member State, the national regulatory authority of the Member State where the rights of use for the numbers have been granted, shall enforce the conditions attached under subparagraph 1 in accordance with Article 30, including in serious cases by withdrawing the right of extraterritorial use for the numbers granted to the undertaking concerned.
Amendment 523 #
2016/0288(COD)
Proposal for a directive
Article 92 – paragraph 1
Article 92 – paragraph 1
Amendment 524 #
2016/0288(COD)
Proposal for a directive
Article 92 – paragraph 1
Article 92 – paragraph 1
Providers of electronic communications networks or services shall not apply any discriminatory requirements or conditions of access or use to end-users based on the end-user's nationality or, place of residence or temporary location unless such differences are objectively justified.
Amendment 529 #
2016/0288(COD)
Proposal for a directive
Article 92 a (new)
Article 92 a (new)
Article 92a Intra-Union calls 1. Providers of publicly available number based interpersonal communication services shall not apply tariffs to intra-Union fixed and mobile communications services terminating in another Member State which are higher from tariffs for services terminating in the same Member State, unless it is justified by the difference in mobile termination rates. 2. Where providers of publicly available number based interpersonal communication services apply different tariffs to intra-Union fixed and mobile communications services terminating in another Member State than to services terminating in the same Member State, the surcharge shall not be higher than the difference between mobile termination rate of the Member State where the call is terminating and mobile termination rate of the Member State where call is originating.
Amendment 542 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 1 – introductory part
Article 95 – paragraph 1 – introductory part
1. Before a consumer is bound by a contract or any corresponding offer, providers of publicly available electronic communications services other than number-independentinternet access services and publicly available interpersonal communications services, where applicable, shall provide the information required pursuant to Articles 5 and 6 of Directive 2011/83/EU, irrespective of the amount of any payment to be made, and the kind of remuneration. The contract specifies the following information in a clear and comprehensible manner:
Amendment 548 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 1 – point a – point i – indent 2
Article 95 – paragraph 1 – point a – point i – indent 2
- for publicly available number- based interpersonal communications services, reflecting whether technical measures for quality assurance have been taken or not: at least the time for the initial connection, failure probability, call signalling delays in accordance with Annex IX of this Directive and
Amendment 551 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 1 – point a – point i – indent 3
Article 95 – paragraph 1 – point a – point i – indent 3
- for services other than internet access services within the meaning of Article 3(5) of Regulation 2015/2120/EUconsisting in the conveyance of signals: the specific quality parameters assured,
Amendment 576 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 3
Article 95 – paragraph 3
Amendment 580 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 5 – subparagraph 1 – introductory part
Article 95 – paragraph 5 – subparagraph 1 – introductory part
Amendment 585 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 5 – subparagraph 2
Article 95 – paragraph 5 – subparagraph 2
Providers subject to the obligations under paragraphs 1-4 shall duly complete this contract summary template with the required information and provide it to consumers, and micro and small enterprises, prior to the conclusion of the contract and for distance contracts without undue delay after contract conclusion including making it available by electronic means. The contract summary shall become an integral part of the contract.
Amendment 587 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 6
Article 95 – paragraph 6
6. Providers of internet access services and providers of publicly available number-based interpersonal communications services shall offer end- usconsumers the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption. This facility shall include access to timely information on the level of consumption of services included in a tariff plan.
Amendment 611 #
2016/0288(COD)
Proposal for a directive
Article 97 – paragraph 1
Article 97 – paragraph 1
Amendment 616 #
2016/0288(COD)
Proposal for a directive
Article 97 – paragraph 2 – subparagraph 1
Article 97 – paragraph 2 – subparagraph 1
Amendment 618 #
2016/0288(COD)
Proposal for a directive
Article 97 – paragraph 2 – subparagraph 2
Article 97 – paragraph 2 – subparagraph 2
Amendment 625 #
2016/0288(COD)
Proposal for a directive
Article 98 – paragraph 2
Article 98 – paragraph 2
2. Where a contract or national law provides for a fixed duration contract to be automatically prolonged, the Member State shall ensure that, after the expiration of the initial period and unless the consumer has explicitly agreed to the extension ofwhen concluding the contract, consumers are entitled to terminate the contract at any time with a one-month notice period and without incurring any costs except the cost of providing the service during the notice perioeffective by the end of the prolongation period with a one-month notice period. Providers shall inform the consumer in a prominent way and by the same means as those normally used in their communications with consumers about the end of the initial contract duration reasonably before the contract is automatically prolonged.
Amendment 631 #
2016/0288(COD)
Proposal for a directive
Article 98 – paragraph 3
Article 98 – paragraph 3
3. End-users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services other than number-independent interpersonal communications services, unless the proposed changes are exclusively to the benefit ofnot detrimental for the end-user or they are strictly necessary to implement legislative or regulatory changes. Providers shall notify end-users, at least one month in advance, of any such change, and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions. Member States shall ensure that notification is made in a clear and comprehensible manner on a durable medium and in a format chosen by the end-user at the time of concluding by the same means as the provider ordinarily uses in its communications withe contractsumers.
Amendment 635 #
2016/0288(COD)
Proposal for a directive
Article 98 – paragraph 4
Article 98 – paragraph 4
4. Where an early termination of a contract on a publicly available electronic communications service by the end-user is possible in accordance with this Directive, other provisions of Union law or national law, no compensation shall be due by the end-user other than for the pro rata temporis value of subsidised equipment bundled with the contract at the moment of the contract conclusion and a pro rata temporis reimbursement for any other promotional advantages marked as such at the moment of the contract conclusion including price advantages granted only in case of commitment to longer term contract durations. Any restriction on the usage of terminal equipment on other networks shall be lifted, free of charge, by the provider at the latest upon payment of such compensation.
Amendment 656 #
2016/0288(COD)
Proposal for a directive
Article 100 – paragraph 1
Article 100 – paragraph 1
1. If a bundle of services or a bundle of services and goodsterminal equipment offered to an end- user comprises at least a publicly available electronic communications service other than number-independent interpersonal communicationn internet access services, Articles 95, 96 (1), 98 and 99 (1)8 shall apply mutatis mutandis to all elements of the bundle except where the provisions applicable to another element of the bundle are more favourable to the end- user.
Amendment 662 #
2016/0288(COD)
Proposal for a directive
Article 100 – paragraph 2
Article 100 – paragraph 2
2. Any subscription to additional services or goodsterminal equipment provided or distributed by the same provider of publicly available electronic communications services other than number-independent interpersonal communicationan internet access services shall not re-start the contract periodextend the term of the initial contract unless the additional services or goods are offered at a special promotional price available only onexplicitly agreed otherwise when subscribing to the conaddition that the existing contract period is re-startedal services or terminal equipment.
Amendment 663 #
2016/0288(COD)
Proposal for a directive
Article 100 – paragraph 2
Article 100 – paragraph 2
(2) Any subscription to additional services or goods provided or distributed by the same provider of publicly available electronic communications services other than number-independent interpersonal communications services shall not re-start the contract period of the initial contract unless the additional services or goods are offered at a special promotional price available only on the condition that the existing contract period is re-startedprovider and the consumer have agreed otherwise in accordance with existing law.
Amendment 673 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 1
Article 102 – paragraph 1
1. Member States shall ensure that all end-users of the service referred to in paragraph 2, including users of public pay telephones, where available, are able to accesscall the emergency voice services through emergency voice communications free of charge and without having to use any means of payment, by using the single European emergency number ‘'112’' and any national emergency number specified by Member States.
Amendment 677 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 2
Article 102 – paragraph 2
2. Member States, in consultation with national regulatory authorities and emergency services and providers of electronic communications services, shall conduct all necessary preparations and ensure that undertakings providing end- users with publicly available number- based interpersonal communications service provide access to voice emergency services through emergency voice communications to the most appropriate PSAP. In case of an appreciable threat to effective access to emergency voice services the obligation for undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c).
Amendment 686 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 3
Article 102 – paragraph 3
3. Member States shall ensure that all emergency communicationvoice calls to the single European emergency number ‘'112’' are appropriately answered and handled in the manner best suited to the national organisation of emergency systems. Such emergency communicationcalls shall be answered and handled at least as expeditiously and effectively as emergency communicationcalls to the national emergency number or numbers, where these continue to be in use.
Amendment 695 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 4
Article 102 – paragraph 4
4. Member States shall ensure that access for disabled end-users to emergency services is available through emergency communicationcalls and is equivalent to that enjoyed by other end- users. Measures taken to ensure that disabled end-users are able to access emergency services through emergency communications whilst travelling in other Member States shall be based to the greatest extent possible on European standards or specifications published in accordance with the provisions of Article 39, and they shall not prevent Member States from adopting additional requirements in order to pursue the objectives set out in this Article.
Amendment 706 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 5
Article 102 – paragraph 5
5. Member States shall ensure that caller location information is available to the most appropriate PSAP without delay after the emergency communicationcall is set up. Member States shall ensure that the establishment and the transmission of the caller location information are free of charge for the end- user and to the authority handling the emergency communication with regard to all emergency communicationcall with regard to all calls to the single European emergency number ‘'112’'. Member States may extend that obligation to cover emergency communicationcalls to national emergency numbers. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided.
Amendment 713 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 7 – subparagraph 1
Article 102 – paragraph 7 – subparagraph 1
In order to ensure effective access to voice emergency services through emergency communicationcalls to ‘'112’' services in the Member States, the Commission, shall be empowered to adopt delegated acts in accordance with Article 109 on the measures necessary to ensure the compatibility, interoperability, quality, reliability and continuity of voice emergency communications in the Union with regard to caller location solutions, access for disabled end-users and routing to the most appropriate PSAP.
Amendment 752 #
2016/0288(COD)
Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1
Article 106 – paragraph 1 – subparagraph 1
Member States may impose reasonable ‘'must carry’' obligations, for the transmission of specified radio and television broadcast channels and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting connected TV services and electronic programme guideof general interest, which have a specifically high importance for the individual and public formation of opinions, and accessibility services to enable appropriate access for disabled consumers, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end- users of such networks use them as their principal means to receive radio and television broadcast channels. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.
Amendment 762 #
2016/0288(COD)
Proposal for a directive
Article 108 – paragraph 1
Article 108 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 109 concerning the adaptations of Annexes V, VI, VIII, IX, and X in order to take account of technological and social developments or changes in market demand The Commission shall ensure that relevant stakeholders are consulted prior to the adoption of delegated acts.
Amendment 785 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 3
Article 59 – paragraph 3
Amendment 789 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 4
Article 59 – paragraph 4
4. Obligations and conditions imposed in accordance with paragraph 1,2 and 32 shall be objective, transparent, proportionate and non-discriminatory, they shall be implemented in accordance with the procedures referred to in Articles 236, 732 and 33. National regulatory authorities shall assess the results of such obligations and conditions within five years from the adoption of the previous measure adopted in relation to the same operators and whether it would be appropriate to withdraw or amend them in the light of evolving conditions. National regulatory authorities shall notify the outcome of their assessment in accordance with the same procedures.7a33of Directive 2002/21/EC (Framework Directive)
Amendment 816 #
2016/0288(COD)
Proposal for a directive
Article 65 – paragraph 2 – introductory part
Article 65 – paragraph 2 – introductory part
2. Where a national regulatory authority conducts the analysis required by paragraph 1, it shall consider developments from a forward-looking perspective in the absence of regulation imposed on the basis of this Article in that relevant market, and taking into accoundetermine that a market is such as to justify the imposition of regulatory obligations pursuant to paragraph 1 when the following criteria are cumulatively met:
Amendment 825 #
2016/0288(COD)
Proposal for a directive
Article 65 – paragraph 2 – point a
Article 65 – paragraph 2 – point a
(a) the existabsence of market developments which may increaste the likelihood of the relevant market tending towards effective competition, such as those commercial co- investment or access agreements between operators which benefit competitive dynamics sustainably;
Amendment 833 #
2016/0288(COD)
Proposal for a directive
Article 65 – paragraph 2 – point b
Article 65 – paragraph 2 – point b
(b) allbsence of significant relevant competitive constraints, including at retail level, irrespective of whether the sources of such constraints are deemed to be electronic communications networks, electronic communications services, or other types of services or applications which are comparable from the perspective of the end-user, and irrespective of whether such constraints are part of the relevant market;
Amendment 836 #
2016/0288(COD)
Proposal for a directive
Article 65 – paragraph 2 – point c
Article 65 – paragraph 2 – point c
(c) other types of regulation or measures imposed and affecting the relevant market or related retail market or markets throughout the relevant period, including, without limitation, obligations imposed in accordance with Articles 44, 58 and 59 are insufficient to adequately address the identified market failure(s); and
Amendment 839 #
2016/0288(COD)
Proposal for a directive
Article 65 – paragraph 2 – point d
Article 65 – paragraph 2 – point d
(d) regulation imposed on other relevant markets on the basis of this Article is insufficient to adequately address the identified market failure(s).
Amendment 841 #
2016/0288(COD)
Proposal for a directive
Article 65 – paragraph 4
Article 65 – paragraph 4
4. Where a national regulatory authority determines that, in a relevant market the imposition of regulatory obligations in accordance with paragraphs 1 and 2 of this Article is justified, it shall identify any undertakings which individually or jointly have a significant market power on that relevant market in accordance with Article 61. The national regulatory authority shall impose on such undertakings appropriate specific regulatory obligations in accordance with Article 66 or maintain or amend such obligations where they already exist if it considers thatthe following criteria are cumulatively met: (a) one or more retail markets would not be effectively competitive in the absence of those obligations; and (b) there are no obligations imposed in other wholesale markets, which address the identified competition problem in the retail market in question.
Amendment 849 #
2016/0288(COD)
Proposal for a directive
Article 65 – paragraph 6 a (new)
Article 65 – paragraph 6 a (new)
6 a. Where, on a forward-looking basis, three access network operators are present or are expected to be present and to sustainably compete in the same retail market, national regulatory authorities shall not identify an operator as having significant market power.
Amendment 859 #
2016/0288(COD)
Proposal for a directive
Article 66 – paragraph 6
Article 66 – paragraph 6
6. National regulatory authorities shall consider the impact of new or planned market developments which are reasonably likely to affect competitive dynamics, such as in relation to commercial agreements, including without limitation co- investment agreements, which have been concluded or unforeseeably breached or terminated affecting competitive dynamics and/or undertakings absent from any retail market for electronic communications services. National regulatory authorities shall do so: (a) on their own initiative, taking account of the need for predictable market conditions, or (b) on a reasoned request. If these developments are not sufficiently important in order to determine the need to undertakrequire a new market analysis in accordance with Article 65, the national regulatory authority shall assess without delay whether it is necessary to review the obligations imposedand amend any previous decision, including by withdrawing obligations or imposing new obligations on operators designated with significant market power in order to ensure that such obligations continue to meet the conditions in paragraph 4. Such amendmentrequirements of this Directive, or whether to decide that no, fewer or less onerous obligations shall be imposed with respect to a planned development. Such decisions shall only be imposedmade following consultation in accordance with Articles 23 and 32.
Amendment 872 #
2016/0288(COD)
Proposal for a directive
Article 70
Article 70
Amendment 901 #
2016/0288(COD)
Proposal for a directive
Article 70 a (new)
Article 70 a (new)
Article 70 a Access obligations beyond civil engineering In geographic areas where two access networks can be expected on a forward- looking basis and where at least one of the network operators offers wholesale access to any interested undertaking, on reasonable commercial terms permitting sustainable competition on the retail market, national regulatory authorities shall not impose or maintain wholesale access obligations, beyond access to civil infrastructure according to Article 3 of Directive 2014/61/EU.
Amendment 906 #
2016/0288(COD)
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 1
Article 71 – paragraph 1 – subparagraph 1
Only where a national regulatory authority concludes that the obligations imposed in accordance with Article 703 of Directive 2014/61/EU would not on their own lead to the achievement of the objectives set out in Article 3, it may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, in situations where this is not to the detriment of innovative developments such as very high capacity networks and software emulated networks, and where the national regulatory authority considers that denial of access or 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.
Amendment 913 #
2016/0288(COD)
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – introductory part
Article 71 – paragraph 1 – subparagraph 2 – introductory part
Operators may be required inter alia:
Amendment 918 #
2016/0288(COD)
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a
Article 71 – paragraph 1 – subparagraph 2 – point a
(a) to give third parties access to specified network elements and/or facilities,at a single network layer that best addresses the problem identified at retail level as appropriate including access to network elements which are either not active (or physical) and/or active (or virtual unbundled) access to the local loop;
Amendment 931 #
2016/0288(COD)
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point d
Article 71 – paragraph 1 – subparagraph 2 – point d
(d) to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services;
Amendment 934 #
2016/0288(COD)
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point f
Article 71 – paragraph 1 – subparagraph 2 – point f
(f) to provide specified services needed to ensure interoperability of end-to- end services to users, including facilities for software emulated networks or roaming on mobile networks;
Amendment 960 #
2016/0288(COD)
Proposal for a directive
Article 71 – paragraph 2 – point e
Article 71 – paragraph 2 – point e
(e) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition and to sustainable competition such as those based on co- investment in networks and other innovative commercial business models;
Amendment 971 #
2016/0288(COD)
Proposal for a directive
Article 71 – paragraph 2 a (new)
Article 71 – paragraph 2 a (new)
2 a. In order to account for the long- term interest of end-users, national regulatory authorities should focus more on facilitating network investments by all operators. Regulation should not be to the detriment of innovative developments, in particular very high capacity networks, software defined networks and network function virtualisation. Only where strictly necessary to safeguard competition and where no alternative access possibilities, including access based on commercial agreements, exist, regulated access should be maintained in an appropriate and balanced manner, i.e. at a single network layer. Regulated access at multiple network layers has led to unnecessarily high complexity with regard to the consistency of regulated wholesale products at different network layers and unduly restricts flexibility and commercial freedom in the dynamic telecoms market environment. Limiting access to a single network layer that best addresses the problem identified at the retail level will significantly reduce regulatory costs and the potential for regulatory gaming by market players, leading to more efficient and appropriate outcomes. In this regard, national regulatory authorities should assess whether active or passive access is more appropriate in consideration of national or local circumstances. As unbundling is detrimental to network investments by allowing 'cream-skimming' of the most profitable customers at average cost, there should no longer be an obligation to provide unbundled access, which undermines investment models based on product and price differentiation.
Amendment 973 #
2016/0288(COD)
Proposal for a directive
Article 72 – paragraph 1 – subparagraph 1
Article 72 – paragraph 1 – subparagraph 1
A national regulatory authority may, in accordance with the provisions of Article 66, impose obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning cost accounting systems, for the provision of specific types of interconnection and/or access, in situations where a market analysis indicates that a lack of effective competition means that the operator concerned may sustain prices at an excessively . A national regulatory authority may only impose price controls that ensure fair and reasonable prices and do not negatively impact investments. When applied, a price control shall meet the following cumulative conditions: (a) the price control ensures recovery of all investments connected to the deployment of new networks and fully incorporates the risks associated with these investments; (b) the price control does not lead to a situation where the investing operator is put at a disadvantage compared to non- investing operators or lead to a situation under whigch level, or may apply a price squeeze, to the detriment of end- usan investment would not have been made in the first place; (c) the price control avoids undue profit margins for access seekers to the detriment of the investing operator and appropriately reflects differences in the risks taken by different access seekers.
Amendment 978 #
2016/0288(COD)
Proposal for a directive
Article 72 – paragraph 1 – subparagraph 2
Article 72 – paragraph 1 – subparagraph 2
In determining whether or not price control obligations would be appropriate, national regulatory authorities shall take into account long-term end-user interests related to investment in, the deployment of and take-up of next-generation networks, and in particular of very high capacity networks. In particular, to encourage investments by the operator, including in next-generation networks, national regulatory authorities shall take into account the investment made by the operator. Where the national regulatory authorities deem price controls appropriate, they shall allow the operator a reasonable rate of return on adequate capital employed, taking into account any risks specific to a particular new investment network project.
Amendment 982 #
2016/0288(COD)
Proposal for a directive
Article 72 – paragraph 1 – subparagraph 3
Article 72 – paragraph 1 – subparagraph 3
National regulatory authorities shall not impose or maintain obligations pursuant to this Article, either for new network elements in case a network roll-out contributes to the availability of very-high capacity networks or where they establish that a demonstrable retail price constraint is present and that any obligations imposed in accordance with Articles 67 to 71, including in particular any economic replicability test imposed in accordance with Article 68 ensures effective and non discriminatoryion of access.
Amendment 983 #
2016/0288(COD)
Proposal for a directive
Article 72 – paragraph 3
Article 72 – paragraph 3
Amendment 985 #
Amendment 1012 #
2016/0288(COD)
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a
Article 74 – paragraph 1 – subparagraph 1 – point a
(a) the deployment of the new network elements is open to 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;
Amendment 1020 #
2016/0288(COD)
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a – point i (new)
Article 74 – paragraph 1 – subparagraph 1 – point a – point i (new)
i) is conducted by a joint venture established by two or more undertakings with shared ownership, and one or more undertaking participating in the joint venture provides wholesale access or competes on retail level; or
Amendment 1021 #
2016/0288(COD)
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a – point ii (new)
Article 74 – paragraph 1 – subparagraph 1 – point a – point ii (new)
ii) is open to 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; or
Amendment 1022 #
2016/0288(COD)
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a – point iii (new)
Article 74 – paragraph 1 – subparagraph 1 – point a – point iii (new)
iii) is conducted by a single undertaking that provides a wholesale offer on terms which, similar to conditions for co-investment in subparagraph ii), favour competition in the long term by including, inter alia, fair, reasonable and non-discriminatory terms offered to potential access seekers; flexibility in terms of the value and timing of the commitment provided by each access seeker; possibility to increase such commitment in the future;
Amendment 1028 #
2016/0288(COD)
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point c
Article 74 – paragraph 1 – subparagraph 1 – point c
(c) access seekers not participating in the co-investmentone of the deployment models listed in point (a) can benefit from the same quality, speed, conditions and end- user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority;
Amendment 1035 #
2016/0288(COD)
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2
Article 74 – paragraph 1 – subparagraph 2
When assessing co-investment offers and processes referred to in point (a) of the first subparagraphdeployment models listed in subparagraphs (ii) and (iii) of point (a), national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.
Amendment 1113 #
2016/0288(COD)
Proposal for a directive
Annex IV – paragraph 1 – introductory part
Annex IV – paragraph 1 – introductory part
When assessing aoffers for co-investment offerr wholesale access pursuant to Article 74 (1), the national regulatory authority shall verify whether the following criteria have been met:
Amendment 1122 #
2016/0288(COD)
Proposal for a directive
Annex IV – paragraph 1 – point b – indent 2
Annex IV – paragraph 1 – point b – indent 2
- full detailed terms must be made available without undue delay to any potential bidder that has expressed an interest, including the legal form of the co- investment or wholesale access agreement and - when relevant - the heads of term of the governance rules of the co-investment vehicle; and
Amendment 1124 #
2016/0288(COD)
Proposal for a directive
Annex IV – paragraph 1 – point b – indent 3
Annex IV – paragraph 1 – point b – indent 3
- The process, like the road map for the establishment and development of the co-investment projectdeployment models pursuant to subparagraphs (ii) and (iii) of Article 74 (1) (a) of the new network elements must be set in advance, it must clearly explained in writing to any potential co-investor and access seeker, and all significant milestones be clearly communicated to all undertakings without any discrimination.
Amendment 1126 #
2016/0288(COD)
Proposal for a directive
Annex IV – paragraph 1 – point c – introductory part
Annex IV – paragraph 1 – point c – introductory part
(c) The co-investment offer shall include terms to potential co-investors and access seekers which favour sustainable competition in the long term, in particular:
Amendment 1129 #
2016/0288(COD)
Proposal for a directive
Annex IV – paragraph 1 – point c – indent 1
Annex IV – paragraph 1 – point c – indent 1
- All undertakings have to be offered fair, reasonable and non-discriminatory terms and conditions for participation in the co-investment or wholesale access agreement relative to the time they join, including in terms of financial consideration required for the acquisition of specific rights, in terms of the protection awarded to the co-investors and access seekers by those rights both during the building phase and during the exploitation phase, for example by granting indefeasible rights of use (IRUs) for the expected lifetime of the co-investnewly deployed network elements and in terms of the conditions for joining and potentially terminating the co-investment agreementor wholesale access agreement. Fair, reasonable and non-discriminatory terms shall ensure cost recovery and take into account the risks associated to the investments by the operator. Non-discriminatory terms in this context do not entail that all potential co-investors or access seekers must be offered exactly the same terms, including financial terms, but that all variations of the terms offered must be justified on the basis of the same objective, transparent, non-discriminatory and predictable criteria such as the number of end user lines committed for.
Amendment 1132 #
2016/0288(COD)
Proposal for a directive
Annex IV – paragraph 1 – point c – indent 2
Annex IV – paragraph 1 – point c – indent 2
- – The offer must allow flexibility in terms of the value and timing of the commitment provided by each co-investor or wholesale access provider, for example by means of an agreed and potentially increasing percentage of the total end user lines in a given area, to which co-investors or access seekers have the possibility to commit gradually and which shall be set at a unit level enabling smaller co-investors to gradually increase their participation while ensuring adequate levels of initial commitment. The determination of the financial consideration to be provided by each co- investor or access seeker needs to reflect the fact that early investors accept greater risks and engage capital sooner.
Amendment 1134 #
2016/0288(COD)
Proposal for a directive
Annex IV – paragraph 1 – point c – indent 3
Annex IV – paragraph 1 – point c – indent 3
- A premium increasing over time has to be considered as justified for commitments made at later stages and for new co-investors entering the co- investmentor access seekers entering after the commencement of the project, to reflect diminishing risks and to counteract any incentive to withhold capital in the earlier stages.
Amendment 1135 #
2016/0288(COD)
Proposal for a directive
Annex IV – paragraph 1 – point c – indent 3 a (new)
Annex IV – paragraph 1 – point c – indent 3 a (new)
- Terms and conditions reflecting utilization risks stemming from e.g. low take-up rates compared to overall coverage have to be considered as justified.
Amendment 1137 #
2016/0288(COD)
Proposal for a directive
Annex IV – paragraph 1 – point c – indent 4
Annex IV – paragraph 1 – point c – indent 4
- – The co-investment or wholesale access agreements hasve to allow the assignment of acquired rights by co-investors to other co- investors, access seekers or to third parties willing to enter into the co- investment or wholesale access agreement subject to the transferee undertaking being obliged to fulfil all original obligations of the transferor under the co-investment or wholesale access agreement.
Amendment 1139 #
2016/0288(COD)
Proposal for a directive
Annex IV – paragraph 1 – point c – indent 5
Annex IV – paragraph 1 – point c – indent 5
- Co-investors have to grant each other reciprocal rights on fair and reasonable terms and conditions to access the co-invested infrastructure for the purposes of providing services downstream, including to end-users, according to transparent conditions which have to be made transparent in the co- investment offer and subsequent agreement, in particular where co-investors are individually and separately responsible for the deployment of specific parts of the network. If a co-investment vehicle is created, it has to provide access to the network to all co-investors, whether directly or indirectly, on an equivalence of inoutputs basis and according to fair and reasonable terms and conditions, including financial conditions that reflect the different levels of risk accepted by the individual co-investors.
Amendment 1140 #
2016/0288(COD)
Proposal for a directive
Annex IV – paragraph 1 – point d
Annex IV – paragraph 1 – point d
Amendment 222 #
2016/0286(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) BEREC should be allowed to engage in communication activities within its field of competence, which should not be detrimental to BEREC’s core tasks and should be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board. The content and implementation of BEREC’s communication strategy should be coherent, and relevant and coordinated with the strategies and activities of the Commission and the other institutions in order to take into consideration the broader image of the Union.
Amendment 268 #
2016/0286(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3 a. Every second year the Board of Regulators appoints the Chairperson for the year subsequent to the following year and the Deputy Chairperson for the following year.
Amendment 270 #
2016/0286(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4 a. Where appropriate to safeguard the independence of BEREC or to avoid the conflict of interest, the Chairperson and the Deputy Chairperson may indicate point(s) on the agenda where the observers shall not participate in the plenary meeting.
Amendment 279 #
2016/0286(COD)
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure.
Amendment 702 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point b – point i – indent 1
Article 265 – paragraph 1 – point 11 – point b – point i – indent 1
(iii) a publicly-owned bank or financial institution, established as a legal entity carrying out financial activities on a professional basis, which fulfils all the following conditions:
Amendment 705 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point b – point i – indent 1
Article 265 – paragraph 1 – point 11 – point b – point i – indent 1
- carries out its activities including development activities in regions, policy areas and or sectors for which access to funding from market sources is not generally available or sufficient;
Amendment 706 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point b – point i – indent 1
Article 265 – paragraph 1 – point 11 – point b – point i – indent 1
Regulation 1303/2013
Article 38 para 4
Article 38 para 4
- operates on a non-profit maximisation basiwithout primarily focus on maximising profits in order to ensure a long-term financial sustainability;
Amendment 708 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point b – point ii
Article 265 – paragraph 1 – point 11 – point b – point ii
When implementing the financial instrument, the bodies referred to in points (a) to (d) of the first subparagraph shall ensure compliancecomply with applicable law, including rules covering the ESI Funds, State aid, public procurement and relevant standards and applicable legislation on the prevention of money laundering, the fight against terrorism, tax fraud and tax evasion. Those bodies shall not make use of or engage in tax avoidance structures, in particular aggressive tax planning schemes or practices not complying with EU tax good governance cpriterianciples, as set out in EUthe Union legislation including Commission recommendations and communications or or any formal notice by the latter. In this context, the bodies implementing financial instruments shall take the utmost account of the policies of the Union. They shall not be established and, in relation to the implementation of the financial operations instruments shall not maintain business relations with entities incorporated in jurisdictions that do not co-operate with the Union in relation to the application of the internationally agreed tax standards on transparency and exchange of information. Those bodies may, under their responsibility, conclude agreements with financial intermediaries for the implementation of financial operations instruments. They shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial operations instruments under such agreements.
Amendment 710 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point d (new) Regulation 1303/2013
Article 265 – paragraph 1 – point 11 – point d (new) Regulation 1303/2013
8a. Notwithstanding Articles 70 and 93(1), contributions pursuant to paragraph 1 of this Article may be used for the purpose of giving rise to new debt and equity finance in the entire territory of the Member State without regard to the categories of region, unless otherwise provided for in the funding agreement.
Amendment 719 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 24 – point a
Article 265 – paragraph 1 – point 24 – point a
application of a flat rate net revenue percentage established by a Member State for a sector or sub-sector not covered under point (a). Before the application of the flat rate the responsible audit authority shall satisfy itself that the flat rate has been established according to a fair, equitable and verifiable method based on historical data or objective criteria.;
Amendment 743 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 57
Article 265 – paragraph 1 – point 57
Where documents are kept on commonly accepted data carriers in accordance with the procedure laid down in paragraph 5, no originals shall be required, except at least for the cases where fraud suspicions exist.
Amendment 85 #
2016/0152(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In order to realise the objective of ensuring good functioning of the internal market, as an area without internal frontiers in which the free movement of inter alia goods and services is ensured, it is not sufficient to abolish, as between Member States, only State barriers. Such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms. That occurs where traders operating in one Member State block or limit the access to their online interfaces, such as websites and apps, of custoonsumers from other Member States wishing to engage in cross-border commercial transactions (a practice known as geo-blocking). It also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such custoonsumers from other Member States, both online and offline. Whereas there may sometimes be objective justifications for such differential treatment, in other cases traders deny consumers wishing to engage in cross- border commercial transactions access to goods or services, or apply different conditions in this regard, for purely commercial reasons. This practice undermines the core purpose of the internal market, lowers consumers' options and the level of competition.
Amendment 91 #
2016/0152(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services, thus restricting the rights of custoonsumers and preventing them from benefitting from a wider choice and optimal conditions. Such discriminatory practices are an important factor contributing to the relatively low level of cross-border commercial transactions within the Union, including in the sector of electronic commerce, which prevents the full growth potential of the internal market from being realiseda truly integrated internal market and its fostering. Clarifying in which situations there can be no justification for differential treatment of this kind should bring clarity and legal certainty for all participants in cross-border transactions and should ensure that rules on non-discrimination can be effectively applied and enforced across the internal market.
Amendment 95 #
2016/0152(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Pursuant to Article 20 of Directive 2006/123/EC of the European Parliament and of the Council17 , Member States are to ensure that service providers established in the Union do not treat recipients of services differently on the basis of their nationality or place of residence. However, that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty, particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice. Moreover, geo-blocking and other forms of discrimination based on nationality, or place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries, which fall outside the scope of that Directive. that are necessary to tackle. __________________ 17 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 101 #
2016/0152(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation aims at preventing discrimination based on custoonsumers' nationality, or place of residence or place of establishment, including geo-blocking, in cross-border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the Union. It seeks to address direct as well as indirect discrimination, thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on custoonsumers' nationality, or place of residence or place of establishment. Such other criteria can be applied, in particular, on the basis of information indicating the physical location of custoonsumers, such as the IP address used when accessing an online interface, the address submitted for the delivery of goods, the choice language made or the Member State where the custoonsumer's payment instrument has been issued.
Amendment 115 #
2016/0152(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Considering that some regulatory and administrative barriers for traders have been removed across the Union in certain services sectors as a result of the implementation of Directive 2006/123/EC, in terms of material scope, consistency should be ensured between this Regulation and Directive 2006/123/EC. As a consequence, the provisions of this Regulation should apply inter alia to non- audio-visual copyright-protected works when a copyrighted content is blocked for reasons that are not copyright and electronically supplied services, the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, subject however to the specific exclusion provided for in Article 4 and the subsequent evaluation of that exclusion as provided for in Article 9. Audio-visual services, including services the main feature of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses, are excluded from the scope of this Regulation. Access to retail financial services, including payment services, should therefore also be excluded, nevertheless the Commission should review possibilities to include it in the scope of the Regulation, notwithstanding the provisions of this Regulation regarding non-discrimination in payments.
Amendment 125 #
2016/0152(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) This Regulation should also cover the sale of a bundle of services. However, a trader should be under no obligation to sell the bundle of services if he or she does not have the legal right to provide a part of one or several services that are included in that bundle.
Amendment 133 #
2016/0152(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation should not affect acts ofbe without prejudice to Union law concerning judicial cooperation in civil matters, notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in Regulations (EC) No 593/2008 of the European Parliament and of the Council24 and (EU) 1215/2012 of the European Parliament and of the Council25 , including the application of those acts and provisions in individual cases. In particular, the mere fact that a trader provides access to his or her online interface for consumers from other Member States acts in accordance with the provisions of this Regulation should not be construed as implying that he directs his activities to the consumer's Member State for the purpose of such application. __________________ 24 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6). 25 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
Amendment 138 #
2016/0152(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) In case the commercial practice of the trader does not correspond to his or her indication pursuant to Article 8a, Article 6 of Regulation (EC) No 593/2008 and Article 18 of Regulation (EU) 1215/2012 should apply. Moreover, this should be without prejudice to any trader's liability for misleading or unfair practice pursuant to Directive 2005/29/EC of the European Parliament and of the Council 1a. _______________ 1aDirective 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (ʻUnfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22).
Amendment 141 #
2016/0152(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The discriminatory practices that this Regulation seeks to address typically take place through general terms, conditions and other information set and applied by or on behalf of the trader concerned, as a precondition for obtaining access to the goods or services in question, and that are made available to the public at large. Such general conditions of access include inter alia prices, payment conditions and delivery conditions. They can be made available to the public at large by or on behalf of the trader through various means, such as information published in advertisements, on websites or pre-contractual or contractual documentation. Such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the custoonsumer. Terms and conditions that are individually negotiated between the trader and the custoonsumers should not be considered general conditions of access for the purposes of this Regulation.
Amendment 156 #
2016/0152(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The effects for custoonsumers and on the internal market of discriminatory treatment in connection to commercial transactions relating to the sales of goods or the provision of services within the Union are the same, regardless of whether a trader is established in a Member State or in a third country. Therefore, and with a view to ensuring that competing traders are subject to the same requirements in this regard, the measures set out in this Regulation should apply equally to all traders operating within the Union.
Amendment 166 #
2016/0152(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Certain traders operate different versions of their online interfaces, targeting custoonsumers from different Member States. While this should remain possible, redirecting a custoonsumer from one version of the online interface to another version without his or her explicit consent should be prohibited. All versions of the online interface should remain easily accessible to the custoonsumer at all times.
Amendment 183 #
2016/0152(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The first of those situations is where the trader sells goods and there is no cross-border delivery of those goods by or on behalf of the trader to the Member State where the custoonsumer resides. In that situation the custoonsumer should be able to purchase goods, under exactly the same conditions, including price and conditions relating to the delivery of the goods, as similar custoonsumers who are residents of the Member State of the trader. That may mean that a foreign custoonsumer will have to pick up the good in that Member State, or in a different Member State to which the trader delivers. In this situation, the trader has no obligation to cover any additional costs of the cross-border delivery. Furthermore, there is no need to register for value added tax ("VAT") in the Member State of the custoonsumer, nor arrange for the cross-border delivery of goods.
Amendment 200 #
2016/0152(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In all those situations, by virtue of the provisions on the law applicable to contractual obligations and on jurisdiction set out in Regulations (EC) No 593/2008 and (EU) 1215/2012, where a trader does not pursue his activities in the Member State of the consumer or does not direct his activities there, or where the customer is not a consumer, compliance with this Regulation does not imply any additional costs for the trader associated with jurisdiction or differences in applicable law. Where, in contrast, a trader does pursue his activities in the consumer's Member State or does direct his activities there, the trader has manifested its intention to establish commercial relations with consumers from that Member State and thus been able to take account of any such costs.
Amendment 205 #
2016/0152(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Traders falling under the special scheme provided in Chapter 1 of Title XII of Council Directive 2006/112/EC27 are not required to pay VAT. For those traders, when providing electronically supplied services, the prohibition of applying different general conditions of access for reasons related to the nationality, or place of residence or place of establishment of the custoonsumer would imply a requirement to register in order to account for VAT of other Member States and might entail additional costs, which would be a disproportionate burden, considering the size and characteristics of the traders concerned. Therefore, those traders should be exempted from that prohibition for such time as such a scheme is applicable. __________________ 27 Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1–118)
Amendment 212 #
2016/0152(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In all those situations, traders may in some cases be prevented from selling goods or providing services to certain customers or to custoonsumers in certain territories, for reasons related to the nationality, or place of residence or place of establishment of the custoonsumer, as a consequence of a specific prohibition or a requirement laid down in Union law or in the laws of Member States in accordance with Union law. Laws of Member States may also require, in accordance with Union law, traders to respect certain rules on the pricing of books. Traders should not be prevented from complying with such laws in as far as necessary.
Amendment 220 #
2016/0152(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Directive 2015/2366/EU of the European Parliament and of the Council28 introduced strict security requirements for the initiation and processing of electronic payments, which reduced the risk of fraud for all new and more traditional means of payment, especially online payments. Payment service providers are obliged to apply so-called strong customer authentication, an authentication process that validates the identity of the user of a payment service or of the payment transaction. For remote transactions, such as online payments, the security requirements go even further, requiring a dynamic link to the amount of the transaction and the account of the payee, to further protect the user by minimising the risks in case of mistakes or fraudulent attacks. As a result of theose provisions, the risk of payment fraud in national and cross-border purchases ihas brought to an equal level and should not be used as an argument to refuse or discriminate any commercial transactions within the Union. een significantly reduced. However, in case of direct debits where the trader might not be able to assess a consumer's creditworthiness properly, or it would require entering into a new or modified contract with the payment solution providers, the trader should be allowed to request an advance payment via SEPA credit transfer before dispatching the goods or providing the service. Different treatment is therefore justifiable in situations where there are no other means available to the trader to verify the creditworthiness of the consumer. __________________ 28 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35– 127).
Amendment 222 #
2016/0152(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Directive 2015/2366/EU of the European Parliament and of the Council28 introduced strict security requirements for the initiation and processing of electronic payments, which reduced the risk of fraud for all new and more traditional means of payment, especially online payments. Payment service providers are obliged to apply so-called strong custoonsumer authentication, an authentication process that validates the identity of the user of a payment service or of the payment transaction. For remote transactions, such as online payments, the security requirements go even further, requiring a dynamic link to the amount of the transaction and the account of the payee, to further protect the user by minimising the risks in case of mistakes or fraudulent attacks. As a result of these provisions, the risk of payment fraud in national and cross- border purchases is brought to an equal level and should not be used as an argument to refuse or discriminate any commercial transactions within the Union. __________________ 28 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35– 127).
Amendment 224 #
2016/0152(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) This Regulation should not affect the application of the rules on competition, and in particular Articles 101 and 102 TFEU. Agreements imposing on traders obligations not to engage in passive sales within the meaning of Commission Regulation (EU) No 330/201029 to certain custoonsumers or to custoonsumers in certain territories are generally considered restrictive of competition and cannot normally be exempted from the prohibition laid down in Article 101(1) TFEU. Even when they are not caught by Article 101 TFEU, in the context of the application of this Regulation, they disrupt the proper functioning of the internal market and they may be used to circumvent the provisions of this Regulation. The relevant provisions of such agreements and of other agreements in respect of passive sales requiring the trader to act in violation of this Regulation should therefore be automatically void. However, this Regulation, and in particular its provisions on access to goods or services, should not affect agreements restricting active sales within the meaning of Regulation (EU) No 330/2010. __________________ 29 Commission Regulation (EU) No 330/2010 of 20 April 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices (OJ L 102, 23.4.2010, p. 1).
Amendment 242 #
2016/0152(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to achieve the objective of effectively addressing direct and indirect discrimination based on the nationality, or place of residence or place of establishment of custof consumers, it is appropriate to adopt a Regulation, which directly applies in all Member States. This is necessary in order to guarantee the uniform application of the non- discrimination rules across the Union and their entering into force at the same time. Only a Regulation ensures the degree of clarity, uniformity and legal certainty which is necessary in order to enable custoonsumers to fully benefit from those rules.
Amendment 246 #
2016/0152(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Since the objective of this Regulation, namely the prevention of direct and indirect discrimination based on nationality, or place of residence or place of establishment of custof consumers, including geo- blocking, in commercial transactions with traders within the Union, cannot be sufficiently achieved by Member States, due to the cross-border nature of the problem and the insufficient clarity of the existing legal framework, but can rather, by reason of its scale and potential effect on trade in the internal market be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 255 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Regulation seekis to contribute to the proper functioning of the internal market and to achieve a high level of consumer's protection by preventing discrimination based, directly or indirectly, on the nationality, or place of residence or place of establishment of custof consumers.
Amendment 264 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) where the trader sells goods, provides services, or seeks to do so, in a Member State other than the Member State in which the custoonsumer has the place of residence or the place of establishment;
Amendment 269 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) where the trader sells goods, provides services, or seeks to do so, in the same Member State as the one in which the custoonsumer has the place of residence or place of establishment, but the custoonsumer is a national of another Member State;
Amendment 273 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) where the trader sells goods or provides services, or seeks to do so, in a Member State in which the custoonsumer is temporarily located without residing in that Member State or having the place of establishment in that Member State.
Amendment 305 #
2016/0152(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) 'general conditions of access' means all terms, conditions and other information, including sale prices, regulating the access of custoonsumers to goods or services offered for sale by a trader, which are set, applied and made available to the public at large by or on behalf of the trader and which apply in the absence of an individually negotiated agreement between the trader and the custoonsumer;
Amendment 310 #
2016/0152(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
(f) 'online interface' means any software, including a website and applications, operated by or on behalf of a trader, which serves to give custoonsumers access to the trader's goods or services with a view to engaging in a commercial transaction with respect to those goods or services;
Amendment 315 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Traders shall not, through the use of technological measures or otherwise, block or limit custoonsumers' access to their online interface for reasons related to the nationality, or place of residence or place of establishment of the custoonsumer.
Amendment 320 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Traders shall not, for reasons related to the nationality, or place of residence or place of establishment of the custof the consumer, redirect custoonsumers to a version of their online interface that is different from the online interface which the customer originally sought to access, by virtue of its layout, use of language or other characteristics that make it specific to customers with a particular nationality, or place of residence or place establishment, unless the custoonsumer gives his or her explicit consent prior to such redirection.
Amendment 328 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
In the event of such redirection with the customer's explicit consent, the original version of the online interface shall remain easily accessible for that custoonsumer.
Amendment 333 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The prohibitions set out in paragraphs 1 and 2 shall not apply where the blocking, limitation of access or redirection with respect to certain custoonsumers or to custoonsumers in certain territories is necessary in order to ensure compliance with a legal requirement in Union law or in the laws of Member States in accordance with Union law.
Amendment 338 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Where a trader blocks or limits access of custoonsumers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 43, the trader shall provide a clear justification and explanation to the consumer. That justification shall be given in the language of the online interface that the customer originally sought to access.
Amendment 346 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Traders shall not apply different general conditions of access to their goods or services, for reasons related to the nationality, or place of residence or place of establishment of the custoonsumer, in the following situationswhere:
Amendment 355 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) where the trader sells goods and those goods are not delivered cross-border to the Member State of the custoonsumer by the trader or on his or her behalf, but are collected at location agreed between the trader and the consumer in which the trader operates;
Amendment 360 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) where the trader provides electronically supplied services, other than services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter;
Amendment 361 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) the consumer seeks to receive electronically supplied services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter in respect of which the trader has the requisite rights for the territory from which the consumer seeks to receive such services;
Amendment 368 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) where the trader provides services, other than those covered by point (b), and those services are supplied to the custoonsumer in the premises of the trader or in a physical location where the trader operates, in a Member State other than that of which the custoonsumer is a national or in which the custoonsumer has the place of residence or the place of establishment.
Amendment 377 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
The prohibition set out in paragraph 1 shall not apply in so far as a specific provision laid down in Union law or in the laws of Member States in accordance with Union law by preventsing the trader from selling the goods or providing the services to certain custoonsumers or to custoonsumers in certain territories.
Amendment 379 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
Amendment 386 #
2016/0152(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Traders shall not, for reasons related to the nationality, or place of residence or place of establishment of the custoonsumer, the location of the payment account, the place of establishment of the payment service provider or the place of issue of the payment instrument within the Union, apply different conditions of payment for any sales of goods or provision of services, where:
Amendment 428 #
2016/0152(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The first evaluation referred to in paragraph 1 shall be carried out, in particular, with a view to assessing whether the prohibition of Article 4(1)(b) should also apply to electronically supplied services, the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, provided that the trader has the requisite rights for the relevant territoriscope of this Regulation should be extended to cover additional sectors such as audio-visual, financial, transport, electronic communication and healthcare services.
Amendment 61 #
2016/0151(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The consumption of linear TV channels in Europe remains prominent in comparison to other media services, as demonstrated by the study "Linear and on-demand audiovisual media services in Europe 2015", published by the European Audiovisual Observatory in June 2016, which shows an overall good condition of linear TV in Europe, with the number of available linear TV channels in 2015 increasing on average of 46% compared to 2009;
Amendment 62 #
2016/0151(COD)
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) There has been a slight decrease in Europe of the fruition by young people of linear TV channels, as demonstrated by the study " Measurement of Fragmented Audiovisual Audiences", published by the European Audiovisual Observatory in November 2015, which shows in 2014 an average decrease in the European Union of only 4% of young people aged 12-34, compared to 2011;
Amendment 63 #
2016/0151(COD)
Proposal for a directive
Recital 9 c (new)
Recital 9 c (new)
Amendment 112 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2010/13/EU
Chapter II – Article 1 a (new)
Chapter II – Article 1 a (new)
Amendment 203 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. A parcel delivery service provider which employs fewer than 50 personsWhere fewer than 50 persons work for a parcel delivery service provider, irrespective of their contractual basis, and are involved in the provision of parcel delivery services in the Member State in which that provider is established, that provider shall not be subject to the obligations under paragraph 1 and 2, unless that provider is established in more than one Member State.
Amendment 220 #
2016/0149(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Universal service providers providing parcel delivery services and having their headquarters in Member States where there is insufficient competition shall provide the national regulatory authority with the terminal rates applicable on 1 January of each calendar year to postal items originating from other Member States. That information shall be provided by 31 January of each calendar year at the latest.
Amendment 212 #
2016/0148(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In the digital environment in particular, the competent authorities should be able to stop infringements quickly and effectively, notably where the trader selling goods or services conceals its identity or relocates within the Union or to a third country to avoid enforcement. In cases where there is a risk of serious and irreparable harm to consumers, the competent authorities should to be able to adopt interim measures to prevent such harm or reduce it, including, where necessary, the suspension of a website, domain or a similar digital site, service or account. FurthermorIn such a case, the competent authorities should also have the power to take down or have a third party service provider take down a website, domain or a similar digital site, service or account,
Amendment 218 #
2016/0148(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure that traders are sufficiently deterred from committing or repeating infringements and that they will not profit from those infringements, the rules on penaltiesanctions which have been adopted by Member States in accordance with the requirements of Union laws that protect consumers’ interests should also be applied to intra-Union infringements and widespread infringements. For those same reasons, consumers should be entitled to redress for harm caused by such infringements.,
Amendment 227 #
2016/0148(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The effectiveness and efficacy of the mutual assistance mechanism should be improved. Information requested should be provided in a timely manner and the necessary enforcement measures should be adopted in a timely manner. The Commission should therefore set binding time periods for competent authorities to reply to information and enforcement requests, and clarify procedural and other aspects of handling information and enforcement requests, bwithin the period laid down by this Regulation and the necessary enforcement measures should be adopted in a timely means of implementing measuresner,
Amendment 231 #
2016/0148(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In the context of widespread infringements and widespread infringement with a Union dimension, the rights of defence of the traders concerned should be respected. TWhile this requires, in particular, giving the trader the right to be heard and to use the language of its choice during the proceedings, it is also essential to ensure compliance with Union legislation on the protection of undisclosed know-how and business information,
Amendment 236 #
2016/0148(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Consumer organisations play an essential role in informing consumers about their rights and educating them and protecting their interests, including the settlement of disputes. Consumers should be encouraged to cooperate with the competent authorities to strengthen the application of this Regulation. Consumer organisations, in particular consumer organisations that may be delegated enforcement tasks under this Regulation and European Consumer Centres, shcould be in a position to notify competent authorities of suspected infringements and share information needed to detect, investigate and stop intra- Union infringements and widespread infringements with them,
Amendment 239 #
2016/0148(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensure uniform conditions for the implementation and exercise of the minimum powers of competent authorities, set time limits and set out other necessary details of procedures intended, in accordance with this Regulation, to address intra-Union infringements, widespread infringements and details of the surveillance mechanism and administrative cooperation among competent authorities, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council60 , _________________ 60 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2. 2011, p. 13-18).
Amendment 247 #
2016/0148(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. This Regulation shall be without prejudice to private compensation claims and actions for the enforcement thereof under national law.
Amendment 248 #
2016/0148(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. This Regulation shall be without prejudice to the application in the Member States of measures relating to judicial cooperation in criminal and civil matters, in particular the operation of the European Judicial Network, and to the application of legal instruments regarding judicial cooperation in criminal matters.
Amendment 249 #
2016/0148(COD)
Proposal for a regulation
Article 2 – paragraph 6
Article 2 – paragraph 6
6. This Regulation shall be without prejudice to the role and powers of competent authorities and European Banking Authority under Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts. Chapter III of this Regulation shall not apply to intra-Union infringements of the two Directives referred to in the first subparagraph.
Amendment 250 #
2016/0148(COD)
Proposal for a regulation
Article 2 – paragraph 7
Article 2 – paragraph 7
Amendment 256 #
2016/0148(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) 'widespread infringement with a Union dimension' means a widespread infringement that harmed, harms or is likely to harm consumer's collective interests in a majority of Member States accounting together for at least a majority of the population of the Union.
Amendment 257 #
2016/0148(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c b (new)
Article 3 – paragraph 1 – point c b (new)
(cb) 'designated body' means a body that a Member State can designate and which has a legitimate interest in the cessation or prohibition of infringements of Union laws that protect consumers' interests;
Amendment 258 #
2016/0148(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) 'consumer' means any natural person who is acting for purposes which are outside his trade, business, craft or profession;
Amendment 276 #
2016/0148(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall ensure that competent authorities and single liaison offices have the adequate resources necessary for the application of this Regulation and for the effective use of their powers pursuant to Article 8, including sufficient budgetary and other resources, expertise, procedures and other arrangements.
Amendment 278 #
2016/0148(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Each Member State may designate bodies having a legitimate interest in the cessation or prohibition of infringements ("impose an obligation on designated bodies") to gather the necessary information and to take the necessary enforcement measures available to them under national law on behalf of a requested competent authority.
Amendment 279 #
2016/0148(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall ensure cooperation between the competent authorities and designated bodies, in particular to ensure that infringements referred to in Article 2(1) are brought to the attention of competent authorities without delay.
Amendment 281 #
Amendment 288 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) subject to paragraph 2a, require the supply by any natural or legal person, including banks, internet service providers, domain registries and registrars and hosting service providers of any relevant information, data or document in any format or form and irrespective of the medium on which or the place where they are stored, for the purpose of among others identifying and following financial and data flows, or of ascertaining the identity of persons involved in financial and data flows, bank account information and ownership of websites;
Amendment 292 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) without prejudice to limitations set out by national law, require any public authority, body or agency within the Member State of the competent authority to supply any relevant information, data or document in any format or form and irrespective of the medium on which or the place where they are stored, for the purpose among others, of identifying and following of financial and data flows, or of ascertaining the identity of persons involved in financial and data flows, bank account information and ownership of websites;
Amendment 298 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) subject to paragraphs 2a and 2b, carry out the necessary on-site inspections, including in particular the power to enter any premises, land or means of transport or to request other authorities to do so in order to examine, seize, take or obtain copies of information, data or documents, irrespective of the medium on which they are stored; to seal any premises or information, data or documents for a necessary period and to the extent necessary for the inspection; to request any representative or member of the staff of the trader concerned to give explanations on facts, information or documents relating to the subject matter of the inspection and to record the answers;
Amendment 311 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point h
Article 8 – paragraph 2 – point h
(h) start investigations or procedures to bring about the cessation or prohibition of intra-Union infringements or widespread infringements of its own initiative and where appropriate to publish information about this;
Amendment 315 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point i
Article 8 – paragraph 2 – point i
(i) obtainseek and accept a commitment from the trader responsible for the intra- Union infringement or widespread infringement to cease the infringement and where appropriate to compensate consumers for the harm caused;
Amendment 317 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point j
Article 8 – paragraph 2 – point j
(j) request in writing the cessation of the infringement by the trader or prohibit the infringement;
Amendment 318 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point k
Article 8 – paragraph 2 – point k
Amendment 330 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point m
Article 8 – paragraph 2 – point m
(m) impose penaltiesanctions, including fines and penalty payments, for intra-Union infringements, widespread infringements and widespread infringements with a Union dimension, and for the failure to comply with any decision, order, interim measure, commitment or other measure adopted pursuant to this Regulation;
Amendment 338 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point o
Article 8 – paragraph 2 – point o
(o) order the restitution of profits obtained as a result of infringements, including an order that those profits are paid to the public purse or to a beneficiary designated by the competent authority or under national legislation;
Amendment 344 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point p
Article 8 – paragraph 2 – point p
(p) publish any final decisions, interim measures or orders, including the publication of the identity of the trader responsible for the intra-Union infringement or widespread infringement;
Amendment 347 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point q
Article 8 – paragraph 2 – point q
(q) consult consumers, consumer organisations, designated bodies, where applicable, and other persons concerned about the effectiveness of the proposed commitments in ceasing the infringement and removing the harm caused by it.
Amendment 348 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Where in accordance with national law prior authorisation to enter premises of natural and legal persons as referred to in point (d) of paragraph 2 is needed from the judicial authority of the Member State concerned, the power referred to in that point shall be exercised only after such prior authorisation has been obtained.
Amendment 350 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)
2b. When a decision is being made whether to impose a sanction and on the amount of the fine to be imposed in each individual case, due regard shall be given to the following: (a) the nature, gravity and duration of the infringement, taking into account the number of consumers affected and the level of damage suffered by them; (b) the intentional or negligent character of the infringement; (c) any action taken by the trader to mitigate the damage suffered by consumers; (d) any relevant previous infringements committed by the trader; (f) the degree to which the trader has cooperated with the competent authority in order to remedy the infringement and mitigate the possible adverse effects of the infringement.
Amendment 355 #
2016/0148(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. The competent authorities shall exercise the powers set out in Article 8 in a proportionate, efficient and effective manner and in accordance with this Regulation, Union and national law either:
Amendment 358 #
2016/0148(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) directly under their own authority; or
Amendment 360 #
2016/0148(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a a (new)
Article 9 – paragraph 1 – point a a (new)
(aa) with the assistance of other public authorities; or
Amendment 370 #
2016/0148(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 374 #
2016/0148(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. A requested authority shall, on request from an applicant authority, supply to the latter, within 30 days, any relevant information required to establish whether an intra-Union infringement has occurred and to bring about the cessation of that infringement. The requested authority shall notify the Commission without delay of the request for information and of its reply.
Amendment 379 #
2016/0148(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 383 #
2016/0148(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 385 #
2016/0148(COD)
Proposal for a regulation
Article 12 – paragraph 3 – point c
Article 12 – paragraph 3 – point c
(c) which penaltiesanctions have been imposed;
Amendment 386 #
2016/0148(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The requested authority shall reply to the request using the procedures for requests for enforcement measures and within the time limits set out by the Commission in the implementing actappropriate time limits.
Amendment 389 #
2016/0148(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 398 #
2016/0148(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) criminal investigations or judicial proceedings have already been initiated or final judgment has already been givthere is an administrative decision, a judgment or a court settlement in respect of the same intra-Union infringement and against the same trader before the judicial authorities in the Member State of the requested or applicant authority.
Amendment 399 #
2016/0148(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point c – paragraph 1
Article 15 – paragraph 2 – point c – paragraph 1
(c) in its opinion, the applicant authority has not provided sufficient information in accordance with Article 124(1),
Amendment 404 #
2016/0148(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. In the event of a disagreement between the applicant and the requested authority, the applicant authority or the requested authority shall without delmay refer the matter to the Commission which shall issue an opinion. Where the matter is not referred to it, the Commission may of its own motion issue an opinion.
Amendment 409 #
2016/0148(COD)
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
Amendment 412 #
2016/0148(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where the Commission has a reasonable suspicion that a widespread infringement is taking place, it shall without delay notify the competent authorities concerned by the widespread infringement.
Amendment 415 #
2016/0148(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The competent authorities concerned may invite the Commission to take up the coordination role. The Commission shall inform the competent authorities concerned without delay whether it accepts the coordination role. If, however, that request is made by a majority of Members States accounting together for at least a majority of the population of the Union, the Commission shall not refuse the coordination role.
Amendment 420 #
2016/0148(COD)
Proposal for a regulation
Article 16 – paragraph 6 a (new)
Article 16 – paragraph 6 a (new)
6a. A competent authority may join in the coordinated action if, during the course of the coordinated action, it becomes apparent that it is concerned by the widespread infringement.
Amendment 421 #
2016/0148(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The competent authorities concerned shall ensure that the necessary evidence, data and information are gathered effectively and efficiently. The competent authorities concerned shall ensure that investigations and inspections are conducted simultaneously and that interim measures are applied simultaneously to the extent that national procedural law so allows.
Amendment 423 #
2016/0148(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. The common position shall be communicated to the trader responsible for the infringement, who shall have the right to be heard.
Amendment 426 #
2016/0148(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where appropriate and without prejudice to the rules on professional and commercial secrecy set out in Article 41, the competent authorities concerned may decide to publish the common position or parts of it on their websites and on the Commission website and seek the views of other parties concerned.
Amendment 436 #
2016/0148(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
The coordinating authorityor shall inform the Commission and competent authorities of the Member States concerned without delay when the widespread infringement has ceased or has been prohibited.
Amendment 440 #
2016/0148(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where there is a reasonable suspicion that a widespread infringement harmed, harms or is likely to harm consumers in at least three quarters of the Member States accounting together for at least three quarters of the population of the Union ("widespread infringement with a Union dimension"), the Commission shall launch a common actwith a Union dimension is taking place, the Commission shall launch and coordinate a common action by adopting a decision. For that purpose the Commission may request the necessary information or documents from the competent authorities.
Amendment 445 #
2016/0148(COD)
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
Amendment 446 #
2016/0148(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. The common position shall be communicated to the trader responsible for the infringement, who shall have the right to be heard.
Amendment 454 #
2016/0148(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
Amendment 455 #
2016/0148(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) coordinate and monitor the investigations, the inspections and the adoption of interim measures that are decided upon by the competent authorities concerned in accordance with sections I and II, monitor investigations, inspections and interim measures, as well as other measures, pursuant to Article 8;
Amendment 458 #
2016/0148(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The languages used by the competent authorities and the Commission for notifications and for all communications linked to the coordinated actions, common actions and concerted investigations of consumer marketsweeps pursuant to this Chapter shall be agreed upon by the competent authorities concerned and the Commission.
Amendment 459 #
2016/0148(COD)
Proposal for a regulation
Article 31 – title
Article 31 – title
Amendment 461 #
2016/0148(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
Amendment 462 #
2016/0148(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. TFor the procedures set out in this Chapter, the trader shall be entitled to communicate in the official language of the Member State of its establishment or residence. The trader may waive that right or request that another official language of the Union be used for communicating with the competent authorities.
Amendment 465 #
2016/0148(COD)
Amendment 467 #
2016/0148(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Where market trends, consumer complaints or other indications suggest that widespread infringements may have occurred, occur or may occur, the competent authorities concerned may decide to conduct a concerted investigation of consumer markets ("sweep"). Such a concerted investigationsweep shall be coordinated by the Commission.
Amendment 468 #
2016/0148(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. When conducting concerted investigationsweeps, the competent authorities concernedparticipating therein shall make effective use of the powers set out in Article 8 and other powers conferred upon them by national law.
Amendment 469 #
2016/0148(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The competent authorities may invite Commission officials, designated bodies, and other accompanying persons authorised by the Commission, when appropriate, to participate in sweeps.
Amendment 473 #
2016/0148(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. A competent authority shall without delay notify the Commission and other competent authorities of any reasonable suspicion that an intra-Union infringement or a widespread infringement is taking place on its territory that may affect consumers' interests in other Member States ('alert') using the standard form via the database referred to in Article 43.
Amendment 474 #
2016/0148(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The Commission shall without delay notify the competent authorities concerned of any reasonable suspicion that an intra-Union infringement or a widespread infringement has occurred on the Union's territory ('alert') via the database referred to in Article 43.
Amendment 475 #
2016/0148(COD)
Proposal for a regulation
Article 34 – paragraph 3 – point i
Article 34 – paragraph 3 – point i
Amendment 476 #
2016/0148(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. In an alert 'for action', the competent authority or the Commission may ask other competent authorities and the Commission to verify whether similar suspected infringements may bare taking place in the territory of other Member States or whether any enforcement measures have already been taken against such infringements in other Member States.
Amendment 479 #
2016/0148(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Designated bodies and European Consumer Centres shall participate in the alert mechanism set out in Article 34. Member States shall designateas well as consumer organisations and associations, and other entities such as trader associations, with having the appropriate expertise and legitimate interest in consumer protection that shall participate in the alert mechanismand designated by Member States, may notify competent authorities of the Member State concerned and the Commission of suspected infringements and provide the information set out in Article 34(3) using the standard form for external notifications provided by the database referred to in Article 43 ('external alert'). Member States shall notify the Commission of those entities without delay.
Amendment 484 #
2016/0148(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The external alerts shall only be 'for information'. The competent authorities shall not be bound to initiate a procedure or take any other action in response to the alerts and information provided by those entitiesexternal alert. Entities making external alerts shall ensure that the information provided is correct, up to date and accurate and shall correct the information posted without delay or withdraw it as appropriate. For that purpose, they shall have access to the information they have provided, subject to the limitations referred to in Articles 41 and 43.
Amendment 487 #
2016/0148(COD)
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
Amendment 492 #
2016/0148(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
Amendment 493 #
2016/0148(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point a
Article 37 – paragraph 1 – point a
Amendment 500 #
2016/0148(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
Amendment 504 #
2016/0148(COD)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
Amendment 506 #
2016/0148(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Information collected pursuant to Article 8 which isby or communicated to the competent authorities and the Commission shall only be used for the purposes of ensuring compliance with the Union laws that protect consumers' interests.
Amendment 514 #
2016/0148(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Evidence, documents, information, explanations and investigation findings made by a competent authority in one Member State in accordance with Article 8 may be used for proceedings initiated in application of this Regulation by competent authorities in other Member States without further formal requirements.
Amendment 516 #
2016/0148(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Information provided by other authorities, entities referred to in Article 35 and designated bodies shall be stored and processed in the electronic database but those authorities, entities and designated bodies shall not have access to thisat database.
Amendment 522 #
2016/0148(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point f
Article 45 – paragraph 1 – point f
Amendment 524 #
2016/0148(COD)
Proposal for a regulation
Article 46
Article 46
Amendment 529 #
2016/0148(COD)
Proposal for a regulation
Article 48 a (new)
Article 48 a (new)
Article 48a Data protection With regard to the processing of personal data within the framework of this Regulation, competent authorities shall carry out their tasks pursuant to this Regulation in accordance with Regulation (EU) 2016/679.
Amendment 535 #
2016/0148(COD)
Proposal for a regulation
Annex I – point 24 a (new)
Annex I – point 24 a (new)
24a. Regulation (EU) XXXX/XX of the European Parliament and of the Council on addressing geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
Amendment 11 #
2016/0070(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 56 and 62 thereof,
Amendment 18 #
2016/0070(COD)
Proposal for a directive
Citation 3
Citation 3
After transmission of the draft legislative act to the national parliaments and following the 11 reasoned opinions by national parliaments objecting the Commission proposal,
Amendment 19 #
2016/0070(COD)
Proposal for a directive
Citation 3 a (new)
Citation 3 a (new)
Having regard to the reasoned opinions issued by national parliaments from 11 Member States objecting the Commission proposal on the grounds of subsidiarity,
Amendment 25 #
2016/0070(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there. The Treaty on the Functioning of the European Union in Article 56 provides that restrictions on the freedom to provide services are prohibited.
Amendment 27 #
2016/0070(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there. The Treaty provides that restrictions on the freedom to provide services are prohibited.
Amendment 34 #
2016/0070(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whetherenforce the rules and confirm that the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers.
Amendment 39 #
2016/0070(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whetherensure that the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers.
Amendment 52 #
2016/0070(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) The ECJ case-law has established that posted workers do not in any way gain access to the host country´s labour market if they return to their country of origin after completion of their work.
Amendment 55 #
2016/0070(COD)
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7 b) One of the aims of Directive 2014/67/EU is also to identify genuine posting and prevent abuse and circumvention.
Amendment 61 #
2016/0070(COD)
Proposal for a directive
Recital 8
Recital 8
(8) IEspecially in view of the long duration of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 24 months, the host Member State is deemed to be the country in which the work isclosely check and assess whether a posted worker temporarily carrieds out. In accordance with the principle of Rome I Regulation, the law of his or her work in the host Member States therefore applies to the employment contract of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of depriving the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 24 months and from the first day subsequent to the 24 months when it effectively exceeds this duration. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regul. Article 2 of this Directive defines the nature of posting as having a temporary character therefore temporary character is an indispensable feature of genuine posting. Article 4 paragraph 3 of the Enforcement Directive 2014/67/EU provides a clear list of elements of temporary nature of posting. In addition, the case law provides explanation of the notion of temporary nature of the provision of services, which is to be determined by its duration, regularity, periodicity and continuity. Therefore the temporary character, being the indispensable feature of posting, should be closely monitored and assessed, especially in the case of postings of long duration, in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I Regulaorder to avoid abuse and circumvention.
Amendment 66 #
2016/0070(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In view of the long duration of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 24 uninterrupted months, the host Member State is deemed to be the country in which the work is carried out. In accordance with the principle of Rome I Regulation, the law of the host Member Sates therefore applies to the employment contract of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of depriving the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 24 uninterrupted months and from the first day subsequent to the 24 uninterrupted months when it effectively exceeds this duration. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 uninterrupted months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regulation in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I Regulation.
Amendment 75 #
2016/0070(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) Directive 2014/67/EU on the enforcement of Directive 96/71/EC provides a number of provisions to make sure that rules on posting of workers are enforced and are respected by all service providers. Article 4 of the enforcement directive provides a list of elements that should be assessed in order to identify the genuine posting and prevent abuse and circumvention.
Amendment 76 #
2016/0070(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) Directive 2014/67/EU on the enforcement of Directive 96/71/EC provides a number of provisions to make sure that rules on posting of workers are enforced and are respected by all service providers. Article 4 of the enforcement directive provides a list of elements that should be assessed in order to identify the genuine posting and prevent abuse and circumvention.
Amendment 84 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of the posting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suitTherefore transport services such as transit, international transport and linked cabotage are excluded forom these challenges to scope of this Directive and should be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.
Amendment 86 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of the posting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suitTherefore transport services such as transit, international transport and linked cabotage are excluded forom these challenges to scope of this Directive and should be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.
Amendment 103 #
2016/0070(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remuneration in accordance with their law and practice and in compliance with article 56 of the Treaty on the Functioning of the European Union. However, national rules on remuneration applied to posted workers must be justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of services.
Amendment 104 #
2016/0070(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remunerationminimum rates of pay in accordance with their law and practice. However, these national rules on remunerationminimum rates of pay applied to posted workers must be proportionate, non- discriminatory and justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of services.
Amendment 110 #
2016/0070(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remunerationinformation on minimum rates of pay under national law or universally applicable collective agreements should be clear, up to date and transparent to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remuneris information on the single website provided for by Article 5 of the Enforcement Directive. In order to provide more transparency and clarity generally applicable collective agreements should be also accompanied by clear information on applicable minimum rates of pay. Social partners are also obliged to make public all collective agreements, which are applicable according to this Directive. Similarly, foreign subcontractors should be informed in writing about terms and conditions of employment that they should apply towards posted workers.
Amendment 114 #
2016/0070(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers and posted workers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remuneration on the single website provided for by Article 5 of the Enforcement Directive as transparency and access to information are crucial for both service providers and posted workers. A single information point established by the Member State shall provide information on national labour laws pertaining to posting companies. This single information point shall be ready to assist by email or personal support in several EU languages in order to support and encourage free movement of services across the EU.
Amendment 137 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
(-1) in Article 1, paragraph 2 is replaced by the following: “2. This Directive shall not apply to merchant navy undertakings as regards seagoing personnel.” (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31996L0071:en:HTML) as well as transport services such as transit, international transport and linked cabotage.” Or. en
Amendment 147 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a
Article 2 a
Amendment 149 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a
Article 2a
Amendment 159 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1
Article 2a – paragraph 1
1. When the anticipated or the effective duration of posting exceeds twenty-four uninterrupted months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out.
Amendment 166 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 2
Article 2a – paragraph 2
2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same task at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least sixeight months.
Amendment 173 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
- by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8 as long as they are published on the single official national website referred to in Article 5 of Directive 2014/67/EU:
Amendment 176 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1– indent 2 – point b
Article 3 – paragraph 1– indent 2 – point b
(b) minimum paid annual holidaysleave
Amendment 177 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point c
Article 3 – paragraph 1 – indent 2 – point c
(c) remuneration, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes;minimum rates of pay
Amendment 189 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 1 a (new)
Article 3 – paragraph 1 – subparagraph 1 a (new)
The subparagraph of paragraph 1(b) and (c) shall not apply if the period of posting does not exceed eight days.
Amendment 204 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3 a (new)
Article 3 – paragraph 1 – subparagraph 3 a (new)
Member States shall establish single information points providing information and advice for posting companies on their national labour law.
Amendment 208 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1a
Article 3 – paragraph 1a
Amendment 209 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1a
Article 3 – paragraph 1a
Amendment 322 #
2016/0023(COD)
Proposal for a regulation
Annex III – part 1 – point a
Annex III – part 1 – point a
(a) from 1 January 20198: acetaldehyde productionwhere mercury is used as a catalyst
Amendment 325 #
2016/0023(COD)
Proposal for a regulation
Annex III – part 1 – point b
Annex III – part 1 – point b
(b) from 1 January 2019: vinyl chloride monomer production1 December 2017 where mercury is used as an electrode or from 11 December 2020 where Article 15 (4) of Directive 2010/75/EU is applied
Amendment 329 #
2016/0023(COD)
Proposal for a regulation
Annex III – part 1 – point b a (new)
Annex III – part 1 – point b a (new)
(ba) Point (b) shall apply for the production of potassium methylate and ethylate and for vinyl chlorid monomer only from 1 January 2021.
Amendment 337 #
2016/0023(COD)
Proposal for a regulation
Annex III – part 2 – paragraph 2 – introductory part
Annex III – part 2 – paragraph 2 – introductory part
The production of sodium or potassium methylate or ethylate and vinyl chlorid monomer shall be carried out in accordance with point (b) of Part I and the following requirements:
Amendment 255 #
2016/0014(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) In order to allow market forces to work, technical services should apply the rules for the type-approval procedures in all transparency and uniformly, without creating unnecessary burden for economic operators. To guarantee a high level of technical expertise and a fair treatment of all economic operators, a uniform technical application of the rules for the type-approval procedures should be ensured. Within the Forum established by this regulation, type-approval authorities should exchange information on the functioning of the different technical services which they certified.
Amendment 270 #
2016/0014(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to increase transparency in the approval process and facilitate the exchange of information and the independent verification by market surveillance authorities, approval authorities and, the Commission, type approval documentation and third parties, disclosure of vehicle and testing information is necessary to carry out such checks. Relevant information for repair and maintenance purposes should be provided in electronic format and be made publicly available, subject to exemptions due to protection of commercial interests and the protection of personal data. The information to be disclosed for these purposes is not be of the nature as to undermine confidentiality of proprietary information and intellectual property.
Amendment 273 #
2016/0014(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to increase transparency in the approval process and facilitate the exchange of information and the independent verification by market surveillance authorities, approval authorities and, the Commission, type approval document and third parties, disclosure of vehicle and testing information is necessary to carry out such checks. Relevant information should be provided in electronic format and be made publicly available, subject to exemptions due to protection of commercial interests and the protection of personal data. The information to be disclosed should not undermine the confidentiality of proprietary information and intellectual property.
Amendment 305 #
2016/0014(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The assessment of reported serious risks to safety and of harm to public health and the environment should be conducted at national level, but coordination at Union level should be ensured where the reported risk or harm may exist beyond the territory of one Member State with the objective of sharing resources and ensuring consistency regarding the corrective action to be taken to mitigate the identified risk and harm. Particular attention must be given to replacement equipment, systems and technical units that affect the environmental impact of the exhaust system and that these must be subject to authorization requirements where appropriate.
Amendment 337 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
(7a) `original parts or equipment´ means parts or equipment which are manufactured according to the specifications and production standards provided by the vehicle manufacturer for the production of parts of equipment for the assembly of the vehicle in question. This includes parts or equipment which are manufactured on the same production line as these parts of equipment. It is presumed unless the contrary is proven, that parts constitute original parts if the part manufacturer certifies that the parts match the quality of the components used for the assembly of the vehicle in question and have been manufactured according to the specifications and production standards of the vehicle manufacturer;
Amendment 358 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 56 a (new)
Article 3 – paragraph 1 – point 56 a (new)
(56a) 'defeat device' means any functional element of design, when functioning accordingly, that prevents the vehicle's approved control and monitoring systems from being effective and efficient as well as prevents compliance with the approval requirements under the whole spectrum of real-world driving conditions.
Amendment 366 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall establish or appoint the approval authorities and the market surveillance authorities. Member States shall notify the Commission of the establishment and appointment of such authorities. Member States shall ensure that type-approval authorities and market surveillance authorities function independently from each other.
Amendment 376 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall organise and carry out market surveillance and controls of vehicles, systems, components or separate technical units entering the market, in accordance with Chapter III of Regulation (EC) No 765/2008. They may decide to carry out joint market surveillance activities for the purposes of Article 8.
Amendment 383 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Member States shall periodically review and assess the functioning of their type-approval activities and the quality of the type-approvals issued. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States and the Commission. Third parties will have access to the results upon request. The Member State concerned shall make a summary of the results accessible to the general public, in particular the number of type-approvals granted or rejected and the identity of the corresponding manufacturers and vehicle types.
Amendment 388 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Member States shall periodically review and assess the functioning of their type-approval activities. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States, the European Parliament and the Commission. The Member State concerned shall make a summary of the results accessible to the public, in particular the number of type-approval granted and the identity of the corresponding manufacturers.
Amendment 392 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States and the Commission. Third parties shall have access to the results upon request. The Member State concerned shall make a summary of the results accessible to the publicgeneral public, in particular the number of those vehicles, systems, components or separate technical units that are not in compliance with this Regulation together with the identity of the corresponding manufacturers.
Amendment 396 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7a. The Member States shall ensure that the market surveillance authorities and the type-approval authorities can properly perform the tasks foreseen by this regulation. To this end, they shall in particular equip them with the resources necessary for that purpose.
Amendment 400 #
2016/0014(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Approval authorities shall only approve such vehicles, systems, components or separate technical units that comply with the requirements of this Regulation. In case of doubt, the type- approval authority shall request an expert opinion from an accredited technical service on the compliance of this Regulation.
Amendment 403 #
2016/0014(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Type approval authorities shall cooperate with the Commission and the Forum established under article 10 of this Regulation in monitoring and oversight activities as regards the application of this Regulation and provide all the necessary information upon request.
Amendment 417 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Market surveillance authorities shall perform regular checks to verify compliance of vehicles, systems, components and separate technical units with the requirements set out in this Regulation as well as with the correctness of the type approvals. Those checks shall be performed on an adequate scale, by means of documentary checks and real- drive and laboratory test, real-driving emissions tests, including on-road remote sensing as well as portable emissions measurement systems, and laboratory tests of vehicle emissions on the basis of statistically relevant samples. When doing so, market surveillance authorities shall take account of established principles of risk assessment, complaints and other information. For the sample checks, market surveillance authorities shall use 0.5 samples per 1,000 new vehicles, per components or per separate technical units each sold per year as an indicative target for each Member State.
Amendment 420 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Market surveillance authorities shall perform regular checks to verify compliance of vehicles, systems, components and separate technical units with the requirements set out in this Regulation as well as with the correctness of the type approvals. Those checks shall be performed on an adequate scale, by means of documentary checks and real- drive and laboratory tests on the basis of statistically relevant samples. When doing so, market surveillance authorities shall take account of established principles of risk assessment, complaint-based surveillance as benchmark principles, including complaints, popularity of vehicles models and their parts, third-party testing results, new technologies on the market, reports from periodic technical inspections and other information.
Amendment 423 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Sufficient and effective market surveillance is key to ensure that products put on the market effectively comply with legislation in terms of safety and environmental protection. Although funding is key, budget for the market surveillance activities should not impose extra costs on consumers.
Amendment 424 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Member States may rely on independent testing organisations to perform the technical tasks, such as tests or inspections. The responsibility for the results remains with the market surveillance authority.
Amendment 425 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
1b. In particular, national market surveillance authorities shall take into account the information on non- conformities with European acts and regulations submitted to them by independent third-party organizations.
Amendment 431 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The market surveillance authority of one Member State shall take action pursuant to Article 20 of Regulation (EC) No 765/2008 if deemed necessary.
Amendment 449 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States and the Commission, the Commission and the Forum. Third parties shall review the results upon request. The Member State concerned shall make a summary of the results accessible to the public.
Amendment 472 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
The Commission shall organise and carry out, or require to be carried out, on an adequate scale, tests and inspections of vehicles, systems, components and separate technical units already made available on the market, with a view to verifying that those vehicles, systems, components and separate technical units conform to the type approvals and to applicable legislation as well as to ensure the correctness of the type approvals. The tests and inspections organised and carried out by, or mandated by the Commission shall focus on in-service conformity of vehicles, systems, components and separated technical units. The Commission shall base its tests and inspections on principles of risk assessment and use information from independent third party research.
Amendment 500 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Vehicle manufacturers shall make public data which are needed for the purpose of compliance verification testing by third parties. This data shall in particular comprise parameters and settings that are necessary to accurately replicate test conditions that were applied at time of the type-approval testing. The data does not cover specific design details and technical specifications of parts and elements of the vehicle which do not need to be adjusted or altered I order to replicate the test conditions. The Commission shall adopt implementing acts in order to define the data to be made public and the conditions for such publication, subject to the protection of commercial secrets and the preservation of personal data pursuant to Union and national legislation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 501 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Vehicle manufacturers shall make public data which are needed for the purpose of compliance verification testing by third parties. This data shall in particular compromise parameters and settings that are necessary to accurately replicate test conditions that were applied at time of the test-approval testing, while ensuring the legitimate protection of business information. The Commission shall adopt implementing acts in order to define the data to be made public and the conditions for such publication, subject to the protection of commercial secrets and the preservation of personal data pursuant to Union and national legislation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 505 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. The Commission should guarantee that such data are made available for the purpose of further testing and follow up in order to use every evidence to avoid any neglecting.
Amendment 519 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
The Commission shall publish a report of its findings following any compliance verification testing it has carried out. It shall submit the report to the European Parliament.
Amendment 523 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3 a (new)
Article 9 – paragraph 5 – subparagraph 3 a (new)
The Commission shall guarantee a unified implementation and enforcement of the rules across the single market.
Amendment 548 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 a (new)
Article 10 – paragraph 2 – subparagraph 1 a (new)
The Forum should oversee the work of national regulators, contribute to the promotion of good practice, assist member states in market surveillance, assess the results of reviews and issue recommendations and apply sanctions if necessary. It should also ensure that the EU law is applied in a uniformly strict and consistent manner.
Amendment 549 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 b (new)
Article 10 – paragraph 2 – subparagraph 1 b (new)
In order to ensure transparency of its work vis-à-vis third parties and non- governmental organizations interested in the enforcement of legislation in automotive sector, at least once a year the Forum shall meet in an extended composition and invite those third parties and non-governmental organisation to attend the meeting.
Amendment 560 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 a (new)
Article 10 – paragraph 2 – subparagraph 2 a (new)
The Commission should guarantee that independent third parties could to bring their test results for consideration by the Forum and the Commission should follow-up on such suspicion.
Amendment 569 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
Amendment 571 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 c (new)
Article 10 – paragraph 2 c (new)
2c. Where the Forum deems it beneficial, it shall establish a multi- annual planning of market surveillance activities.
Amendment 573 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 88 to lay down the composition, appointment process, detailed tasks, working methods and rules of procedure of the Forum. The composition of the Forum shall include at least representatives of the European Parliament, representatives of technical services, third-party testing organisations, safety and environment NGOs and consumer groups as observers.
Amendment 585 #
2016/0014(COD)
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Manufacturers shall ensure that the vehicles, systems, components and separate technical units perform equally under the conditions found during the test-approval and under conditions that may reasonably be expected to be encountered in normal operation and use.
Amendment 589 #
2016/0014(COD)
Proposal for a regulation
Article 11 – paragraph 6 a (new)
Article 11 – paragraph 6 a (new)
6a. The manufacturer shall, to protect the environment, health and safety of consumers, investigate and keep a register of complaints and non-conformities of vehicles, systems, components, separate technical units, parts or equipment that he placed on the market and keep his importers and distributors informed of such monitoring. If the number of complaints and/or non- conformities concerning safety or emission related equipment exceed 30 cases or 1 per cent of the total of vehicles, which ever value is higher, systems, components, separate technical units, parts or equipment of a particular type, variant and/or version that have been placed on the market, detailed information shall be sent to the relevant approval authority responsible for the vehicle, system, component, separate technical unit, part or equipment as well as to the Commission without delay. The information shall contain a description of the issue and details necessary to identify the affected type, variant and/or version of the vehicle, system, component, separate technical unit, part or equipment. This early warning data shall be used for identifying potential trends in consumer complaints and investigating the need for manufacturer initiated recalls and/or market surveillance activities by Member states and the Commission.
Amendment 594 #
2016/0014(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
A manufacturer who considers that a vehicle, system, component, separate technical unit, or part or equipment that has been placed on the market or entered into service is not in conformity with this Regulation or that the type approval has been granted on the basis incorrect data, shall immediately take the appropriate measures necessary to bring that vehicle, system, component, separate technical unit, part or equipment into conformity, to withdraw it from the market or to recall it, as appropriate. These corrective measures shall be provided free of charge for the vehicle owner.
Amendment 622 #
2016/0014(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The importer shall, to protect the health and safety of consumers, investigate and keep a register of complaints, non- conformities and recalls of vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market and keep his distributors informed of such monitoring. All complaints and/or non-conformities concerning environmental or safety aspects of the vehicle shall be communicated to the manufactures without delay.
Amendment 636 #
2016/0014(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. A distributor shall verify, before making available on the market, registering or entering into service of a vehicle, system, component or separate technical unit, that that vehicle, system, component or separate technical unit bears the required statutory plate or type-approval mark, that it is accompanied by the required documents and by instructions and safety information, required by Article 63, in the official language or languages of the relevant Member State, and that the manufacturer and the importer have complied with the requirements set out in Article 11(7) and Article 14(4) respectively. 2. The distributer shall, to protect the environment, health and safety of consumers, investigate complaints and non-conformities of vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market. Furthermore, all complaints and/or non-conformities concerning environmental or safety aspects of the vehicle shall be communicated to the importer or manufacturer without delay.
Amendment 665 #
2016/0014(COD)
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
The approval authority and technical services shall have access to the software and algorithms of the vehicle, together with documentation or other information allowing an appropriate level of understanding of the systems and functions of the software and algorithms. In case of whole-vehicle type-approval, the approval authority and technical services shall have access to any engine management strategies which may be deployed. The manufacturer shall disclose relevant information regarding such management strategies, including the parameters of any such strategies and the technical justification detailing why they are necessary.
Amendment 671 #
2016/0014(COD)
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
The approval authority and technical services shall have access to the software and algorithms of the vehicle. during the entire life cycle of the vehicle not only during type approval. Continuous verification of the software status during periodic technical inspections is necessary. The information to be disclosed for these particular purposes is not to be of the nature as to undermine confidentiality of proprietary information and intellectual property.
Amendment 679 #
2016/0014(COD)
Proposal for a regulation
Article 23 – paragraph 4 a (new)
Article 23 – paragraph 4 a (new)
4a. For the obligations specified in article 8 and the compliance verification specified in article 9, the market surveillance authorities and the Commission shall have access to software and algorithms of the vehicle, the documentation provided by the manufacturer and the system concept.
Amendment 687 #
2016/0014(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The approval authority shall, within one month of issuing or amending the EU type-approval certificate, send to the approval authorities of the other Member States and the Commission a copy of the EU type-approval certificate, together with the attachments described in Annexes I and III, including the test reports referred to in Article 23, for each type of vehicle, system, component and technical unit that it has approved. The attachments will at least include data on: - Test vehicle mass/weighs - Test temperature - Road load coefficients - Non-essential equipment in use during testing (climate control systems, audio and media systems etc.) - Tyre details (model, size, pressure) - Vehicle specific gear shift points - Driver mode enabled during testing - Aero dynamic drags - Test vehicle rolling resistance - Technical services used at each stage That copy shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file.
Amendment 691 #
2016/0014(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Where requested by an approval authority of another Member State or the Commission, the approval authority that has issued an EU type-approval shall, within one month of receiving that request, send to the requesting approval authority a copy of the EU type-approval certificate, together with the attachments, described in Annexes I and III. The attachments will at least include data on: - Test vehicle mass/weighs - Test temperature - Road load coefficients - Non-essential equipment in use during testing (climate control systems, audio and media systems etc.) - Tyre details (model, size, pressure) - Vehicle specific gear shift points - Driver mode enabled during testing - Aero dynamic drags - Test vehicle rolling resistance - Technical services used at each stage That copy shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file.
Amendment 694 #
2016/0014(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The approval authority shall without delay inform the approval authorities of the other Member States and the Commission of its refusal or withdrawal of any EU type-approval, stating the reasons for its decision. The approval authority shall include all test results including at least data on: - Test vehicle mass/weighs - Test temperature - Road load coefficients - Non-essential equipment in use during testing (climate control systems, audio and media systems etc.) - Tyre details (model, size, pressure) - Vehicle specific gear shift points - Driver mode enabled during testing - Aero dynamic drags - Test vehicle rolling resistance - Technical services used at each stage Its reasoned decision shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file.
Amendment 697 #
2016/0014(COD)
Proposal for a regulation
Article 25 – paragraph 4 a (new)
Article 25 – paragraph 4 a (new)
4a. The type-approval authority shall without undue delay update the public online data base referred to in Article 10 (2a) when a new type-approval is issued or withdrawn, and every time non- conformity with this Regulation is found or any remedial action taken. The type- approval authority shall include the data specified in paragraph 1 or 3.
Amendment 713 #
2016/0014(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approval shall carry out checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities. The approval authority shall commission a party, independent from the manufacturer, to perform these checks.
Amendment 714 #
2016/0014(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approval shall carry out checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities. The checks shall be carried out frequently without paralyzing the system and at random intervals.
Amendment 736 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. The fee structure should be set to achieve the aim of this regulation. Adequate financing shall enable both type-approval and market surveillance authorities to function according to the specific needs of this regulation.
Amendment 742 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Those national fees regarding type- approvals activities shall be levied on the manufacturers who have applied for type- approval in the Member State concerned. Fees shall not be levied directly by technical servicesThe national fees regarding market surveillance activities shall be levied by the Member State I which the products are placed on the market. Fees shall not be levied directly by technical services. Member States should set up a fee system of their own in order to ensure that the required funds are secured.
Amendment 746 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. The national fees regarding conformity of production shall be levied by the Member State on the manufacturer in the country where the production takes place. Member States shall be allowed to finance the activities regarding conformity of production through other instruments at their disposal.
Amendment 767 #
2016/0014(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Type-approvals for vehicles, systems, components and separate technical units shall be issued for a limited period of 5 years without the possibility of prolongation of categories M1 and N1 shall be issued for a limited period of 5 years and for vehicles of categories N2, N3, M2, M3 and O for a limited period of 8 years. The expiry date shall be indicated in the type-approval certificate. After the expiry of tThe type-approval certificate, it may be renewed upon application by the manufacturer and only where the approval authority has verified that the type of vehicle, system, component and separate technical unit complies with all the requirements of the relevant regulatory acts for new vehicles, systems, components and separate technical units of that types.
Amendment 768 #
2016/0014(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Type-approvals for vehicles, systems, components and separate technical units type of categories M1 and N1 shall be issued for a limited period of 5 years without the possibility of prolongation. Type- approvals for vehicles type of categories N2, N3, M2, M3 and O shall be issued for a limited period of 58 years without the possibility of prolongation. The expiry date shall be indicated in the type-approval certificate. After the expiry of the type- approval certificate, it may be renewed upon application by the manufacturer and only where the approval authority has verified that the type of vehicle, system, component and separate technical unit complies with all the requirements of the relevant regulatory acts for new vehicles, systems, components and separate technical units of that type.
Amendment 775 #
2016/0014(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
(b) where the production of vehicles in conformity with the approved type of vehicle is permanently discontinued on a voluntary basis;; the production of a vehicle shall be considered permanently discontinued when no vehicle of the type concerned was produced over a period of two years.
Amendment 776 #
2016/0014(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
(b) where the production of vehicles in conformity with the approved type of vehicle is permanently discontinued on a voluntary basis;; the production of a vehicle shall be considered permanently discontinued when no vehicle of the type concerned was produced over a period of two years.
Amendment 793 #
2016/0014(COD)
Proposal for a regulation
Article 40 – paragraph 2 a (new)
Article 40 – paragraph 2 a (new)
2a. In addition, more flexibility should be granted to SMEs with small production that cannot meet the same time constraint criteria as large manufacturers.
Amendment 803 #
2016/0014(COD)
Proposal for a regulation
Article 47 – paragraph 3 – subparagraph 2
Article 47 – paragraph 3 – subparagraph 2
The national type-approval authority concerned shall decide, within three months of receipt of that request, whether to permit the placing on the market, registration and entry into service of those vehicles within the territory of the Member State concerned and determine the number of vehicles in respect of which permission may be granted.
Amendment 846 #
2016/0014(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Where vehicles, accompanied by a certificate of conformity, or systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, or are not in conformity with this regulation or were approved on the basis of incorrect data, the approval authorities, market surveillance authorities or the Commission may take the necessary restrictive measures in accordance with Article 21 of Regulation (EC) No 765/2008, to prohibit or restrict the making available on the market, registration or entry into service on the market of non-compliantshall require without delay the relevant economic operator to take all appropriate corrective measures to bring the vehicle, system, component or separate technical unit into compliance with those requirements, or take restrictive measures, either to withdraw the vehicles, systems, components or separate technical units, or to withdraw them from thate market or to recall them, including the withdrawal of the type-approval by the approval authority that granted the EU type-approval, until the relevant economic operator has taken all appropriate corrective measures to ensure that vehicles, systems, components or separate technical units are brought into conformityor to recall it within a reasonable period, depending on the nature of the risk.
Amendment 868 #
2016/0014(COD)
Proposal for a regulation
Article 55 – paragraph 4 – subparagraph 2
Article 55 – paragraph 4 – subparagraph 2
For the purposes of this paragraph, original parts or equipment means parts or equipment that are manufactured according to the specifications and, production and performance standards provided by the vehicle manufacturer for the assembly of the vehicle in question.
Amendment 886 #
2016/0014(COD)
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 2 a (new)
Article 58 – paragraph 1 – subparagraph 2 a (new)
The Commission should ensure throughout the Forum that EU harmonised approach is applied toward EU citizens and granting them the same right on the single market.
Amendment 906 #
2016/0014(COD)
Proposal for a regulation
Article 65 – paragraph 2 – subparagraph 1
Article 65 – paragraph 2 – subparagraph 1
Until the Commission has adopted the relevant standard through the work of the European Committee for Standardization (CEN) or comparable standardisation bodies, the vehicle OBD and vehicle repair and maintenance information shall be presented in an easily accessible mannerand machine-readable manner and electronically processable datasets that can be processed by independent operators with reasonable effort.
Amendment 913 #
2016/0014(COD)
Proposal for a regulation
Article 65 – paragraph 10 a (new)
Article 65 – paragraph 10 a (new)
10a. The Commission shall be empowered to adopt delegated acts in accordance with Article 88 and create Annex XVIIIA to address technological developments in the field of digital data exchange using a wireless wide area network, ensuring the continued direct access to in-vehicle data and resources for Independent Operators and competition- neutrality by technical design.
Amendment 967 #
2016/0014(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point b
Article 72 – paragraph 1 – point b
(b) category B: supervision of the tests and of their preparation referred to in this Regulation and in the acts listed in Annex IV, where those tests are performed in the manufacturer’s facilities or in the facilities of a third party;
Amendment 988 #
2016/0014(COD)
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
1. An in-house technical service of a manufacturer may be designated for category A activities as referred to in Article 72(1)(a) only with regard to the regulatory acts listed in Annex XV. An in- house technical service shall constitute a separate and distinct part of the manufacturer's company and shall not be involved in the design, manufacturing, supply or maintenance of the vehicles, systems, components or separate technical units that it assesses. An independence of the two bodies has to be ensured via separate accreditation of the different bodies or any other means that prevents potential conflicts of interest.
Amendment 1072 #
2016/0014(COD)
Proposal for a regulation
Article 82 – paragraph 2
Article 82 – paragraph 2
2. Type-approval authorities shall communicate to each other and the Commission not later withain two years after the entry into force of this Regulationhe Forum authority and decide on a timeline of the model for assessment check-list used in accordance with Article 77(1) and thereafter the adaptations made to this check-list until the Commission has adopted a harmonised assessment check- list. The Commission shall be empowered to adopt implementing acts to establish the template of the assessment check-list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 1093 #
2016/0014(COD)
Proposal for a regulation
Article 89 – paragraph 2 – point b
Article 89 – paragraph 2 – point b
(b) falsifying test results for type- approval meaning that the results can't be reproduced empirically in a new testing environment where the conditions and values can be verified by the relevant authority;
Amendment 1110 #
2016/0014(COD)
Proposal for a regulation
Article 90 – paragraph 3
Article 90 – paragraph 3
3. The amounts of administrative fines shall be considered as revenueadministrated by the Member States and used for the gbeneral budget of the European Unionfit of consumers negatively affected by the infringement.
Amendment 1122 #
2016/0014(COD)
Proposal for a regulation
Annex XIII – part I – table
Annex XIII – part I – table
Item No Item description Performance Test procedure Marking Packaging requirement requirement requirements 1 […] 2 3 Exhaust Gas catalysts NOx EURO Vehicle Type and their substrates emissions standards and version 2 Turbochargers CO2 and NOx EURO Vehicle Type emissions standards and version 3 Fuel/ Air mixture CO2 and NOx EURO Vehicle Type Compressor systems emissions standards and version other than Turbochargers 4 Diesel Particle Filters PM EURO Vehicle Type standards and version
Amendment 27 #
2015/2354(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the single market is underperforming in almost all areas – in stimulating a digital-driven market, encouraging start-ups, integrating global supply chains, dealing with new business models and ensuring market facilitation, mutual recognition, standardisation and the licensing of professionals;
Amendment 58 #
2015/2354(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Supports the overall objectives of the Commission’s Single Market Strategy for goods and services: "Upgrading the Single Market: more opportunities for people and business", and welcomes its vision for how to unleash the full potential of the single market;
Amendment 65 #
2015/2354(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fact that the strategy is complementary to efforts made in other areas; believes that, by building on the initiatives already being taken, the strategy has good potential to help ensure economic prosperity and make the European Union attractive for investments;
Amendment 137 #
2015/2354(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Draws attention to the fact thatPoints out that, despite the fact that the European Parliament adopted the directive on combating late payment in commercial transactions in February 2011, each year thousands of SMEs across Europe go bankrupt while waiting for their invoices to be paid, including by public administrations; calls on the Commission and the Member States to step up their efforts to facilitate the application and enforcement of the Late Payment Directive; calls, furthermore, on the Member States to consider, in the event of unsatisfactory implementation of the Late Payment Directive, forms of adequate compensation for companies owed money by a public administration on the Commission to carefully assess, when reporting to the Parliament, whether additional legislative measures or revision of the directive are not needed;
Amendment 184 #
2015/2354(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that, in the collaborative economy, the emergence of new business models, including collaborative or sharing economy, should incentivise the Commission to review the level of regulation on a given market and assess whether it is not too burdensome for companies, notably SMEs, and therefore is not hampering entrepreneurship; considers that the same rules should apply to the same services, with a view to ensuring a level playing field and consumer safety while avoiding fragmentation that would hamper the development of new business models;
Amendment 206 #
2015/2354(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Draws attention to the important role of standards for innovation and progress inthe functioning of the single market; calls on the Commission to support and reinforce European standards, including by exploiting the opportunities offered by the ongoing negotiations for a Transatlantic Trade and Investment Partnership (TTIP);
Amendment 232 #
2015/2354(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 266 #
2015/2354(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Emphasises that it is necessary to reinforce the Solvit network and to improve awareness of the network and its role in solving interpretation problems relating to the single market; calls on the Commission to strengthen its efforts in helping Member States to solve the most problematic cases;
Amendment 287 #
2015/2354(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Reiterates its call for the rapid adoption of the Product Safety and Market Surveillance Package by the Council; underlines the importance of the indication of country of origin, which is crucial to protect consumers and to strengthen the fight against counterfeiting;
Amendment 299 #
2015/2354(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that regulatory differences between Member States regarding differing labelling requirements create unnecessary obstacles to the activities of suppliers of goods; calls on the Commission to consider introducing a mandatory scheme for the provision of key information for furniture, established at EU level; considers that such an initiative would be beneficial for consumers, industries and trade operators, ensuring transparency, adequate recognition of European products and harmonised rules for operators in the single market;
Amendment 338 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Highlights the fact that inefficient delivery services, especially as regards the final mile delivery, constitute important barrier to selling across borders in the EU; stresses that accessible, affordable, efficient and high-quality delivery services are an essential prerequisite for thriving single market; calls on the Commission to come up with a comprehensive action plan for parcel delivery and define goals to be realised on this market by the end of 2020; calls on the Commission to put more emphasis on dismantling barriers operators encounter in cross-border delivery;
Amendment 379 #
2015/2354(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Calls the Commission to strengthen its efforts to identify possible infringements of EU law by Member States on a very early stage and to take a firm stance against any legislative measures, adopted or being proceeded in national parliaments, that could increase the fragmentation of the single market;
Amendment 380 #
2015/2354(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Highlights that the commitment and willingness of the Member States to properly implement and apply EU law is essential to make the single market successful; calls upon Member States to remove unjustified and disproportionate barriers to the single market and refrain from discriminatory and protectionist measures to foster jobs, growth and competitiveness;
Amendment 47 #
2015/2322(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the positive experiences gained from cooperation in the Pentalateral Energy Forum aremay serve as a models for greater regional market responsibility;
Amendment 311 #
2015/2322(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for national capacity mechanisms only to be authorised where a detailed analysis of the production and supply situation at regional level has been carried out in advance and a bottleneck has been identified which cannot be eliminated by less stringent measures such as a strategic reserve;
Amendment 398 #
2015/2322(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that the expectation of future price surges can create incentives for producers and investors to invest in production capacity, particularly in high- efficiency modern gas-fired power stations, urges politicians not to intervene in the market even in the event of large price surges and calls, in the medium term, for the complete abolition of regulated final consumer prices;
Amendment 513 #
2015/2322(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes the view that, for a medium- term transitional period, national responsibility for the energy mix cannot be questioned and therefore that both nuclear power, which is largely CO2-neutral, and the use of national energy reserves together with high-efficiency gas-fired power stations and coal-fired electricity generation using the latest technology, can make vital contributions to the integration of renewables;
Amendment 19 #
2015/2210(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the need to apply all existing rules of the Stability and Growth Pact in order to achieve the stability of the public finances. Underlines the possibility to impose financial penalties in case of not keeping these rules.
Amendment 26 #
2015/2210(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that payment shortages, largely due to insufficient payment ceilings and under-budgeting remain acute in 2015; fears that this will continue to jeopardise the proper implementation of the new 2014-2020 MFF programmes, and to penalise the beneficiaries, especially local, regional and national authorities, who are facing economic and social constraints;
Amendment 28 #
2015/2161(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Takes note of the Ombudsman´s calculations with regard to potential savings of EUR 195 000 should there be only one seat of the institution; takes into account that the seat of the Ombudsman is tied with the seat of the Parliament and therefore deems it necessary that the Ombudsman is included in any debate on centralisation of the Parliament´s seat; stresses that such centralization should be actively promoted;
Amendment 23 #
2015/2155(DEC)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses that the Court of Auditors report adopted on 11.07.2014 states that the potential saving for the EU budget would be about 114 million EUR per year if the European Parliament centralised its activities; reiterates the call on Parliament and the Council to address, in order to create long term savings, the need for a roadmap to a single seat, as stated by Parliament in several previous resolutions;
Amendment 103 #
2015/2147(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas widely available advanced communications infrastructures form the basis of an inclusive digital economy, and levels of network investment in Europe remain significantly below those in other developed world regions;
Amendment 121 #
2015/2147(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a high and consistent level of consumer protection and satisfaction across all digital services entails necessarily entails choice, flexibility, information and trust in a secure online environment;
Amendment 252 #
2015/2147(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the urgent need for the European 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 for the digital market supporting investment in enhanced digital infrastructures by simplifying and reducing regulation and fit for the emergence and scale- up of innovative businesses, ands well as a long term investment strategy instrategy to boost digital infrastructure, skills, research and innovation;
Amendment 309 #
2015/2147(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned aboutby 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 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;
Amendment 416 #
2015/2147(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that a full harmonisation of the legal framework to protect consumers in the Internet economy including the rules governing online sales irrespective of whether they are cross- border or domestic sales, while maintainkeeping the coherence of online and offline rules regarding legal remedies, constitutes the most practical and proportionate approachpproach, underlines that such rules need to be proportionate and not impose unreasonable costs for business;
Amendment 636 #
2015/2147(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Emphasises that incentivising private investments in fast and ultra-fast communication networks is a requirement forto any digital progress, with competition remainingand investment as the main drivers of infrastructure investments, innovation, affordable prices and choices for consumers; considers that little evidence exists, in the stillbelieves therefore in the need for an investment-friendly fragmented European tework supporting sustainable communications market, of a link between consolidation of operators and increased investment in networkpetition with sustained investment; considers that regulation of prices for access to high-speed networks should be phased out in favour of commercial agreements concluded between the different market players;
Amendment 716 #
2015/2147(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that sincwhile the development of over- the- top services has further increased demand and competition to the benefit of consumers, consumers are faced with new risks; believes therefore that modernisation of the telecommunication framework should not lead to moreunnecessary regulatory burdens, but shoulensure a consistent level of consumer protection, and drive innovation and fair competition across digital markets;
Amendment 767 #
2015/2147(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that uniform enforcement of the Connected Cthe institutional framework for enforcing EU regulationt inent package, including the end of roaming surcharges and the net neutrality principle, requires the establishment of a single Europe digital markets is in need of reform; insists on a clear division of competences between national regulatory authorities and regulatory bodies at EU level; believes that making regulation less complex can thelecommunications regulatorp to achieve a more consistent application of EU rules in the Digital Single Market;
Amendment 810 #
2015/2147(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Urges the Commission to develop an innovation-friendly policy that lowers barriers for entry, fosters fair competition between, and innovation in,between online platforms; considers that the priorities should be transparency, facilitation of switching between platforms or online services, access to platforms, andnon-discrimination and access to platforms for end-users, as well as identifying and addressing barriers to the emergence and scale- up of platforms should be priorities;
Amendment 863 #
2015/2147(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Appreciates the Commission’'s initiative to analyse the role of platforms in the Digital Economy as part of the up-coming Internal Market Strategy and to take action where required, ensuring a comprehensive and similar approach to regulation across the digital market;
Amendment 98 #
2015/2132(BUD)
Motion for a resolution
Paragraph 67 b (new)
Paragraph 67 b (new)
67b. Stresses that Parliament and the Council must address the need for a roadmap to a single seat, as requested by a large majority in this Parliament in several resolutions, in order to create long term savings in the Union budget;
Amendment 141 #
2015/2089(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that, where the need for European single market regulation can be demonstrated, the institutions should jointly undertake to ensure that the principle of proportionality, ais well as the principles ofreflected in the drafting of the relevant legislation; believes, furthermore, that the process should aim at simplicity, transparency, coherence and respect for fundamental rights, are reflected in the drafting of the relevant legislation;
Amendment 152 #
2015/2089(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. CRegrets that around 40% of draft impact assessments examined by the EC Impact Assessment Board 2010-2014 were considered to be of insufficient quality and were sent back for improvements; considers that in order to be effective as tools, impact assessments should be prepared on the basis of strong evidence; believes that careful consideration of scientific advice should form part of the impact assessment process and, in particular, substantiate how or why policy choices have been made in preparatory phases, which will assist the political process; furthermore considers that impact assessments must take into account the digital revolution and the need for future proof legislation;
Amendment 154 #
2015/2089(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Points out that no clear guidance is given whether potential impacts from REFIT proposals should be quantified or not; highlights the need for REFIT proposals to become more targeted by quantifying the potential benefits and cost savings in each proposal;
Amendment 159 #
2015/2089(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Reiterates the need to introduce the single market as a separate pillar in the European Semester process; calls on the Commission and Member States to ensure that the European Parliament plays an active role through scrutinising the process;
Amendment 181 #
2015/2089(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers that services such as SOLVIT and SOLVIT plus represent as useful, low-cost alternatives to legal action; notes that only 4 % of consumers and companies are aware of the tools and that the present take-up of these services is very low, in particular by the business community; calls on the Commission, and Member States in order to resolve this problem, to improve further awareness about these tools, while examining whether the outcomes and responses from those tools are adequate for users;
Amendment 155 #
2015/2065(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Welcomes the recent step by the Supply Chain Initiative that enables SMEs and micro-enterprises to join under a simplified procedure; points out that the number of SMEs registered has steadily increased and that they are now more numerous than larger entities;
Amendment 161 #
2015/2065(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 209 #
2015/2065(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 229 #
2015/2065(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 249 #
2015/2065(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes strongly that a single, clear, precise and binding definition of UTPs sAcknowledges and supports the principles of good practises in the vertical relationships called for in the European Parliament report on a more fair and efficient retail market which was agreed on by all relevant stakehould be drawn up, so as to allow effective rules to be laid dowers and includes clear and precise definitions of UTPs so as to allow proper action to be taken with a view to combating such practices;
Amendment 260 #
2015/2065(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for due account to be taken, when drafting rulmeasures in this area, of the specific features of each market and the legal requirements obtaining on it, the different situations and approaches in individual Member States, the degree of consolidation or fragmentation of individual markets, and other significant factors; takes the view that such regulatory efforts should ensure that there is relatively broad discretion to tailor the measures to be taken to the specific features of each market and should be based on the general principle of improving enforcement by involving the relevant public agenciesbodies and the national platforms of the Supply Chain Initiative;
Amendment 268 #
2015/2065(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls onSupports the Commission to assesss ongoing assessment of the voluntary and self- regulatory schemes put in place to date and the effectiveness of the regulatory action taken at national and EU level; calls for an assessment of the likely impact of the various types of EU regulatory action that have been proposed, with due account being taken of all the possible implications for the various stakeholders and for consumer welfareon the Commission to speed up its process and put a deadline by January 2016;
Amendment 271 #
2015/2065(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to come up with concrete proposals on a way forward based on their assessment of the voluntary and self-regulatory schemes;
Amendment 1 #
2015/2045(BUD)
Motion for a resolution
Recital D
Recital D
D. whereas Ireland submitted application EGF/2014/016 IE/Lufthansa Technik for a financial contribution from the EGF, following a total of 424 redundancies in Lufthansa Technik Airmotive Ireland Ltd (LTAI) and two of its suppliers in Ireland; whereas only 148 workers were made redundant during the reference period from 1 March 2014 to 30 June 2014,
Amendment 3 #
2015/2045(BUD)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the conditions set out in Article 4(1)(a) of the EGF Regulation are not met, but agrees with the Commission that Ireland is entitled to a financial contribution under the exceptional circumstances provision of that Regulation because of the serious impact on employment and the local and regional economy of the closure and dismissal of the entire workforce of Lufthansa Technik Airmotive Ireland Ltd; underlines that if the criteria laid down in Article 4(1)(a) are not entirely met, the application should be assessed on a case-by-case basis and that there should not be an automatic endorsement of applications that don't meet the basic conditions;
Amendment 6 #
2015/2045(BUD)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that currently there are about 1 550 employees in this sector in Ireland, and that the figures presented by Irish authorities show a shrinkage of about 52% in total employment in that field;
Amendment 14 #
2015/2045(BUD)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Welcomes that the principles of equality of treatment and non- discrimination will be respected in the access to the proposed actions and their implementation;
Amendment 3 #
2015/2012(BUD)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Whereas the report of the Court of Auditors adopted on 11 July 2014 states that the potential saving for the Union budget would be about EUR 114 million a year if the Parliament centralised its activities;
Amendment 37 #
2015/2012(BUD)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that in order to create substantial savings the need for a road map to a single seat of the Parliament must be addressed;
Amendment 30 #
2015/0284(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The technological developmentdevelopment of technology and innovative services leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers' location. There is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home country but also when they are temporarily present in another Member State of the Union.
Amendment 56 #
2015/0284(COD)
Proposal for a regulation
Recital 12
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. Open cross-border access is not the objective of this Regulation. Therefore, cross-border portability should be distinguished from open cross-border access.
Amendment 71 #
2015/0284(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation should, therefore, apply to online content services that a service provider, after having obtained the relevant rights from right holders in a given territory, provides to its subscribers on the basis of a contract, by any means including streaming, downloading or any other technique which allows use of that content online. A registration to receive content alerts or a mere acceptance of HTML cookies should not be regarded as a contract for the provision of online content service for the purposes of this Regulation.
Amendment 80 #
2015/0284(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation should apply to online content services which are provided against payment of money. Providers of such services are in a position to verify the Member State of residence of their subscribers. The right to use an online content service should be regarded as acquired against payment of money whether such payment is made directly to the provider of the online content service, or to another party such as a provider offering a package combining a telecommunications service and an online content service operated by another provider. The payment of a universal mandatory fee such as a broadcasting license fee should not be regarded as a payment in the context of this Regulation.
Amendment 87 #
2015/0284(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) OProviders of online content services which are provided without payment of money are alsoshould have the option to be included in the scope of this Regulation toif the extent that providers verify the Member State of residence of their subscribers. Online content services which are providedy decide so and provided that they comply without the payment of money and whose providers do not verifyrequirements on the verification of the Member State of residence o. If their subscribers should be outside the scope of this Regulay exercise this option as, their inclusion would involve a major chany should be obliged to the way these services are delivered and involve disproportionate costs. As concerns verification of the subscriber's Member State of residence, information such as a payment of a licence fee for other services provided in the Member State of residence, the existence of a contract for internet or telephone connection, IP address or other means of authentication, should be relied upon, if they enable the provider to have reasonable indicators as to the Member State of residence of its subscriberscomply with the provisions of this Regulation in the same way as providers of online content services which are provided against payment of money.
Amendment 104 #
2015/0284(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure that providers of online content services comply with the obligation to provide cross-border portability of their services without acquiring the relevant rights in another Member State, it is necessary to stipulate that those service providers which lawfully provide portable online content services in the Member State of residence of subscribers are always entitled to provide such services to those subscribers when they are temporarily present in another Member State. This should be achieved by establishing that the provision, the access to and the use of such online content service should be deemed to occur in the Member State of the subscriber's residence. This Regulation and in particular the legal mechanism localising the provision of, the access to and the use of an online content service in the Member State of the subscriber's residence does not prevent a service provider from offering its subscriber who is temporarily present in another Member State an online content service that the provider lawfully provides in that Member State.
Amendment 126 #
2015/0284(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) A provider who established the Member State of residence in accordance with this Regulation should be able to assume, for the purposes of this Regulation, that the verified Member State of residence is the only Member State of residence of the subscriber.
Amendment 129 #
2015/0284(COD)
Proposal for a regulation
Recital 23 c (new)
Recital 23 c (new)
(23c) In order to take into account technological developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the list of effective means for the verification of the subscriber's Member State of residence. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 175 #
2015/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) "Online content service" means a service as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union that a service provider is lawfully providing online in the Member State of residence on a portable basis and which is an audiovisual media service within the meaning of Directive 2010/13/EU or a service the main feature of which is the provision of access to and use of works, other protected subject matter or transmissions of broadcasting organisations, whether in a linear or an on- demand manner, which is provided to a subscriber on agreed terms either: (1) (2) provided that the subscriber's Member State of residence is verified by the provider;; against payment of money; or without payment of money
Amendment 202 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
(3a) The provider of an online content service provided without payment of money may decide to allow its subscribers who are temporarily present in a Member State to access and use the service in accordance with this Regulation. In order for the provisions of this Regulation to be applicable to providers in accordance with paragraph 1 of this Article, the provider shall verify the subscribers' Member State of residence in accordance with Article 3b. The provider shall inform subscribers, the relevant holders of copyright and related rights and those holding any other rights in the content of online content service of its decision to provide the online content service in accordance with paragraph 1 of this Article prior to providing that service. The information shall be provided by means which are adequate and proportionate. If the provider chooses to provide the online content service in accordance with paragraph 1 of this Article, this Regulation shall apply to that provider.
Amendment 205 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
Amendment 224 #
2015/0284(COD)
Proposal for a regulation
Article 5 – paragraph 1
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 between service providers and subscribers which are contrary to Articles 3(1) and 4this Regulation shall be unenforceable.
Amendment 231 #
2015/0284(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 247 #
2015/0284(COD)
Proposal for a regulation
Article 7
Article 7
This Regulation shall apply also to contracts concluded and rights acquired before the date of its application if they are relevant for the provision, the access to and the use of an online content service in accordance with Articles 3 and 3a after that date.
Amendment 250 #
2015/0284(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 3 (3b) shall be conferred on the Commission for indeterminate period of time from [date of entry into force of the basic legislative act or any other date set by the co-legislators]. 3. The delegation of power referred to in Article 3(3b) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 3(3b) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of [two months] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by [two months] at the initiative of the European Parliament or of the Council.
Amendment 253 #
2015/0284(COD)
Proposal for a regulation
Article 7 b (new)
Article 7 b (new)
Article 7b Evaluation Three years after the entry into force of this Regulation the Commission shall assess its implementation and report to the European Parliament and the Council. That report shall include an assessment of the verification of the Member State of residence, and, if necessary, on the need for a review. The report shall assess, in particular, whether or not there has been an increase in the prices charged to consumers. The Commission's report shall be accompanied, if appropriate, by a legislative proposal.
Amendment 260 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
(1) Chapters I, II to V, and VII apply to the following new products placed on the Union market after the entry into force of the national measures implementing the Directive:
Amendment 334 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
(2) “universal design” referred to also as “design for all” means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible and as far as technically possible, without the need for adaptation or specialised design; “universal design” does not exclude assistive devicesthe need to connect assistive devices such as third- party provider applications, peripheral devices, software, or hardware to the particular product in order to make it accessible for particular groups of persons with functional limitations, including persons with disabilities where this is needed;
Amendment 372 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
(6) An appropriate number of air, bus, rail and waterborne passenger transport services, the websites, the mobile device- based services, smart ticketing and real- time information and Sself-service terminals, ticketing machines and check-in machines used for provision of passenger transport services shall comply with the corresponding requirements set out in Section V of Annex I.
Amendment 375 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 7
Article 3 – paragraph 7
(7) BAn appropriate number of banking services, the websites, the mobile device- based banking services, self- service terminals, including Automatic Teller machines used for provision of banking services shall comply with the requirements set out in Section VI of Annex I.
Amendment 409 #
2015/0278(COD)
Proposal for a directive
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 432 #
2015/0278(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
(3) Where an importer considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in Article 3, he shall not place the product on the market until it has been brought into conformity. Furthermore, where the product presents a risk to safety or health, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 441 #
2015/0278(COD)
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
(8) Importers who consider or have reason to believe that a product which they have placed on the market is not in conformity with the requirements referred to in Article 3 shall immediately take the necessary corrective measures to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product presents a risk to safety or health, importers shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.
Amendment 452 #
2015/0278(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
(3) Where a distributor considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in Article 3, they shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product presents a risk to safety or health, the distributor shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 459 #
2015/0278(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
(5) Distributors who consider or have reason to believe that a product which they have made available on the market is not in conformity with this Directive shall make sure that the necessary corrective measures are taken to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product presents a risk to safety or health, distributors shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect giving details, in particular, of the non-compliance and of any corrective measures taken.
Amendment 487 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 6
Article 12 – paragraph 6
(6) Where the economic operators have used the exception provided for in paragraphs 1 to 5 for a specific product or service they shall notify the relevant market surveillance authority of the Member State in the market of which the product or service is placed or made available. Notification shall include the assessment referred to in paragraph 3. Microenterprises are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authorityThe assessment must be submitted to the relevant market surveillance authority in accordance with paragraph 3, if so requested.
Amendment 503 #
2015/0278(COD)
Proposal for a directive
Article 16
Article 16
Amendment 513 #
2015/0278(COD)
Proposal for a directive
Article 19 – title
Article 19 – title
Procedure for dealing with products presenting a risk to safety or health related to accessibility at national level
Amendment 515 #
2015/0278(COD)
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
Where the market surveillance authorities of one Member State have taken action pursuant to Article 20 of Regulation (EC) No 765/2008, or where they have sufficient reason to believe that a product covered by this Directive presents a risk to safety or health related to accessibility aspects covered by this Directive, they shall carry out an evaluation in relation to the product concerned covering all the requirements laid down in this Directive. The relevant economic operators shall fully cooperate with the market surveillance authorities.
Amendment 524 #
2015/0278(COD)
Proposal for a directive
Article 19 – paragraph 5 – introductory part
Article 19 – paragraph 5 – introductory part
(5) The information referred to in paragraph 4 shall include all available details, in particular the data necessary for the identification of the non-compliant product, the origin of the product, the nature of the alleged non-compliance and the risk to safety or health involved, the nature and duration of the national measures taken and the arguments put forward by the relevant economic operator. In particular, the market surveillance authorities shall indicate whether the non- compliance is due to any of the following:
Amendment 525 #
2015/0278(COD)
Proposal for a directive
Article 19 – paragraph 5 – point a
Article 19 – paragraph 5 – point a
(a) the failure of the product to meet requirements relating to those set out in Article 3 of this Directive, resulting in a risk to safety or health, or
Amendment 526 #
2015/0278(COD)
Proposal for a directive
Article 19 – paragraph 5 – point b
Article 19 – paragraph 5 – point b
(b) the shortcomings in the harmonised standards referred to in Article 13 conferring a presumption of conformity, resulting in a risk to safety or health.
Amendment 528 #
2015/0278(COD)
Proposal for a directive
Article 19 – paragraph 8
Article 19 – paragraph 8
(8) Member States shall ensure that appropriate, proportionate restrictive measures are taken in respect of the product concerned, such as withdrawal of the product from their market, without delay.
Amendment 112 #
2015/0269(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) It should be specified in this Directive that the activities of a dealer include not only the manufacturing but also the modification or conversion a firearm, such as the shortening of a complete firearm, and in addition the commercial modification or conversion of parts of firearms and of ammunition, and that, therefore, only authorised dealers should be permitted to engage in those activities. This Directive should not apply to reloading of ammunition for personal use or making legal modifications and conversions to a firearm for which a person has an authorization.
Amendment 152 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) BCollectors and bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established and shoulding in their possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member State concerned and provided that those firearms have been deactivat be able to keep and acquire firearms classified in category A subject to authorisation by the Member State concerned.
Amendment 172 #
2015/0269(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 220 #
2015/0269(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 279 #
2015/0269(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Furthermore, the risk of alarm weapons and other types of blank firing weapons being converted to real firearms is high, and in some of the terrorist acts converted arms were used. It is therefore essential to address the problem of converted firearms being used in criminal offences, notably by including them in the scope of the Directive. Technical specifications for alarm and signal weapons as well as for salute and acoustic weapons should be adopted in order to ensure that they cannot be converted into firearms.
Amendment 316 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
1b. For the purposes of this Directive, "essential component" shall mean the barrel, frame, receiver, slide or cylinder, bolt or breaech block and any device designed or adapted to diminish the sound caused by firing a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
Amendment 330 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 91/477/EEC
Article 1 –paragraph 1e
Article 1 –paragraph 1e
1e. For the purposes of this Directive, "broker" shall mean any natural or legal person, other than a dealer whose trade or business consists wholly or partly in buying, selling or arranging the transfer within a Member State, from one Member State to another Member State or exporting to a third country or importing into a Member State from a third country fully assembled firearms, their parts and ammunition.
Amendment 361 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1h
Article 1 – paragraph 1h
Amendment 406 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not apply to the acquisition or possession of weapons and ammunition, in accordance with national law, by the armed forces, the police, the public authorities or by collectors and bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established. Nor shall it apply to commercial transfers of weapons and ammunition of warproducts of the defence industry.
Amendment 434 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any firearm or parand any essential component placed on the market has been marked and registered in compliance with this Directive.
Amendment 452 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
For the purposes of identifying and tracing each assembled firearm, Member States shall, at the time of manufacture of each firearm or at the time of import into the Union or as soon as possible thereafter, require a unique marking including the name of the manufacturer, the country or place of manufacture, the serial number and the year of manufacture, if not already part of the serial number. This shall be without prejudice to the affixing of the manufacturer's trademark.
Amendment 460 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Amendment 519 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 536 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The acquisition and possession of firearms shall only be permitted if, inter alia, there is good cause. Member States, whilst not being under any obligation in that regard, may decide that the acquisition and possession of firearms for the purpose of, for example, hunting, target shooting, self-defence, reservist training, various scientific, technical and testing activities and re-enactment of historical events, filmmaking or historical study constitutes good cause.
Amendment 549 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall provide for standard medical tests for issuing or renewing authorisations as referred to in paragraph 1 and shall withdraw authorisations if any of the conditions on the basis of which it wasthey were granted is no longer met.
Amendment 578 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. This Directive is without prejudice to the ownership of firearms and ammunition acquired through inheritance. Member States shall prohibit the possession of such firearms by owners who are not duly authorised.
Amendment 590 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms and ammunition classified in category A and to destroy those. In exceptional and duly reasoned cases, the competent authorities may grant authorisations for the acquisition and possession of such firearms and ammunition wheld in violation of this provison and seizedre this is not contrary to public security or public order.
Amendment 620 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Member States may authorise persons or bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established to keep in theiracquire and possession firearms classified in category A acquired before [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b)when this is not contrary to public security or public order.
Amendment 660 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 91/477/EEC
Article 7 – paragraph 4 – subparagraph 2 (new)
Article 7 – paragraph 4 – subparagraph 2 (new)
Amendment 731 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 91/477/EEC
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission shall submit every five years submit a report to the European Parliament and the Council on the application of this Directive, including a fitness check of the new provisions, accompanied, if appropriate, by proposals in particular as regards the categories of firearms of Annex I and the issues related to new technologies such as 3D printing. The first report shall be submitted by ... [two years after the date of entry into force of this Amending Directive].
Amendment 748 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 6
Annex I – part II – point A – category A – point 6
Amendment 751 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 6
Annex I – part II – point A – category A – point 6
6. Automatic firearms which have been converted into semi-automatic firearms; which have not been authorised in accordance with Article 10ba, with the exception of firearms converted prior to ... [the date of entry into force of this Amending Directive1a]; __________________ 1a In this case, Article 10ba shall be amended as follows: "Member States shall take measures to ensure that long semi-automatic firearms which have been converted from originally automatic firearms cannot be reconverted into automatic firearms. Mechanical design of any particular type of long semi- automatic firearms including conversions of any particular type of originally automatic firearms into semi-automatic firearms must be authorised for civilian use by a competent public authority before being placed on the market."
Amendment 755 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 6
Annex I – part II – point A – category A – point 6
6. AComponents with which a semi- automatic firearms which have can been converted into semi-an automatic firearm without sophisticated skills and tools;
Amendment 762 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 7
Annex I – part II – point A – category A – point 7
Amendment 778 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 8
Annex I – part II – point A – category A – point 8
Amendment 811 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 5
Annex I – part II – point A – category C – point 5
5. Alarm and signal weaponsFirearms under categories A, B and points 1 to 4 of category C, after having been converted to alarm, signal, salute and, acoustic weapons as well as replicas;, gas, paintball or airsoft, Flobert, or percussion lock weapons.
Amendment 822 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 6
Annex I – part II – point A – category C – point 6
Amendment 830 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 14 – point a
Article 1 – point 14 – point a
Directive 91/477/EEC
Annex I – part III – point a
Annex I – part III – point a
Amendment 838 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 14 – point c
Article 1 – point 14 – point c
Directive 91/477/EEC
Annex I – part III – paragraph 2
Annex I – part III – paragraph 2
Amendment 843 #
2015/0269(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive [36 months after publication toin the OJ]. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 34 #
2015/0009(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) Since the EFSI should contribute to helping businesses by overcoming capital shortages, it is unlikely that basic or early-stage scientific research will benefit from this Regulation. The Commission should therefore ensure that any funds redeployed from the EU budget are not withdrawn from programmes that fund such activities.
Amendment 41 #
2015/0009(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
The purpose of the EFSI shall be to support investments in the Union as described in Article 5(2), in a non-discriminatory way, and to ensure increased access to financing for companies having up to 3000 employees, with a particular focus on micro-, small- and medium-sized innovative enterprises, through the supply of risk bearing capacity to the EIB ('EFSI Agreement').
Amendment 74 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point e
Article 5 – paragraph 2 – subparagraph 1 – point e
(e) providensuring financial support for the companies referred to in Article 1(1), incluby providing working capital risk financing to boost competitiveness and economic growth in the EU and to support economic, social and territorial cohesion.
Amendment 76 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
Granting of the EU guarantee for EIB financing and investment operations shall be subject to a comprehensive impact assessment taking into account the economic, environmental and social impact, as well as Union added-value and positive impact on internal market integration, EU competitiveness, growth and job creation.
Amendment 77 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
Granting of the EU guarantee for EIB financing and investment operations shall be subject to a comprehensive impact assessment taking into account the economic, environmental and social impact, as well as Union added-value and positive impact on internal market integration, EU competitiveness, growth and job creation.
Amendment 78 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
The Commission shall ensure that any funds redeployed from the EU budget are not withdrawn from programmes that fund basic or early-stage scientific research.
Amendment 179 #
2015/0009(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The purpose of the EFSI should be to help resolve the difficulties in financing and implementing productive investments in the Union that provide an immediate boost to Europe's economy 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, small mid- cap companies, which areand mid-cap companies having up to 3000 employees, but should not be limited to these types of companies. Overcoming Europe's current investment difficulties should contribute to strengthening the Union'closing the innovation divide in Europe, strengthening the Union's innovation potential, competitiveness, economic growth and employment, as well as economic, social and territorial cohesion.
Amendment 208 #
2015/0009(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Taking into account that small mid- cap companies with up to 499 employees and mid-cap companies with up to 3000 employees represent the most innovative segment of companies in the private sector, generating on average a higher number of patents, process innovations and product innovations as well as higher returns on investment, while still facing similar problems as SMEs regarding access to finance, the EFSI should tailor some of its financial products towards small mid-caps and mid-cap companies in particular.
Amendment 211 #
2015/0009(COD)
Proposal for a regulation
Recital 11 c (new)
Recital 11 c (new)
(11c) In order to ensure that the EFSI fulfils its purpose it is imperative that an amount of at least EUR 5 500 000 000 from the EFSI is allocated for EIB funding to the EIF to be used specifically for the benefit of Small and Medium Enterprises and small mid-cap companies as well as innovative SMEs and innovative mid-caps.
Amendment 231 #
2015/0009(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Many small and medium enterprises, as well as mid-cap companies, 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 and market failures 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.
Amendment 239 #
2015/0009(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The EFSI should be established within the EIB in order to benefit from its experience and proven track record and in order for its operations to start to have a positive impact as quickly as possible. The work of the EFSI on providing finance to small and medium-sized enterprises and small mid-cap companies should be channelled through the European Investment Fund ('EIF') to benefit from its experience in these activities.
Amendment 611 #
2015/0009(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Amendment 968 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point b
Article 5 – paragraph 2 – subparagraph 1 – point b
(b) investment in education and training, health, research and development, information and communications technology and innovation; 25% of investments in research should be realized in small or medium sized companies;
Amendment 1040 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
The EU guarantee can be combined with, or can be used to complement, accelerate or strengthen existing EU financial instruments.
Amendment 1042 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 b (new)
Article 5 – paragraph 2 – subparagraph 2 b (new)
Amendment 1104 #
2015/0009(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The EU guarantee to the EIB shall be of an amount equal to EUR 16 000 000 000, of which a maximum amount oft least EUR 25 500 000 000 mayshall be allocated for EIB funding to the EIF in accordance with paragraph 2. Without prejudice to Article 8(9), aggregate payments from the Union under the guarantee to the EIB shall not exceed the amount of the guarantee.
Amendment 22 #
2014/2256(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Believes that the modernisation of copyright rules in the EU would be incomplete without an update of Directive 2000/31/EC on electronic commerce and suggests that the European Commission should consider actions in this direction;
Amendment 39 #
2014/2256(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Believes that common effort should be made in combatting copyright infringements in the EU in order to ensure the protection of copyright and fair remuneration for authors of copyrighted online content;
Amendment 50 #
2014/2256(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that territorial fragmentation may require users aspiring to offer content- related services across the EU to secure multiple licenses; emphasises the factnotes that differences in limitations and exceptions may create additional legal costs and legal uncertainty; recalls that consumers may be denied access to certain content services on geographical grounds;
Amendment 64 #
2014/2256(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Urges the Commission to promote a flexiblehigher level of harmonisation that does not weaken copyright protection and balanced framework for exceptions and limitations that does not cause any harm to right holders and that conforms with consumer expectations; emphasises the important role that exceptions and limitations agreed on for public-interest reasons, for the purpose of education and teaching, play in providing access to knowledge as well as in encouraging cultural and societal participation; urges the Commission and the Member States to consider e-books as part of public lending schemes, provided that all necessary agreements with the relevant right holders have been reached beforehand;
Amendment 79 #
2014/2256(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Highlights the importance of promoting greater interoperability for software, as lack of interoperability hampers innovation and reduces competition in the EU; believes that lack of interoperability may lead to market dominance of one particular product, which in turn stifles competition and limits consumer choice in the EU; recognises that a number of these issues are linked to competition law and highlights that healthy competition along with the protection of intellectual property rights are essential for doing business with legal content.
Amendment 9 #
2014/2245(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the importance of the investment plan presented by the Commission as a first step in offsetting the deficit in public and private investment; recalls, in this connection, that the principle of additionality is to be respected, and favourable fiscal treatment ensured for both direct and indirect national contributions;.
Amendment 33 #
2014/2245(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 42 #
2014/2245(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Reiterates its deep conviction that a genuine revision of the multiannual financial framework (MFF) byto be launched by the European Commission by the end of 2016, at the latest, would be the ideal opportunity to revisit the MFF Regulation to make sure that it addresses the persistent problem of payment appropriations and the possible impact on payments of the delayed implementation of operational programmes in the area of cohesion policy.
Amendment 5 #
2014/2078(DEC)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the Court of Auditors Report adopted on 11.07.2014 states that the potential saving for the EU Budget would be about 114 million euro a year if the European Parliament centralised its activities;
Amendment 48 #
2014/2078(DEC)
Motion for a resolution
Paragraph 33 c (new)
Paragraph 33 c (new)
33c. Stresses that the Parliament and the Council, in order to create long term savings in the Union budget, must address the need for a roadmap to a single seat, as stated by the Parliament in several previous resolutions;
Amendment 30 #
2014/0124(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Undeclared work has serious budgetary implications through decreased tax and social security revenues. It has negative impacts on employment, productivity, compliance with working conditions' standards, skills development and life-long learning. It undermines the financial sustainability of social protection systems, deprives workers of adequate social benefits and results in lower pension rights and less access to healthcare. Undeclared work should be tackled in the Member States through the application of appropriate tax and social policies.
Amendment 32 #
2014/0124(COD)
Proposal for a decision
Recital 8
Recital 8
(8) Undeclared work has negative effects also on the functioning of the single market. A wide range of policy approaches and measures to tackle undeclared work have been introduced across the Member States. Member States have also concluded bilateral agreements and carried out multilateral projects on certain aspects of undeclared work. The Platform will not prevent the application of bilateral agreements or arrangements concerning administrative cooperation. The main responsibility for tackling undeclared work will remain with the Member States.
Amendment 54 #
2014/0124(COD)
Proposal for a decision
Recital 16
Recital 16
(16) The Platform should involve the European Parliament, the social partners at EU level, both cross-industry and in those sectors more severely affected by undeclared work, and cooperate with relevant international organisations, such as the International Labour Organisation (ILO), and Union decentralised agencies, in particular Eurofound and European Agency for Safety and Health at Work. The involvement of Eurofound and European Agency for Safety and Health at Work in the work of the Platform as observers will not extend their existing mandates. The representative from the European Parliament should have an observer status in the Platform.
Amendment 59 #
2014/0124(COD)
Proposal for a decision
Recital 21
Recital 21
(21) The Platform and its tasks should be funded through the PROGRESS axis of the programme for Employment and Social Innovation (EaSI) within the appropriations set by the budgetary authority. The Commission will make sure that the financial resources are used in a transparent and efficient way for the work of the Platform.
Amendment 61 #
2014/0124(COD)
Proposal for a decision
Recital 22 a (new)
Recital 22 a (new)
(22a) Although the Platform is a useful first step towards better cooperation among Member States in the fight against undeclared work, it should not be seen as the only possible Union instrument against that phenomenon. In particular, the Commission will continue to monitor existing national and Union legislation, in order to establish whether this encourages directly or indirectly undeclared work.
Amendment 73 #
2014/0124(COD)
Proposal for a decision
Article 1 – paragraph 3 – point d a (new)
Article 1 – paragraph 3 – point d a (new)
(da) an independent representative appointed by the European Parliament.
Amendment 106 #
2014/0124(COD)
Proposal for a decision
Article 7 – paragraph 1
Article 7 – paragraph 1
(1) The Commission shall coordinate, promote and facilitate the work of the Platform and chair its meetings.
Amendment 114 #
2014/0124(COD)
Proposal for a decision
Article 10 – paragraph 1
Article 10 – paragraph 1
The global resources for the implementation of this Decision shall be established within the framework of the programme for Employment and Social Innovation (EaSI), the annual appropriations of which shall be authorised by the budgetary authority within the limits of the Financial Framework. The Commission shall make sure that all financial resources are used in a transparent and efficient way.
Amendment 119 #
2014/0120(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Establishing single-member limited liability companies as subsidiaries in other Member States entails costs due to the diverse legal and administrative requirements which must be met in the Member States concerned. Such divergent requirements continue to exist among Member States and therefore companies might find it costly and difficult to conduct business across borders. The additional financial and administrative burdens and costs related to setting-up companies hamper the full development of business within the internal market.
Amendment 121 #
2014/0120(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In line with the Europe 2020 strategy, the Review of the Small Business Act for Europe18 advocated further progress in making smart regulation a reality, enhancing market access and promoting entrepreneurship, innovation, job creation and inclusive growth. __________________ 18 COM(2011) 78 final, 23.2.2011.
Amendment 122 #
2014/0120(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to foster more entrepreneurship in Europe and to facilitate the cross-border activities of SMEs and the establishment of single- member companies as subsidiaries in other Member States, the costs and administrative burdens involved in setting- up these companies should be reduced and the rules for businesses on the internal market of the Union should be simplified.
Amendment 128 #
2014/0120(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Single-member private limited liability companies formed and operating in compliance with Part 2 of this Directive should add to their names a common, easily identifiable abbreviation – SUP (Societas Unius Personae).
Amendment 130 #
2014/0120(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) To ensure consistency, the rules applicable to private limited liability companies in the Member State of registration of the SUP should apply to SUPs, including Directive 2009/101/EC and Directive 2013/34/EU. This Directive should be without prejudice to any national provisions governing matters outside its scope, such as matters related to labour law, tax law, accounting or insolvency.
Amendment 151 #
2014/0120(COD)
Proposal for a directive
Article 2 – point 5 a (new)
Article 2 – point 5 a (new)
(5a) 'online registration' means a registration procedure fully completed electronically at a distance without requiring the need of a physical presence of the founder before the authorities of the Member State of registration;
Amendment 156 #
2014/0120(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall not hinder SUPs from being single-members in other companies. Member States may establish rules prohibiting SUPs from being single- members in other limited liability companies if this leads to cross or circular ownership.
Amendment 161 #
2014/0120(COD)
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1 a (new)
Article 7 – paragraph 4 – subparagraph 1 a (new)
This Directive is without prejudice to any national laws governing matters outside its scope, such as matters related to labour law, workers' participation in the management or supervisory bodies of companies, and the right to information and consultation, taxation, accounting or insolvency proceedings.
Amendment 165 #
2014/0120(COD)
Proposal for a directive
Article 9 – paragraph 3 – point a a (new)
Article 9 – paragraph 3 – point a a (new)
(aa) it has a single share and a share capital of at least EUR 1;
Amendment 177 #
2014/0120(COD)
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Member States shall ensure that the following templates may be used for on- line registration. The possibility to register an SUP on-line with the uniform template of articles of association shall not preclude the founder from registering on-line with its own bespoke articles of association if national law allows for it.
Amendment 178 #
2014/0120(COD)
Proposal for a directive
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
2b. Member States shall ensure that an SUP may be registered on-line with the uniform template of articles of association. The obligation under Article 11 of Directive 2009/101/EC to have founding instruments drawn up and certified in due legal form shall be considered fulfilled if the founder draws up the founding instruments of SUP using the uniform template.
Amendment 199 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall ensure that the registration procedure for newly incorporated SUPs may be completed electronically in its entirety without it being necessary for the founding member to appearequiring the need of a physical presence of the founder before any authority in the Member State of registration (on-line registration).
Amendment 209 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
5. Member States mayshall lay down rules for verifying the identity of the founding member, and any other person making the registration on the member's behalf, and the acceptability of the documents and other information submitted to the registration body. Any identification issued in another Member State by the authorities of that State or on their behalf, including identification issued electronically, shall be recognised and accepted for the purposes of the verification by the Member State of registrationWithout prejudice to paragraph 3, the process of registration and verification of identification of the founding member and/or a representative that registers the SUP on the member's behalf shall be governed by the applicable national law. Where, for the purposes of the first subparagraph, it is necessary for Member States to have recourse to administrative cooperation between them, they shall apply Regulation (EU) No 1024/2012.
Amendment 216 #
2014/0120(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Recognition of identification means for the purposes of on-line registration 1. For the purposes of on-line registration of an SUP, the registration authorities shall recognise: (a) electronic identification means issued under an electronic identification scheme approved for the purpose of on-line registration of SUPs by the Member State of registration; (b) an electronic identification means issued in another Member State complying with Article 6 of Regulation (EU) No 910/2014. 2. The registration authorities may also recognise other electronic or non- electronic identification means. When non-electronic identification means, issued in the Member State of registration, are recognised by the registration authorities for the purpose of on-line registration, the same type of non- electronic identification issued in other Member States shall be equally recognised. 3. Member States shall ensure that any measures taken to comply with this Article or Article 14 do not affect the possibility of on-line registration referred to in Article 14(3).
Amendment 222 #
2014/0120(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall ensure that the SUP is not subject to rules requiring the company to build up legal reservWithout prejudice to paragraph 1, Member States may require the SUP to build up legal reserves in accordance with the national law applicable to private limited liability companies listed in Annex I. Member States shall ensure that information on such requirements is provided on the national registration web- sites. Member States shall allow companies to build reserves in accordance with their articles of association.
Amendment 229 #
2014/0120(COD)
Proposal for a directive
Article 21 – paragraph 2 – point a a (new)
Article 21 – paragraph 2 – point a a (new)
(aa) mergers and divisions;
Amendment 230 #
2014/0120(COD)
Proposal for a directive
Article 21 – paragraph 2 – point a b (new)
Article 21 – paragraph 2 – point a b (new)
(ab) creation of reserves;
Amendment 240 #
2014/0120(COD)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Member States shall ensure that their national law requires an SUPs to be dissolved or transformed into another form of company if SUPsit ceases to comply with the requirements laid down in this Directive. If an SUP fails to take appropriate steps to convert into another company law form, the competent authority shall be granted the powers necessary to dissolve the SUP.
Amendment 244 #
2014/0120(COD)
Proposal for a directive
Article 30 a (new)
Article 30 a (new)
Article 30a Review By [2 years after the date of transposition of this Directive], the Commission shall review the operation of this Directive, in particular, in the light of the development of the Digital Single Market, as regards options to extend the scope to companies with more than one shareholder, and present a legislative proposal if appropriate.