1834 Amendments of Deirdre CLUNE
Amendment 52 #
2023/2122(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Welcomes its own decision adopted on 13 September 2023, to make amendments to Parliament’s Rules of Procedure with a view to strengthening integrity, independence and accountability; acknowledges that Members of European Parliament should only meet interest representatives in the field of human rights that are registered in the EU Transparency Register;
Amendment 11 #
2023/2075(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
Amendment 92 #
2023/2075(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the increasing burden of NCDs on individuals and societies and the health needs of ageing populations represent challenges to the health systems of the Member States;
Amendment 98 #
2023/2075(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas, according to Article 168 TFEU, the European Union can play a cooperative and complimentary role with regard to healthcare, while health at its core constitutes a national competence;
Amendment 112 #
2023/2075(INI)
Motion for a resolution
Recital E
Recital E
E. whereas most NCDs are impacted by four preventable risk factors: tobacco use, unhealthy diet, lack of physical activity and harmful use of alcohol; whereas behavioural risk factors lead to biological risk factors, the most common being overweight and obesity, high blood pressure, high blood glucose and, high blood cholesterol and dental caries6 ; _________________ 6 World Health Organization, ‘Monitoring noncommunicable disease commitments in Europe 2021’, p. 13, 8 December 2021.
Amendment 119 #
2023/2075(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the development of NCDs and resulting health outcomes are linked to commercial and social determinants of health, which correspond to substantial health inequities within and across EU countries;
Amendment 225 #
2023/2075(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the Healthier together – EU non-communicable diseases (NCD) initiative, Europe’s Beating Cancer Plan, EU4Health work programme and the Commission Communication entitled ‘A comprehensive approach to mental health’; calls on the Commission to strengthen the ‘Healthier together – EU NCD’ initiative by introducing a holistic EU strategy on NCDs complemented by action plans for specific NCDs; welcomes national plans and actions already taken against NCDs by Member States; believes however that a special cardiovascular strategy is needed in the light of cardiovascular disease being the number one cause of death in the Union;
Amendment 237 #
2023/2075(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that the COVID-19 pandemic had serious consequences for the health of patients with NCDs owing to delays and disruptions in diagnostics and treatments; stresses the decreased survival chances, complications and further deterioration of quality of life for patients resulting from delayed access to care;
Amendment 285 #
2023/2075(INI)
Motion for a resolution
Paragraph 5 – introductory part
Paragraph 5 – introductory part
5. Supports the Commission’s proposalsEurope’s Beating Cancer Plan to achieve a Tobacco-Free Generation and reduce tobacco consumption to 5% by 2040 and urges the Commission to review the Tobacco Products Directive11 and, the Tobacco Taxation Directive12 and the proposal to update the Council recommendation of 30 November 2009 on smoke-free environments13 ; calls for a full implementation of the WHO Framework Convention on Tobacco Control; calls on the Commission and the Member States to: _________________ 11 Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products, OJ L 127, 29.4.2014, p. 1. 12 Council Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco, OJ L 176, 5.7.2011, p. 24. 13 OJ C 296, 5.12.2009, p. 4.
Amendment 344 #
2023/2075(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Acknowledges that the harmful use of alcohol is a risk factor for multiple NCDs and underlines that the lower the amount of alcohol consumed, the lower the risk is of developing NCDs14 ; highlights that an estimated 1 million deaths annually are attributable to alcohol consumption in the WHO European Region1a; _________________ 14 Global burden of disease 2016 Alcohol Collaborators, ‘Alcohol use and burden for 195 countries and territories,1990–2016: a systematic analysis for the Global Burden of Disease Study 2016’, 23 August 2018. 1a World Health Organization. (2022). European framework for action on alcohol, 2022–2025. Available at: european-framework-for-action-on- alcohol-2022-2025-cheat-sheet-en.pdf (who.int)
Amendment 533 #
2023/2075(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages the Commission and the Member States to achieve the UN Sustainable Development Goals that target communicable diseases in order to promote the prevention of NCDs such as cancer related to infectious diseases; welcomes vaccination programmes in this regard such as in the fight against human papillomavirus transmission; calls on Member States to consider the uptake of gender-neutral HPV vaccination in adolescents in the fight against HPV transmission;
Amendment 551 #
2023/2075(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Acknowledges that many NCDs have their origins in early childhood and stresses the importance of investing in strategies and programmes that promote children’s healthy growth and development, from infancy and early years;
Amendment 556 #
2023/2075(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Highlights the importance of identifying people with a high risk of developing NCDs and diagnosing people as early as possible to improve disease management, prevent complications and save downstream costs for healthcare systems; calls for the systematic exchange at the European level of best practice regarding screening for and early detection of NCDs, such as prostate and cervical cancer; welcomes the updated Council recommendation on cancer screening and calls on Member States to implement it diligently;
Amendment 560 #
2023/2075(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Highlights the importance of identifying people with a high risk of developing NCDs and diagnosing people as early as possible to improve disease management, prevent complications and save downstream costs for healthcare systems; calls for the implementation of accessible self-management tools, including peer support networks, collaborative care platforms, and mental health services, considering factors like technology access;
Amendment 570 #
2023/2075(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Welcomes the approval of the 2022 Council Recommendations on Cancer Screening Recommendations in Europe, which include comprehensive strategies for earlier detection of breast, cervical, colorectal cancer and extend recommended screenings in Europe for lung, prostate and gastric cancers;
Amendment 603 #
2023/2075(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Highlights the link between oral health, including pariodental disease and caries, and some NCDs, such as diabetes and cardiovascular diseases, and the potential positive effects on NCDs of improved oral health;
Amendment 619 #
2023/2075(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that nurses, doctors, general practitioners, dental practitioners and other primary care professionals have a significant role in referring patients for diagnostic tests and treating NCDs; encourages the Member States to offer inter-professional training to healthcare professionals to better identify high-risk individuals and, treat NCDs and support patients in engaging actively in their treatment;
Amendment 658 #
2023/2075(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that every patient is different and no NCD is the same; calls for NCDs to be prevented and treated as effectively as possible, with a personalised and integrated approach tailored to the patient and the disease;
Amendment 663 #
2023/2075(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Acknowledges the urgency of ensuring a sufficient number of specialised health professionals in NCD care; recommends urgent actions, including a Commission level study on the current status and impacts of the EU’s health workforce shortages and increased investment in its availability measures and mapping exercises at EU level;
Amendment 686 #
2023/2075(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. Urges Member States to provide training to healthcare professionals on the social and environmental determinants of health and on patient therapeutic education, and ensure they have the necessary resources to provide appropriate guidance to their patients; underlines the importance of constant training for health professionals to keep them updated on new treatment options;
Amendment 700 #
2023/2075(INI)
Motion for a resolution
Paragraph 19 e (new)
Paragraph 19 e (new)
19e. Stresses the urgent need to tackle regional disparities in healthcare access, striving for equitable availability of quality NCD management across diverse geographical areas within Member States;
Amendment 704 #
2023/2075(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls that patient empowerment and, health literacy, and treatment adherence are crucial for an EU NCD strategy and that treatment and care should be patient- centred; encourages the promotion of well- informed patients who are actively involved in their own treatment and calls for the therapeutic training of caregivers and patients and their empowerment in the care programmes; underlines the importance of therapeutic adherence, in order to lower hospitalisation and mortality rates as well as optimise the impact of medical investments; encourages Member States to provide healthcare professionals with training regarding patient therapeutic education;
Amendment 708 #
2023/2075(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls that patient empowerment and health literacy are crucial for an EU NCD strategy and that treatment, treatment adherence and care should be patient- centred; encourages the promotion of well- informed patients who are actively involved in their own treatment and calls for the therapeutic training of caregivers and patients and their empowerment in the care programmes;
Amendment 713 #
2023/2075(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes the need to focus on the quality of life of NCD patients whose illnesses cannot be cured but may be stabilised for a number of years; emphasises the importance of specific EU recommendations to improve the quality of life of patients including by integrating comprehensive supportive care into care, starting with the diagnosis and continuing over the course of the disease and by granting access to specialised support centres and tools to encourage persistence with treatments;
Amendment 720 #
2023/2075(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Highlights that patient- centredness and participatory decision- making must be at the heart of treatment and care development processes; encourages the promotion of well- informed patients who are actively involved in their own treatment and calls for the therapeutic education of caregivers and patients and their empowerment in the care programmes;
Amendment 765 #
2023/2075(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission to strengthen support and investment in the development of new innovative medical devices; believes that new technologies can lead to new and better treatments for NCDs; notes the slow uptake of medical devices under the current Medical Devices Regulation and In Vitro Diagnostic Devices Regulation, and welcomes the postponement of application of certain provisions; calls on the Commission to evaluate the specific needs for the pediatric and orphan medical devices sectors, and propose any legislative amendments necessary to ensure the continuous supply for these patient groups;
Amendment 774 #
2023/2075(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission to strengthen support and investment in the development of new innovative medical devices, diagnostics and treatment solutions; believes that new technologies can lead to new and better treatments for NCDs;
Amendment 776 #
2023/2075(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Considers the significant potential of the use of artificial intelligence, ‘big data’ algorithmic analysis and other modern technologies in diagnosis and decision-making for NCDs in the coming years; underlines that the combination of real-world data, mathematical modelling, artificial intelligence and digital tools will significantly help to develop innovative treatments in a more cost-efficient way; urges all implementation partners to be ever mindful of the principles of data privacy and security, trust, transparency, patient centricity and patient involvement at all times;
Amendment 789 #
2023/2075(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Believes that improving knowledge and sharing ofthe sharing of expertise, data, training programmes, communication tools and evidence-based best practices among Member States is needed to accelerate effective prevention measures and innovative practices, and improve the knowledge of NCDs among health professionals, researchers and patients;
Amendment 794 #
2023/2075(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Believes that good quality data and evidence are crucial and that correlating health data with social, economic, and environmental data, and strengthening the equity elements of existing health monitoring systems, such as European Health Data Space, will support the development of evidence-based and targeted policies and interventions for improved health equity;
Amendment 800 #
2023/2075(INI)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25c. Calls on the Member States to implement or improve e-health technologies, telemedicine and telecare services to ensure the continuity of inpatient and outpatient cancer care as well as community care; urges the Commission to deploy Horizon Europe research funding to support the use of telemedicine and to assist with the establishment of evidence-based guidelines; calls for actions to ensure equal access to telemedicine services across the Member States, and for EU4Health and Digital Europe funding to support an increase in digital literacy for patients and healthcare professionals;
Amendment 806 #
2023/2075(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to establish fivprepare EU NCD partnerships: ‘beating NCDs – children’, ‘beating NCDs – young, based on diseases or people, ‘beating NCDs – adults’, ‘beating NCDs – elderly people’ and ‘beating NCDs – vulnerable groups’ulation groups, as appropriate; believes that such partnerships shcould bring together Member States and national authorities to draft roadmaps and innovative proposals to ensure effective and targeted actions against NCDs;
Amendment 817 #
2023/2075(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission to create a European NCD Health Knowledge Centre to improve data collection and research on NCDs; encourages Member States to exchange best practices on prevention, management and care of NCDs in relevant forums; stresses the need for further research in NCD co-morbidities and management;
Amendment 28 #
2023/2019(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Takes note that persistent territorial supply constraints (TSCs) exist in some sectors in the EU such as threatening to stop supplying a particular distributor; limiting the quantities available for sale by Member States; inexplicable differences in product ranges and prices between Member States; and limiting language options for product packaging or differentiation on content of the product and that this may contribute to higher consumer prices; calls on the Commission to undertake a EU-wide stakeholder consultation and assessment to conclusively determine if these TSC's amount to supply-chain restrictions and contribute to product differentiation that is not justified by a regulatory requirement or any other constraint and that these actions are fragmenting the internal market as a result;
Amendment 43 #
2023/2019(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to fully apply and enforce the Geo-blocking Regulation and to act decisively against entities that deprive consumers of all the benefits offered by the single market, also by securing proper enforcement tools, including through a reinforced Consumer Protection Cooperation network; urges the Commission to strengthen equal enforcement and to initiate and follow-up on infringement procedures in order to avoid the fragmentation of the rules; calls on the Commission to facilitate this by assessing the different enforcement measures used to date by the Member States in order to determine which are most proportionate and effective and sharing this as a means of best practice and ensuring a uniform approach by the Member States;
Amendment 44 #
2023/2019(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to fully apply and enforce the Geo-blocking Regulation and to act decisively against entities that deprive consumers of all the benefits offered by the single market, also by securing proper enforcement tools, including through a reinforced Consumer Protection Cooperation network; urges the Commission to strengthen equal enforcement and to initiate and follow-up on infringement procedures in order to avoid the fragmentation of the rules;
Amendment 54 #
2023/2019(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that one third of all complaints received by responding competent authorities were not actually covered by the Regulation, including, among other things, copyright-protected content and insurance services; calls on the Commission to introduce measures to improve awareness surrounding any other applicable legislation and also to identify related failings in the enforcement of other applicable legislation that could inadvertently give rise to complaints or issues relating to this regulation;
Amendment 64 #
2023/2019(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Notes that barriers to accessing websites and goods and services for Cross-border customers still exist; calls on the Commission and Member States to increase efforts at finding solutions that remove barriers related to registration requirements, location or payment methods for consumers;
Amendment 69 #
2023/2019(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 112 #
2023/2019(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Recognises that two Regulations already constitute an exception to territorial exclusivity of the audiovisual sector, such as the portability of a subscription to an online content service across Member States, as provided in Regulation (EU) 2017/1128, and the access to news and current affairs programmes and fully financed own productions of the broadcasting organisation across the European Union, as provided in Directive (EU) 2019/789, for which there was no appropriate evaluation to date; calls on the Commission to undertake a thorough assessment of the implementation of these acts and what measures may be required to improve their functioning;
Amendment 123 #
2023/2019(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls on the Commission and Member States to continue to harmonise relevant legislation, in particular as part of the digital single market strategy in particular in order to reduce risks and costs for traders operating cross-border and incentivise more traders to deliver goods or services cross-border;
Amendment 71 #
2023/0373(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) While the aim is to prevent plastic pellet losses to the environment for all economic operators, EU carriers and non- EU carriers, obligations for micro-, and small and medium-sized enterprises should be adjusted to mitigate the burdeall be exempted from the relevant obligations laid down oin themis regulation.
Amendment 89 #
2023/0373(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Micro and small-sized enterprises, and medium and large-sized enterprises operating installations where plastic pellets in quantities below 12 000 tonnes have been handled should be required to be subject to a self-declaration of conformity. They should also be given sufficient time to demonstrate their compliance.
Amendment 93 #
2023/0373(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Micro, small and medium and small-sized enterprises (SMEs) in the pellet supply chain should comply with the relevant obligations laid down in this Regulation, however they could face proportionally higher costs and difficulties when complying with some of the obligations. The Commission should raise awareness among economic operators and carriers regarding the necessity of preventing pellet losses. Additionally, the Commission should develop training materials to assist them in fulfilling their obligations, particularly with respect to the requirements of the risk assessment. Member States should provide access to information and assistance regarding compliance with obligations and the risk assessment requirements. Regarding the assistance of Member States, this could include technical and financial support as well as specialised training to SMEs. Member States actions should be taken in respect of applicable State aid rulesall be exempted from the relevant obligations laid down in this Regulation.
Amendment 111 #
2023/0373(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) economic operators handling plastic pellets in the Union in quantities above 510 tonnes in the previous calendar year;
Amendment 118 #
2023/0373(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘plastic pellet’ means a small mass of preformed polymer-containing moulding material, having relatively uniform dimensions in a given lot such as cylinder, bead, flake or powder, that is used as feedstock in plastic product manufacturing operations;
Amendment 131 #
2023/0373(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘installation’ means any premises, structure, environmentindustrial site or place within which one or more economic activities involving the handling of plastic pellets are carried out;
Amendment 148 #
2023/0373(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Economic operators, EU carriers and non-EU carriers shall ensure that losses are avoidminimised. Where losses occur, economic operators, EU carriers and non- EU carriers shall take immedappropriate action to clean-up those losses.
Amendment 169 #
2023/0373(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Economic operators shall keep the risk assessment plan up-to-date, taking into account in particular the weaknesses identified through their experience in handling plastic pellets, and shall make it available to competent authorities upon demandjustified request.
Amendment 178 #
2023/0373(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Economic operators that are medium and large-sized enterprises operating installations where plastic pellets in quantities below 1or equal to 2 000 tonnes have been handled in the previous calendar year or that are micro or small-sized enterprises shall notify an update of the risk assessment plan for each installation as well as a renewal of the self-declaration of conformity to the competent authority every 5 years from the last notification.
Amendment 186 #
2023/0373(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Competent authorities shall establish, maintain, and update a register containing the risk assessment plans and self-declarations of conformity notified in accordance with paragraphs 1 and 2 of this Article. The register shall be publicly availmust omit details of the risk assessment plans, especially processes and installations, as far as these details are justifiabley on a websitf commercial relevance.
Amendment 199 #
2023/0373(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – point c
Article 4 – paragraph 7 – subparagraph 1 – point c
(c) keep records of annually estimated quantities of losses and of the total volume of plastic pellets handled.
Amendment 204 #
2023/0373(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 2
Article 4 – paragraph 7 – subparagraph 2
As from sixeighteen months after the publication of the relevant harmonised standard in the Official Journal of the European Union or from the date of application of the implementing act referred to in Article 13(2) of this Regulation economic operators shall estimate the quantities of losses referred to in the first subparagraph, point (c) in accordance with the standardised methodology referred to in Article 13.
Amendment 205 #
2023/0373(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 3
Article 4 – paragraph 7 – subparagraph 3
Economic operators and EU carriers shall retain records referred to in points (b) and(c) of this paragraph for a period of five years and make them available to competent authorities and, where applicable, to certifiers upon demandjustified request.
Amendment 217 #
2023/0373(COD)
Proposal for a regulation
Article 4 – paragraph 9 – introductory part
Article 4 – paragraph 9 – introductory part
9. Every five years economic operators that are not micro or small-sized enterprises and that operate installations where plastic pellets in quantities above 12 000 tonnes have been handled in the previous calendar5 years shall, for each installation, carry out an internal assessment on the state of compliance of the installation with the requirements of the risk assessment plan laid down in Annex I. The internal assessment may among others cover the following subjects:
Amendment 229 #
2023/0373(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. By … [OP: please insert the date = 2436 months after the entry into force of this Regulation], and thereafter every three years, economic operators that are large- sized enterprises shall demonstrate that each installation where plastic pellets in quantities above 12 000 tonnes have been handled in the previous calendar year is compliant with the requirements set out in Annex I, by obtaining a certificate issued by a certifier.
Amendment 233 #
2023/0373(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. By … [OP: please insert the date = 3648 months after the entry into force of this Regulation], and thereafter every four years, economic operators that are medium-sized enterprises shall demonstrate that each installation where plastic pellets in quantities above 12 000 tonnes have been handled in the previous calendar year is compliant with the requirements set out in Annex I, by obtaining a certificate issued by a certifier.
Amendment 237 #
2023/0373(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Certifiers shallmay carry out spot- checks to ensure that all measures included in the risk assessment plan carried out in accordance with Annex I are duly implemented.
Amendment 242 #
2023/0373(COD)
Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 2
Article 5 – paragraph 5 – subparagraph 2
Competent authorities shall establish and maintain and keep up to date a register of certificates. TSuch non-commercially sensitive information from the register shall be made publiclaliy available on a website.
Amendment 258 #
2023/0373(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) the number and results of environmental inspections and other verificationconformity assesment measures carried under paragraph 1 of this Article as well as the number of incidents and accidents reported in accordance with Article 9(1) and the measures taken in case of non- compliance with the obligations set out in this Regulation.
Amendment 288 #
2023/0373(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point a
Article 11 – paragraph 3 – point a
(a) the power of access to any relevant documents, data or information related to an infringement of this Regulation, in any form or format and irrespective of their storage medium, or the place where they are stored, and the power to take or obtain copies thereof;
Amendment 289 #
2023/0373(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point b
Article 11 – paragraph 3 – point b
(b) the power to require any natural or legal person to provide any relevant information, data or documents, in any form or format and irrespective of their storage medium or the place where they are stored, for the purposes of establishing whether an infringement of this Regulation has occurred or is occurring and the details of such infringement;
Amendment 290 #
2023/0373(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point c
Article 11 – paragraph 3 – point c
(c) the power to start an inspection on their own initiative to bring about the cessation or prohibition of infringements which pose a danger to human health or the environment of this Regulation;
Amendment 293 #
2023/0373(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Commission shall develop awareness raising and training material on the sound implementation of the obligations laid down in this Regulation in consultation with representatives of economic operators, carriers, and certifiers, including micro, small and medium-sized enterprises and in collaboration with competent authorities.
Amendment 296 #
2023/0373(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
Member States shall ensure that economic operators and carriers, especially micro, small and medium- sized enterprises, get access to information and assistance regarding compliance with this Regulation.
Amendment 301 #
2023/0373(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3 a. Micro and small-sized enterprises (SMEs) in the pellet supply chain shall be exempted from the relevant obligations laid down in this regulation.
Amendment 305 #
2023/0373(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where no European standardisation organisation accepts the request to draft a harmonised standard or where the Commission considers that the proposed standard does not satisfy the requirements which it aims to cover, the CommissioFor the purposes of compliance with the obligation referred to in Article 4(7), first subparagraph, point (c), the Commission shall request a methodology to estimate quantities of losses to be developed in shall establish the methodology referred to in paragraph 1 by means of an Implementing actrmonised standards in accordance with the procedures established by Regulation (EU) No1025/2012.
Amendment 308 #
2023/0373(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
Amendment 326 #
2023/0373(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 335 #
2023/0373(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point d
Article 17 – paragraph 2 – point d
(d) the specific needs of micro, small and mediumexemptions provided to micro and small-sized enterprises.
Amendment 343 #
2023/0373(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
This Regulation shall apply [OP: please insert the date = 18 months after the entry into force of this Regulation]. However, Article 3(1) shall apply from [OP: please insert the date the date of the entry into force of this Regulation].
Amendment 375 #
2023/0373(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 9 – introductory part
Annex I – paragraph 1 – point 9 – introductory part
(9) in addition to elements described in points (1) to (8), economic operators that are medium or large-sized enterprises and operate installations where plastic pellets in quantities above 12 000 tonnes have been handled in the previous calendar year shall also take the following actions:
Amendment 30 #
2023/0323(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The sector engaged in the production, distribution and retail of slow-moving, cultural products, has a unique organisation within the broader retail landscape; a business model that benefits all involved parties by accounting for the structure of the creative and cultural sectors as keepers of large stocks with unique, slow operating cycles and stock rotation; a business model adapted to the distinctive traits of slow-moving and slow-selling cultural products with intrinsic value, unparalleled in other types of retail.
Amendment 195 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. Nevertheless, longer payment terms may be defined by mutual agreements between the parties which are engaged in the production and retail of slow-moving, cultural products, with unique operating cycles and stock rotation of goods.
Amendment 138 #
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 responsibilities ensuring that the relevant economic operator has complied with the applicable 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. New definitions should also be introduced in relation to the broader scope of the provisions of customs supervision, risk management and customs controls.
Amendment 303 #
2023/0156(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The Commission, the EU Customs Authority and the customs authorities shall use the EU Customs Data Hub when exchanging with the authorities and Union bodies referred to in Article 31(6) to (9) and (11) in accordance with this Regulation. The Commission, the EU Customs Authority and the customs authorities shall use SIENA when exchanging information with Europol.
Amendment 315 #
2023/0156(COD)
Proposal for a regulation
Article 51 – paragraph 5 – point e
Article 51 – paragraph 5 – point e
(e) develop and implement common risk analysis to generate risk signals, risk analysis results and where appropriate, issue control recommendations and other appropriate mitigation measures to the customs authorities, including for the application of the common priority control areas and the common risk criteria and standards established by the Commission and for dealing with crisis situations. The EU Customs Agency may invite Europol to contribute to the risks analysis to establish common priority control areas and common risk criteria and standards, within the limits of Europol’s mandate;
Amendment 316 #
2023/0156(COD)
Proposal for a regulation
Article 51 – paragraph 5 – point f
Article 51 – paragraph 5 – point f
(f) inform OLAF where it identifies or suspects cases of fraud and provide it with all the necessary information related to these cases. Europol shall also be informed within the limits of Europol’s mandate.
Amendment 319 #
2023/0156(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. All risk information, signals, risk analysis results, control recommendations, control decisions and control results, shall be recorded in the operational process to which they relate and in the EU Customs Data Hub, irrespective of whether they were based on national or common risk analysis, or whether they were based on random selection. Customs authorities shall share risk information with each other, with the EU Customs Authority and with the Commission and with Europol, within the limits of Europol’s mandate.
Amendment 378 #
2023/0156(COD)
Proposal for a regulation
Article 208 – paragraph 2 a (new)
Article 208 – paragraph 2 a (new)
2 a. The EU Customs Authority shall support the Commisison and the Member States to supervise more efficiently the implementation of the restrictive measures on the flow of goods that can be adopted by the Council in accordance with Article 215 TFEU, to ensure that those measures are not circumvented.
Amendment 380 #
2023/0156(COD)
Proposal for a regulation
Article 208 – paragraph 3 – point c
Article 208 – paragraph 3 – point c
(c) prepare the minimum common training content for customs officers in the Union and monitor its use by customs authorities including the content for the training referred to in article 25 paragraph 3 (e) which should be harmonised;
Amendment 381 #
2023/0156(COD)
Proposal for a regulation
Article 208 – paragraph 3 – point f
Article 208 – paragraph 3 – point f
(f) facilitate and coordinate research and innovation activities in the customs field, and regularly inform the EU Innovation Hub for Internal Security about its activities;
Amendment 403 #
2023/0156(COD)
Proposal for a regulation
Article 241 – paragraph 1
Article 241 – paragraph 1
1. The EU Customs Authority shall plan, organise and coordinate joint controls that are carried out by customs authorities, where relevant in cooperation with other authorities, bodies and agencies including Europol in accordance with Article 240(9).
Amendment 406 #
2023/0156(COD)
Proposal for a regulation
Article 241 – paragraph 2
Article 241 – paragraph 2
2. For this purpose, the EU Customs Authority shall follow the customs policy priorities and ensure the necessary links and coordination with anti-fraud activities by OLAF and EPPO and EUROPOL and national customs investigations.
Amendment 53 #
2022/0345(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Directive 91/271/EEC sets the legal framework for the collection, treatment and discharge of urban wastewater and the discharge of biodegradable wastewaters from certain industrial sectors. Its objective is to protect the environment from being adversely affected by insufficiently treated urban wastewater discharges. This Directive should continue to pursue the same objective, whilst also contributing to the protection of public health, when for instance urban wastewater is discharged in bathing waters or in water bodies used for the abstraction of drinking water, or when urban wastewater is used as an indicator for parameters relevant for public health. It should also improve access to sanitation and to key information related to the governance of the urban wastewater collection and treatment activities. Finally, this Directive should contribute to the progressive eliminareduction of greenhouse gas (GHG) emissions from urban wastewater collection and treatment activities, notably by further reducing nitrogen emissions but also by promoting energy efficiency and production of renewable energies, and thus should contribute to the 2050 objective of Climate Neutrality established under Regulation (EU) 2021/1119 of the European Parliament and of the Council37. _________________ 37 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 58 #
2022/0345(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Small agglomerations constitute a significant pressure on 11 % of the surface water bodies in the Union39. To better tackle the pollution from such agglomerations, and to prevent discharges of untreated urban wastewater into the environment, the scope of this Directive should include all agglomerations of 1 0500population equivalent (p.e.) and above. _________________ 39 EEA report, European waters: Assessment of status and pressures 2018, No 7/2018.
Amendment 66 #
2022/0345(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In order to ensure effective treatment of urban wastewater before discharge into the environment, all urban wastewaters from agglomerations of 1 0500 p.e. and above should be collected in centralised collecting systems. Where such systems are already in place, Member States should ensure that all sources of urban wastewater are connected to them.
Amendment 70 #
2022/0345(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Exceptionally, where it can be demonstrated that the establishment of a centralised urban wastewater collecting system would produce no environmental benefit or involve excessive costs, Member States should be allowed to use individual systems to treat urban wastewater, as long as they ensure the same level of treatmentenvironmental protection as secondary and tertiary treatment. For this purpose, Member States should establish national registers to identify individual systems used on their territory and take all necessary measures to ensure that the design of such systems is adequate, that the systems are properly maintained and that they are subject to a regular compliance control. In particular, Member States should ensure that individual systems used for the collection and storage of urban wastewater are impervious and leak-proof, and that monitoring and inspection of the systems are carried out at regular and fixed intervals.
Amendment 74 #
2022/0345(COD)
Proposal for a directive
Recital 7
Recital 7
(7) During rainfall, storm water overflows and urban runoff discharges represent a sizeable remaining source of pollution discharged into the environment. Those emissions are expected to increase due to the combined effects of urbanisation and progressive change of the rain regime linked with climate change. Solutions to reduce that source of pollution should be defined at local level taking into account the specific local conditions, including climatic ones. They should be based on an integrated quantitative and qualitative water management in urban areas. In addition, control at source through nature-based solutions should be mainstreamed as a first step to avoid pollution in urban runoff, as well as co- ordination of measures to control the quantity of urban runoff at source. Therefore, Member States should ensure that integrated urban wastewater management plans are established at local level for all agglomerations of 100 000 p.e. and above as those agglomerations are responsible for a significant share of the pollution emitted. Furthermore, integrated urban wastewater management plans should also be put in place for agglomeration of between 10 000 p.e. and 100 000 p.e. where storm water overflows or urban runoff poses a risk for the environment or public health.
Amendment 87 #
2022/0345(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure that the integrated urban wastewater management plans are cost-effective, it is important that they are based on best practices in advanced urban areas. Therefore, the measures to be considered should be based on a thorough analysis of the local conditions and should favour a preventive approach aiming at limiting the collection of unpolluted rain waters and optimising the use of existing infrastructures. With a preference for ‘green’ developments, new grey infrastructures should only be envisaged where absolutely necessary. In order to protect the environment, in particular the coastal and marine environment, and public health from being adversely affected by the discharge of insufficiently treated urban wastewater, secondary treatment should be applied to all discharges of urban wastewater from agglomerations of 1 0500 p.e. and above.
Amendment 105 #
2022/0345(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Recent scientific knowledge underpinning several Commission strategies43highlight the need to take action to address the issue of micro-pollutants, which are now detected in all waters in the Union. Some of those micropollutants are hazardous for public health and the environment even in small quantities. An additional treatment, i.e. quaternary treatment, should therefore be introduced in order to ensure that a large spectrum of micro-pollutants is removed from urban wastewater. Quaternary treatment should first focus on organic micro-pollutants, which represent a significant part of the pollution and for which removal technologies are already designed. The treatment should be imposed based on the precautionary approach combined with a risk-based approach. Therefore, all urban wastewater treatment plants of 100 000 p.e. and above should provide quaternary treatment, as those facilities represent a significant share of micro-pollutant discharges in the environment and the removal of micro-pollutants by urban wastewater treatment plants at such scale is cost-effective. For agglomerations of between 10 000 p.e. and 100 000 p.e., Member States should be required to apply quaternary treatment to areas identified as sensitive to pollution with micro-pollutants based on clear criteria, which should be specified. Such areas should include locations where treated urban wastewater discharge to water bodies result in low dilution ratios, or where the receiving water bodies are used for the production of drinking water or as bathing waters. In order to avoid the requirement of quaternary treatment for agglomerations of between 10 000 p.e. and 100 000 p.e., Member States should be required to demonstrate the absence of risks to the environment or to public health on the basis of a standardised risk assessment. In order to give Member States enough time to plan and deliver the necessary infrastructures, the requirement of quaternary treatment should progressively apply until 20407with clear interim objectives. _________________ 43 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: A European Strategy for Plastics in a Circular Economy (COM/2018/028 final); Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee, European Union Strategic Approach to Pharmaceuticals in the Environment (COM(2019) 128 final); Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Chemicals Strategy for Sustainability Towards a Toxic-Free Environment (COM(2020) 667 final); Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy Planet for All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil' (COM/2021/400 final).
Amendment 106 #
2022/0345(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The quaternary treatment necessary to remove micro-pollutants from urban wastewater will imply additional costs, such as costs related to monitoring and new advanced equipment to be installed in certain urban wastewater treatment plants. In order to cover these additional costs and in accordance with the polluter-pays principle expressed in Article 191(2) of the Treaty on the Functioning of the European Union (TFEU), it is essential that the producers placing on the Union market products containing substances which, at the end of their life, are found as micro- pollutants in urban wastewaters (‘micro- pollutant substances’) take responsibility for the additional treatment required to remove those substances, generated in the context of their professional activities. A system of extended producer responsibility is the most appropriate means to achieve this, as it would limit the financial impact on the taxpayer and water tariff, while providing an incentive to develop greener products. Extended producer responsibility schemes should be implemented before the deadline for compliance with quaternary treatment. Pharmaceuticals and cosmetic residues currently represent the main sources of micro-pollutants found in urban wastewater requiring an additional treatment (quaternary treatment). Therefore, extended producer responsibility should apply to those two product groups. The list of product groups should be adapted, if and as necessary, in the future in line with scientific and technological development, the evolution of the range of products placed on the market and new data from monitoring.
Amendment 129 #
2022/0345(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Exonerations from the extended producer responsibility obligations should nevertheless be possible where products are placed on the market in small quantities, i.e. less than 2 tonnes of products, since the additional administrative burden for the producer would in such cases be disproportionate compared to the environmental benefits. Exonerations should also be possible when the producer can demonstrate that no micro-pollutants are generated at the end of life of a product. It might be the case for instance where it can be proven that the residues from a product are inherently biodegradable or rapidly biodegradable in the wastewaters and the environment or not reaching the urban wastewater treatment plants. The Commission should be empowered to adopt implementing acts to establish detailed criteria to identify the products placed on the market that do not generate micro-pollutants in wastewaters at the end of their life. When developing these criteria, the Commission should take into account scientific or other available technical information, including relevant international standards.
Amendment 155 #
2022/0345(COD)
(16) The evaluation has also shown that the wastewater treatment sector offers the opportunity to significantly reduce its own energy consumption and to produce renewable energy, for example by better use of the available surfaces in urban wastewater treatment plants for solar energy production or by producing biogas from sludge. The evaluation also illustrated that, without clear legal obligations, only partial progress can be expected in this sector. In this context, Member States should be required to ensure that the total annual energy used by all urban wastewater treatment plants on their national territory treating a load of 10 000 p.e. and above does not exceed the production of energy from renewable sources as defined in Article 2(1) of Directive (EU) 2018/2001 of the European Parliament and of the Council44, by those urban wastewater treatment plants. That objective should be progressively met with interim targets by 31 December 20407. Reaching this energy neutrality target will contribute to reduce the avoidable greenhouse gas (GHG) emissions from the sector by 46 %, while supporting the achievement of the 2050 climate neutrality objectives and related national and Union objectives, [such as the objectives set out in Regulation (EU) 2018/842 of the European Parliament and of the Council45. Encouraging EU-based biogas or solar energy production while enhancing energy efficiency measures in line with the Energy Efficiency First principle46, which means taking utmost account of cost-efficient energy efficiency measures in shaping energy policy and making relevant investment decisions, will also help reduce the Union energy dependence, one of the objectives expressed in the Commission "Repower EU" Plan47. It is also in line with Directive (EU) 2018/844 of the European Parliament and of the Council48and with Directive (EU) 2018/2001 in which urban wastewater treatment sites are qualified as ‘go-to' areas for renewables, meaning a location designated as particularly suitable for the installation of plants for the production of energy from renewable sources. In order to reach the objective of energy neutrality via optimal measures for each urban wastewater treatment plant and for the collection system, Member States should ensure that energy audits are carried out in accordance with Article 8 of Directive 2012/27/EU of the European Parliament and of the Council49every four years. Those audits should include an identification of the potential for cost- effective use or production of renewable energy following the criteria set out in Annex VI to Directive 2012/27/EU. _________________ 44 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82). 45 Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26). 46 Commission Recommendation (EU) 2021/1749 of 28 September 2021 on Energy Efficiency First: from principles to practice — Guidelines and examples for its implementation in decision-making in the energy sector and beyond 47 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions: REPowerEU Plan (COM/2022/230 final). 48 Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 2018 amending Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency (OJ L 328, 21.12.2018, p. 210). 49 Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).
Amendment 180 #
2022/0345(COD)
Proposal for a directive
Recital 24
Recital 24
(24) In order to protect the environment and human health, Member States should identify the risks caused by urban wastewaters management. As such, control at source should be promoted to prevent pollution in urban wastewater. On the basis of that identification, and where necessary to comply with the requirements of the Union water legislation, Member States should take more stringent measures for the urban wastewater collection and treatment than the measures required to comply with the minimum requirements set out in this Directive. Depending on the situation, those more stringent measures can include, inter alia, the establishment of collecting systems, the development of integrated urban wastewater management plans or the application of secondary, tertiary or quaternary treatment to urban wastewater for agglomerations or urban wastewater treatment plants that do not reach the p.e. thresholds triggering the application of the standard requirements. They can also include more advanced treatment than the treatment necessary to respect the minimum requirements or disinfection of treated urban wastewaters necessary to comply with Directive 2006/7/EC of the European Parliament and of the Council55. _________________ 55 Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC (OJ L 64, 4.3.2006, p. 37).
Amendment 184 #
2022/0345(COD)
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) Due to the environmental benefits of urban wastewater collection and treatment, Member States should have the possibility to adapt their urban wastewater collection and treatment infrastructures where this is necessary to address increased loads of domestic wastewater.
Amendment 205 #
2022/0345(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In order to reduce administrative burden and better use the possibilities offered by digitalisation, the reporting on the implementation of the Directive should be improved and simplified by removing the obligation for Member States to report every two years to the Commission and for the Commission to publish bi-yearly reports. It should be replaced by a requirement for Member States to improve, with the support of the European Environment Agency (EEA), the existing national standardised data sets established under Directive 91/271/EEC, and to regularly update them. Permanent access to the national databases should be provided to the Commission and the EEA. In order to ensure complete information on the application of this Directive, the data sets should include information on compliance of urban wastewater treatment plants with the treatment requirements (pass/fail, loads and concentration of pollutants discharged), on the level of achievement of the objectives of energy neutrality, on GHG emissions of the treatment plants above 10 000 p.e. and on measures taken by the Member States in the context of storm water overflows/ urban runoff, access to sanitation and treatment by individual systems. Moreover, full coherence with Regulation (EC) 166/2006 of the European Parliament and of the Council65should be ensured to optimise the use of the data, as well as to support full transparency. _________________ 65 Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (Text with EEA relevance) OJ L 33, 4.2.2006, p. 1–17
Amendment 239 #
2022/0345(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on the collection, treatment, and discharge of urban wastewater , to protect the environment and human health while progressively eliminatreducing greenhouse gas emissions to sustainable levels and improving the energy balance of urban wastewater collection and treatment activities. It also lays down rules on access to sanitation, on transparency of the urban wastewater sector and on the regular surveillance of public health relevant parameters in urban wastewaters .
Amendment 256 #
2022/0345(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) 'agglomeration' means an area where the pollution load of urban wastewater is sufficiently concentrated (150 p.e. per hectare or above) in the area of permanent housing for urban wastewater to be collected and conducted to an urban wastewater treatment plant or to a final discharge point;
Amendment 270 #
2022/0345(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) 'storm water overflow’ means discharge of untreated urban wastewater in receiving waters from combined sewers caused by excessive rainfall;
Amendment 286 #
2022/0345(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) 'tertiary treatment' means treatment of urban wastewater by a process which removes nitrogen andor phosphorus from the urban wastewaters depending on receiving water conditions;
Amendment 366 #
2022/0345(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) all their sources of domestic wastewater are connected to the collecting system whereby the connections will provide an environmental benefit.
Amendment 373 #
2022/0345(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. By 31 December 20307, Member States shall ensure that all agglomerations with a p.e. of between 1 0500 and 2 000 comply with the following requirements:
Amendment 378 #
2022/0345(COD)
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) all their sources of domestic wastewater are connected to the collecting system whereby the connections will provide an environmental benefit.
Amendment 390 #
2022/0345(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
Member States shall ensure that individual systems are designed, operated and maintained in a manner that ensures at least the same level of treatment as the secondary and tertiary treatments referred to in Articles 6 and 7 or the standards set under 2000/60/EC.
Amendment 400 #
2022/0345(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with the procedure referred to in Article 27 to supplement this Directive byMember States shall establishing minimum requirements on the design, operation, and maintenance of individual systems and by specifyingshall establish the requirements for the regular inspections referred to in paragraph 2, second subparagraph. The Commission shall provide guidance on the abovementioned minimum requirements on the design, operation, and maintenance of individual systems across Europe.
Amendment 401 #
2022/0345(COD)
Proposal for a directive
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. Member States that use individual systems to treat more than 2 % of the urban wastewater load from agglomerations of 2 000 p.e. and above shall provide the Commission with a detailed justification for the use of individual systems in each of the agglomerations, where there is a risk to the environment or human health from the use of the individual systems in the agglomerations. That justification shall:
Amendment 407 #
2022/0345(COD)
Proposal for a directive
Article 4 – paragraph 4 – point c
Article 4 – paragraph 4 – point c
Amendment 414 #
2022/0345(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. By 31 December 20307, Member States shall ensure that an integrated urban wastewater management plan is established for agglomerations of 100 000 p.e. and above.
Amendment 420 #
2022/0345(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
By 31 December 20325, Member States shall establish a list of agglomerations of between 10 000 p.e. and 100 000 p.e. where, considering historic data and state- of-the-art climate projections, one or more of the following conditions apply:
Amendment 426 #
2022/0345(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point b
Article 5 – paragraph 2 – subparagraph 1 – point b
Amendment 446 #
2022/0345(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. By 31 December 203542, Member States shall ensure that an integrated urban wastewater management plan is established for agglomerations referred to in paragraph 2.
Amendment 467 #
2022/0345(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. For agglomerations of between 1 0500 p.e. and 2 000 p.e., Member States shall ensure that urban wastewater entering collecting systems is subject to secondary treatment, where there is a clear environmental need, in accordance with paragraph 3 or an equivalent treatment before discharge by 31 December 20307.
Amendment 476 #
2022/0345(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
By 31 December 20307, Member States shall ensure that discharges from 50 % of urban wastewater treatment plants treating a load of 100 000 p.e. and above and not applying tertiary treatment on [OP please insert the date = the date of entry into force of this Directive] are subject to tertiary treatment in accordance with paragraph 4 where there is a an environmental need to be adressed.
Amendment 484 #
2022/0345(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
By 31 December 203542, Member States shall ensure that all urban wastewater treatment plants treating a load of 100 000 p.e. and above are subject to tertiary treatment in accordance with paragraph 4 where there is an environmental need to be addressed.
Amendment 497 #
2022/0345(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
By 31 December 20325, Member States shall establish a list of areas on their territory that are sensitive to eutrophication and update that list every five years starting on 31 December 20307.
Amendment 503 #
2022/0345(COD)
Proposal for a directive
Article 7 – paragraph 3 – subparagraph 1
Article 7 – paragraph 3 – subparagraph 1
By 31 December 203542, Member States shall ensure that for 50 % of the agglomerations of between 10 000 p.e. and 100 000 p.e. that are discharging into areas included in the list referred to in paragraph 2 and not applying tertiary treatment on [OP please insert the date = the date of entry into force of this Directive] urban wastewater entering collecting systems is subject to tertiary treatment in accordance with paragraph 4 before discharge into those areas where there is an environmental need to be addressed.
Amendment 515 #
2022/0345(COD)
Proposal for a directive
Article 7 – paragraph 3 – subparagraph 2
Article 7 – paragraph 3 – subparagraph 2
By 31 December 20407, Member States shall ensure that urban wastewater entering collecting systems is subject to tertiary treatment in accordance with paragraph 4 before discharge into areas included in a list referred to in paragraph 2 with regard to all agglomerations of between 10 000 p.e. and 100 000 p.e. where there is an environmental need to be addressed.
Amendment 544 #
2022/0345(COD)
Proposal for a directive
Article 7 – paragraph 5 – point a
Article 7 – paragraph 5 – point a
(a) 82,5 % for total phosphorus and 80 % for total nitrogen by 31 December 203542;
Amendment 553 #
2022/0345(COD)
Proposal for a directive
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
(b) 90 % for total phosphorus and 85 % for total nitrogen by 31 December 20407.
Amendment 560 #
2022/0345(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Discharges from urban waste water wastewater treatment plants of 10 000 p.e. and above into a relevant catchment area of an area sensitive to eutrophication included in a list referred to in paragraph 2 shall also be subject to paragraphs 3, 4 and 5.
Amendment 573 #
2022/0345(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
By 31 December 20307, Member States shall ensure that 50 % of discharges from urban wastewater treatment plants treating a load of 100 000 p.e. and above are subject quaternary treatment in accordance with paragraph 5 where there is an environmental need to be addressed.
Amendment 585 #
2022/0345(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
By 31 December 203542, Member States shall ensure that all urban wastewater treatment plants treating a load of 100 000 p.e. and above are subject to quaternary treatment in accordance with paragraph 5 where there is an environmental need to be addressed.
Amendment 596 #
2022/0345(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
On 31 December 20307, Member States shall haveundertake a risk assessment to established a list a list of areas on their national territory where the concentration or the accumulation of micro-pollutants represents a risk for human health or the environment. Member States shall review that list every five years thereafter and update it if necessary.
Amendment 628 #
2022/0345(COD)
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
By 31 December 203542, Member States shall ensure that for 50 % of the agglomerations of between 10 000 p.e and 100 000 p.e., urban wastewater entering collecting systems is subject to quaternary treatment in accordance with paragraph 5 before discharge into areas included in a list referred to in paragraph 2.
Amendment 632 #
2022/0345(COD)
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
By 31 December 20407, Member States shall ensure that urban wastewater entering collecting systems is subject to quaternary treatment in accordance with paragraph 5 before discharge into areas included in a list referred to in paragraph 2 with regard to all agglomerations of between 10 000 p.e and 100 000 p.e. where there is an environmental need to be addressed.
Amendment 845 #
2022/0345(COD)
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) by 31 December 20325 for urban wastewater treatment plants treating a load of 100 000 p.e. and above and the collecting systems connected to them;
Amendment 853 #
2022/0345(COD)
Proposal for a directive
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) by 31 December 20307 for urban wastewater treatment plants treating a load of between 10 000 p.e. and 100 000 p.e. and the collecting systems connected to them.
Amendment 864 #
2022/0345(COD)
Proposal for a directive
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. Member States shall ensure that the total annual energy from renewable sources, as defined in Article 2(1) of Directive (EU) 2018/2001, producgenerated at national level on- or off-site by urban wastewater treatment plants treating a load of 10 000 p.e. and above by their owners or their operators, or bought from external sources, is equivalent to at least:
Amendment 885 #
2022/0345(COD)
Proposal for a directive
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) 50 % of the total annual energy used by such plants by 31 December 20307;
Amendment 900 #
2022/0345(COD)
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) 75 % of the total annual energy used by such plants by 31 December 203542;
Amendment 912 #
2022/0345(COD)
Proposal for a directive
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
(c) 100 % of the total annual energy used by such plants by 31 December 20407.
Amendment 1003 #
2022/0345(COD)
Proposal for a directive
Article 17 – paragraph 4 – subparagraph 1
Article 17 – paragraph 4 – subparagraph 1
For agglomerations of 100 000 p.e. and above, Member States shall, by 1 January 202530, ensure that antimicrobial resistance is monitored at least twice a year at the inlets and outlets of urban wastewater treatment plants and, when relevant, in the collecting systems.
Amendment 1011 #
2022/0345(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. By [OP please insert the date = the last day of the secondfourth year after the date of entry in force of this Directive], Member States shall identify the risks caused by urban wastewater discharges to the environment and human health and at least those related to the following:
Amendment 1021 #
2022/0345(COD)
Proposal for a directive
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. Where risks have been identified in accordance with paragraph 1, Member States shall adopt appropriate measures to address them, which shallmay include where appropriate the following measures:
Amendment 1025 #
2022/0345(COD)
Proposal for a directive
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) establishing collecting systems in accordance with Article 3 for agglomerations with a p.e. of less than 1 0500;
Amendment 1029 #
2022/0345(COD)
Proposal for a directive
Article 18 – paragraph 2 – point a a (new)
Article 18 – paragraph 2 – point a a (new)
(aa) by way of derogation of subparagraph (a) of paragraph (2), establishing individual systems in accordance with Article 4 for agglomerations with a p.e. of less than 1 000;
Amendment 1034 #
2022/0345(COD)
Proposal for a directive
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) applying secondary treatment in accordance with Article 6 to discharges of urban wastewater from agglomerations with a p.e. of less than 1 0500;
Amendment 1054 #
2022/0345(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
Without prejudice to the principles of subsidiarity and proportionality, whilst taking into account the local, regional and cultural perspectives and circumstances for sanitation, Member States shall take all necessary measures to improve access to sanitation for all, in particular for vulnerable and marginalised groups.
Amendment 1056 #
2022/0345(COD)
Proposal for a directive
Article 19 – paragraph 2 – introductory part
Article 19 – paragraph 2 – introductory part
For that purpose, Member States shall by 31 December 202730:
Amendment 1145 #
2022/0345(COD)
(a) by 31 December 20257, set up a data set containing information collected in accordance with Article 21 including information concerning the parameters referred to in Article 21(1), point (a), and the results of the tests with regard to the pass/fail criteria established in Part D of Annex I and update that data set annually thereafter;
Amendment 1146 #
2022/0345(COD)
Proposal for a directive
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) by 31 December 20257, set up a data set indicating the percentage of urban wastewater which is collected and treated in accordance with Article 3 and update that data set annually thereafter;
Amendment 1147 #
2022/0345(COD)
Proposal for a directive
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
(c) by 31 December 20257, set up a data set containing information on measures taken to implement Article 4(4) and on the percentage of the urban wastewater load from agglomerations above 2 000 p.e. which is treated in individual systems and update that data set annually thereafter;
Amendment 1149 #
2022/0345(COD)
Proposal for a directive
Article 22 – paragraph 1 – point d
Article 22 – paragraph 1 – point d
(d) by 31 December 20257, set up a data set containing information on the number of samples collected and the number of samples taken in accordance with Part D of Annex I that have failed;
Amendment 1157 #
2022/0345(COD)
Proposal for a directive
Article 22 – paragraph 1 – point e
Article 22 – paragraph 1 – point e
(e) by 31 December 20257, set up a data set containing information on green house gas emissions with a breakdown between different gasses and on the total energy used and renewable energy produced by each urban wastewater treatment plant of 10 000 p.e. and above as well as a calculation of the percentage of achievement of the targets set out in Article 11(2) and update that data set annually thereafter;
Amendment 1158 #
2022/0345(COD)
Proposal for a directive
Article 22 – paragraph 1 – point f
Article 22 – paragraph 1 – point f
(f) by 31 December 20257, set up a data set containing information on measures taken in accordance with point 3 of Annex V and update that data set annually thereafter;
Amendment 1159 #
2022/0345(COD)
Proposal for a directive
Article 22 – paragraph 1 – point g
Article 22 – paragraph 1 – point g
(g) by 31 December 20257, set up a data set containing the monitoring results referred to in accordance with Article 17(1) and (4) and update that data set annually thereafter;
Amendment 1160 #
2022/0345(COD)
Proposal for a directive
Article 22 – paragraph 1 – point h
Article 22 – paragraph 1 – point h
(h) by 31 December 20257, set up a data set containing the list of areas identified as sensitive to eutrophication in accordance with Article 7(2) and update that data set every 5 years thereafter;
Amendment 1163 #
2022/0345(COD)
Proposal for a directive
Article 22 – paragraph 1 – point i
Article 22 – paragraph 1 – point i
(i) by 31 December 20302, set up a data set containing the list of areas identified as areas where the concentration or the accumulation of micro-pollutant represents a risk for human health or the environment in accordance with Article 8(2) and update that data set every 5 years thereafter;
Amendment 1164 #
2022/0345(COD)
Proposal for a directive
Article 22 – paragraph 1 – point j
Article 22 – paragraph 1 – point j
(j) by 12 January 202931, set up a data set containing information on measures taken to improve access to sanitation in accordance with Article 19, including information on the share of their population that has access to sanitation and update that data set every 6 years thereafter.
Amendment 1169 #
2022/0345(COD)
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
By [OP please insert date = the last day of the twenty-thirdforty-seventh month after the date of entry into force of this Directive], Member States shall establish a national implementation programme for this Directive.
Amendment 1179 #
2022/0345(COD)
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. By …[OP: please insert the date = the last day of the thirty-fiffifty-ninth month after the date of entry into force of this Directive], Member States shall submit to the Commission their national implementation programmes, except where they demonstrate, based on the monitoring results referred to in Article 21, that they are in compliance with Articles 3 to 8.
Amendment 1183 #
2022/0345(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Member States shall ensure that adequate and up-to-date information on urban wastewater collection and treatment is available to the public online, for agglomerations greater than 1 000 p.e in a user- friendly and customised way, in each agglomeration, 2 years after the date of entry into force of this Directive. The information shall include at least the data listed in Annex VI.
Amendment 1191 #
2022/0345(COD)
Proposal for a directive
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. In addition, Member States shall ensure that all persons connected to collecting systems in agglomerations greater than 1 500 p.e., receive regularly and at least once a year, in the most appropriate form, including on their invoice or by smart applications, without having to request it, the following information:
Amendment 1252 #
2022/0345(COD)
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Where there is a claim for compensation in accordance with paragraph 1, supported by evidence from whicthat allows to establish a causality link may be presumed between the damage and the violation, Member States shall ensure that the onus is on the person responsible for the violation to prove that the violation did not cause or contribute to the damage.
Amendment 1273 #
2022/0345(COD)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 1 – introductory part
Article 30 – paragraph 1 – subparagraph 1 – introductory part
By 31 December 20340 and by 31 December 20450, the Commission shall carry out an evaluation of this Directive based in particular on the following elements:
Amendment 1343 #
2022/0345(COD)
Proposal for a directive
Annex V – point 2 – point a – paragraph 1
Annex V – point 2 – point a – paragraph 1
an indicative objective that storm water overflow, represents no more than 1 % of the annual collected urban wastewater load calculated in dry weather condi specific objective of reduction of pollution from storm water overflows shall be established in the Integrated urban wastewater management plans, according to the local needs of environmental protections;
Amendment 1353 #
2022/0345(COD)
Proposal for a directive
Annex V – point 2 – point a – paragraph 2 – point i
Annex V – point 2 – point a – paragraph 2 – point i
(i) 31 December 203542 for all agglomerations of 100 000 p.e. and above;
Amendment 1355 #
2022/0345(COD)
Proposal for a directive
Annex V – point 2 – point a – paragraph 2 – point ii
Annex V – point 2 – point a – paragraph 2 – point ii
(ii) 31 December 20407 for agglomerations of 10 000 p.e. and above identified in accordance with paragraph 2 of Article 5;
Amendment 1358 #
2022/0345(COD)
Proposal for a directive
Annex V – point 2 – point b
Annex V – point 2 – point b
(b) the progressive eliminareduction of untreated discharges of urban runoff through separate collection networks, unless it can be demonstrated that those discharges do not cause adverse impacts on the quality of receiving waters;
Amendment 89 #
2022/0272(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Products with digital elements classified as high-risk AI systems according to Article 6 of Regulation27 [the AI Regulation] which fall within the scope of this Regulation should comply with the essential requirements set out in this Regulation. When those high-risk AI systems fulfil the essential requirements of this Regulation, they should be deemed compliant with the cybersecurity requirements set out in Article [Article 15] of Regulation [the AI Regulation] in so far as those requirements are covered by the EU declaration of conformity or parts thereof issued under this Regulation. As regards the conformity assessment procedures relating to the essential cybersecurity requirements of a product with digital elements covered by this Regulation and classified as a high-risk AI system, the relevant provisions of Article 43 of Regulation [the AI Regulation] should apply as a rule instead of the respective provisions of this Regulation. However, tThis rule should not result in reducing the necessarycreate a high level of assurance for critical products with digital elements covered by this Regulation. Therefore, by way of derogation from this rule,For high- risk AI systems that fall within the scope of the Regulation [the AI Regulation] and are also qualified as critical products with digital elements pursuant tounder this Regulation and to which the conformity assessment procedure based on internal control referred to in Annex VI of the Regulation [the AI Regulation] applies, should be subject to, the responsible sectoral notified body should be responsible for conducting the conformity assessment provisions ofunder this Regulation in so far as the essential requirements of this Regulation are concerned. In this case, for all the other aspects covered by Regulation [the AI Regulation] the respective provisions on conformity assessment based on internal control set out in Annex VI to Regulation [the AI Regulation] should appland lead the administrative process such that economic operators can address their request for conformity assessment to a single regulatory body. __________________ 27 Regulation [the AI Regulation].
Amendment 165 #
2022/0272(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. For the products and cybersecurity requirements referred to in paragraph 1, the relevant conformity assessment procedure as required by Article [Article 43] ofthe [applicable provisions] Regulation [AI Regulation] shall apply. For the purpose of that assessment, notified bodies which are entitled to control the conformity of the high-risk AI systems under the Regulation [AI Regulation] shall be also entitled to control the conformity of the high-risk AI systems within the scope of this Regulation with the requirements set out in Annex I to this Regulation, provided that the compliance of those notified bodies with the requirements laid down in Article 29 of this Regulation have been assessed in the context of the notification procedure under Regulation [AI Regulation].
Amendment 166 #
2022/0272(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 1 #
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. The action should be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. 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 Due diligence obligations provided for under this Directive should be underpinned by a risk-based approach which takes into account the severity, likelihood and urgency of potential and actual adverse impacts.
Amendment 2 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
Amendment 3 #
2022/0051(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 4 #
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 value chains, companies covered by this Directive should integrate due diligence into corporate policies, identify, prevent and mitigate as well as bring to an end and minimise the extent of potential and actual adverse human rights and environmental impacts, establish and maintain a complaints procedure, monitor the effectiveness of the taken measures in accordance with the requirements that are set up in this Directive and communicate publicly on their due diligence and related information in order to support companies, their subsidiaries and business partners operating in developing countries to identify, prevent and effectively address actual or potential adverse impacts on human rights and environment. 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 5 #
2022/0051(COD)
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27 a) This Directive is aimed at creating a level playing field and is intended to put an end to fragmentation in the internal market. It is crucial to the effectiveness of this Directive that uniform rules apply to businesses in the internal market. Therefore, Member States should not maintain or introduce, in their national law, provisions diverging from those laid down in this Directive.
Amendment 6 #
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. An ‘appropriate measure’ should mean a proportionate measure that is capable of achieving the objectives of risk-based due diligence and is reasonably available to the company, commensurate with the degree of severity and the likelihood of the adverse impact, and reasonably available to the companythe level of the company’s involvement in the potential adverse impacts, 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 influence 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 7 #
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 accordance with a risk-based approach. In order to allow for a comprehensive identification of adverse impacts, such identification should be based on quantitative and qualitative information. For instance, as regards adverse environmental impacts, the company should obtain information about baseline conditions at higher risk sites or facilities in value chains. Identification of adverse impacts should include assessing the human rights, and environmental context in a dynamic way and in regular intervals: prior to a new activity or relationship, prior to major decisions or changes in the operation; in response to or anticipation of changes in the operating environment; and periodically, at least every 12 months, throughout the life of an activity or relationship. Regulated financial undertakings providing loan, credit, or other financial services should identify the adverse impacts only at the inception of the contract. When identifying adverse impacts, companies should also identify and assess the impact of a business relationship’s business model and strategies, including trading, procurement and pricing practices. Where the company cannot prevent, bring to an end or minimize all its adverse impacts at the same time, it should be able to prioritize its action, provided it takes the measures reasonably available to the company, taking into account the specific circumstances.
Amendment 8 #
2022/0051(COD)
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30 a) The risk-based approach for due diligence should allow for a risk-based identification methodology that enables companies to take a proportionate approach to the identification of actual and potential adverse human rights and environmental impacts that takes into account the likelihood, severity and urgency of potential or actual adverse human rights impacts and environmental impacts as well as the nature and context of the operations of the company, including geographic considerations, the extent and type of the risks relating to such potential or adverse impacts and their scale.
Amendment 9 #
2022/0051(COD)
Proposal for a directive
Recital 32
Recital 32
(32) 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 value 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, 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. Companies should engage in a timely manner, efficiently and meaningfully with stakeholders impacted by the decision to suspend or terminate the adverse impacts before reaching that decision, and shall assess any potential adverse impacts that may arise from those actions.
Amendment 10 #
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 or other 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 reasonable, non- discriminatory and 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 11 #
2022/0051(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 12 #
2022/0051(COD)
Proposal for a directive
Recital 37
Recital 37
(37) As regards direct and 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. Companies could assess, at their own initiative, the alignment of these schemes and initiatives with the obligations under this Directive. In order to ensure full information on such initiatives, the Directive should also refer to the possibility 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 and relevant stakeholders, should issue guidance for assessing the fitness of industry schemes and multi- stakeholder initiatives. In addition, the Commission should develop a system for formally recognising industry schemes and multi-stakeholder initiatives. Compliance with recognised industry schemes and multi-stakeholder initiatives shall contribute to ensuring compliance with the due diligence requirements imposed by this Directive. Reliance on industry schemes and multi-stakeholder initiatives shall not absolve the company of its individual responsibility and obligations to perform due diligence in accordance with this Directive.
Amendment 13 #
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 to the greatest extent possible, 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 to the greatest extent possible, 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 14 #
2022/0051(COD)
Proposal for a directive
Recital 40
Recital 40
Amendment 15 #
2022/0051(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Companies should provide the possibility for persons, who are directly affected or have reasonable grounds to believe that they will be directly affected by an adverse impact, and organisations to submit complaints directly to them in case of legitimate concerns regarding actual or potential human rights and environmental adverse impacts. Organisations who could submit such complaints should include trade unions and other workers’ representatives representing individuals working in the value chain concerned and civil society organisations active in the areas related to the value chain concerned where they have knowledge about a potential or actual adverse impact. Companies should establish a procedure for dealing with those complaints and inform relevant stakeholders, including workers, trade unions and other workers’ representatives, where relevant, about such processes. Recourse to the complaints and remediation mechanism should not prevent the complainant from having recourse to judicial remedies. In accordance with international standards, complaints should be entitled to request from the company appropriate follow-up on the complaint and 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. This access should not lead to unreasonable solicitations of companies.
Amendment 16 #
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, in consultation with relevant stakeholders, 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 17 #
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 regards 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 business. This reporting should be accessible and sufficiently detailed to demonstrate the compliance of a company’s due diligence process with this Directive. The Commission should also provide for simplified reporting and identify which companies can avail of such a simplified reporting process.
Amendment 18 #
2022/0051(COD)
Proposal for a directive
Recital 44 a (new)
Recital 44 a (new)
(44 a) Member States should ensure that companies effectively, safely and meaningfully engage with relevant stakeholders when fulfilling their due diligence obligations under this Directive. Such engagement should be proportionate to a company’s capability to carry out such engagement. Such engagement should be interactive, gender-sensitive, responsive and adapted to vulnerable stakeholders, where relevant, and should be taken prior to decisions being taken and on a regular basis. Such engagement should be carried out in a timely, accessible and transparent manner.
Amendment 19 #
2022/0051(COD)
Proposal for a directive
Recital 46
Recital 46
(46) In order to provide support and practical tools to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, using relevant international guidelines and standards as a reference, and 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, should have the possibility to issue guidelines, including for specific sectors or specific adverse impacts, in particular taking into account the needs of SMEs, and should enable financial and administrative assistance. Where relevant, the guidelines shall cover issues related to responsible purchasing; implementation of due diligence in conflict-affected areas, occupation situations, and non-self- governing territories; and responsible disengagement.
Amendment 20 #
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 impacted by its provisions as contractors or subcontractors to the companies which are in the scope. The aim is nevertheless to mitigate 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 SMEs, Member States should set up and operate, either individually or jointly, dedicated websites, portals or platforms, and Member States could also financially support SMEs 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 to 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 SMEsand use fair, reasonable, non- discriminatory and proportionate requirements vis-a-vis the SMEs. Each Member State should ensure that one specific portal which acts as a single point of contact, particularly for the benefit of small and medium-sized undertakings, is established in order to provide companies with guidance and relevant information about how to comply with due diligence obligations arising from this Directive.
Amendment 21 #
2022/0051(COD)
Proposal for a directive
Recital 65
Recital 65
(65) Persons who work for companies subject to due diligence obligations under this Directive or who are in contact with such companies in the context of their work-related activities can play a key role in exposing breaches of the rules of this Directive. They can thus contribute to preventing and deterring such breaches and strengthening the enforcement of this Directive. Directive (EU) 2019/1937 of the European Parliament and of the Council106 should therefore apply to the reporting of all breaches of this Directive and to the protection of persons reporting such breaches. _________________ 106 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of personMember States should ensure that complaints can be submitted in an anonymous and confidential way and that any information published in relation to complaints wsho report breaches of Union law (OJ L 305, 26.11.2019, p. 17)uld be done so in a manner that does not endanger stakeholders’ safety, including by not disclosing their identity.
Amendment 22 #
2022/0051(COD)
Proposal for a directive
Recital 71 a (new)
Recital 71 a (new)
(71 a) The Commission should assess and report whether this Directive should be added to the list of provisions of Union law covered by Annex I of Directive (EU) 2020/1828 of the European Parliament and of the Council, in order to allow consumers to bring representative actions against infringements of the national provisions adopted pursuant to this Directive.
Amendment 23 #
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 ands well as actual and potential environmental adverse impacts, with respect to their own operations, the operations of their subsidiaries, and the value chain operations carried out by entities with whom the company has an established business relationship and
Amendment 24 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
Amendment 25 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. Member States shall not lay down, in their national laws, provisions diverging from those laid down in this Directive, except for Articles 22 and 25.
Amendment 26 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
Amendment 27 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
(g a) ‘risk-based approach’ means a process which permits companies to manage their due diligence activities based on an analysis of relevant activities, taking account the likelihood, severity and urgency of potential or actual adverse human rights impacts and environmental impacts as well as the nature and context of the operations of the company, including geographic considerations, the characteristics of the economic sector and the extent and type of the risks relating to such potential or adverse impacts and their scale;
Amendment 28 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) ‘independent third-party verification’ means verification of the compliance by a company, or parts of its value chain, with human rights and environmental requirements, resulting from the provisions of this Directive by an auditor which is independent from the company, free from any conflicts of interests, has the requisite experience and competence, including in environmental and human rights matters and is accountable for the quality and reliability of the audit;
Amendment 29 #
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, entities, civil society organisations, trade unions, workers representatives or organisations promoting, protecting and defending, human rights and the environment, whose rights or interests are or could be affected by adverse human rights impacts and adverse environmental impacts arising from the products, services and operations of that company, its subsidiaries and its business relationships;
Amendment 30 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) ‘appropriate measure’ means a proportionate measure that is capable of achieving the objectives of risk-based due diligence and is reasonably available to the company and effectively aims to address the adverse impact, commensurate with the degree of severity, the nature, urgency and the likelihood of the adverse impact, and reasonably available to the companythe level of the company’s involvement in the potential adverse impacts, 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.
Amendment 31 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q a (new)
Article 3 – paragraph 1 – point q a (new)
(q a) ‘force majeure’ is an abnormal and unforeseeable event that lies outside the control of and cannot be avoided in spite of the exercise of all due care.
Amendment 32 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) preventing and mitigating potential adverse impacts, with reasonable best efforts, mitigating and bringing actual adverse impacts to an end and minimising their extent in accordance with Articles 7 and 8;
Amendment 33 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) monitoring and assessing the effectiveness of their due diligence policy and measures in accordance with Article 10;
Amendment 34 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
(f) disclosing relevant information and publicly communicating on due diligence in accordance with Article 11.
Amendment 35 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. Member States shall ensure that companies conduct due diligence as laid down in Articles 5 to 11 on the basis of a risk-based approach.
Amendment 36 #
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 corporate policies and have in place a due diligence policy. The due diligence policy shall be proportionate and risk- based and shall contain all of the following:
Amendment 37 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) a description of the company’s approach, including in the short, medium and long term, to due diligence;
Amendment 38 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) a code of conduct describing rules and principles to be followed by the company’s employees and subsidiaries across its own operations;
Amendment 39 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct, which may include tools, methodology, objectives and timeline of such measures, and to extend its application to established business relationships, in accordance with a risk- based approach.
Amendment 40 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
Amendment 41 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the companies review and update their due diligence policy annually or when there are reasonable grounds to believe that significant new occurrences of adverse impacts have arisen.
Amendment 42 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify, in accordance with a risk-based approach, actual and potential adverse human rights impacts and actual and potential adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their value chains, from their established business relationships, in accordance with paragraph 2, 3 and 4.
Amendment 43 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. For the purpose of fulfilling the obligation in paragraph 1, companies may map all areas of their own operations, those of their subsidiaries and those of their business partners and may disclose relevant information on the basis of this mapping. Based on the results of that mapping, companies may carry out an in- depth assessment of the areas where adverse impacts were identified to be most likely to be present or most significant.
Amendment 44 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1 b. Member States shall ensure that in particular for companies operating in one of the sectors referred to in Article 2(1)(b), appropriate measures shall also target the risks that are specific to that sector.
Amendment 45 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. By way of derogation from paragraph 1, companies referred to in Article 2(1), point (b), and Article 2(2), point (b), shall only be required to take appropriate measures to identify actual and potential severe adverse impacts relevant to the respective sector mentioned in Article 2(1), point (b).
Amendment 46 #
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 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 complaints procedure provided for in Article 9. Companies shall, where relevant, also carry out effective and meaningful consultations with potentially affected groups including workers and trade unions and other relevant stakeholders to gather information on actual or potential adverse impacts.
Amendment 47 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. Companies shall establish a prioritisation strategy in the event that they are not in a position to prevent or mitigate all identified adverse impacts or potential adverse impacts simultaneously. Once the most significant impacts have been identified and dealt with, the company shall address less significant impacts. Companies may in that priorisation strategy consider the level of severity, likelihood and urgency of the different adverse impacts on human rights and the environment, the nature and context of the operations of the company, including geographic considerations, the extent and type of the risks including any new or emerging risks, their scale and how irremediable they might be, and if necessary, use the prioritisation policy to address 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 48 #
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 risk-based measures to prevent, or where prevention is not possible or not immediately possible, adequately mitigate potential adverse human rights impacts and adverse environmental impacts, arising from own operations, subsidiaries and business relationships, that have been, or should have been, identified pursuant to Article 6, in accordance with paragraphs 2, 3, 4 and 5 of this Articletaking into account the level of companies’ involvement in the potential adverse impacts.
Amendment 49 #
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 or appropriate measures and qualitative and quantitative indicators for measuring improvement. The prevention action plan shall be developed in consultation with affected stakeholders and may take account of independent reports and information gathered through the complaints mechanisms provided for in Article 9;
Amendment 50 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) seek contractual or other assurances from a business partner with whom it has a direct business relationship that it will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain (contractual cascading). When such contractual assurances are obtained, paragraph 4 shall apply;
Amendment 51 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) make necessary investments, such as into management or production processes, capacity building, joint prevention and mitigation measures and infrastructures, to comply with paragraph 1;
Amendment 52 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point c a (new)
Article 7 – paragraph 2 – point c a (new)
(c a) update business strategies, where necessary, including adequate trading, procurement, purchasing and pricing practices, in order to prevent potential adverse impacts;
Amendment 53 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) provide targeted and proportionate support for an SME, such as loans or financing, with which the company has an established business relationship, wheto ensure compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME;
Amendment 54 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 55 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – introductory part
Article 7 – paragraph 5 – subparagraph 1 – introductory part
As regards potential adverse impacts within the meaning of paragraph 1 that could not be prevented or adequately mitigated by the measures in paragraphs 2, 3 and 4, because mitigation is not possible or acceptable, or there is no reasonable prospect of change, the company shall be required to refrain from entering into new or extending existing relations with the partner in connection with or in the value chain of which the impact has arisen and shall, where the law governing their relations so entitles them to, take the following actions:
Amendment 56 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – point a
Article 7 – paragraph 5 – subparagraph 1 – point a
(a) temporarily suspend commercial relations with the partner in question, while pursuing prevention and minimistigation efforts, if there is reasonable expectation that these efforts will succeed in the short- term;
Amendment 57 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – point b
Article 7 – paragraph 5 – subparagraph 1 – point b
(b) terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe and if the conditions for temporary suspension under point (a), such as mitigation, are not met.
Amendment 58 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 2
Article 7 – paragraph 5 – subparagraph 2
The company shall engage in a timely manner with stakeholders impacted by the decision to suspend or terminate the business relationship before taking such decision, and shall assess the consequences related to the suspension or termination of the relationship and any potential adverse impacts that may arise. Member States shall provide for the availability of an option to suspend or terminate the business relationship in contracts governed by their laws. Companies shall disengage as a last resort only, particular account being taken of the fact that disengagement may exacerbate adverse impacts. By way of derogation from the first sub paragraph, when a force majeure occurs that severely impacts a company’s value chain operations, the company shall not be required to suspend or terminate a business relationship or be prevented from entering new or extending existing business relationships for no longer than 6 months in order to fulfil its contractual obligations towards other trading partners. Companies shall, without delay, take all reasonable measures to ensure the re- organisation of their value chains and find alternative means for the provision of the affected goods or services, in order to be able to comply with the first sub paragraph as quickly as possible.
Amendment 59 #
2022/0051(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7 a Group level due diligence 1. Member States shall ensure that parent companies falling under the scope of this Directive may fulfil the obligations provided for in Articles 5 to 11 and Article 15(1) and (2) on behalf of companies which are their subsidiaries and which fall under the scope of this Directive. 2. A parent company shall only be able to fulfil obligations on behalf of subsidiaries in accordance with the first paragraph if all the following conditions are satisfied: (a) the subsidiary provides all the necessary information to and cooperates with its parent company to fulfil the obligations resulting from this Directive; (b) the subsidiary abides by its parent company's due diligence policy accordingly adapted to ensure that the obligations laid down in Article 5(1) are fulfilled in respect of the subsidiary; (c) the subsidiary integrates due diligence into all its corporate policies in accordance with Article 5. Group level due diligence as set out in this Article shall not absolve the subsidiary of its individual responsibility and obligations to perform due diligence in accordance with this Directive.
Amendment 60 #
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 should have been, identified pursuant to Article 6 to an end, in accordance with paragraphs 2 to 6 of this Article, taking into account the level of companies’ involvement in the actual adverse impacts.
Amendment 61 #
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 minimise the extent of such an impact, while continuing to pursue efforts to bring the adverse impact to an end.
Amendment 62 #
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, which includes measures, with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. The action plan shall be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Where relevant, the corrective action plan shall be developed in consultation withthrough meaningful consultation and engagement with relevant stakeholders;
Amendment 63 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) seek contractual or other assurances from a direct partner with whom it has an established business relationship that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the value chain (contractual cascading). When such contractual assurances are obtained, paragraph 5 shall apply.
Amendment 64 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point d
Article 8 – paragraph 3 – point d
(d) make necessary investments, such as into management or production processes, capacity building, joint prevention and mitigation measures and infrastructures to comply with paragraphs 1, 2 and 3;
Amendment 65 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point d a (new)
Article 8 – paragraph 3 – point d a (new)
(d a) update business strategies, where necessary, including adequate trading, procurement, purchasing and pricing practices, in order to prevent potential adverse impacts;
Amendment 66 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point e
Article 8 – paragraph 3 – point e
(e) provide targeted and proportionate support for an SME with which the company has an established business relationship, where compliance with the code of conduct or the corrective action plan would jeopardise the viability of the SME;
Amendment 67 #
2022/0051(COD)
Amendment 68 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point a
Article 8 – paragraph 6 – subparagraph 1 – point a
(a) temporarily suspend commercial relationships with the partner in question, while pursuing efforts to bring to an end or minimistigate the extent of the adverse impact, or
Amendment 69 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point b
Article 8 – paragraph 6 – subparagraph 1 – point b
(b) terminate the business relationship with respect to the activities concerned, if the adverse impact is considered severe or if the conditions for temporary suspension under point (a), such as mitigation, are not met.
Amendment 70 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 2
Article 8 – paragraph 6 – subparagraph 2
The company shall engage in a timely manner with stakeholders impacted by the decision to suspend or terminate the business relationship before taking such decision, and shall assess the consequences related to the suspension or termination of the relationship and any potential adverse impacts that may arise. Member States shall provide for the availability of an option to suspend or terminate the business relationship in contracts governed by their laws. Companies shall disengage as a last resort only, particular account being taken of the fact that disengagement may exacerbate adverse impacts. By way of derogation from the first sub paragraph, when a force majeure occurs that severely impacts a company’s value chain operations, the company shall not be required to suspend or terminate a business relationship or be prevented from entering new or extending existing business relationships for no longer than 6 months in order to fulfil its contractual obligations towards other trading partners. Companies shall, without delay, take all reasonable measures to ensure the re-organisation of their value chains and find alternative means for the provision of the affected goods or services, in order to be able to comply with the first sub paragraph as quickly as possible.
Amendment 71 #
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 easily submit complaints and early warnings to them where they have legitimate concerns regarding actual or potential adverse human rights impacts and actual and potential adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their value chainsentities with which the company has a business relationship in their value chains. The complaint must be based on objective facts and reasonably documented.
Amendment 72 #
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 complaints mechanism referred to in paragraph 1 is safe, equitable, accessible and transparent and that complaints may be submitted by:
Amendment 73 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) persons who are directly affected or have reasonable grounds to believe that they might bewill be directly affected by an adverse impact,
Amendment 74 #
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 inthroughout the value chain concerned that are affected by an adverse impact or have reasonable grounds to believe that they will be affected by an adverse impact,
Amendment 75 #
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 value chain concerned, concerning persons who are affected or have reasonable grounds to believe that they will be affected by an adverse impact.
Amendment 76 #
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 safe procedure for dealing with complaints referred to in paragraph 1, including a procedure when the company considers the complaint to be unfounded, and inform the relevant stakeholders, including workers and trade unions of those procedures. Member States shall ensure that where the complaint is well-founded, the adverse impact that is the subject matter of the complaint is deemed to be identified within the meaning of Article 6. Member States shall ensure that complaints can be submitted in an anonymous and confidential way. Member States shall ensure that any information published in relation to complaints shall be done so in a manner that does not endanger the stakeholders’ safety, including by not disclosing their identity.
Amendment 77 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
(b) to meetengage 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 78 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b a (new)
Article 9 – paragraph 4 – point b a (new)
(b a) to receive timely and effective information on the steps and actions taken in the context of a specific complaint that has been submitted.
Amendment 79 #
2022/0051(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators, on meaningful engagement with relevant stakeholders and be carried out at least every 12 months and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessmentsFor companies operating in one of the sectors referred to in Article 2(1)(b), the assessments shall also provide detail with regards to the risks that are specific to that sector. The due diligence policy shall be updated in accordance with the outcome of those assessments. Member States shall ensure that companies disclose relevant information on the outcome of these assessments in accordance with Article 11.
Amendment 80 #
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 that meets the requirements of this Directive in a language customary in the sphere of international business, in an accessible and timely manner. This reporting should be accessible, and sufficiently detailed to demonstrate the compliance of a company’s due diligence process with this Directive. The statement shall be published by 30 April each year, covering the previous calendar year.
Amendment 81 #
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 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. , as well as related information in order to support companies, their subsidiaries and business partners operating in developing countries to identify, prevent and effectively address actual or potential adverse impacts on human rights and the environment. The Commission shall ensure that simplified reporting is possible and shall develop procedures for such simplified reporting and identify which companies can avail of a simplified reporting process in line with the risk-based approach, as part of these delegated acts. Companies wishing to avail of the simplified reporting process shall seek approval from the relevant national competent authority.
Amendment 82 #
2022/0051(COD)
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
The Commission may also provide for the conditions under which 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 83 #
2022/0051(COD)
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11 a Stakeholder Engagement Member States shall ensure that companies effectively, safely and meaningfully engage stakeholders when fulfilling their obligations pursuant to Articles 4 to 11. The Commission shall adopt guidelines on stakeholder engagement.
Amendment 84 #
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, industry and relevant 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 impactseneral as well as sector-specific and impact-specific guidelines. In particular, those guidelines shall facilitate compliance of all companies and their business partners that come within the scope of this Directive with the requirements of this Directive. The guidelines shall particularly take into account SMEs’ needs and shall enable administrative and financial assistance. The guidelines shall help companies to fulfil their due diligence obligations in accordance with Articles 6 to 11, by providing guidance on how the requirements under different Union acts could be fulfilled most efficiently, to ensure a level playing field within the Union and ensure consistent implementation of this Directive. These guidelines shall be published before the entry into force of this Directive and be regularly reviewed and updated, taking into account the latest developments in the sectors concerned.
Amendment 85 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall, in order to provide information and support to companies and the partners with whom they have established business relationships in their value chains in their efforts to fulfil the obligations resulting fromcomply with this Directive, set up and operate individually or jointly dedicated websites, platforms or portals. Specific considerationuch information, advice and support shall be given, in that respect, to the SMEs, in particular, that are present in the value chains of companies and tailored to their specific needs.
Amendment 86 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to applicable State aid rules, Member StateMember States may financially support SMEs in order to help them to comply with due diligence requirements. Furthermore, Member States may support stakeholders to exercise their rights under this Directive. This may financially support SMEclude the establishment of dedicated websites, platforms or portals. This paragraph is without prejudice to applicable State Aid rules.
Amendment 87 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Commission mayshall, including in view of ensuring consistency, 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 88 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Companies may rely on industry schemes and multi-stakeholder initiatives to support the implementation of their obligations referred to in Articles 5 to 11 of this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. The Commission and the Member States mayshall facilitate the dissemination of information on such schemes or initiatives and their outcome. The Commission, in collaboration with Member States, may and relevant stakeholders, shall issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives. The Commission shall develop a system for formally recognising industry schemes and multi-stakeholder initiatives. The criteria for assessing the fitness of an industry scheme shall include the inclusion of the perspectives of civil society in audits and the steering of the standards and complaints procedure. Compliance with recognised industry schemes and multi-stakeholder initiatives shall contribute to ensuring compliance with the due diligence requirements under Articles 5 to 11. The Commission shall publish a schedule of recognised industry schemes and multi-stakeholder initiatives no later than one year after the entry into force of this Directive, and shall keep that schedule up to date. Reliance on industry schemes and multi-stakeholder initiatives shall not absolve the company of its individual responsibility and obligations to perform due diligence in accordance with this Directive.
Amendment 89 #
2022/0051(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14 a 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 guidance and obtain further support and information about how best to fulfil their due diligence obligations through this single point of contact. Such information, advice and support shall be practical and tailored to the specific needs of SMEs in particular. 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. 4. The Commission shall coordinate the Member State initiatives referred to in paragraph 1 and shall provide a single portal that is easily accessible in all official languages of the EU. On that portal, the Commission shall also provide appropriate information on the global human rights and environmental situation, focusing on the sectors referred to in Article 2(1)(b) and (2)(b).
Amendment 90 #
2022/0051(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall ensure that each company empowers its authorised representative to receive communications directly and swiftly from supervisory authorities on all matters necessary for compliance with and enforcement of national provisions transposing this Directive. Companies shall be required to provide their authorised representative with the necessary powers and resources to cooperate effectively with supervisory authorities.
Amendment 91 #
2022/0051(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Each Member State shall designate one or more supervisory authorities to supervise compliance with the obligations laid down in national provisions adopted pursuant to Articles 6 to 11 and Article 15(1) and (2) (‘supervisory authority’). One supervisory authority shall serve also as a single point of contact for companies and economic operators in line with Article 14a.
Amendment 92 #
2022/0051(COD)
Proposal for a directive
Article 17 – paragraph 6
Article 17 – paragraph 6
6. By the date indicated in Article 30(1), point (a), Member States shall inform the Commission of the names and contact details of the supervisory authorities and, when applicable, the respective competences of those authorities designated pursuant to this Article, as well as of their respective competence where there are several designated supervisory authorities. They shall inform the Commission of any changes thereto.
Amendment 93 #
2022/0051(COD)
Proposal for a directive
Article 17 – paragraph 7 a (new)
Article 17 – paragraph 7 a (new)
7 a. Member States shall ensure that supervisory authorities have the appropriate knowledge, experience and skills in relation to human rights, business management environment and climate to perform their duties in the context of this Directive and exercise their powers.
Amendment 94 #
2022/0051(COD)
Proposal for a directive
Article 17 – paragraph 7 b (new)
Article 17 – paragraph 7 b (new)
7 b. Member States shall ensure that supervisory authorities publish and make available an annual report detailing relevant activities, future work plan and priorities and, where appropriate, information on sanctions and decisions.
Amendment 95 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. Supervisory authorities shall carry out their activities in line with the principle of proportionality and shall take due account of the risk-based approach to due diligence for companies.
Amendment 96 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 5 – point c
Article 18 – paragraph 5 – point c
(c) to adopt interim measures to avoid the risk of severe andor irreparable harm.
Amendment 97 #
2022/0051(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Member States shall ensure that supervisory authorities assess the substantiated concerns and, where appropriate, exercise their powers as referred to in Article 18. Member States shall ensure that those procedures guarantee the safety of those persons, including by ensuring that concerns and information the disclosure of which could be harmful to the person concerned remain anonymous and confidential.
Amendment 98 #
2022/0051(COD)
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The supervisory authority shall, as soon as possible and in accordance with the relevant provisions of national law and in compliance with Union law, inform the person referred to in paragraph 1 of the result of the assessment of their substantiated concern, of its decisions, and shall provide the reasoning for it.
Amendment 99 #
2022/0051(COD)
Proposal for a directive
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Member States shall ensure that the persons submitting the substantiated concern according to this Article and having, in accordance with national law, a legitimate interest in the matter have access to a court or other independent and impartial public body competent to review the procedural and substantive legality of the decisions, acts or failure to act of the supervisory authority. Member States shall ensure that Supervisory Authorities establish easily accessible channels for receiving substantiated concerns. Such systems should be made available in relevant languages and at no cost. Any such procedure shall be fair, equitable, timely and not prohibitively expensive as well as, where appropriate, provide adequate and effective remedies.
Amendment 100 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall lay down the rules on sanctions applicable to infringements of national provisions adopted pursuant to this Directive, and shall take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive. Member States shall take in due account the exchange of information held within the European Network of Supervisory Authority to ensure that sanctions are harmonised within the Union.
Amendment 101 #
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 company’s efforts to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided pursuant to Articles 7 and 8, possible cumulative effects from other sanctions already imposed on the company as well as collaboration with other entities to address adverse impacts in its value chains, as the case may be.
Amendment 102 #
2022/0051(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
The Commission shall set up a European Network of Supervisory Authorities, composed of representatives of the supervisory authorities. The Network shall facilitate theserve as a platform for cooperation of the supervisory authorities and the coordination and alignment of regulatory, investigative, sanctioning and supervisory practices of the supervisory authorities and, as appropriate, sharing of information among them, as well as disclosing relevant annual activities of the Network. In particular, the Network shall facilitate the development of a harmonised approach on sanctions applicable for infringements of this regulation, including by determining, without prejudice to national criminal law, common range and common criteria for penalties.
Amendment 103 #
2022/0051(COD)
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2 a. Supervisory authorities that are not the single point of contact in a Member State and conduct activities in accordance with this Directive 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 104 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
Amendment 105 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point d a (new)
Article 29 – paragraph 1 – point d a (new)
(d a) whether legislative changes need to be adopted;
Amendment 106 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point d b (new)
Article 29 – paragraph 1 – point d b (new)
(d b) the involvement of stakeholders throughout the relevant due diligence processes;
Amendment 107 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point d c (new)
Article 29 – paragraph 1 – point d c (new)
(d c) the convergence and divergence between Member States in national legislation following the implementation of this Directive;
Amendment 108 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
By ... [3 years after the date of entry into force of this Directive], the Commission shall review the impact of this Directive, including the associated indirect costs and the economic, social and environmental effects thereof, on SMEs and accompanied by an account and assessment of the effectiveness of the different measures and tools for support provided to SMEs by the Commission and Member States.
Amendment 50 #
2021/2229(INL)
Annex to the motion for a legislative resolution
resolution 1. The number of representatives in the European Parliament elected in each Member State for the 2024-2029 parliamentary term is set as follows: Belgium 213 Bulgaria 17 Czech Republic 21 Denmark 15 Germany 96 Estonia 78 Ireland 145 Greece 21 Spain 61 France 7981 Croatia 12 Italy 76 Cyprus 6 Latvia 9 Lithuania 11 Luxembourg 6 Hungary 21 Malta 6 Netherlands 31 Austria 20 Poland 523 Portugal 21 Romania 33 Slovenia 9 Slovakia 15 Finland 15 Sweden 21
Amendment 61 #
2021/2181(INI)
2. Underlines the importance of both the new Neighbourhood, Development and International Cooperation Instrument (NDICI) – Global Europe and the EU Action Plan on Human Rights and Democracy 2020–2024 for this goal; recalls that the use of the rule of qualified majority voting in selected areas within the Council on human rights issues would result in a more effective and proactive EU foreign and security policy, and would strengthen cooperation on matters of key strategic interest for the EU, while reflecting its fundamental values;
Amendment 166 #
2021/2181(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is seriously concerned at the precarious situation of human rights defenders and deplores the fact that they are the victims of increasing violence, including targeted killings; underlines the particularly severe situation, further aggravated by COVID-19, of female, environmental, labour, environmental and indigenous human rights defenders; deplores the increased use of techniques such as harassment, criminalisation and defamation campaigns, arbitrary arrests and unlimited detention in inhumane conditions used to silence human rights defenders, often on the basis of ill-defined terrorism charges; reiterates its call to EU Delegations and Member States’ embassies in third countries to regularly visit activists in prison, monitor their trials and advocate their access to justice and protection; Further calls on the EU and its Member States to develop a strategy for ambitious EU action to address the rising attacks against human rights defenders;
Amendment 185 #
2021/2181(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Denounces the attempts of some regimes and authorities to restrict media freedom; Recalls the need to ensure that media ownership including shareholders is transparent given their role to guarantee media pluralism; Condemns the use of strategic lawsuits against public participation (SLAPP) as a continued practice used to scare journalists into halting investigations into corruption and other matters of public interest in many countries;
Amendment 207 #
2021/2181(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Recalls that the Istanbul Convention, as the first universally binding treaty combatting violence against women and girls and domestic violence, sets the benchmark for international standards that need to be further ratified and implemented;
Amendment 378 #
2021/2181(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Reiterates its call foron the systematicCommission for the inclusion of human rights clauses in all interntrade and associational agreements between the EU and non-EU countries; calls for these clauses to be enforced through clear benchmarks and to be monitored, with the involvement of Parliament, civil society and the relevant international organisations; underlines that the establishment of specific benchmarks could lead the EU to explore the introduction of proportionality into sanctions for non-compliance; underlines that breaches of agreements should trigger clear consequences, including, as a last resort, suspension or the withdrawal of the EU from the agreementbreaches of agreements should trigger clear consequences; recommends the inclusion of monitoring mechanisms on human rights in trade and foreign investment agreements, as well as complaints mechanisms, in order to ensure effective recourse to remedy for affected citizens and local stakeholders;
Amendment 386 #
2021/2181(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Underlines the strong link between trade and human rights and the incentivising role played by access to trade on upholding human rights conditionality for third countries; notes the ongoing review of the GSP+ Regulation, which is an opportunity to further strengthen this link; underlines that access to GSP+ is contingent on progress in the area of human rights and calls for the stricconsideration of a prudent application of conditionality to partner countries includtaking, if warranted, the swift revocation of GSP+ statunto account all potential impacts;
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 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 403 #
2021/0420(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Being the entry and exit points for the land infrastructure of the trans- European transport network, maritime ports play an important role as cross-border multimodal nodes which serve not only as transport hubs, but also as gateways for trade, industrial clusters and energy hubs, for example with regard to the deployment of on-shore and off-shore wind installations.
Amendment 414 #
2021/0420(COD)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46a) Maritime seaports are clean energy hubs of the future and important facilitators of the energy transition across Europe. In their role as energy hubs, maritime seaports play a key role in realising the EU’s climate objectives for 2030 and 2050, as well as the ambitions outlined in the REPowerEU plan.
Amendment 415 #
2021/0420(COD)
Proposal for a regulation
Recital 46 b (new)
Recital 46 b (new)
(46b) Maritime seaports increasingly take up new responsibilities and are involved in new services, such as sustainable energy production, research on the blue economy, and military mobility. In their role as multi-service actors, maritime seaports can substantially contribute to a sustainable, digital and resilient European economy.
Amendment 1124 #
2021/0420(COD)
Proposal for a regulation
Article 24 – paragraph 4 – introductory part
Article 24 – paragraph 4 – introductory part
4. A maritime port shallIn order to be part of the comprehensive network where, a maritime port shall meet at least one of the following conditions is met:
Amendment 1141 #
2021/0420(COD)
Proposal for a regulation
Article 24 – paragraph 4 a (new)
Article 24 – paragraph 4 a (new)
4a. It is considered by its Member State as a critical node for the supply of renewable energy in the EU and is considered to be instrumental to reach the ambitions of REPowerEU.
Amendment 1146 #
2021/0420(COD)
Proposal for a regulation
Article 24 – paragraph 4 b (new)
Article 24 – paragraph 4 b (new)
4b. The total annual wind energy volume, derived from both onshore and offshore wind, imported through the maritime port exceeds 0.1% of the total annual wind energy deployed by the Union. The reference amount for this volume is the latest available five-year average, based on the statistics published by Eurostat.
Amendment 11 #
2021/0340(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) At the seventh meeting of the Conference of the Parties to the Convention, held from 4 to 15 May 2015, it was agreed to include pentachlorophenol, its salts and esters (‘pentachlorophenol’) in Annex A to the Convention. At the ninth meeting of the Conference of the Parties to the Convention, held from 29 April to 10 May 2019, it was agreed to include dicofol as well as perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds in Annex A to the Convention. In view of those amendments to the Convention and to ensure that waste containing those substances is managed in accordance with the provisions of the Convention, it is necessary to also amend Annexes IV and V to Regulation (EU) 2019/1021 by including pentachlorophenol, dicofol and perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds in the Annexes and also indicating their corresponding concentration limits.
Amendment 12 #
2021/0340(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Pentachlorophenol had been previously listed in Annexes IV and V to Regulation (EC) No 850/2004 of the European Parliament and of the Council23 by Commission Regulation (EU) 2019/63624 , with an Annex IV value of 100 mg/kg and an Annex V value of 1 000 mg/kg. Regulation (EC) No 850/2004 was repealed by Regulation (EU) 2019/1021, but pentachlorophenol was unintentionally omitted from that Regulation. It is therefore necessary to amend Annexes IV and V to Regulation (EU) 2019/1021 to now include pentachlorophenol. _________________ 23 Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC (OJ L 158, 30.4.2004, p. 7). 24 Commission Regulation (EU) 2019/636 of 23 April 2019 amending Annexes IV and V to Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants (OJ L 109, 24.4.2019, p. 6).
Amendment 13 #
2021/0340(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Annexes IV and V to Regulation (EU) 2019/1021 already contain concentration limits for the following substances or substance groups: a) the sum of the concentrations of tetrabromodiphenyl ether, pentabromodiphenyl ether, hexabromodiphenyl ether, heptabromodiphenyl ether and decabromodiphenyl ether (with the exception of the latter, which is not listed in Annex V to that Regulation); b) Hexabromocyclododecane; c) Alkanes C10-C13, chloro (short-chain chlorinated paraffins) (SCCPs); and d) Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF). Pursuant to Article 15(2) of Regulation (EU) 2019/1021, it is appropriate to amend the concentration limits in Annex IV for those substances to adapt their limit values according to scientific and technical progress. To be consistent with the list of polybrominated diphenyl ethers (PBDEs) listed in Annex IV to Regulation (EU) 2019/1021, the substance decabromodiphenyl ether should be included among the PBDEs listed in the third column of Annex V to that Regulation.
Amendment 17 #
2021/0340(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The proposed concentration limits in Annexes IV and V to Regulation (EU) 2019/1021 have been set applying the same methodology that was used to establish the concentration limits in previous amendments of Annexes IV and V to Regulation (EC) No 850/2004. The proposed concentration limits should achieve the objective of a high level of protection of human health and the environment associated to the destruction or irreversible transformation of the substances concerned. Those limits should also take into consideration the broader policy objective of achieving a climate- neutral and circular economy, enshrined in the European Green Dealincreasing recycling and reducing Green House Gas (GHG) emissions as enshrined in the European Green Deal's ambitions related to toxic-free material cycles26 . _________________ 26 COM(2019) 640 final
Amendment 21 #
2021/0340(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) As such limits in Annex IV and Annex V do not determine whether secondary materials recovered from waste can be placed on the market. This is regulated by conditions and limits fixed for some POP substances in Annex I of the Regulation. These are out of the scope of the current proposal.
Amendment 31 #
2021/0340(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point a – table
Annex I – paragraph 1 – point 1 – point a – table
Regulation (EU) 2019/1021
Annex IV – table
Annex IV – table
Amendment 36 #
2021/0340(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point b – table
Annex I – paragraph 1 – point 1 – point b – table
Regulation (EU) 2019/1021
Annex IV – table
Annex IV – table
‘Alkanes C10-C13, 85535-84-8 287-476-5 1 500 mg/kg’ chloro (short-chain chlorinated paraffins) (SCCPs) The Commission chlorinated shall review that paraffins) (SCCPs) Concentration limit and shall, where appropriate and in accordance with the Treaties, adopt a legislative proposal to lower that value [OP, please introduce the date of 5 years after the date of entry into force of this Regulation].
Amendment 41 #
2021/0340(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point c – table
Annex I – paragraph 1 – point 1 – point c – table
Regulation (EU) 2019/1021
Annex IV – table
Annex IV – table
Amendment 46 #
2021/0340(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point d – table
Annex I – paragraph 1 – point 1 – point d – table
Regulation (EU) 2019/1021
Annex IV – table
Annex IV – table
‘Polychlorinate 5 µ g/kg (2) d dibenzo-p- dioxins and dibenzofurans (PCDD/PCDF) and dioxin-like polychlorinated biphenyls (dl- PCBs) _ The Commission dioxins and shall review that dibenzofurans Concentration (PCDD/PCDF) limit and shall, and dioxin-like where polychlorinated appropriate and biphenyls (dl- in accordance PCBs) with the Treaties, adopt a legislative proposal to lower that value [OP, please introduce the date of 5 years after the date of entry into force of this Regulation]. _______________ (2) The limit is calculated as the sum of PCDD, PCDF and dl-PCBs according to the toxic equivalency factors (TEFs) set out in Part 2, in the third subparagraph, in the table, of Annex V.’
Amendment 50 #
2021/0340(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point e – table
Annex I – paragraph 1 – point 1 – point e – table
Regulation (EU) 2019/1021
Annex IV – table
Annex IV – table
‘Hexabromocyc 25637-99-4, 3194- 247-148-4 221- 500 mg/kg lododecane(4) 55-6, 134237-50-6, 695-9 134237-51-7, 134237-52-8 The Commission 134237-51-7, shall review that 134237-52-8 Concentration limit and shall, where appropriate and in accordance with the Treaties, adopt a legislative proposal to lower that value [OP, please introduce the date of 5 years after the date of entry into force of this Regulation].
Amendment 370 #
2021/0214(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The goods under this Regulation should be selected after a careful analysis of their relevance in terms of cumulated GHG emissions and risk of carbon leakage in the corresponding EU ETS sectors while limiting complexity and administrative burden. In particular, the actual selection should take into account basic materials and basic products covered by the EU ETS with the objective of ensuring that imports of energy intensive products into the Union are on equal footing with EU products in terms of EU ETS carbon pricing, and to mitigate risks of carbon leakage. Other relevant criteria to narrow the selection should be: firstly, relevance of sectors in terms of emissions, namely whether the sector is one of the largest aggregate emitters of GHG emissions; secondly, sector’s exposure to significant risk of carbon leakage, as defined pursuant to Directive 2003/87/EC; thirdly, the need to balance broad coverage in terms of GHG emissions while limiting complexity and administrative effort. Attention should also be paid to the risk of market distortions between the different sectors covered by the CBAM.
Amendment 388 #
2021/0214(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) However, aluminium products should be included in the CBAM as they are highly exposed to carbon leakage. Moreover, in several industrial applications they are in direct competition with steel products because of characteristics closely resembling those of steel products. Inclusion of aluminium is also relevant as the scope of the CBAM may be extended to cover also indirect emissions in the future. A specific benchmark for alumina product shall be needed to assess the reality of the value chain and ensure EU strategic autonomy for raw materials. Indirect emissions coming from raw material extraction and transformation should not be taken into account in embedded emissions calculation so that it does not compete unfairly with secondary materials.
Amendment 468 #
2021/0214(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the transitional period and report to the European Parliament and the Council. The report of the Commission should in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission should, as part of that evaluation, initiate collection of information necessary to possibly extend the scope to indirect emissions, as well as to other goods and services at risk of carbon leakage, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . With regard to indirect emissions, the evaluation shall take into account the exposure of Union producers to carbon costs passed on in electricity prices due to the functioning of the EU energy market. __________________ 47Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
Amendment 499 #
2021/0214(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) The Commission should strive to engage in an even handed manner and in line with the international obligations of the EU, with the third countries whose trade to the EU is affected by this Regulation, to explore possibilities for dialogue and cooperation with regard to the implementation of specific elements of the Mechanism set out this Regulation and related implementing acts. The Commission shall pay specific attention to developing countries and least-developed countries. It should also explore possibilities for concluding agreements to take into account their carbon pricing mechanism provided that they deliver equivalent GHG emissions reductions and carbon costs constraints.
Amendment 685 #
2021/0214(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The applicant may at any time modify or withdraw its application.
Amendment 851 #
2021/0214(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The central administrator shall carry out risk-based controls on transactions recorded in national registries through an independent transaction log to ensure that there are no irregularities in the calculation, purchase, holding, surrender, re-purchase and cancellation of CBAM certificates.
Amendment 872 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) the declarant demonstrates its financial and operational capacity to fulfil its obligations under this Regulation. In its annual report in accordance to Article 30 paragraph 3, the Commission shall assess the impact of this criteria on SMEs and micro-enterprises.
Amendment 309 #
2021/0211(COD)
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) A temporary Carbon Leakage Protection Reserve should be established, linked to an annual review mechanism to assess the entry into force and effective implementation of the Carbon Border Adjustment Mechanism. Each year, the free allocation no longer provided to the CBAM sectors, based on the free allocation phase-out calculation, should be moved into a temporary reserve. By 28 February of the following year, the Commission should assess and report on the entry into force of the CBAM and its effectiveness during the preceding year, namely whether it ensured an equivalent level of carbon leakage protection. Where the assessment is positive, the allowances in the reserve from the preceding year should automatically be auctioned and the revenues should accrue to the Innovation Fund. Where the assessment is negative, the allowances in the reserve from the preceding year should automatically be released back to industry to fill the carbon leakage protection gap. This should limit any possible gaps in carbon leakage protection should they arise, while avoiding double protection. The temporary reserve should be allocated to Member States to finance the transition to zero carbon, taking into account their geographic realities for renewable energy development and the presence on their territory of energy intensive industries critical to strategic autonomy.
Amendment 357 #
2021/0211(COD)
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) So far only around 8 % (about EUR 52 billion) of support under the national Recovery and Resilience Plans is allocated to industry and to support industry in the climate transition. In order to ensure that the introduction of the new own resource based on 25 % of the revenue of the strengthened EU ETS for the stationary, aviation and maritime sectors contributes not only to the repayment of NextGenerationEU debts, but also to the Union’s climate mainstreaming objectives as required by the Interinstitutional Agreement of 16 December 2020, Member States should significantly increase their share of the Recovery and Resilience Plans dedicated to support industry in the climate transition.
Amendment 363 #
2021/0211(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Carbon Contracts for Difference (CCDs) are an important element to trigger emission reductions in industry, offering the opportunity to guarantee investors in innovative climate-friendly technologies a price that rewards CO2 emission reductions above those induced by the current price levels in the EU ETS. The range of measures that the Innovation Fund can support should be extended to provide support to projects through price- competitive tendering, such as CCDs. CCDs will be an important mechanism to support the development of decarbonisation technologies such as CCS and CCU and optimises the use of available resources. The Commission should be empowered to adopt delegated acts on the precise rules for this type of support.
Amendment 412 #
2021/0211(COD)
Proposal for a directive
Recital 42 a (new)
Recital 42 a (new)
(42a) The increasing energy prices are a big concern for citizens, especially low- income families, and industry, especially SMEs. The main cause of rising energy prices is our dependency on fossil fuel imports. That is why the Fit for 55 Package will, in the future, avoid such constraints. In addition to that, the EU ETS should also be better designed to mitigate the minor part of the problem that is linked to the volatility of EU ETS market prices.
Amendment 975 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point ii
Article 1 – paragraph 1 – point 12 – point a – point ii
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
Article 10a – paragraph 1 – subparagraph 3
In order to provide further incentives for reducing greenhouse gas emissions and improving energy efficiency, the determined Union-wide ex-ante benchmarks shall be reviewed before the period from 2026 to 2030 in view of potentially modifying the definitions and system boundaries of existing product benchmarks.; The benchmark values resulting from that review shall be published as soon as the necessary information becomes available, in order for the updates to apply as of 2026. The revision of the product benchmarks should lead to the creation of a specific benchmark for alumina used for the production of aluminium. Considering the key role of the alumina sector as regards EU strategic autonomy for raw materials and the carbon intensity of the production despite the technological progress made to decarbonise the sector, free allowances allocated to alumina should be calculated in a separate product benchmark to prevent carbon leakage.;
Amendment 1198 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EU
Article 10a – paragraph 8 – subparagraph 3 a (new)
Article 10a – paragraph 8 – subparagraph 3 a (new)
The Innovation Fund may also support Carbon Contracts for Difference (CCDs) to support decarbonisation technologies like CCS and CCU for which the carbon price might not be a sufficient incentive. The Commission shall adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the rules on the operation of the CCDs by the 31 December 2023.
Amendment 1341 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e
Article 1 – paragraph 1 – point 15 – point e
An obligation to surrender allowances shall not arise in respect of emissions of greenhouse gases which are considered to have been captured and utilised to become permanently chemically bound in a product so that they do not enter the atmosphere under normal use and disposal.
Amendment 130 #
2021/0207(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) To ensure that CORSIA leads to a single global reduction scheme for tackling carbon emissions from aviation by the second and mandatory phase of the ICAO scheme in 2027, the Union has consistently argued in support of robust implementing rules and governance and adequate participation in CORSIA’s voluntary and mandatory phases. In the event that the ICAO global market-based measure is insufficient to achieve the Union’s climate objectives and commitments under the Paris Agreement, other carbon mitigation options should be put in place, such as the extension of the EU ETS for aviation to all flights departing the EEA.
Amendment 157 #
2021/0207(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) All of the revenues generated by the auctioning of allowances for the aviation sector of the Innovation Fund should support innovation in the aviation sector, in proportion to the payment by companies for the auctioning of allowances. In particular, the Innovation Fund should support projects related to the development and implementation of new technologies and designs aiming to reduce greenhouse gas emissions from the aviation sector, particularly in the areas of clean and sustainable aviation fuels and operational, aeronautics, airframe and engine innovation.
Amendment 254 #
2021/0207(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 2 a (new)
Article 10 a – paragraph 8 – subparagraph 2 a (new)
(4a) In Article 10a(8), the following subparagraph is inserted after the second subparagraph: ‘All the revenues generated by the auctioning of allowances for the aviation sector, of the Innovation Fund shall be earmarked for projects to support innovation and new technologies in the aviation sector, in particular those related to operational, aeronautics, airframe and engine innovation, and clean and sustainable aviation fuels, to reduce greenhouse gas emissions. Revenues shall be proportionally allocated to aircraft operators in line with each company contribution to the Innovation Fund. Member States shall publish in an accessible fashion all information related to projects financed through from EU ETS from aviation and provide estimates of carbon savings as a result of the funding. Resources from the Innovation Fund shall be allocated to scale up SAF, and to reduce the cost of supplying SAF to Union airports, where the difference between the average cost of SAF and the real cost of SAF supplied in site is more than the difference between the average cost of jet fuel and the real cost of jet fuel supplied in site’;
Amendment 108 #
2021/0201(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In Regulation (EU) 2021/1119 of the European Parliament and of the Council30 , the Union has enshrined the target of economy-wide climate neutrality by 2050 in legislation. That Regulation also establishes a binding Union commitment to reduce net greenhouse gas emissions (emissions after deduction of removals) by at least 55 % below 1990 levels by 2030. All sectors of the economy are expected to contribute to achieving that target, including the land use, land use change and forestry sectorwith the highest priority being the reduction of fossil emissions. As regards the land use, land use change and forestry (LULUCF) sector, it can contribute to climate change mitigation in several ways, in particular by reducing emissions, maintaining and enhancing sinks and carbon stocks, replacing fossil fuels with renewable energy from biomass and by harnessing the removal potential of organic materials from sustainable forestry management and their potential as a substitute for fossil fuels, taking into account the entire life cycle of those materials, from production to the processing and manufacturing stages. The bioeconomy, bioenergy, sustained investment in research and innovation are indispensable on the path towards a fossil-free and green economy. The contribution of net removals to the 2030 Union climate target is limited to 225 million tonnes of CO2 equivalent. In the context of Regulation (EU) 2021/1119, the Commission reaffirmed in a corresponding statement its intention to propose a revision of Regulation (EU) 2018/841 of the European Parliament and of the Council31 , in line with the ambition to increase net carbon removals to levels above 300 million tonnes of CO2 equivalent in the land use, land use change and forestry sector by 2030. __________________ 30Regulation (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).’. 31 Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1).
Amendment 123 #
2021/0201(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to contribute to the increased ambition to reduce greenhouse gas net emissions from at least 40 % to at least 55 % below 1990 levels, binding annual targets for net greenhouse gas removals should be set out for each Member State in the land use, land use change and forestry sector in the period from 2026 to 2030 (in analogy to the annual emission allocations set out in Regulation (EU) 2018/842 of the European Parliament and of the Council32 ), resulting in a target of 310 millions of tonnes CO2 equivalent of net removals for the Union as a whole in 2030equivalent to a 15 % increase in average greenhouse gas emissions and removals from the years 2018, 2019 and 2020 of net removals for the Union as a whole in 2030 and should take into account the most recent developments. The target for 2030 should promote and strengthen sustainable forest management which allows for the adaptation of forests to climate change in the long term, promotion of high substitution effects through the bioeconomy, an increase in sinks and the creation of carbon storage products including all relevant bio-based product categories that have a carbon sequestration effect. The methodology used to establish the national targets for 2030 should take into account the average greenhouse gas emissions and removals from the years 20168, 20179 and 201820, reported by each Member State, and reflect the current mitigation performance of the land use, land use change and forestry sector, and each Member State’s share of the managed land area in the Union, taking into account the capacity of that Member State to improve its performance in the sector via land management practices or changes in land use that benefit the climate and biodiversity. __________________ 32Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).
Amendment 148 #
2021/0201(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The progress towards the 2030 target should be reviewed and, if necessary, adapted in 2025 and 2027.
Amendment 150 #
2021/0201(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) Regulation 2018/841 will remain an accounting tool setting the overall ambitions and accounting rules in line with the Union Climate Law and the IPCC principles. Any conditions or measures for achieving the targets in land use and forestry sectors are already set in existing regulations or will be discussed in upcoming proposals, always reflecting the subsidiarity principle.
Amendment 177 #
2021/0201(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The Commission should review the current system of reporting CO2 and non- CO2 greenhouse gas emissions within one reporting scheme before any new legislative proposal in that area is submitted. That review should reflect the difference between short lifecycle gases, such as methane, and long life cycle gases, such as carbon dioxide that remain in the atmosphere for more than 1000 years. The cyclical nature of biogenic methane emissions also needs to be considered within the reporting framework and how biogenic methane emissions differ from mined fossil methane.
Amendment 192 #
2021/0201(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The land sector has the potential to become rapidly climate-move towards carbon neutrality by 2035 in a cost-effective manner,through carbon removals and subsequently generate more greenhouse gas removals than emissions. A collective commitment aiming to achieve climate- neutrality in the land sector in 2035 at EU level can provide the needed planning certainty to drive land- based mitigation action in the short term, considering that it can take many years for such action to deliver the desired mitigation outcomes. Moreover, the land sector is projected to become the largest sector in the EU greenhouse gas flux profile in 2050. It is therefore particularly important to anchor that sector to a trajectory that can effectively deliver net zero greenhouse gas emissions by 2050. By mid-2024, the Member States should submit their updated integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999 of the European Parliament and of the Council34 . The plans should include relevant measures by which each Member State best contributes to the collective target of climate neutrality in the land sector at EU level in 2035. On the basis of these plans, the Commission should propose national targets, ensurassess the aim of climate neutrality in the land sector in 2035 in light of the objectives laid down in Article 39 TFEU, the Union bioeconomy and the substitution of fossil fuels. Nevertheless, the first objective of Union agriculture should remain the production of high-quality and sustainable products. If deemed feasible, the Commission should then make recommendations for national and Union measures aiming towards net zero greenhouse gas emissions in 2035, meaning that the Union-wide greenhouse gas emissions and removals in the land use, land use change and forestry sector and the emissions from the agriculture non-CO2 sectors are at least balanced by 2035. Contrary to the EU lthat year. Contributions to achievel target of climate neutrality for the land sector by 2035, such national targets will be binding and enforceable on eachhat aim should be fairly distributed among sectors and Member States. __________________ 34Regulation (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 212 #
2021/0201(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The accounting rules set out in Articles 6, 7, 8 and 10 of Regulation (EU) 2018/841 were designed to determine the extent to which mitigation performance in the land use, land use change and forestry sector could contribute to the 2030 EU target for reduction of greenhouse gas net emissions of 40 %, which did not include the land use, land use change and forestry sector. In order to simplify the regulatory framework for that sector, the current accounting rules should not apply after 2025, unless duly justified via a derogation and the compliance with national targets of the Member States should be verified on the basis of reported greenhouse gas emissions and removals. This ensures methodological consistency with Directive 2003/87/EC of the European Parliament and of the Council35 , Regulation (EU) 2018/842 of the European Parliament and of the Council36 , and the determination of the new target for reduction of greenhouse gas net emissions of at least 55 %, which also includes the land use, land use change and forestry sector). __________________ 35Directive 2003/87/EC of the European Parliament and of the Councils of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading with the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32) as amended by Directive (EU) 2018/410 of the European Parliament and of the Council of 14 March 2018 amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments, and Decision (EU) 2015/1814 (OJ L 76, 19.3.2018, p. 3). 36Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).
Amendment 215 #
2021/0201(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Considering the special circumstances of certain Member States, principally historical issues related to forestry, including forestry on organic soils and lower planting levels in recent times a derogation should be in place for such Member States to continue the application of the current accounting rules until 2030, from which point the compliance with national targets of the Member States should be verified on the basis of reported greenhouse gas emission and removals;
Amendment 234 #
2021/0201(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
Amendment 254 #
2021/0201(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Considering that sustainable forest management enhances carbon sequestration and counters forest ageing, forest degradation and natural disasters, which are among the factors contributing to the decreasing carbon removals in the land sector in recent years, this Regulation should encourage sustainable forest management practices which contribute to climate mitigation and adaptation, as outlined in the EU Forest Strategy for 20301a. __________________ 1a Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - New EU Forest Strategy for 2030 (COM/2021/572final).
Amendment 283 #
2021/0201(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In view of setting out the net greenhouse gas removals targets for the Member States for the period from 2026 to 2030, the Commission should exercise a comprehensive review to verify the greenhouse gas inventory data for the years 2021, 2022 and 2023. For this purpose, a comprehensive review should be carried out in 2025 to review the target set for 2030 and adapt it, if needed, in addition to the comprehensive reviews that the Commission is to carry out in 2027 and 2032 in accordance with Article 38 of Regulation (EU) 2018/1999. Those reviews should also assess the feasibility of the 2035 target of climate neutrality in light of the in light of the Union bioeconomy, substitution of fossil fuels, social aspects and the objectives laid down in Article 194 and Article 39 TFEU and adapt it, if necessary.
Amendment 291 #
2021/0201(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Due to the change to reporting- based targets, the greenhouse gas emissions and removals need to be estimated with a higher level of accuracy. Moreover, the Communication from the Commission on EU Biodiversity Strategy for 203038 , the Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system39 , the EU Forest Strategy40 , the updated EU Bioeconomy Strategy40a , the Communication from the Commission on Sustainable Carbon Cycles40b, the revised Directive (EU) 2018/2001 of the European Parliament and of the Council41 and the Communication from the Commission on Forging a climate-resilient Europe - the new EU Strategy on Adaptation to Climate Change42 will all require enhanced monitoring of land, thereby helping to protect and enhance the resilience of nature-based carbon removals throughout the Union. The monitoring and reporting of emissions and removals needs to be upgraded, using advanced technologies available under Union programmes, such as Copernicus, and digital data collected under the Common Agricultural Policy, applying the twin transition of green and digital innovation. __________________ 38 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions EU Biodiversity Strategy for 2030 - Bringing nature back into our lives (COM(2020) 380 final). 39 COM/2020/381 final. 40 […] 40a Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - A sustainable Bioeconomy for Europe: Strengthening the connection between economy, society and the environment (COM/2018/673 final) 40b Communication from the Commission to the European Parliament and the Council on Sustainable Carbon Cycles COM(2021) 800 final 41Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82). 42 COM/2021/82 final.
Amendment 302 #
2021/0201(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Given that the changes to the accounting rules generate additional compliance costs for the land use, land use change and forestry sector, compensatory actions need to be taken in order to prevent the increase in the total level of regulatory burden. The Commission should therefore respect the "One in one out" entry into force and present, before the application of this Regulation, proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs in the affected sector.
Amendment 355 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/841
Article 2 – paragraph 2 – point g
Article 2 – paragraph 2 – point g
(g) hcarvested woodbon storage products;
Amendment 366 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/841
Article 2 – paragraph 3 – introductory part
Article 2 – paragraph 3 – introductory part
3. This Regulation also applies, subject to the requirements referred to in Article 2(3a) hereof, to emissions and removals of the greenhouse gases listed in Section A of Annex I, reported pursuant to Article 26(4) of Regulation (EU) 2018/1999 and occurring on the territories of Member States from 2031 and onwards, in any of the land categories listed in paragraph 2, points (a) to (j) and in any of the following sectors:
Amendment 369 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/841
Article 2 –paragraph 3 a (new)
Article 2 –paragraph 3 a (new)
3 a. Before 2025, the Commission shall: (a) assess the difference between the sources and cycles of biogenic and fossil methane emissions; (b) propose a methane calculation model based on net global warming impact, rather than on emission input figures, which do not take account of the cooling effect of reductions in cyclical methane emissions, in line with the Paris Agreement; (c) explore the development of a methane efficiency index that would compare kilos of methane generated per unit of output produced for different agricultural products; (d) conduct an impact assessment on the scope set out in Article 2(3) of this Regulation with regard to the objectives of Article 39 TFEU, the Union bioeconomy and the substitution of fossil fuels. Member States shall ensure a fair distribution between the sectors through appropriate national policies. The Commission shall analyse whether the national measures lead to a fair distribution of action between the sectors and Member States, without negatively impacting security of supply, the bioeconomy, or creating displacement effects.
Amendment 389 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
2. The 2030 Union target for net greenhouse gas removals is 310 million tonnes CO2equivalent to an increase of 15% in average greenhouse gas emissions and removals from the years 2018, 2019 and 2020, and which is equivalent as ato the sum of the Member States targets established in accordance with paragraph 3 of this Article, and shall be based on the average of its greenhouse gas inventory data for the years 20168, 20179 and 201820 and shall be reviewed in accordance with Article4, paragraph 4 a.
Amendment 420 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
3. The Commission shall adopt implementing acts setting out the annual targets based on the linear trajectory for net greenhouse gas removals for each Member State, for each year in the period from 2026 to 2029 in terms of tonnes CO2 equivalent. These national trajectories shall be based on the average greenhouse gas inventory data for the years 2021, 2022 and 2023, reported by each Member State. The value of the 310 million tonnes CO2 equivalent net removalsshall be equivalent to an increase of 15% in the average greenhouse gas emissions and removals from the years 2018, 2019 and 2020, and as a sum of the targets for Member States set out in Annex IIa may be subject to a technical correction due to a change of methodology by Member States. The method for determination of the technical correction to be added to the targets of the Member States, shall be set out in these implementing acts. For the purpose of those implementing acts, the Commission shall carry out a comprehensive review of the most recent national inventory data for the years 2021, 2022 and 2023 submitted by Member States pursuant to Article 26(4) of Regulation (EU) 2018/1999.
Amendment 447 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
4. The Union-wide greenhouse gas emissions in the sectors set out in Article 2(3), points (a) to (ji), shall aim to be net zero by 2035 and the Union shall achieve negative emissions thereafter. The Union and the Member States shall take the necessary proportionate measures to enable the collective achievement of the target for 2035, while ensuring the achievement of the objectives set out in Article 194 and Article 39 TFEU, prioritising substitution of fossil fuels and achieving a balance between emission reductions and removals. The land based carbon removals should be available for other sectors as per EU regulatory framework for the certification of carbon removals.
Amendment 458 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 4 – subparagraph 2
Article 4 – paragraph 4 – subparagraph 2
The Commission shall, by 31 December 2025 and on the basis of integrated national energy and climate plans submitted by each Member State pursuant to Article 14 of Regulation (EU) 2018/1999 by 30 June 2024, make proposals for the contribution of each Member State to the net emissions reduction.’;: (a) conduct an impact assessment of the net zero greenhouse gas emissions target for 2035 in light of the objectives laid down in Article 39 TFEU, the Union bioeconomy and the substitution of fossil fuels; (b) based on the impact assessment referred to in point (a) of this subparagraph, make recommendations for Member States to design policies which equally incentivise emission removals and reductions and ensure a balance between all sectors set out in Article 2(3), points (a) to (i), in order to achieve the indicative target of net zero in 2035, while ensuring a fair distribution among Member States; (c) introduce a fair, market-based and voluntary compensation mechanism for a carbon certification trading system, which promotes high-quality carbon certificates that can ensure the achievement of the criteria of additionality, permanence, no double counting and authenticity to incentivise improved land management practices, resulting in enhanced carbon capture; (d) consider decreasing sink services that arise in connection with land use changes in the area of the expansion of settlement and transportation areas separately and make sure that they are not accounted for at the expense of the sectors set out in Article 2(3), points (a) to (i).
Amendment 467 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. The targets set out in Article 4, paragraphs 2, 3 and 4 shall be subject to reviews in 2025, 2027 and 2032 and shall be adapted if negative impacts are detected on EU bioeconomy, substitution of fossil fuels, social aspects and the objectives laid down in Article 194 and Article 39 TFEU.
Amendment 498 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) 2018/841
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission shall adopt delegated acts in accordance with Article 16 in order to amend paragraph 1 of this Article and Annex V by adding new categories of carbon storage products, including short and long-life harvested wood products, that have a carbon sequestration effect, and by introducing a life-cycle assessment of those products, including recycled products, based on IPCC Guidelines as adopted by the Conference of the Parties to the UNFCCC or the Conference of the Parties serving as the Meeting of the Parties to the Paris Agreement, and ensuring environmental integrity.; The Commission shall, in addition, develop a methodology for an additional category of “Fossil Substitution Products”. That methodology shall calculate the positive substitution effect of carbon storage products and assess the inclusion of bioenergy carbon capture and storage processes in carbon storage products.;
Amendment 591 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2018/841
Article 13 b – paragraph 3 – subparagraph 1 – point c
Article 13 b – paragraph 3 – subparagraph 1 – point c
(c) the difference in the Union between the annual sum of all greenhouse gas emissions and removals on its territory and in all of the land reporting categories referred to in Article 2(2), points (a) to (j), and the Union target [of 310 million tonnes CO2 equivalent of net removals] is negativeequivalent to a 15 % increase in the average greenhouse gas emissions and removals from the years 2018, 2019 and 2020], in the period from 2026 to 2030.
Amendment 644 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EU) 2018/841
Article 14 – paragraph 1 – subparagraph 2 – point c b (new)
Article 14 – paragraph 1 – subparagraph 2 – point c b (new)
(cb) synergies between climate mitigation and bioeconomy development, including estimates on the greenhouse gas savings associated to the substitution of fossil-based materials with wood-based materials.
Amendment 673 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Amendment 691 #
2021/0201(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) 2018/1999
Article 4 – paragraph 1 –point a – point 1 – point ii
Article 4 – paragraph 1 –point a – point 1 – point ii
the Member State’s commitments and national targets for net greenhouse gas removals pursuant to Article 4(1) and (2) of Regulation (EU) 2018/841 and its contributions aim towards reaching the Union objective of reducing greenhouse gas emissions to net zero by 2035 and achieving negative emissions thereafter pursuant to Article 4(4) of that Regulation;;
Amendment 695 #
2021/0201(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Regulation (EU) 2018/1999
Article 38 – paragraph 1 a
Article 38 – paragraph 1 a
In 2025, the Commission shall carry out a comprehensive review of the national inventory data submitted by Member States pursuant to Article 26(4) of this Regulation, in order to assess the target set out in Article 4(3)of Regulation (EU) 2018/842 in accordance with Article 4(4a) of that Regulation and to determine the annual targets of net greenhouse gas emissions reduction of the Member States pursuant to Article 4(3) of Regulation (EU) 2018/841 and in order to determine the annual emission allocations of the Member States pursuant to Article 4(3) of Regulation (EU) 2018/842;
Amendment 134 #
2021/0200(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Considering the special circumstances of certain Member States, principally historical issues related to forestry, including forestry on organic soils and lower planting levels in recent times, a derogation should be in place for such Member States to continue the application of the current accounting rules until 2030, from which point the compliance with national targets by the Member States should be verified on the basis of reported greenhouse gas emission and removals.
Amendment 180 #
2021/0171(COD)
Proposal for a directive
Recital 47
Recital 47
(47) The assessment of creditworthiness should be based on information on the financial and economic situation, including income and expenses, of the consumer. The European Banking Authority Guidelines on loan origination and monitoring (EBA/GL/2020/06) provide guidelines on what categories of data may be used for the processing of personal data for creditworthiness purposes, which include evidence of income or other sources of repayment, information on financial assets and liabilities, or information on other financial commitments. Personal data, such as personal data found on social media platforms or health data, including cancer data, should not be used when conducting a creditworthiness assessment. Consumers should provide information about their financial and economic situation in order to facilitate the creditworthiness assessment. In principle, credit should only made available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely to be met in the manner required under that agreement. However, should such assessment be negative, the creditor or the provider of crowdfunding credit services can exceptionally make credit available in specific and justified circumstances such as when they have a long-standing relationship with the consumer, or in case of loans to fund exceptional healthcare expenses, students loans or loans for consumers with disabilities. In such case, the creditor or the provider of crowdfunding credit services should be obliged to warn the consumer that due to a negative assessment of creditworthiness the consumer may be exposed to difficulties with repayment of the credit, which can lead to over-indebtedness. Furthermore when deciding on whether or not to make the credit available to the consumer, the creditor or the provider of crowdfunding credit services should take into account the amount and the purpose of the credit, and the likelihood that the obligations resulting from the agreement will be met.
Amendment 182 #
2021/0171(COD)
Proposal for a directive
Recital 47 a (new)
Recital 47 a (new)
(47 a) Many people, particularly people diagnosed with cancer as children or adolescents, face unjust financial penalties for years or decades after their treatment has ended. The inability to access, for example, loans or insurance impacts people affected by cancer in practical ways regarding homeownership, travel, free movement and rebuilding their life after cancer. This Directive fully recognises this and introduces a “Right to be Forgotten” where Member States must fully ensure that people who have survived cancer either do not have to declare their diagnosis and/or can no longer be treated differently to people who have not had a cancer diagnosis when applying for and accessing financial products or services such as insurance products and/or loans. This should remove barriers to accessing financial services for people living beyond cancer, particularly those who finished treatment years or decades ago, including people diagnosed as children and adolescents who face many financial burdens associated with their past diagnosis.
Amendment 184 #
2021/0171(COD)
Proposal for a directive
Recital 47 b (new)
Recital 47 b (new)
(47 b) As a result of their illness, cancer survivors often suffer from obstacles to their access to financial services, such as credits, owing to the frequent obligation to disclose full medical history when applying to them. This financial discrimination worsens the socioeconomic burden placed on cancer survivors and hampers their reintegration into society. Therefore, this Directive should recognise fully the right for cancer survivors not to inform the creditor or the provider of crowdfunding credit services of their past diagnosis and treatment (The Right to Be Forgotten).
Amendment 185 #
2021/0171(COD)
Proposal for a directive
Recital 47 b (new)
Recital 47 b (new)
(47 b) Member States should implement this Directive in a manner that fully guarantees the “Right to be Forgotten” for cancer survivors. This implementation should include timeframes post-recovery after which a person no longer has to declare their cancer diagnosis. These timeframes should reflect the latest scientific evidence and be tailored by cancer type. The maximum timeframe should be no longer than 5 years for people diagnosed with cancer at any age.
Amendment 277 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3 a) “Right to be Forgotten” means that, after a specified period of time, people who have survived cancer either do not have to declare their diagnosis, and/or can no longer be treated differently to people who have not had a cancer diagnosis when applying for and accessing financial products or services such as insurance and/or loans
Amendment 575 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 b (new)
Article 18 – paragraph 2 b (new)
2 b. Member States shall ensure that the implementation of this Directive guarantees the ‘Right to Be Forgotten’.
Amendment 76 #
2021/0106(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) AI can serve in climate change mitigation for example through the European Union's Earth observation programme Copernicus that has the potential to be the programme needed to acquire accurate scientific information that secures science-based decision- making and implementation of the Union’s climate, biodiversity and other environmental policies.
Amendment 79 #
2021/0106(COD)
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3 b) The United Kingdom's withdrawal from the European Union has caused a significant funding gap to the aforementioned Copernicus programme, which endangers the whole future of Copernicus and which needs to be acutely solved by guaranteeing sufficient funds as well as data processing support so that advanced and automatized technology and AI based monitoring and analysing of all central environmental indicators will be guaranteed in the future.
Amendment 88 #
2021/0106(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) In its communication on “The European Green Deal”, the Commission outlined the role of digital technologies such as artificial intelligence, 5G, data, internet of things and cloud and edge computing in achieving a sustainable future.
Amendment 91 #
2021/0106(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4 b) The Commission in its White Paper on “Artificial Intelligence - A European approach to excellence and trust”, states that artificial intelligence can aid in tackling the most pressing concerns, such as climate change and environmental degradation.
Amendment 93 #
2021/0106(COD)
Proposal for a regulation
Recital 4 c (new)
Recital 4 c (new)
Amendment 101 #
2021/0106(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) Artificial intelligence has the potential to unlock solutions saving millions of lives through early and accurate detection of diseases, tailored treatment and enhanced quality of care to patients. The use of AI in the health sector can reduce the costs of health services and medical care.
Amendment 102 #
2021/0106(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
Amendment 112 #
2021/0106(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The classification of an AI system as high-risk pursuant to this Regulation should not necessarily, unless duly justified, mean that the product whose safety component is the AI system, or the AI system itself as a product, is considered ‘high-risk’ under the criteria established in the relevant Union harmonisation legislation that applies to the product. This is notably the case for Regulation (EU) 2017/745 of the European Parliament and of the Council47 and Regulation (EU) 2017/746 of the European Parliament and of the Council48 , where a third-party conformity assessment is provided for medium-risk and high-risk products. To ensure consistency and legal clarity, where the provided risk-based system already takes into account potential associated risks, AI components should continue to be assessed as part of the overall device. _________________ 47Regulation (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). 48Regulation (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).
Amendment 118 #
2021/0106(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Another area in which the use of AI systems deserves special consideration is the access to and enjoyment of certain essential private and public services and benefits necessary for people to fully participate in society or to improve one’s standard of living. In particular, AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as healthcare, housing, electricity, and telecommunication services. AI systems used for this purpose may lead to discrimination of persons or groups and perpetuate historical patterns of discrimination, for example based on racial or ethnic origins, disabilities, age, sexual orientation, or create new forms of discriminatory impacts. Considering the very limited scale of the impact and the available alternatives on the market, it is appropriate to exempt AI systems for the purpose of creditworthiness assessment and credit scoring when put into service by small-scale providers for their own use. Natural persons applying for or receiving public assistance benefits and services from public authorities are typically dependent on those benefits and services and in a vulnerable position in relation to the responsible authorities. If AI systems are used for determining whether such benefits and services should be denied, reduced, revoked or reclaimed by authorities, they may have a significant impact on persons’ livelihood, health and may infringe their fundamental rights, such as the right to social protection, non- discrimination, human dignity or an effective remedy. Those systems should therefore be classified as high-risk. Nonetheless, this Regulation should not hamper the development and use of innovative approaches in the public administration, which would stand to benefit from a wider use of compliant and safe AI systems, provided that those systems do not entail a high risk to legal and natural persons. Finally, AI systems used to dispatch or establish priority in the dispatching of emergency first response services should also be classified as high- risk since they make decisions in very critical situations for the life and health of persons and their property.
Amendment 123 #
2021/0106(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) Requirements should apply to high- risk AI systems as regards the quality of data sets used, technical documentation and record-keeping, transparency and the provision of information to users, human oversight, and robustness, accuracy and cybersecurity. Those requirements are necessary to effectively mitigate the risks for health, safety and fundamental rights, as applicable in the light of the intended purpose of the system, and no other less trade restrictive measures are reasonably available, thus avoiding unjustified restrictions to trade. To avoid any potential misalignment or duplication, the Commission should clearly determine where any relevant sectoral legislation may take precedence concerning data governance and any associated management practices or quality criteria.
Amendment 128 #
2021/0106(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) For the development of high-risk AI systems, certain actors, such as providers, notified bodies and other relevant entities, such as digital innovation hubs, testing experimentation facilities and researchers, should be able to have increased access and use of high quality datasets within their respective fields of activities which are related to this Regulation. European common data spaces established by the Commission and the facilitation of data sharing between businesses and with government in the public interest will be instrumental to provide trustful, accountable and non- discriminatory access to high quality data for the training, validation and testing of AI systems. For example, in health, the European health data space will facilitate non- discriminatory access to health data and the training of artificial intelligence algorithms on those datasets, in a privacy- preserving, secure, timely, transparent and trustworthy manner, and with an appropriate institutional governance. Relevant competent authorities, including sectoral ones, providing or supporting the access to data may also support the provision of high-quality data for the training, validation and testing of AI systems.
Amendment 136 #
2021/0106(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) High-risk AI systems should be designed and developed in such a way that natural persons can oversee their functioning. For this purpose, appropriate human oversight measures should be identified by the provider of the system before its placing on the market or putting into service. In particular, where appropriate, such measures should guarantee that the system is subject to in- built operational constraints that cannot be overridden by the system itself and is responsive to the human operator, and that the natural persons to whom human oversight has been assigned have the necessary competence, training and authority to carry out that role. Appropriate human oversight and any subsequent intervention should not result in the intended function of the AI system being affected in a way that risks health, safety or fundamental rights, as applicable in the light of the intended purpose of the system.
Amendment 139 #
2021/0106(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) The provider should establish a sound quality management system, ensure the accomplishment of the required conformity assessment procedure, draw up the relevant documentation and establish a robust post-market monitoring system. Public authorities which put into service high-risk AI systems for their own use may adopt and implement the rules for the quality management system as part of the quality management system adopted at a national or regional level, as appropriate, taking into account the specificities of the sector and the competences and organisation of the public authority in question. Where this overlaps with any relevant and applicable sectoral legislation, the relevant terminology should be appropriately harmonised to avoid any unnecessary fragmentation.
Amendment 185 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Training, validation and testing data sets shallould be relevant, representative, free of errors and complete, complete and consistent with the generally acknowledged state of the art. They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk AI system is intended to be used. These characteristics of the data sets may be met at the level of individual data sets or a combination thereof.
Amendment 196 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point e
Article 14 – paragraph 4 – point e
(e) be able to intervene on the operation of the high-risk AI system or interrupt the system through a “stop” button or a similar procedure. provided that this does not result in the intended function of the AI system being affected in a way that risks health, safety or fundamental rights.
Amendment 221 #
2021/0106(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point a – point ii
Article 54 – paragraph 1 – point a – point ii
(ii) public safety and public health, including disease detection, diagnosis, prevention, control and treatment;
Amendment 267 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 3
Annex IV – paragraph 1 – point 3
3. Detailed information about the monitoring, functioning and control of the AI system, in particular with regard to: its capabilities and limitations in performance, including the degrees of accuracy for specific persons or groups of persons on which the system is intended to be used and the overall expected level of accuracy in relation to its intended purpose; the foreseeable unintended outcomes and sources of risks to the environment, health and safety, fundamental rights and discrimination in view of the intended purpose of the AI system; the human oversight measures needed in accordance with Article 14, including the technical measures put in place to facilitate the interpretation of the outputs of AI systems by the users; specifications on input data, as appropriate;
Amendment 310 #
2021/0106(COD)
Proposal for a regulation
Citation 5 a (new)
Citation 5 a (new)
Having regard to the opinion of the European Central Bank,
Amendment 312 #
2021/0106(COD)
Proposal for a regulation
Citation 5 b (new)
Citation 5 b (new)
Having regard to the joint opinion of the European Data Protection Board and the European Data Protection Supervisor,
Amendment 331 #
2021/0106(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) In order for Member States to reach the carbon neutrality targets, European companies should seek to utilise all available technological advancements that can assist in realising this goal. AI is a well-developed and ready-to-use technology that can be used to process the ever-growing amount of data created during industrial, environmental, health and other processes. To facilitate investments in AI- based analysis and optimisation solutions, this Regulation should provide a predictable and proportionate environment for low-risk industrial solutions.
Amendment 346 #
2021/0106(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A Union legal framework laying down harmonised rules on artificial intelligence is therefore needed to foster the development, use and uptake of artificial intelligence in the internal market that at the same time meets a high level of protection of public interests, such as health and safety and the protection of fundamental rights, as recognised and protected by Union law. To achieve that objective, rules regulating the placing on the market and putting into service of certain AI systems should be laid down, thus ensuring the smooth functioning of the internal market and allowing those systems to benefit from the principle of free movement of goods and services. Furthermore, clear rules supporting the application and design of AI systems should be laid down, thus enabling a European ecosystem of public and private actors creating AI systems in line with European values. By laying down those rules, this Regulation supports the objective of the Union of being a global leader in the development of secure, trustworthy and ethical artificial intelligence, as stated by the European Council33 , and it ensures the protection of ethical principles, as specifically requested by the European Parliament34 . _________________ 33 European Council, Special meeting of the European Council (1 and 2 October 2020) – Conclusions, EUCO 13/20, 2020, p. 6. 34 European Parliament resolution of 20 October 2020 with recommendations to the Commission on a framework of ethical aspects of artificial intelligence, robotics and related technologies, 2020/2012(INL).
Amendment 353 #
2021/0106(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) Furthermore, in order to foster the development of artificial intelligence in line with Union values, the Union needs to address the main gaps and barriers blocking the potential of the digital transformation including the shortage of digitally skilled workers, cybersecurity concerns, lack of investment and access to investment, and existing and potential gaps between large companies, SME’s and start-ups. Special attention should be paid to ensuring that the benefits of AI and innovation in new technologies are felt across all regions of the Union and that sufficient investment and resources are provided especially to those regions that may be lagging behind in some digital indicators.
Amendment 356 #
2021/0106(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5 b) To ensure the development of secure, trustworthy and ethical AI, the European Commission established the High-Level Expert Group on Artificial Intelligence. In formulating both Ethics guidelines for Trustworthy AI and a corresponding Assessment List for Trustworthy Artificial Intelligence, this independent group solidified the foundational ambition for ‘Trustworthy AI’. As noted by the group, Trustworthiness is a prerequisite for people, societies and companies to develop, deploy and use AI systems. Without AI systems – and the human beings behind them – being demonstrably worthy of trust, serious and unwanted consequences may ensue and the uptake of AI might be hindered, preventing the realisation of the potentially vast social and economic benefits that trustworthy AI systems can bring. This approach should be seen as the basis of a European approach to both ensure and scale AI that is innovative and ethical.
Amendment 357 #
2021/0106(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The notion of AI system should be clearly defined to ensure legal certainty, while providing the flexibility to accommodate future technological developments. The definition should be based on the key functional characteristics of the software, in particular theis definition should be in line with definitions that have found international acceptance. Moreover, it should be based on the key functional characteristics of artificial intelligence distinguishing it from more classic software systems and modelling approaches such as logistic regression and other techniques that are similarly transparent, explainable and interpretable. For the purposes of this Regulation, the definition should be based on the key functional characteristics of the AI system, in particular its ability, for a given set of human-defined objectives, to generate outputs such as content,make predictions, recommendations, or decisions whichthat influence the environment with which the system interacts, be it in a physical or digital dimensionreal or virtual environments, whereby it uses machine and/or human-based data and inputs to (i) perceive real and/or virtual environments; (ii) abstract these perceptions into models through analysis in an automated manner (e.g. with machine learning), or manually; and (iii) use model inference to formulate options for outcomes. AI systems can bare designed to operate with varying levels of autonomy and can be used on a stand- alone basis or as a component of a product, irrespective of whether the system is physicallysoftware system, integrated into thea physical product (embedded) or, used to serve the functionality of thea physical product without being integrated therein (non-embedded). The definition of AI system should be complemented by a list of specific techniques and approaches used for its development, which s or used as a subsystem of a software/physical/hybrid system of systems. If an AI system is used as a subsystem of a system of systems, then all parts including their interfaces to other parts of the system of systems that would be obsolete if the AI functionality were turned off or removed are essential parts of the AI system thus fall directly under this regulation. Any parts of the system of systems to which this does not hould be kept up-to– date intrue are not covered by this regulation and the oblight of market and technological developments through the adoption of delegated acts by the Commission to amend that list. ations listed in this regulation do not apply to them. This is to ensure that the integration of AI systems into existing systems is not blocked by this regulation.
Amendment 365 #
2021/0106(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Defining AI systems is an ongoing process that should take into account the context in which AI operates, keep pace with societal developments in this field and not lose sight of the link between the ecosystem of excellence and the ecosystem of trust. The definition of AI system should be complemented by a list of specific techniques and approaches used for its development, which should be kept up-to–date in the light of market and technological developments through the adoption of delegated acts by the Commission to amend that list. In the drafting process of these delegated acts, the Commission shall insure the input of all relevant stakeholders including the technical experts and developers of AI systems. This consultation can take place through existing bodies such as the High Level Expert Group on AI or a newly established similar advisory body that is closely included in the work of the European Artificial Intelligence Board. Should the definition of ‘AI system’ from the OECD be adjusted in the coming years, the European Commission should engage in dialogue with these organisations to ensure alignment between the two definitions. Should the AI Act still be undergoing legislative procedure, the co-legislators should consider these latest developments during the legislative process, so as to ensure alignment, legal clarity and broad international acceptance of the AI Act Definition of ‘AI Systems’.
Amendment 366 #
2021/0106(COD)
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6 b) Taking into account the work of International Standardisation Organisations, it is important to highlight the differences as well as the connection between Automation, Heteronomy and Autonomy. Experts speak of an automated system with different levels of automation instead of levels of autonomy. Autonomy is understood as the highest level of automation. An autonomous AI system would be capable to change its scope or its goals independently. However, today's AI technologies do not allow full autonomy yet and are not self-governing. Instead, they operate based on algorithms and otherwise obey the commands of operators. A fully autonomous AI system would be a genuine General or Super AI. Despite these restrictions, this Regulation will use the term “autonomy” as it is a key element of international accepted definitions.
Amendment 379 #
2021/0106(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The notion of remote biometric identification system as used in this Regulation should be defined functionally, as an AI system intended for the identification of natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database repository, and without prior knowledge whether the targeted person will be present and can be identified, irrespectively of the particular technology, processes or types of biometric data used. Considering their different characteristics and manners in which they are used, as well as the different risks involved, a distinction should be made between ‘real-time’ and ‘post’ remote biometric identification systems. In the case of ‘real-time’ systems, the capturing of the biometric data, the comparison and the identification occur all instantaneously, near-instantaneously or in any event without a significant delay. In this regard, there should be no scope for circumventing the rules of this Regulation on the ‘real- time’ use of the AI systems in question by providing for minor delays. ‘Real-time’ systems involve the use of ‘live’ or ‘near- ‘live’ material, such as video footage, generated by a camera or other device with similar functionality. In the case of ‘post’ systems, in contrast, the biometric data have already been captured and the comparison and identification occur only after a significant delay. This involves material, such as pictures or video footage generated by closed circuit television cameras or private devices, which has been generated before the use of the system in respect of the natural persons concerned.
Amendment 394 #
2021/0106(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In light of their digital nature, certain AI systems should fall within the scope of this Regulation even when they are neither placed on the market, nor put into service, nor used in the Union. This is the case for example of an operator established in the Union that contracts certain services to an operator established outside the Union in relation to an activity to be performed by an AI system that would qualify as high-risk and whose effects impact natural persons located in the Union. In those circumstances, the AI system used by the operator outside the Union could process data lawfully collected in and transferred from the Union, and provide to the contracting operator in the Union the output of that AI system resulting from that processing, without that AI system being placed on the market, put into service or used in the Union. To prevent the circumvention of this Regulation and to ensure an effective protection of natural persons located in the Union, this Regulation should also apply to providers and users of AI systems that are established in a third country, to the extent the output produced by those systems is intended for used in the Union. Nonetheless, to take into account existing arrangements and special needs for future cooperation with foreign partners with whom information and evidence is exchanged, this Regulation should not apply to public authorities of a third country and international organisations when acting in the framework of international agreements concluded at national or European level for law enforcement and judicial cooperation with the Union or with its Member States. Such agreements have been concluded bilaterally between Member States and third countries or between the European Union, Europol and other EU agencies and third countries and international organisations.
Amendment 401 #
2021/0106(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) This Regulation should also ensure harmonisation consistency in definitions and terminology as biometric techniques can, in the light of their primary function, be divided into techniques of biometric identification, authentication and verification. Biometric authentication means the process of matching an identifier to a specific stored identifier in order to grant access to a device or service, whilst biometric verification refers to the process of confirming that an individual is who they claim to be. As they do not involve any “one-to-many” comparison of biometric data that is the distinctive trait of identification, both biometric verification and authentication should be excluded from the scope of this Regulation.
Amendment 417 #
2021/0106(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) As signatories to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), the European Union and all Member States are legally obliged to protect persons with disabilities from discrimination and promote their equality, to ensure that persons with disabilities have access, on an equal basis with others, to information and communications technologies and systems, and to ensure respect for privacy of persons with disabilities. Given the growing importance and use of AI systems, the strict application of universal design principles to all new technologies and services should ensure full, equal, and unrestricted access for everyone potentially affected by or using AI technologies, including persons with disabilities, in a way that takes full account of their inherent dignity and diversity. It is essential to ensure that providers of AI systems design them, and users use them, in accordance with the accessibility requirements set out in Directive (EU) 2019/882.
Amendment 424 #
2021/0106(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The placing on the market, putting into service or use of certain AI systems intended tomaterially distorting human behaviour, whereby physical or psychological harms are likely to occur, should be forbidden. Such AI systems deploy subliminal components individualthat persons cannot perceive or those systems otherwise exploit vulnerabilities of children and people due to their age, physical or mental incapacities. They do so with the intention toa specific group of persons due to their age, disability within the meaning of Directive (EU) 2019/882, or social or economic situation. Such systems can be placed on the market, put into service or used with the objective to or the effect of materially distorting the behaviour of a person and in a manner that causes or is reasonably likely to cause physical or psychological harm to that or another person. The intention or groups of persons, including harms that may be accumulated over time. The intention to distort the behaviour may not be presumed if the distortion of human behaviour results from factors external to the AI system which are outside of the control of the provider or the user. Research for legitimate purposes in relation to such AI systems should not be stifled by the prohibition, if such research does not amount meaning factors that may not be reasonably foreseen and mitigated by the provider or the user of the AI system. In any case, it is not necessary for the provider or the user to have the intention to cause of the AI system in human- machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research. physical or psychological harm, as long as such harm results from the manipulative or exploitative AI-enabled practices. The prohibitions for such AI practices is complementary to the provisions contained in Directive [Unfair Commercial Practice Directive 2005/29/EC, as amended by Directive (EU) 2019/216], notably that unfair commercial practices leading to economic or financial harms to consumers are prohibited under all circumstances, irrespective of whether they are put in place through AI systems or otherwise.
Amendment 439 #
2021/0106(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) AI systems that are intended for use to protect consumers and prevent fraudulent activities should not necessarily be considered high-risk under this Regulation. As set by Article 94 of the Directive (EU) 2015/2366, payment systems and payment service providers should be allowed to process data to safeguard the prevention, investigation and detection of payment fraud. Therefore AI systems used to process data to safeguard the prevention, investigation and detection of fraud may not be considered as high-risk AI systems for the purpose of this Regulation.
Amendment 521 #
2021/0106(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) High-risk AI systems should only be placed on the Union market or put into service if they comply with certain mandatory requirements. To ensure alignment with sectoral legislation, requirements for certain high-risk AI systems and uses will take account of sectoral legislation which already lay out sufficient requirements for high-risk AI systems included within this Act, such as Regulation (EU) 2017/745 on Medical Devices and Regulation (EU) 2017/746 on In Vitro Diagnostic Devices and Directive 2006/42/EC on Machinery. Those requirements should ensure that high-risk AI systems available in the Union or whose output is otherwise used in the Union do not pose unacceptable risks to important Union public interests as recognised and protected by Union law. AI systems identified as high-risk should be limited to those that have a significant harmful impact on the health, safety and fundamental rights of persons in the Union and such limitation minimises any potential restriction to international trade, if any.
Amendment 522 #
2021/0106(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) High-risk AI systems should only be placed on the Union market or put into service if they comply with certain mandatory requirements. To ensure alignment with sectoral legislation, requirements for certain high-risk AI systems and uses will take account of sectoral legislation which already lay out sufficient requirements for high-risk AI systems included within this Act, such as Regulation (EU) 2017/745 on Medical Devices and Regulation (EU) 2017/746 on In Vitro Diagnostic Devices and Directive 2006/42/EC on Machinery. Those requirements should ensure that high-risk AI systems available in the Union or whose output is otherwise used in the Union do not pose unacceptable risks to important Union public interests as recognised and protected by Union law. AI systems identified as high-risk should be limited to those that have a significant harmful impact on the health, safety and fundamental rights of persons in the Union and such limitation minimises any potential restriction to international trade, if any.
Amendment 532 #
2021/0106(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) As regards high-risk AI systems that are safety components of products or systems, or which are themselves products or systems falling within the scope of Regulation (EC) No 300/2008 of the European Parliament and of the Council39 , Regulation (EU) No 167/2013 of the European Parliament and of the Council40 , Regulation (EU) No 168/2013 of the European Parliament and of the Council41 , Directive 2014/90/EU of the European Parliament and of the Council42 , Directive (EU) 2016/797 of the European Parliament and of the Council43 , Regulation (EU) 2018/858 of the European Parliament and of the Council44 , Regulation (EU) 2018/1139 of the European Parliament and of the Council45 , and Regulation (EU) 2019/2144 of the European Parliament and of the Council46 , Regulation (EU) 2017/745 of the European Parliament and of the Council, and Regulation (EU) 2017/746 of the European Parliament and of the Council, it is appropriate to amend those acts to ensure that the Commission takes into account, on the basis of the technical and regulatory specificities of each sector, and without interfering with existing governance, conformity assessment, market surveillance and enforcement mechanisms and authorities established therein, the mandatory requirements for high-risk AI systems laid down in this Regulation when adopting any relevant future delegated or implementing acts on the basis of those acts. _________________ 39 Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72). 40 Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (OJ L 60, 2.3.2013, p. 1). 41 Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, p. 52). 42 Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and repealing Council Directive 96/98/EC (OJ L 257, 28.8.2014, p. 146). 43 Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (OJ L 138, 26.5.2016, p. 44). 44 Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1). 45 Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1). 46 Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019 on type-approval requirements for motor vehicles and their trailers, and systems, components and separate technical units intended for such vehicles, as regards their general safety and the protection of vehicle occupants and vulnerable road users, amending Regulation (EU) 2018/858 of the European Parliament and of the Council and repealing Regulations (EC) No 78/2009, (EC) No 79/2009 and (EC) No 661/2009 of the European Parliament and of the Council and Commission Regulations (EC) No 631/2009, (EU) No 406/2010, (EU) No 672/2010, (EU) No 1003/2010, (EU) No 1005/2010, (EU) No 1008/2010, (EU) No 1009/2010, (EU) No 19/2011, (EU) No 109/2011, (EU) No 458/2011, (EU) No 65/2012, (EU) No 130/2012, (EU) No 347/2012, (EU) No 351/2012, (EU) No 1230/2012 and (EU) 2015/166 (OJ L 325, 16.12.2019, p. 1).
Amendment 533 #
2021/0106(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) As regards high-risk AI systems that are safety components of products or systems, or which are themselves products or systems falling within the scope of Regulation (EC) No 300/2008 of the European Parliament and of the Council39 , Regulation (EU) No 167/2013 of the European Parliament and of the Council40 , Regulation (EU) No 168/2013 of the European Parliament and of the Council41 , Directive 2014/90/EU of the European Parliament and of the Council42 , Directive (EU) 2016/797 of the European Parliament and of the Council43 , Regulation (EU) 2018/858 of the European Parliament and of the Council44 , Regulation (EU) 2018/1139 of the European Parliament and of the Council45 , and Regulation (EU) 2019/2144 of the European Parliament and of the Council46 , Regulation (EU)2017/745 of the European Parliament and of the Council, and Regulation (EU)2017/746 of the European Parliament and of the Council, it is appropriate to amend those acts to ensure that the Commission takes into account, on the basis of the technical and regulatory specificities of each sector, and without interfering with existing governance, conformity assessment and enforcement mechanisms and authorities established therein, the mandatory requirements for high-risk AI systems laid down in this Regulation when adopting any relevant future delegated or implementing acts on the basis of those acts. _________________ 39 Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72). 40 Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (OJ L 60, 2.3.2013, p. 1). 41 Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, p. 52). 42 Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and repealing Council Directive 96/98/EC (OJ L 257, 28.8.2014, p. 146). 43 Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (OJ L 138, 26.5.2016, p. 44). 44 Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1). 45 Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1). 46 Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019 on type-approval requirements for motor vehicles and their trailers, and systems, components and separate technical units intended for such vehicles, as regards their general safety and the protection of vehicle occupants and vulnerable road users, amending Regulation (EU) 2018/858 of the European Parliament and of the Council and repealing Regulations (EC) No 78/2009, (EC) No 79/2009 and (EC) No 661/2009 of the European Parliament and of the Council and Commission Regulations (EC) No 631/2009, (EU) No 406/2010, (EU) No 672/2010, (EU) No 1003/2010, (EU) No 1005/2010, (EU) No 1008/2010, (EU) No 1009/2010, (EU) No 19/2011, (EU) No 109/2011, (EU) No 458/2011, (EU) No 65/2012, (EU) No 130/2012, (EU) No 347/2012, (EU) No 351/2012, (EU) No 1230/2012 and (EU) 2015/166 (OJ L 325, 16.12.2019, p. 1).
Amendment 535 #
2021/0106(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) As regards AI systems that are safety components of products, or which are themselves products, falling within the scope of certain Union harmonisation legislation (as specified in Annex II), it is appropriate to classify them as high-risk under this Regulation if the product in question undergoes the conformity assessment procedure with a third-party conformity assessment body pursuant to that relevant Union harmonisation legislation. In particular, such products are machinery, toys, lifts, equipment and protective systems intended for use in potentially explosive atmospheres, radio equipment, pressure equipment, recreational craft equipment, cableway installations, appliances burning gaseous fuels, medical devices, and in vitro diagnostic medical devices.
Amendment 537 #
2021/0106(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The classification of an AI system as high-risk pursuant to this Regulation should not necessarilyall not mean that the product whose safety component is the AI system, or the AI system itself as a product, is considered ‘high-risk’ under the criteria established in the relevant Union harmonisation legislation that applies to the product. This is notably the case for Regulation (EU) 2017/745 of the European Parliament and of the Council47 and Regulation (EU) 2017/746 of the European Parliament and of the Council48 , where a third-party conformity assessment is provided for medium-risk and high-risk products. _________________ 47 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). 48 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).
Amendment 547 #
2021/0106(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Technical inaccuracies of AI systems intended for the remote biometric identification of natural persons can lead to biased results and entail discriminatory effects. This is particularly relevant when it comes to age, ethnicity, sex or disabilities. Therefore, ‘real-time’ and ‘post’ remote biometric identification systems should be classified as high-risk, except for the purpose of remote client on-boarding or verification of a user through a device. In view of the risks that they may pose, both types of remote biometric identification systems should be subject to specific requirements on logging capabilities and, when appropriate and justified by a proven added value to the protection of health, safety and fundamental rights, human oversight.
Amendment 553 #
2021/0106(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) As regards the management and operation of critical infrastructure, it is appropriate to classify as high-risk the AI systems intended to be used as safety or security components in the management and operation of road traffic and the supply of water, gas, heating and electricity, since their failure or malfunctioning may infringe the security and integrity of such critical infrastructure and thus put at risk the life and health of persons at large scale and lead to appreciable disruptions in the ordinary conduct of social and economic activities.
Amendment 565 #
2021/0106(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) AI systems used in employment, workers management and access to self- employment, notably for the recruitment and selection of persons, for making decisions on promotion and termination and for task allocation, monitoring or evaluation of persons in work-related contractual relationships, should also be classified as high-risk, since those systems may appreciably impact future career prospects and livelihoods of these persons. Relevant work-related contractual relationships should involve employees and persons providing services through platforms as referred to in the Commission Work Programme 2021. Such persons should in principle not be considered users within the meaning of this Regulation. Throughout the recruitment process and in the evaluation, promotion, or retention of persons in work-related contractual relationships, such systems may perpetuate historical patterns of discrimination, for example against women, certain age groups, persons with disabilities, or persons of certain racial or ethnic origins or sexual orientation. AI systems used to monitor the performance and behaviour of these persons may also impact their rights to data protection and privacy.
Amendment 611 #
2021/0106(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The fact that an AI system is classified asompliant with the requirements for high- risk AI under this Regulation should not be interpreted as indicating that the use of the system is necessarily unlawful under other acts of Union law or under national law compatible with Union law, such as on the protection of personal data, on the use of polygraphs and similar tools or other systems to detect the emotional state of natural persons. Any such use should continue to occur solely in accordance with the applicable requirements resulting from the Charter and from the applicable acts of secondary Union law and national law. This Regulation should notAs far as is applicable and proportionate, this Regulation may, where duly justified, be understood as providing for the legal ground for processing of personal data, including special categories of personal data, where relevant.
Amendment 612 #
2021/0106(COD)
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41 a) AI systems do not operate in a lawless world. A number of legally binding rules at European, national and international level already apply or are relevant to AI systems today. Legal sources include, but are not limited to EU primary law (the Treaties of the European Union and its Charter of Fundamental Rights), EU secondary law (such as the General Data Protection Regulation, the Product Liability Directive, the Regulation on the Free Flow of Non- Personal Data, anti-discrimination Directives, consumer law and Safety and Health at Work Directives), the UN Human Rights treaties and the Council of Europe conventions (such as the European Convention on Human Rights), and numerous EU Member State laws. Besides horizontally applicable rules, various domain-specific rules exist that apply to particular AI applications (such as for instance the Medical Device Regulation in the healthcare sector).
Amendment 614 #
2021/0106(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) To mitigate the risks from high-risk AI systems placed or otherwise put into service on the Union market for users and affected persons, certain mandatory requirements should apply, taking into account the intended purpose of the use of the system, level of reliance of the user or business user on the output of the AI system for the final decision or outcome and according to the risk management system to be established by the provider.
Amendment 623 #
2021/0106(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) High data quality is essential forand having simple and accessible data plays a vital role in providing structure and ground truth for AI and are essential for purpose- ready data analytics and the performance of many AI systems, especially when techniques involving the training of models are used, with a view to ensure that the high-risk AI system performs as intended and safely and it does not become the source of discrimination prohibited by Union law. To achieve simple access to and usability of high quality data for AI, the Commission should examine ways to facilitate the lawful processing of personal data to train legitimate AI systems by appropriate amendments to applicable laws. High quality training, validation and testing data sets require the implementation of appropriate data governance and management practices. Training, machine learning validation and testing data sets should be sufficiently relevant, and representative and free of errors and complete in view of the intended purpose of the system. They should also have the appropriate statistical properties, including as regards the persons or groups of persons on which the high-risk AI system is intended to be used. In particular, training, machine learning validation and testing data sets should take into account, to the extent required in the light of their intended purpose, the features, characteristics or elements that are particular to the specific geographical, behavioural or functional setting or context within which the AI system is intended to be used. If it is necessary for the aforementioned purpose to use existing sets of data that includes personal data originally collected and stored for a different purpose, their use for the aforementioned purpose should be deemed compatible with the original purpose so long as the personal data is not transferred to any third party. In order to protect the right of others from the discrimination that might result from the bias in AI systems, the providers should be able to process also special categories of personal data, as a matter of substantial public interest, in order to ensure the bias monitoring, detection and correction in relation to high- risk AI systems.
Amendment 633 #
2021/0106(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) For the development and assessment of high-risk AI systems, certain actors, such as providers, notified bodies and other relevant entities, such as digital innovation hubs, testing experimentation facilities and researchers, should be able to access and use high quality datasets within their respective fields of activities which are related to this Regulation. European common data spaces established by the Commission and the facilitation of data sharing between businesses and with government in the public interest will be instrumental to provide trustful, accountable and non-discriminatory access to high quality data for the training, validation and testing of AI systems. For example, in health, the European health data space will facilitate non- discriminatory access to health data and the training of artificial intelligence algorithms on those datasets, in a privacy-preserving, secure, timely, transparent and trustworthy manner, and with an appropriate institutional governance. Relevant competent authorities, including sectoral ones, providing or supporting the access to data may also support the provision of high-quality data for the training, validation and testing of AI systems.
Amendment 636 #
2021/0106(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Having information on how high- risk AI systems have been developed and how they perform throughout their lifecycltime is essential to verify compliance with the requirements under this Regulation. This requires keeping records and the availability of a technical documentation, containing information which is necessary to assess the compliance of the AI system with the relevant requirements, while preserving trade secrets. Such information should include the general characteristics, capabilities and limitations of the system, algorithms, data, training, testing and validation processes used as well as documentation on the relevant risk management system. The technical documentation should be kept up to date.
Amendment 639 #
2021/0106(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) High-risk AI systems should be designed and developed in such a way that natural persons canmay, when appropriate, oversee their functioning. For this purpose, when it brings proven added value to the protection of health, safety and fundamental rights, appropriate human oversight measures should be identified by the provider of the system before its placing on the market or putting into service. In particular, where appropriate, such measures should guarantee that the system is subject to in- built operational constraints that cannot beand are responsive to the human ovperridden by the system itself and is responsive to the human operator, and that the natural persons to whom human oversight has been assigned have the necessary competence, training and authority to carry out that roleator during the expected lifetime of the device where necessary to reduce risks as far as possible and achieve performance in consideration of the generally acknowledged state-of-the-art and technological and scientific progress, and that the natural persons to whom human oversight has been assigned have the necessary competence, training and authority to carry out that role. By way of derogation regarding high-risk AI systems within the scope of Regulation (EU) 2017/745 and Regulation (EU) 2017/746 of the European Parliament and of the Council, the established benefit-risk ratio requirements under the sectoral medical device legislation should apply.
Amendment 640 #
2021/0106(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) High-risk AI systems should be designed and developed in such a way that natural persons canmay, when appropriate, oversee their functioning. For this purpose, when it brings proven added value to the protection of health, safety and fundamental rights, appropriate human oversight measures should be identified by the provider of the system before its placing on the market or putting into service. In particular, where appropriate, such measures should guarantee that the system is subject to in- built operational constraints that cannot be overridden by the system itself and is responsive to the human operator, and that the natural persons to whom human oversight has been assigned have the necessary competence, training and authority to carry out that roleand are responsive to the human operator during the expected lifetime of the device where necessary to reduce risks as far as possible and achieve performance in consideration of the generally acknowledged state-of-the-art technological and scientific progress, and that the natural persons to whom human oversight has been assigned have the necessary competence, training and authority to carry out that role. By way of derogation regarding high-risk AI systems within the scope of Regulation (EU) 2017/745 and Regulation (EU) 2017/746 of the European Parliament and of the Council, the established benefit-risk ratio requirements under the sectoral medical device legislation should apply.
Amendment 645 #
2021/0106(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) High-risk AI systems should perform consistently throughout their lifecycltime and meet an appropriate level of accuracy, robustness and cybersecurity in accordance with the generally acknowledged state of the art. The level of accuracy and accuracy metrics should be communicated to the users. While standardisation organisations exist to establish standards, coordination on benchmarking is needed to establish how these standards should be met and measured. The European Artificial Intelligence Board should bring together national metrology and benchmarking authorities and provide guidance to address the technical aspects of how to measure the appropriate levels of accuracy and robustness. Their work should not be seen as a replacement of the standardisation organisations, but as a complementary function to provide specific technical expertise on measurement.
Amendment 649 #
2021/0106(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Cybersecurity plays a crucial role in ensuring that AI systems are resilient against attempts to alter their use, behaviour, performance or compromise their security properties by malicious third parties exploiting the system’s vulnerabilities. Cyberattacks against AI systems can leverage AI specific assets, such as training data sets (e.g. data poisoning) or trained models (e.g. adversarial attacks), or exploit vulnerabilities in the AI system’s digital assets or the underlying ICT infrastructure. To ensure a level of cybersecurity appropriate to the risks, suitabletate-of-the-art measures should therefore be taken into account by the providers of high-risk AI systems, but also taking into account asby the national competent authorities, market surveillance authorities and notified bodies that are accessing the data of providers of high-risk AI systems, next to appropriate the underlying ICT infrastructure. It should be further taken into account that AI in the form of machine learning is a critical defence against malware representing a legitimate interest of the AI user.
Amendment 671 #
2021/0106(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) In the light of the complexity of the artificial intelligence value chain, relevant third parties, notably the ones involved in the sale and the supply of software, software tools and components, pre-trained models and data, or providers of network services, should cooperate, as appropriate, with providers and users to enable their compliance with the obligations under this Regulation and with competent authorities established under this Regulation. This provision shall qualify as a legal obligation in the context of the processing of personal data where necessary for the cooperation between the relevant providers.
Amendment 678 #
2021/0106(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) In order to ensure a high level of trustworthiness of high-risk AI systems, those systems should be subject to a conformity assessment prior to their placing on the market or putting into service. AI systems, including general purpose AI systems, that may not necessarily be high-risk, are frequently used as components of other AI or non-AI software systems. In order to increase trust in the value chain and to give certainty to businesses about the performance of their systems, providers may voluntarily apply for a third-party conformity assessment.
Amendment 687 #
2021/0106(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) In order to carry out third-party conformity assessment for AI systems intended to be used for the remote biometric identification of persons, notified bodies should be designated under this Regulation by the national competent authorities, provided they are compliant with a set of requirements, notably on independence, competence and, absence of conflicts of interests and minimum cybersecurity requirements.
Amendment 691 #
2021/0106(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) In line with the commonly established notion of substantial modification for products regulated by Union harmonisation legislation, it is appropriate that an AI system undergoes a new conformity assessment whenever a change occurs which may create a new or increased risk and significantly affect the compliance of the system with this Regulation or when the intended purpose of the system changes. If such a case materialises, the provider should follow a clear procedure with fixed deadlines, transparency requirements and reporting duties involving, where appropriate and applicable, external oversight by notified bodies or, where it is covered already under the relevant sectoral legislation, post market monitoring if that is needed. In addition, as regards AI systems which continue to ‘learn’ after being placed on the market or put into service (i.e. they automatically adapt how functions are carried out), it is necessary to provide rules establishing that changes to the algorithm and its performance that have been pre- determinconsidered by the provider and assessed at the moment of the conformity assessment should not constitute a substantial modification. In addition, it should not be considered a substantial modification if the user trains an AI system. In this situation, the user should clearly delimit the effects that the learning can have for the AI system. The notion of substantial modification should be assessed in light of the essential requirements set in this Regulation and be left to the manufacturer to determine if a modification is deemed to be substantial.
Amendment 696 #
2021/0106(COD)
Proposal for a regulation
Recital 66 a (new)
Recital 66 a (new)
(66 a) To prevent any deterioration in the expected safety of the algorithm subject to significant changes independent of the providers control, a clearly developed plan to address such significant changes should be subject to oversight by the relevant competent authorities or notified bodies when it is already addressed in principle in the respective sectoral Union harmonisation legislation regarding post- market monitoring
Amendment 710 #
2021/0106(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) Certain AI systems intended to interact with natural persons or to generate content may pose specific risks of impersonation or deception irrespective of whether they qualify as high-risk or not. In certain circumstances, the use of these systems should therefore be subject to specific transparency obligations without prejudice to the requirements and obligations for high-risk AI systems. In particular, natural persons should be notified that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use or where the content forms part of an evidently creative, satirical, artistic or fictional cinematographic, video game visuals or analogous work. Moreover, natural persons should be notified when they are exposed to an emotion recognition system or a biometric categorisation system. Such information and notifications should be provided in accessible formats for persons with disabilities. Further, users, who use an AI system to generate or manipulate image, audio or video content that appreciably resembles existing persons, places or events and would falsely appear to a person to be authentic, should disclose in an appropriate, clear and visible manner that the content has been artificially created or manipulated by labelling the artificial intelligence output accordingly and disclosing its artificial origin.
Amendment 716 #
2021/0106(COD)
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
(70 a) In light of the nature and complexity of the value chain for AI systems, it is essential to clarify the role of humans who may contribute to the development of AI systems covered by this Regulation, without being providers, no longer being providers or when other natural or legal persons have also become providers. Therefore, it is particularly important to clarify the legal situation when it comes to general purpose AI systems. Those AI system are able to perform generally applicable functions such as image/speech recognition, audio/video generation, pattern detection, question answering or translation in a plurality of contexts. Every natural or legal person can become a new provider by adapting a general purpose AI system, already placed on the market or put into service, to a specific intended purpose. Due to their peculiar nature and in order to ensure a fair sharing of responsibilities along the AI value chain, such general purpose AI system should however already be subject to proportionate and tailored requirements and obligations under this Regulation even before placing it on the Union market or putting it into service. The original provider of a general purpose AI system should furthermore cooperate, as appropriate, with the new provider to enable its compliance with the relevant obligations under this Regulation.
Amendment 729 #
2021/0106(COD)
Proposal for a regulation
Recital 73
Recital 73
(73) In order to promote and protect innovation, it is important that the interests of small-scaleSME providers and users of AI systems are taken into particular account. To this objective, AI solutions and services designed to combat fraud and protect consumers against fraudulent activities should not be considered high-risk, nor be prohibited. As a matter of substantial public interest, it is vital that this Regulation does not undermine the incentive of industry to create and roll out solutions designed to combat fraud across the Union. Furthermore, Member States should develop initiatives, which are targeted at those operators, including on awareness raising and information communication. Moreover, the specific interests and needs of small-scaleSME providers shall be taken into account when Notified Bodies set conformity assessment fees. Translation costs related to mandatory documentation and communication with authorities may constitute a significant cost for providers and other operators, notably those of a smaller scale. Member States should possibly ensure that one of the languages determined and accepted by them for relevant providers’ documentation and for communication with operators is one which is broadly understood by the largest possible number of cross-border users. Member States should also be encouraged to do the same for small and medium enterprises, which may sometimes lack the requisite administrative and legal resources to ensure proper understanding and compliance with the provisions under this act. In the event that Member States request it, the Commission may also provide assistance in this regard.
Amendment 735 #
2021/0106(COD)
Proposal for a regulation
Recital 74
Recital 74
(74) In order to minimise the risks to implementation resulting from lack of knowledge and expertise in the market as well as to facilitate compliance of providers and notified bodies with their obligations under this Regulation, Member States should utilise existing dedicated channels for communication with SMEs and start-ups. Such existing channels could include but are not limited to ENISA’s Computer Security Incident Response Teams, National data protection agencies, the AI- on demand platform, the European Digital Innovation Hubs and the Testing and Experimentation Facilities established by the Commission and the Member States at national or EU level should possibly contribute to the implementation of this Regulation. Within their respective mission and fields of competence, they may provide in particular technical and scientific support to providers and notified bodies.
Amendment 743 #
2021/0106(COD)
Proposal for a regulation
Recital 76 a (new)
Recital 76 a (new)
(76 a) The Commission should re- establish the High Level Expert Group or a similar body with a new and balanced membership comprising an equal number of experts from SMEs and start-ups, large enterprises, academia and Research, and civil society. This new High Level Expert Group should not only act as advisory body to the Commission but also to the Board. At least every quarter, the new High Level Expert Group must have the chance to share its practical and technical expertise in a special meeting with the Board.
Amendment 755 #
2021/0106(COD)
Proposal for a regulation
Recital 80
Recital 80
(80) Union legislation on financial services includes internal governance and risk management rules and requirements which are applicable to regulated financial institutions in the course of provision of those services, including when they make use of AI systems. In order to ensure coherent application and enforcement of the obligations under this Regulation and relevant rules and requirements of the Union financial services legislation, the competent authorities responsible for the supervision and enforcement of the financial services legislation, including where applicable the European Central Bankcompetent authorities as defined in Directive 2013/36/EU of the European Parliament and of the Council, should be designated as competent authorities for the purpose of supervising the implementation of this Regulation, inexcluding for market surveillance activities, as regards AI systems provided or used by regulated and supervised financial institutions. To further enhance the consistency between this Regulation and the rules applicable to credit institutions regulated under Directive 2013/36/EU of the European Parliament and of the Council56 , it is also appropriate to integrate certain aspects of the conformity assessment procedure and some of the providers’ procedural obligations in relation to risk management, post marketing monitoring and documentation into the existing obligations and procedures under Directive 2013/36/EU. In order to avoid overlaps, limited derogations should also be envisaged in relation to the quality management system of providers and the monitoring obligation placed on users of high-risk AI systems to the extent that these apply to credit institutions regulated by Directive 2013/36/EU. _________________ 56 Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).
Amendment 763 #
2021/0106(COD)
Proposal for a regulation
Recital 84
Recital 84
(84) Member States should take all necessary measures to ensure that the provisions of this Regulation are implemented, including by laying down effective, proportionate and dissuasive penalties for their infringement. For certain specific infringements, Member States should take into account the margins and criteria set out in this Regulation. The European Data Protection Supervisor should have the power to impose fines on Union institutions, agencies and bodies falling within the scope of this Regulation. The penalties and litigation costs under this Regulation should not be subject to contractual clauses or any other arrangements.
Amendment 799 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point e
Article 1 – paragraph 1 – point e
(e) rules on market monitoring and, market surveillance. and governance;
Amendment 800 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point e a (new)
Article 1 – paragraph 1 – point e a (new)
(e a) measures in support of innovation with a particular focus on SMEs and start-ups, including but not limited to setting up regulatory sandboxes and targeted measures to reduce the compliance burden on SME’s and start- ups;
Amendment 806 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point e b (new)
Article 1 – paragraph 1 – point e b (new)
(e b) the establishment of an independent ‘European Artificial Intelligence Board’ and its activities supporting the enforcement of this Regulation.
Amendment 818 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) users of AI systems locatwho are physically present or established within the Union;
Amendment 824 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) providers and users of AI systems that are located in a third country, where the output, meaning predictions, recommendations or decisions, produced by the AI system is used in the Unionand influencing the environment it interacts with, is intended for use in the Union and puts at risk the health, safety or fundamental rights of natural persons physically present in the Union, insofar as the provider has permitted, is aware or can reasonably expect such use;
Amendment 830 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(c a) importers, distributors and authorised representatives of providers of AI-systems.
Amendment 843 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. For high-risk AI systems that are safety components of products or systems, or which are themselves products or sSystems, and that falling within the scope of the following actslisted Acts in Annex II - Section B, only Article 84 of this Regulation shall apply:.
Amendment 846 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 848 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 850 #
2021/0106(COD)
Amendment 852 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
Amendment 854 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
Amendment 855 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
Amendment 858 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point g
Article 2 – paragraph 2 – point g
Amendment 859 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point h
Article 2 – paragraph 2 – point h
Amendment 869 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. This Regulation shall not apply to AI systems developed or used exclusively for military or national security purposes.
Amendment 875 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3 a. Title III of this Regulation shall not apply to AI systems that are used in a business-to-business environment and do not directly impact natural persons.
Amendment 888 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5 a. This Regulation shall not affect any research, testing and development activity regarding an AI system prior to this system being placed on the market or put into service.
Amendment 892 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 5 b (new)
Article 2 – paragraph 5 b (new)
5 b. This Regulation shall not apply to AI systems, including their output, specifically developed and put into service for the sole purpose of scientific research, testing and development. The Commission may adopt delegated acts that clarify this exemption.
Amendment 906 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means softwarea machine-based system that is developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they intis capable of influencing the environment by producing an output(predictions, recommendations, or decisions) for a given set of objectives. It uses machine and/or human-based data and inputs to (i) perceive real and/or virtual environments; (ii) abstract these perceptions into models through analysis in an automated manner (e.g. with machine learning), or manually; and (iii) use model inference to formulate options for outcomes. AI systems are designed to operacte with varying levels of autonomy;
Amendment 924 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1 a) ‘machine learning’ means an AI system that gives computers the ability to find patterns in data without being explicitly programmed for a given task;
Amendment 925 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 b (new)
Article 3 – paragraph 1 – point 1 b (new)
(1 b) 'general purpose AI system' means an AI system that - irrespective of the modality in which it is placed on the market or put into service including as open source software - is able to perform generally applicable functions such as image or speech recognition, audio or video generation, pattern detection, question answering, translation or others; a general purpose AI system may be used in a plurality of contexts and may be integrated in a plurality of other AI systems;
Amendment 927 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 c (new)
Article 3 – paragraph 1 – point 1 c (new)
(1 c) ‘autonomous’ means an AI-system that operates by interpreting certain input and results and by using a set of pre- determined objectives, without being limited to such instructions, despite the system’s behaviour being constrained by, and targeted at, fulfilling the goal it was given and other relevant design choices made by its provider;
Amendment 928 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 d (new)
Article 3 – paragraph 1 – point 1 d (new)
(1 d) ‘risk’ means the combination of the probability of occurrence of a harm and the severity of that harm;
Amendment 929 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 e (new)
Article 3 – paragraph 1 – point 1 e (new)
(1 e) ‘harm’ means an adverse impact affecting the health, safety or fundamental rights of a natural person;
Amendment 931 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘provider’ means a natural or legal person, public authority, agency or other body that develops an AI system or that has an AI system developed with a view to placing itplaces an AI system on the market or puttings it into service under its own name or trademark, whether for payment or free of charge or that adapts general purpose AI systems to an intended purpose;
Amendment 934 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2 a (new)
Article 3 – paragraph 1 – point 2 a (new)
(2 a) ‘new provider’ means a natural or legal person that becames provider for the purposes of this Regulation due to one of the circumstances referred to in Art 23a(1).
Amendment 935 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2 b (new)
Article 3 – paragraph 1 – point 2 b (new)
Amendment 936 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2 c (new)
Article 3 – paragraph 1 – point 2 c (new)
(2 c) ‘original provider’ means a provider of a general purpose AI system, who has made available the AI system to a natural or legal person that itself became a provider by giving an intended purpose to the general purpose AI system;
Amendment 938 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
Amendment 945 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘usdeployer’ means any natural or legal person, public authority, agency or other body using an AI system under its authority, except where the AI system is used in the course of a personal non- professional activity;
Amendment 952 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘authorised representative’ means any natural or legal person physically present or established in the Union who has received and accepted a written mandate from a provider of an AI system to, respectively, perform and carry out on its behalf the obligations and procedures established by this Regulation;
Amendment 954 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
(5 a) ‘product manufacturer’ means a manufacturer within the meaning of any of the Union harmonisation legislation listed in Annex II;
Amendment 955 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘importer’ means any natural or legal person physically present or established in the Union that places on the market or puts into service an AI system that bears the name or trademark of a natural or legal person established outside the Union;
Amendment 956 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
(7 a) ‘economic operator’ means the provider, the authorised representative, the importer and the distributor;
Amendment 957 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘operator’ means the provider, the user, the authorised representative, the importer and the distributoeconomic operator and the user;
Amendment 973 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘reasonably foreseeable misuse’ means the use of an AI system in a way that is not in accordance with its intended purpose and with the specific context and conditions of use established by the provider, but which may result from reasonably foreseeable human behaviour or interaction with other systems;
Amendment 982 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
(14) ‘safety component of a product or system’ means, in line with the relevant Union harmonisation legislation listed in Annex II, a component of a product or of a system which fulfils a direct and critical safety function for that product or system sor the failure or malfunctioning of whichat its malfunction endangers the health and safety of persons or property;
Amendment 987 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
(15) ‘instructions for use’ means the information provided by the provider to inform the user of in particular an AI system’s intended purpose and proper use, inclusive of the specific geographical, behavioural or functional setting within which the high-risk AI system is intended to be used;
Amendment 991 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘recall of an AI system’ means any measure aimed at achieving the return to the provider or taking it out of service or disable the use of an AI system made available to users;
Amendment 993 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 17
Article 3 – paragraph 1 – point 17
(17) ‘withdrawal of an AI system’ means any measure aimed at preventing the distribution, disan AI system in the supplay and offer of an AI systemchain being made available on the market;
Amendment 998 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 20
Article 3 – paragraph 1 – point 20
(20) ‘conformity assessment’ means the process of verifydemonstrating whether the requirements set out in Title III, Chapter 2 of this Regulation relating to an AI system have been fulfilled;
Amendment 1000 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 22
Article 3 – paragraph 1 – point 22
(22) ‘notified body’ means a conformity assessment body designatnotified in accordance with Art 32 of this Regulation and with other relevant Union harmonisation legislation;
Amendment 1007 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
(23) ‘substantial modification’ means a change to the AI system following its placing on the market or putting into service, not foreseen by the provider, which affects the compliance of the AI system with the requirements set out in Title III, Chapter 2 of this Regulation or results in a modification to the intended purpose for which the AI system has been assessed;
Amendment 1010 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24
Article 3 – paragraph 1 – point 24
(24) ‘CE marking of conformity’ (CE marking) means a physical or electronic marking by which a provider indicates that an AI system is in conformity with the requirements set out in Title III, Chapter 2 of this Regulation and other applicable Union legislation harmonising the conditions for the marketing of products (‘Union harmonisation legislation’) providing for its affixing as well as the GDPR;
Amendment 1012 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 28
Article 3 – paragraph 1 – point 28
(28) ‘common specifications’ means a document, other than a standard, containing technical solutions comprising a set of technical specifications, other than a standard, providing a means to, comply with certain requirements and obligations established under this Regulation;
Amendment 1018 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 30
Article 3 – paragraph 1 – point 30
(30) ‘machine learning validation data’ means data used for providing an evaluation of the trained AI system and for tuning its non-learnable parameters and its learning process, among other things, in order to prevent overfitting; whereas the validation dataset can be a separate dataset or part of the training dataset, either as a fixed or variable split;
Amendment 1021 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 31
Article 3 – paragraph 1 – point 31
(31) ‘testing data’ means data used for providing an independent evaluation of the trained and validated AI system in order to confirm the expected performance of that system before its placing on the market or putting into service. The testing data must be a separate dataset;
Amendment 1035 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 34
Article 3 – paragraph 1 – point 34
(34) ‘emotion recognition system’ means an AI system for the purpose of identifying or inferring emotions or intentions of natural persons on the basis of their biometric dataor other data obtained, read or interpreted from an individual;
Amendment 1059 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36
Article 3 – paragraph 1 – point 36
(36) ‘remote biometric identification system’ means an AI system for the purpose of identifying natural persons at a physical distance through thea “one to many” comparison of awhere the person’s biometric data with the biometric data contained in a reference database, and without prior knowledge of the user of the AI system whether the person will be present and can be identified identified do not claim to have a particular identity but where the identity is otherwise established - without the conscious cooperation of these persons - by matching live templates with templates stored in a template database;
Amendment 1062 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36 a (new)
Article 3 – paragraph 1 – point 36 a (new)
(36 a) ‘at a distance’ means the process of identification, verification or authentication in physical distance with indirect interaction with the data subject or without;
Amendment 1068 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 39
Article 3 – paragraph 1 – point 39
(39) ‘publicly accessible space’ means any physical place accessible to the public, regardless of whether certain conditions for access may applyublicly or privately owned physical place accessible to an undetermined number of natural persons, regardless of whether certain conditions or circumstances for access have been predetermined, and regardless of the potential capacity restrictions;
Amendment 1075 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 41
Article 3 – paragraph 1 – point 41
(41) ‘law enforcement’ means activities carried out by law enforcement authorities or on their behalf for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;
Amendment 1079 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 43
Article 3 – paragraph 1 – point 43
Amendment 1083 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 – introductory part
Article 3 – paragraph 1 – point 44 – introductory part
(44) ‘serious incident’ means any incident that directly or indirectly leads, might have led or might lead to any of the following:
Amendment 1088 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 – point a
Article 3 – paragraph 1 – point 44 – point a
(a) the death of a person or serious damage to a person’s health, to property or the environment,
Amendment 1099 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 a (new)
Article 3 – paragraph 1 – point 44 a (new)
(44 a) ‘regulatory sandbox’ means a framework which, by providing a structured context for experimentation, enable where appropriate in a real-world or digital environment the testing of innovative technologies, products, services or approaches for a limited time and in a limited part of a sector or area under regulatory supervision ensuring that appropriate safeguards are in place;
Amendment 1110 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 b (new)
Article 3 – paragraph 1 – point 44 b (new)
(44 b) ‘deep fake’ means manipulated or synthetic audio, image or video content that would falsely appear to be authentic or truthful, and which features depictions of persons appearing to say or do things they did not say or do, without their consent, produced using AI techniques, including machine learning and deep learning;
Amendment 1118 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 c (new)
Article 3 – paragraph 1 – point 44 c (new)
(44 c) ‘incident’ means a faulty operation of an AI system;
Amendment 1121 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 d (new)
Article 3 – paragraph 1 – point 44 d (new)
(44 d) ‘personal data’ means data as defined in point (1) of Article 4 of Regulation (EU) 2016/679;
Amendment 1123 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 e (new)
Article 3 – paragraph 1 – point 44 e (new)
(44 e) ‘non-personal data’ means data other than personal data as defined in point (1) of Article 4 of Regulation (EU) 2016/679;
Amendment 1124 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 f (new)
Article 3 – paragraph 1 – point 44 f (new)
(44 f) ‘critical infrastructure’ means an asset, system or part thereof which is neccesary for the delivery of a service that is essential for the maintenance of vital societal functions or economic activities within the meaning of Article 2 (4) and (5) of Directive of the European Parliament and of the Council on the resilience of critical entities (2020/0365 (COD));
Amendment 1126 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 g (new)
Article 3 – paragraph 1 – point 44 g (new)
(44 g) ‘harmful subliminal technique’ means a measure whose existence and operation is entirely imperceptible by a natural person on whom it is used, and which has the purpose and direct effect to induce actions leading to that persons physical or phychological harm;
Amendment 1127 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 h (new)
Article 3 – paragraph 1 – point 44 h (new)
(44 h) 'unfair bias' means an inclination of prejudice towards or against a natural person that can result in discriminatory and/or unfair treatment of some natural persons with respect to others.
Amendment 1135 #
2021/0106(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the list of techniques and approaches listed in Annex I, in order to update that list to market and technological developments on the basis of characteristics that are similar to the techniques and approaches listed therein, after ensuring adequate consultation with relevant stakeholders, to amend the list of techniques and approaches listed in Annex I within the scope of the definition of an AI system as provided for in Article 3(1), in order to update that list to market and technological developments on the basis of transparent criteria. Every time the list of techniques and approaches listed in Annex I is amended, providers and users of AI systems, which become in scope of the Regulation shall have 24 months to apply the relevant requirements and obligations. Article 83 shall apply for AI systems already placed on the market before delegated acts are published.
Amendment 1138 #
2021/0106(COD)
The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the list of techniques and approaches listed in Annex I, in order to update that list to market and technological developments on the basis of characteristics that are similar to the techniques and approaches listed therein. As an adequate transitional period, two years shall be applied to each amendment.
Amendment 1144 #
2021/0106(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Trustworthy AI systems 1. The principles set out in this Article establish a high-level framework for a coherent and coordinated human-centric European approach on trustworthy AI systems that respect and promote the values on which the Union is founded. This Regulation takes those principles into account by establishing certain requirements for high-risk AI systems listed in Article 8 to 15. • ‘human agency and oversight’ means that AI systems shall be developed and used as a tool that serves people, respects human dignity and personal autonomy, and that is functioning in a way that can be controlled and overseen by humans in a manner that is appropriate to the circumstances of the case. • ‘technical robustness and safety’ means that AI systems shall be developed and used in a way to minimize unintended and unexpected harm as well as being robust in case of problems and being resilient against attempts to alter the use or performance of the AI system by malicious third parties. • ‘privacy and data governance’ means that AI systems shall be developed and used in compliance with existing privacy and data protection rules, while processing data that meets high standards in terms of quality and integrity. • ‘transparency’ means that AI systems shall be developed and used in a way that allows appropriate traceability and explainability, while making humans Aware that they communicate or interact with an AI system as well as duly informing users of the capabilities and limitations of that AI system. • ‘diversity, non-discrimination and fairness’ means that AI systems shall be developed and used in a way that includes diverse actors and promotes equal access, while avoiding discriminatory impacts that are prohibited by Union or Member States law. • ‘social and environmental well-being’ means that AI systems shall be developed and used in a sustainable and environmentally friendly manner as well as in away to benefit all human beings, while monitoring and assessing the long- term impacts on the individual, society and democracy. • ‘accountability’ means that AI systems shall be developed or used in a way that facilitates auditability and accountability pursuant to applicable Union and Member States law, while making clear who is legally responsible in case the AI system causes negative impacts. 2. Paragraph 1 is without prejudice to obligations set up by existing Union and Member States legislation and does not create any additional obligations for providers or users. 3. European Standardisation Organisations shall understand the principles referred to in paragraph 1 as outcome-based objectives when developing the appropriate harmonised standards for high risk AI systems as referred to in Article 40(2b). For all other AI systems, the voluntary application on the basis of harmonised standards, technical specifications and codes of conducts as referred to in Article 69(1a) is encouraged.
Amendment 1166 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order towith the objective to significantly and materially distorting a person’s behaviour in a manner that causes or is likely toor directly causeing that person or another person physical or psychologsignificalnt harm;
Amendment 1184 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the placing on the market, putting into service or use of an AI system that exploits any of the vulnerabilities of a specific group of persons due to their age, physical or mental disability, in order towith the objective to or the effect of materially distorting the behaviour of a person pertaining to that group in a manner that causes or is likely to directly cause that person or another person physical or psychologsignificalnt harm;
Amendment 1209 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c – point i
Article 5 – paragraph 1 – point c – point i
(i) detrimental or unfavourable treatment of certain natural persons or whole groups thereof in social contexts which are unrelated to the contexts in which the data was originally generated or collected;
Amendment 1219 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c – point ii
Article 5 – paragraph 1 – point c – point ii
(ii) detrimental or unfavourable treatment of certain natural persons or whole groups thereof that is unjustified or disproportionate to their social behaviour or its gravity;
Amendment 1240 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – introductory part
Article 5 – paragraph 1 – point d – introductory part
(d) the use of ‘real-time’ remote biometric identification function of an AI systems in publicly accessible spaces for the purpose of law enforcementby law enforcement or on their behalf, unless and in as far as such use is strictly necessary used for one of the following objectives:
Amendment 1266 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point ii
Article 5 – paragraph 1 – point d – point ii
(ii) the prevention of a specific, and substantial and imminent threat to the lifecritical infrastructure, life, health or physical safety of natural persons or of a terrorist attack;
Amendment 1280 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point iii
Article 5 – paragraph 1 – point d – point iii
(iii) the detection, localisation, or identification or prosecution of a perpetrator or suspect of a criminalf a natural person for the purpose of conducting a criminal investigation, prosecution or exeuting a criminal penalty for offences referred to in Article 2(2) of Council Framework Decision 2002/584/JHA62 and punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least three years, or other specific offences punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least five years as determined by the law of that Member State. _________________ 62 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).
Amendment 1373 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 3 – introductory part
Article 5 – paragraph 3 – introductory part
3. As regards paragraphs 1, point (d) and 2, each individual use for the purpose of law enforcement of a ‘real-time’ remote biometric identification system in publicly accessible spaces shall be subject to a prior authorisation granted by a judicial authority or by an independent administrative authority of the Member State in which the use is to take place, issued upon a reasoned request and in accordance with the detailed rules of national law referred to in paragraph 4. However, in a duly justified situation of urgency, the use of the system may be commenced without an authorisation and theif such authorisation may beis requested only during or after the usewithout undue delay, and, if such authorisation is rejected, the system’s use is stopped with immediate effect.
Amendment 1391 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. A Member State may decide to provide for the possibility to fully or partially authorise the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement within the limits and under the conditions listed in paragraphs 1, point (d), 2 and 3. That Member State shall lay down in its national law the necessary detailed rules for the request, issuance and exercise of, as well as supervision and reporting relating to, the authorisations referred to in paragraph 3. Those rules shall also specify in respect of which of the objectives listed in paragraph 1, point (d), including which of the criminal offences referred to in point (iii) thereof, the competent authorities may be authorised to use those systems for the purpose of law enforcement.
Amendment 1414 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Irrespective of whether an AI system is placedAn AI system that is itself a product shall be considered as high risk AI system if, under the applicable Union harmonisation legislation listed in Annex II, it is classified as high-risk AI system or an equivalent thereof and has to undergo a third-party conformity assessment for meeting essential safety requirements prior to placing it on the market or putting it into service independently from the products referred to in points (a) and (b), that AI system shall be considered high-risk where both. An AI system intended to be used as a core and essential safety component of a product under the applicable Union harmonisation legislation listed in Annex II, shall be considered as high risk if such Union harmonisation legislation classifies it as high-risk or an equivalent thereof and requires it to undergo a third-party conformity assessment for meeting essential safety requirements with a view to placing it on the market or putting it into service. The high-risk classification set in paragraph 1 shall not impact or determine the outcome of othe following conditions are fulfilled:r risk classification procedures established in Union harmonisation legislation listed in Annex II
Amendment 1417 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 1428 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 1436 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In addition to the high-risk AI systems referred to in paragraph 1, each AI systems referred to in Annex III shall also be considered high-risk with an intended purpose - as specified in its instruction to use in accordance with Art 3(12) and Art 13(2) - that means that it will be deployed in a way that falls under one of the critical use cases referred to in Annex III shall also be considered high-risk if that AI system will make a final decision that puts significantly at risk the health, safety or fundamental rights of natural persons.
Amendment 1445 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
Amendment 1467 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Commission is empowered to adopt delegated acts in accordance with Article 73, after ensuring adequate consultation with relevant stakeholders, to update the list in Annex III by adding high- risk AI systems where both of the following conditions are fulfilled:
Amendment 1484 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the AI systems pose a serious risk of harm to the health and safety, or a serious risk of adverse impact on fundamental rights, that is, in respect of its severity and probability of occurrence, equivalent to or greater than the risk of harm or of adverse impact posed by the high-risk AI systems already referred to in Annex III.
Amendment 1497 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a a (new)
Article 7 – paragraph 2 – point a a (new)
(a a) the general capabilities and functionalities of the AI system independent of its intended purpose;
Amendment 1501 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b a (new)
Article 7 – paragraph 2 – point b a (new)
(b a) the extent to which the AI system acts with a certain level of autonomy;
Amendment 1516 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point e
Article 7 – paragraph 2 – point e
(e) the extent to which potentially harmed or adversely impacted persons are dependent on the outcome produced with an AI system with a distinction to be made between an AI system used in an advisory capacity or one used directly to make a decision, in particular because for practical or legal reasons it is not reasonably possible to opt-out from that outcome;
Amendment 1521 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point e a (new)
Article 7 – paragraph 2 – point e a (new)
(e a) the potential misuse and malicious use of the AI system and of the technology underpinning it;
Amendment 1529 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point g
Article 7 – paragraph 2 – point g
(g) the extent to which the outcome produced with an AI system is not easily reversible or remedied, whereby outcomes having an impact on the health or safety of persons shall not be considered as easily reversible;
Amendment 1530 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point g a (new)
Article 7 – paragraph 2 – point g a (new)
(g a) the extent of the availability and use of demonstrated technical solutions and mechanisms for the control, reliability and corrigibility of the AI system;
Amendment 1532 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point g b (new)
Article 7 – paragraph 2 – point g b (new)
(g b) the extent of human oversight and the possibility for a human to intercede in order to override a decision or recommendations that may lead to potential harm;
Amendment 1533 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point g c (new)
Article 7 – paragraph 2 – point g c (new)
(g c) the magnitude and likelihood of benefit of the deployment of the AI system for industry, individuals, or society at large;
Amendment 1534 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point g d (new)
Article 7 – paragraph 2 – point g d (new)
(g d) the reticence risk and/or opportunity costs of not using the AI system for industry, individuals, or society at large;
Amendment 1535 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point g e (new)
Article 7 – paragraph 2 – point g e (new)
(g e) the amount and nature of data processed;
Amendment 1536 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point g f (new)
Article 7 – paragraph 2 – point g f (new)
(g f) the benefits provided by the use of the AI system, including making products safer;
Amendment 1539 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point h – introductory part
Article 7 – paragraph 2 – point h – introductory part
(h) the extent to which existing Union legislation, in particular GDPR, provides for:
Amendment 1548 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. The Commission may remove AI systems from the list in Annex III if the conditions referred to in paragraph 1 are no longer met.
Amendment 1550 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 b (new)
Article 7 – paragraph 2 b (new)
2 b. The Board, notified bodies and other actors may request the Commission to reassess an AI system. The AI system shall then be reviewed for reassessment and may be re-categorized. The Commission shall give reasons for its decision and publish the reasons. The details of the application procedure shall be laid down by the Commission by means of delegated acts in accordance with Article 73.
Amendment 1557 #
2021/0106(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. High-risk AI systems shall comply with the essential requirements established in this Chapter, taking into account the generally acknowledged state of the art, including as reflected in relevant industry and harmonised standards.
Amendment 1569 #
2021/0106(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. AI systems referred to in Article 6 may be wholly or partially exempted from fulfilling the requirements referred to in Articles 8-15 if risks posed by the AI systems are sufficiently eliminated or mitigated through appropriate operational countermeasures or built-in fail-safe systems.
Amendment 1574 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. A risk management system shall be established, implemented, documented and maintained in relation to high-risk AI systems if this system poses a risk of harm to health and safety or a risk of adverse impacts on fundamental rights.
Amendment 1579 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. The risk management system shall consist of a continuous iterative process run throughout the entire lifecycltime of a high- risk AI system, requiring regular systematic updatingreview of the suitability of the risk management process to ensure its continuing effectiveness, and documentation of any decisions and actions taken. It shall comprise the following steps and all of these steps shall be integrated into already existing risk management procedures relating to the relevant Union sectoral legislation to avoid unnecessary bureaucracy:
Amendment 1585 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) identification and analysis of the known and reasonable foreseeable risks associated with eachof harms most likely to occur to the health, safety or fundamental rights in view of the intended purpose of the high-risk AI system;
Amendment 1592 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 1597 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) evaluation of other possibly arising risksnew risks consistent with those described in paragraph (2a) of this Article and identified based on the analysis of data gathered from the post- market monitoring system referred to in Article 61;
Amendment 1600 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point d
Article 9 – paragraph 2 – point d
(d) adoption of suitableappropriate and targeted risk management measures designed to address identified known and foreseeable risks to health and safety or fundamental rights, in accordance with the provisions of the following paragraphs.
Amendment 1603 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The risk management measures referred to in paragraph 2, point (d) shall give due consideration to the effects and possible interactions resulting from the combined application of the requirements set out in this Chapter 2, with a view to treating risks effectively while ensuring an appropriate and proportionate implementation of the requirements. They shall take into account the generally acknowledged state of the art, including as reflected in relevant harmonised standards or common specifications.
Amendment 1611 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. The risk management measures referred to in paragraph 2, point (d) shall be such that any significant residual risk associated with each hazard as well as the overall residual risk ofof the high-risk AI systems is reasonably judged to be acceptable, having regards to the benefits that the high-risk AI systems is judged acceptable,reasonably expected to deliver and provided that the high- risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse. ThoseSignificant residual risks shall be communicated to the user.
Amendment 1616 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Article 9 – paragraph 4 – subparagraph 1 – introductory part
In identifying the most appropriate risk management measures, the following shall be ensuredtaken into account:
Amendment 1618 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) elimination or reduction of risks as far as possible through adequate design and developmentreduction of identified and evaluated risks as far as proportionate and technologically possible in light of the generally acknowledged state of the art and industry standards, through adequate design and development of the high risk AI system in question;
Amendment 1628 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c
Article 9 – paragraph 4 – subparagraph 1 – point c
(c) provision of the required adequate information pursuant to Article 13, in particular as regards the risks referred to in paragraph 2, point (b) of this Article, and, where appropriate, training to users.
Amendment 1634 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
In eliminatseeking tor reducinge risks related to the use of the high-risk AI system, due consideration shall be given toproviders shall take into due consideration the technical knowledge, experience, education, training to be expected by the user andhe user may need, including in relation to the environment in which the system is intended to be used.
Amendment 1641 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. High-risk AI systems shall be tesevaluated for the purposes of identifying the most appropriate and targeted risk management measures. Testing and weighing any such measures against the potential benefits and intended goals of the system. Evaluations shall ensure that high-risk AI systems perform consistently for their intended purpose and they are in compliance with the relevant requirements set out in this Chapter.
Amendment 1648 #
2021/0106(COD)
6. TEvaluation or testing procedures shall be suitable to achieve the intended purpose of the AI system and do not need to go beyond what is necessary to achieve that purpose.
Amendment 1657 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 7
Article 9 – paragraph 7
7. The testing of the high-risk AI systems shall be performed, as appropriate, at any point in time throughout the development process, and, in any event, prior to the placing on the market or the putting into service. Testing shall be made against preliminarilyior defined metrics and, such as probabilistic thresholds that are appropriate to the intended purpose of the high-risk AI system.
Amendment 1661 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 8
Article 9 – paragraph 8
8. When implementing the risk management system described in paragraphs 1 to 7, shall give specific consideration shall be given to whether the high-risk AI system is likely to be accessed by or have an impact on children.
Amendment 1670 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 9
Article 9 – paragraph 9
9. For credit institutions regulated by Directive 2013/36/EUAI systems already covered by Union law that require them to carry out specific risk assessments, the aspects described in paragraphs 1 to 8 shall be part ofcombined with the risk manageassessment procedures established by those institutions pursuant to Article 74 of that Directiveat Union law or deemed to be covered as part of it.
Amendment 1674 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. High-risk AI systems which make use of techniques involving the training of models with data shall be, as far this can be reasonably expected and is feasible from a technical point of view, developed onwith the basis ofest efforts to ensure training, validation and testing data sets that meet the quality criteria referred to in paragraphs 2 to 5.
Amendment 1685 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Training, machine-learning validation and testing data sets shall be subject to appropriate data governance and management practices during the expected lifetime. Those practices shall concern in particular, , where relevant:
Amendment 1688 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) the relevant design choices for training and machine learning validation;
Amendment 1691 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) data collection processes;
Amendment 1692 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) relevant data preparation processing operations, such as annotation, labelling, cleaning, enrichment and aggregation;
Amendment 1696 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
Amendment 1699 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
(f) examination in view of possible biasesunfair biases that are likely to affect the health and safety of persons or lead to discrimination prohibited under Union law;
Amendment 1705 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point g
Article 10 – paragraph 2 – point g
(g) the identification of any possiblesignificant and consequential data gaps or shortcomings, and how those gaps and shortcomings can be addressed.;
Amendment 1709 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point g a (new)
Article 10 – paragraph 2 – point g a (new)
(g a) the presumable context of the use as well as the intended purpose of the AI System.
Amendment 1725 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Training, validation and testing data sets shall be relevant, representative, free of errHigh Risk AI systems should be designed and developed with the best efforts and complete. They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk AI system is intended to be usedto ensure that, where appropriate, training datasets, machine-learning validation and testing data sets are sufficiently accurate, relevant and representative in view of the intended purpose of the AI system. These characteristics of the data sets may be met at the level of individual data sets or a combination thereof.
Amendment 1726 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3 a. In assessing the quality of a data set, account shall be taken to the extent to which the data set is constructed with a view to fulfilling in particular the following aspects: a) provides a similar output for relevant demographic Groups impacted by the system; b) minimizes disparities in outcomes for relevant demographic groups impacted by the system, in case where the system allocates resources or opportunities to natural persons; c) minimizes the potential for stereotyping, demeaning, or erasing relevant demographic groups impacted by the system where the system describes, depicts, or otherwise represents people, cultures, or society.
Amendment 1727 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 1733 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4 a. The processing of personal data to train, validate and test data sets of an AI system in order to meet the requirements of this Regulation shall be lawful for the purpose of the legitimate interest of the provider as referred to in Article 6(1f) GDPR or in accordance with Article 6(4) GDPR subject to appropriate safeguards in line with Article 89 GDPR for ensuring to the extent necessary and proportionate one or more of the following objectives: a) national and common security; b) functioning of the internal market; c) prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security; d) exercise of public authorities’ official mission, such as tax and customs authorities, financial investigation units, independent administrative authorities, or financial market authorities responsible for the regulation and supervision of securities markets should not be regarded as recipients if they process personal data to train, validate and test an AI system which are necessary to carry out a particular inquiry in the general interest, in accordance with Union or Member State law; e) network and information security to the extent necessary and proportionate for this purpose; f) protection of an interest which is essential for the life of the data subject or that of another natural person, in particular where it is necessary for reasons of public interest in the areas of public health.
Amendment 1738 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. To the extent that it is strictly necessary for the purposes of ensuring bias monitoring, detection and correction in relation to the high-risk AI systems, the providers of such systems maywill have a legal basis and necessary exception to process special categories of personal data referred to in Article 9(1) of Regulation (EU) 2016/679, Article 10 of Directive (EU) 2016/680 and Article 10(1) of Regulation (EU) 2018/1725, subject to appropriate safeguards for the fundamental rights and freedoms of natural persons, including technical limitations on the re-use and use of state-of-the-art: (i) state-of-the-art security and privacy- preserving measures, such as data- minimization, pseudonymisation, encryption, and where anonymisation may significantly affect the purpose pursued; (ii) measures ensuring availability and resilience of processing systems and services, and the ability to restore the availability and access to specuritial category personal data in a timely mand privacy- preserving measures, such as pseudonymisation, or encryption where anonymisation may significantly affect the purpose pursuedner in the event of a physical or technical incident; (iii) processes for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures in order to ensure the security of the processing; (iv) measures for user identification, authorisation, protection of data during transmission, protection of data during storage, ensuring physical security of locations at which personal data are processed, internal IT and IT security governance and management, certification/assurance of processes and products; (v) measures for ensuring data minimisation, data quality, limited data retention, and data portability and ensuring erasure.
Amendment 1743 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 6 a (new)
Article 10 – paragraph 6 a (new)
6 a. Providers and user may comply with the obligations set out in this Article through the use of third-parties that offer certified compliance services including verification of data governance, data set integrity, and data training, validation and testing practices.
Amendment 1745 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 6 b (new)
Article 10 – paragraph 6 b (new)
Amendment 1748 #
2021/0106(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. The technical documentation of a high-risk AI system shall be drawn up, where possible, relevant, and without compromising intellectual property rights or trade secrets, before that system is placed on the market or put into service and shall be kept up-to date.
Amendment 1750 #
2021/0106(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The technical documentation shall be drawn up, where possible, relevant, and without compromising intellectual property rights or trade secrets, in such a way to demonstrate that the high-risk AI system complies with the requirements set out in this Chapter and provide national competent authorities and notified bodies with all the necessary information to assess the compliance of the AI system with those requirements. It shall contain, at a minimum, the elements set out in Annex IV or in the case of SME’s and start-ups, any equivalent documentation meeting the same objectives, subject to approval of the competent national authority.
Amendment 1758 #
2021/0106(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where a high-risk AI system related to a product, to which the legal acts listed in Annex II, section A apply, is placed on the market or put into service only one single and appropriate technical documentation shall be drawn up for each product, containing all the information set out in Annex IV as well as the information required under those legal acts.
Amendment 1761 #
2021/0106(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. To ensure that a single technical documentation is possible, terms and definitions related to this required documentation and any required documentation in the appropriate Union sectoral legislation shall be aligned as much as possible;
Amendment 1767 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. High-risk AI systems shall be designed and developed with capabilities enabling the automatic recording of events (‘logs’) while the high-risk AI systems is operating. Those logging capabilities shall conform to recognised standards or common specificationstechnically allow the automatic recording of events (‘logs’) over the durations of the lifetime of the system.
Amendment 1771 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The logging capabilities shallIn order to ensure a level of traceability of the AI system’s functioning throughout its lifecycle that is appropriate to the intended purpose of the systemwhich is appropriate to the intended purpose of the system, the logging capabilities shall enable the recording of events relevant for the identification of situations that may: (i) result in the AI system presenting a risk within the meaning of Article 65 (1);or (ii) lead to a substantial modification that facilitates the post market monitoring referred to in Article 61.
Amendment 1776 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 1779 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 1789 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way to ensure that their operation is sufficiently transparent to enable users to interpret the system’s output and use it appropriatelyreasonably understand the system’s functioning. An appropriate type and degree of transparency shall be ensured, depending on the intended purpose of the system, with a view to achieving compliance with the relevant obligations of the user and of the provider set out in Chapter 3 of this TitleArticle 16 and Article 29 of this Title. The explanation shall be provided at least in the language of the country where the AI system is deployed. Transparency shall thereby mean that, to the extent that can be reasonably expected and is feasible in technical terms at the time when the AI system is placed on the market, the AI system is interpretable to the provider, in that the provider can understand the rationale of decisions taken by the high risk AI system, while enabling the user to understand and use the AI system appropriately, by generally knowing how the AI system works and what data it processes.
Amendment 1792 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. High-risk AI systems shall be accompanied by comprehensible instructions for use in an appropriate digital format or made otherwise available that include concise, complete, correct and clear information that ishelps supporting informed decision-making by users and is reasonably relevant, accessible and comprehensible to users.
Amendment 1795 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – introductory part
Article 13 – paragraph 3 – introductory part
3. To the extent neccessary to achieve the outcomes referred to in paragraph 1, the information referred to in paragraph 2 shall specify:
Amendment 1796 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point a
Article 13 – paragraph 3 – point a
(a) the identity and the contact details of the provider and, where applicable, of itstheir authorised representative;
Amendment 1797 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point b – introductory part
Article 13 – paragraph 3 – point b – introductory part
(b) the characteristics, capabilities and limitations of performance of the high-risk AI system, including that are relevant to the material risks associated with the intended purpose, including where appropriate:
Amendment 1798 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point b – point ii
Article 13 – paragraph 3 – point b – point ii
(ii) the level of accuracy, robustness and cybersecurity referred to in Article 15 against which the high-risk AI system has been tested and validated and which can be expected, and any known and foreseeable circumstances that may have an impact on that expected level of accuracy, robustness and cybersecurity, including an overview of the capabilities and performance metrics of the AI system, and of representative use cases based on the intended purpose;
Amendment 1802 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point b – point iii
Article 13 – paragraph 3 – point b – point iii
(iii) anythe known or foreseeable circumstances, related to the use of the high-risk AI system in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, which may lead to risks to the health and safety or fundamental rights, including, where appropriate, illustrative examples of such limitations and of scenarios for which the system should not be used;
Amendment 1804 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point b – point v
Article 13 – paragraph 3 – point b – point v
(v) when appropriate, specifications for therelevant information about user actions that may influence system performance, including type or quality of input data, or any other relevant information in terms of the training, validation and testing data sets used, taking into account the intended purpose of the AI system.
Amendment 1807 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point e a (new)
Article 13 – paragraph 3 – point e a (new)
(e a) a description of the mechanisms included within the AI system that allow users to properly collect, store and interpret the logs in accordance with Art 12(1), where relevant.
Amendment 1811 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. HWhere proportionate to the risks associated with the high-risk system and where technical safeguards are not sufficient, high-risk AI systems shall be designed and developed in such a way, including with appropriate human-machine interface tools, that they can be effectivelyallow informed overseenight by natural persons during the period in which the AI system is in useexpected lifetime of the device. Oversight capabilities should be tailored to the AI system’s intended purpose and the context of use and take into account cases where human oversight may compromise the correct and safe functioning of the AI system.
Amendment 1819 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. HThe degree of human oversight shall be adapted to the specific risks, the level of automation, and context of the AI system and shall be ensured through either one or all of the following types of measures:
Amendment 1823 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point a
Article 14 – paragraph 3 – point a
(a) identified and built, when technically feasible and appropriate, into the high-risk AI system by the provider before it is placed on the market or put into service;
Amendment 1825 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
(b) identified by the provider operationalized before placing the high- risk AI system on the market or putting it into service and that are appropriate to be implemented by the user.;
Amendment 1826 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point b a (new)
Article 14 – paragraph 3 – point b a (new)
(b a) required of the user, if appropriate, for their implementation;
Amendment 1827 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point b b (new)
Article 14 – paragraph 3 – point b b (new)
(b b) included during the development, testing, or monitoring processes.
Amendment 1828 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
Amendment 1829 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – introductory part
Article 14 – paragraph 4 – introductory part
4. The measures referred to For the purpose of implementing paragraph 3 shall enable the individuals 1 to 3, the high-risk AI system shall be provided to the user in such a way that natural persons to whom human oversight is assigned tocan do the following, as appropriate and proportionate to the circumstances and instructions for use and in accordance with industry standards:
Amendment 1831 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point a
Article 14 – paragraph 4 – point a
(a) fulto be aware and sufficiently understand the relevant capacities and limitations of the high-risk AI system and be able to duly monitor its operation, so that signs of anomalies, dysfunctions and unexpected performance can be detected and addressed as soon as possible;
Amendment 1834 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point b
Article 14 – paragraph 4 – point b
(b) remain aware of the possible tendency of automatically relying or over- relying on the output produced by a high- risk AI system (‘automation bias’), in particular for high-risk AI systems used to provide information or recommendations for decisions to be taken by natural persons;
Amendment 1837 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point c
Article 14 – paragraph 4 – point c
(c) be able to correctly interpret the high-risk AI system’s output, taking into account in particular the characteristics of the system and, for example, the interpretation tools and methods available;
Amendment 1840 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point e
Article 14 – paragraph 4 – point e
(e) be able to intervene on the operation of the high-risk AI system or interrupt, where reasonable and technically feasible, the system through a “stop” button or a similar procedure, except if the human interference increases the risk or would negatively impact the performance in consideration of generally acknowledge state-of-the-art.
Amendment 1843 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. For high-risk AI systems referred to in point 1(a) of Annex III, the measures referred to in paragraph 3 shall be such as to ensure that, in addition, no action or decision is taken by the user on the basis of the identification resulting from the system unless this has been separately verified and confirmed by at least two natural persons on-site or remotely, except for temporary actions or decisions which cannot be delayed due to safety or security reasons for the purpose of law enforcement.
Amendment 1846 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5 a. For the purpose of implementing paragraph 2, in the case where the result of an identification is inconclusive, the human oversight requirements from paragraphs 3 to 5 shall be performed directly internally by the closest entity to the user in the supply chain of the high- risk AI system.
Amendment 1847 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 5 b (new)
Article 14 – paragraph 5 b (new)
5 b. With the exception of high-risk AI systems referred to in point 1(a) of Annex III, the measures referred to in paragraph 3 shall not be interpreted as requiring a human to review every action or decision taken by the AI system. Full automation of such systems shall be possible provided that technical measures are put in place to comply with provisions in paragraphs 1 to 4.
Amendment 1848 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way that they achieve, in the light of their intended purpose and to the extent that can be reasonably expected and is in accordance with relevant industry standards, an appropriate level of accuracy, reliability, robustness and cybersecurity, and the basic pillars of information security and protection, such as confidentiality, integrity and availability as well as to perform consistently in those respects throughout their lifecycletime while taking their evolving nature into account.
Amendment 1852 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1 a. To address the technical aspects of how to measure the appropriate levels of accuracy and robustness in paragraph 1, the European Artificial Intelligence Board shall bring together national metrology and benchmarking authorities and provide non-binding guidance on the matter as per Article 56(2a) of this Regulation.
Amendment 1855 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The levels of accuracy and the relevant accuracy metrics of high-risk AI systemsrange of expected performance and the operational factors that affect that performance, shall be declared, where possible, in the accompanying instructions of use.
Amendment 1857 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. High-risk AI systems shall be resilientdesigned and developed with safety and security by design mechanism by default so that they achieve, in the light of their intended purpose, an appropriate level of cyber resilience as regards errors, faults or inconsistencies that may occur within the system or the environment in which the system operates, in particular due to their interaction with natural persons or other systems.
Amendment 1860 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1
Article 15 – paragraph 3 – subparagraph 1
The robustness of high-risk AI systems may be achieved through diverse technical redundancy solutions, which may include reasonably designed backup or fail-safe plans by the appropriate provider or user or as mutually agreed by the provider and the user.
Amendment 1862 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
High-risk AI systems that continue to learn after being placed on the market or put into service shall be developed in such a way to ensure that possibly biased outputs due to outputs used asinfluencing an input for future operations (‘feedback loops’) are duly addressed with appropriate mitigation measures.
Amendment 1865 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3 a. In accordance with Article 42 (2), the compliance with Article 15 for high- risk AI systems that have already been certified or for which a statement of conformity has been issued under a cybersecurity scheme pursuant to Regulation (EU) 2019/881 shall be assumed.
Amendment 1868 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 1
Article 15 – paragraph 4 – subparagraph 1
The technical solutions aimed at ensuringnd organisational measures designed to uphold the cybersecurity of high-risk AI systems shall be appropriate to the relevant circumstances and the risks.
Amendment 1870 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2
Article 15 – paragraph 4 – subparagraph 2
The technical solutions to address AI specific vulnerabilities shallmay include, where appropriate, measures to prevent and control for attacks trying to manipulate the training dataset (‘data poisoning’), inputs designed to cause the model to make a mistake (‘adversarial examples’), or model flaws, or exploratory attacks that may aim to extract knowledge, algorithms, trade secrets or training information from the AI.
Amendment 1879 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) ensure that their high-risk AI systems are compliant with the requirements set out in Chapter 2 of this Title before placing them on the market or putting them into service;
Amendment 1881 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point a a (new)
Article 16 – paragraph 1 – point a a (new)
(a a) indicate their name, registered trade name or registered trade mark, the address at which they can be contacted on the high-risk AI system or, where that is not possible, on its packaging or its accompanying documentation, as applicable;
Amendment 1888 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) draw-up the technical documentation of the high-risk AI systemkeep the documentation referred to in Article 18;
Amendment 1890 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point d
Article 16 – paragraph 1 – point d
(d) when under their control, keep the logs automatically generated by their high- risk AI systems, in accordance with Article 20;
Amendment 1897 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point e
Article 16 – paragraph 1 – point e
(e) ensure that the high-risk AI system undergoescarry out the relevant conformity assessment procedure, as provided for in Article 19, prior to its placing on the market or putting into service;
Amendment 1900 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point g
Article 16 – paragraph 1 – point g
(g) take the necessary corrective actions as referred to in Art 21, if the high- risk AI system is not in conformity with the requirements set out in Chapter 2 of this Title;
Amendment 1901 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point i
Article 16 – paragraph 1 – point i
(i) to affix the CE marking to their high- risk AI systems to indicate the conformity with this Regulation in accordance with Article 49;
Amendment 1904 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point j
Article 16 – paragraph 1 – point j
(j) upon reasoned request of a national competent authority, demonstrate the conformity of the high-risk AI system with the requirements set out in Chapter 2 of this Titleprovide the relevant information and documentation to demonstrate the conformity of the high-risk AI system.
Amendment 1915 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Providers of high-risk AI systems shall put a quality management system in place that ensures compliance with this Regulation. That system shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions, and shall include at least the following aspects: and that shall be incorporated as part of an existing quality management system under sectoral legislation or as provided by the International Organisation for Standardization.
Amendment 1917 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 1918 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
Amendment 1919 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 1920 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
Amendment 1922 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point e
Article 17 – paragraph 1 – point e
Amendment 1924 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
Amendment 1928 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point g
Article 17 – paragraph 1 – point g
Amendment 1929 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point h
Article 17 – paragraph 1 – point h
Amendment 1930 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point i
Article 17 – paragraph 1 – point i
Amendment 1933 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point j
Article 17 – paragraph 1 – point j
Amendment 1936 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point k
Article 17 – paragraph 1 – point k
Amendment 1937 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point l
Article 17 – paragraph 1 – point l
Amendment 1938 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point m
Article 17 – paragraph 1 – point m
Amendment 1946 #
2021/0106(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. PThe providers of high-risk AI systems shall draw up shall, for a period of 3 years after the AI system has been placed on the market or put into service, keep at the disposal of the national competent authorities: (a) the technical documen tation referred to in Article 11 in accordance with Annex IVand Annex IV; (b) the documentation concerning the quality management system referred to in Article 17; (c) the documentation concerning the changes approved by notified bodies where applicable; (d) the decisions and other documents issued by the notified bodies where applicable; (e) the EU declaration of conformity referred to in Article 48.
Amendment 1958 #
2021/0106(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Providers of high-risk AI systems shall keep the logs automatically generated by their high-risk AI systems, to the extent such logs are under their control by virtue of a contractual arrangement with the user or otherwise by law. The logs shall be kept for a period that is appropriate in the light of the intended purpose of high-risk AI system and applicable legal obligations underlaw as well as under their factual control and to the extent that it is technically feasible. They shall keep them for a period of at least six months, unless provided otherwise in applicable Union or national law.
Amendment 1959 #
2021/0106(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Providers of high-risk AI systems which consider or have reason to consider that a high-risk AI system which they have placed on the market or put into service is not in conformity with this Regulation shall immediately, where applicable, investigate the causes in collaboration with the user and, take the necessary corrective actions to bring that system into conformity, to withdraw it or to recall it, as appropriate. They shall inform the distributors of the high-risk AI system in question and, where applicable, the authorised representative and importers accordingly.
Amendment 1964 #
2021/0106(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
Where the high-risk AI system presents a risk within the meaning of Article 65(1) and that risk is known to the provider of the system, that provider shall immediately inform the national competentmarket surveillance authorities of the Member States in which it made the system available and, where applicable, the notified body that issued a certificate for the high-risk AI system, in particular the nature of the non-compliance and of any relevant corrective actions taken by the provider.
Amendment 1968 #
2021/0106(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Providers of high-risk AI systems shall, upon a reasoned request by a national competent authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of the high-risk AI system with the requirements set out in Chapter 2 of this Title, in an official Union language determined by the Member State concerned language that can be easily understood by that national competent authority. Upon a reasoned request from a national competent authority, providers shall also give that authority access to the logs automatically generated by the high- risk AI system, to the extent such logs are under their control by virtue of a contractual arrangement with the user or otherwise by law. Any information submitted in accordance with the provision of this article shall be considered by the national competent authority a trade secret of the company that is submitting such information and kept strictly confidential.
Amendment 1976 #
2021/0106(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Amendment 1979 #
2021/0106(COD)
Proposal for a regulation
Article 24
Article 24
Amendment 1982 #
2021/0106(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Prior to making their systems available on the Union market, where an importer cannot be identified, providers established outside the Union shall, by written mandate, appoint an authorised representative which is established in the Union.
Amendment 1984 #
2021/0106(COD)
Proposal for a regulation
Article 25 – paragraph 2 – introductory part
Article 25 – paragraph 2 – introductory part
2. The authorised representative shall perform the tasks specified in the mandate received from the provider. TFor the purpose of this Regulation, the mandate shall empower the authorised representative to carry out only the following tasks:
Amendment 1986 #
2021/0106(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point a
Article 25 – paragraph 2 – point a
(a) keep a copy ofensure that the EU declaration of conformity and the technical documentation at the disposal of the national competent authhave been drawn up and that an appropriate conformities and national authorities refey assessment procedure has been carried to in Article 63(7)out by the provider;
Amendment 1989 #
2021/0106(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point b a (new)
Article 25 – paragraph 2 – point b a (new)
(b a) keep at the disposal of the national competent authorities and national authorities referred to in Article 63(7), for a period ending 3 years after the high-risk AI system has been placed on the market or put into service, a copy of the EU declaration of conformity, the technical documentation and, if applicable, the certificate issued by the notified body;
Amendment 1992 #
2021/0106(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point c
Article 25 – paragraph 2 – point c
(c) cooperate with competent nationalnational supervisory authorities, upon a reasoned request, on any action the latter takes in relation to the high-risk AI system.;
Amendment 1993 #
2021/0106(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point c a (new)
Article 25 – paragraph 2 – point c a (new)
(c a) comply with the registration obligations referred to in Article 51 or, if the registration is carried out by the provider itself, ensure that the information referred to in point 3 of Annex VIII is correct.
Amendment 1995 #
2021/0106(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1 (new)
Article 25 – paragraph 2 – subparagraph 1 (new)
The authorised representative shall terminate the mandate if it considers or has reason to consider that the provider acts contrary to its obligations under this Regulation. In such a case, it shall also immediately inform the market surveillance authority of the Member State in which it is established, as well as, where applicable, the relevant notified body, about the termination of the mandate and the reasons thereof.
Amendment 1996 #
2021/0106(COD)
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. Before placing a high-risk AI system on the market, importers of such system shall ensure that: such a system is in conformity with this Regulation by ensuring that:
Amendment 1998 #
2021/0106(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) the appropriaterelevant conformity assessment procedure referred to in Article 43 has been carried out by the provider of that AI system;
Amendment 1999 #
2021/0106(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) the system bears the required conformity marking and is accompanied by the required documentation and instructions of use.;
Amendment 2000 #
2021/0106(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c a (new)
Article 26 – paragraph 1 – point c a (new)
(c a) the authorised representative referred to in Article 25 has been established by the Provider.
Amendment 2001 #
2021/0106(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Where an importer considers or has reason to consider that a high-risk AI system is not in conformity with this Regulation, or is falsified, or accompanied by falsified documentation it shall not place that system on the market until that AI system has been brought into conformity. Where the high- risk AI system presents a risk within the meaning of Article 65(1), the importer shall inform the provider of the AI system and the market surveillance authorities to that effect.
Amendment 2003 #
2021/0106(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Importers shall ensure that, while a high-risk AI system is under their responsibility, where applicable, storage or transport conditions do not jeopardise its compliance with the requirements set out in Chapter 2 of this Titlekeep, for a period ending 3 years after the AI system has been placed on the market or put into service, a copy of the certificate issued by the notified body, where applicable, of the instructions for use and of the EU declaration of conformity.
Amendment 2006 #
2021/0106(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. IWhere no authorised representative has been established, importers shall provide national competent authorities, upon a reasoned request, with all necessary information and documentation to demonstrate the conformity of a high-risk AI system with the requirements set out in Chapter 2 of this Title in a language which can be easily understood by that national competent authority, including access to the logs automatically generated by the high-risk AI system to the extent such logs are under the control of the provider by virtue of a contractual arrangement with the user or otherwise by law. They shall also cooperate with those authorities on any action national competent authority takes in relation to that system. To this purpose they shall also ensure that the technical documentation can be made available to those authorities.
Amendment 2008 #
2021/0106(COD)
Proposal for a regulation
Article 26 – paragraph 5 a (new)
Article 26 – paragraph 5 a (new)
5 a. Importers shall cooperate with national competent authorities on any action those authorities take in relation to an AI system.
Amendment 2009 #
2021/0106(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Before making a high-risk AI system available on the market, distributors shall verify that the high-risk AI system bears the required CE conformity marking, that it is accompanied by the required documentation and instruction of use, and that the provider and the importer of the system, as applicable, have complied with their obligations set out in this Regulation in Article 16 and Article 26(3), respectively.
Amendment 2010 #
2021/0106(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where a distributor considers or has reason to consider, on the basis of the information in its possession, that a high- risk AI system is not in conformity with the requirements set out in Chapter 2 of this Title, it shall not make the high-risk AI system available on the market until that system has been brought into conformity with those requirements. Furthermore, where the system presents a risk within the meaning of Article 65(1), the distributor shall inform the provider or the importer of the system, as applicable, to that effect, and the market surveillance authorities.
Amendment 2014 #
2021/0106(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. A distributor that considers, on the basis of the information in its possession, or has reason to consider that a high-risk AI system which it has made available on the market is not in conformity with the requirements set out in Chapter 2 of this Title shall take the corrective actions necessary to bring that system into conformity with those requirements, to withdraw it or recall it or shall ensure that the provider, the importer or any relevant operator, as appropriate, takes those corrective actions. Where the high-risk AI system presents a risk within the meaning of Article 65(1), the distributor shall immediately inform the provider or importer of the system and the national competent authorities of the Member States in which it has made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective actions taken.
Amendment 2020 #
2021/0106(COD)
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Upon a reasoned request from a national competent authority and where no authorised representative has been appointed, distributors of high-risk AI systems shall provide that authority with all the information and documentation necessary to demonstrate the conformity of a high-risk system with the requirements set out in Chapter 2 of this Title. Distributors shall also cooperate with that national competent authority on any action taken by that authorityregarding its activities as described in paragraphs 1 to 4.
Amendment 2022 #
2021/0106(COD)
Proposal for a regulation
Article 27 – paragraph 5 a (new)
Article 27 – paragraph 5 a (new)
5 a. Importers shall cooperate with national competent authorities on any action those authorities take in relation to an AI system.
Amendment 2023 #
2021/0106(COD)
Proposal for a regulation
Article 28
Article 28
Amendment 2037 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Users of high-risk AI systems shall use such systems and implement human oversight in accordance with the instructions of use accompanying the systems, pursuant to paragraphs 2 and 5 of this Article. Users shall bear sole responsibility in case of any use of the AI system that is not in accordance with the instructions of use accompanying the systems.
Amendment 2042 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1 a. To the extent the user exercises control over the high-risk AI system, that user shall only assign human oversight to natural persons who have the necessary competence, training and authority as well as ensure that relevant and appropriate robustness and cybersecurity measures are in place and are regularly adjusted or updated.
Amendment 2048 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The obligations in paragraph 1 and 1a are without prejudice to other user obligations under Union or national law and to the user’s discretion in organising its own resources and activities for the purpose of implementing the human oversight measures indicated by the provider.
Amendment 2051 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Without prejudice to paragraph 1, to the extent the user exercises control over the input data, that user shall ensure that input data is relevant and sufficiently representative in view of the intended purpose of the high-risk AI system.
Amendment 2053 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 4 – introductory part
Article 29 – paragraph 4 – introductory part
4. Users shall monitor the operation of the high-risk AI system on the basis of the instructions of use and, when relevant, inform providers in accordance with Article 61. To the extent the user exercises control over the high-risk AI system, users shall also perform risk assessments in line with Article 9 but limited to the potential adverse effects of using the high-risk AI system and the respective mitigation measures. When they have reasons to consider that the use in accordance with the instructions of use may result in the AI system presenting a risk within the meaning of Article 65(1) they shall inform the provider or distributor and relevant regulatory authority and suspend the use of the system. They shall also inform the provider or distributor and relevant regulatory authority when they have identified any serious incident or any malfunctioning within the meaning of Article 62 and interrupt the use of the AI system. In case the user is not able to reach the provider, importer or distributer Article 62 shall apply mutatis mutandis.
Amendment 2058 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 5 – introductory part
Article 29 – paragraph 5 – introductory part
5. Users of high-risk AI systems shall keep the logs automatically generated by that high-risk AI system, to the extent such logs are under their control. The logsy shall be keptkeep them for a period that is appropriate in the light of the intended purpose of the high-risk AI system and applicable legal obligations underof at least six months, unless provided otherwise in applicable Union or national law.
Amendment 2065 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. Users of high-risk AI systems shall use the information provided under Article 13 to comply with their obligation to carry out a data protection impact assessment under Article 35 of Regulation (EU) 2016/679 or Article 27 of Directive (EU) 2016/680, where applicab and may revert in part to those data protection impact assessments for fulfilling the obligations set out in this Article.
Amendment 2074 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 6 a (new)
Article 29 – paragraph 6 a (new)
6 a. The provider shall be obliged to cooperate closely with the user and in particular provide the user with the necessary information to allow the fulfilment of the obligations set out in this Article.
Amendment 2077 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 6 b (new)
Article 29 – paragraph 6 b (new)
6 b. Users shall cooperate with national competent authorities on any action those authorities take in relation to an AI system.
Amendment 2087 #
2021/0106(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Each Member State shall designate or establish a notifying authority responsible for setting up and carrying out the necessary procedures for the assessment, designation and notification of conformity assessment bodies and for their monitoring. To this end, Member States shall ensure a sufficient number of conformity assessment bodies, in order to make the certification feasible in a timely manner.
Amendment 2093 #
2021/0106(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. The application for notification shall be accompanied by a description of the conformity assessment activities, the conformity assessment module or modules and the artificial intelligence technologies for which the conformity assessment body claims to be competent, as well as by an accreditation certificate, where one exists, issued by a national accreditation body attesting that the conformity assessment body fulfils the requirements laid down in Article 33. Any valid document related to existing designations of the applicant notified body under any other Union harmonisation legislation shall be added.
Amendment 2095 #
2021/0106(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Notifying authorities mayshall notify only conformity assessment bodies which have satisfied the requirements laid down in Article 33.
Amendment 2097 #
2021/0106(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The notification shall include full details of the conformity assessment activities, the conformity assessment module or modules and the artificial intelligence technologies concerned.
Amendment 2102 #
2021/0106(COD)
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2 a. Notified bodies shall satisfy the minimum cybersecurity requirements set out for public administration entities identified as operators of essential services pursuant to Directive XXXX/XX on measures for a high common level of cybersecurity across the Union (NIS 2), repealing Directive (EU) 2016/1148.
Amendment 2107 #
2021/0106(COD)
Proposal for a regulation
Article 33 – paragraph 10
Article 33 – paragraph 10
10. Notified bodies shall have sufficient internal competences to be able to effectively evaluate the tasks conducted by external parties on their behalf. To that end, at all times and for each conformity assessment procedure and each type of high-risk AI system in relation to which they have been designated, the notified body shall have permanent availability of sufficient administrative, technical and scientific personnel who possess experience and knowledge relating to the relevant artificial intelligence technologiesAI, data and data computing and to the requirements set out in Chapter 2 of this Title.
Amendment 2109 #
2021/0106(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. Notified bodies shall keep at the disposal of the notifying authority the relevant documents concerning the assessmentverification of the qualifications of the subcontractor or the subsidiary and the work carried out by them under this Regulation.
Amendment 2116 #
2021/0106(COD)
Proposal for a regulation
Article 38 – paragraph 2 a (new)
Article 38 – paragraph 2 a (new)
2 a. The Commission shall provide for the exchange of knowledge and best practices between the Member States' national authorities responsible for notification policy.
Amendment 2118 #
2021/0106(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
Amendment 2120 #
2021/0106(COD)
Proposal for a regulation
Article 39 – paragraph 1 a (new)
Article 39 – paragraph 1 a (new)
2. Conformity assessment bodies established under the law of a third country may carry out the activities of notified bodies under this regulation where they have been accredited as competent by an accreditation body, whether established in the territory of the EU or a third country, that is a signatory of an international accreditation or conformity assessment scheme based on rigorous peer-review processes, such as the International Laboratory Accreditation Collaboration (ILAC) Mutual Recognition Arrangement (MRA) and International Accreditation Forum (IAF) Multilateral Recognition Arrangement (MLA).
Amendment 2121 #
2021/0106(COD)
Proposal for a regulation
Article 39 – paragraph 1 b (new)
Article 39 – paragraph 1 b (new)
3. In addition, where conformity assessment bodies established under the law of a third country have not been accredited by signatory bodies of such international accreditation or conformity assessment schemes, third-country conformity assessment bodies may carry out the activities of notified bodies where international mutual recognition arrangements, conformity assessment protocols, or other agreements exist between the EU and the country in which the conformity assessment body is established.
Amendment 2122 #
2021/0106(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. High-risk AI systems which are in conformity with harmonised standards developed in accordance with Regulation 1025/2021 or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements set out in Chapter 2 of this Title, to the extent those standards cover those requirements.
Amendment 2124 #
2021/0106(COD)
Proposal for a regulation
Article 40 – paragraph 1 a (new)
Article 40 – paragraph 1 a (new)
Amendment 2128 #
2021/0106(COD)
Proposal for a regulation
Article 40 – paragraph 1 b (new)
Article 40 – paragraph 1 b (new)
The Commission shall issue standardisation requests covering all essential requirements of the Regulation in accordance with Article 10 of Regulation (EU) No 1025/2012 no later than 6 months after the date of entry into force of the Regulation.
Amendment 2130 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. WThere harmonised standards referred to in Article 40 do not exist or where the Commission considers that the relevant harmonised standards are insufficient or that there is a need to address specific safety or fundamental right concerns, the Commission may, by means of implementing acts, adopt common specifications in respect of the requirements set out in Chapter 2 of this Title Commission may, by means of implementing acts, adopt common specifications in respect of the requirements set out in Chapter 2 of this Title for the essential requirements where health and safety, the protection of consumers or of the environment, other aspects of public interest, or clarity and practicability so require after consulting the Board, the Committee referred to in Art 22 of Regulation 1025/20212 as well as the relevant stakeholders and where the following conditions have been fulfilled: (a) the Commissions has concluded, that contrary to Article 10(6) of Regulation (EU) No 1025/2012 a harmonised standard does not satisfy the requirements which it aims to cover and which are set out in the corresponding Union harmonisation and has therefore not published a reference of such harmonised standard in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012; (b) the Commission has requested one or more European standardization organisations to draft a harmonised standard for the essential health and safety requirements and there are undue delays in the standardisation procedure; (c) the request has, without reason, not been accepted by the European standardization organisations concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2).
Amendment 2140 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. The Commission, wWhen preparing the common specifications referred to in paragraph 1, shallthe Commission shall fulfil the objectives referred of Article 40(2) and gather the views of relevant bodies or expert groups established under relevant sectorial Union law.
Amendment 2146 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. High-risk AI systems which are in conformity with the common specifications referred to in paragraph 1 shall be presumed to be in conformity with the requirements set out in Chapter 2 of this Title, to the extent those common specifications cover those requirements, and as long as those requirements are not covered by harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.
Amendment 2148 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
4. Where providers do not comply with the common specifications referred to in paragraph 1, they shall duly justify that they have adopted technical solutions that aremeet the requirements referred to in Chapter 2 to a level at least equivalent thereto.
Amendment 2154 #
2021/0106(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Taking into account their intended purpose, hHigh-risk AI systems that have been trained and tested on data concernreflecting the specific geographical, behavioural and functional setting within which they are intended to be used shall be presumed to be in compliance with the respective requirements set out in Article 10(4).
Amendment 2155 #
2021/0106(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. High-risk AI systems that have been certified or for which a statement of conformity has been issued under a cybersecurity scheme pursuant to Regulation (EU) 2019/881 of the European Parliament and of the Council63 or pursuant to other harmonization legislation in the field of security of network and information systems and electronic communications networks and services and the references of which have been published in the Official Journal of the European Union shall be presumed to be in compliance with the cybersecurity requirements set out in Article 15 of this Regulation in so far as the cybersecurity certificate or statement of conformity or parts thereof cover those requirements. _________________ 63 Regulation (EU) 2019/881 of the European Parliament and of the Council of 17 April 2019 on ENISA (the European Union Agency for Cybersecurity) and on information and communications technology cybersecurity certification and repealing Regulation (EU) No 526/2013 (Cybersecurity Act) (OJ L 151, 7.6.2019, p. 1).
Amendment 2161 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 1 – introductory part
Article 43 – paragraph 1 – introductory part
1. For high-risk AI systems listed in point 1 of Annex III, where, in demonstrating the compliance of a high- risk AI system with the requirements set out in Chapter 2 of this Title, the provider has applied harmonised standards referred to in Article 40, or, where applicable, common specifications referred to in Article 41, the provider shall followopt for one of the following procedures:
Amendment 2166 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point a
Article 43 – paragraph 1 – point a
(a) the conformity assessment procedure based on internal control referred to in Annex VI; or
Amendment 2171 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point b
Article 43 – paragraph 1 – point b
(b) the conformity assessment procedure based on assessment of the quality management system and assessment of the technical documentation, with the involvement of a notified body, referred to in Annex VII.
Amendment 2183 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. For high-risk AI systems referred to in points 2 to 8 of Annex III, providers shall follow the conformity assessment procedure based on internal control as referred to in Annex VI, which does not provide for the involvement of a notified body. For high-risk AI systems referred to in point 5(b) of Annex III, placed on the market or put into service by credit institutions regulated by Directive 2013/36/EU, the conformity assessment shall bebased on internal control shall be verified by means of an ex-post assessment and carried out as part of the procedure referred to in Articles 97 to101 of that Directive. but only to the extent that prudential risks and related requirements are concerned.
Amendment 2185 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 3 – introductory part
Article 43 – paragraph 3 – introductory part
3. For high-risk AI systems, to which legal acts listed in Annex II, section A, apply, and which are subject to points 1 and 2 of Article 6 the provider shall follow the relevant conformity assessment as required under those legal acts. The requirements set out in Chapter 2 of this Title shall apply to those high-risk AI systems and shall be part of that assessment. Points 4.3., 4.4., 4.5. and the fifth paragraph of point 4.6 of Annex VII shall also apply.
Amendment 2188 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 4 – introductory part
Article 43 – paragraph 4 – introductory part
4. High-risk AI systems shall undergo a new conformity assessment procedure, that have already been subject to a conformity assessment procedure, shall undergo a new conformity assessment procedure in line with the provisions foreseen by the legal acts listed in Annex II, section A, whenever they are substantially modified, regardless of whether the modified system is intended to be further distributed or continues to be used by the current user.
Amendment 2196 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 4 – subparagraph 1 a (new)
Article 43 – paragraph 4 – subparagraph 1 a (new)
The same should apply to updates of the AI system for security reasons in general and to protect against evolving threats of manipulation of the system. This paragraph only applies if the Member State has established a legal framework, which allows the provider of a high risk AI system, which autonomously make substantial modifications to itself, to regularly perform an automated real-time conformity assessment procedure.
Amendment 2198 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 4 a (new)
Article 43 – paragraph 4 a (new)
4 a. Any provider may voluntarily apply for a third-party conformity assessment regardless of the risk level of their AI system.
Amendment 2200 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 5
Article 43 – paragraph 5
5. TAfter consulting the AI Board referred to in Article 56 and after providing substantial evidence, followed by thorough consultation and the involvement of the affected stakeholders, the Commission is empowered to adopt delegated acts in accordance with Article 73 for the purpose of updating Annexes VI and Annex VII in order to introduceamend elements of the conformity assessment procedures that become necessary or unnecessary in light of technical progress.
Amendment 2207 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 6
Article 43 – paragraph 6
6. TAfter consulting the AI Board referred to in Article 56 and after providing substantial evidence, followed by thorough consultation and the involvement of the affected stakeholders, the Commission is empowered to adopt delegated acts to amend paragraphs 1 and 2 in order to subject high-risk AI systems referred to in points 2 to 8 of Annex III to the conformity assessment procedure referred to in Annex VII or parts thereof. The Commission shall adopt such delegated acts taking into account the effectiveness of the conformity assessment procedure based on internal control referred to in Annex VI in preventing or minimizing the risks to health and safety and protection of fundamental rights posed by such systems as well as the availability of adequate capacities and resources among notified bodies.
Amendment 2212 #
2021/0106(COD)
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
3. Each notified body shall provide the other notified bodies carrying out similar conformity assessment activities covering the same artificial intelligence technologies with relevant information on issues relating to negative and, on request, positive conformity assessment results.
Amendment 2217 #
2021/0106(COD)
Proposal for a regulation
Article 47 – paragraph 1 a (new)
Article 47 – paragraph 1 a (new)
1 a. In a duly justified situation of urgency for exceptional reasons of public security or in case of specific, substantial and imminent threat to the life or physical safety of natural persons, law enforcement authorities may put a specific high-risk AI system into service without the authorisation referred to in paragraph 1 provided that such authorisation is requested during or after the use without undue delay, and if such authorisation is rejected, its use shall be stopped with immediate effect.
Amendment 2220 #
2021/0106(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. Where, within 15 calendar days of receipt of the notification referred to in paragraph 2, objections are raised by a Member State against an authorisation issued by a market surveillance authority of another Member State, or where the Commission considers the authorisation to be contrary to Union law or the conclusion of the Member States regarding the compliance of the system as referred to in paragraph 2 to be unfounded, the Commission shall without delay enter into consultation with the relevant Member State; the operator(s) concerned shall be consulted and have the possibility to present their views. In view thereof, the Commission shall decide whether the authorisation is justified or not. The Commission shall address its decision to the Member State concerned and the relevant operator or operators(s).
Amendment 2225 #
2021/0106(COD)
1. The provider shall draw up a written or electronically signed EU declaration of conformity for each AI system and keep it at the disposal of the national competent authorities for 10 years after the AI system has been placed on the market or put into service. The EU declaration of conformity shall identify the AI system for which it has been drawn up. A copy of the EU declaration of conformity shall be givensubmitted to the relevant national competent authorities upon request.
Amendment 2228 #
2021/0106(COD)
Proposal for a regulation
Article 48 – paragraph 5
Article 48 – paragraph 5
5. TAfter consulting the Board, the Commission shall be empowered to adopt delegated acts in accordance with Article 73 for the purpose of updating the content of the EU declaration of conformity set out in Annex V in order to introduce elements that become necessary in light of technical progress.
Amendment 2233 #
2021/0106(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. The physical CE marking shall be affixed visibly, legibly and indelibly for high-risk AI systems. Where that is not possible or not warranted on account of the nature of the high-risk AI system, it shall be affixed to the packaging or to the accompanying documentation, as appropriate.
Amendment 2235 #
2021/0106(COD)
Proposal for a regulation
Article 49 – paragraph 1 a (new)
Article 49 – paragraph 1 a (new)
1 a. An electronic CE marking may replace the physical marking if it can be accessed via the display of the product or via a machine-readable code.
Amendment 2237 #
2021/0106(COD)
Proposal for a regulation
Article 50
Article 50
Amendment 2249 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
Before placing on the market or putting into service a high-risk AI system referred to in Article 6(2)listed in Annex III, the provider or, where applicable, the authorised representative shall register that system in the EU database referred to in Article 60.
Amendment 2261 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Providers shall ensure that AI systems intended to directly interact with natural persons are designed and developed in such a way that natural persons are informedthe AI system, the provider itself or the user can inform the natural person exposed to an AI system that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use. Where relevant, this information shall also include which functions are AI enabled, if there is human oversight and who is responsible for the decision- making process. This obligation shall not apply to AI systems authorised by law to detect, prevent, investigate and prosecute criminal offences, unless those systems are available for the public to report a criminal offence.
Amendment 2269 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 – introductory part
Article 52 – paragraph 3 – introductory part
3. Users of an AI system that generates or manipulates image, audio or videovisual content that appreciably resembles existing persons, objects, places or other entities or events and would falselywould falsely appear to be authentic or truthful and which features depictions of people appearing to a person to be authentic or truthfulsay or do things they did not say or do, without their consent (‘deep fake’), shall disclose that the content has been artificially generated or manipulated. Disclosure shall mean labelling the content in a way that informs that the content is inauthentic and that is clearly visible for the recipient of that content. To label the content, users shall take into account the generally acknowledged state of the art and relevant harmonised standards and specifications.
Amendment 2275 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1
Article 52 – paragraph 3 – subparagraph 1
However, the first subparagraph shall not apply where the use of an AI system that generates or manipulates audio or visual content is authoriszed by law to detect, prevent, investigate and prosecute criminal offences or where the content forms part of an evidently creative, satirical, artistic or fictional cinematographic, video game visuals or analogous work or it is necessary for the exercise of the right to freedom of expression and the right to freedom of the arts and sciences guaranteed in the Charter of Fundamental Rights of the EU, and subject to appropriate safeguards for the rights and freedoms of third parties.
Amendment 2281 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 a (new)
Article 52 – paragraph 3 a (new)
3 a. The information referred to in paragraphs 1 to 3 shall be provided to natural persons in a clear and visible manner at the latest at the time of the first interaction or exposure.
Amendment 2288 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. AI regulatory sandboxes established by one or more Member States competeThe competent authorities of the Member States shall establish several physical and digital AI regulatory sandboxes six months prior to the entry into authoritiespplication orf the European Data Protection Supervisor shallis Regulation based on well-established criteria that provide a controlled environment that facilitates the development, testing and validation of innovative AI systems for a limited time before their placement on the market or putting into service pursuant to a specific plan. SMEs, start-ups, enterprises, innovators or other relevant actors could be included as partners in the regulatory sandboxes. This shall take place under the direct supervision and guidance by the respective national competent authorities with a view to ensuring compliance with the requirements of this Regulation and, where relevant, other Union and Member States legislation supervised within the sandbox. or by the European Data Protection Supervisor in relation to AI systems provided by the EU institutions, bodies and agencies with a view to identify risks to health and safety and fundamental rights, test mitigation measures for identified risks, demonstrate prevention of these risks and otherwise ensuring compliance with the requirements of this Regulation and, where relevant, other Union and Member States legislation supervised within the sandbox. The Commission shall play a complementary role, allowing those Member States with demonstrated experience with sandboxing to build on their expertise and, on the other hand, assisting and providing technical understanding and resources to those Member States that seek guidance on the set-up and running of these regulatory sandboxes.
Amendment 2299 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 1 a (new)
Article 53 – paragraph 1 a (new)
1 a. This article shall also apply to AI systems for which full compliance with the requirements of Title III Chapter 2 requires an initial phase of placing the systems on the market or putting them into service and using the experiences gained in such initial phase to further develop the AI system so as to fully fulfil the requirements of Title III Chapter 2, particularly for the case of general purpose AI Systems.
Amendment 2302 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 1 b (new)
Article 53 – paragraph 1 b (new)
1 b. The national competent authority or the European Data Protection Supervisor, as appropriate, may also supervise testing in real world conditions upon the request of participants in the sandbox.
Amendment 2303 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 1 c (new)
Article 53 – paragraph 1 c (new)
Amendment 2305 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. Member States in collaboration with the Commission shall ensure that to the extent the innovative AI systems involve the processing of personal data or otherwise fall under the supervisory remit of other national authorities or competent authorities providing or supporting access to data, the national data protection authorities and those other national authorities are associated to the operation of the AI regulatory sandbox. As appropriate, national competent authorities may allow for the involvement in the AI regulatory sandbox of other actors within the AI ecosystem such as national or European standardisation organisations, notified bodies, testing and experimentation facilities, research and experimentation labs and innovation hubs.
Amendment 2312 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 2 a (new)
Article 53 – paragraph 2 a (new)
2 a. Access to the AI regulatory sandboxes and supervision and guidance by the relevant authorities shall be free of charge, without prejudice to exceptional costs that national competent authorities may recover in a fair and proportionate manner. It shall be open to any provider or prospective provider of an AI system who fulfils national eligibility and selection criteria and who has been selected by the national competent authorities or by the European Data Protection Supervisor. Participation in the AI regulatory sandbox shall be limited to a period that is appropriate to the complexity and scale of the project in any case not longer than a maximum period of 2 years, starting upon the notification of the selection decision. The participation may be extended for up to 1 more year.
Amendment 2315 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The participation in the AI regulatory sandboxes shall not affect the supervisory and corrective powers of the competent authorities. Any significant risks to health and safety and fundamental rights identified during the development and testing of such sys supervising the sandbox. However, provided that the participant(s) respect the sandbox plan and the terms shall result in immediate mitigand conditions for their participation and, failing that, in the suspension of the development and testing process until such mitigation takes placeollow in good faith the guidance given by the authorities, no administrative enforcement action shall be taken by the authorities for infringement of applicable Union or Member State legislation.
Amendment 2320 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 4
Article 53 – paragraph 4
4. Participants in the AI regulatory sandbox shall remain liable under applicable Union and Member States liability legislation for any harm intentionally inflicted on third parties as a result from the experimentation taking place in the sandbox, which was known or reasonably foreseeable at the time of experimentation and the risk of which the sandbox participants was not made aware of.
Amendment 2322 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 4 a (new)
Article 53 – paragraph 4 a (new)
4 a. The AI regulatory sandboxes shall be designed and implemented in such a way that, where relevant, they facilitate cross-border cooperation between national competent authorities and synergies with relevant sectoral regulatory sandboxes. Cooperation may also be envisaged with third countries outside the Union establishing mechanisms to support AI innovation.
Amendment 2323 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 5
Article 53 – paragraph 5
5. Member States’ competent authorities that havein collaboration with the Commission shall established AI regulatory sandboxes shall, as much as possible through national and regional initiatives, in particular through European digital innovation hubs, and closely coordinate their activities ands well as cooperate within the framework of the European Artificial Intelligence Board. They shall submit annual reports to the Board and the Commission on the results from the implementation of those schemes, including good practices, lessons learnt and recommendations on their setup and, where relevant, on the application of this Regulation and other Union legislation supervised within the sandbox. The annual reports or abstracts shall be made available to the public, online, in order to further enable innovation within the Union. Outcomes and learnings of the sandbox should be leveraged when monitoring the effectiveness and enforcement of this Regulation and taken into account when proceeding to amending it. The annual reports shall also be submitted to the AI Board which shall publish on its website a summary of all good practices, lessons learnt and recommendations.
Amendment 2337 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 6
Article 53 – paragraph 6
6. The modalities and the conditions of the operation of the AI regulatory sandboxes, including the eligibility criteria and the procedure for the application, selection, participation and exiting from the sandbox, and the rights and obligations of the participants shall be set out in implementing acts in accordance with the Council’s communication(11/2020) and in strong cooperation with relevant stakeholders. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2).
Amendment 2339 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 6 a (new)
Article 53 – paragraph 6 a (new)
6 a. Notwithstanding the modalities and conditions outlined in paragraph 6, Member States shall design regulatory sandboxes to provide access to as many providers as possible. There shall be aparticular focus on the use and application of general purpose AI systems. Member States may establish virtual sandboxing environments to ensure that sandboxes can meet the demand.
Amendment 2342 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 6 b (new)
Article 53 – paragraph 6 b (new)
6 b. The Commission shall establish an EU AI Regulatory Sandboxing Work Programme whose modalities referred to in Article 53(6) shall cover the elements set out in Annex IXa. The Commission shall proactively coordinate with national and local authorities, where relevant.
Amendment 2348 #
2021/0106(COD)
Proposal for a regulation
Article 54 – paragraph 1 – introductory part
Article 54 – paragraph 1 – introductory part
1. In the AI regulatory sandbox personal data lawfully collected for other purposes shallmay be processed for the purposes of developing and testing certain innovative AI systems in the sandbox under the following conditions:
Amendment 2350 #
2021/0106(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point a – introductory part
Article 54 – paragraph 1 – point a – introductory part
(a) the innovative AI systems shall be developed for safeguarding substantial public interest in one or more of the following areas:
Amendment 2355 #
2021/0106(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point c
Article 54 – paragraph 1 – point c
(c) there are effective monitoring mechanisms to identify if any high risks to the fundamental rights of the data subjectsrights and freedoms of the data subjects, as referred to in Art 35 Regulation (EU) 2016/679 and in Article 35 of Regulation (EU) 2018/1725 may arise during the sandbox experimentation as well as response mechanism to promptly mitigate those risks and, where necessary, stop the processing;
Amendment 2358 #
2021/0106(COD)
(e) any personal data processed are not be transmitted, transferred or otherwise accessed by other parties that are not participants in the sandbox nor transferred to a third country outside the Union or an international organisation;
Amendment 2360 #
2021/0106(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point f
Article 54 – paragraph 1 – point f
(f) any processing of personal data in the context of the sandbox do not lead to measures or decisions affecting the data subjectsshall not affect the application of the rights of the data subjects as provided for under Union law on the protection of personal data, in particular in Article 22 of Regulation (EU) 2016/679 and Article 24 of Regulation (EU) 2018/1725;
Amendment 2361 #
2021/0106(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point g
Article 54 – paragraph 1 – point g
(g) any personal data processed in the context of the sandbox are protected by means of appropriate technical and organisational measures and deleted once the participation in the sandbox has terminated or the personal data has reached the end of its retention period;
Amendment 2363 #
2021/0106(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point h
Article 54 – paragraph 1 – point h
(h) the logs of the processing of personal data in the context of the sandbox are kept for the duration of the participation in the sandbox and 1 year after its termination, solely for the purpose of and only as long as necessary for fulfilling accountability and documentation obligations under this Article or other application Union or Member States legislation;
Amendment 2367 #
2021/0106(COD)
Proposal for a regulation
Article 54 – paragraph 1 a (new)
Article 54 – paragraph 1 a (new)
1 a. Provided that the conditions of paragraph 1 are met, personal data processed for developing and testing innovative AI systems in the sandbox shall be considered compatible for the purposes of Article 6(4) GDPR.
Amendment 2370 #
2021/0106(COD)
Proposal for a regulation
Article 55 – title
Article 55 – title
Measures for small-scale providers and users that are SME’s or start-ups
Amendment 2374 #
2021/0106(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point a
Article 55 – paragraph 1 – point a
(a) provide small-scale providerSMEs and start-ups with priority access to thand make AI regulatory sandboxes reusable as well as affordable to the extent that theySMEs and start-ups fulfil the eligibility conditions;
Amendment 2376 #
2021/0106(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point b
Article 55 – paragraph 1 – point b
(b) organise specific awareness raising and training activities about the application of this Regulation tailored to the needs of the small-scale providers and userSME’s and start-ups;
Amendment 2378 #
2021/0106(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point c
Article 55 – paragraph 1 – point c
(c) where appropriate, establish a dedicated channel for communication with small-scale providerSME’s and start-ups and user and other innovators to provide guidance and respond to queries about the implementation of this Regulation.;
Amendment 2380 #
2021/0106(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point c a (new)
Article 55 – paragraph 1 – point c a (new)
(c a) consult representative organisations of SMEs and start ups and involve them in the development of relevant standards;
Amendment 2382 #
2021/0106(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point c b (new)
Article 55 – paragraph 1 – point c b (new)
(c b) create development paths and services for SMEs and start ups, ensuring that government support is provided at all stages of their development, in particular by promoting digital tools and developing AI transition plans;
Amendment 2383 #
2021/0106(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point c c (new)
Article 55 – paragraph 1 – point c c (new)
(c c) promote industry best practices and responsible approaches toAI development and use self-regulatory commitments as a criterion for public procurement projects or as a factor that allows more opportunities to use andshare data responsibly;
Amendment 2384 #
2021/0106(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point c d (new)
Article 55 – paragraph 1 – point c d (new)
Amendment 2385 #
2021/0106(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point c e (new)
Article 55 – paragraph 1 – point c e (new)
(c e) reduce extensive reporting, information or documentation obligations, establish a single EU online portal in different languages concerning all necessary procedures and formalities to operate in another EU country, a single point of contact in the home country that can certify the company’s eligibility to provide services in another EU country as well as a standardized EU-wide VAT declaration in the respective native language.
Amendment 2386 #
2021/0106(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The specific interests and needs of the small-scale providerSME’s and start-ups shall be taken into account when setting the fees for conformity assessment under Article 43, reducing those fees proportionately to their size and market size, by granting subsidies or even exempting SMEs and start ups from paying.
Amendment 2398 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. A ‘European Artificial Intelligence Board’ (the ‘Board’) is established as an independent body with its own legal personality. The Board shall have a Secretariat, a strong mandate as well as sufficient resources and skilled personnel at its disposal for the assistance in the performance of its tasks laid down in Article 58.
Amendment 2407 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – point a
Article 56 – paragraph 2 – point a
(a) contribute to the effective cooperation of the national supervisory authorities and the Commission with regard to matters covered by this Regulation;
Amendment 2409 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – point c
Article 56 – paragraph 2 – point c
(c) assist the Commission, national supervisory authorities and othe Commissionr competent authorities in ensuring the consistent application of this Regulation., in particular in line with the consistency mechanism referred to in Article 59a(3);
Amendment 2412 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – point c a (new)
Article 56 – paragraph 2 – point c a (new)
(c a) provide particular oversight, monitoring and regular dialogue with the providers of general purpose AI systems about their compliance with the Regulation. Any such meeting shall be open to national supervisory authorities, notified bodies and market surveillance authorities to attend and contribute
Amendment 2416 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – point c b (new)
Article 56 – paragraph 2 – point c b (new)
(c b) bring together national metrology and benchmarking authorities to provide guidance to address the technical aspects of how to measure appropiate levels of accuracy and robustness.
Amendment 2429 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. The Board shall be composed of the national supervisory authorities, who shall be represented by the head or equivalent high-level official of that authority, and the European Data Protection Supervisor. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them. Other national authorities may also be invited to the meetings, where the issues discussed are of relevance for them. The European Data Protection Supervisor, the Chairperson of the EU Agency for Fundamental Rights, the Executive director of the EU Agency for Cybersecurity, the Chair of the High Level Expert Group on AI, the Director- General of the Joint Research Centre, and the presidents of the European Committee for Standardization, the European Committee for Electrotechnical Standardization, and the European Telecommunications Standards Institute shall be invited as permanent observers with the right to speak but without voting rights.
Amendment 2447 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. The Board shall adopt its rules of procedure by a simple majority of its members, following the consent of the Commission. The rules of procedure shall also contain the operational aspects related to the execution of the Board’s tasks as listed in Article 58. The Board may establish standing or temporary sub-groups as appropriate for the purpose of examining specific questions.
Amendment 2455 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
3. The Board shall be chaired by the Commission. The CommissionBoard’s Secretariat shall convene the meetings and prepare the agenda in accordance with the tasks of the Board pursuant to this Regulation and with its rules of procedure. The CommissionBoard’s Secretariat shall also provide administrative and analytical support for the activities of the Board pursuant to this Regulation.
Amendment 2462 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
4. The Board mashall regularly invite external experts and observers to attend its meetings and may hold exchanges with interested third par, in particular from organisations representing the interests of the providers and users of AI systems, SMEs and start-ups, civil society organisations, representatives of affected persons, researchers, standardisation organisations, testing and experimentation facilities, to inform its activities toattend its meetings in order to ensure accountability and appropriate extent. To that end tparticipation of external actors. The Commission may facilitate exchanges between the Board and other Union bodies, offices, agencies and advisory groups.
Amendment 2467 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 4 a (new)
Article 57 – paragraph 4 a (new)
4 a. Without prejudice to paragraph 4, the Board’s Secretariat shall organise four additional meetings between the Board and the High Level Expert Group on AI to allow them to share their practical and technical expertise every quarter of the year.
Amendment 2491 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point a
Article 58 – paragraph 1 – point a
(a) collect and share expertise and best practices among Member States, including on the promotion of awareness raising initiatives on Artificial Intelligence and the Regulation;
Amendment 2499 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point b
Article 58 – paragraph 1 – point b
(b) contribute to uniform administrative practices in the Member States, including for the assessment, establishing, managing with the meaning of fostering cooperation and guaranteeing consistency among regulatory sandboxes, and functioning of regulatory sandboxes referred to in Article 53;
Amendment 2508 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c – point iii a (new)
Article 58 – paragraph 1 – point c – point iii a (new)
(iii a) on the need for the amendment of each of the Annexes as referred to in Article 73 as well as all other provisions in this Regulation that the Commission can amend, in light of the available evidence.
Amendment 2509 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c – point iii b (new)
Article 58 – paragraph 1 – point c – point iii b (new)
(iii b) on activities and decisions of Member States regarding post-market monitoring, information sharing, market surveillance referred to in Title VIII;
Amendment 2510 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c – point iii c (new)
Article 58 – paragraph 1 – point c – point iii c (new)
(iii c) on developing common criteria for market operators and competent authorities having the same understanding of concepts such as the 'generally acknowledged state of the art' referred to in Article 9 (3), 'foreseeable risks' referred to in Articles 9 (2) (a), 'foreseeable misuse' referred to in Article 3 (13), Article 9 (2) (b), Article 9 (4), Article 13 (3)(b)(iii) and Article 14 (2), and the 'type and degree of transparency' referred in Article 13 (1);
Amendment 2511 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c – point iii d (new)
Article 58 – paragraph 1 – point c – point iii d (new)
(iii d) verify alignment with the legal acts listed in Annex II, including with the implementation matters related to those acts.
Amendment 2512 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c a (new)
Article 58 – paragraph 1 – point c a (new)
(c a) carry out annual reviews and analyses of the complaints sent to and findings made by national supervisory authorities, of the serious incidents reports referred to in Article 62, and of the new registration in the EU Database referred to in Article 60 to identify trends and potential emerging issues threatening the future health and safety and fundamental rights of citizens that are not adequately addressed by this Regulation;
Amendment 2522 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c b (new)
Article 58 – paragraph 1 – point c b (new)
(c b) carry out biannual horizon scanning and foresight exercises to extrapolate the impact the trends and emerging issues can have on the Union;
Amendment 2525 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c c (new)
Article 58 – paragraph 1 – point c c (new)
(c c) annually publish recommendations to the Commission, in particular on the categorization of prohibited practices, high-risk systems, and codes of conduct for AI systems that are not classified as high-risk;
Amendment 2531 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c d (new)
Article 58 – paragraph 1 – point c d (new)
(c d) encourage and facilitate the drawing up of codes of conduct as referred to in Article 69;
Amendment 2535 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c e (new)
Article 58 – paragraph 1 – point c e (new)
(c e) coordinate among national supervisory authorities and make sure that the consistency mechanism in Article 59a(3) is observed;
Amendment 2536 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c f (new)
Article 58 – paragraph 1 – point c f (new)
(c f) adopt binding decisions for national supervisory authorities in case the consistency mechanism is not able to solve the conflict among national supervisory authorities as it is clarified in Article 59a(6);
Amendment 2541 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c g (new)
Article 58 – paragraph 1 – point c g (new)
(c g) issue yearly reports on the implementation of the Regulation, including an assessment of the impact of the Regulation on economic operators.
Amendment 2553 #
2021/0106(COD)
Proposal for a regulation
Article 58 a (new)
Article 58 a (new)
Article 58 a Guidelines from the Commission on the implementation of this Regulation Upon the request of the Member States or the Board, or on its own initiative, the Commission shall issue guidelines on the practical implementation of this Regulation and in particular on: (i) the application of the requirements referred to in Articles 8 - 15; (ii) the prohibited practices referred to in Article 5; (iii) the practical implementation of the provisions related to substantial modification; (iv) the identification and application of criteria and use cases related to high risk AIsystems referred to in Annex III; (v) the practical implementation of transparency obligations laid down in Article 52; (vi) the relationship of this Regulation with other relevant Union legislation. When issuing such guidelines, the Commission shall pay particular attention to the needs of SMEs and start-ups as well as sectors most likely to be affected by this Regulation.
Amendment 2557 #
2021/0106(COD)
Proposal for a regulation
Title VI – Chapter 2 – title
Title VI – Chapter 2 – title
2 national competentsupervisory authorities
Amendment 2558 #
2021/0106(COD)
Proposal for a regulation
Article 59 – title
Article 59 – title
Designation of national competentsupervisory authorities
Amendment 2559 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
1. National competent authoritiesEach Member State shall be established or designated by each Member State for the purpose of ensuring the application and implementation of this Regulation. National competent one national supervisory authoritiesy, which shall be organised so as to safeguard the objectivity and impartiality of theirits activities and tasks.
Amendment 2562 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 2
Article 59 – paragraph 2
2. Each Member State shall designate a national supervisory authority among the national competent authorities. The national supervisory authority shall act as notifying authority and market surveillance authority unless a Member State has organisational and administrative reasons to designate more than onThe national supervisory authority shall be in charge to ensure the application and implementation of this Regulation. With regard to high-risk AI systems, related to products to which legal acts listed in Annex II apply, the competent authorities designated under those legal acts shall continue to lead the administrative procedures. However, to the extent a case involves aspects covered by this Regulation, the competent authorities shall be bound by measures issued by the national supervisory authority designated under this Regulation. The national supervisory authority shall also act as notifying authority and market surveillance authority.
Amendment 2566 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 3
Article 59 – paragraph 3
3. The national supervisory authority in each Member States shall inform the Commission of their designation or desigbe the lead authority, ensure adequate coordinations and, where applicable, the reasons for designating more than one authority act as single point of contact for this Regulation. Member States shall inform the Commission of their designations.
Amendment 2570 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 4
Article 59 – paragraph 4
4. Member States shall ensure that national competentsupervisory authorities arey is provided with adequate financial and human resources to fulfil theirits tasks under this Regulation. In particular, national competentsupervisory authorities shall have a sufficient number of personnel permanently available personnel, whose competences and expertise shall include an in-depth understanding of artificial intelligence technologies, data, data protection and data computing, cybersecurity, competition law, fundamental rights, health and safety risks ands well as knowledge of existing standards and legal requirements.
Amendment 2573 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 4 a (new)
Article 59 – paragraph 4 a (new)
4 a. National supervisory authorities shall satisfy the minimum cybersecurity requirements set out for public administration entities identified as operators of essential services pursuant to Directive XXXX/XX on measures for a high common level of cybersecurity across the Union (NIS 2), repealing Directive (EU) 2016/1148.
Amendment 2576 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 4 b (new)
Article 59 – paragraph 4 b (new)
4 b. Any information and documentation obtained by the national supervisory authorities pursuant to the provisions of this Article shall be treated in compliance with the confidentiality obligations set out in Article 70.
Amendment 2582 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 5
Article 59 – paragraph 5
5. Member States shall report to the Commission on an annual basis on the status of the financial and human resources of the national competentsupervisory authoritiesy with an assessment of their adequacy. The Commission shall transmit that information to the Board for discussion and possible recommendations.
Amendment 2585 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 6
Article 59 – paragraph 6
6. The Commission and board shall facilitate the exchange of experience between national competentsupervisory authorities.
Amendment 2592 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 7
Article 59 – paragraph 7
7. National competentsupervisory authorities may provide guidance and advice on the implementation of this Regulation, including to small-scale providersSMEs and start-ups, as long as it is not in contradiction with the Board’s or the Commission’s guidance and advice. Whenever national competentsupervisory authorities intend to provide guidance and advice with regard to an AI system in areas covered by other Union legislation, the competent national authorities under that Union legislation shall be consulted, as appropriate. Member States may also establish one central contact point for communication with operators.
Amendment 2596 #
2021/0106(COD)
Proposal for a regulation
Article 59 a (new)
Article 59 a (new)
Amendment 2616 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
1. The Commission shall, in collaboration with the Member States and by building on the existing Business Registries in line with Directive 2012/17/EU, set up and maintain a EU database containing information referred to in paragraph 2 concerning high-risk AI systems referred to in Article 6(2)listed in Annex III which are registered in accordance with Article 51.
Amendment 2619 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 2
Article 60 – paragraph 2
2. The data listed in Annex VIII shall be entered into the EU database by the providers. The Commission shall provide them with technical and administrative supportpost-market monitoring system shall actively and systematically collect, document and analyse relevant data provided by users or collected through other sources, to the extent such data are readily accessible to the provider and taking into account the limits resulting from data protection, copyright and competition law, on the performance of high-risk AI systems throughout their lifetime, and allow the provider to evaluate the continuous compliance of AI systems with the requirements set out in Title III, Chapter 2.
Amendment 2631 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 4 a (new)
Article 60 – paragraph 4 a (new)
4 a. The EU database shall not contain any confidential business information or trade secrets of a natural or legal person, including source code.
Amendment 2636 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 5 a (new)
Article 60 – paragraph 5 a (new)
5 a. Any information and documentation obtained by the Commission and Member States pursuant to the provisions of this Article shall be treated in compliance with the confidentiality obligations set out in Article 70.
Amendment 2639 #
2021/0106(COD)
1. Providers shall establish and document a post-market monitoring system in a manner that is proportionate to the nature of the artificial intelligence technologies and the risks of the high-risk AI system.
Amendment 2644 #
2021/0106(COD)
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
2. TIn order to allow the provider to evaluate the compliance of AI systems with the requirements set out in Title III, Chapter 2 throughout their lifetime, the post-market monitoring system shall actively and systematically collect, document and analyse relevant data provided by users or collected through other sources on, to the performance of high- risk AI systems throughout their lifetime, and allow the provider to evaluate the continuous compliance of AI systems with the requirements set out in Title III, Chapter 2extent such data are readily accessible to the provider and taking into account the limits resulting from data protection, copyright and competition law, on the performance of high-risk AI systems.
Amendment 2649 #
2021/0106(COD)
Proposal for a regulation
Title VIII – Chapter 2 – title
Title VIII – Chapter 2 – title
2 Sharing of information on incidents and malfunctioning
Amendment 2650 #
2021/0106(COD)
Proposal for a regulation
Article 62 – title
Article 62 – title
Reporting of serious incidents and of malfunctioning
Amendment 2653 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 1 – introductory part
Article 62 – paragraph 1 – introductory part
1. Providers of high-risk AI systems placed on the Union market shall report any serious incident or any malfunctioning of those systems which constitutes a breach of obligations under Union law intended to protect fundamental rights to the market surveillance authorities of the Member States where that incident or breach occurred.
Amendment 2662 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1
Article 62 – paragraph 1 – subparagraph 1
Such notification shall be made immediatwithout undue delay after the provider has established a causal link between the AI system and the serious incident or malfunctioning or the reasonable likelihood of such a link, and, in any event, not later than 15 day72 hours after the providers becomes aware of the serious incident or of the malfunctioning.
Amendment 2663 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1 a (new)
Article 62 – paragraph 1 – subparagraph 1 a (new)
No report under this Article is required if the serious incident also leads to reporting requirements under other laws. In that case, the authorities competent under those laws shall forward the received report to the national competent authority.
Amendment 2665 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
Amendment 2669 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 3
Article 62 – paragraph 3
3. For high-risk AI systems referred to in point 5(b) of Annex III which are placed on the market or put into service by providers that are credit institutions regulated by Directive 2013/36/EU and for high-risk AI systems which are safety components of devices, or are themselves devices, covered by Regulation (EU) 2017/745 and Regulation (EU) 2017/746subject to regulations that require solutions equivalent to those set out in this Regulation, the notification of serious incidents or malfunctioning shall be limited to those that that constitute a breach of obligations under Union law intended to protect fundamental rightsreferred to in Article 3(44).
Amendment 2675 #
2021/0106(COD)
Proposal for a regulation
Article 63 – paragraph 3 a (new)
Article 63 – paragraph 3 a (new)
Amendment 2680 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
1. AWhen appropriate and proportionate, market surveillance authorities may request access to data and documentation in the context of their activities, t. The market surveillance authorities shall only be granted full, access to those training, machine-learning validation and testing datasets used by the provider, including through application programming interfaces (‘API’) that are relevant and strictly necessary for other appropriate technical means and tools enabling remote access purpose of its request, after it has been clearly demonstrated that the data and documentation provided under paragraph 1 was not sufficient to assess conformity.
Amendment 2686 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 1 a (new)
Article 64 – paragraph 1 a (new)
1 a. Providers may challenge requests through an appeal procedure made available by Member States.
Amendment 2687 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
Amendment 2699 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 4
Article 64 – paragraph 4
4. By 3 months after the entering into force of this Regulation, each Member State shall identify the public authorities or bodies referred to in paragraph 3 and make a list publicly available on the website of the national supervisory authority. Member States shall notify the list to the Commission and all other Member States and keep the list up to date. The European Commission shall publish in a dedicated website the list of all the Competent authorities designated by the Member States in accordance with this article.
Amendment 2746 #
2021/0106(COD)
Proposal for a regulation
Article 67
Article 67
Amendment 2766 #
2021/0106(COD)
Proposal for a regulation
Article 68 – paragraph 1 – point b
Article 68 – paragraph 1 – point b
(b) the conformityCE marking has not been affixed;
Amendment 2768 #
2021/0106(COD)
Proposal for a regulation
Article 68 – paragraph 2
Article 68 – paragraph 2
2. Where the non-compliance referred to in paragraph 1 persists, the Member State concerned shall take all appropriproportionate measures to restrict or prohibit the high- risk AI system being made available on the market or ensure that it is recalled or withdrawn from the market.
Amendment 2777 #
2021/0106(COD)
Proposal for a regulation
Article 68 a (new)
Article 68 a (new)
Article 68 a Right to lodge a complaint with a supervisory authority 1. Every citizen who considers that his or her right to protection of personal data has been infringed by the use of a prohibited AI system or a high-risk AI system shall have the right to lodge a complaint with the authority in charge to handle complaints under Article 77 of Regulation (EU) 2016/679 in the Member State of his or her habitual residence, place of work or place of the alleged infringement. 2. The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint.
Amendment 2788 #
2021/0106(COD)
Proposal for a regulation
Article 69 – paragraph 1 a (new)
Article 69 – paragraph 1 a (new)
1 a. The Commission and the Board shall encourage and facilitate the drawing up of Codes of Conduct intended to foster the voluntary application of the concept of trustworthy AI set out in Article 4(a) to AI systems other than high-risk AI systems on the basis of technical specifications and solutions that are appropriate means of ensuring compliance with such requirements in light of the intended purpose of the system.
Amendment 2794 #
2021/0106(COD)
Proposal for a regulation
Article 69 – paragraph 4
Article 69 – paragraph 4
4. The Commission and the Board shall take into account the specific interests and needs of the small-scale providerSMEs and start-ups when encouraging and facilitating the drawing up of codes of conduct.
Amendment 2795 #
2021/0106(COD)
Proposal for a regulation
Article 70 – paragraph 1 – introductory part
Article 70 – paragraph 1 – introductory part
1. National competent authorities, market surveillance authorities and notified bodies involved in the application of this Regulation shall respectput effective cybersecurity, technical and organisational measures in place to ensure the confidentiality of information and data obtained in carrying out their tasks and activities in such a manner as to protect, in particular:
Amendment 2799 #
2021/0106(COD)
Proposal for a regulation
Article 70 – paragraph 1 – point a
Article 70 – paragraph 1 – point a
(a) intellectual property rights, and confidential business information or trade secrets of a natural or legal person in line with the 2016 EU Trade Secrets Directive (Directive 2016/943) as well as the 2004 Directive on the enforcement of intellectual property rights (Directive 2004/48/EC), including source code, except the cases referred to in Article 5 of Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure apply.
Amendment 2802 #
2021/0106(COD)
Proposal for a regulation
Article 70 – paragraph 1 – point c a (new)
Article 70 – paragraph 1 – point c a (new)
(c a) the principles of purpose limitation and data minimization, meaning that national competent authorities minimize the quantity of data requested for disclosure in line with what is absolutely necessary for the perceived risk and its assessment, and they must not keep the data for any longer than absolutely necessary.
Amendment 2804 #
2021/0106(COD)
Proposal for a regulation
Article 70 – paragraph 1 a (new)
Article 70 – paragraph 1 a (new)
1 a. In cases where the activity of national competent authorities, market surveillance authorities and notified bodies pursuant to the provisions of this Article results in a breach of intellectual property rights, Member States shall provide for the measures, procedures and remedies necessary to ensure the enforcement of the intellectual property rights in full application of Directive 2004/48/EC on the enforcement of intellectual property rights.
Amendment 2811 #
2021/0106(COD)
Proposal for a regulation
Article 70 – paragraph 4
Article 70 – paragraph 4
4. The Commission and Member States may, if consistent with the provisions contained in EU trade agreements with third countries, exchange, where necessary, confidential information with regulatory authorities of third countries with which they have concluded bilateral or multilateral confidentiality arrangements guaranteeing an adequate level of confidentiality.
Amendment 2818 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 1
Article 71 – paragraph 1
1. In compliance with the terms and conditions laid down in this Regulation, Member States shall lay down the rules on penalties, including administrative fines, applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are properly and effectively implemented and aligned with the guidelines issued by the Board, as referred to in Article 58 (c) (iii). The penalties provided for shall be effective, proportionate, and dissuasive. They shall take into particular account the interests of small-scale providerSMEs and start-up and their economic viability.
Amendment 2826 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
2. The Member States shall notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 2833 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 3 – introductory part
Article 71 – paragraph 3 – introductory part
3. The following infringementsNon-compliance with the prohibition of the AI practices referred to in Article 5 shall be subject to administrative fines of up to 320 000 000 EUR or, if the offender is a company, up to 6 4% of its total worldwide annual turnover for the preceding financial year, whichever is higher:.
Amendment 2837 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 3 – point a
Article 71 – paragraph 3 – point a
Amendment 2843 #
2021/0106(COD)
Amendment 2847 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 4
Article 71 – paragraph 4
4. The grossly negligent non- compliance by the provider or user of the AI system with anythe respective requirements or obligations under this Regulation, other than those laid down in Articles 5 and 10, shall be subject to administrative fines of up to 210 000 000 EUR or, if the offender is a company, up to 42 % of its total worldwide annual turnover for the preceding financial year, whichever is higher, and in case of SMEs and start-ups, up to 1% of its worldwide annual turnover for the preceding financial year, whichever is higher.
Amendment 2855 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 5
Article 71 – paragraph 5
5. The supply of incorrect, incomplete or misleading information to notified bodies and national competent authorities in reply to a request shall be subject to administrative fines of up to 10 000 000 EUR or, if the offender is a company, up to 2 % of its total worldwide annual turnover for the preceding financial year, whichever is higher and in case of SMEs and start- ups, up to 1% of its worldwide annual turnover for the preceding financial year, whichever is higher.
Amendment 2862 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 6 – introductory part
Article 71 – paragraph 6 – introductory part
6. When decidingFines may be imposed in addition to or instead of non-monetary measures such as orders or warnings. When deciding on whether to impose a fine or on the amount of the administrative fine in each individual case, all relevant circumstances of the specific situation shall be taken into account and due regard shall be given to the following:
Amendment 2863 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 6 – point a
Article 71 – paragraph 6 – point a
(a) the nature, gravity and duration of the infringement and of its consequences taking into account the nature, scope or purpose of the AI system concerned, as well as the number of individuals affected, and the level of damage suffered by them;
Amendment 2867 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 6 – point c
Article 71 – paragraph 6 – point c
(c) the size, the annual turnover and market share of the operator committing the infringement;
Amendment 2868 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 6 – point c a (new)
Article 71 – paragraph 6 – point c a (new)
(c a) any action taken by the provider to mitigate the harm or damage suffered by the affected persons;
Amendment 2869 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 6 – point c a (new)
Article 71 – paragraph 6 – point c a (new)
(c a) the intentional or negligent character of the infringement;
Amendment 2870 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 6 – point c c (new)
Article 71 – paragraph 6 – point c c (new)
(c c) the degree of cooperation with the national competent authorities, in order to remedy the infringement and mitigate the possible adverse effects of the infringement;
Amendment 2871 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 6 – point c c (new)
Article 71 – paragraph 6 – point c c (new)
(c c) any relevant previous infringements by the provider;
Amendment 2872 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 6 – point c e (new)
Article 71 – paragraph 6 – point c e (new)
(c e) any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement;
Amendment 2873 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 6 – point c e (new)
Article 71 – paragraph 6 – point c e (new)
(c e) the manner in which the infringement became known to the national competent authority, in particular whether, and if so to what extent, the provider notified the infringement;
Amendment 2874 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 6 – point c g (new)
Article 71 – paragraph 6 – point c g (new)
(c g) in the context of paragraph 5 of this Article, the intentional or unintentional nature of the infringement.
Amendment 2880 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 8 a (new)
Article 71 – paragraph 8 a (new)
8 a. Administrative fines shall not be applied to a participant in a regulatory sandbox, who was acting in line with the recommendation issued by the supervisory authority.
Amendment 2882 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 8 b (new)
Article 71 – paragraph 8 b (new)
8 b. The penalties referred to in this article as well as the associated litigation costs and indemnification claims may not be the subject of contractual clauses or other form of burden-sharing agreements between the providers and distributors, importers, users, or any other third- parties.
Amendment 2883 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 8 c (new)
Article 71 – paragraph 8 c (new)
8 c. The exercise by the market surveillance authority of its powers under this Article shall be subject to appropriate procedural safeguards in accordance with Union and Member State law, including effective judicial remedy and due process.
Amendment 2920 #
2021/0106(COD)
Proposal for a regulation
Article 73 – paragraph 2 a (new)
Article 73 – paragraph 2 a (new)
2 a. The delegation of power referred to in Article 4, Article 7(1), Article 11(3), Article 43(5) and (6) and Article 48(5) shall undergo due process, be proportionate and be based on a permanent and institutionalised exchange with the relevant stakeholders as well as the Board and the High Level Expert Group on AI.
Amendment 2934 #
2021/0106(COD)
Proposal for a regulation
Article 80 – paragraph 1 – introductory part
Article 80 – paragraph 1 – introductory part
In Article 5 of Regulation (EU) 2018/858 the following paragraph iss are added:
Amendment 2936 #
2021/0106(COD)
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
Regulation (EU) 2018/858
Article 5
Article 5
4 a. The Commission shall, prior to fulfilling the obligation pursuant to paragraph 4, provide a reasonable explanation based on a gap analysis of existing sectoral legislation in the automative sector to determine the existence of potential gaps relating to Artifical Intelligence therein, and consult relevant stakeholders, in order to avoid duplications and overregulation, in line with the Better Regulation principle.
Amendment 2938 #
2021/0106(COD)
Proposal for a regulation
Article 82 – paragraph 1 – introductory part
Article 82 – paragraph 1 – introductory part
In Article 11 of Regulation (EU) 2019/2144, the following paragraph iss are added:
Amendment 2941 #
2021/0106(COD)
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
Regulation (EU) 2019/2144
Article 11
Article 11
3 a. The Commission shall, prior to fulfilling the obligation pursuant to paragraph 3, provide a reasonable explanation based on a gap analysis of existing sectoral legislation in the automative sector to determine the existence of potential gaps relating to Artifical Intelligence therein, and consult relevant stakeholders, in order to avoid duplications and overregulation, in line with the Better Regulation principle.
Amendment 2955 #
2021/0106(COD)
Proposal for a regulation
Article 83 – paragraph 2
Article 83 – paragraph 2
2. This Regulation shall apply to the high-risk AI systems, other than the ones referred to in paragraph 1, that have been placed on the market or put into service before [date of application of this Regulation referred to in Article 85(2)], only if, from that date, those systems are subject to significant changes as defined in Article 3(23) in their design or intended purpose, and those changes are not needed to comply with applicable existing or new legislation, or to provide security fixes.
Amendment 2998 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 7 a (new)
Article 84 – paragraph 7 a (new)
7 a. Any amendment to this Regulation pursuant to paragraph 7, or relevant future delegated or implementing acts, which concern sectoral legislation listed in annex II section B, shall take into account the regulatory specificities of each sector, and should not interfere with existing governance, conformity assessment and enforcement mechanisms and authorities established therein.
Amendment 3002 #
2021/0106(COD)
Proposal for a regulation
Article 85 – paragraph 2
Article 85 – paragraph 2
2. This Regulation shall apply from [248 months following the entering into force of the Regulation].
Amendment 3005 #
2021/0106(COD)
Proposal for a regulation
Article 85 – paragraph 3 – point b a (new)
Article 85 – paragraph 3 – point b a (new)
(b a) Title II shall apply from [24 months following the entry into force of this Regulation].
Amendment 3006 #
2021/0106(COD)
Proposal for a regulation
Article 85 – paragraph 3 a (new)
Article 85 – paragraph 3 a (new)
3 a. Member States shall not until ... [24 months after the date of application of this Regulation] impede the making available of AI systems and products which were placed on the market in conformity with Union harmonisation legislation before [the date of application of this Regulation].
Amendment 3009 #
2021/0106(COD)
Proposal for a regulation
Article 85 – paragraph 3 b (new)
Article 85 – paragraph 3 b (new)
3 b. At the latest by six months after entry into force of this Regulation, the European Commission shall submit a standardization request to the European Standardisation Organisations in order to ensure the timely provision of all relevant harmonised standards that cover the essential requirements of this regulation. Any delay in submitting the standardisation request shall add to the transitional period of 24 months as stipulated in paragraph 4
Amendment 3015 #
2021/0106(COD)
Proposal for a regulation
Annex I – point b
Annex I – point b
Amendment 3020 #
2021/0106(COD)
Proposal for a regulation
Annex I – point c
Annex I – point c
Amendment 3031 #
2021/0106(COD)
Proposal for a regulation
Annex II – Part A – point 6
Annex II – Part A – point 6
Amendment 3032 #
2021/0106(COD)
Proposal for a regulation
Annex II – Part A – point 11
Annex II – Part A – point 11
Amendment 3033 #
2021/0106(COD)
Proposal for a regulation
Annex II – Part A – point 11
Annex II – Part A – point 11
Amendment 3034 #
2021/0106(COD)
Proposal for a regulation
Annex II – Part A – point 12
Annex II – Part A – point 12
Amendment 3038 #
2021/0106(COD)
Proposal for a regulation
Annex II – Part B – point 7 a (new)
Annex II – Part B – point 7 a (new)
7 a. 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) No1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117,5.5.2017, p. 1;
Amendment 3039 #
2021/0106(COD)
Proposal for a regulation
Annex II – Part B – point 7 a (new)
Annex II – Part B – point 7 a (new)
7 a. 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;
Amendment 3041 #
2021/0106(COD)
Proposal for a regulation
Annex II – Part B – point 7 b (new)
Annex II – Part B – point 7 b (new)
7 b. 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).
Amendment 3044 #
2021/0106(COD)
Proposal for a regulation
Annex III – title
Annex III – title
Amendment 3046 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – introductory part
Annex III – paragraph 1 – introductory part
Amendment 3048 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – introductory part
Annex III – paragraph 1 – point 1 – introductory part
1. Biometric identification and categorisation of natural persons:systems, excluding biometric authentication or verification, intended to be used for the ‘real-time’ and ‘post’ remote biometric identification or categorisation of natural persons (i.e., revealing their identity or tracking their behaviour) without their expressed or implied consent and causing legal effects or discrimination against the affected person;
Amendment 3055 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a
Annex III – paragraph 1 – point 1 – point a
Amendment 3094 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 2 – point a
Annex III – paragraph 1 – point 2 – point a
(a) AI systems intended to be used as safety or security components in the management and operation of road traffic andto the supply of water, gas, heatextent that they are not embedded ing and electricity. vehicle;
Amendment 3095 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 2 – point a a (new)
Annex III – paragraph 1 – point 2 – point a a (new)
(a a) AI systems intended to be used as safety or security components in the management and operation of the supply of water, gas, heating and electricity, provided the failure of the AI system is highly likely to lead to an imminent threat to such supply.
Amendment 3097 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 3 – point a
Annex III – paragraph 1 – point 3 – point a
(a) AI systems intended to be used for the purpose of determining access or assigningor materially influence decision on the admission of natural persons to educational and vocational training institutions;
Amendment 3101 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 3 – point b
Annex III – paragraph 1 – point 3 – point b
(b) AI systems intended to be used for the purpose of assessing the learning outcome of students in educational and vocational training institutions and for assessing participants in tests commonly required for admission to educationalthese institutions.
Amendment 3105 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 4 – introductory part
Annex III – paragraph 1 – point 4 – introductory part
Amendment 3106 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 4 – point a
Annex III – paragraph 1 – point 4 – point a
Amendment 3112 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 4 – point b
Annex III – paragraph 1 – point 4 – point b
Amendment 3124 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 5 – point a
Annex III – paragraph 1 – point 5 – point a
(a) AI systems intended to be used by public authorities or on behalf of public authorities to evaluate and decide on the eligibility of natural persons for public assistance benefits and services, as well as to grant, reduce, revoke, or reclaim such benefits and services;
Amendment 3126 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 5 – point b
Annex III – paragraph 1 – point 5 – point b
Amendment 3153 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point a
Annex III – paragraph 1 – point 6 – point a
(a) AI systems intended to be used by law enforcement authorities or on their behalf for making individual risk assessments of natural persons in order to assess the risk ofor a natural person for offending or reoffending or the risk for a natural person to become a potential victims of criminal offences;
Amendment 3179 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point e
Annex III – paragraph 1 – point 6 – point e
(e) AI systems intended to be used by law enforcement authorities for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons as referred to in Article 3(4) of Directive (EU) 2016/680 or assessing personality traits and characteristics or past criminal behaviour of natural persons or groups, with the exception of AI systems used for compliance with applicable counterterrorism and anti-money laundering legislation;
Amendment 3186 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point g
Annex III – paragraph 1 – point 6 – point g
Amendment 3229 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 8 – introductory part
Annex III – paragraph 1 – point 8 – introductory part
8. Administration of justice and democratic processes:
Amendment 3232 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 8 – point a
Annex III – paragraph 1 – point 8 – point a
(a) AI systems intended to assistbe used by a judicial authority, administrative body or on their behalf for in researching and interpreting facts and the law and infor applying the law to a concrete set of facts.
Amendment 3247 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 1 – point a
Annex IV – paragraph 1 – point 1 – point a
(a) its intended purpose, the person/s developing the system the datename of the provider and the version of the system;
Amendment 3252 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 1 – point b
Annex IV – paragraph 1 – point 1 – point b
(b) how the AI system interacts or can be used to interacts intended to be used with hardware or software that is not part of the AI system itself, where applicable;
Amendment 3254 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 1 – point c
Annex IV – paragraph 1 – point 1 – point c
(c) the versions of relevant software or firmware and any requirement related to version updatversion update information for the user, where applicable;
Amendment 3255 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 1 – point d
Annex IV – paragraph 1 – point 1 – point d
(d) the description of all forms in which the AI system is placedr list of the various configurations and variants of the AI system which are intended to be made available on the market or put into service;
Amendment 3256 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 1 – point f
Annex IV – paragraph 1 – point 1 – point f
(f) where the AI system is a component of products, photographs or illustrations showing external features, marking and internal layout of those productsdescriptions and, if applicable, photographs or illustrations of the user interface;
Amendment 3259 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 2 – introductory part
Annex IV – paragraph 1 – point 2 – introductory part
2. A detailed descripProvided that no confidential information ofr the elementsrade secrets are disclosed, a detailed description of the AI system and of the process for its development, including:
Amendment 3261 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 2 – point b
Annex IV – paragraph 1 – point 2 – point b
(b) the architecture and design specifications: a description of the AI system, namely the general logic of the AI system and of the algorithms architecture, with a decomposition of its components and interfaces, how they relate to one another and how they provide for the overall processing or logic of the AI system; the key design choices including the rationale and assumptions made, also with regard to persons or groups of persons on which the system is intended to be used; the main classification choices; what the system is designed to optimise for and the relevance of the different parameters; the decisions about any possible trade-off made regarding the technical solutions adopted to comply with the requirements set out in Title III, Chapter 2;
Amendment 3264 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 2 – point c
Annex IV – paragraph 1 – point 2 – point c
Amendment 3265 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 2 – point d
Annex IV – paragraph 1 – point 2 – point d
Amendment 3268 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 2 – point g
Annex IV – paragraph 1 – point 2 – point g
(g) the validation and testing procedures used, including information about the machine-learning validation and testing data used and their main characteristics; metricsinformation used to measure accuracy, robustness, cybersecurity and compliance with other relevant requirements set out in Title III, Chapter 2 as well as potentially discriminatory impacts; test logs and all test reports dated and signed by the responsible persons, including with regard to pre-determined changes as referred to under point (f).;
Amendment 3271 #
2021/0106(COD)
(g a) cybersecurity measures put in place.
Amendment 3278 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 5
Annex IV – paragraph 1 – point 5
Amendment 3284 #
2021/0106(COD)
Proposal for a regulation
Annex VII – point 4 – point 4.3
Annex VII – point 4 – point 4.3
4.3. The technical documentation shall be examined by the notified body. To this purpose, the notified body shall be granted full access to the training and testing datasets used by the provider, including through application programming interfaces (API) or other appropriate means and tools enabling remote access.
Amendment 3285 #
2021/0106(COD)
Proposal for a regulation
Annex VII – point 4 – point 4.4
Annex VII – point 4 – point 4.4
4.4. In examining the technical documentation, the notified body may require that the provider supplies further evidence or carries out further tests so as to enable a proper assessment of conformity of the AI system with the requirements set out in Title III, Chapter 2. Whenever the notified body is not satisfied with the tests carried out by the provider, the notified body shall directly carry out adequate tests, as appropriate.
Amendment 3305 #
2021/0106(COD)
Proposal for a regulation
Annex VIII – point 11
Annex VIII – point 11
Amendment 3311 #
2021/0106(COD)
Proposal for a regulation
Annex IX – title
Annex IX – title
Amendment 182 #
2021/0050(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Directive 2006/54/EC of the European Parliament and of the Council42 provides that for the same work or for work of equal value, direct and indirect discrimination on grounds of sex with regard to all aspects and conditions of remuneration is to be eliminated. In particular, where a job classification system is used for determining pay, it should be based on the same objective criteria for both men and women and should be drawn up so as to exclude any discrimination on grounds of sex. _________________ 42 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23).
Amendment 251 #
2021/0050(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to respect the right to equal pay between men and women, employers must have pay setting mechanisms which could be established through social partners or pay structures in place ensuring that there are no pay differences between male and female workers doing the same work or work of equal value that are not justified by objective and gender-neutral factors. Such pay structures should allow for the comparison of the value of different jobs within the same organisational structure. In line with the case law of the Court, the value of work should be assessed and compared based on objective criteria, such as educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved.49 _________________ 49 For example, Case C-400/93, Royal Copenhagen, ECLI:EU:C:1995:155; Case C-309/97, Angestelltenbetriebsrat der Wiener Gebietskrankenkasse, ECLI:EU:C:1999:241; Case C-381/99, Brunnhofer, ECLI:EU:C:2001:358; Case C-427/11, Margaret Kenny and Others v Minister for Justice, Equality and Law Reform and Others [2013] ECLI:EU:C:2013:122, paragraph 28.
Amendment 261 #
2021/0050(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The identification of a valid comparator is an important parameter in determining whether work may be considered of equal value. It enables the worker to show that they were treated less favourably than the comparator of a different sex performing equal work or work of equal value. In situations where no real-life comparator exists, the use of a hypothetical comparator should be allowed, allowing a worker to show that they have not been treated in the same way as a hypothetical comparator of another sex would have been treated. This would lift an important obstacle for potential victims of gender pay discrimination, especially in highly gender- segregated employment markets where a requirement of finding a comparator of the opposite sex makes it almost impossible to bring an equal pay claim. In addition, workers should not be prevented from using other facts from which an alleged discrimination can be presumed, such as statistics or other available information. This would allow gender-based pay inequalities to be more effectively addressed in gender-segregated sectors and professions.
Amendment 294 #
2021/0050(COD)
Proposal for a directive
Recital 20
Recital 20
(20) The lack of information on the envisaged pay range of a job position creates an information asymmetry which limits the bargaining power of applicants. Ensuring transparency should enable prospective workers to make an informed decision about the expected salary without limiting in any way the employer’s or worker’s bargaining power to negotiate a salary even outside the indicated range. It would also ensure an explicit and non- gender biased basis for pay setting and would disrupt the undervaluation of pay compared to skills and experience. This transparency measure would also address intersectional discrimination where non- transparent pay settings allow for discriminatory practices on several discrimination grounds. The information to be provided to applicants prior to employment, if not published in a job vacancy notice, could be provided to the applicant prior to the job interview by the employer or in a different manner, for instance by the social partners.
Amendment 325 #
2021/0050(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Employers with at least 2500 workers or lower, only if already defined at a national level, should regularly report on pay, in a suitable and transparent manner, such as including the information in their management report. Companies subject to the requirements of Directive 2013/34/EU of the European Parliament and of the Council52 may also choose to report on pay alongside other worker- related matters in their management report. _________________ 52 Directive 2013/34/EU, as amended by Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 as regards disclosure of non- financial and diversity information by certain large undertakings and groups (OJ L 330, 15.11.2014, p. 1).
Amendment 350 #
2021/0050(COD)
Proposal for a directive
Recital 28
Recital 28
(28) In order to make the information on the pay gap between female and male workers at organisational level widely available, Member States should entrust the monitoring body designated pursuant to this Directive to aggregate in cooperation with the social partners and competent national authorities the data on the pay gap received from employers without putting additional burden on the latter. The monitoring body should make these data public, allowing to compare the data of individual employers, sectors and regions of the Member State concerned.
Amendment 388 #
2021/0050(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Involving equality bodies, besides other stakeholders, is instrumental in effectively applying the principle of equal pay. The powers and mandates of the national equality bodies or other competent national authority should therefore be adequate to fully cover gender pay discrimination, including any pay transparency or any other rights and obligations laid down in this Directive. In order to overcome the procedural and cost- related obstacles that workers who believe to be discriminated against face when they seek to enforce their right to equal pay, equality bodies, as well as associations, organisations, bodies and workers’ representatives or other legal entities with an interest in ensuring equality between men and women, should be able to represent individuals. They should be able to decide to assist workers on their behalf or in their support, which would allow workers who have suffered discrimination to effectively claim their rights and the principle of equal pay to be enforced.
Amendment 439 #
2021/0050(COD)
Proposal for a directive
Recital 48
Recital 48
(48) In order to ensure proper monitoring of the implementation of the right to equal pay between men and women for the same work or work of equal value, Member States should set up or designate a dedicated monitoring body. This body, which may be part of an existing body pursuing similar objectives, and which cooperates in particular with social partners and other bodies responsible for the enforcement of workers’ rights, should have specific tasks in relation to the implementation of the pay transparency measures foreseen in this Directive and gather certain data to monitor pay inequalities and the impact of the pay transparency measures.
Amendment 455 #
2021/0050(COD)
Proposal for a directive
Recital 52
Recital 52
(52) In implementing this Directive Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of micro, small and medium-sized enterprises. Member States are therefore invited to assess the impact of their transposition act, on small and medium-sized enterprises in order to ensure that they are not disproportionately affected, giving specific attention to micro-enterprises, to alleviate the administrative burden, and to publish the results of such assessments. Member States shall provide support, technical assistance and training, in particular for microenterprises and small and medium- sized enterprises, to comply with these obligations.
Amendment 536 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures, after consulting the social partners and the equality bodies or other competent authority to ensure that employers have pay structures in place ensuring that women and men are paid equally for the same work or work of equal value.
Amendment 550 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall take the necessary measures ensuring, after consulting the social partners and equality bodies or other competent authority, to ensure that tools or methodologies are established to assess and compare the value of work in line with the criteria set out in this Article. These tools or methodologies may include gender- neutral job evaluation and classification systems.
Amendment 564 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The tools or methodologies shall allow assessing, in regard to the value of work, whether workers are in a comparable situation, on the basis of objective criteria which shall include. These criteria shall include, for example, educational, professional and training requirements, skills, effort and responsibility, work undertaken and, the nature of the tasks involved, ability and performance, sector specific work organization, productivity and length of service. They shall not contain or be based on criteria which are based, whether directly or indirectly, on workers’ sex.
Amendment 584 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Whenever differences in pay can be attributed to a single source establishing the pay conditions, the assessment whether workers are carrying out the same work or work of equal value shall not be limited to situations in which female and male workers work for the same employer but may be extended to that single source. The assessment shall also not be limited to workers employed at the same time as the worker concerned. Where no real comparator can be established, a comparison with a hypothetical comparator or the use of other evidence allowing to presume alleged discrimination shall be permitted.
Amendment 589 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Where a job evaluation and classification system is used for determining pay, it shall be based on the same objective criteria for both men and women and drawn up so as to exclude any discrimination on grounds of sex.
Amendment 625 #
2021/0050(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
The employer shall make easily accessible toprovide for its workers a description of the criteria used to determine pay levels and career progression for workers. These criteria shall be gender-neutral.
Amendment 633 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Workers shall have the right to receive clear and complete information on their individual pay level and the average pay levels, broken down by sex, for categories of workers doing the same work as them or work of equal value to theirs, in accordance with paragraphs 3 and 4. In the case of companies that are bound by and/or apply collective agreements, it is sufficient to refer to the applicable collective agreement.
Amendment 647 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 654 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Employers shall provide the information referred to in paragraph 1 in writing within a reasonable period of time uponno longer than 2 months after receiving a worker’s request. The information shall be provided in accessible formats for workers with disabilities upon their request.
Amendment 657 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Workers shall have the possibilityright to request the information referred to in paragraph 1 through their representatives or and equality body or competent authority.
Amendment 677 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Employers with at least 2500 workers or lower if defined at a national level, shall provide the following information concerning their organisation, in accordance with paragraphs 2, 3, and 5: For employers bound by applicable agreements at sectoral level a presumption of appropriateness shall apply with regard to the implementation of reporting requirements in this article
Amendment 745 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The employer shall publish the information referred to in paragraph 1, points (a) to (f) on an annual basis in a user-friendly way on its website or shall otherwise make it publicly available. The information shall be published in accessible formats for persons with disabilities in line with EU harmonised accessibility legislation. The information from the previous four years, if available, shall also be accessible upon request. In addition, the employer shall share this information with the monitoring body referred to in paragraph 6.
Amendment 757 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States may decide to compile the information set out in paragraph 1, points (a) to (f) themselves, on the basis of administrative data such as data provided by employers to the tax or social security authorities. This information shall be made public in accordance with paragraph 6. Member States shall provide support, technical assistance and training, in particular for microenterprises and small and medium-sized enterprises, to comply with the obligations pursuant to this Article.
Amendment 797 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall take appropriate measures to ensure that employers with at least 2500 workers or lower if already defined at a national level, conduct, in cooperation with their workers’ following a joint agreement between social partners and in cooperation with workers’ representatives, a joint pay assessment where both of the following conditions are met:
Amendment 833 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 2 – point e
Article 9 – paragraph 2 – point e
(e) measures to address such differences if they are not justified on the basis of objective and gender-neutral criteria;. A Gender Action Plan shall be proportional, based on a balanced approach and shall not add an excessive administrative burden on the employer, in particular SMEs and micro-enterprises
Amendment 878 #
2021/0050(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 (new)
Article 11 – paragraph 1 – subparagraph 1 (new)
Member States shall, without prejudice to the autonomy of the social partners and the diversity of national practices and industrial relations systems, strengthen the capacity building of the social partners to promote gender equality and to tackle pay discrimination and the undervaluation of work that is predominantly carried out by women, with the aim of ensuring the application of the principle of equal pay for male and female workers for equal work or work of equal value in accordance with Article 157 TFEU.
Amendment 887 #
2021/0050(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall, in accordance with national law and practice and industrial relations systems, ensure that associations, organisations, equality bodies and workers’ representatives or other legal entities which have, in accordance with the criteria laid down by national law, a legitimate interest in ensuring gender equality between men and women, may engage in any judicial or administrative procedure to enforce any of the rights or obligations related to the principle of equal pay between men and women for equal work or work of equal value. They may act on behalf or in support of a worker who is victim of an infringement of any right or obligation related to the principle of equal pay between men and women for equal work or work of equal value, with the latter’s approval.
Amendment 941 #
2021/0050(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure that the limitation periods for bringing claims are set at three years at leastor in line with national specificities.
Amendment 974 #
2021/0050(COD)
Proposal for a directive
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. Member States shall ensure that fines are applied to infringements of the rights and obligations relating to equal pay for the same work or work of equal value. They shall set a proportional minimum level for such fines ensuring real deterrent effect. The level of the fines shall take into account:
Amendment 1018 #
2021/0050(COD)
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Each Member State shall designate a body (‘monitoring body’) for the monitoring and support of the implementation of national legal provisions implementing this Directive and shall make the necessary arrangements for the proper functioning of such body. The monitoring body may be part of existing bodies or structures at national level. It shall work closely with the social partners involved in the application of the principle of equal pay.
Amendment 1067 #
2021/0050(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
Member States shall provide the Commission (Eurostat) with up-to-date gender pay gap data annually and in a timely manner. These statistics shall be broken down by gender, economic sector, working time (full-time/part-time), economic control (public/private ownership) disability and age and be calculated on an annual basis.
Amendment 1082 #
2021/0050(COD)
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
2. When informing the Commission, Member States shall also accompany it with a summary of the results of their assessment regarding the impact of their transposition act on small and medium- sized enterprises including micro- enterprises and a reference to where such assessment is published.
Amendment 7 #
2020/2223(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasizes in particular that competition and consumer policies complement each other as they both aim to protect consumers and to ensure the normal functioning of the single market; recalls that the New Consumer Agenda presented by the European Commission as one of its objectives envisages the continuation of the fight against consumer scams, unfair marketing practices and fraud;
Amendment 12 #
2020/2223(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recalls that the Charter of Fundamental Rights of the European Union states that Union policies shall ensure a high level of consumer protection;
Amendment 13 #
2020/2223(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Recalls that competition rules protect the integrity of the single market and help create a level playing field for businesses, while also undoubtedly helping to better protect consumer rights and promote innovations;
Amendment 20 #
2020/2223(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes with concern the growing interest of external actors in strengthening and consolidating their influence in European companies in the context of the crisis caused by the pandemic; calls on the European Commission to closely monitor such trends, and in particular foreign direct investments, in order to ensure and preserve the integrity of the single market;
Amendment 23 #
2020/2223(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Recalls that 73% of the European Union's GDP is generated by services and that the single market for services is less developed than the single market for goods; considers that competition mechanisms can help strengthen the single market for services; emphasizes further that regulatory obligations must be proportionate and must in no way aim to create unjustified administrative barriers that prevent the further strengthening of the single market and fair competition;
Amendment 25 #
2020/2223(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Agrees that competition policy also plays a significant role in the EU’s modern industrial policy, with the aim of rendering European companies more innovative and therefore competitive internationally; stresses, however, that European self-sufficiency in the production of critical equipment such as personal protective equipment is crucial for consumer protection;
Amendment 28 #
2020/2223(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that regulating digital markets constitutes a core responsibility of the Committee on Internal Market and Consumer Protection; in this context, highlights the adoption of the P2B Regulation (Regulation (EU) 2019/11501 ) and notes that ex ante regulatory intervention willaims to address the gaps in ex post competition law enforcement; __________________ 1 OJ L 186, 11.7.2019, p. 57.
Amendment 33 #
2020/2223(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Notes the two legislative initiatives recently proposed by the European Commission: the Digital Services Act (DSA) and the Digital Markets Act (DMA); stresses their important role in complementing and strengthening the competition law enforcement; notes that proposed harmonised rules, better oversight and ex ante obligations will ensure that markets characterised by large platforms acting as digital gatekeepers remain fair and competitive for innovators, businesses, and new market entrants;
Amendment 62 #
2020/2223(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to ensure fair and secure access to data for all market participants without prejudice to the rules laid down by the General Data Protection Regulation; notes that it should empower consumers to control their data and provide them with additional rights in terms of data portability and interoperability in order to ensure that the single market for data is based on both, European values and European way of life as well as on fair competition.
Amendment 16 #
2020/2217(INI)
Draft opinion
Recital B
Recital B
B. whereas the implementation of a European data strategy should aim to improve European digital competitiveness, achieve interoperability, security of data usage, multimodality of transport and the further development of digitisation, particularly electronic documents, in order to reduce administrative burdens and costs for companies and consumers, while also creating quality employment;
Amendment 21 #
2020/2217(INI)
Draft opinion
Recital C
Recital C
C. whereas data sharing in the transport sector is aimed at improving traffic management and thus the efficiency of both passenger and freight transport; whereas it is of the utmost importance to focus on sensitive issues such asEuropean digital competitiveness, while ensuring compliance with EU data protection legislation, consumer rights and safeguarding the security of sensitive data;
Amendment 32 #
2020/2217(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes note ofWelcomes the Commission’s proposal to create a European data area establishing a genuine single market for data; stresses that such an area should yield benefits and advantages to European companies and, consumers, while preventing third countries fromhealthcare professionals and researchers, while preventing unauthorised accessing to sensitive data;
Amendment 38 #
2020/2217(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Establishes the ambition to make EU the world leader in digital innovation, business digitalisation, and smart data usage in the fields of transport, mobility and tourism;
Amendment 39 #
2020/2217(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Underlines that future legislation must be designed to facilitate technological development, innovation and data portability, rather than hampering it;
Amendment 81 #
2020/2217(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 82 #
2020/2217(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 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, such unjustified obstacles to international data flows;
Amendment 84 #
2020/2217(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Asks the Commission to explore the possibilities to facilitate data flows with strategically important third countries; to this end, data localisation requirements should be avoided where appropriate, data must be covered by the EU's free trade agreements, and efforts to conclude adequacy decisions with third countries must be accelerated;
Amendment 86 #
2020/2217(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Underlines that competitive access to data is of outmost importance for the development of Artificial Intelligence, which will be increasingly important to the transport and tourism sectors; 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 90 #
2020/2217(INI)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
Amendment 91 #
2020/2217(INI)
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4 g. Underlines that legal certainty and a fair possibility to oversee and comprehend data rules are key factors to unleashing the innovative potential of European businesses and researchers;
Amendment 115 #
2020/2217(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights that the digitisation of documents in freight transport should aim to reduce costs and administrative burdens for businesses, while ensuring that jobs are protectedspurring economic growth and thereby job creation;
Amendment 116 #
2020/2217(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission to devote particular attention to the situation of start-ups and SMEs, and to design future legislation in such a way as to improve conditions for these undertakings;
Amendment 117 #
2020/2217(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Underlines the need to avoid introducing requirements that hinder start-ups and SMEs in the digital sector, with the aim of preserving a diversity of actors, ensuring satisfactory competition and preventing the emergence of monopolies;
Amendment 3 #
2020/2216(INI)
Motion for a resolution
Recital A
Recital A
A. whereas substantial barriers still exist for the realisation of the full potential of the digital single marketin the digital single market still exist and they have to be removed in order to realise its full potential, and whereas a common EU approach is essential for its success;
Amendment 6 #
2020/2216(INI)
Motion for a resolution
Recital B
Recital B
B. whereas digitalisation has the potential to add significant value to the single market as a whole, and is important for both European consumers as well as traditional and non-traditional sectors;
Amendment 23 #
2020/2216(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the importance of a fully functioning digital single market for the benefit of consumers and enterprises and asks for SMEs to be supported in their digital transformation and expects from the Commission to introduce a fitness check for SMEs before proposing legislation;
Amendment 32 #
2020/2216(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that digitalisation and emerging technologies such as AI will be important for achieving the objectives of the Green Deal and for economic recovery from the COVID-19 crisis; considers that the COVID-19 crisis also offers an opportunity to speed up digitalisation, and that the digital transformation must serve the public interest overall;
Amendment 34 #
2020/2216(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that digitalisation and technologies such as AI will be important for achieving the objectives of the Green Deal and for economic recovery from the COVID-19 crisis; considers that the COVID-19 crisis also offers an opportunity to speed up digitalisation, and that the digital transformation must serve the public interest overall; believes that the digital transformation must be targeted to meet the needs of urban, rural and isolated regions in the EU;
Amendment 44 #
2020/2216(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to follow the ‘one in, one out’ principle in its future legislative proposals, and to addressvoid the fragmentation of the digital single market, remove any existing unjustified barriers in particular administrative burdens, and support innovation by reducing red tapeespecially for SMEs;
Amendment 52 #
2020/2216(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to increase support for key enablers of the digital economy, such as: investing in research and development, supporting commercial innovations in Europe, providing increased and broader access to data, building digital infrastructure, increasing the general availability of digital skills within the population, promoting technological leadership for the business environment, and creating a proportionate and harmonised regulatory environment;
Amendment 60 #
2020/2216(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to ensure wider coordination of investment in the NextGenerationEU recovery plan; calls on the Commission to propose concrete actions within this plan to support key digital enablers and high impact technologies in the EU such as artificial intelligence, high performance computing, quantum computing, cloud infrastructure, platforms, smart cities, 5G and fibre infrastructure;
Amendment 77 #
2020/2216(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls that we need a data economy that works for the entire EU, as it is a key enabler of digitalisation; believes that it is important for the EU to guarantee a high degree of control over data, with clear and balanced rules on intellectual property rights (IPR), but considers it essential to maintain openness towards third countries, and that the free flow of non-personal data across borders is important; supports the Commission’s aim to address unjustified obstacles to international non-personal data flows as well as the restrictions European companies sometimes face in third countries;
Amendment 84 #
2020/2216(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Outlines that consumer protection should play an important role in the Digital Services Act and is convinced that transparency and due diligence for online marketplaces would enhance the safety of products and therefore strengthen the trust of consumers in online marketplaces;
Amendment 86 #
2020/2216(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the New Consumer Agenda proposed by the Commission, and encourages the Commission to update consumer protection legislation, where appropriate, to take better account of new technologies and potential consumer harm; considers it important that we empower European consumers to play an active role in the digital transition and that when consumers are reassured that their rights will be protected in all circumstances there is an increase in trust and adoption of digital technologies;
Amendment 98 #
2020/2216(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Strongly believes that AI can be a force for good for all European citizens, and offer significant benefits and value for the economy, safety, security, education, healthcare, transport and the environment; believes the safety, security, inclusiveness, accessibility and fairness, especially for groups in vulnerable situations, of AI- driven products and services need to be ensured;
Amendment 109 #
2020/2216(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that while AI offers great potential, it can also present certain risks due to issues such as bias and opacity; believes that these risks can manifest themselves depending on the specific context and use-cases of AI;
Amendment 114 #
2020/2216(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that aside from some of the barriers to the development, adoption and effective regulation of digital technologies in the EU, a lack of consumer trust and confidence can hold back the widespread adoption of AI;
Amendment 121 #
2020/2216(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the Commission’s white paper on AI, and calls on the Commission to develop a common EU regulatory framework for AI that is risk-based, proportionate and clear, clear and common EU regulatory framework for AI; believes this is needed to oversee automated decision making systems and that this should complement existing legislation relevant to AI and ensure there is no duplication or new barriers created as a result;
Amendment 125 #
2020/2216(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the Commission’s white paper on AI, and calls on the Commission to develop a common EU regulatory framework for AI that is risk-based, proportionate and clear, clear and future-proof;
Amendment 130 #
2020/2216(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that, to varying degrees, AI is already subject to current European legislation, and calls on the Commission to issue clear guidance on the functioning and synergy between any current applicable legislation and any proposed new measures; considers it important not toto concentrate on filling the existing legal gaps in order to avoid over-regulateing AI;
Amendment 141 #
2020/2216(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Believes that the objective of a regulatory framework for AI should be to create an internal market for trustworthy and safe AI-enabled products, applications and services, and that this should be based on Article 114 of the TFEU;
Amendment 167 #
2020/2216(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Strongly believes that new regulatory requirements and assessments should be both understandable and implementable, and incorporated into existing sector specific requirements where possible and keep administrative burdens to a minimum;
Amendment 196 #
2020/2216(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Commission to update the existing product safety and liability framework in order to address new challenges posed by emerging digital technologies such as artificial intelligence;
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 4 #
2020/2023(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines the close economic ties and mutual dependence between the UK and the EU and therefore calls for an agreement maintaining, to the greatest extent possible, current transport connectivity.
Amendment 5 #
2020/2023(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
Amendment 6 #
2020/2023(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Asks for a “think small first” approach, to ensure that measures in the future agreement are designed to facilitate the conducting of business for SMEs.
Amendment 9 #
2020/2023(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. This agreement should not, subject to necessary terms and conditions, exclude future cooperation with the UK to support projects of common interest in the transport sector
Amendment 10 #
2020/2023(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Raises concern about the UK’s position on the future partnership with the EU, and thus eEmphasises that rights and privileges entail obligations and that the level of access to the EU single market should fully correspond to the extent of regulatory convergence and commitments agreed with respect to observing a level playing field for open and fair competition with a view to dynamic alignment;
Amendment 26 #
2020/2023(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes that under no circumstance a third country can have the same level of rights or enjoy the same level of benefits as a Member State; recalls, therefore, that a balanced, ambitious and wide-ranging free trade agreement can only be agreed if a level playing field is secured through robust commitments;
Amendment 27 #
2020/2023(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that any possible granting of some elements of the so-called ‘fifth freedom’ (freedom of the air) should be limited in scope and needs to include balanced andwith corresponding obligations in the interests of the Union;
Amendment 32 #
2020/2023(INI)
Draft opinion
Paragraph 11
Paragraph 11
Amendment 34 #
2020/2023(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Emphasises that UK freight transport operators cannot be granted the same level of rights and benefits as Union freight transport operators in respect to road freight transport operations;
Amendment 37 #
2020/2023(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Considers that the envisaged partnership should include the right of transit of laden journeys from the territory of one party to the territory of the same party through the territory of the other party and unladen journeys in conjunction with these journeys;
Amendment 47 #
2020/2023(INI)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Urges the parties to cooperate closely on the deployment of alternative fuels and charging infrastructure.
Amendment 51 #
2020/2023(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses that ambitious arrangements should be included to facilitate electronic commerce and data flows and exchange, to address unjustified barriers to trade by electronic means, and to ensure an open, secure and trustworthy online environment for businesses and consumers;
Amendment 53 #
2020/2023(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Recalls that the cross-border flow of goods and services is essential for supply chains and distribution networks for transport and business;
Amendment 7 #
2020/2022(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s intention to introduce a harmonised approach addressing obligations imposed onfor online intermediaries, in order to avoid fragmentation of the internal market while guaranteeing users fundamental rights; stresses that any measure related to fundamental rights should be carefully balanced and take into account the possible impact on the functioning of the internal market, and calls on the Commission to avoid the ‘export’ of national regulations and instead to propose the most efficient and effective solutions for the internal market as a whole without creating new administrative burdens and keeping the digital single market open and competitive;
Amendment 17 #
2020/2022(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. States that limited liability provisions as set out in the e-Commerce Directive1 must be maintained and strengthenwhere needed, updated in the Digital Services Act to better protect users and consumers, particularly in order to protect freedom of expression and the freedom to provide services; underlines the importance of these protections to the growth of European SMEscompanies, SMEs and microbusinesses in particular; _________________ 1 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.
Amendment 31 #
2020/2022(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recognises that online intermediaries, including microcompanies, SMEs and large players have differing capabilities with regard to the moderation of content; warns that overburdening businesses with disproportionate new obligations could further hinder the growth of SMEs and require recourse to automatic filtering tools, which may often lead to the removal of legal content;
Amendment 39 #
2020/2022(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls the fact that mdisinformativeon and harmful content is not always illegal in every Member State; calls, therefore, for the establishment of a well-defined notice- and-takedown process; supports an intensive dialogue between authorities and relevant stakeholders with the aim of deepening the soft law approach based on good practices such as the EU-wide Code of Practice on Disinformation,action mechanism; Believes that such a process adding requirements for platforms to take any measures regarding the content they host must take note of the significant differences between digital services and be proportionate to their scale of reach and operational capacities so as to avoid unnecessary regulatory burdens for the platforms and any restrictions of fundamental rights as a result, such as any restriction on the freedom of expression; Supports greater cooperation between Member States, competent authorities and platforms with the aim of developing and improving soft law approaches in order to further tackle mdisinformation;
Amendment 55 #
2020/2022(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for the introduction of appropriate safeguards, due process obligations and counter- notice toolprocedures to allow content owners to defend their rights adequately and in a timely manner when notified of any takedown; underlines its view that delegating the responsibility to set boundaries on freedom of speech to private companies is unacceptable and creates risks for both citizens and businesses, neither of which are qualified to take such decisions.; Believes that the removal of content should be followed up by law enforcement where needed;
Amendment 1 #
2020/2014(INL)
Draft opinion
Recital A
Recital A
A. whereas Artificial Intelligence (AI) playsemerging digital technologies, such as Artificial Intelligence (AI), the Internet of Things and of Services (IoT/IoS) or robotics, play and will continue to play an increasing role in our everyday lives and hasve the potential to contribute to the development of innovations in many sectors and offer benefits for consumers through innovative products and services and, for businesses, through optimised performance;
Amendment 8 #
2020/2014(INL)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the Union's existing safety and liability framework might need to be adapted, as highlighted by the Commission's Report on the safety and liability implications for Artificial Intelligence, the Internet of Things and robotics;
Amendment 9 #
2020/2014(INL)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas product safety and product liability are two complementary mechanisms pursuing the same policy goal of a functioning single market for goods and services, and this Opinion suggests possible adjustments to the Union liability frameworks in light of the increased importance of emerging digital technologies;
Amendment 11 #
2020/2014(INL)
Draft opinion
Recital B
Recital B
B. whereas the use and development of AI applications in productartificial intelligence and other emerging digital technologies might also present challenges to the existing legaliability frameworks on products and reduce their effectiveness, thus potentially undermining consumer trust and welfare due to their specific characteristics;
Amendment 15 #
2020/2014(INL)
Draft opinion
Recital C
Recital C
C. whereas robust liability mechanisms remedying damage contribute to better protection of consumers, creation of trust in new technologies integrated in products and acceptance for innovationitizens and consumers from harm, creation of trust in emerging digital technologies while ensuring legal certainty for businesses and enabling them to innovate;
Amendment 26 #
2020/2014(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. StressesPoints out the need to assess to what extent thedapt the Union's existing liability framework, and in particular the Council Directive 85/374/EEC1 (the Product Liability Directive), needs to be updated in order to guarantee effective consumer protection and - PLD), to the digital world; calls on the Commission to revise the PLD, by addressing the challenges posed by emerging digital technologies such as artificial intelligence, the Internet of things (IoT) or robotics, thereby ensuring effective citizen and consumer protection from harm as well as legal clariertainty for businesses, while avoiding high costs and risks especially for small and medium enterprises and start- ups; __________________ 1 Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ L 210, 7.8.1985, p. 29).
Amendment 35 #
2020/2014(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that any revision of the existing liability framework should aim to further harmonise liability rules in order to avoid fragmentation of the single market; asks the Commission to assess whether a Regulation on general product liability could contribute to this aim; stresses, however, the importance of ensuring that Union regulation remains limited to clearly identified problems for which feasible solutions exist and leaves room for further technological developments;
Amendment 41 #
2020/2014(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to assess whether definitions and concepts in the product liability framework need to be updated due to the specific characteristics of AI apprevise the product liability framework by taking into account the specific challenges of digitalicsations for liability law such as complexity, autonomy and opacconnectivity, openness, autonomy, opacity (un)predictability, data- drivenness and vulnerability;
Amendment 48 #
2020/2014(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Commission to scrutinise whether it is necessary to include software inclarify the definition of ‘products’ under the Product Liability Directive and to update concepts such, by determining whether digital content and digital services fall under its scope and to consider adapting such concepts as ‘producer’, ‘damage’ and ‘defect’, and if so, to what extent; asks the Commission to also examine whether the product liability framework needs to be revised in order to protect injured parties efficiently as regards products that are purchased as a bundle with related services;
Amendment 55 #
2020/2014(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Asks the Commission to consider the liability of online marketplaces by qualifying them as 'supplier' under the Product Liability Directive;
Amendment 56 #
2020/2014(INL)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Commission to consider, in close coordination with corresponding possible adjustments to the Union safety framework, whether the notion of 'time when the product was put into circulation' currently used by the Product Liability Directive, is fit for purpose for emerging digital technologies, taking into account that they may be changed or altered under the producer's control after they have been placed on the market;
Amendment 59 #
2020/2014(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the importance of ensuring a fair liability system thatand efficient allocation of loss in order to attribute liability in the most appropriate way; underlines the relevance of makesing it possible for consumervictims to prove that a defect in a product caused damage, even if third party software is involved or the cause of a defect is hard to trace, for example when products are part of a complex interconnected Internet of Things environment;
Amendment 64 #
2020/2014(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to evaluate whether and to what extent the burden of proof should be reversedconsider adapting the rules governing the burden of proof for harms caused by emerging digital technologies, in order to empower harmed consumers while preventing abuse and providing legal clariertainty for businesses;
Amendment 77 #
2020/2014(INL)
Draft opinion
Paragraph 8
Paragraph 8
8. Highlights the need for a risk based approach to AI within the existing liability framework, which takes into account different levels of risk for consumers in specific sectors and uses of AI; underlines that such an approach, that might encompass two or more levels of risk, should be based on clear criteria and provide for legal clariertainty;
Amendment 202 #
2020/0374(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) To safeguard the fairness and contestability of core platform services provided by gatekeepers, it is necessary to provide in a clear and unambiguous manner for a set of harmonised obligations with regard to those services. Such rules are needed to address the risk of harmful effects of unfair practices imposed by gatekeepers, to the benefit of the business environment in the services concerned, to the benefit of users and ultimately to the benefit of society as a whole. Given the fast-moving and dynamic nature of digital markets, and the substantial economic power of gatekeepers, it is important that these obligations are effectively applied without being circumvented. To that end, the obligations in quesCommission should identify which obligations should apply to any practices by a gatekeeper, irrespective of its form and irrespective of whether it is of a contractual, commercial, technical each individual core platform service identified as an impor tany other nature,t gateway insofar as aits practices corresponds to the type of practice that is the subject ofto any one of these obligations of this Regulation.
Amendment 254 #
2020/0374(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) A gatekeeper may use different means to favour its own services or products on its core platform service, to the detriment of the same or similar services that end users could obtain through third parties. This may for instance be the case where certain software applications or services are pre-installed by a gatekeeper. To enable end user choice, gatekeepers should not prevent end users from un- installing or removing any pre-installed software applications on its core platform service and thereby favour their own software applications. This obligation should not apply to applications which are necessary for functionality.
Amendment 291 #
2020/0374(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Gatekeepers may also have a dual role as developers of operating systems and device manufacturers, including any technical functionality that such a device may have. For example, a gatekeeper that is a manufacturer of a device may restrict access to some of the functionalities in this device, such as near-field-communication technology and the software used to operate that technology, which may be required for the effective provision of an ancillary service by the gatekeeper as well as by any potential third party provider of such an ancillary service. Such access may equally be required by software applications related to the relevant ancillary services in order to effectively provide similar functionalities as those offered by gatekeepers. If such a dual role is used in a manner that prevents alternative providers of ancillary services or of software applications to have access under equal conditions to the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services, this could significantly undermine innovation by providers of such ancillary services as well as choice for end users of such ancillary services. The gatekeepers should therefore be obliged to ensure access under equal conditions to, and interoperability with, the same operating system, hardware or software features that are available or used in the provision of any ancillary services by the gatekeeper. Providing such access should not compromise efforts of the gatekeeper to protect user safety, data protection or the functionality of the hardware.
Amendment 314 #
2020/0374(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) The objectives of this Regulation are to ensure contestability and fairness for the digital sector in general and for business users and end users of core platform services provided by gatekeepers in particular, with a view to promoting innovation, high quality of digital products and services, fair and competitive prices, as well as a high quality and choice for end users in the digital sector. To ensure the effectiveness of the obligations laid down by this Regulation, while also making certain that these obligations are limited to what is necessary to ensure cand proportionatestability and tackling the harmful effects of the unfair behaviour by gatekeepers to meet their objectives as well as the objectives of the Regulation, it is important to clearly define and circumscribe them so as to allow the gatekeeper to immediately comply with them, in full respect of Regulation (EU) 2016/679 and Directive 2002/58/EC, consumer protection, cyber security and product safety. The gatekeepers should ensure the compliance with this Regulation by design. The necessary measures should therefore be as much as possible and where relevant integrated into the technological design used by the gatekeepers. However, it may in certain cases be appropriate for the Commission, following a dialogue with the gatekeeper concerned, to further specify some of the measures that the gatekeeper concerned should adopt in order to effectively comply with the objectives of those obligations that are susceptible of being further specified and the objectives of this Regulation. This possibility of a regulatory dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the Regulation.
Amendment 533 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 4 – introductory part
Article 3 – paragraph 4 – introductory part
4. The Commission shall, without undue delay and at the latest 60 days after receiving the complete information referred to in paragraph 3, adopt a decision to designate the provider of core platform services that meets all the thresholds of paragraph 2 as a gatekeeper, unless that provider, with its notification, presents sufficiently substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, and taking into account the elements listed in paragraph 6, the provider does not satisfy the requirements of paragraph 1. Before adopting the decision pursuant to this paragraph, the Commission shall communicate its preliminary findings to the undertaking concerned.
Amendment 549 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point a
Article 3 – paragraph 6 – subparagraph 1 – point a
(a) the size, including turnover and market capitalisation, operations and position of the provider of core platform services, as well as their share of the market relevant to their core platform services;
Amendment 553 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point b
Article 3 – paragraph 6 – subparagraph 1 – point b
(b) the number of business users depending on the core platform service to reach end users and the number of end users and the availability of alternative ways for business users to reach end- users;
Amendment 555 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point e
Article 3 – paragraph 6 – subparagraph 1 – point e
(e) business user or end user lock-in and their ability to use similar services simultaneously;
Amendment 568 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 7
Article 3 – paragraph 7
7. For each gatekeeper identified pursuant to paragraph 4 or paragraph 6, the Commission shall identify the relevant undertaking to which it belongs and list the relevant core platform services that are provided within that same undertaking and which individually serve as an important gateway for business users to reach end users as referred to in paragraph 1(b). For each core platform service identified, the Commission shall specify with which of the obligations outlined in Articles 5 and 6 the gatekeeper has to comply with.
Amendment 575 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 8
Article 3 – paragraph 8
8. The gatekeeper shall comply with the obligations laid down in Articles 5 and 6 within six months after a core platform service has been included in the list pursuant to paragraph 7 of this Article. At the same time, the Commission may by decision impose obligations pursuant to Article 6.
Amendment 596 #
2020/0374(COD)
Amendment 717 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(a a) refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services, and from signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Regulation (EU) 2016/679;
Amendment 726 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) allow end users to un-install or remove any pre-installed software applications on its core platform service without prejudice to the possibility for a gatekeeper to restrict such un-installation or removal in relation to software applications that are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third- parties;
Amendment 737 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) allow the installation and effective use of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. Tunless the gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endangecan demonstrate that doing so would undermine or jeopardise user safety, data protection, or the integrity of the hardware or operating system provided by the gatekeeper;
Amendment 751 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) refrain from treating, without justification, more favourably in ranking services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of a third party and apply fair and non-discriminatory conditions to such rankingin a discriminatory and disproportionate manner;
Amendment 772 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) allow business users and providers of ancillary services access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services unless the gatekeeper is in a position to demonstrate that doing so would compromise their efforts to protect user safety, data protection, or the integrity of their hardware;
Amendment 810 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point j
Article 6 – paragraph 1 – point j
(j) provide to any third party providers of online search engines, upon their request, with access on fair, reasonable and non-discriminatory terms to ranking, query, click and view data in relation to free and paid search generated by end users on online search engines of the gatekeeper, subject to anonymisation for the query, click and view data that constitutes personal datadue safeguards to protect user safety, privacy trade secrets and intellectual property;
Amendment 837 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. While complying with obligations listed in this Article the gatekeeper concerned shall not be required to disclose its trade secrets as defined in Article (2) of Directive (EU)2016/943 and shall not be prevented from taking proportionate measures to ensure the integrity, security and functioning of its core platforms services or hardware.
Amendment 844 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The measures implemented by the gatekeeper to ensure compliance with the obligations laid down in Articles 5 and 6 shall be effective in achieving the objective of the relevant obligation and the objectives of this Regulation, namely safeguarding contestability and fairness for business users as well as end users. The gatekeeper shall ensure that these measures are implemented in compliance with Regulation (EU) 2016/679 and Directive 2002/58/EC, and with legislation on cyber security, consumer protection and product safety.
Amendment 850 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where the Commission findconsiders that the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implemented, domay not ensure effective compliance with the relevant obligations laid down in Article 6, it may by decision specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision within six months from the opening of proceedings pursuant to Article 18. shall open proceedings pursuant to Article 18 where it shall, by decision, following regulatory dialogue of no longer than 6 months to facilitate compliance by the gatekeeper and expedite the implementation of this Regulation, specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision within six months from the opening of proceedings pursuant to Article 18. A gatekeeper may request the opening of proceedings pursuant to Article 18 for the Commission to determine, in accordance with paragraph 2, whether the measures that the gatekeeper intends to implement or has implemented under Article 6 are effective in achieving the objectives of this Regulation pursuant to paragraph 1 and the relevant obligation in the specific circumstances.
Amendment 862 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. During the regulatory dialogue pursuant to paragraph 2, the gatekeeper may provide a reasoned submission to explain in particular why the measures it intends to implement or has implemented shall be effective in achieving the objectives of this Regulation pursuant to paragraph 1 and the relevant obligation, and the conditions in Article 7(5) and where appropriate, Article 7(6).
Amendment 871 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. In view of adopting the decision under paragraph 2, the Commission shall communicate its preliminary findings within three months from the opening of the proceedings. In the preliminary findings, the Commission shall explain the measures it considers to take or it considers that the provider of core platform services concerned should take in order to effectively address the preliminary findings, taking into account the issues discussed during the regulatory dialogue.
Amendment 881 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 892 #
2020/0374(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission may, on a reasoned request by the gatekeeper, exceptionally suspend, in whole or in part, a specific obligation laid down in Articles 5 and 6 for a core platform service by decision adopted in accordance with the advisory procedure referred to in Article 32(4), where the gatekeeper demonstrates that compliance with that specific obligation would endanger, due to exceptional circumstances beyond the control of the gatekeeper, the economic viability of the operation of the gatekeeper in the Union, and only to the extent necessary to address such threat to its viability. The Commission shall aim to adopt the suspension decision without delay and at the latest 3 months following receipt of a complete reasoned request.:
Amendment 894 #
2020/0374(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a (new)
Article 8 – paragraph 1 – point a (new)
(a) Compliance with these obligations is technically not feasible;
Amendment 895 #
2020/0374(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b (new)
Article 8 – paragraph 1 – point b (new)
Amendment 896 #
2020/0374(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c (new)
Article 8 – paragraph 1 – point c (new)
(c) a deviation from these obligations is necessary to ensure data security and compliance with privacy, trade secrets and date protection rules; and
Amendment 897 #
2020/0374(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d (new)
Article 8 – paragraph 1 – point d (new)
(d) compliance with that specific obligation would degrade the consumer experience or endanger, due to exceptional circumstances beyond the control of the gatekeeper, the economic viability of the operation of the gatekeeper in the Union, and only to the extent necessary to address such threat to its viability. The Commission shall aim to adopt the suspension decision without delay and at the latest 3 months following receipt of a complete reasoned request.
Amendment 898 #
2020/0374(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where the suspension is granted pursuant to paragraph 1, the Commission shall review its suspension decision every year. Following such a review the Commission shall either lift the suspension or decide that the conditions of paragraph 1 continue to be met. When it intends to lift the suspension, the Commission shall beforehand invite the gatekeeper to present a revised reasoned request.
Amendment 906 #
2020/0374(COD)
2. An exemption pursuant to paragraph 1 may only be granted on grounds ofpublic interest grounds including:
Amendment 909 #
2020/0374(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. An exemption pursuant to paragraph 1 may also be granted to enable the gatekeeper to (a) Ensure data security; (b) protect trade secrets or; (c) achieve compliance with any other EU legislation
Amendment 1189 #
2020/0374(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The evaluations shall establish whether additional rules, including regarding the list of core platform services laid down in point 2 of Article 2, the obligations laid down in Articles 5 and 6 and their enforcement, may be required to ensure that digital markets across the Union are contestable and fair. Following the evaluations, the Commission shall take appropriate measures, which may include legislative proposals.;
Amendment 1194 #
2020/0374(COD)
Proposal for a regulation
Article 38 – paragraph 2 – point a (new)
Article 38 – paragraph 2 – point a (new)
(a) establish whether it is required to modify, add or remove rules, including regarding the list of core platform services laid down in point 2 of Article 2, the obligations laid down in Articles 5 and 6 and their enforcement, may be required to ensure that digital markets across the Union are contestable and fair;
Amendment 1195 #
2020/0374(COD)
Proposal for a regulation
Article 38 – paragraph 2 – point b (new)
Article 38 – paragraph 2 – point b (new)
(b) consider relevant legal, regulatory and enforcement developments in digital markets; and;
Amendment 1196 #
2020/0374(COD)
Proposal for a regulation
Article 38 – paragraph 2 – point c (new)
Article 38 – paragraph 2 – point c (new)
(c) the existence of countervailing benefits from the obligations laid down in Articles 5 and 6.
Amendment 1197 #
2020/0374(COD)
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1 (new)
Article 38 – paragraph 2 – subparagraph 1 (new)
Following the evaluations, the Commission shall take appropriate measures, which may include legislative proposals.
Amendment 75 #
2020/0359(COD)
Proposal for a directive
Recital 9
Recital 9
(9) However, small or micro entities fulfilling certain criteria that indicate a key role for the economies or societies of Member States or for particular sectors or types of services, should also be covered by this Directive. Member States should be responsible for establishing a list of such entities, and submit it to the Commission. The Commission should provide clear guidance on the criteria establishing which SMEs would be critical or important, especially for SME's who provide services in multiple Member States.
Amendment 80 #
2020/0359(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) The extension of the scope of this directive will mean the inclusion of entities subject to parallel regulation which may entail additional reporting requirements. In order to ensure coherence with all regulatory requirements, the Commission should ensure that where there are sector-specific acts that require essential or important entities either to adopt cybersecurity risk management measures or to notify incidents or significant cyber threats, that they should be consistent with the definitions and requirements of this Directive so that horizontal and sectoral legal instruments are sufficiently aligned in order to avoid any regulatory duplication or burden.
Amendment 81 #
2020/0359(COD)
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) The Commission should publish clear guidance accompanying this Directive to help ensure harmonisation in implementation across Member States and avoid fragmentation.
Amendment 94 #
2020/0359(COD)
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28a) The Commission, ENISA and the Member States should continue to foster international alignment with standards and existing industry best practices in the area of risk management, for example in the areas of supply chain security assessments, information sharing and vulnerability disclosure.
Amendment 124 #
2020/0359(COD)
Proposal for a directive
Recital 68
Recital 68
(68) Entities should be encouraged and supported by Member States to collectively leverage their individual knowledge and practical experience at strategic, tactical and operational levels with a view to enhance their capabilities to adequately assess, monitor, defend against, and respond to, cyber threats. It is thus necessary to enable the emergence at Union level of mechanisms for voluntary information sharing arrangements that are based on already established internationally recognised standards. To this end, Member States should actively support and encourage also relevant entities not covered by the scope of this Directive to participate in such information-sharing mechanisms. Those mechanisms should be conducted in full compliance with the competition rules of the Union as well as the data protection Union law rules.
Amendment 127 #
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 and to achieve a common high level of security throughout the digital sector including by preventing risks for users or other networks, information systems and services, this Directive should provide for a minimum list of supervisory actions and means through which competent authorities may supervise essential and important entities. 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 except where there is a demonstrable breach of obligations.
Amendment 131 #
2020/0359(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down measures with a view to ensuring a high common level of cybersecurity within the Union to ensure a trustworthy digital environment for consumers and business and to improve and remove barriers to the functioning of the internal market.
Amendment 146 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 15 a (new)
Article 4 – paragraph 1 – point 15 a (new)
(15a) ‘domain name registration services’ means services provided by domain name registries and registrars, privacy or proxy registration service providers, domain brokers or resellers, and any other services which are related to the registration of domain names;
Amendment 157 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) a policy to promote and facilitate coordinated vulnerability disclosure within the meaning of Article 6 including by laying down guidelines and best practices based on already established internationally recognised standards on vulnerability handling and disclosure;
Amendment 162 #
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 the specific needs of SMEs, in particular those excluded from the scope of this Directive, in relation to guidance and support in improving their resilience to cybersecurity threats. including, for example funding and education to support the uptake of cybersecurity measures;
Amendment 166 #
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 to raise awareness and increase education about cybersecurity threats among consumers in the EU;
Amendment 178 #
2020/0359(COD)
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Where a Member State designates more than one competent authority referred to in paragraph 1, it shall clearly indicate which of these competent authorities will serve as the main point of contact during a large-scale incident or crisis.
Amendment 208 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that essential and important entities shall take appropriate and proportionate technical and organisational measures to manage the risks posed to the security of network ands, information systems which those entities use in the provision of theirand services. Having regard to the state of the art, those measures shall ensure a level of security of network and information systems appropriate to the risk presented.
Amendment 216 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. ENISA may facilitate, in accordance with Regulation (EU) No 526/2013 of the European Parliament and of the Council, the coordination of Member States regarding the measures referred to in paragraph 1, to avoid regulatory fragmentation that may create barriers in the internal market and present additional risks.
Amendment 227 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. For the purpose of simplifying reporting obligations, Member States shall establish a single entry point for all notifications required under this Directive and also under other Union law such as Regulation (EU) 2016/679 and Directive 2002/58/EC.
Amendment 228 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 1 b (new)
Article 20 – paragraph 1 b (new)
1b. ENISA, in cooperation with the Cooperation Group shall develop common notification templates by means of guidelines that would simplify and streamline the reporting information requested by Union law and decrease the burden for companies.
Amendment 238 #
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 240 #
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 finalcomprehensive report not later than onthree months after the submission of the report under point (a), including at least the following:
Amendment 243 #
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 provided one month after the incident has been mitigated
Amendment 264 #
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 TLD have policies and procedures in place to ensure that the databases infrastructure includes accurate, verified and complete information, and that inaccurate or incomplete data should be corrected or erased by the registrant without delay. Member States shall ensure that such policies and procedures are made publicly available.
Amendment 272 #
2020/0359(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. For the purposes of this Directive, entities 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 employees in the Union. This shall be done in a manner that ensures that no disproportionate burden falls on the regulatory body of one, or a small number of, Member States.
Amendment 279 #
2020/0359(COD)
Proposal for a directive
Article 26 – paragraph 5
Article 26 – paragraph 5
5. In compliance with Union law, ENISA shall support the establishment of cybersecurity information-sharing arrangements referred to in paragraph 2 by providing best practices and guidance; as well as by facilitating information-sharing at Union level, with the aim of promoting the cross-border exchange of information between relevant trusted communities of essential and important entities as referred to in the second paragraph, taking into account Union law and safeguarding business-sensitive information.
Amendment 282 #
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 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 502 #
2020/0279(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) In applying this Regulation, Member States must respect their international obligations towards stateless persons, including under the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954, and in accordance with other international human rights law instruments. Where necessary, the treatment of stateless persons should be distinguished from third-country nationals with due consideration to their particular protection needs.
Amendment 907 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
The Union and the Member States shall take actions in the field of asylum and migration management on the basis of compliance with its existing commitments under EU and international law and, a comprehensive approach. That comprehensive approach shall address the entirety of the migratory routes that affect asylum and migration management and shall consist of the following components:
Amendment 917 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) mutually-beneficial partnerships and close cooperation with relevant third countries, including particular on legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the Member States addressing the root causes of irregular migration, supporting partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border, asylum and migration management, preventing and combatting irregular migration and migrant smugglsmuggling and human trafficking, and enhancing cooperation on readmission, in full respect of international law and the objectives set out in Article 21 TEU, as well as the Global Compact on Refugees and the Global Compact for Safe Orderly and Regular Migration;
Amendment 970 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) access for applicants to adequate reception conditions, including housing, food, clothing, health care, education for minors and access to employment as outlined in the Reception Conditions Directive, with specific attention to be made to the needs of vulnerable groups;
Amendment 1002 #
2020/0279(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Union and Member States shall ensure coherence of asylum and migration management policies, including both the internal and external components of those policies in consultation with and with full respect for the competencies of the EU and Member State institutions and agencies responsible for external policies.
Amendment 1008 #
2020/0279(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 1044 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) take all measures necessary and proportionate, in full compliance with the legal obligation to provide access to asylum procedures, to reduce and prevent irregular migration to the territories of the Member States, with a particular focus given to the creation of safe and legal pathways, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smugglingthe smuggling of migrants and human trafficking, while protecting the rights of smuggled and trafficked people;
Amendment 1087 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Commission shall adopt a European Asylum and Migration Management Strategy setting out the strategic approach to managing asylum and migration at Union level and on the implementation of asylum and migration management policies in accordance with the principles set out in this Part and in EU primary legislation and applicable international law. The Commission shall transmit the Strategy to the European Parliament and the Council.
Amendment 1098 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) the national strategies of the Member States referred to paragraph 3 of this Article and their compliance with EU and international law;
Amendment 1102 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) information gathered by the Commission under the Commission Recommendation No XXX on an EU Migration Preparedness and Crisis Management Mechanism hereinafter referred to as Migration Preparedness and Crisis Blueprint; the reports issued under that framework as well as the activities of the Migration Preparedness and Crisis Management Network and, information collected by the Commission and the EU Asylum Agency on implementation of the asylum acquis;
Amendment 1109 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) information gathered in the course of evaluations undertaken in the Schengen evaluation and monitoring mechanism in accordance with Article 4 of Regulation (EU) No 1053/201355 .; _________________ 55Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen, OJ L 295, 6.11.2013, p. 27.
Amendment 1114 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d a (new)
Article 6 – paragraph 2 – point d a (new)
Amendment 1151 #
2020/0279(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where the Commission, on the basis of the analysis carried out in accordance with Article 25a(2) or (4) of Regulation (EU) No 810/2009 of the European Parliament and of the Council57 and of any other information available, considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals, and without prejudice to Article 25(a)(5) of that Regulation, it shall submit a report to the Council including, where appropriate, the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission, taking into account and without prejudice to the Union’s overall relations with the third country and in consultation with all relevant Commission services and the European External Action Service. _________________ 57Regulation (EC) No 810/2009 of the European Parliament and of the Council, of 13 July 2009, establishing a Community Code on Visas, OJ L 243, 15.9.2009, p. 1.
Amendment 1165 #
2020/0279(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. On the basis of the report referred to in paragraph 1, the Commission and the Council, within their respective competencies, shall consider the appropriate actions taking into account the Union’s overall relations with the third country, including respect for the objectives of external policies as elaborated in Article 21 TEU and assessment of the impact these potential actions may have in the fields of migration, peace and security, development and poverty eradication.
Amendment 1169 #
2020/0279(COD)
4. The Commission shall keepconsult the European Parliament regularlyduring the preparation of the report and keep it informed of the implementation of this Article.
Amendment 1184 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was registered or where the applicant is legally present, shall be responsible for examining it.
Amendment 1193 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. Where it is impossible for a Member State to transfer an applicant or a beneficiary of international protection to the Member State primarily designated as responsible because there are substantial grounds for believing that there are systemic flaws in the asylum procedure and in the reception conditions for applicants in that Member State, resulting in a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union or the risk of a serious violation of the fundamental rights of the applicant or beneficiary, the determining Member State shall continue to examine the criteria set out in Chapter II of Part III in order to establish whether another Member State can be designated as responsible.
Amendment 1234 #
2020/0279(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. By derogation from paragraph 1, where a third-country national or stateless person is in possession of a valid residence permit or a valid visa, or is otherwise legally present, the application shall be made and registered in the Member State that issued the residence permit or visa or in which they are legally present.
Amendment 1246 #
2020/0279(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The applicant shall fully cooperate with the competent authorities of the Member States in matters covered by this Regulation, in particular by submitting as soon as possible and at the latest during the interview referred to in Article 12, all the elements and information available to him or her relevant for determining the Member State responsible. Where the applicant is not in a position at the time of the interview to submit evidence to substantiate the elements and information provided, the competent authority may set a reasonable and justifiable time limit within the period referred to in Article 29(1) for submitting such evidence.
Amendment 1258 #
2020/0279(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The applicant shall not be entitled to the reception conditions set out in Articles 15 to 17 of Directive XXX/XXX/EU [Reception Conditions Directive] pursuant to Article 17a of that Directive in any Member State other than the one in which he or she is required to be present pursuant to Article 9(4) of this Regulation from the moment he or she has been notified of a decision to transfer him or her to the Member State responsible, provided that the applicant has been informed of that consequence pursuant to Article 8(2), point (b) of Regulation (EU) XXX/XXX [Screening Regulation]. This shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the Charter of Fundamental Rights of the European Union, and international obligations. An applicant shall not be sanctioned for entering a Member State other than the Member State in which he or she is obliged to be present if they are there for reasons beyond their control.
Amendment 1267 #
2020/0279(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Elements and information relevant for determining the Member State responsible submitted after expiry of the time limit referred to in Article 9(3) shall not be taken into account by the competent authorities, except where non-compliance can be objectively justified by the applicant.
Amendment 1276 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. As soon as possible and at the latest when an application for international protection is registered in a Member State, its competent authorities shall inform the applicant in a language the applicant understands, of the application of this Regulation and of the obligations set out in Article 9 as well as the consequences of non-compliance set out in Article 10, of the purpose of the personal interview, of the legal aid and other forms of assistance that can be provided by the Member State and non-governmental organisations, and in particular:
Amendment 1294 #
2020/0279(COD)
(c) of the criteria and the procedures for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure and their duration, including the specific criteria applied and Member States requested or notified in the individual case;
Amendment 1298 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
(d) of the aim of the personal interview pursuant to Article 12 and the obligation to submit and substantiate orally, or through the provision of documents, any relevant information as soon as possible in the procedure any relevant information that could help to establish the presence of family members, relatives or any other family relations in the Member States, including the means by which the applicant can submit such information, as well as any assistance that the Member State can offer with regard to the tracing of family members or relatives;
Amendment 1315 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point f
Article 11 – paragraph 1 – point f
(f) of the possibility to challenge a transfer decision within the time limit set out in Article 33(2) and of the fact that the scope of that challenge is limited as laid down in, where no transfer decision is issued, of the right to an effective remedy in accordance with Article 33(1);
Amendment 1339 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understand. Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose.
Amendment 1352 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Asylum Agency shall, in close cooperation with the responsible national agencies, draw up common information material, as well as a specific leaflet for unaccompanied minors and other vulnerable groups such as victims of human trafficking, containing at least the information referred to in paragraph 1. That common information material shall also include information regarding the application of Regulation (EU) XXX/XXX [Eurodac Regulation] and, in particular, the purpose for which the data of an applicant may be processed within Eurodac. The common information material shall be drawn up in such a manner as to enable Member States to complete it with additional Member State-specific information.
Amendment 1361 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. In order to facilitate the process of determining the Member State responsible, the determining Member State shall conduct a personal interview with the applicant thoroughly asking questions on all aspects of the claim that would allow for the determination of the Member State responsible. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 116.
Amendment 1375 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The personal interview shall take place in a timely manner and, in any event, before any take charge request is made pursuant to Article 29 or take back request pursuant to Article 31.
Amendment 1382 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. Interviews of unaccompanied minors shall be conducted in a child-friendly manner, by staff who are appropriately trained and qualified under national law, in the presence of the representative and, where applicable, the minor’s legal advisor. Where necessary, Member States shall have recourseaccess to an interpreter, and where appropriate a cultural mediator, who is able to ensure appropriate communication between the applicant and the person conducting the personal interview. The applicant may request to be interviewed and assisted by staff of the same sex.
Amendment 1407 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. Each Member State where ans shall ensure that unaccompanied minor is present shall ensure that he or she iss are represented and assisted by a representative with respect to the relevant procedures provided for in this Regulation. The representative shall have the resources, qualifications, training and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representatives shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors and shall inform the minor accordingly about the procedure.
Amendment 1440 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
(b) the minor’s physical and mental well-being and social development, taking into particular consideration the minor’s background;
Amendment 1444 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point c
Article 13 – paragraph 4 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence and exploitation, including trafficking in human beings; and, the consideration that detention is never in the best interest of the child;
Amendment 1474 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of relocation, the transferring Member State shall make surguarantee that the Member State responsible or the Member State of relocation takes the measures referred to in Articles 14 and 23 of Directive XXX/XXX/EU [Reception Conditions Directive] and Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] without delay. Any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decision. The assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration.
Amendment 1598 #
2020/0279(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. Where, on account of pregnancy, having a new-born child, serious illness, severe disability, severe trauma or old age, an applicant is dependent on the assistance of his or her child, sibling or parent legally resident in one of the Member States, or his or her child, sibling or parent legally resident in one of the Member States is dependent on the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child, sibling or parent, provided that family ties existed before the applicant arrived on the territory of the Member States, that the child, sibling or parent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing.
Amendment 1603 #
2020/0279(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Where there are indications that a child, sibling or parent is legally resident on the territory of the Member State where the dependent person is present, that Member State shall verify whether the child, sibling or parent can take care of the dependent person, before making a take charge request pursuant to Article 29.
Amendment 1606 #
2020/0279(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where the child, sibling or parent referred to in paragraph 1 is legally resident in a Member State other than the one where the applicant is present, the Member State responsible shall be the one where the child, sibling or parent is legally resident unless the applicant’s health prevents him or her from travelling to that Member State for a significant period of time. In such a case, the Member State responsible shall be the one where the applicant is present. Such Member State shall not be subject to the obligation to bring the child, sibling or parent of the applicant to its territory.
Amendment 1642 #
2020/0279(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
Amendment 1707 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3
Article 29 – paragraph 1 – subparagraph 3
Where the applicant is an unaccompanied minor or the request is based on Article 16 or 17, the determining Member State may, where it considers that it is in the best interest of the minor, continue the procedure for determining the Member State responsible and request another Member State to take charge of the applicant despite the expiry of the time limits laid down in the first and second subparagraphs.
Amendment 1761 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The notified Member State shall confirm receipt of the notification to the Member State which made the notification within onefour weeks, unless the notified Member State can demonstrate within that time limit that its responsibility has ceased pursuant to Article 27.
Amendment 1767 #
2020/0279(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Failure to act within the onefour-week period set out in paragraph 3 shall be tantamount to confirming the receipt of the notification.
Amendment 1786 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Where the requested Member State accepts to take charge of an applicant or to take back a person referred to in Article 26(1), point (b), (c) or (d), the requesting or the notifying Member State shall notify the person concerned in writing in a language they understand without delay of the decision to transfer him or her to the Member State responsible and, wthere applicable, of the fact that it will not examine his or consequences of this decision, necessary actions that ther application for international protectionnt needs to take and the timelines that bind them.
Amendment 1802 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. Where the person concerned is not assisted or represented by a legal advisor or other counsellor, Member States shall inform him or her of the main elements of the decision, which shall always include information on the legal remedies available and the time limits applicable for seeking such remedies, in a language that the person concerned understands or is reasonably supposed to understand.
Amendment 1817 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Member States shall provide for a period of twoat least four weeks after the notification of a transfer decision within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1.
Amendment 1835 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – introductory part
Article 33 – paragraph 5 – introductory part
5. Member States shall ensure that legal assistance is granted on request free of charge and at the earliest stage possible where the person concerned cannot afford the costs involved. Member States may provide that, as regards fees and other costs, the treatment of persons subject to this Regulation shall not be more favourable than the treatment generally accorded to their nationals in matters pertaining to legal assistance.
Amendment 1839 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 1
Article 33 – paragraph 5 – subparagraph 1
Amendment 1842 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 2
Article 33 – paragraph 5 – subparagraph 2
Amendment 1847 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 3
Article 33 – paragraph 5 – subparagraph 3
Amendment 1870 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Where there is a significant risk of absconding, Member States may detain the person concerned in order to secure transfer procedures in accordance with this Regulation, on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively, based on an individual assessment of the person’s circumstances.
Amendment 1928 #
2020/0279(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1
Article 35 – paragraph 2 – subparagraph 1
Amendment 1943 #
2020/0279(COD)
Proposal for a regulation
Article 37 – paragraph 2 – point c
Article 37 – paragraph 2 – point c
(c) in the case of minors, informationthe best interests of the child assessment and information as set out in Article 13, including on their education;
Amendment 2050 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point d
Article 45 – paragraph 1 – point d
(d) capacity-building measures in the field of asylum, reception and return, and operational support and measures aimed at respond, when this is clearly ing to migratory trends affectinghe interest of the benefitting Member State through cooperation with third countries.
Amendment 2217 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. The Asylum Agency and the European Border and Coast Guard Agency shall assist the Commission in drawing up the assessment of migratory pressure in cooperation with the Member State in question. The Commission shall inform the European Parliament, the Council and the Member States, without delay, that it is undertaking an assessment.
Amendment 2241 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point h
Article 50 – paragraph 3 – point h
(h) the number of persons apprehendidentified in connection with an irregular crossing of the external land, sea or air border;
Amendment 2250 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point k
Article 50 – paragraph 3 – point k
(k) the number of vulnerable applicants, in particular unaccompanied minors.
Amendment 2312 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Where the report referred to in Article 51 indicates that a Member State is under migratory pressure, the other Member States which are not themselves benefitting Member States shall contribute by means of the solidarity contributions referred to in Article 45(1), points (a), (b) and (c). Member States shall prioritise the relocation of vulnerable applicants, in particular unaccompanied minors.
Amendment 2424 #
2020/0279(COD)
Proposal for a regulation
Article 55 – paragraph 4 – subparagraph 1 a (new)
Article 55 – paragraph 4 – subparagraph 1 a (new)
This Article is without prejudice to the rights of stateless persons and their referral to relevant procedures under national law to determine their statelessness and offer adequate protection.
Amendment 79 #
2019/2193(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the need to include the European maritime sector, as defined by Regulation (EU) 2015/757, in the EU Emissions Trading System (ETS)8 by January 2022; highlights the importance of in-depth impact assessment, including risk assessment on carbon leakage, prior to inclusion of maritime sector in the EU ETS; proposes that maritime- related ETS revenues be channelled into the funding of research and innovation for decarbonising European maritime transport and ports; _________________ 8 Directive 2003/87/EC.
Amendment 101 #
2019/2193(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes the positive role of European maritime cluster in encouraging innovation to reduce shipping emissions; calls on the Commission and the Member States to further support research and development initiatives in the sector;
Amendment 161 #
2019/2193(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the new sulphur content limit in fuels of 0.5% introduced by the IMO on 1 January 2020, and stresses that it should not lead to a shift in pollution from air to water; calls, therefore, on the Commission, in line with Directive (EU) 2019/883, to prohibit scrubbers and discharges into the sea of waste water and othersupport the process at the IMO addressing the discharge of liquid effluents from Exhaust Gas Cleaning Systems into waste residuers and to ensure that theywaste residues from EGCS are properly collected and processed in port reception facilities; calls on the Commission to address the same request to the IMO, since the protection of the oceans merits a global response;
Amendment 184 #
2019/2193(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 210 #
2019/2193(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that methane emissions have a significant impact on climate change, and stresses that European taxpayers’ money should only be used for long-term sustainable alternatives that do not risk creating lock-in effects, as is the case with LNGe need for investments in developing long-term sustainable alternatives such as hydrogen, biogas and synthetic fuels;
Amendment 21 #
2019/2192(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the continued support for transport investment projects therefore becomes even more important in the context of Brexit to ensure continued connectivity between all EU Member States and to avoid that any Member State becomes isolated as a result of Brexit;
Amendment 60 #
2019/2192(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas it is important to recognise the wider role of ports aside from a purely transport function, particularly in their potential to aid in greening the wider economy through the harnessing of wind energy, needs to be more prominently recognised within TEN-T policy;
Amendment 93 #
2019/2192(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers it important to further develop the TEN-T to focus on the interconnection between the core and comprehensive networks in rural, peripheral and outermost regions and islands; stresrecognises that no major changes to the maps should be madethe current infrastructure criteria do not capture the geographical realities in peripheral regions in the EU; stresses that a revision the TEN-T guidelines must be used as an opportunity to update the TEN-T framework and requirements to allow additional beneficiaries to be included in TEN-T comprehensive network in order to both have better connectivity to the periphery and to meet evolving environmental, economic and societal needs; calls on the Commission to take over all adjustments laid down in the revision of the Connecting Europe Facility (CEF)8 ; _________________ 8 In particular, the adjustments laid down in Part III of the Annex (to the European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council establishing the Connecting Europe Facility (CEF)).
Amendment 112 #
2019/2192(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recognises the impact of Brexit on the connectivity, accessibility and economic cohesion between Ireland and continental Europe. Underlines the growing importance of Irish ports in accommodating a shift of trade flows to maritime routes; Acknowledges the need to further improve the quality of the North Sea Mediterranean Corridor and extend the comprehensive network in Ireland as a result of specific developments due to Brexit relating to regional and international connectivity;
Amendment 117 #
2019/2192(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Believes that the criteria to be included as a maritime port on the comprehensive TEN-T network, particularly as defined in Article 20 of the Regulation, does not capture the geographical realities in peripheral regions of the EU, including, for example, the West of Ireland;
Amendment 128 #
2019/2192(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Urges the Commission to prioritise under the TEN-T the full deployment of alternative fuels for all modes of transport, including the development of relevant technologies, charging and refuelling infrastructure, safety, security and interoperability standards, and the regulatory framework for alternative fuels and the role of ports as strategic energy nodes in decarbonising the European economy;
Amendment 189 #
2019/2192(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes the view that network-wide infrastructure standards are an enabler for a true European Single Transport Area; Recognises the current infrastructure criteria do not capture the crucial role of port infrastructure in facilitating the deployment of renewable energies; Recognises the critical role of port infrastructure and well-functioning port operations in ensuring the supply of goods and materials across Europe, and emphasizes the importance of ports in the recovery of the European economy should be reflected in TEN-T policy; deems it important to upgrade existing infrastructure in view of technological progress, capacity increases and the need to enhance its resilience to the impacts of crises such as pandemics;
Amendment 342 #
2019/2192(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Urges the Commission to recognise the wider role of ports aside from purely transport functions, particularly in their potential to aid in decarbonising the wider economy, for example by exploiting onshore and offshore wind opportunities on Europe’s Atlantic coast, which could be recognised more prominently within TEN-T policy
Amendment 348 #
2019/2192(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Believes that both the Motorways of the Sea definition and funding eligibility criteria can be better defined and simplified in order to allow for more ports on the comprehensive network to be able to access EU financial support; Stresses that continued EU support for transport investment projects is essential for regional connectivity particularly for peripheral regions;
Amendment 1 #
2019/2182(INL)
Draft opinion
Recital 1 a (new)
Recital 1 a (new)
1a. whereas a financial framework, based on the use of Union Structural and Investment Funds, should be established to support building owners and linking the removal of asbestos to other public policies and programmes (such as energy efficiency, improvements of the living environment and social housing) for reasons of efficiency and the use of synergies;
Amendment 10 #
2019/2182(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that worldwide hundreds ofasbestos remains one of the most significant occupational health challenges; 125 millions of people areworldwide have been exposed to asbestos every year,in the workplace1a; despite its health risks having been known for decades; __________________ 1aWHO, Asbestos: elimination of asbestos-related diseases 2018.
Amendment 20 #
2019/2182(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the existence of different types of non-occupational exposure to asbestos, whether of para-occupational, domestic or environmental origin; in that regard, calls on the Commission to update, no later than 31 December 2022, the Asbestos at Work Directive1a with a view to amending the existing binding occupational exposure limit value (OEL) for asbestos, taking into account the latest scientific knowledge and technical developments, including an evaluation of different types of asbestos fibres and their adverse health effects, as well as to start the process for updating the list of fibroussilicates within the scope of the directive and in this context consider the inclusion of actinolite, anthophyllite, tremolite, grunerite and riebeckite as well as winchite, richterite, fluoro-edenite, and erionite, as well as an assessment of a differentiated limit value for different types of asbestos fibres; __________________ 1a Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work (OJ L 330, 16.12.2009, p. 28–36)
Amendment 29 #
2019/2182(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that asbestos diseases have been observed in populationdetected in communities living or having lived in the vicinity of industrial sites or premises with degraded flocking;
Amendment 34 #
2019/2182(INL)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls a WHO study1a which outlines a substantial increase in risk for lung cancer due to co-exposure of tobacco smoke and asbestos fibres; __________________ 1aWHO, Asbestos: elimination of asbestos-related diseases 2018, DG Employment, Social Affairs and Inclusion, Evaluation of the practical implementation of the EU occupational safety and health (OSH) directives in EU Member States.
Amendment 37 #
2019/2182(INL)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 43 #
2019/2182(INL)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 56 #
2019/2182(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to set out a European strategy for the complete elimination of asbestos; calls on all Member States to adopt national action plans to implement that strategy; considers that the Commission should coordinate the national action plans, in particular through the adoption of a framework directive on this matter; underlines in this context the need for a coherent methodology for risk assessment to ensure a Union level playing field and to avoid fragmentation of the single market;
Amendment 60 #
2019/2182(INL)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 66 #
2019/2182(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that unsafe working conditions for workers may expose society as a whole to risks of asbestos exposure, in particular the families of the workers concerned; therefore calls on the Member States to improve the number, frequency, and quality of their inspections. The EU and the Member States should go well beyond the International Labour Organisation’s (ILO) minimum objective of one inspector for every 10 000 workers;
Amendment 68 #
2019/2182(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that unsafe working conditions for workers may expose society as a whole to risks of asbestos exposure, in particular the families of the workers concerned; In case of a fire, all existing information regarding the presence and location of asbestos should be shared with firefighters;
Amendment 70 #
2019/2182(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that unsafe workinglabour conditions for workers may expose society as a whole to risks of asbestos exposure, in particular the families of the workers concerned;
Amendment 83 #
2019/2182(INL)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Highlights the importance of ensuring sufficient and focused support to employers in transposing these protective measures, in particular SMEs and micro- enterprises, in order to avoid non- compliance; recalls the importance of adequate financial support from relevant existing EU funds to ensure proper support and to encourage correct and safe removal of any asbestos detected;
Amendment 97 #
2019/2182(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. The definition of models for monitoring asbestos fibres suspended in the air in the workplace, built-up areas and landfills, and fibres present in drinking water supplied through asbestos cement pipes;
Amendment 104 #
2019/2182(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. The development of European Union-wide information campaigns on asbestos to provide relevant information to workers, employers, owners, tenants, users of buildings and infrastructure, and citizens about the risks and legal obligations relating to asbestos;
Amendment 105 #
2019/2182(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. The establishment of centres for the treatment and inerting of waste containing asbestos by providing forthus facilitating the phasing out of the disposal of such waste in landfills;
Amendment 113 #
2019/2182(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. The establishment of a European framework for national asbestos removal strategies, including a legislative proposal for public and accessible asbestos registers, together with a mapping of the exact location of asbestos on public and private sites;
Amendment 44 #
2018/0230(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Particular attention should be given to ensuring the quality of the activities and other opportunities offered under the European Solidarity Corps, in particular by offering training, language support, insurance, administrative and post-activity support to participants as well as the validation of the knowledge, skills and competences acquired through their European Solidarity Corps experience. Security and safety of the volunteers and their intended beneficiaries, in particular where this concerns children and persons in vulnerable situations, remain of paramount importance and volunteers should not be deployed to operations conducted in the theatre of international and non-international armed conflicts. , nor to facilities that contravene international human rights standards and/or EU policy.
Amendment 49 #
2018/0230(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) In the case of placements involving children, only volunteers who have directly relevant qualifications and skills should ever have direct contact with children, and they should complete child protection training and vetting procedures in advance of their placement. During the placement, appropriate safeguarding policies and procedures should be in place to protect children and volunteers, and the latter should be subject to on-going supervision to ensure that child protection policies are being effectively implemented.
Amendment 72 #
2018/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘solidarity activity’ means a high- quality temporary activity contributing to the achievement of the objectives of the European Solidarity Corps, which may take the form of volunteering, traineeships, jobs, solidarity projects and networking activities in various fields, including those referred to in paragraph 13, ensuring the European added value and compliance with health and safety regulations, and does not include activities that contravene international human rights standards and/or EU policy;
Amendment 115 #
2018/0230(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) measures aimed at ensuring the quality of volunteering, traineeships or jobs, including training, language support, child protection and safeguarding training and background checks for volunteers working with children, complementary insurance, support before or after the solidarity activity as well as the further use of Youthpass that identifies and documents the competences acquired during the solidarity activities for participants, and capacity building and, administrative support for participating organisations;
Amendment 129 #
2018/0230(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The actions under this Chapter shall be carried out in compliance with the humanitarian aid principles of humanity, neutrality, impartiality and independence, as well as the “do no harm” principle.
Amendment 144 #
2018/0230(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. An application from an entity to become a European Solidarity Corps participating organisation shall be assessed by the competent implementing body of the European Solidarity Corps on the basis of the principles of equal treatment; equal opportunities and non-discrimination; avoidance of job substitution; provision of high quality activities with learning dimension focusing on personal, socio- educational and professional development; adequate training, working and volunteering arrangements; safe and decent environment and conditions including policies and procedures in place to ensure child safeguarding during the placement; and the ‘no- profit principle’ in compliance with the Financial Regulation. The above principles ascertain whether its activities meet the requirements of the European Solidarity Corps.
Amendment 64 #
2018/0228(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In order to achieve smart, sustainable and inclusive growth and to stimulate job creation, the Union needs an up-to-date, high-performance infrastructure to help connect and integrate the Union and all its regions including remote, outermost, insular, peripheral and mountainous regions, in the transport, telecommunications and energy sectors. Those connections should help to improve the free movement of persons, goods, capital and services. The trans-European networks should facilitate cross-border connections, foster greater economic, social and territorial cohesion and contribute to a more competitive social market economy and to combating climate change.
Amendment 112 #
2018/0228(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The programme should contribute to promote the territorial accessibility and connectivity of all regions of the Union, including remote, outermost, insular, peripheral and mountainous regions, as well as sparsely populated areas;
Amendment 130 #
2018/0228(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The trans-European transport network (TEN-T) guidelines as laid down in Regulation (EU) No 1315/2013 of the European Parliament and of the Council19 (hereafter ‘TEN-T guidelines) identify the infrastructure of the TEN-T, specify the requirements to be fulfilled by it and provide for measures for their implementation. Those guidelines envisage, in particular, the completion of the core network by 2030 through the creation of new infrastructure as well as the substantial upgrading and rehabilitation of existing infrastructure. The Commission shall, before the beginning of the CEF II for the period 2021-2027, review the TEN- T regulation in the context of the withdrawal of the UK from the Union. __________________ 19 Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1).
Amendment 156 #
2018/0228(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to reflect growing transport flows and the evolution of the network, the alignment of the core network corridors and their pre-identified sections and their capacity should be adapted. These adaptations to the core network should not affect its completion by 2030 and should be proportionate in order to preserve the consistency and the efficiency of the corridor development and coordination. For that reason the length of the core network corridors should not increase by more than 15%. Developments on the comprehensive network must be monitored and assessed in order to guarantee the relevance of the sections.
Amendment 334 #
2018/0228(COD)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46a) The implementation of the Programme relates to the work and plans of local and Regional Authorities. Therefore, if necessary, these authorities should be consulted in the Committee procedure as established in Regulation (EU)182/2011 of the European Parliament and the Council.
Amendment 365 #
2018/0228(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
(ga) “cross-border project” means a project involving at least two Member States, including maritime projects, and also having regard for Article 5 and the specific criteria for cooperation with third countries.
Amendment 425 #
2018/0228(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a – point i
Article 3 – paragraph 2 – point a – point i
(i) to contribute to territorial cohesion and regional accessibility through the development of projects of common interest relating to efficient and interconnected networks and infrastructure for smart, sustainable, inclusive, safe and secure mobility;
Amendment 441 #
2018/0228(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a – point i
Article 3 – paragraph 2 – point a – point i
(i) to contribute to the development of projects of common interest including those relating to efficient and interconnected networks and infrastructure for smart, sustainable, inclusive, safe and secure mobility;
Amendment 443 #
2018/0228(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a – point i
Article 3 – paragraph 2 – point a – point i
(i) to contribute to the development of projects of common interest relating to efficient and interconnected networks and infrastructure for smart, accessible, sustainable, inclusive, safe and secure mobility;
Amendment 589 #
2018/0228(COD)
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. Resources allocated to Member States under shared management may, at their request and in accordance with the relevant managing authority, be transferred to the Programme. The Commission shall implement those resources directly in accordance with [point (a) of Article 62(1)] of the Financial Regulation or indirectly in accordance with point (c) of that Article. Where possible those resources shall be used for the benefit of the Member State concerned.
Amendment 697 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – point iii a (new)
Article 9 – paragraph 2 – point a – point iii a (new)
(iiia) Actions supporting the improvement of territorial connectivity and accessibility in all regions of the Union, including remote, outermost, insular, peripheral and mountainous regions, as well as sparsely populated areas, including actions relating to the relevant urban node, maritime and inland ports and rail/road terminals;
Amendment 830 #
2018/0228(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Legal entities established in a third country which is not associated to the Programme are exceptionally eligible to receive support under the Programme where this is indispensable for the achievement of the objectives of a given project of common interest or of a cross- border project in the field of renewable energy, including transport projects.
Amendment 834 #
2018/0228(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. The work programmes referred to in Article 19 may provide that only proposals submitted by one or more Member States or, with the agreement of the Member States concerned, by international organisations, joint undertakings, or public or private undertakings or bodies are eligible.
Amendment 855 #
2018/0228(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) innovation, safety, interoperability, inclusivity and accessibility aspects;
Amendment 864 #
2018/0228(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c a (new)
Article 13 – paragraph 1 – point c a (new)
(ca) Connectivity and territorial accessibility
Amendment 919 #
2018/0228(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) for works relating to the specific objectives referred to in Article 3 (2) (a), the amount of Union financial assistance shall not exceed 30 % of the total eligible cost. The co-financing rates may be increased to a maximum of 50 % for actions relating to cross-border links under the conditions specified in point (c) of this paragraph, for actions supporting the Motorways of the Sea and maritime links, including actions supporting ports on the comprehensive network, for actions supporting telematic applications systems, for actions supporting new technologies and innovation, for actions supporting improvements of infrastructure safety in line with relevant Union legislation and for actions located in outermost regions;
Amendment 924 #
2018/0228(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) for works relating to the specific objectives referred to in Article 3 (2) (a), the amount of Union financial assistance shall not exceed 30 % of the total eligible cost. The co-financing rates may be increased to a maximum of 50 % for actions relating to cross-border links under the conditions specified in point (c) of this paragraph, for actions relating to the improvement of territorial connectivity and accessibility, for actions supporting telematic applications systems, for actions supporting new technologies and innovation, for actions supporting improvements of infrastructure safety in line with relevant Union legislation and for actions located in outermost regions;
Amendment 936 #
2018/0228(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) for works relating to the specific objectives referred to in Article 3 (2) (a), the amount of Union financial assistance shall not exceed 30 % of the total eligible cost. The co-financing rates may be increased to a maximum of 50 % for actions relating to cross-border links under the conditions specified in point (c) of this paragraph, for actions supporting telematic applications systems, for actions supporting new technologies and innovation, for actions supporting improvements of infrastructure safety in line with relevant Union legislation and for actions located in outermost regions; and for railway networks, and road networks in the case of Member States with no railway network established in their territory or in the case of a Member State, or part thereof, with an isolated network without long-distance rail freight transport;
Amendment 943 #
2018/0228(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) as regards the amounts transferred from the Cohesion Fund, the maximum co- financing rates shall be those applicable to the Cohesion Fund as referred to in the Regulation (EU) XXX [CPR]. These co- financing rates may be increased to a maximum of 85% for actions relating to cross-border links under the conditions specified in point (c) of this paragraph and for actions relating to the improvement of territorial connectivity and accessibility;
Amendment 995 #
2018/0228(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 1061 #
2018/0228(COD)
Proposal for a regulation
Annex I – part I – table – Transport – Indicators
Annex I – part I – table – Transport – Indicators
Transport Efficient and Number of cross-border and missing links interconnected networks addressed with the support of CEF and infrastructure for (including actions relating to urban nodes, smart, sustainable, maritime ports, inland ports and rail-road inclusive, safe and secure terminals of the TEN-T core network) secure mobility Number of CEF supported actions contributing to the digitalisation of transport Number of alternative fuel supply points built or upgraded with the support of CEF Number of CEF supported actions contributing to the safety of transport Number of CEF actions contributing to transport accessibility for persons with disabilities Adaptation to military Number of transport infrastructure mobility requirements components adapted to meet military mobility requirements
Amendment 1111 #
2018/0228(COD)
Proposal for a regulation
Annex I – part III – point 1 – table – Core network corridor “Atlantic”
Annex I – part III – point 1 – table – Core network corridor “Atlantic”
Core network corridor "Atlantic" Alignment Gijón – León – Valladolid A Coruña – Vigo – Orense – León– Zaragoza – Pamplona/Logroño – Bilbao Tenerife/Gran Canaria – Huelva/Sanlúcar de Barrameda – Sevilla – Córdoba Algeciras – Bobadilla – Madrid Sines/Lisboa – Madrid – Valladolid Lisboa – Aveiro – Leixões/Porto – Douro river Aveiro – Valladolid – Vitoria-Gasteiz – Bergara – Bilbao/Bordeaux – Tours – Paris – Le Havre/Metz – Mannheim/Strasbourg Saint Nazaire – Nantes – Tours Shannon Foynes – Dublin – Cork – Le Havre/Cherbourg – Rouen – Paris Pre- Cross- Evora – Merida Rail identified border sections Vitoria-Gasteiz – San Sebastián – Bayonne – Bordeaux Aveiro – Salamanca Douro river (Via Navegável do Douro) Inland waterways
Amendment 1147 #
2018/0228(COD)
Proposal for a regulation
Annex I – Part III – point 1 – table – Core network corridor “North Sea- Mediterranean”
Annex I – Part III – point 1 – table – Core network corridor “North Sea- Mediterranean”
Amendment 253 #
2018/0225(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Reflecting the important contribution that research and innovation should make to address challenges in food, agriculture, rural development and the bioeconomy, and to seize the corresponding research and innovation opportunities in close synergy with Common Agricultural Policy, relevant actions under the Specific Programme will be supported with EUR 10 billion for the cluster 'Food and Natural Resources' for the period 2021-2027. Sustainable food production is vital for our future. EU entities are leading the development of innovative solutions to global challenges. An EU-led infrastructure for agri-food innovation will ensure European actors maintain competitive advantage while facilitating the transfer of knowledge, know-how and best practice globally, in line with the SDGs and the WTO Agreement TRIPS Article 66.2. This will be supported with €200 million from the Horizon budget.
Amendment 254 #
2018/0225(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Reflecting the important contribution that research and innovation should make to address challenges in food, agriculture, fisheries and aquaculture, rural development and the bioeconomy, and to seize the corresponding research and innovation opportunities in close synergy with Common Agricultural Policy and Common Fisheries Policy, relevant actions under the Specific Programme will be supported with EUR 106 billion for the cluster 'Food and Natural Resources from Land and Sea' for the period 2021-2027.
Amendment 316 #
2018/0225(COD)
Proposal for a decision
Article 2 – paragraph 2 – point h a (new)
Article 2 – paragraph 2 – point h a (new)
(h a) Supporting implementation of UN Sustainable Development Goals
Amendment 335 #
2018/0225(COD)
Proposal for a decision
Article 2 – paragraph 2 – point k a (new)
Article 2 – paragraph 2 – point k a (new)
(k a) Translating research outcomes into meaningful, tangible benefits for citizens
Amendment 389 #
2018/0225(COD)
Proposal for a decision
Article 3 – paragraph 1 – point 2 – point e
Article 3 – paragraph 1 – point 2 – point e
(e) cluster Food and Natural Resources from Land and Sea', as described in Annex I, Pillar II, section 5;
Amendment 579 #
2018/0225(COD)
Proposal for a decision
Annex I – paragraph 5
Annex I – paragraph 5
The Strategic Planning will help to develop and realise the implementation of policy for the relevant areas covered, at EU level as well as complementing policy and policy approaches in the Member States. EU policy priorities, including UN SDGs, will be taken into consideration during the Strategic Planning process to increase the contribution of research and innovation to the realisation of policy. It will also take into account foresight activities, studies and other scientific evidence and take account of relevant existing initiatives at EU and national level.
Amendment 607 #
2018/0225(COD)
Proposal for a decision
Annex I – paragraph 19
Annex I – paragraph 19
Greater impact will be obtained through aligning actions with other nations and regions of the world within an international cooperation effort of unprecedented scale. Based on mutual benefit, partners from across the world, to develop a shared future based on sustainable development bringing together knowledge capacity and infrastructure to support actions on both sides. Based on mutual benefit, partners from across the world, including research and education partners, industry, government and NGOs, will be invited to join EU efforts as an integral part of initiatives in support of EU action for sustainability, reinforced research and innovation excellence, and competitiveness. The transfer of knowledge, capacity and infrastructure between the partners internationally will drive shared approaches and regulation that will bring synergistic trading to both.
Amendment 610 #
2018/0225(COD)
Proposal for a decision
Annex I – paragraph 20
Annex I – paragraph 20
International joint action will ensure effective tackling of global societal challenges and Sustainable Development Goals, access to the world's best talents, expertise and resources, and enhanced supply and demand of innovative solutions. International collaboration and cooperation will be designed around common goals requiring international collaboration. This will facilitate European researchers to engage with the best researchers in their field.
Amendment 1324 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 4 – point 4.1 – paragraph 10
Annex I – part II – point 4 – point 4.1 – paragraph 10
Activities under this Cluster contribute in particular to the goals of the Energy Union, as well as to those of the Digital Single Market, the Jobs, Growth and Investment agenda, the strengthening of the EU as a global actor, the new EU Industrial Policy Strategy, the Circular Economy, the Raw Materials Initiative, the Security Union and the Urban Agenda, the Maritime Policy as well as the Common Agricultural Policy of the EU as well as EU legal provisions to reduce noise and air pollution.
Amendment 1512 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 5 – introductory part
Annex I – part II – point 5 – introductory part
5. CLUSTER 'FOOD AND NATURAL RESOURCES' FROM LAND AND SEA
Amendment 1517 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 5 – point 5.1 – paragraph 1
Annex I – part II – point 5 – point 5.1 – paragraph 1
Human activities are exerting increasing pressure on soils, seas and oceans, water, air, biodiversity and other natural resources. Nourishing the planet's growing population is directly dependent on the health of natural systems and resources. However, combined with climate change, humanity's growing demand for natural resources creates environmental pressures that go far beyond sustainable levels, affecting ecosystems and their capacity to provide services for human well-being Growth in food production is not matching growth in the global population. This requires breakthroughs in intensification of production. The concepts of the circular economy, the bioeconomy and the blue economy provide an opportunity to balance environmental, social and economic goals and to set human activities on a path to sustainability. At the same time, we must ensure nutrition and health are central to how our food production systems are implemented.
Amendment 1538 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 5 – point 5.1 – paragraph 7 a (new)
Annex I – part II – point 5 – point 5.1 – paragraph 7 a (new)
They will especially contribute to a mission "Clean and productive seas and oceans" described in detail in the specific Work Programme.
Amendment 1611 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 5 – point 5.2 – point 5.2.4 – introductory part
Annex I – part II – point 5 – point 5.2 – point 5.2.4 – introductory part
5.2.4. Seas and Oceans
Amendment 1645 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 5 – point 5.2 – point 5.2.5 – paragraph 2 – indent 1
Annex I – part II – point 5 – point 5.2 – point 5.2.5 – paragraph 2 – indent 1
– Sustainable and healthy diets for people's well-being across their lifespan ensuring that food production and processing systems are designed from the ground up with nutritional needs in mind;
Amendment 1647 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 5 – point 5.2 – point 5.2.5 – paragraph 2 – indent 2 a (new)
Annex I – part II – point 5 – point 5.2 – point 5.2.5 – paragraph 2 – indent 2 a (new)
- The use of new genomic and metabolomics technologies to recognise and meet the different needs of our global population to produce positive health impacts. Combining these two advancing technologies with the right regulatory, governance and knowledge transfer structures will create a powerful combination of healthy, nutritious food, targeted to specific population segments that takes full account of the local environment, culture and resources.
Amendment 1660 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 5 – point 5.2 – point 5.2.5 – paragraph 2 – indent 7 a (new)
Annex I – part II – point 5 – point 5.2 – point 5.2.5 – paragraph 2 – indent 7 a (new)
- Addressing the four central challenges of sustainability, production, nutrition and economic growth at a global level through dedicated Sustainable Development Infrastructure for Agrifood (SDIA).Future economies will be built not on the physical resources of the past, but on data flows, knowledge and collaboration. The objective of the SDIAs will be to: - enable the EU and Lesser Developed Countries (LDCs) develop a shared future based on sustainable development - facilitate collaboration brining knowledge, capacity and infrastructure to support actions on both sides - meet regional and local needs, in such a way that allows the sharing of baseline knowledge across a network of institutes participating in the SDIA within Europe. This connected network will be the driver on ongoing European competitiveness in the crucial agrifood sector. - Develop synergies with the EU Neighbourhood, Development and International Co-operation Instrument (2021-27) under Horizon Europe rules
Amendment 1662 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 5 – point 5.2 – point 5.2.5 – paragraph 2 – indent 7 b (new)
Annex I – part II – point 5 – point 5.2 – point 5.2.5 – paragraph 2 – indent 7 b (new)
- The development of the circular bioeconomy, maximising food production and processing cycles to optimise the value of our resources and minimise environmental impact
Amendment 1733 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 6 – point 6.2 – point 6.2.2 – paragraph 2 – point 5 – introductory part
Annex I – part II – point 6 – point 6.2 – point 6.2.2 – paragraph 2 – point 5 – introductory part
5. Food and Natural Resources from Land and Sea
Amendment 1979 #
2018/0225(COD)
Proposal for a decision
Annex II – paragraph 1 – point 8
Annex II – paragraph 1 – point 8
8. Food and Natural Resources from Land and Sea
Amendment 327 #
2018/0224(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The conception and design of the Programme should respond to the need for establishing a critical mass of supported activities, throughout the EU Union and through international cooperation, in line with the UN Sustainable Development Goals (SDGs). Programme implementation should reinforce the pursuit of this aimHorizon Europe should support and leverage national strategies for the fulfilment of the UN SDGs through common infrastructures and shared approaches. Programme implementation should reinforce the pursuit of this aim signalling the EU's commitment to providing leadership in addressing global challenges of and to sharing its knowledge with the wider world.
Amendment 333 #
2018/0224(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Activities supported under the Programme should contribute towards the achievement of the Union's objectives and priorities, the monitoring and assessment of progress against those objectives and priorities and for the development of revised or new priorities. European Research priorities should therefore be aligned with the Sustainable Development goals in terms of establishing targets and measuring the impact of the Programme.
Amendment 355 #
2018/0224(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) European research priorities extend beyond scientific ambitions. They include support for human well-being, environmental stability and economic sustainability. The pillar 'Global Challenges and Industrial Competitiveness' should be established through clusters of research and innovation activities, in order to maximise integration across the respective work areas while securing high and sustainable levels of impact in relation to the resources that are expended. It will encourage cross- disciplinary, cross- sectoral, cross-policy and cross-border collaboration in pursuit of the UN SDGs and the competitiveness of the Union's industries therein. It will also facilitate the development of appropriate metrics and evaluation criteria methodologies to measure policy and programme impact on all dimensions of sustainable development, including human development.
Amendment 370 #
2018/0224(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Full engagement of industry in the Programme, at all levels from the individual entrepreneur and small and medium-sized enterprises to large scale enterprises, should constitute one of the main channels through which the Programme's objectives are to be realised, specifically towards in order to promote an innovative, competitive and resilient ecosystem in the EU and the creation of sustainable jobs and growth across the EU. Industry should contribute to the perspectives and priorities established through the strategic planning process which should support the development of work programmes. Such engagement by industry should see its participation in the actions supported at levels at least commensurate with those under the previous framework programme Horizon 2020 established by Regulation (EU) No 1291/2013 of the European Parliament and the Council13 ('Horizon 2020'). __________________ 13
Amendment 445 #
2018/0224(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The Programme should promote and integrate cooperation with third countries and international organisations and initiatives based on common interest, mutual benefit and global commitments to implement the UN SDGs. International cooperation should aim to strengthen the Union's research and innovation excellence, attractiveness and economic and industrial competitiveness, to tackle global challenges, as embodied in the UN SDGs, and to support the Union's external policiesGreater global co-operation in science can lead to shared perspectives and economic futures. Economic cooperation has the potential to limit conflict and scientific cooperation can be a new language of diplomacy. International collaboration and cooperation in Horizon Europe should be designed around common goals. International cooperation should aim to strengthen the Union's research and innovation excellence, attractiveness and economic and industrial competitiveness, to tackle global challenges, as embodied in the UN SDGs, and to support the Union's external policies and to promote the contribution of science to achieving the SDGs. The alignment of research priorities with the SDGs will facilitate the development of appropriate metrics to measure impact on all dimensions of sustainable development, including human development. An approach of general opening for international participation and targeted international cooperation actions including science capacity should be followed, including through appropriate eligibility for funding of entities established in low to middle income countries. At the same time, association of third countries to the Programme should be promoted, recognising the need for an enabling policy regulatory environment. This will facilitate European researchers to engage with the best researchers in their field.
Amendment 458 #
2018/0224(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) With the aim of deepening the relationship between science and society and maximising benefits of their interactions, the Programme should engage and involve citizens and civil society organisations in co-designing and co- creating responsible research and innovation agendas and contents, promoting science education, making scientific knowledge publicly accessible, and facilitating participation by citizens and civil society organisations in its activities. It should do so across the Programme and through dedicated activities in the part 'Strengthening the European Research Area'. The engagement of citizens and civil society in research and innovation should be coupled with public outreach activities to generate and sustain public support for the Programme. There should be a heavy emphasis on translating the research outcomes in to meaningful, tangible benefits for citizens. The programme should also seek to remove barriers and boost synergies between science, technology, culture and the arts to obtain a new quality of sustainable innovation.
Amendment 464 #
2018/0224(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The activities developed under the Programme should aim at eliminating gender inequalities and promoting equality between women and men in research and innovation, in compliance with Articles 2 and 3 of the Treaty on European Union and Article 8 of the TFEU. The gender dimension should be adequately integrated in research and innovation content and followed through at all stages of the research cycle. The Programme should include concrete measures to counteract unconscious gender bias.
Amendment 580 #
2018/0224(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Programme’s general objective is to deliver scientific, economic and societal impact from the Union’s investments in research and innovation so as to strengthen the scientific and technological bases of the Union and foster its competitiveness, including in its industry, deliver on the Union strategic priorities, and contribute to tackling global challenges, includingtowards the fulfilment of the UN Sustainable Development Goals as outlined in Transforming our World: the 2030 Agenda for Sustainable Development.
Amendment 701 #
2018/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2 – point e
Article 4 – paragraph 1 – point 2 – point e
(e) cluster 'Food and Natural Resources from Land and Sea';
Amendment 812 #
2018/0224(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point a a (new)
Article 7 – paragraph 3 – point a a (new)
(aa) be aligned with the UN Sustainable Development Goals
Amendment 999 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point 5
Article 9 – paragraph 2 – point b – point 5
(5) EUR 106 000 000 000 for cluster 'Food and Natural Resources from Land and Sea';
Amendment 1520 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 2 – paragraph 1
Annex I – point 2 – paragraph 1
Through the following activities, this pillar will, in line with Article 4, strengthen the impact of research and innovation in developing, supporting and implementing Union policies, contribute to the fulfilment of the UN 2030 Agenda for Sustainable Development, and support the uptake of innovative solutions in industry and society to address global challenges. It will also contribute to the other Programme's specific objectives as described in Article 3.
Amendment 1592 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 2 – paragraph 4 – point e – paragraph 1
Annex I – point 2 – paragraph 4 – point e – paragraph 1
Areas of intervention: Environmental observation; Biodiversity and natural capital; Agriculture, forestry and rural areas; Sea and oceans; Food systems; Bio- based innovation systems; Circular systems; bio economy; precision agriculture; food and nutrition; food for health
Amendment 1723 #
2018/0224(COD)
Proposal for a regulation
Annex IV – point 11
Annex IV – point 11
11. Synergies with the Neighbourhood, Development and International Cooperation Instrument (the 'External Instrument') will ensure that the Programme's research and innovation activities with the participation of Third Countries and targeted international cooperation actions seek alignment and coherence with parallel market uptake and capacity-building actions strands under the External Instrument, based on joint definition of needs and areas of intervention commonly defined during the Programme's strategic research and innovation planning process and are fully aligned with the global goals of the 2030 Agenda on Sustainable Development. Such synergies will facilitate the fulfilment of Article 66.2 of the WTO TRIPS Agreement which notes the commitment by developed countries to provide incentives to their enterprises or institutions for the purpose of promoting and encouraging technology transfer to least-developed country members.
Amendment 1746 #
2018/0224(COD)
Proposal for a regulation
Annex V – table 2 – column 2 – row 2
Annex V – table 2 – column 2 – row 2
Table 2: Short-term Outputs - Number and share of outputs aimed at addressing specific EU policy priorities and the UN SDGs
Amendment 1751 #
2018/0224(COD)
Proposal for a regulation
Annex V – table 2 – column 3 – row 2
Annex V – table 2 – column 3 – row 2
Table 2: Medium-term Solutions - Number and share of innovations and scientific results addressing specific EU policy priorities and the UN SDGs
Amendment 1755 #
2018/0224(COD)
Proposal for a regulation
Annex V – table 2 – column 4 - row 2
Annex V – table 2 – column 4 - row 2
Table 2: Longer-term Benefits - Aggregated estimated effects from use of FP-funded results, on tackling specific EU policy priorities, including contribution to the policy and law-making cycle and the UN SDGs
Amendment 311 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
(i) improving access to employment of all jobseekers, in particular youth and long- term unemployed, people with chronic and long-term conditions, terminally ill people and of inactive people, promoting self- employment and the social economy;
Amendment 329 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point iii
Article 4 – paragraph 1 – point iii
(iii) promoting women’s labour market participation, a better work/life balance including access to childcare, a healthy and well–adapted working environment addressing health risks, rights to reasonable adjustments and accommodations, professional reorientation, adaptation of workers, enterprises and entrepreneurs to change, and active and healthy ageing;
Amendment 86 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(f a) event (accident) data recorded
Amendment 151 #
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. The Commission shall propose a Delegated Act on Direct Vision Requirements that eliminates the blind spot to the front and on the drivers side of trucks and significantly reduces the blind spot on the passenger side. This requirement shall be differentiated according to the type of truck.
Amendment 158 #
2018/0145(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. Prior to each session of the UNECE’s World Forum for Harmonization of Vehicle Regulations (WP.29), the Commission shall report to the European Parliament on: a) The progress made on the implementation of new vehicle safety features and technologies as mentioned in Articles 6(4), 7(7), 8(3), 9(7), 10(3) and 11(2) b) The progress made on the implementation of Article 11(2); c) The justification for any proposal to be voted in favour of during the session
Amendment 160 #
2018/0145(COD)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16 a Review By 3 years after entry into force of this Regulation and every three years thereafter, the Commission shall present a report to the European Parliament and to the Council including, where appropriate, proposals for amendments to this Regualtion or other relevant legislation regarding the inclusion of further new safety measures.
Amendment 31 #
2018/0139(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) Whereas both the European Parliament and the Council have frequently called for more interoperability and more comprehensive, user-friendly communication and information flows to help citizens and businesses make full use of the internal market and to strengthen internal market tools to better meet the needs of citizens and businesses when they conduct cross-border activities.
Amendment 36 #
2018/0139(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The existing National Single Windows in each Member State should be maintained as the basis for the European Maritime Single Window environment ('EMSWe'). The National Single Windows should constitute a comprehensive reporting entry point for maritime transport operators, performing the functionalities of data collection from the declarants and data distribution to all relevant competent authorities. A governance dimension, with a clear legal basis, should be developed for each National Single Window so that they have the competences and responsibilities to collect, store and distribute the data to the relevant authorities, and so that any relevant information received in accordance with this Regulation is made available to their National Single Windows via the SafeSeaNet system in accordance with Article 22a of the Directive 2002/59/EC;
Amendment 58 #
2018/0139(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3 a) "graphical user interface (GUI)" means a web interface for two-way web based user-to-system data submission to a single window. A GUI includes harmonised web pages and features that ensure a common navigation flow and data upload experience for a declarant fulfilling reporting obligations within the scope of this Regulation irrespective of where the GUI is deployed.
Amendment 59 #
2018/0139(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 b (new)
Article 2 – paragraph 1 – point 3 b (new)
(3 b) "common access point interface" means an optional or voluntary filing point for declarants for routing system-to- system data to the harmonised reporting interface modules of the respective single windows. This shall be developed as an added functionality of the harmonised reporting interface modules. It shall facilitate two-way exchanges of information between declarants and the relevant authorities who shall access it via their own single window.
Amendment 69 #
2018/0139(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. A Member State shall not introduce new reporting requirements, except under duly justified and exceptional circumstances, unless this has been approved by the Commission in accordance with Article 3 (2) and the new reporting requirement has been incorporated into the reporting interfaces. The Commission shall provide a decision on the introduction of a new reporting requirement within 60 days following the receipt of the notification by the Member State.
Amendment 72 #
2018/0139(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. In order to ensure uniform conditions for the introduction of new reporting requirements under exceptional circumstances, as referred to in paragraph 1 of this Article, the Commission is empowered to adopt a delegated act in accordance with the procedure referred to in Article 18 to define when such circumstances referred to in paragraph 1 shall be considered to be exceptional.
Amendment 76 #
2018/0139(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 a (new)
Article 5 – paragraph 1 – subparagraph 1 a (new)
The Member States shall ensure that a governance dimension with a clear legal basis is developed to provide each National Single Window with the competences required to efficiently collect store and distribute the data to the relevant authorities and so that any relevant information received in accordance with this Regulation is made available to other National Single Windows via the SafeSeaNet system in accordance with Article 22a of the Directive 2002/59/EC
Amendment 86 #
2018/0139(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission shall develop and update a harmonised reporting interface module for the National Single Windows (within two years after entry into force of this Regulation). This module shall include the possibility to exchange information between the information system used by the declarant and the National Single Window.
Amendment 88 #
2018/0139(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. The Commission shall, in close cooperation with the Member States, develop (within five years after entry into force of this Regulation) a voluntary optional common access point interface as an added functionality of the harmonised reporting interface modules, provided that the harmonised reporting interface modules have been implemented fully in accordance with paragraph 11 of this article. The access point interface shall consist of a common user interface jointly managed by the Commission and the participating Member States which shall be integrated with the harmonised reporting interface modules. The access point interface shall provide the possibility to use a single connection for system to system exchange of data between declarants and participating Member States´ reporting interface modules.
Amendment 93 #
2018/0139(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a a (new)
Article 5 – paragraph 3 – point a a (new)
(a a) Adherence with the functional and technical specifications for the reporting interface module in accordance with paragraph 11 of this article;
Amendment 95 #
2018/0139(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point b a (new)
Article 5 – paragraph 3 – point b a (new)
(b a) the provision of an easy-to-use harmonised Graphical User Interface (GUI), with a similar look and feel, for the exchange of data between a declarant and a Single Window that allows for two- way communication between the data provider and the relevant authorities. This shall adhere to the functional and technical specifications of the harmonised GUI as developed in accordance with paragraph 11 of this Article;
Amendment 98 #
2018/0139(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point d
Article 5 – paragraph 3 – point d
(d) the provision of an online support website in the official languages(s) of that Member State and in English, without prejudice to the principle of multilingualism enshrined in the TFEU.
Amendment 110 #
2018/0139(COD)
Proposal for a regulation
Article 5 – paragraph 11 – subparagraph 1 – point a a (new)
Article 5 – paragraph 11 – subparagraph 1 – point a a (new)
(a a) the functional and technical specifications, quality control mechanisms and procedures for deploying, maintaining and employing the harmonised graphical user interface (GUI) referred to in paragraph 3;
Amendment 111 #
2018/0139(COD)
Proposal for a regulation
Article 5 – paragraph 11 – subparagraph 1 – point a b (new)
Article 5 – paragraph 11 – subparagraph 1 – point a b (new)
(a b) the functional and technical specifications, quality control mechanisms and procedures for deploying, maintaining and employing the common access point interface as an added functionality to the harmonised reporting interface modules referred to in paragraph 2;
Amendment 123 #
2018/0139(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States mayshall allow declarants to provide the information through other reporting channels, such as port community systems or existing system-to-system reporting channels, provided that those channels are voluntary for the declarants. In this case, Member States shall ensure that those other channels make available the relevant information to the National Single Window.
Amendment 134 #
2018/0139(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a a (new)
Article 14 – paragraph 1 – point a a (new)
(a a) development plan for developing the voluntary common access point interface for the harmonised reporting interface modules foreseen within 5 years after entry into force of this Regulation
Amendment 138 #
2018/0139(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point b a (new)
Article 14 – paragraph 1 – point b a (new)
(b a) indicative deadlines for the Commission´s development of a common access point interface following the implementation of the harmonised reporting interface modules.
Amendment 140 #
2018/0139(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c a (new)
Article 14 – paragraph 1 – point c a (new)
(c a) testing periods for the common access point interface as an added functionality of the harmonised reporting interface modules;
Amendment 46 #
2018/0012(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) It can be challenging to adopt and monitor waste reception and handling plans for small ports, such as mooring areas and marinas, which receive low traffic, mostly recreational crafts, or are only in use during part of the year. The waste from those small ports is normally handled by the municipal waste management system according to the principles of Directive 2008/98/EC revised by Directive (EU) 2018/851. In order not to overburden the local authorities and facilitate the waste management in such small ports, it should be sufficient that the waste from local mooring areas and marinas is included in the municipal waste stream and managed accordingly, and that the port makes information regarding waste reception available to the users of the port.
Amendment 86 #
2018/0012(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive aims to protect the marine environment against the negative effects from discharges of waste from ships using ports located in the Union, while ensuring the smooth operation of maritime traffic, by improving the availability and use of adequate port reception facilities and the delivery of waste to those facilities.
Amendment 98 #
2018/0012(COD)
Proposal for a directive
Article 2 – paragraph 1 – point j
Article 2 – paragraph 1 – point j
(j) ‘port’ means a place or a geographical area made up of such improvement works and equipment as to permit principally the reception of ships, including the anchorage area within the jurisdiction of the port;
Amendment 102 #
2018/0012(COD)
Proposal for a directive
Article 2 – paragraph 1 – point l
Article 2 – paragraph 1 – point l
(l) ‘sufficient storage capacity’ means enough designated capacity to store theeach type of waste on board from the moment of departure until the next port of call, including the waste that is likely to be generated during the voyage;
Amendment 105 #
2018/0012(COD)
(m) ‘scheduled traffic’ means traffic based on a published or planned list of times of departures and arrivals between identified ports or recurrent crossings that constitute a recognised schedule; the ship´s schedule should be set in advance and remain stable over at least 4 months
Amendment 106 #
2018/0012(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
(q) ‘treatment’ means recovery or disposal operations, including preparation prior to recovery or disposal;
Amendment 116 #
2018/0012(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Member States shall take measures to ensure that, where possiin so far as is reasonable and practicable, ships, which do not fall within the scope of this Directive, deliver their waste in a manner consistent with this Directive.
Amendment 119 #
2018/0012(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States, if necessary in consultation with EMSA, shall investigate all reported cases of alleged inadequacies and ensure that any party involved in the delivery or reception of waste from ships can claim compensation for damage caused by undue delay, related to non-compliance with the waste reception and handling plan.
Amendment 133 #
2018/0012(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point e
Article 5 – paragraph 2 – subparagraph 1 – point e
(e) description of the cost recovery systems; including the fees and the basis on which they have been calculated and
Amendment 138 #
2018/0012(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall evaluate and approve the waste reception and handling plan, monitor its implementation and ensure its re-approval at least every threfive years after it has been approved or re- approved, and after significant changes in the operation of the port have taken place. These changes shall include, but not be limited to, structural changes in traffic to the port, development of new infrastructure, changes in the demand and provision of port reception facilities, and new on-board treatment techniques.
Amendment 141 #
2018/0012(COD)
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Small non-commercial ports, which are characterised by rare or low traffic from recreational crafts, shall be exempted from the scope of this article if their waste reception facilities are integrated in the waste handling system managed by or on behalf of the municipality, according to the principles of Directive 2008/98/EC as amended by Directive (EU) 2018/851, and information regarding the waste management system is made available to the users of those ports.
Amendment 146 #
2018/0012(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The information referred to in paragraph 1 shall be reported electronically in the part of the information, monitoring and enforcement system, referred to in Article 14 of this Directive, in accordance with Directive 2010/65/EU and Directive 2002/59/EC and be made available to relevant stakeholders including the operators of port reception facilities.
Amendment 156 #
2018/0012(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Upon delivery, the waste operator or the authority of the port where the waste was delivered shall accurately complete the form in Annex 3 and issue the waste receipt to the ship without undue delay.
Amendment 159 #
2018/0012(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
This requirement shall not apply in small unmanned ports or inports with unmanned facilities or in ports that are remotely located ports, provided that the Member State where such a port is located has reported this information electronically in the part of the information, monitoring and enforcement system referred to in Article 14 of this Directive.
Amendment 162 #
2018/0012(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The operator, agent or master of a ship, falling within the scope of Directive 2002/59/EC, shall before departure, or as soon as practicable after receiving it, electronically report the information from the waste receipt in the part of the information, monitoring and enforcement system referred to in Article 14 of this Directive, in accordance with Directive 2010/65/EU and Directive 2002/59/EC.
Amendment 172 #
2018/0012(COD)
Proposal for a directive
Article 7 – paragraph 7
Article 7 – paragraph 7
7. If, on the next port of call is located outside the Union, or there are good reasons to believebasis of the available information, including the information that is electronically available in the information, monitoring and enforcement system referred to in Article 14 of this Directive or in GSIS, it cannot be established that adequate facilities are not available in the next port of call, or this port is unknown, the Member State shall require the ship to deliver, before departure, all its waste before departurethat cannot be adequately received and treated at the next port of call.
Amendment 183 #
2018/0012(COD)
(b) the indirect fee shall cover the indirect administrative costs, as well as a significant part of the direct operational costs, as determined in Annex 4. The significant part of the direct operational costs shall represent at least 30 % of the total yearly direct costs for actual delivery of the waste during the previous year;
Amendment 187 #
2018/0012(COD)
Proposal for a directive
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) in order to provide for a maximum incentive for the delivery of waste as defined in Annex V to the MARPOL Convention, including the waste that has been collected in nets during fishing operations, the indirect fee to be charged shall cover all the costs of port reception facilities for this waste, in order to ensure a right of delivery without any additional direct charges; The indirect fee shall cover quantities normally delivered with respect to the category, type and size of ship and not exceeding the maximum designated storage capacity as mentioned in the form set out in Annex 2 to this Directive for ships falling within the scope of Directive 2002/59/EC other than for a fishing vessel or a recreational craft of less than 45 metres length who are exempt from the requirements of paragraph 1 in Article 6 and for whom the indirect fee shall cover all the costs of port reception facilities for this waste;
Amendment 200 #
2018/0012(COD)
Proposal for a directive
Article 8 – paragraph 2 – point c a (new)
Article 8 – paragraph 2 – point c a (new)
(ca) In order to avoid that the costs of collection and treatment of passively fished waste are borne exclusively by port users, Member States shall cover these costs from the revenues generated by alternative financing systems, including waste management schemes and the regional, national and European funding available;
Amendment 225 #
2018/0012(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The fees shall be reduced if ton the following basis, if: (a) The ship is engaged in short sea shipping trade (b) The ship’s design, equipment and operation are such that it can be demonstrated that the ship produces reduced quantities of waste, and manages its waste in a sustainable and environmentally sound manner. The Commission shall be empowered by means of delegated acts in accordance with Article 19, to define the criteria for determining that a ship meets the requirements stated in this paragraph in relation to the ship’s on-board waste management; This should be in line with best practice and IMO guidelines.
Amendment 229 #
2018/0012(COD)
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. In order to ensure that the fees are fair, transparent, non-discriminatory, and that they reflect the costs of the facilities and services made available, and, where appropriate, used, the amount of the fees and the basis on which they have been calculated shall be made available in English to the port users in the waste reception and handling plans.
Amendment 233 #
2018/0012(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) the arrangement under point (b) is evidenced by a signed contract with a port or waste contractor, waste delivery receipts and confirmation that the arrangement has been acceptnotified byto all ports on the ship’s route. The arrangement for delivery and payment of the fee shall be made in a port located in the Union in order to constitute sufficient evidence in accordance with this paragraph. or in another port if it can be established based on the information reported electronically into the information, monitoring and enforcement system referred to in Article 14 and in GISIS that adequate facilities are available in the port with which the arrangement under point (b) has been made.
Amendment 251 #
2018/0012(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The information reported for the purposes of Articles 4 and 5(2) shall be subsequently transmitted by the Commission to the IMO Port Reception Facilities Database within GISIS which will require regular updating.
Amendment 265 #
2018/0012(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by 31st of December 2020 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions. Implementation of obligations set out in Article 4(3), Article 5(2) last paragraph, Article 6(2), Article 7(3) and Article 9(3) shall occur in accordance with the revised Directive 2010/65/EU.
Amendment 40 #
2017/2951(RSP)
Paragraph 8
8. Recalls the importance of the Clinical Trials Regulation in stimulating and facilitating research into new vaccinations and ensuring transparency of results of clinical trials; calls on the Commission and the European Medicines Agency to implement the Clinical Trials Regulation without further delay; in particular through setting up the European Portal and Database (EUPD) whose implementation has seen significant delays of over two years;
Amendment 41 #
2017/2951(RSP)
Paragraph 8 – subparagraph 1 (new)
Further calls upon all parties involved to ensure that the current process of relocating the EMA away from London does not cause any additional disruption or delays to the work of the Agency;
Amendment 117 #
2017/2277(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recognises that people who have been diagnosed with a terminal illness, like all other individuals, retain the fundamental right to work; further recognises that people who have been diagnosed with a terminal illness must deal with complex legal situations regarding their health, social care and employment rights that is distinct from challenges facing other patient groups, as they often have little time to adapt to their changing conditions and for any workplace adjustments to be made; notes with concern the cases of the unfair dismissal of terminally ill employees as highlighted by the Dying to Work campaign; calls upon the Commission and the Member States to introduce additional employment protections for terminally ill people, for example through providing such employees with a “protected” employment status under EU law, similar to that which is contained within the Pregnant Workers Directive (92/85/EEC);
Amendment 133 #
2017/2277(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recognises that the integration of long-term unemployed individuals into employment through individually tailored measures is a key factor for fighting poverty and social exclusion and also has other preventative psychosocial benefits; stresses that integrating persons returning to work after mental or physical illness has a double effect: benefiting the individual as well as supporting the economy;
Amendment 142 #
2017/2277(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes the view that both the Member States and employers should take a positive and work- oriented approach to workers with disabilities, older workers and those who have suffered an illness, mental or physical illness, including those diagnosed with a terminal illness focusing on early evaluation of the individual’s remaining capabilitiescity and willingness to work and the adaptation of the workplace, taking into account the person’s occupational profile and socio-economic situation; encourages Member States to improve provisions in their social security systems that would favour the system of return to work;
Amendment 187 #
2017/2277(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on Member States to introduce policy frameworks including incentives for employers and active labour market policies to support the employment of persons with disabilities and chronic illnesses, including those who have been diagnosed with a terminal illness including the breaking down of barriers in the workplace;
Amendment 190 #
2017/2277(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Notes the increased number of workers affected by chronic illness in the workforce, including many of the tens of thousands of Europeans that are currently living with metastatic cancer; is of the opinion that jobs should be available for people affected by terminal illnesses such as metastatic cancer; is of the opinion that, for many, remaining in the workplace is a personal or economic imperative and is central to a patients quality of life and care; urges the Member States to support the reasonable adaptation of workplaces to the unique set of challenges facing this group of people by taking concrete steps to understand the scope of the problem and by raising awareness and identifying and sharing good practices on accommodations and adjustments in the general conditions for those who are terminally ill in the workplace;
Amendment 213 #
2017/2277(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that raising awareness of occupational rehabilitation and return-to- work policies and improved company culture are critical success factors in the return-to-work process and fighting negative attitudes, particularly with regard to those people with mental health issues, a disability or a terminal illness;
Amendment 230 #
2017/2277(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Takes note that we need to address the general conditions of metastatic cancer patients in the workplace, but yet we do not understand the dimensions of the problem; regrets that the ENCR, which forms the basis for the recently- launched European Cancer Information System, does not include data on metastatic cancer; regrets the fact that the European Agency for Safety and Health at Work´s (EU OSHA)extensive project on the rehabilitation and return to work of cancer patients has not yet provided any specific analysis of the situation facing metastatic cancer patients in the workplace; calls on the Commission to tackle the lack of data on the employment status of people with metastatic cancer and to support the collection of better data, that is comparable across Member States, in order to improve policy design and service provision for this group of people;
Amendment 237 #
2017/2277(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Takes the view that national and EU-wide campaigns such as the Dying to Work campaign around combatting discrimination facing terminally ill workers also play an important role in shifting popular opinion;
Amendment 47 #
2017/2085(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on Member States to improve their road infrastructure significantly by means of regular maintenance, appropriate upgrades and innovative measures;
Amendment 56 #
2017/2085(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Observes that, in 43% of cases, fatal road accidents in urban areas occur to pedestrians and cyclists, and calls on Member States to take greater account of the more vulnerable road users in building and maintaining roads, for example by building more cycle paths, or expanding themby addressing critical accident hotspots and by building and maintaining more cycle infrastructure, or expanding and modernizing existing infrastructure;
Amendment 64 #
2017/2085(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Observes that, while HGV´s account for only 3% of the vehicles in the road, they are involved in 15% of road fatalities.Vulnerable road users are involved in more than one third of the fatal accidents while numbers show that accidents between HGVs and vulnerable road users are increasing when compared to other categories.Vulnerable road users such as cyclists and pedestrians account for approximately 1 000 truck-related fatalities every year.Calls on the Commission to accelerate the mandatory introduction of ambitious differentiated direct vision standards, intelligent speed assistance and AEBS with cyclist and pedestrian detection for HGVs;
Amendment 69 #
2017/2085(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Observes that relatively fast e-bikes and also other electric unicyclmobility devices are becoming increasingly popular, and calls on the Commission therefore to examine the safety requirements for them without delay and to make proposals relating to safety, taking due account of subsidiarity;
Amendment 79 #
2017/2085(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Observes that 46% of road fatalities are vulnerable road users. Fatalities among this group are decreasing much slower than other road users.1a Calls on the Commission to mandate new active and passive vehicle safety technologies; _________________ 1ahttp://etsc.eu/intelligent-speed- assistance-new-film-calls-for- safetyasstandard/
Amendment 95 #
2017/2085(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission and Member States to improve the safety level of existing vehicles in use, by incentivizing and promoting retrofitting of vehicles with cost effective road safety systems with features including forward collision warning (FCW), lane departure warning (LDW), pedestrian collision warning, driver's blind spot detection, driver doziness detection and other appropriate systems;
Amendment 124 #
2017/2085(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Points out the importance of extensive, professional and on-road driver training to achieve further road fatality and serious injury reduction;
Amendment 125 #
2017/2085(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Considers that the acquiring of a drivers licence needs to be coupled to having received professional and on-road practical training in order to ensure a necessary level of driver competence;
Amendment 129 #
2017/2085(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and market operators to arrange for open standards and interfaces so that no systems peculiar to a single manufacturwhich will further limitprove interoperability and so that independent tests are possible thanks to access to the relevant vehicle and system data, including their updates to themwhile respecting proprietary data and intellectual property;
Amendment 148 #
2017/2085(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that, in order to improve road safety, the deceleration of vehicles should be rendered easier for other road users to perceive by means of clear signal lights on vehicles, and expects the compulsory use of an emergency braking indicator in the form of a winkflashing brake light or flashing hazard lights;
Amendment 152 #
2017/2085(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for the compulsory installation of overridable intervening intelligent speed assistants to indicate speed limice systems, indicating also stop signs and traffic lights, and calls on Member States to ensure that road signs are kept in excellentbest possible condition, and that road markings are clearly legible;
Amendment 172 #
2017/2085(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Emphasises that increasing the immediate field ofdirect vision in heavy goods vehicles, buses and coaches, and reducing the blind spots can help significantly toin improveing the road safety of such vehicles, and; recalls that different categories of trucks are used differently and in different environments, such as urban environments, construction or for long-haul journeys and calls on the Commission to mandate ambitious and differentiated direct vision standards for all categories; calls on the Commission to make it compulsory to install cameras and turning assistant systems, while observing that such measures should accord with Directive (EU) 2015/719 and should not result in any extension of the time limits for implementation laid down there;
Amendment 188 #
2017/2085(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Observes that tyre pressure has significant implications for road safety and, fuel consumption, ands well as emissions, calls therefore on the Commission to make it compulsory to install tyre pressure monitoring systems, which should come with a safety net that should be able to recognise and alert drivers at least to a critical air pressure of less than 1.5 bar; calls on the Commission to transpose the Tyre Pressure Measurement Systems (TPMS) amendments aimed at delivering in real world conditions agreed at UNECE in 2016 into EU law, for all vehicles; urges the Commission to ensure the TPMS requirements apply to all aftermarket tyres, including winter tyres; calls on the Commission to make direct TPMS mandatory for vans, buses and heavy good vehicles;
Amendment 200 #
2017/2085(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Considers it important to make compulsory to install automated seatbelt adjustment systems in order to avoid neck damage;
Amendment 204 #
2017/2085(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission, from 2019, to extend the eCall installation requirement to motorcycle helmets, heavy goods vehicles and buses and coaches;
Amendment 218 #
2017/2085(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Calls on the Commission to update the testing requirements for motor vehicle passive safety systems to include Vulnerable Road User front and rear impact;
Amendment 222 #
2017/2085(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26 b. Observes that redesigned front and rear underrun protection (FUP) of HGVs could reduce fatalities in head-on collisions between cars and HGVs with 20%, calls on the Commission to mandate improved energy absorbing FUPs for all new vehicles;
Amendment 226 #
2017/2085(INI)
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26 c. Emphasises that the Directive (EU) 2015/719 – Weights & Dimensions - is a unique opportunity to improve HGV safety, calls on the Commission to accelerate work on this Directive and come forward with their assessment before the end of 2017.
Amendment 6 #
2017/2084(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. Whereas transport represents almost a quarter of Europe’s greenhouse gas emissions and is the main cause of air pollution in cities; notes that buses are a significant part of any public transport system and are the only public transport mode in many European cities and that the electrification of buses alongside the other numerous alternative fuel solutions represents a promising opportunity to reduce the carbon footprint of European public transport services;
Amendment 9 #
2017/2084(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. Whereas in order to meet the Paris Agreement’s goal of limiting the global rise in temperature to well below 2°C, there will need to be a substantial increase in annual investment in renewable energy between now and 2050;
Amendment 11 #
2017/2084(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. Whereas the increased promotion and support of energy efficiency, renewable energy technology and electric mobility, alongside digitalisation, intelligent transport systems and intelligent infrastructure that optimises energy generation will accelerate the transition to a competitive low-carbon economy, supporting jobs, growth and investment and boost European economies;
Amendment 12 #
2017/2084(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. Whereas many companies will have to underpin their transformation strategy with mobility, affording significant opportunities for SME´s, start- ups and new business models in the transport sector and this should be supported;
Amendment 17 #
2017/2084(INI)
1a. Recalls that it is important to recognise that some sectors will have a more difficult time than others in switching or even transitioning to cleaner energy alternatives; Notes that, for transport, it is clear that electricity generated from renewable sources is a promising alternative to fossil fuels however significant investment will be needed to develop the required infrastructure;
Amendment 19 #
2017/2084(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Considers that policy plays a key role in promoting renewable energy and notes that, when it comes to financing renewable-energy projects, one of the key issues is creating the right incentives and conditions to attract investors and that the Commissions plays an important role in terms of creating coherent, complementary cross-sectoral policies that provide regulatory certainty for investors;
Amendment 20 #
2017/2084(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Strongly believes that in order to meet the EU´s renewable energy deployment goals, policymakers urgently need to strengthen investment conditions, not only regarding investment policy but for competition, trade and financial market policy; recalls that investment conditions are among the main factors holding back investment and innovation in renewable energy and that we must ensure that the broader investment environment does not contradict investment and innovation in renewable energy;
Amendment 27 #
2017/2084(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that connected car technology presents a significant opportunity to improve environmental performance and notes the dense network infrastructure required to guarantee high capacity and low latency needs for a 5G network to make best use the possibilities for connected and autonomous vehicles to improve mobility in the urban environment; recognises that this should be in-line with the wider process of digitization across European industry,
Amendment 33 #
2017/2084(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the major efforts being made under the EU’s Horizon 2020 research and development programme to support the decarbonisation of transport; calls on the Commission, in future, to focus the available funding more clearly on interconnected strategic priorities, such as electromobility and integrated urban transport, with particular attention to noise reduction; Recalls that European research and innovation, supported by such programmes, is a key enabler of the market uptake of energy and ICT innovation
Amendment 41 #
2017/2084(INI)
3a. Welcomes the fact that the Commission will support the market uptake of innovative clean energy solutions through public procurement and revision of the clean vehicles directive and recognises the potential benefit to public transport authorities and operators, bus manufacturers, industry suppliers, energy providers, national and international associations and research centres; Calls on the Commission to come forward swiftly with proposals to this effect;
Amendment 50 #
2017/2084(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines the need to share and scale up best practices and smart, sustainable and inclusive urban projects as improved transport planning and better use of digitalisation are important measures for improving efficiency; calls for an integrated and coordinated approach to take account of the urban dimension of EU and national policies and legislation in order to support enable and encourage the Member States in order to improve the quality of life in urban areas;
Amendment 67 #
2017/2084(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Supports the overarching goals set by the Commission, particularly the need to prioritise energy efficiency, including a single smart European electricity grid, and to give more financial support to clean-energy policies.
Amendment 68 #
2017/2084(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that, unlike other transport modes, aviation is likely to remain dependent on liquid hydrocarbon fuels for the foreseeable future; Believes that, with this in mind, increased support for research and innovation in solutions that cover the entire supply and value chain is essential to minimising the environmental impacts of manufacturing and operation; Believes that this will have a positive effect on both commercial aviation and on European space programs, for example.
Amendment 40 #
2017/2067(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights the potential of digital technologies and related business models in road transport and recognises the Strategy as an important milestone towards the development of C-ITS and, ultimately, automated mobility; notes that cooperative, connected and automated vehicles can boost the competitiveness of European industry, make transport smoother and safer, as well as reduce congestion, energy consumption and emissions from transport;
Amendment 58 #
2017/2067(INI)
5. Recalls that C-ITS are systems allowing different ITS stations (vehicles, roadside equipment, traffic control centres and nomadic devices) to communicate and share information using a standardised interoperable communication architecture;
Amendment 73 #
2017/2067(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets the absence of a clear time scheduling for Day 1.5 services and beyond,table for the introduction of C-ITS services as well as the absence of a full impact assessment and precise information on the deployment initiatives in developing C-ITS services and potential service extensions; calls therefore on the Commission to present a detailed timetable with a clear set of targets for what the EU needs to achieve between 2019 and 2029 in the context of the gradual EU-wide deployment of C-ITS, including estimates of when different C- ITS services will need to be deployed, starting in 2019;
Amendment 78 #
2017/2067(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges all Member States to join the C-Roads Platform, as it is intended to play a significant role in implementing the Strategy, provided that it observes technology neutrality which is needed to encourage innovations; invites car manufacturers to initiate C-ITS deployment to implement the Strategy;
Amendment 99 #
2017/2067(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Draws attention to the importance of privacy and data protection of C-ITS data, which should be used for C-ITS purposes only and not be retained or used for other ends; stresses that smart cars shoin fuldl comply fullyiance with the General Data Protection Regulation (GDPR), and C-ITS service providers must offer clear terms and conditions to drivers, enabling them to give their freely informed consent to any processing of their personal data;
Amendment 123 #
2017/2067(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Believes that technology neutrality and the hybrid communication approach, combining complementary communication technologies is the correct approach and that the most promising hybrid communication mix appears to be a combination of the European Telecommunications Standards Institute’s ETSI ITS-G5 and existing cellular networks (C-V2X), which will ensure the best possible support for deployment of the basic C-ITS services;
Amendment 163 #
2017/2067(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recommends that the Commission rapidly establish an adequate legal framework to achieve EU-wide interoperability on time; calls on the Commission to publish a legislative proposal on access to in-vehicle data and resources no later than September 2018; recommends that this proposal should guarantee a level playing field for non- monetised access toallow the entire automotive value chain and end users to benefit from the opportunities of digitalisation, guaranteeing a fair, timely, secure and unrestricted access, and storage of in- vehicle data for all third-parties in order to protect consumer rights, promote innovation and ensure fair competition on this market, taking into account the conclusions of the Commission’s study on access to in- vehicle data and resources;
Amendment 8 #
2017/2064(INL)
Motion for a resolution
Recital A
Recital A
A. whereas odometer tampering, i.e. the malpractice of deliberate and unauthorised altering of the real mileage of a vehicle shown on its odometer, is a serious and widespread problem throughout the whole European Union especially in cross-border trade and harms third countries, which import second- hand cars from the European Union;
Amendment 19 #
2017/2064(INL)
Motion for a resolution
Recital H
Recital H
H. whereas mileage fraud disproportionally affects social groups and geographical areas with lower income, exposing customers in EU-13 countriethese consumers to a higher risk of buying a car with manipulated odometer and thus they are more often harmed by this malpractice;
Amendment 40 #
2017/2064(INL)
Motion for a resolution
Recital T
Recital T
T. whereas most cars entering the market are already capable of connectivity features thus creating an almost completelyprogressively moving towards a connected car fleet on Europe’s roads;
Amendment 42 #
2017/2064(INL)
Motion for a resolution
Recital W
Recital W
W. whereas blockchain technology could be key to trusted odometer data storage, offering a hacker proof solution and enabling protection of personal data while it is suitable for both automated transfer of data in connected vehicles and manual entries at PTIone solution for future odometer data storage;
Amendment 57 #
2017/2064(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines that a buyer of a second-hand vehicle should be able to verify the accuracy of its odometer reading, based on the collected mileage data from that vehicle since its first registration, which makes the access to cross-border data of odometer readings an indispensable tool to provide consumer protection;
Amendment 80 #
2017/2064(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights that all measures involving transmission and storage of data should follow the European data protection acquis and the highest level of cyber protection;
Amendment 119 #
2017/2064(INL)
Motion for a resolution
Annex I – paragraph 5
Annex I – paragraph 5
Amendment 122 #
2017/2064(INL)
Motion for a resolution
Annex I – paragraph 7
Annex I – paragraph 7
The blockchain technology offers a reliable tool to secure data in a network and successfullyto help prevent manipulation of data entries. Combining those developments and technology could be explored as a long- term solution to odometer fraud.
Amendment 128 #
2017/2064(INL)
Motion for a resolution
Annex I – paragraph 10 – introductory part
Annex I – paragraph 10 – introductory part
Until now, odometer fraud is not a criminal offence in all Member States, although Directive 2014/45/EU explicitly calls for that. Having effective legal measures enforced, including fines and penalties is crucial for eradicating odometer fraud. Therefore, following measures should be proposed:
Amendment 53 #
2017/2052(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Believes that within the context of the next MFF there should be the possibility to further develop and extend the existing core and comprehensive TEN-T network corridors, including into relevant third countries to support projects of common interest in the transport sector.
Amendment 85 #
2017/2052(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that nine core network corridors are identified in the annex to the CEF Regulation, which included a list of projects pre-identified for possible EU funding during the period 2014 – 2020, based on their added value for TEN-T development and their maturity status; believes that an upgraded and more effective CEF should prioritise more direct linkages between more core and comprehensive networks and to introduce an emphasis on promoting greater links between comprehensive networks, including, for example, horizontal priorities such as Motorways of the Sea and that this should be reflected in any list of pre-identified projects to be included in the next CEF Regulation;
Amendment 13 #
2017/2044(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that the 2018 budget has to play a key role in enhancing the Union’s contribution to growth and jobs in the Union especially in combating unemployment amongst those furthest from the labour market;
Amendment 27 #
2017/2044(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines the importance of sufficient funding and good budgetary management of the programmes within the 2014-2020 Multiannual Financial Framework that aim to address unemployment, poverty and social exclusion, such as the YEI, the European Globalisation Adjustment Fund (EGF), the different axes of the Programme for Employment and Social Innovation (EaSI) and the Fund for European Aid to the Most Deprived (FEAD); welcomes the increases proposed for EGF (+2 % increase year on year in commitment appropriations of the maximum envelope available for this fund) and FEAD (+1,9 % in commitment appropriations);
Amendment 39 #
2017/2044(BUD)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Rejects the cut for the EU-OSHA agency as proposed by the Council and reiterates the importance of rejecting this proposed cut;
Amendment 40 #
2017/2044(BUD)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls for the staff reduction target of EUROFOUND for 2018 to be postponed exceptionally;
Amendment 42 #
2017/2044(BUD)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Notes that five pilot projects received either an 'A' or a 'B' rating and encourages the budgetary authority to include them in the 2018 budget and the Commission to implement these without delay;
Amendment 28 #
2017/2043(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the view that the EU budget should also support vocational training and professional qualification measures with a particular emphasis on upskilling and sectorial-specific skills gap; highlights, in this respect, that proper funding for the European Centre for the Development of Vocational Training (CEDEFOP) is paramount;
Amendment 35 #
2017/2043(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Points out that micro, small, and medium-sized enterprises are a major source of employment in the Union and that one of the main problems in setting up such enterprises and keeping them going is that of obtaining finance; encourages in that regard the 'Think Small First Principle'; underlines that the 2018 budget should support measures promoting entrepreneurship in those enterprises, including social entrepreneurship and innovative social enterprises and self- employment; stresses, in this respect, that the budget 2018 should in particular facilitate access to micro- credits available through the microfinance and social entrepreneurship axis of the Employment and Social Innovation (EaSI) programme;
Amendment 41 #
2017/2043(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Urges that financial support be provided for programmes creating jobs, and programmes for job-retention, for those with multiple disadvantages on the labour market, such as the long-term unemployed, people with disabilities and people from minority backgroundthe over 50 year olds, people with long term, metastatic and chronic illnesses, people with mental ill health, people with disabilities and people from minority backgrounds; stresses that employment has a positive impact on the recovery process of persons with physical and mental ill health and funding should target evidence-based models such as Place and Train schemes;
Amendment 45 #
2017/2043(BUD)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that the 2018 budget should promote a high level of worker protection and a culture of prevention across the EU and help to address the new challenges to physical and mental health and safety at work that continue to take place- in this respect, proper funding for OSHA and the physical and mental health and safety at work strand in the PROGRESS axis of the EaSI programme should be ensured;
Amendment 47 #
2017/2043(BUD)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Stresses that the EU budget should support efforts to promote the completion of the single market, competitiveness and social convergence, the development of a policy on socially responsible enterprises, and the monitoring of the application of statutory social standards by enterprises in order to ensure the creation of jobs and growth;
Amendment 48 #
2017/2043(BUD)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Calls for a sustained effort to be made through the budget to provide for appropriate training and re-skilling in sectors with labour shortages and in key sectors with high job-creation potential;
Amendment 49 #
2017/2043(BUD)
Draft opinion
Paragraph 8 d (new)
Paragraph 8 d (new)
8 d. Calls for Parliament's delegation to emphasise the importance of full implementation of the budget lines dedicated to employment and social affairs;
Amendment 50 #
2017/2043(BUD)
Draft opinion
Paragraph 8 e (new)
Paragraph 8 e (new)
8 e. Points out that changes that reduce the budgetary programming for these lines must be rejected and that a proper balance between commitment and payment appropriations must be found in order to allow these policies to reach their full potential;
Amendment 51 #
2017/2043(BUD)
Draft opinion
Paragraph 8 f (new)
Paragraph 8 f (new)
8 f. Recalls that decentralised agencies whose missions fall within the remit of the Committee on the Employment and Social Affairs play a major role, and stresses that their tasks are constantly growing and that those agencies must therefore be given the necessary financial and human resources to fulfil their mandate and execute such tasks; strongly supports, a case-by-case approach to assessing the individual needs of decentralised agencies.
Amendment 52 #
2017/2043(BUD)
Draft opinion
Paragraph 8 g (new)
Paragraph 8 g (new)
8 g. Considers that the parameters of programmes such as the European Globalisation Fund are unfairly prohibitive on smaller Member States, suggests that the criteria for eligibility be flexible in this regard as redundancies and closures have the ability to affect smaller regions to a greater extent than others;
Amendment 53 #
2017/2043(BUD)
Draft opinion
Paragraph 8 h (new)
Paragraph 8 h (new)
8 h. calls on the European Council to complete the review of the Multiannual Financial Framework as soon as possible;
Amendment 54 #
2017/2043(BUD)
Draft opinion
Paragraph 8 i (new)
Paragraph 8 i (new)
8 i. calls on the Member States to complete the accreditation of all responsible management authorities to ensure efficient operational functioning of the ESF
Amendment 35 #
2017/2039(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, having peaked at 24 % in 2013, the youth unemployment rate in the EU-28 has steadily dropped, reaching below17 % in 2017 but is still too high;
Amendment 50 #
2017/2039(INI)
Motion for a resolution
Recital J
Recital J
J. whereas one main ambition of the YEI and YG is to reach out to those young people Not in Employment, Education or Training (NEETs), even if they are not actively looking for a job and in this regard member states must establish appropriate outreach strategies;
Amendment 99 #
2017/2039(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that the YEI aims to complement national funding and not to replace it, notes with concern in this regard the ECA report which stated that there was a risk EU funding was simply replacing national funding rather than adding extra value; stresses that the YEI budget cannot and was never meant to shoulder on its own the ambition of offering all young people a good-quality offer within a period of four months of becoming unemployed or leaving formal education and notes that no member state has managed to achieve this target;
Amendment 126 #
2017/2039(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that reaching out to NEETs requires strong and sustained efforts by national authorities and cross-sectoral cooperation, as NEETs are a heterogeneous group with diverse needs and member states must ensure that appropriate and tailored outreach strategies are put in place to target all groups;
Amendment 1 #
2017/2003(INI)
Draft opinion
Recital -A (new)
Recital -A (new)
-A. whereas the collaborative economy offers many opportunities for growth and jobs, especially for people who are distant from the labour market, such as young people, students, women and seniors, and provides innovative new services for citizens and consumers;
Amendment 1 #
2017/2003(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the emergence of the collaborative economy in transport and tourism services, acknowledging that, with an appropriate regulatory framework in place, it has the potential to provide more varied and affordable services to customers and to boost newgreater choice, affordability and more varied services to customers while providing greater opportunities for SME´s and start-ups to support new and innovative forms of cooperative exchanges between citizens in the EU; notes that the collaborative economy may serve to help facilitate the inclusion of people who may have been traditionally excluded from the labour market, it could be a point of entry for young people into their first job for example;
Amendment 3 #
2017/2003(INI)
Draft opinion
Recital A
Recital A
A. whereas the Commission communication entitled ‘A European Agenda for the collaborative economy’ stresses the increasing significance of the platform economy, its important contribution to growth and jobs by providing new opportunities for citizens and innovative entrepreneurs, and its impact on economic and employment policies;
Amendment 5 #
2017/2003(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas with the Communication on a European agenda for the collaborative economy, the EU provides welcomed guidelines on applicable EU rules and recommendations to help citizens, businesses and EU countries to fully benefit from these new business models and promote a balanced and fair development of the collaborative economy;
Amendment 16 #
2017/2003(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the Commission communication on collaborative economy is a starting point of the EU contribution to a balanced and fair development of the collaborative economy, given the rapid evolution of this economy and its related regulatory loopholes and uncertainties that still must be clarified;
Amendment 20 #
2017/2003(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas the European Commission and the Member States need to address more deeply the social dimension of the collaborative economy by providing in depth analysis and data on new forms of employment, by monitoring the evolving regulatory environment and by encouraging the exchange of good practices among EU countries, in order to overcome the social challenges related to this new economy;
Amendment 29 #
2017/2003(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need for a clear distinction between ‘professional’ and ‘non-professional’ platforms and to recognise activities in the platform economy that are properly categorised as ‘work’platforms with a lucrative business model and those based on the sharing of costs, resources or skills, in order to ensure a level playing field for EU businesses and citizens; in parallel, calls for a clear distinction between non-professional peer-to-peer activity and service providers acting in their professional capacity by further developing sector specific criteria and thresholds, in collaboration with relevant stakeholders; amongst service providers, underlines the need to distinguish employees and self-employed, in order to apply them rights and duties accordingly;
Amendment 48 #
2017/2003(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. States that all workers in the platform economy are either employed or self-employed based on the primacy of facts; recalls in this context that, for the purpose of applying EU law, the Court of Justice has defined the concept of ‘worker’ on the basis of an employment relationship characterised by certain criteria such as subordination, remuneration and the nature of workthe existence of a subordination link, the presence of a remuneration and the nature of work, even so EU Member States are responsible for deciding who is to be considered a worker in their national legal order; calls also to clarify self- employment in order to prevent bogus self-employment and to ensure the rights of self-employed workers;
Amendment 49 #
2017/2003(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that, in the context of the collaborative economy, issues related to consumer protection, liability allocation, insurance schemes, social protection of workers (whether they are employed or self-employed) and data protection are the most urgent ones, and expects a regulatory intervention in that regard; emphasises that a regulatory framework should create a level playing field, foster innovations and contribute to the overall development and fulfilment of the EU transport policy goals, such as transport decarbonisation, territorial cohesion, affordability, accessibility and safety; stresses that, while providing clarity for consumers and business, any regulatory framework should help facilitate and enable the growth of the collaborative economy and take care not to inhibit digital innovation;
Amendment 59 #
2017/2003(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for a framework directiveon the Commission and the Member States, in cooperation with social partners, to assess the impact of the collaborative economy on forms of employment and working conditions, to check if the current legislations are able to cover platform workers and, if necessary, to consider accordingly the need to update the current social acquis, to better enforce legal frameworks on working conditions into the platform economy, in order to guarantee the legal situation of platform workers and, to ensure that all platform workers have the same social and employment rights and health and safety protection as workers in the traditional economy and to ensure a level playing field for businesses; Underlines that digital technologies are evolving so fast that policy making should not be based on a catch-up approach but rather on a logic of anticipation;
Amendment 70 #
2017/2003(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Takes note of the multiplication of national and local regulatory initiatives affecting the collaborative economy; Stresses the importance of rapid clarification at European level of the applicable rules in order to limit the fragmentation of the internal market;
Amendment 75 #
2017/2003(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls the potential of collaborative economy models to improve the efficiency of the transport system and reduce undesired externalities of traffic such astraffic congestion and emissions; emphasises the need to fully integrate collaborative transport services into the conventional transport system and to avoid administrative systems or legislative measures which might lead to exclusion of collaborative transport services from transport planning and operations, with a view to enabling the creation of smooth complete travel chains and the provision of new forms of sustainable mobility; underlines that, in- line with the wider digitization of Europe´s transport services, that high- speed wireless and fixed connectivity is essential for the further development of the collaborative economy;
Amendment 91 #
2017/2003(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for more reliable data on joband evidence on jobs, skills and working conditions in the platform economy and, if necessary, for the adjustment of related policies to create a level playing field between the platforms and traditional economiebusinesses, especially SMEs, in particular in the field of consumer protection, taxation and working conditions;
Amendment 98 #
2017/2003(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 99 #
2017/2003(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for Member States to adapt their education and training policies to the new skills requested in the collaborative economy; Encourages Member States to include digital trainings in their school programs, from primary school; underlines the need to develop lifelong learning programs to be able to acquire new skills related to technological developments all along the professional career;
Amendment 104 #
2017/2003(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Underlines that the collaborative economy fosters entrepreneurship; Stresses the need to adapt training mechanisms to this new kind of businesses;
Amendment 107 #
2017/2003(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls on the national public employment services and the EURES Network to communicate better on the opportunities offered by the collaborative economy;
Amendment 125 #
2017/2003(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the European Commission and the Member States to reflect on the appropriate means to ensure that digital platforms inform providers on the regulatory framework that has to be complied with, when offering services, as individuals using platforms are sometimes not even aware of the requirements they should fulfil; considers that digital platforms should play a more proactive role in checking whether the service provider fulfils its legal requirements; Calls on Member States to operate specific controls in order to check if operators stick to the rules, especially in terms of taxation, consumer protection, working conditions and skills requirements;
Amendment 132 #
2017/2003(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Emphasizes that the economic model of collaborative economy is based on users' trust, particularly in online comments; calls in this context on the European Commission to propose tools for certification of online consumer opinions in order to allow users to have reliable and fair information on the quality of the services offered on collaborative platforms;
Amendment 141 #
2017/2003(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines that constant accessibility represnectivity can help for a better work life balance by facilitating working time arrangements; a serious health and safety risk in the platform economy; advocates the establishment of a ‘right to log off’.cknowledges however the need to assess the effects of collaborative economy on health and safety at work and to adapt accordingly the existing health and safety framework;
Amendment 150 #
2017/2003(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights that the collaborative economy has flourished mainly so far in urban areas; Stresses therefore the importance of deploying broadband in rural areas in order to enable all EU territories to benefit from the potential of the collaborative economy, especially in terms of employment; Calls for Member States to strengthen financial and human resources to enable people from rural areas to acquire basic digital skills;
Amendment 2 #
2017/0122(COD)
Council position
Recital 8
Recital 8
(8) Drivers engaged in long-distance international transport of goods spend long periods away from their homes. The current requirements on the regular weekly rest may prolong those periods unnecessarily. It is thus desirable to adapt the provisions on the regular weekly rest periods in such a way that it is easier for drivers to carry out international transport operations in compliance with the rules and to reach their home for their regular weekly rest period, and be fully compensated for all reduced weekly rest periods. Given the differences between passenger transport and goods transport, this possibility should not apply to drivers when engaged in passenger transport.
Amendment 7 #
2017/0122(COD)
Council position
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 3
Article 8 – paragraph 6 – subparagraph 3
By way of derogation from the first subparagraph, a driver engaged in international transport of goods may, outside the Member State of establishment,may take two consecutive reduced weekly rest periods provided that the driver in any four consecutive weeks takes at least four weekly rest periods, of which at least two shall be regular weekly rest periods.
Amendment 120 #
2017/0122(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
Regulation (EC) No 561/2006
Recital 8 a (new)
Recital 8 a (new)
(8a) (18a) Many road transport operations within the Community involve transport by ferry or by rail for part of the journey. Clear, appropriate provisions regarding rest periods and breaks should therefore be laid down for such operations.
Amendment 263 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) two regular weekly rest periods of at least 45 hours and two reduced weekly rest periods of at least 24 hours., or
Amendment 269 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a (new)
Article 1 – paragraph 1 – point 5 – point a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 6 point b a (new)
Article 8 – paragraph 6 point b a (new)
(b a) In Article 8, paragraph 6, the following point shall be added: "one regular weekly rest period of at least 45 hours and three reduced weekly rest periods of at least 24 hours. For the purposes of points (b) and (b a), the reduced weekly rest periods shall be compensated by an equivalent period of rest taken en bloc before the end of the fourth week."
Amendment 282 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a (new)
Article 1 – paragraph 1 – point 5 – point a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 3 a (new)
Article 8 – paragraph 6 – subparagraph 3 a (new)
6 a. In article 8, paragraph 6, new subparagraph 3 should be added: "(3a) By way of derogation from subparagraph 2 and 3 of Article 8(6), a driver engaged in international goods transport operation, as established in Regulation (EC) 1072/2009 on common rules for access to the international road haulage market, could postpone his weekly rest period up to nine periods of 24 hours after the end of the previous daily rest period, provided that: a) International transport operations should include at least 24 consecutive hours in a Member State that is not the country where the undertaking is established. b) Once the exception is granted, the driver should take a regular weekly rest period within the Member State where the undertaking is established. c) The regular weekly rest period provided in paragraph (b) should be increased by one hour for each period of three hours (or by a fraction) exceeded by the driver in the six 24_hour periods after the end of the previous weekly rest period."
Amendment 290 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 6a – introductory part
Article 8 – paragraph 6a – introductory part
(5 a) In Article 8, introductory part of paragraph 6a shall be replaced by the following: "6a. By way of derogation from paragraph 6, a driver engaged in a single occasional service of international carriage of passengers, as defined in Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, may postpone the weekly rest period for up to 12 consecutive 24-hour periods following a previous regular weekly rest period, provided that: " Or. en (http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32006R0561)
Amendment 292 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 b (new)
Article 1 – paragraph 1 – point 5 b (new)
Regulation (EC) No 561/2006
Article 8 – Paragraph 6a – Point (a)
Article 8 – Paragraph 6a – Point (a)
(a) the serv5 b) Article lasts at least 24 consecutive hours in a Member State or a third country to which this Regulation applies other than the one in which the service started; 8, paragraph 6a point (a) is deleted: "" Or. en (http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32006R0561)
Amendment 293 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a a (new)
Article 1 – paragraph 1 – point 5 – point a a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 6 a a (new)
Article 8 – paragraph 6 a a (new)
(a a) In Article 8, the following paragraph shall be inserted: "6aa. Provided that road safety is not thereby jeopardised, a driver engaged in occasional carriage of passengers, as defined in Regulation (EC) No 1073/2009 of the European Parliament and the of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, may depart from Article8(2) and the second subparagraph of Article 8(6) and postpone, at most twice per week, daily resting time by one hour, provided that the daily rest period taken after making use of the derogation lasts for at least 9 hours."
Amendment 315 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c a (new)
Article 1 – paragraph 1 – point 5 – point c a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b a (new)
Article 8 – paragraph 8 b a (new)
Amendment 360 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at homein the country of establishment of the undertaking within each period of threefour consecutive weeks.;
Amendment 384 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c b (new)
Article 1 – paragraph 1 – point 5 – point c b (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 9 a (new)
Article 8 – paragraph 9 a (new)
(c b) In Article 8, new paragraph 9 a is added: 9a. (a) Member states shall issues an annual report to the European Commission on the availability of suitable rest facilities for drivers and secured parking facilities on their national territory, from the date of entry into force of this Regulation. (b) The European Commission shall, by 31 December 2020 at the latest, present a report to the European Parliament and the Council on the availability of suitable rest facilities for drivers and secured parking facilities. this report shall be updated annually on the basis of information gathered by the European Commission under paragraph (a) and contain a list of proposed measures to increase the number and quality of suitable rest facilities for drivers and secured parking facilities.
Amendment 396 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EC) No 561/2006
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
(6 a) In Article 9, paragraph 2 is inserted: "1a. Such a derogation should be extended to regular weekly rests when the ferry or train journey is 10 hours or more in duration."
Amendment 416 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EC) No 561/2006
Article 13 – paragraph 1 – point p a (new)
Article 13 – paragraph 1 – point p a (new)
(7 a) In Article 13, paragraph 1, the following point is inserted: "(pa) vehicles used for the delivery of off- grid heating fuels operating within a radius of 100 km."
Amendment 424 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 561/2006
Article 14 – Paragraph 2
Article 14 – Paragraph 2
2. In urgent cases Member States may grant, under exceptional circumstances, a temporary exception for a period not exceeding 30 days, which shall be duly justified and notified immediately to the Commission.;
Amendment 485 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) No 165/2014
Article 34 – paragraph 7 – subparagraph 1
Article 34 – paragraph 7 – subparagraph 1
7. The driver shall enter in the digital tachograph the symbols of the countries in which the daily working period started and finished as well as where and when. After crossing a border, the driver shas crossed a border in the vehicle on arrival at the suitable stopping placell stop at the first planned stopping place at the latest, and shall enter in the digital tachograph the symbol of the country. Member States may require drivers of vehicles engaged in transport operations inside their territory to add more detailed geographic specifications to the country symbol, provided that those Member States have notified those detailed geographic specifications to the Commission before 1 April 1998..
Amendment 43 #
2017/0121(COD)
Proposal for a directive
Recital -1 (new)
Recital -1 (new)
(-1) Given the high mobility of workforce in the road transport sector, sector-specific rules are needed to ensure the balance between the freedom to provide cross-border services for operators, the free movement of goods and the social protection of drivers. Therefore, the aim of this directive is to provide legal certainty and clarity, to contribute to the harmonization and fostering of enforcement and to the fight against illegal practices and lower administrative burden.
Amendment 45 #
2017/0121(COD)
Proposal for a directive
Recital 1
Recital 1
(1) In order to create a safe, efficient and socially responsible road transport sector it is necessary to ensure the free movement of goods and the freedom to provide services, adequate working conditions and social protection for drivers, on the one hand, and and to provide a suitable business and fair competition conditionsve environment for operators, on the otherwhile respecting the fundamental freedoms, the free movement of goods and the freedom to provide services in particular as guaranteed by the Treaties.
Amendment 59 #
2017/0121(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Any national rules applied to road transport must be proportionate as well as justified and must not hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty, such as the free movement of goods and the freedom to provide services in order to maintain or even increase the competitiveness of the Union, including the costs of products and services by respecting the working conditions and social protection for drivers as well as respecting the specificities of the sector since drivers are highly mobile workers, not posted workers.
Amendment 62 #
2017/0121(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The balance between enhancing social and working conditions for drivers and facilitatsuring the exercise of the freedom to provide road transport services based on fairnon- discriminatory competition between national and foreign operators isas enshrined in the Treaty and social and working conditions for drivers are crucial for the smooth functioning of the internal market.
Amendment 74 #
2017/0121(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Having in mind the specific character of transport services and the direct impact on the free movement of goods, with special focus on road safety and security, roadside checks should be limited to the minimum. Drivers should not be liable for additional administrative obligations of their respective companies. Rules on working time should be controlled at the premises of the transport operator only.
Amendment 92 #
2017/0121(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Member States on the periphery face greater difficulties in attempting to reach the core of the Union internal market. It may be necessary to cross one or even two non-EU countries, with all the necessary border and customs checks, which results in increased total travelling time and consequently increased cost. Ireland may face even greater difficulties of this kind when the United Kingdom leaves the Union.
Amendment 123 #
2017/0121(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link of a driver with a territory of a host Member State. Therefore, a time threshold should be established, beyond which the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in case of international transport operations. This time threshold should not apply to cabotageransit and international transport operations as defined by Regulations (EC) No 1072/200918 and 1073/200919 since the entire transport operation is taking place in a host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driverhould not be subject to Directive 96/71/EC and Directive 2014/67/EU as companies cannot exercise the free movement of goods in other way than crossing borders of Member States, and therefore there is no direct competition with national companies in the case of transit and international transport operations and there is a clear link of the driver to the Member State of establishment of the company. _________________ 18 Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 19 Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88)
Amendment 136 #
2017/0121(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure effective and efficient enforcement of the sector-specific rules on posting of workers and to avoid disproportionate administrative burdens for non-resident operators sector, specific and drivers, as highly mobile workers, a dedicated public interface of the Internal Market Information System (IMI), established by Regulation (EU) No 1024/2012 should be used for exchange of information between Member States, while operators of transport companies should also be able to submit and update all relevant documents, including the declaration, to the IMI system. Standardized forms of documents together with specific non- burdensome administrative and control requirements should also be established in the road transport sector, taking full advantage of control tools such as the digital tachograph.
Amendment 166 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
These checks shall cover each year a large and representative cross-section of mobile workers, drivers, undertakings and vehicles falling, where relevant and justified, within the scope of Regulations (EC) No 561/2006 and (EU) No 165/2014 and of mobile workers and drivers falling withing the scope of Directive 2002/15/EC.; Checks of compliance with the provisions of Directive 2002/15/EC shall be carried out solely at the premises of undertakings or digitally, via the IMI system."
Amendment 175 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c
Article 1 – paragraph 1 – point 3 – point c
Directive 2006/22/EC
Article 2 – paragraph 4
Article 2 – paragraph 4
4. The information submitted to the Commission in accordance with Article 17 of Regulation (EC) No 561/2006 shall include the number of drivers checked at the roadside, the number of checks at the premises of undertakings, the number of working days checked at the premises and the number and type of infringements reported, together with a record of whether passengers or goods were transported.
Amendment 181 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2006/22/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Checks at premises shall be planned in the light of past alleged experience of non-compliant practices in relation to the various types of transport and undertakings. They shall also be carried out if serious infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014 or Directive 2002/15/EC have been detected at the roadside.. Checks of weekly working times as set out in Directive 2002/15/EC shall be carried out only at the premises or digitally, via the IMI system ";
Amendment 200 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b a (new)
Article 1 – paragraph 1 – point 6 – point b a (new)
Directive 2006/22/EC
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 240 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2006/22/EC
Annex I – Part A – point 6
Annex I – Part A – point 6
Amendment 249 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Article establishes sector- specific rules and derogations as regards certain aspects of Directive 96/71/EC relating to the posting of drivers in the road transport sector and of Directive 2014/67/EU of the European Parliament and of the Council relating to administrative requirements and control measures for the posting of those drivers.
Amendment 276 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply Directive 96 /71/EC or Directive 2014/67/EU to transit and international transport operations as defined by Regulations (EC) No 1072/2009 and 1073/2009. Member States shall apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performing international carriage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar monthcabotage operations, beyond the time threshold set in Article 8(2) of the revised Regulation (EC) No 1072/2009.
Amendment 300 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 322 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2 a (new)
Article 2 – paragraph 2 – subparagraph 2 a (new)
Directive 96/71/EC shall not apply to drivers engaged in road passenger transport activities, within the meaning of Regulation (EC) No 1071/2009. Member States may however decide to apply Directive 96/71/EC to drivers engaged in cabotage operations in the framework of an occasional service, within the meaning of Regulation (EC) No 1073/2009, under the cumulative conditions that: – the cabotage operation is not preceded by an incoming international transport operation nor followed by an outgoing international transport operation. – the passenger transport operator and the group of passengers are not established nor do they reside in the same country.
Amendment 338 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 389 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. By derogation to Article 1* of ... [2016/0070 (COD)], transport operations falling under the scope of this Directive shall not be subject to rules on long-term posting. _________________ * Due to the ongoing revision of the Directive 96/71/EC, concrete article number might need further alignment.
Amendment 391 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 b (new)
Article 2 – paragraph 3 b (new)
3b. By derogation to Article 1* of ... [2016/0070 (COD)], transport operations falling under the scope of this Directive shall be excluded from the non- universally applicable collective agreements. _________________ * Due to the ongoing revision of the Directive 96/71/EC, concrete article number might need further alignment.
Amendment 412 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – introductory part
Article 2 – paragraph 4 – point a – introductory part
(a) an obligation for the road transport operator established in another Member State to send a posting declaration to the national competent authorities at the latest at the commencement of the posting, in electronic formubmit a declaration to the Internal Market Information (IMI) system or to send it to the national competent authorities at the latest at the commencement of the operation, in standardized electronic form, developed and made available by the Commission, in any official language of the host Member State or in EnglishEuropean Union, containing only the following information:
Amendment 447 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – point iv
Article 2 – paragraph 4 – point a – point iv
(iv) the anticipated duration, envisaged beginning and end date of the posting;
Amendment 495 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
Amendment 515 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
Amendment 527 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point f
Article 2 – paragraph 4 – point f
(f) an obligation for the road transport operator to deliver, after the period of posting, in paper or electronic form, copies of documents referred to in points (b), (c) and (ec), at the request of the competent authorities of the host Member State where the operator is established within a reasonable period of time;
Amendment 555 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
5. For the purposes of point (a) of paragraph 4 the road transport operator may provide a posting declaration covering a period of a maximum of six months. Checks and controls of employment contract or an equivalent document and payslips shall be carried out only at the premises or digitaly, via the IMI system.
Amendment 584 #
2017/0121(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by […] [The time limit for transposition will be as short as possible and, generally, will not exceed two years] at the latest... [three years from the entry into force of this Directive], the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 587 #
2017/0121(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
The transport sector, due to its recognised highly mobile nature, is exempt from the measures deriving from the legislative act amending Directive 96/71/EC until this Directive shall become applicable..
Amendment 28 #
2017/0116(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) This Regulation should apply only after the dispute resolution procedures that are contained within air transport or air services agreements to which the Union is a party, or those that have been concluded between a Member State and a third country, have been exhausted.
Amendment 50 #
2017/0116(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Effective, proportionate and dissuasive legislation remains necessary in order to maintain conditions conducive to a high level of Union connectivity and to ensure fair competition with third countries air carriers. To that end, the Commission should be entrusted with the power to conduct an investigation and to take measures where necessary. Such measures should be available either where relevant obligations under an agreement to which the Union is a party are violated, or where practices affecting competition cause or threaten to cause injury to Union air carriers.
Amendment 58 #
2017/0116(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Where the investigation conducted by the Commission concerns operations covered by an air transport or air services agreement with a third country to which the Union is not a party, it should be ensured that the Commission acts in full knowledge of any proceedings intended or conducted by the Member State concerned under such agreement and pertaining to the situation subject to the Commission’s investigation after dispute settlement procedures foreseen in international agreements have been exhausted and the outcome of the procedures has not been complied with by the third country or third country entity. Member States should therefore be obliged to keep the Commission informed accordingly.
Amendment 66 #
2017/0116(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Proceedings should not be initiated or should be concluded without redressive measures under this Regulation where the adoption of the latter would be against the Union interest, having regard to their impact on other persons, notably consumers or undertakings in the Unwhich is based on a thorough assessment, explicitly prioritising the interests of consumers and the Member States, particularly those Member states which might see their connectivity impacted as a result of any such intervention. Proceedings should also be concluded without measures where the requirements for such measures are not, or no longer met.
Amendment 73 #
2017/0116(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Findings in respect of injury or threat of injury to the Union air carrier(s) concerned should reflect a realistic assessment of the situation and should therefore be based on all relevant factors, in particular pertaining to the situation of those carrier(s) and to the general situation of the affected air transport market.
Amendment 75 #
2017/0116(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) For reasons of administrative efficiency and in view of a possible termination without measures, it should be possible to suspend the proceedings where the third country or third country entity concerned has taken decisive steps to eliminate the relevant practice affecting competition or the ensuing injury or threat of injury.
Amendment 78 #
2017/0116(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Redressive measures in respect of practices affecting competition are aimed at offsetting the injury that occurs or is threating to occur due to those practices. They should therefore take the form of financial duties or of other measures, with the explicit exception of traffic rights and slots, which, representing a measurable pecuniary value, are capable of achieving the same effect. This may include measures consisting in the suspension of concessions, of services owed or of other rights of the third country air carrier, provided that this doesMeasures should not lead to a violation of an air transport or air services agreement concluded with the third country concerned. In order to comply with the principle of proportionality, measures of any kind should be confined to what is necessary to offset the injury or threat of injury identified.
Amendment 79 #
2017/0116(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Redressive measures in respect of practices affecting competition are aimed at offsetting the injury that occurs or is threating to occur due to those practices. They should therefore take the form of financial duties or of other measures which, representing a measurable pecuniary value, are capable of achieving the same effect. This may include measures consisting in the suspension of concessions, of services owed or of other rights of the third country air carrier, provided that this does not lead to a violation of an air transport or air services agreement concluded with the third country concerned. In order to comply with the principle of proportionality, measures of any kind should be confined to what is necessary to offset the injury or threat of injury identified.
Amendment 81 #
2017/0116(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In line with the same principle, redressive measures in respect of practices affecting competition should remain in force only as long as, and to the extent that, it is necessary in view of such practice and the ensuing injury or threat of injury. Consequently, a review should be provided for where circumstances so warrant.
Amendment 87 #
2017/0116(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Since the objective of this Regulation, namely the efficient protection, equal for all Union carriers and based on uniform criteria and procedures, against violation of applicable international obligations and against injury or threat of injury to one or more Union air carriers caused by practices affecting competition, adopted by third countries or third country entities cannot be sufficiently achieved by the Member States, but can rather 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 the 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 those objectives.
Amendment 95 #
2017/0116(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules on the conduct of investigations by the Commission and on the adoption of redressive measures, relating to violation of applicable international obligations and to practices affecting competition between Union air carriers and other air carriers and causing or threatening to cause injury to Union air carriers.
Amendment 98 #
2017/0116(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a Scope 1. This regulation shall apply to air transport services that are currently operated, or will be operated, between a Member State and a third country on a non-stop city-pair route. 2. This Regulation shall apply only after the dispute resolution procedures that are contained within air transport or air services agreements to which the Union is a party, or those that have been concluded between a Member State and a third country, have been exhausted.
Amendment 108 #
2017/0116(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) 'practices affecting competition' means practice by air carrier within the meaning of Article 101 or 102 of the Treaty on the Functioning of the European Union, discrimination and subsidies;
Amendment 123 #
2017/0116(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – point i
Article 3 – paragraph 1 – point b – point i
(i) a practice affecdistorting competition, adopted by a third country or a third country entity;
Amendment 126 #
2017/0116(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – point ii
Article 3 – paragraph 1 – point b – point ii
(ii) injury or threat of injury to one or more Union air carriers;
Amendment 128 #
2017/0116(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – point iii
Article 3 – paragraph 1 – point b – point iii
(iii) a causal link between the alleged practice and the alleged injury or threat of injury.
Amendment 135 #
2017/0116(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The Commission shall, as far as possible, fully examine the accuracy and adequacy of the elements provided in the complaint or at the disposal of the Commission in a timely manner, in order to determine whether there is sufficient evidence to justify the initiation of an investigation in accordance with paragraph 1.
Amendment 139 #
2017/0116(COD)
4. The Commission may decide not to initiate an investigation where the adoption of measures in accordance with Articles 10 or 13 would be against the Union interest or where the Commission considers that the facts put forward in the complaint neither raise a systemic issue, nor have a significant impact on one or more Union air carriers. When assessing the Union interest the Commission shall consult the European Parliament and give due consideration to the common view of the majority of the Member States and interested parties.
Amendment 145 #
2017/0116(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission may decide not to shall not initiate an investigation where the adoption of measures in accordance with Articles 10 or 13 would be against the Union interest or where the Commission considers that the facts put forward in the complaint neither raise a systemic issue, nor have a significant impact on one or more Union air carriers.
Amendment 157 #
2017/0116(COD)
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. The Commission shall decide on thewhether to initiation ofe an investigation in accordance with paragraph 1 within 6 months of the lodging of the complaint.
Amendment 161 #
2017/0116(COD)
Proposal for a regulation
Article 3 – paragraph 7 – point b
Article 3 – paragraph 7 – point b
(b) publish a notice in the Official Journal of the European Union; the notice shall announce the initiation of the investigation, indicate the scope of the investigation, the applicable international obligations that are allegedly violated or the third country or third country entity who has allegedly been engaged in practices affecting competition and the alleged injury or threat of injury, the Union air carrier(s) concerned and state the period within which interested parties may make themselves known, present their views in writing, submit information or may apply to be heard by the Commission. This period shall not be shorter than 30 days.
Amendment 164 #
2017/0116(COD)
Proposal for a regulation
Article 3 – paragraph 7 – point b
Article 3 – paragraph 7 – point b
(b) publish a notice in the Official Journal of the European Union; the notice shall announce the initiation of the investigation, indicate the scope of the investigation, the applicable international obligations that are allegedly violated or the third country or third country entity who has allegedly been engaged in practices affecting competition and the alleged injury or threat of injury, the Union air carrier(s) concerned and state the period within which interested parties may make themselves known, present their views in writing, submit information or may apply to be heard by the Commission.
Amendment 167 #
2017/0116(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Determining the Union Interest 1. A determination as to whether the Unions interest calls for an intervention will be based on a thorough appreciation of all of the various interests and affected stakeholders that are relevant and that shall be taken as a whole, explicitly prioritising the interests of consumers and the Member States, particularly those Member states which might see their connectivity impacted as a result of any such intervention. 2. Any test or process to determine the union interest shall constitute a detailed questionnaire for all interests, affected stakeholders, and an economic analysis by the Commission. Elements assessed will include those elements set out in Article 11(1). In such an analysis, the need to eliminate the practices distorting competition or those which violate applicable international obligations shall be given special consideration to ensure consistency with other Union policies in the field of aviation, competition and the environment. 3. A determination pursuant to this Article in application of Articles 10 and 12 shall only be made where interested parties have been given the opportunity and sufficient time to make their views known pursuant to Article 4(6). 4. In determining the Union interest in accordance with paragraph 2, the Commission shall examine the information provided by the interested parties which have made themselves known, have presented their views in writing, submitted information, or applied to be heard by the Commission in accordance with point (b), paragraph 7 of Article 3. 5. The interested parties which have made themselves known, presented their views in writing, submitted information, or applied to be heard by the Commission in accordance with point (b), paragraph 7 of Article 3 may request that the fact and considerations on which decisions are likely to be taken be made available to them. Such information shall be made available to the extent possible and in accordance with Article 6, and without prejudice to any subsequent decision taken by the Commission. 6. Information shall be taken into account only where it is supported by actual evidence which substantiates its validity.
Amendment 169 #
2017/0116(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Following the initiation of proceedings and after the dispute settlement procedure foreseen in international agreements has been exhausted and the outcome of the procedure has not been complied with by the third country or third country entity, the Commission shall begin an investigation.
Amendment 173 #
2017/0116(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) whether a practice affecting competition, adopted by a third country or a third country entity, has caused injury or threat of injury to the Union air carrier(s) concerned.
Amendment 174 #
2017/0116(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) whether a practice affecdistorting competition, adopted by a third country or a third country entity, has caused injury or threat of injury to the Union air carrier(s) concerned.
Amendment 175 #
2017/0116(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission mayshall seek all the information it deems necessary to conduct the investigation and mayshall verify the accuracy of the information it has received or collected with the Union air carrier(s) concerned, or with the third country or third country entity concerned.
Amendment 190 #
2017/0116(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
In cases where access to the necessary information is refused or is otherwise not provided within the appropriate time limits, or where the investigation is significantly impeded, findings shall be made on the basis of the available factsevidence provided in accordance with Article 3. Where the Commission finds that false or misleading information has been submitted, such information shall be disregarded.
Amendment 195 #
2017/0116(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The proceedings shall be concluded within two years. That period may be prolonged by an additional three months in duly justified cases.
Amendment 201 #
2017/0116(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The proceedings shall be concluded within twoone years. That period may be prolonged in duly justified cases.
Amendment 209 #
2017/0116(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. In case of urgency, such as in situations where there is a risk of immediate and irreversible injury to Union air carrier(s), the proceedings may be shortened to onine yearmonths.
Amendment 218 #
2017/0116(COD)
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. The Commission mayshall suspend the proceedings where the third country or the third country entity concerned has taken decisive steps to eliminate, as the case may be:
Amendment 219 #
2017/0116(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
(b) in case of practice affecting competition, either that practice or the injury or threat of injury to the Union air carrier(s) concerned.
Amendment 224 #
2017/0116(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If the violation of applicable international obligations or the practice affecting competition, the injury or the threat of injury to the Union air carrier(s) concerned has not been eliminated following a reasonable period of time, the Commission may resume the proceedings.
Amendment 228 #
2017/0116(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Where the complaint is withdrawn, the Commission mayshall terminate the investigation conducted under Article 4 without adopting redressive measures.
Amendment 233 #
2017/0116(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1
Article 10 – paragraph 3 – subparagraph 1
Without prejudice to the relevant provisions of the Treaty on the Functioning of the European Union and subject to paragraphs 1 and 2, the Commission, after consultation with the Council and the Parliament, shall, by means of implementing acts, adopt redressive measures if the investigation determines that the applicable international obligations have been violated and that any such violation has caused proven injury to one or more Union carriers.
Amendment 243 #
2017/0116(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 249 #
2017/0116(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Injury or threat of injury caused by factors other than the practice affecting competition and which are also negatively affecting the Union air carrier(s) concerned shall not be attributed to the practice under scrutiny.
Amendment 252 #
2017/0116(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Commission mayshall terminate the investigation without adopting redressive measures where the complaint is withdrawn.
Amendment 255 #
2017/0116(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a – point ii
Article 12 – paragraph 2 – subparagraph 1 – point a – point ii
(ii) the existence of injury or threat of injury to the Union air carrier(s) concerned;
Amendment 259 #
2017/0116(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a – point iii
Article 12 – paragraph 2 – subparagraph 1 – point a – point iii
(iii) the existence of a causal link between the injury or threat of injury and the practice considered;
Amendment 261 #
2017/0116(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point d
Article 12 – paragraph 2 – subparagraph 1 – point d
(d) the third country or third country entity concerned has eliminated the injury or threat of injury to the Union air carrier(s) concerned.
Amendment 267 #
2017/0116(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
Without prejudice to Article 12(1) and except in the case referred to in point (b) of Article 12(2) the Commission shall, after consultation with the Council and the Parliament, by means of implementing acts, adopt redressive measures if the investigation conducted under Article 4 determines that a practice affecting competition, adopted by a third country or a third country entity, has caused injury or threat of injury to the Union air carrier(s) concerned.
Amendment 270 #
2017/0116(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
Without prejudice to Article 12(1) and except in the case referred to in point (b), (c) and (d) of Article 12(2) the Commission shall, by means of implementing acts, adopt redressive measures if the investigation conducted under Article 4 determines that a practice affecting competition, adopted by a third country or a third country entity, has caused injury or threat of injury to the Union air carrier(s) concerned.
Amendment 272 #
2017/0116(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
Without prejudice to Article 12(1) and except in the case referred to in point (b) of Article 12(2) the Commission shall, by means of implementing acts, adopt redressive measures if the investigation conducted under Article 4 determines that a practice affecting competition, adopted by a third country or a third country entity, has caused injury or threat of injury to the Union air carrier(s) concerned.
Amendment 276 #
2017/0116(COD)
(b) any measure of equivalent or lesser value, except slots and traffic rights.
Amendment 281 #
2017/0116(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The redressive measures referred to in paragraph 1 shall not exceed what is necessary to offset the injury or threat of injury to the Union air carrier(s) concerned. To this effect measures referred to in point (b) of paragraph 2 may be limited to a specific geographic area.
Amendment 284 #
2017/0116(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The redressive measures referred to in paragraph 1 shall not direct the Union or the Member State(s) concerned to violating air transport, air services agreements or any provision on air transport services included in a trade agreement concluded with the third country concerned.
Amendment 292 #
2017/0116(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The redressive measures referred to in Article 13 shall remain in force only as long as, and to the extent that, it is necessary in view of, the persistence of the practice affecting competition and the ensuing injury or threat of injury. To this end, the review procedure set out in paragraphs 2, 3 and 4 shall apply.
Amendment 293 #
2017/0116(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where circumstances so warrant, the need for the continued imposition of redressive measures in their initial form may be reviewed, either on the initiative of the Commission or from a relevant Member State, or of the complainant or upon a reasoned request by the third country or the third country entity concerned.
Amendment 296 #
2017/0116(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In the course of its review, the Commission shall assess the continued existence of the practice affecting competition, of the injury or threat of injury and of the causal link between the practice and the injury or threat of injury.
Amendment 33 #
2017/0102(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The State of the Union address of 14 September 201617 emphasized the need to invest in young people and announced the establishment of a European Solidarity Corps with a view to creating opportunities for young people across the Union to make a meaningful contribution to society, show solidarity and develop their skills, thus getting not only workpractical experience in community-based activities but also invaluable human experience. __________________ 17 The State of the Union 2016: Towards a Better Europe – A Europe that Protects, Empowers and Defends, IP/16/3042 (http://europa.eu/rapid/press-release_IP-16- 3042_en.htm).
Amendment 41 #
2017/0102(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Young people should be provided with easily accessible opportunities to engage in solidarity activities, which couldwill enable them to express their commitment to the benefit of communities while in parallel acquiring useful experience, skills and competences for their personal, educational, social, civic and professional development, thereby improving their employabilityskills which they can go on to apply in an employment setting. Those activities would also support the mobility of young volunteers, trainees and workers.
Amendment 70 #
2017/0102(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Voluntary activities constitute a rich experience in a non-formal and informal learning context which enhances young people's personal, socio-educational and professional development, active citizenship and employability. Voluntary activities should not have an adverse effect on potential or existing paid employment, nor should they ever be seen as a substitute for it. For this reason, volunteering activities should be limited to participating public bodies and organisations in the not-for-profit sector. For-profit organisations should have an opportunity to take part through partnerships with these organisations, however there should be a quality framework and strict guidelines in place to ensure there is no prospect of for-profit businesses gaining financially through branding or other commercial or publicity opportunities that may arise in the course of such a volunteering partnership. In order to ensure continuity with respect to the volunteering activities that are supported at Union level, the volunteering activities under the European Voluntary Service that fall within the geographical scope of the European Solidarity Corps should be supported by the latter in the form of cross- border volunteering placements. The other volunteering activities under the European Voluntary Service that do not fall under the geographical scope of the European Solidarity Corps should continue to be supported under the Programme established by Regulation (EU) No 1288/2013 of the European Parliament and of the Council establishing 'Erasmus+': the Union programme for education, training, youth and sport20 . With respect to the interpretation of related legislation at Union level, both the cross-border volunteering placements under the European Solidarity Corps and the volunteering activities that continue to be supported under Regulation (EU) No 1288/2013 should be considered equivalent to those carried out under the European Voluntary Service. __________________ 20 Regulation (EU) No 1288/2013 of the European Parliament and of the Council of 11 December 2013 establishing 'Erasmus+': the Union programme for education, training, youth and sport and repealing Decisions No 1719/2006/EC, No 1720/2006/EC and No 1298/2008/EC, OJ L 347, 20.12.2013, p. 50.
Amendment 79 #
2017/0102(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Traineeships and jobs in solidarity- related areas can offer additional opportunities for young people to make a start on the labour market while contributing to addressing key societal challenges. TAlthough this can help foster the employability skills and productivity of young people while easing their transition from education to employment, which is key to enhancing their chances on the labour marketareer prospects, it should never lead to job substitution. The traineeship placements offered under the European Solidarity Corps should be remunerated by the participating organisation and follow the quality principles outlined in the Council Recommendation on establishing a Quality Framework for Traineeships of 10 March 201421 . The traineeships and jobs offered should constitute a stepping stone for young people to enter the labour market and should therefore be accompanied by a written agreement which should outline all rights and obligations under national law and adequate post-placement support. The traineeship and job placements should be facilitated by relevant labour market actors, in particular public and private employment services, social partners and Chambers of Commerce. As participating organisations, they should be able to apply for funding via the competent implementing structure of the European Solidarity Corps in view of intermediating between the young participants and employers offering traineeship and job placements in solidarity sectors. __________________ 21 Council Recommendation of 10 March 2014 on a Quality Framework for Traineeships, OJ C 88, 27.3.2014, p. 1.
Amendment 101 #
2017/0102(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) A quality label and monitoring framework should be put in place as a priority to ensure compliance of the participating organisations with the principles and requirements of the European Solidarity Corps Charter, as regards their rights and responsibilities during all stages of the solidarity experience. A list of excluded activities should be established, prohibiting actions that are potentially harmful to volunteers and society such as volunteering in residential institutions for children. Obtaining a quality label should be a precondition for participation but should not automatically lead to funding under the European Solidarity Corps.
Amendment 152 #
2017/0102(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) “disadvantaged young people” means individuals who need additional support because of disability, educational difficulties, economic obstacles, cultural differences, physical or mental health problems, social obstacles, geographical obstacles;
Amendment 198 #
2017/0102(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The objective of the European Solidarity Corps is to enhance the engagement of young people and organisations in accessible and high quality solidarity activities as a means to contribute to strengthening cohesion and solidarity in Europe, supporting communities and responding to societal challenges. Its core objective should always be volunteering.
Amendment 236 #
2017/0102(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Commission, in cooperation with the participating countries, shall regularlyput a monitoring and evaluation framework in place as a priority and use this to monitor the performance of the European Solidarity Corps towards achieving its objectives.
Amendment 43 #
2016/2327(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the shift towards low- emission mobility offers major opportunities for car, railway, maritime and aeronautics manufacturers, suppliers and for innovative energy and service providers; stresses that support for new technologies and business models encouraging innovative partnerships between large companies, SMEs and start-ups is needed;
Amendment 47 #
2016/2327(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the shift towards low- emission mobility offers major opportunities for carall vehicle manufacturers, suppliers and for innovative energy and service providers, particularly SME´s;
Amendment 83 #
2016/2327(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to introduce and improve CO2 standards for all road transport as a matter of urgency; points out that cost-effective vehicle standards probably represent the most effectivone of the measures needed for improving energy efficiency in the EU in the period up to 2030; stresses that ITS, digitalisation and optimisation contribute to better efficiency in transport;
Amendment 101 #
2016/2327(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to review the EU approach to aviation connectivity; stresses that connectivity should focus on connecting remote and disadvantaged regions of the Union; underscores that this should be combined with investments in greelow-emission alternatives such as cross-border (night) trains;
Amendment 105 #
2016/2327(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Points out that the implementation of the Single European Sky would contribute to a 10% reduction in emissions; therefore urges Member States to expedite the implementation of the Single European Sky;
Amendment 131 #
2016/2327(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the Commission’s efforts at developing standards for inter- operable electronic tolling systems in the EU for those Member States using the tolling systems and the forthcoming revision of the Eurovignette Directive, which should include distance-based charging and differentiation on the basis of carbon dioxide emissions; calls for the extension of distance-based charging to cover all passenger cars and vans, and for the principle to be extended to urban areas;
Amendment 147 #
2016/2327(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that in case kerosene taxation needs to be introduced for aviation, which represents the mode furthest away from internalising its external costs; calls, furthermore, for the removal of the VAT exemption on air passenger tickets; encourages Member States to introduce or retain flight ticket taxes and/or levies in the interimit should be introduced globally through the International Civil Aviation Organisation in order to avoid weakening the competitive position of the European airlines;
Amendment 167 #
2016/2327(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that autonomous vehicles can be an important asset in improving the efficiency of road, rail, maritime and air transport; insists, however, that autonomous vehicles should be electric, shared,low- emission vehicles and include smart measures to mitigate increasing use;
Amendment 173 #
2016/2327(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Acknowledges that connected car technology will not only improve road safety but also has significant environmental implications and notes the dense network infrastructure required to guarantee high capacity and low latency needs for a 5G network to make best use the possibilities for connected and autonomous vehicles to improve mobility in the urban environment; recognises that in-line with the wider process of digitization across European industry, many companies will have to underpin their transformation strategy with mobility, affording significant opportunities for SME´s and start-ups in the transport sector and this should be supported;
Amendment 194 #
2016/2327(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Considers that better transport planning and better use of digitalisation are important measures for improving efficiency;
Amendment 223 #
2016/2327(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that an obligation for fuel suppliers to reduce the greenhouse gas (GHG) emissions of energy supplied through renewable electricity, sustainable advanced biofuels or synthetic fuels would be the most effective approach for reducing the climate impact of road transport;
Amendment 233 #
2016/2327(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Urges that specific incentives need to be in place for the deployment of sustainable alternative fuels to those transport modes that currently have no alternatives to liquid fuel; such incentives should be reflected in the new Renewable Energy Directive as well as in Integrated National Energy and Climate Plans, as foreseen in the proposed Regulation on Governance of the Energy Union;
Amendment 256 #
2016/2327(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. UrgStresses the Commission and the Member States to limittake into account the contribution to climate action as well as prioritise initiatives related to Intelligent Transport Systems when granting the financing from European Fund for Strategic Investments (EFSI), Trans- European Transport network (TEN-T), Connecting Europe Facility (CEF) and Multiannual Financial Framework (MFF) financing to initiatives that contribute to climate action;
Amendment 277 #
2016/2327(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses that low-emission transport should be supported by research programmes to allow continued investment in green and innovative technology and operational improvements;
Amendment 288 #
2016/2327(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Encourages cities to include GHG targets into their Sustainable Urban Mobility Plans (SUMPs) and calls forencourages the Commission to link EU co-financsupport new innovations ing of urban projectrder to help cities to achievinge such targets;
Amendment 363 #
2016/2327(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Reminds the Commission that the European road transport sector is a major contributor to European growth and jobs and that it is important that the sector remains competitive; recalls the fact that the USA, Japan, Canada and China have all introduced truck C02 standards and notes the importance of Europe not falling behind and pursuing technological leadership in order to safeguard the future competitiveness of road passenger and freight transport, for example.
Amendment 375 #
2016/2327(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Stresses the fact that it is important to create the right conditions to stimulate low emission alternative energy for transport and notes that this can be facilitated by ensuring that industry has a clear and long-term framework on which to base investment concerning the decarbonisation of fuels and other new technologies; calls on the Commission to consider undertaking a feasibility study on the potential solutions on offer, on which to base a low carbon strategy for road freight transport;
Amendment 380 #
2016/2327(INI)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25c. Highlights the fact that a review of the General Safety Regulation can deliver significant gains for both road safety and the environment; calls on the Commission to make a proposal before the end of the year that incorporates the introduction of intelligent speed assistance for all vehicles, better tyre pressure monitoring systems and safer, more aerodynamic truck designs with improved direct vision.
Amendment 382 #
2016/2327(INI)
Motion for a resolution
Paragraph 25 d (new)
Paragraph 25 d (new)
25d. Takes note of the fact that up to 30% of Europeans who live in cities are exposed to air pollutant levels that exceed EU air quality standards; Recalls that in its Low Emission Mobility Strategy, the Commission expressed an interest in exploring a zero-emission target for city- buses, asks the Commission to consider undertaking a feasibility study or consultation on a zero-emissions vehicle (ZEV) mandate for city buses in the EU.
Amendment 384 #
2016/2327(INI)
Motion for a resolution
Paragraph 25 e (new)
Paragraph 25 e (new)
25e. Takes note that there are many new technologies and innovations in existing technologies that can have significant environmental benefits, such as better tires, improved lubricants, more efficient transmission and hybrid engines, and that Europe should look to be technological leaders in this regard; calls on the Commission to investigate the role of such technologies in improving both efficiency and environmental performance;
Amendment 411 #
2016/2327(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Asks the Commission to improve aviation efficiency, including by means of the proposal on landing fees and CO2 standards beyond those enshrinEuropean Aviation Safety Agency to implement the CO2 standard adopted inby the International Civil Aviation Organisation (ICAO) agreement, and Member States to implement the Single European Sky in order to improve aviation efficiency; considers it important that CO2 standards are global standards;
Amendment 432 #
2016/2327(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Considers that the EU should fully implement the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) through the Union Emissions Trading System (ETS), while allowing for 50 % of the journeys to be excluded, provided that the destination is implementing CORSIA through national measures; proposes that the EU ETS should be retained for flights within the European Economic Area (EEA);
Amendment 444 #
2016/2327(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Calls for the Commission to look for new ways of supporting the deployment of renewable aviation fuels in order to reduce the GHG emissions in aviation;
Amendment 463 #
2016/2327(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Asks the Commission to support clean technologies that contribute to emissions reduction, such as liquified natural gas (LNG); considers LNG as the most feasible solution in the short and medium term to reduce emissions in maritime sector; calls on the Commission to incentivise the transition and improve the availability of LNG in European ports;
Amendment 8 #
2016/2305(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Agrees thaPoints out that in order to remain competitive, the European transport sector will have to quickly adapt to new challenges presented by globalisation, changing mobility patterns, digitalisation and increasing consumer expectations; agrees that the swift deployment of 5G networks is a necessary condition for the development of existing and new, new and innovative business models in the transport sector; underlines that the effective use of the potential of very high-capacity internet networks is key to the process of digitisation of transport services and the widincreasing the use of innovative means of transport for people and goods, such as the use of increasingly connected and autonomous vehicles or drones;
Amendment 21 #
2016/2305(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that progress in theCalls on the Member States to consider the 5G Action Plan as a guide towards realising the Electronic Communications Code (ECC), particularly concerning cooperation in spectrum management and further investment in network infrastructure; stresses that any significant progress towards building of thea European Gigabit Society can only be made with appropriately high levels of investment in network infrastructure in all of the Member States; doubts whether financing models based only or primarily on investment funds will help fill existing gaps in the level of development of network infrastructure, and even out differenceaddress variations in the availability of high-capacity internet connections in border and outlying areas, as well as in non-urban area, rural and isolated regions;
Amendment 32 #
2016/2305(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recognises that 5G networks will require dense network infrastructure to guarantee high capacity and low latency needs; Notes that improved spectral efficiency could be facilitated by streamlining existing administrative processes and promoting cooperation amongst public authorities for the deployment of small cells and improving access to suitable sites for deployment;
Amendment 47 #
2016/2305(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. NAcknowledges the dense network infrastructure required to guarantee high capacity and low latency needs for a 5G network; notes the benefits of combining projects and plans to build new network infrastructure in the 5G standard with the already planned construction and modernisation of road and rail routes within the EU in addition to urban infrastructure projects, given, for example, the possibilities for connected and autonomous vehicles in improving mobility in the urban environment; agrees that such rational combining of construction works will help to save resources and speed up the buildingconstruction and provision of the necessary high-speed infrastructure;
Amendment 54 #
2016/2305(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Agrees with the key objectives of promoting internet connectivity for growth, competitiveness and cohesion; notes the value of pursuing a mixed technology approach which can serve to maximise the scope for innovation, infrastructure competition and cost reduction in emerging transport technologies and infrastructure;
Amendment 69 #
2016/2305(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Emphasises that the high speed and quality of internet connectivity is key toessential for the development of Cooperative Intelligent Transport Systems (C-ITS) technologies; points out that the development of such systems will help foster the process of digitiszation and automation of transport, which will in turn leading to improvements in safety, efficiency and environmental performance.; recognizes that, in line with the wider process of digitization across European industry, many companies will have to underpin their transformation strategies with mobility, affording significant opportunities for SME´s and start-ups in the transport sector, a development which should be supported;
Amendment 74 #
2016/2305(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Emphasises that the high speed and quality of internet connectivity is key to the development of Cooperative Intelligent Transport Systems (C-ITS) technologies; points out that the development of such systems will foster the process of digitisation and automation of transport, which will in turn lead to improvements in safety, efficiency, accessibility and environmental performance.;
Amendment 26 #
2016/2274(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that innovation in the transport sector provides enormous opportunities for EU businesses and insists on the need to develop new standards and uphold standardisation in order to ensure the proper implementation of EU initiatives in the field of digitalisation; calls on the Commission to adopt a single point of access to standards to ensure easy access to information and assistance on harmonised standards;
Amendment 35 #
2016/2274(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that ICT standardisation will be beneficial for the development of transport and tourism-related services; calls on the Commission to attach greater importance to this development when implementing its priority action plan for ICT standardisation, and to take swift action to promote the development of integrated and smart ticketing and new mobility concepts such as Mobility-as-a- Service; reminds the Commission, moreover, to take into account the convergence of general and ICT standardisation;
Amendment 43 #
2016/2274(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines that, due to the international nature of transport, the development of international standards is indispensable both to ensure interoperability and to broaden market opportunities for the EU industries; calls on the Commission to support the presence of European stakeholders in the international standardisation organisations and actively continue promoting the development of European standards at international fora;
Amendment 54 #
2016/2274(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. EStresses the importance of open standardisation processes; encourages the Commission and the European Standardisation Organisations (ESOs) to further promote ‘open standards’ as a pillar of the Single European Transport Area architecture.
Amendment 33 #
2016/2221(INI)
Motion for a resolution
Recital A
Recital A
A. whereas non-standard, atypicalew forms of employment have been emerging, whereby the number of workers with – often involuntary – fixed termed and part- time contracts has increased considerably in the EU over the past 15 years; whereas standard employment across a number of sectors has shifted to non-standard or atypical forms of employment, and whereas, if this trend continues, it is likely that the risk of precariousness will increase8 ; __________________ 8 Study for the EMPL Committee on precarious employment in Europe, July 2016, http://www.europarl.europa.eu/RegData/e tudes/STUD/2016/587285/IPOL_STU%28 2016%29587285_EN.pdfand employment in general has shifted to new forms and become more flexible;
Amendment 45 #
2016/2221(INI)
Motion for a resolution
Recital B
Recital B
Amendment 60 #
2016/2221(INI)
Motion for a resolution
Recital C
Recital C
Amendment 185 #
2016/2221(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that numerous factors, such as digitalisation, are contributing to a radical transformation of work, with an increase in non-standardew forms of employment trends that will intensify unless new regulation is put into place; calls on the Commission and the Member States to ensure that work being transformed through digitalisation, and new employment being created as a result of it, is decent;
Amendment 225 #
2016/2221(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the importance of labour inspectorates and the social partners in safeguarding workers’ rights, defining decent wages and incomes in accordance with Member States’ laws and practices, and in providing consultation and guidance to employers; strongly underlines that labour inspectorates should focus on the goal of monitoring and improving working conditions, and should not be used as migration control mechanisms; strongly condemns the practice of companies to employing migrants without securinginforming them of their full rights and benefits;
Amendment 245 #
2016/2221(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to combat non-standard, atypical and precariousensure that national social security systems are fit for purpose when it comes to new forms of employment, in line with the ILO Decent Work Agenda and the European Social Charter;
Amendment 268 #
2016/2221(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines the need for public investmentscessity to support SMEs and start-ups in order to promotinge upwards convergence, the social cohesion of the Union and the creation of decent work;
Amendment 310 #
2016/2095(INI)
Motion for a resolution
Paragraph 4 – point a
Paragraph 4 – point a
a. decent working conditions for internships, traineeships and apprenticeships, prohibiting those that are unpaid or paid so little that they do not enableensuring that they allow workers to make ends meet;
Amendment 345 #
2016/2095(INI)
Motion for a resolution
Paragraph 4 – point c
Paragraph 4 – point c
c. limits regarding on-demand work: zero-hour contracts should be bannmonitored and certain core working hours should be guaranteed to all workers;
Amendment 399 #
2016/2095(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls that the right to healthy and safe working conditions also involves limitations on working time and provisions on minimum rest periods and annual leave; awaits Commission proposals for legislation and other concrete measures to uphold this right for all workers including seasonal and contract workers, reflecting all current knowledge about health and safety risks;
Amendment 464 #
2016/2095(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Agrees with the importance of universal access to timely, good-quality and affordable preventative and curative health care; emphasises that all workers must be covered by health insurance;
Amendment 534 #
2016/2095(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for a European framework for minimum income schemes; hHighlights the importance of such schean adequate incomes for maintaining human dignity as well as their role as a form of social investments in enabling people to undertake training and/or look for work;
Amendment 671 #
2016/2095(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls for a full and swift implementation of a Generation 50+ initiative within the Pillar of Social Rights to ensure fair access to the labour market as well as access to training and up- skilling supports for the older and long- term unemployed;
Amendment 976 #
2016/2095(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Highlights that today’s phenomena of capital-intensive production, high rates of inequality and the continuing rise in ’atypical’ work imply a need to increase the role of general tax revenue in cofinancingevaluate social insurance schemes in order to provide decent social protection for all;
Amendment 83 #
2016/2064(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers it disappointing that the Commission’s assessment of the EFSI has failed to record the number of jobs created to date under the Fund and calls on the Commission to put employment targets in place and to ensure that the EFSI's contribution to growth and jobs is adequately measured and monitored;
Amendment 27 #
2016/2062(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the aviation sector is a fundamental part of the European transport network, indispensable to ensure connectivity within the EU and worldwide, and a driver for growth and jobs creatof job creation, growth, innovation, regional development and social cohesion;
Amendment 49 #
2016/2062(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. InsistRecommends that direct employment must remain the usualis the preferable form of employment in aviation in order to ensure safety;
Amendment 52 #
2016/2062(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that all airlines operating in the European Union must be fully compliant with EU and Member State social and employment requirements;
Amendment 57 #
2016/2062(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to come forward with legislative initiatives to prevent flags of convenience, rule shopping and unfair competition in aviation, including a ban on zero-hcarrying out continuours cmontracts and pay-to-fly schemesitoring of the new business and employment models that have developed to ensure that there is fair working conditions in the aviation sector;
Amendment 79 #
2016/2062(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to rethink on-going initiatives and propose alternatives to remove the deficiencies of the aviation sector resulting from the late and incomplete implementation of EU legislation such as the Single European Sky (SES); urges the Member States finally to make swift progress on other essential dossiers such as the revision of the Slot Regulation and the Passenger Rights Regulations;
Amendment 98 #
2016/2062(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that the European aviation sector can fit into a competitive global environment by further building on and developing its assets; recalling that aviation is a strong driver of growth, jobs, trade and mobility for the world´s economy and that the EU is facing increased pressure from new competitors, believes that competition from third countries, if fair, should be seen as an opportunity to develop further afurther develop an innovative and competitive European aviation model;
Amendment 115 #
2016/2062(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recognises the strategic importance of swift progress in negotiating EU level aviation agreements with China, ASEAN, Turkey, Saudi Arabia, the United Arab Emirates (UAE), Kuwait, Qatar, Bahrain, Oman, Mexico and Armenia that include balanced provisions on fair competition which can be applied and enforced in practice based on a regulatory framework that promotes EU values and standards;
Amendment 130 #
2016/2062(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Believes that in keeping with Article 218 of the TFEU, the Commission and the Council should keep the Parliament fully informed concerning all stages of international aviation agreement negotiations;
Amendment 133 #
2016/2062(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Welcomes launching new aviation dialogues with other strategic aviation partners such as India;
Amendment 139 #
2016/2062(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that air space is also part of the EU single market, and that any fragmentation resulting from diverging national practices has ancauses longer flight times, delays, extra fuel burn, greater C02 emissions in addition to negatively impact oning the rest of the market and hampersing EU competitiveness;
Amendment 150 #
2016/2062(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to implement the concept of a European upper flight information region, which is to form a ‘Trans-European Motorway of the Sky’, to overcome the difficult implementation of SES, in particular the functional airspace blocks, and to allow continuity of air services in the most vulnerable parts of the air space, while ensuring a proper deployment of the Single European Sky ATM Research (SESAR) project in the interest of achieving global interoperability;
Amendment 161 #
2016/2062(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that many of the limits to growth, both in the air and on the ground, can be addressed by taking connectivity as one of the main indicators when assessing and planning actions in the sector;
Amendment 165 #
2016/2062(INI)
Motion for a resolution
Paragraph 6 – subparagraph 1 (new)
Paragraph 6 – subparagraph 1 (new)
Calls on the Commission and the Member States to ensure the full and correct implementation of the Airport Charges Directive (2009/12/EC) that strikes a balance between providing adequate investment in airport infrastructure, while at the same time ensuring that passengers and European airlines benefit from efficient, safe, well-connected airports, which is vital for a more competitive EU aviation sector and welcomes transparent market based approaches in this regard in conjunction with effective airline/airport consultation;
Amendment 182 #
2016/2062(INI)
Motion for a resolution
Paragraph 8 – subparagraph 1 (new)
Paragraph 8 – subparagraph 1 (new)
Maintains that many secondary airports would not be economically viable without public money and stresses the importance of making the regions more competitive and promote their integration and connectivity with other regions and believes that there should be careful consideration given to maintaining EU citizens access to such essential services as market based solutions will not deliver air transport services to certain regions; calls on the Commission and the Member States to develop a long term strategy that addresses the challenges and opportunities for these airports;
Amendment 223 #
2016/2062(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that public and private financing in the aviation sector, including non-aeronautical revenue, is vital to guarantee territorial cohesion, foster innovation and maintain or regain European leadership of our industry; recalls that all financing must respect EU state aid guidelines and competition law;
Amendment 229 #
2016/2062(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Believes that while ownership and control rules (Regulation 1008/2008) are important owing to investors having an influence on the direction or the priorities of European airlines and that as a first priority, these rules should be strictly enforced, however, calls on the Commission to assess the ´control´ criteria so that European airlines may have the possibility to access foreign investment to innovate and remain competitive;
Amendment 243 #
2016/2062(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that the whole aviation value chain has the potential to be a strategic sector for investments, which needs to be further exploited by setting long-term objectives and by granting incentives to smart initiatives fulfilling those objectives; emphasises that the aeronautics industry is a major contributor to EU growth and jobs and is closely linked to competitiveness in the EU aviation sector, lending strong support to the promotion of cleaner technologies and supporting SESAR deployment; invites the Commission and the Member States to look into further measures to promote such initiatives, including through the use of the European Fund for Strategic Investments;
Amendment 269 #
2016/2062(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes the first ever global agreement to address CO2 emissions of aviation and the commitment of 65 states to participate at the voluntary phase already in the first phase until 2027 which means that around 80% of emissions above 2020 levels will be offset by the scheme until 2035;
Amendment 279 #
2016/2062(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Acknowledges the substantial costs spent on security measures; stresses that security challenges posed to the aviation sector will only be greater in the future, requiring an immediate shift to a more intelligence and risk-based and, reactive security system, and an improvement of the security of airports’ facilities so that they can adapt to evolving threats without requiring constant updates; calls on the Commission to look into the possibility of deepening the one-stop security concept, and of developing a EU pre-check system allowing pre-registered EU travellers to go through a lighter and faster screening; urges the Member States to commit to share intelligence systematically and to exchange best practices on airport security systems;
Amendment 283 #
2016/2062(INI)
Motion for a resolution
Paragraph 15 – subparagraph 1 (new)
Paragraph 15 – subparagraph 1 (new)
Takes note of the High Level Report on Conflict Zones and calls on the Commission and member states to ensure that its recommendations are implemented including the sharing of information to ensure the development of an EU risk assessment and the ability to share information in a speedy manner;
Amendment 286 #
2016/2062(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Welcomes the review of the EASA Basic Regulation (EC) No 216/2008, the aim of which is to work towards the highest level of safety in aviation , among others through the establishment of a comprehensive risk and evidence based Safety Management System;
Amendment 288 #
2016/2062(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Recognising that there is an ever growing threat to the aviation system from cyber incidents, therefore calls on the commission to step up its efforts to strengthen cyber resilience and to ensure that there is a coherent approach to raising awareness to such issues as well as encouraging a risk management approach amongst member states based on common principles;
Amendment 289 #
2016/2062(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. NConsiders that innovation is a prerequisite for a competitive European aviation industry and notes that relative to other transport modes, the aviation sector is already well ahead in putting the benefits of digitalisation, information and communication technologies, and open data to use, and encourages the sector to continue to take a lead in this process, while ensuring interoperability; welcomes the Commission’s proposal for an aviation big data project and asks for clarification on its implementation;
Amendment 105 #
2016/2061(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for a public minimum pension not related to previous working lifeon the member states to introduce a universally adequate basic pension that is not means- tested; stresses the importance of shifting towards individual, rather than family- related, pension entitlements;
Amendment 114 #
2016/2061(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that this strategy should seek to address not only the impact of the pension gap, in particular on the most vulnerable groups, but also its underlying causes; notes that preventing the gender pension gap in the future depends on ensuring that women and men enjoy equal position in the labour market in terms of the pay, career advancement and opportunities to work full time;
Amendment 135 #
2016/2061(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to work together with the European Institute for Gender Equality (EIGE) to develop a formal and reliable indicators on the basis of which to identify the various factors behind the pension gap, as well as to monitor that gap and flag up changes of the gender pension gap both at the EU-level as well as in cooperation with the Member States at the national level and to conduct systematic monitoring of this indicator, as well as to identify the various factors behind the pension gap;
Amendment 138 #
2016/2061(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Asks the Member States to increase minimum wagesdevelop an employment strategy that encourages more women to participate in the labour market as an important tool for narrowing pension gaps;
Amendment 138 #
2016/2061(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers that the gender pension gap should be regarded as a key indicator of gender inequality in the labour market as it reflects accumulated disadvantages experienced by women throughout their working lives, including horizontal and vertical segregation, discontinuous career paths as well as the gender pay gap; notes that, moreover, the current level of the gender pension gap is very close to the total wage gap (40,2%) which further reaffirms that the gap in pensions accurately demonstrates the magnitude of inequality between women and men in the labour market;
Amendment 152 #
2016/2061(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States to ensure that EU legislation against gender discrimination is properly implemented and its progress systematically monitored, with a view to making sure that men and women have an equal ability to make pension contributions;
Amendment 163 #
2016/2061(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Supports efforts to tackle horizontal and vertical segregation on the labour market by eliminating gender inequalities and discrimination in employment and encouraging women to take up jobs and careers in innovative growth sectors which are currently dominated mainly by men as a result of the persistence of stereotypes;
Amendment 194 #
2016/2061(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to make it easier for employees to negotiate voluntary flexible working arrangements giving themwomen and men a better balance between their working and private lives, so that they do not have to favour one over the other when they are obliged to take on greater responsibility for looking after homes and families;
Amendment 203 #
2016/2061(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls onsiders it a good practice among the Member States, on the basis of a pooling of best practice, to introduce ‘care credits’ to offset breaks from employment taken in order to provide informal care to family members and to to include the periods of formal care leaves, such as maternity, paternity and parental leave, as well as to make countributions for thoese creditformal leaves towards pension entitlements;
Amendment 207 #
2016/2061(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Considers that as a principle effective policy aimed at eliminating and preventing the gender pension gap should focus on increasing women's employment and opportunities for women to make equal pension contributions as opposed to enhancing compensation mechanisms within the pension systems;
Amendment 228 #
2016/2061(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Welcomes the decision of some Member States to apply the unisex rule also to their occupational pension schemes in order to ensure equality between women and men in all areas of pension calculation; encourages other Member States to consider following suit, if appropriate;
Amendment 9 #
2016/2047(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the mainstreaming of gender-equality as a cross-cutting policy objective of the EU budget in EU funds and programmes; urges, however, the consistent use of gender budgeting, including quantifiable budget allocations and results indicators in order to rectify the imbalances between men and women; stresses the need to support young women who can face gender-specific obstacles to get good quality offers of employment, continued education, apprenticeships or traineeships; notes that more funds should be allocated for women and girls who would like to start up their own business and for entrepreneurship;
Amendment 15 #
2016/2047(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights that jobs, growth and investments remain the overarching priority of the 2017 EU budget; draws attention to the existing gender-related targets in the Europe 2020 strategy, namely increasing female employment to 75 % and achieving equal pay between women and men, gender equality in the membership of national parliaments and an equal number of women on large company boards, all of which we are a long way from reaching; notes, in this regard, that more funds should be allocated to increase women participation in ICT sector which offer several opportunities;
Amendment 23 #
2016/2047(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the 2017 budget tries to provide an effective European response to the migration challenge; stresses the need to assign funds for providing specific assistance to, and promoting inclusion and monitoring the situation of, female refugees and asylum seekers in the EU; believes that, in particular, tailored facilities should be put in place in order to create suitable areas for mothers and children, and special attention should be given to women and girls victims of violence, including FGM;
Amendment 27 #
2016/2047(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for the adoption of strategies for more effective promotion of equality between men and women; highlights the need to earmark increased funding for the fight against all forms of violence and discrimination against women and girls;
Amendment 161 #
2016/2017(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that the EU is facing unprecedented demographic challenges – an ageing population, low birth rates, changing family structures and migration; is concerned that austerity measures may have had a negative impact on the sustainability of public finances needed for work-life balance policies and services that foster demographic renewal;
Amendment 335 #
2016/2017(INI)
Motion for a resolution
Paragraph 15 – closing part (new)
Paragraph 15 – closing part (new)
Acknowledging that some member states have already taken proactive measures on paternity leave and carer's leave;
Amendment 13 #
2016/2012(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas the Article 8 of the Treaty on the Functioning of the European Union states that: “In all its activities, the Union shall aim to eliminate inequalities, and to promote equality, between men and women”;
Amendment 26 #
2016/2012(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the Member States have the legislative competence to safeguarded equal treatment of women and men in the areas of goods and services which fall outside of the remit of the Directive;
Amendment 43 #
2016/2012(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas the work of the European Network of Equality Bodies is crucial for enhancing implementation of equal treatment legislation as well as coordinating the cooperation and sharing of best practices between national equality bodies accords the EU;
Amendment 52 #
2016/2012(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes note that while the Commission report states that no specific difficulties have been signalled in implementing several provisions of the Directive, this statement is based on very few cases of discrimination reported, and that overall there is very limited information and that data collection in this area varies considerably at Member State level; calls on the Members States, the Commission and the relevant stakeholders to raise the awareness about the provisions of the Directive to enhance the perceived importance of equal treatment in the field of goods and services;
Amendment 54 #
2016/2012(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that only some Member States reported the existence of specific provisions on positive action; calls on the Member States to better integrate and promote provisions on positive action which is based on a legitimate aim and strives to prevent or compensate gender- based inequalities, as outlined in the Directive;
Amendment 63 #
2016/2012(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines thatHighlights that while the Directive expressly prohibits the use of pregnancy and maternity as a way to differentiate in the calculation of premiums and benefits for the purposes of insurance and related financial services, a greater effort needs to be made to protect the rights of pregnant women in this field and safeguard them against unqualified pregnancy-related costs, as well as to raisinge awareness among service providers as to the special protection afforded to pregnant women; in particular there is a need to ensure that transitional periods in different types of insurance, especially medical insurance, do not interfere with the rights of pregnant women to enjoy equal treatment throughout the period of pregnancy;
Amendment 68 #
2016/2012(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes the equalising effect on pensions of the Test-Achats ruling which prohibited sex-based actuarial factors in insurance contracts and made unisex premiums and benefits mandatory in private insurance schemes, including pensions; notes that while this ruling applies only to the private schemes, the unisex rule in pensions constitutes a good practice in terms of reducing the gender pension gap;
Amendment 70 #
2016/2012(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Welcomes the decision of some Member States to apply the unisex rule also to their occupational pension schemes in order to ensure equality between women and men in all areas of pension calculation; encourages other Member States to consider following suit, if appropriate;
Amendment 75 #
2016/2012(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and Member States to facilitate the exchange of best practices in this area; calls for focusing on those preventive measures which are consistent with the principle of equality between women and men, as recommended for example in the Istanbul Convention, and which are not limiting to women’s liberties as well as concentrate primarily on addressing potential perpetrators rather than modifying behaviour of women as potential victims;
Amendment 78 #
2016/2012(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes that the Istanbul Convention states that “the realisation of de jure and de facto equality between women and men is a key element in the prevention of violence against women” and, therefore, calls on the Member States and the Commission to follow this comprehensive approach in their policy aimed at eradicating violence against women, including the implementation of the anti- harassment provisions outlined in the Directive;
Amendment 81 #
2016/2012(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Highlights that equal treatment of both mothers and fathers with small children in the access and use of services is crucial for gender equality in general as it promotes equal and shared responsibility for childcare between women and men; calls therefore on the Member States to raise awareness among the service providers about the need for equal facilities for both parents available within their premises;
Amendment 82 #
2016/2012(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Notes that integrating the gender- sensitive perspective into the early stages of planning and structuring of the means of transport and other public spaces constitutes a good and cost-efficient practice for eradicating physical barriers which undermine equal access for parents and carers of small children;
Amendment 92 #
2016/2012(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Notes that harassment poses a particular challenge for gender equality in the area of collaborative economy services; highlights that whilst the "zero- tolerance" policy towards harassment adopted by many platforms constitutes a good practice to be further strengthened in the sector, there is a need for the platforms concerned to prioritise prevention of harassment as well as to consider creating clear procedures for reporting abuse cases for users;
Amendment 95 #
2016/2012(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Notes that while the recently published Communication from the Commission on "European agenda for the collaborative economy" is a good starting step for promoting and regulating this sector effectively, in its further stages the Commission should integrate the principles of gender mainstreaming and reflect the regulations of the Directive to safeguard equal treatment of women and men and effectively prevent harassment in the services offered within the collaborative economy;
Amendment 97 #
2016/2012(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Encourages equality bodies and consumer protection organisations to both raise awareness about the limits and conditions for differential treatment among the service providers as well as to enhance awareness about the rights for equal treatment among service users, as it is often reported that users are not familiar with applicable provisions in the field of goods and services;
Amendment 114 #
2016/2012(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to enhance the cooperation with equality bodies and to monitor if the relevant provisions regarding their competences are met in all the Member States as well as to provide support to Member States in systematically identifying the main challenges and share best practices;
Amendment 117 #
2016/2012(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission, the Member States and the equality bodies, potentially in cooperation with consumer protection organizations, to raise awareness about the provisions of the Directive among both service providers and users in order to boost the understanding of equal treatment in this field and reduce breaches of the Directive being left unreported;
Amendment 119 #
2016/2012(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Commission to establish a public database of relevant legislation and case law regarding equal treatment between women and men as a means to raise awareness about the application of the legal provisions in this field;
Amendment 53 #
2016/0382(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The European Commission Communication on a “European Strategy for Low-Emission Mobility” of 20 July 2016 highlights the importance of advanced biofuels for aviation, a sector which, unlike many other transport modes, will continue to rely on liquid hydrocarbon fuels for the foreseeable future.
Amendment 11 #
2016/0287(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) EU policies that seek to promote internet infrastructure and the efficient use of the wireless spectrum and seek to increase the connectivity of European citizens by allowing for easier access to the internet should promote the concept of the 'internet of things' (IoT), having particular regard for it´s potential for growth innovation, improved applications and services related to public transport systems.
Amendment 16 #
2016/0287(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Support of this kind should encourage entities with a public mission such as public authorities and, especially, local and regional authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high-speed broadband in the centres of public life. Such entities could include municipalities and other local public authorities, libraries and hospitalproviders of public transport and public transport infrastructure, such as stations or terminals, libraries, universities, schools, hospitals and healthcare centers.
Amendment 42 #
2016/0287(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Given Internet connectivity needs within the Union and the urgency of promoting access networks that can deliver, throughout the EU, an Internet experience of high quality based on very high-speed broadband services, financial assistance should seek to attain a geographically balanced distribution. In doing so, particular attention should be paid to the special characteristics and constraints of rural and isolated regions.
Amendment 61 #
2016/0287(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Regulation (EU) No 283/2014
Annex - Section 4 - paragraph 1
Annex - Section 4 - paragraph 1
Actions aiming at the provision of free local wireless connectivity in the centres of local public life, including outdoor spaces accessible to the general public that play a major role in the local public transport systems and the wider public life of local communities, shall be eligible for financial assistance.
Amendment 27 #
2016/0254(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Since its establishment in 1994 EU- OSHA has played an important role in supporting the improvement of healthphysical and mental health, workplace inclusion and safety at work throughout the European Union. At the same time there have been developments in the area of occupational safety and health (OSH). In this light some adjustments are required in describing the objectives and tasks of EU- OSHA as compared to the provisions in Council Regulation (EC) No. 2062/94.
Amendment 39 #
2016/0254(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) collect, analyse and disseminate technical, scientific and economic information on safety and physical and mental health at work in the Member States in order to pass it on to the European Union institutions and bodies, Member States and interested parties; this collection shall take place to identify risks and good practices as well as existing national priorities and programmes and provide the necessary input to the priorities and programmes of the European Union;
Amendment 40 #
2016/0254(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) collect and analyse technical, scientific and economic information on research into safety and physical and mental health at work and on other research activities which involve aspects connected with safety and health at work and workplace inclusion and disseminate the results of the research and research activities;
Amendment 41 #
2016/0254(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) promote and support cooperation and exchange of information and experience amongst the Member States in the field of safety and physical and mental health at work, including information on training programmes;
Amendment 43 #
2016/0254(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) supply the European Union institutions and bodies and the Member States with the objective available technical, scientific, legal and economic information and qualified expertise they require to formulate and implement judicious and effective policies designed to protect the safety andmote workplace inclusion and protect the safety and physical and mental health of workers; to that end, provide the European Commission in particular with the technical, scientific, legal and economic information and qualified expertise it requires to fulfil its tasks of identifying, preparing and evaluating legislation and measures in the area of the protection of the safety and health of workers, notably as regards the impact of legislation, the adaptation of legislation to technical, scientific or legislative progress as well as of practical implementation of legislation in enterprises, with particular reference to micro, small and medium- sized enterprises;
Amendment 45 #
2016/0254(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) collect and make available information on safety and physical and mental health matters from and to third countries and international organisations;
Amendment 46 #
2016/0254(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) provide technical, scientific and economic information on methods and tools for implementing preventive activities, identify good practices and promote preventive actions, paying particular attention to the specific problems of small and medium-sized enterprises. With regard to good practices, the Agency shall in particular focus on practices which constitute practical tools to be used in drawing up an assessment of the risks to safety and physical and mental health at work, and identifying the measures to be taken to tackle them;
Amendment 48 #
2016/0254(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j
Article 2 – paragraph 1 – point j
(j) carry out awareness raising and communication activities and campaigns on physical and mental health and safety at work issues.
Amendment 20 #
2016/0231(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) On 10 JuneFollowing the approval of the European Parliament on 4 October 2016, the Commission presented the proposal for the EU to ratify the Paris agreementEuropean Council ratified the Paris Agreement on 4 October 2016. The Paris Agreement entered into force on 4 November 2016 and aims at keeping the increase in global average temperatures to well below 2°C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5°C above pre- industrial levels. This legislative proposal forms part of the implementation of the EU's commitment in the Paris agreement. The Union's commitment to economy-wide emission reductions was confirmed in the intended nationally determined contribution of the Union and its Member States that was submitted to the Secretariat of the UNFCCC on 6 March 2015.
Amendment 31 #
2016/0231(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) A range of Union measures enhance Member States’ ability to meet their climate commitments and are crucial to achieving necessary emission reductions in the sectors covered by this Regulation. These include legislation on fluorinated greenhouse gases, CO2-reductions from road vehicles, promoting better energy performance ofincluding for buildings, renewables, energy efficiency and the Cpromotion of the circular Eeconomy, as well as Union funding instruments for climate- related investments.
Amendment 34 #
2016/0231(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The decarbonisation of the energy mix is an important factor for Member States to achieve the necessary reductions in the relevant sectors, therefor it is important to create the right conditions to stimulate low emission alternative energy for transport, such as biofuels. This could be facilitated by ensuring that industry has a clear and long-term framework to provide certainty and upon which to base investment.
Amendment 35 #
2016/0231(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) The Union and its Member States should ensure that they pursue mutually reinforcing policies across the relevant sectors in order to make a successful transition towards a competitive, low- carbon economy. The impact of energy and sectoral policies on the Union, national climate commitments and the cost-efficient reduction of domestic greenhouse gas emissions should be assessed with common quantified methods, so that their impacts are transparent and verifiable.
Amendment 44 #
2016/0231(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) This Regulation should be reviewed as of 2024 and every 5 years thereafter, which is both in accordance with the compliance cycle of the LULUCF and the international cycle under the Paris Agreement, in order to assess its overall functioning. The review should take into account evolving national circumstances and be informed by the results of the global stocktake of the Paris Agreement. With that in mind, any such review should take into account the potential economic consequences that may arise in the event of a Member State exiting the Union under Article 50 of the Treaty on European Union.
Amendment 111 #
2016/0231(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
The Commission shall report to the European Parliament and to the Council by 28 February 2024, which is in accordance with the global stock-take of the Paris Agreement and every five years thereafter on the operation of this Regulation, its contribution to the EU's overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the Paris Agreement, and may make proposals if appropriate.
Amendment 113 #
2016/0231(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
In the event that a Member State withdraws from the Union under Article 50 of the Treaty on European Union and with a view to the stated intention of taking into account evolving national circumstances, the Commission shall take into consideration any changed economic circumstances and its impact on a Member States obligations under this Regulation in any report to the European Council and the European Parliament, as well as in any review of this Regulation;
Amendment 50 #
2016/0222(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Reception conditions continue to vary considerably between Member States both in terms of how the reception system is organised and in terms of the standards provided to applicants. The persistent problems in ensuring adherence to the reception standards required for a dignified treatment of applicants in some Member States has contributed to a disproportionate burden falling on a few Member States with generally high reception standards which are then under pressure to reduce their standards. More equalharmonised reception standards set at an appropriate level across all Member States will contribute to a more dignified treatment and fairer distribution of applicants across the EU.
Amendment 51 #
2016/0222(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The resources of the Asylum, Migration and Integration Fund and of the European Union Agency for Asylum should be mobilised to provide adequate support to Member States’ efforts in implementing the standards set in this Directive , including to those Member States which are faced with specific and disproportionate pressures on their asylum systems, due in particular to their geographical, economic or demographic situation.
Amendment 54 #
2016/0222(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In order to ensure that applicants are aware of the consequences of absconding, Member States should inform applicants in a uniform manner, as soon as possible and at the latest when they lodge their application, of all the obligations with which applicants must comply relating to reception conditions, including the circumstances under which the granting of material reception conditions may be restricted and of any benefits. Member States should provide this information through appropriate interpretation and translation wherever necessary so that applicants fully understand and are aware of their rights and the legal conditions that they must abide by.
Amendment 65 #
2016/0222(COD)
Proposal for a directive
Recital 27
Recital 27
(27) In order to ensure compliance with the procedural guarantees consisting inof the opportunity to contact organisations or groups of persons that provide legal assistance, information should be provided onabout such organisations and groups of persons in an understandable language and format by providing translation and interpretation where required.
Amendment 67 #
2016/0222(COD)
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) For unaccompanied minors, there is a need to ensure that they are adequately protected whilst in the Union, including identifying unaccompanied children upon disembarkation, registering them, carrying out a preliminary risk assessment and ensuring referral to relevant child protection services.
Amendment 69 #
2016/0222(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Member States should ensure that applicants receive the necessary health care which should include, at least, emergency care and essential treatment of illnesses, including of serious mental disorders. To respond to public health concerns with regard to disease prevention and safeguard the health of individual applicants, applicants' access to health care should also include preventive medical treatment, such as vaccinations. Member States may require medical screening for applicants on public health grounds. The results of medical screening should not influence the assessment of applications for international protection, which should always be carried out objectively, impartially and on an individual basis in line with Regulation (EU) No XXX/XXX [Procedures Regulation].
Amendment 95 #
2016/0222(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘applicant with special reception needs’: means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this Directive , such as applicants who are minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders and with mental health issues and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, such as victims of female genital mutilation .
Amendment 110 #
2016/0222(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Where applicants with special reception needs are detained, Member States shall ensure regular monitoring and adequate support taking into account their particular situation, including their physical and mental health.
Amendment 119 #
2016/0222(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 3
Article 11 – paragraph 3 – subparagraph 3
Amendment 143 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
(b) freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the membership rights and benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;
Amendment 147 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 3 – point d a (new)
Article 15 – paragraph 3 – point d a (new)
(da) access to educational and vocational guidance services and employment advice centres;
Amendment 166 #
2016/0222(COD)
Proposal for a directive
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) applicants have the possibility of communicating with relatives, legal advisers or counsellors, persons representing UNHCR and other relevant national, international and non- governmental organisations and bodies, and are provided with interpreters and translators to assist this process where required;
Amendment 167 #
2016/0222(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Member States shall take appropriate measures to prevent assault, LGBT-based and gender-based violence, including sexual assault and harassment when providing accommodation.
Amendment 172 #
2016/0222(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that applicants, irrespective of where they are required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], receive the necessary physical and mental health care which shall include, at leasta minimum, emergency care and essential treatment of illnesses, including of serious mental disorders.
Amendment 185 #
2016/0222(COD)
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Member States shall as soon as possible and no later than five working days from the moment when an unaccompanied minor makes an application for international protection take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The guardian appointed in accordance with Article [22] of Regulation (EU) No XXX/XXX [Procedures Regulation] may perform those tasks. The unaccompanied minor shall be informed immediately of the appointment of the guardian. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 22 (2), shall have the necessary expertise to that end and shall not have a verified record of child- related crimes or offences . In order to ensure the minor’s well-being and social development referred to in Article 22 (2)(b), the person acting as guardian shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians.
Amendment 186 #
2016/0222(COD)
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1 a (new)
Article 23 – paragraph 1 – subparagraph 1 a (new)
In order to protect unaccompanied minors from exploitation and trafficking, Member States shall identify unaccompanied children upon disembarkation, register them, carry out a preliminary risk assessment and ensure referral to relevant child protection services.
Amendment 188 #
2016/0222(COD)
Proposal for a directive
Article 23 – paragraph 2 – introductory part
Article 23 – paragraph 2 – introductory part
2. Unaccompanied minors who make an application for international protection shall, from the moment they are admitted to the territory until the moment when they are obliged to leave the Member State in which the application for international protection was made or is being examined, be monitored by the Member State in which they are present and placed:
Amendment 191 #
2016/0222(COD)
Proposal for a directive
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. Member States shall provide appropriate training and support for staff with respect to the fact that they are on the frontline dealing with potential physical and mental health needs of applicants entering the labour market.
Amendment 2 #
2016/0205(NLE)
Draft opinion
Article 1
Article 1
The Committee on Employment and Social Affairs calls on the Committee on International Trade, as the committee responsible, to recommend that Parliament decline to give its consent to the proposal for a Council decision on the conclusion of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part;.
Amendment 84 #
2016/0070(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Considers that sufficient and accurate data is still lacking in the area of posted workers, specifically in the number of workers posted in which employment sector and in which member state, considers it important that the Commission begin to collect and monitor such data, and carry out an impact assessment in the area of posted workers.
Amendment 129 #
2016/0070(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) There is a need for Member States to have at their discretion the ability to extend the time limit for posted workers due to unforeseen circumstances, for example if a project takes longer than expected to complete
Amendment 161 #
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 suited for these challenges to be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.; is concerned that any delay in bringing forth transport-specific legislation could leave transport workers without legal protections
Amendment 179 #
2016/0070(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of a labour costs but also on factors such as productivity and efficiency, orthe education and skill levels of the labour force and the quality and innovation of their goods and services.
Amendment 201 #
2016/0070(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) For workers posted to a country where the native language is not their mother tongue, the member states and relevant authorities must ensure that posted workers receive contracts and any other administrative documents in a format that is clearly understandable to the worker by providing interpretation and translation where required.
Amendment 224 #
2016/0070(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) There must be a sufficient labour inspectorate in the member states, to monitor the working conditions of posted workers and to ensure that fraudulent posting, contracting and bogus self- employment do not take place under the legislation.
Amendment 432 #
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
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration as defined by national law and applicable collective agreements in accordance with point (c).
Amendment 119 #
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 approval authorities and surveillance authorities function independently from each other.
Amendment 129 #
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 132 #
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 135 #
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 151 #
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 that are representative of the number of vehicles in that member state. When doing so, market surveillance authorities shall take account of established principles of risk assessment, complaintincluding 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 160 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2 a (new)
Article 8 – paragraph 4 – subparagraph 2 a (new)
The market surveillance authority of one Member State can take action pursuant to Article 20 of Regulation (EC) No 765/2008.
Amendment 165 #
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 and the Forum. The Member State concerned shall make a summary of the results accessible to the public.
Amendment 181 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 a (new)
Article 9 – paragraph 1 – subparagraph 1 a (new)
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 211 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
This Forum shall be composed of members appointed by the Member States and representatives of the Commission. Representatives of the European Parliament, representatives of technical services, third-party testing organisations, safety and environment NGOs and consumer groups shall be included as observers.
Amendment 216 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. The Commission, within its role as chair, shall establish a public online database for exchange of information on EU type-approvals between type-approval authorities, market surveillance authorities, Commission and third parties. The Commission shall oversee the portal, in particular the maintenance of the type- approvals database, including regular updates, coordination of input information with relevant authorities, data security and confidentiality, taking into account the protection of business secrets. The information in the data base shall be based on the information provided by national type approval authorities pursuant article 25 of this regulation. The Commission shall include a tool to upload independent third party test results, faulty reports and complaints about the performance of vehicles, systems, components and other technical units. Such submitted information and data shall be clearly separated from the information provided by national authorities. The information shall be used by the Forum within its responsibilities.
Amendment 218 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 b (new)
Article 10 – paragraph 2 b (new)
2b. The Forum shall have the authority to carry out joint audits of the national type-approval authorities to verify they implement consistently the requirements of this Regulation and carry out their duties in an independent and rigorous manner. The audits shall include a verification of the national type approval procedures put in place, a random sample check of the type approvals issued and an on-site visit to a technical service under the responsibility of the reviewed authority. The Commission may participate in the audit and decide on its participation on the basis of a risk assessment analysis. If the audit demonstrates that the authority concerned has breached any of the requirements of this Regulation, it shall immediately inform the Member States, the Commission and the European Parliament. Member States can choose not to recognise the type approvals issued to vehicles, systems, components and separate technical units by the authority concerned on their territory until full compliance with the requirements of this Regulation and the audit recommendations is put in place.
Amendment 229 #
2016/0014(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The need for certification, control and monitoring of technical services by the designating authorities has increased since technical progress has raised the risk that technical services do not possess the necessary competence to test new technologies or devices emerging within their scope of designation. Due to the wide differences in interpretation of the current implementation of directive 2007/46/EC and the application of its provisions in the course of the type- approval procedure, considerable differences between technical services exist. The certification, control and monitoring must therefore be harmonised and increased to ensure a level playing field within the European single market. As technical progress shortens product cycles and as the intervals of surveillance on-site assessments and of the monitoring vary between designating authorities, minimum requirements with regard to the intervals of the surveillance and monitoring of the technical services should be established.
Amendment 232 #
2016/0014(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) following a reasoned request from an approval authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of production of a vehicle, system, component or separate technical unit; this shall include any technical specifications at type approval and access to software and algorithms as requested;
Amendment 240 #
2016/0014(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The EU type-approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements. Verification shall include a documentary check of all requirements covered by an EU type-approval for an incomplete type of vehicle granted in the course of a multi-stage procedure, even where granted for a different category of vehicle. It shall also include verification that performance of the systems that were granted type approval separately are still in conformity with said type approvals when incorporated into a whole vehicle.
Amendment 247 #
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. 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.
Amendment 251 #
2016/0014(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The independence of technical services vis-à-vis manufacturers should be ensured, including by avoiding direct or indirect payments by the manufacturers for the type-approval inspections and tests they have carried out. Therefore the Member States should establish a type- approval fee structure that should cover the costs for carrying out all type- approval tests and inspections carried out by the technical services designated by the type-approval authority, as well as the administrative costs for issuing the type- approval and the costs for carrying out ex-post compliance verification tests and inspecnsure information about which technical service tested a vehicle, system, component or separate technical unit is provided in the data-base which is set up by this regulations.
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 257 #
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 262 #
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 265 #
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 268 #
2016/0014(COD)
Proposal for a regulation
Article 25 – paragraph 4 a (new)
Article 25 – paragraph 4 a (new)
4a. The approval authority shall without undue delay update the public online database 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 remedy action taken. The approval authority shall include the data specified in paragraph 1 or 3.
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 284 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall establish a national fee structure to cover the costnsure that there is no conflict of interest or overlap of functions for theircommercial links between national type-approvals and or market surveillance activities as well as for the type-approval testing and conformity of production testing and inspections carried out by the technical services they have designateduthorities, technical services and manufacturers. For this purpose they shall put in place independent and transparent funding provisions.
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 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 399 #
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 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 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 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 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 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 515 #
2016/0014(COD)
Proposal for a regulation
Article 86 – paragraph 1
Article 86 – paragraph 1
1. The Member States shall levy fees on technical services applying to be designated established in their territory to cover wholly or partly, the costs relating to the activities exercised by the national authorities responsible for technical services in accordance with this Regulation.
Amendment 518 #
2016/0014(COD)
Proposal for a regulation
Article 88 – paragraph 2
Article 88 – paragraph 2
2. The power to adopt delegated acts referred to in Article 4(2), Article 5(2), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 55(2) and (3), Article 56(2), Article 60(3), Article 65(10) and Article 65 (11), Article 76(4) and Article 90(2) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.
Amendment 523 #
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 532 #
2016/0014(COD)
Proposal for a regulation
Article 90 – paragraph 1 – subparagraph 2
Article 90 – paragraph 1 – subparagraph 2
The administrative fines imposed by the Commission shall notcan be in addition to the penalties imposed by the Member States in accordance with Article 89 for the same infringement andbut shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit.
Amendment 569 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
Amendment 570 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 b (new)
Article 10 – paragraph 2 b (new)
2b. The Commission, within its role as chair, shall establish a public online database for exchange of information on EU type-approvals between type-approval authorities, market surveillance authorities, Commission and third parties. The Commission shall oversee the portal, in particular the maintenance of the type- approvals database, including regular updates, coordination of input information with relevant authorities, data security and confidentiality, taking into account the protection of business secrets. The information in the data base shall be based on the information provided by national type approval authorities pursuant article 25 of this Regulation. The Commission shall include a tool to upload independent third party test results, faulty reports and complaints about the performance of vehicles, systems, components and other technical units. Such submitted information and data shall be clearly separated from the information provided by national type- approval authorities. The information shall be used by the Forum within its responsibilities.
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 614 #
2016/0014(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) following a reasoned request from an approval authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of production of a vehicle, system, component or separate technical unit; this shall include any technical specifications at type approval and access to software and algorithms as requested.
Amendment 655 #
2016/0014(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The EU type-approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements. Verification shall include a documentary check of all requirements covered by an EU type-approval for an incomplete type of vehicle granted in the course of a multi-stage procedure, even where granted for a different category of vehicle. It shall also include verification that performance of the systems that were granted type-approval separately are still in conformity with said type-approvals when incorporated into a whole vehicle.
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 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 731 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall establish a national fee structure to cover the costs for theirnsure that there is no conflict of interest or overlap of functions between national type- approvals and or market surveillance activities as well as for the type-approval testing and conformity of production testing and inspections carried out by the technical services they have designateduthorities, technical services and manufacturers. For this purpose they shall put in place independent and transparent funding provisions.
Amendment 738 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Those national fees regarding type- approvals shall be levied on the manufacturers who have applied for type- approval in the Member State concerned. Fees shall not be levied directly by technical services.
Amendment 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 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 779 #
2016/0014(COD)
Proposal for a regulation
Article 33 – paragraph 4 – subparagraph 1
Article 33 – paragraph 4 – subparagraph 1
Where production of a particular type of vehicle, system, component or separate technical unit is permanently discontinued, the manufacturer shall notify without delay the approval authority that granted the EU type-approval for that type of vehicle, system, component or separate technical unit thereof.
Amendment 781 #
2016/0014(COD)
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. Where an EU type-approval certificate for a type of vehicle, system, component or separate technical unit is due to become invalid, the manufacturer shall notify without delay the approval authority that granted the EU type-approval thereof.
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 970 #
2016/0014(COD)
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
Amendment 1002 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 1 a (new)
Article 77 – paragraph 1 a (new)
1a. Where a technical service has already been assessed and designated by a type-approval authority, the joint assessment team shall analyse the previous assessment and designation, prior to organising a new assessment. Only in the case where reasonable doubts exists about the previous assessment or where circumstance have changed, the assessment team shall organise a new assessment.
Amendment 1003 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 1 b (new)
Article 77 – paragraph 1 b (new)
1b. The joint assessment team may base its assessment on recognised third party assessments and designate the technical service base on those assessments.
Amendment 1021 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 12
Article 77 – paragraph 12
Amendment 1079 #
2016/0014(COD)
Proposal for a regulation
Article 86 – paragraph 1
Article 86 – paragraph 1
1. The Member States shall levy fees on technical services applying to be designated established in their territory to cover wholly or partly, the costs relating to the activities exercised by the national authorities responsible for technical services in accordance with this Regulation.
Amendment 1083 #
2016/0014(COD)
Proposal for a regulation
Article 88 – paragraph 2
Article 88 – paragraph 2
2. The power to adopt delegated acts referred to in Article 4(2), Article 5(2), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 55(2) and (3), Article 56(2), Article 60(3), Article 65(10), Article 65 (10a), Article 76(4) and Article 90(2) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.
Amendment 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 1107 #
2016/0014(COD)
Proposal for a regulation
Article 90 – paragraph 1 – subparagraph 2
Article 90 – paragraph 1 – subparagraph 2
The administrative fines imposed by the Commission shall notcan be in addition to the penalties imposed by the Member States in accordance with Article 89 for the same infringement and, but shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit.
Amendment 33 #
2015/2354(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the commission to conduct a regulatory impact assessment of the proposed services passport so as to assess its value and its impact on businesses, before it is adopted;
Amendment 35 #
2015/2354(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on Member States to set up structures to advise and assist cross- border workers with regards to economic and social consequences of working in another Member State;
Amendment 37 #
2015/2354(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls for clear EU rules on social security systems coordination and calls on member states to implement thoroughly these rules and to carry out effective inspections to prevent abuses;
Amendment 49 #
2015/2354(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considering that our economic and social society is becoming a digital one, that 40% of the EU population can be considered as insufficiently digitally skilled and that public expenditure on education has seen a 3.2% decrease since 2010; encourages member states to invest effectively in education and skills, which poses a threat to the EUs competitive position in the medium term and to the employability of its labour force;
Amendment 50 #
2015/2354(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Notes the importance of promoting mobility through training, apprentices, skills and employability via programmes like Erasmus+ and EURES which provide opportunities for millions of Europeans to gain useful experience;
Amendment 54 #
2015/2354(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes the potential of the collaborative economy for job creation and a more inclusive labour market across Member States; believes that a country-by-country taxation principle needs to be established;.
Amendment 60 #
2015/2354(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the fact that the commission will issue guidelines on the collaborative economy which will provide much needed legal certainty in many areas such as health and safety norms, social security and employment protection;
Amendment 83 #
2015/2354(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes the commission's legislative proposal to address regulatory barriers restricting access to certain professions as an important step in opening up the single market and fostering job growth;
Amendment 86 #
2015/2354(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to work with the Member States to simplify and speed up procedures for the recognition of professional qualifications, including by facilitating and encouraging the introduction of Common Training Frameworks; calls on the European Commission and the Member States to boost ICT and STEM training and education in order to equip both the current and the future workforce with the relevant e-skills;
Amendment 95 #
2015/2354(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to support job creation in the collaborative economy by developing appropriate safeguards, while at the same time providing a platform that will allow entrepreneurs to grow, innovate and create jobs; Insists that in order to harness the opportunity of the digitalisation of jobs, that will only increase with the single market strategy, there is a need to create secure flexible work time arrangements for a better work life balance.
Amendment 99 #
2015/2354(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses importance of having a social dialogue in terms of the opportunities and changes that a single market brings surrounding employment.
Amendment 103 #
2015/2354(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Supports measures in favour of closing the gaps in the European antidiscrimination legislation in employment especially with regard to the people with disabilities; Additionally, supports the implementation of the Council Directive 2000/78/EC on equal treatment in employment and occupation without delay.
Amendment 18 #
2015/2349(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas consumer demand for collaborative services is also growing, with a recent study by the European Commission showing that 17% of European consumers have used services provided by the sharing economy, and 52% are aware of the services offered;
Amendment 21 #
2015/2349(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. SWelcomes the communication from the Commission to the Member States on guidelines for employment situations in the collaborative economy; stresses the need for a regulatory environment that encourages investment and access to financing, and fosters sustainable growth and quality jobs within small transport businesses;
Amendment 34 #
2015/2349(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recognises that greenhouse gas (GHG) emissions from transport represented about 22% of total emissions in 2013 compared to 15% in 1990, and that under COP21, the EU set itself a target of reducing GHG by at least 40% when compared to 1990 levels, therefore small transport businesses face a huge challenge with decarbonising efforts here in order to reach these ambitious targets;
Amendment 232 #
2015/2330(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Notes the need to embrace the shift towards the digital economy in the context of upskilling and training as well as new forms of employment.
Amendment 325 #
2015/2330(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Calls on the commission and member states to take action in the area of affordable childcare so as to allow the parent with caring responsibilities equal access to the labour market, which is of particular importance to the inclusion of women in the labour market
Amendment 64 #
2015/2326(INI)
Draft opinion
Paragraph 9 – subparagraph 1 (new)
Paragraph 9 – subparagraph 1 (new)
Calls on the Commission to work with member states to further implement and make use of the Blue Card Directive (Directive 2009/50/EC) which allows skilled migrant workers access to employment in member states, whereas the take up until now has been poor.
Amendment 48 #
2015/2320(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that in order to ensure better conditions for job creation for the SME sector Member States must address the following problems, which are unequally present in different regions: skills scarcity and brain drain; regulatory burdens and regulatory uncertainty; the shadow economy; and the de factoperceived privileged position of multinational corporations (MNCs);
Amendment 72 #
2015/2320(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. NotAcknowledges that labour costs have an impact on SMEs’ job creation potential and competitiveness; and recognises that labour costs are a part of doing business.
Amendment 86 #
2015/2320(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls for extra measures also to be taken for the integration of the Generation 50+ into the labour market, business, education or training with the aim of preventing long-term unemployment and the risk of social exclusion for this category of workers and their families;
Amendment 91 #
2015/2320(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Calls on Member States to ensure that local childcare infrastructure is provided in order to facilitate parents access to the workforce;
Amendment 115 #
2015/2320(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the Member States to incentivise through taxation the growth and emergence of business angel, seed fund and early stage market player sectors;
Amendment 116 #
2015/2320(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Calls on the European Commission to create the European framework regulation to facilitate the creation of pan-European crowd-funding and crowd investing markets;
Amendment 117 #
2015/2320(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Calls on the European Commission to facilitate the securitisation of loans to micro-companies and SMEs to increase their available credit;
Amendment 118 #
2015/2320(INI)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Calls on the European Commission to encourage young, senior, and female-owned SMEs;
Amendment 120 #
2015/2320(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the EU to better engage Member State authorities, universthird level education and training facilities, businesses, and financial institutions with a view to making full use of EU funding sources (e.g. the EFSI, the ESF, the ERDF, COSME, Horizon 2020 and Erasmus+) so as to help overcome the difficulty in accessing finance which is still one of the main barriers to the growth of SMEs;
Amendment 145 #
2015/2320(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on the European Commission and the Member States to boost ICT and STEM training and education in order to equip both the current and the future workforce with the relevant e-skills; Encourages the Commission and Member States to support programmes that provide unemployed young people with e-skills such as open online courses, and encourage the same for Generation 50+/active seniors.
Amendment 153 #
2015/2320(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that apprenticeship schemes within SMEs should be promoted by Member States, including through financial incentives; In this regard, dual education programmes and the combination of education and traineeship opportunities must also be encouraged;
Amendment 167 #
2015/2320(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages the Member States to create opportunities for young people to acquire entrepreneurship skills; also stresses the importance of mentoring for young entrepreneurs; support that is not only relevant for start-up but also for early-phase entrepreneurship to improve survival rates and sustainability of the company and jobs; for example, business mentor programmes;
Amendment 185 #
2015/2320(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on Member States to adopt favourable legislative frameworks forthat will incentivise young graduates who are employed by an SME or are starting up an enterprise;
Amendment 191 #
2015/2320(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Notes that measures should be taken to better enable the recognition of qualifications and diplomas across Europe, including diplomas and online certificates such as those provided by MOOCs, and the validation of non-formal learning in order to enable professionals to contribute with their knowledge and skills throughout Europe;
Amendment 194 #
2015/2320(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Welcomes the Commission legislative proposal on business insolvency, including early restructuring and second chance, to address fear of failure and make sure that entrepreneurs have a second chance;
Amendment 218 #
2015/2320(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States to review the rules affecting SMEs and to introduce measures based on the ‘Think Small First’ principle, in order to removduce the bureaucratic obstaclesden with which SMEs are confronted and achieve a high level of regulatory certainty as a precondition for job stability;
Amendment 225 #
2015/2320(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on member states to ensure that a full regulatory impact is carried out on all new legislation and regulation to assess its impact on SMEs;
Amendment 235 #
2015/2320(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Believes that taxation should be shifted away from labour towards other broad based systems of taxation;
Amendment 245 #
2015/2320(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission and the Member States to consider that SMEs face specific obstacles and should therefore be exempted fromnot be subject to excessively burdensome administrative procedures, while always ensuring that they provide their employees with the necessary health and safety standards;
Amendment 255 #
2015/2320(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to facilitate exchanges of best practices between Member States regarding their different regulatory environments for SMEs; welcomes in this regard the Network of SME Envoys, whose role is to improve the consultation process with national SMEs and cooperation between EU countries; also encourages cooperation between SMEs and local authorities and the education sector, which can be beneficial for the creation of business clusters and incubators and hence increase their job creation potential;
Amendment 267 #
2015/2320(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the MemberCommission to fully implement the Single Market Strates togy by removeing the remaining administrative barriers with a view to facilitating market access for micro-enterprises and SMEs from other Member States;
Amendment 278 #
2015/2320(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Encourages the Commission and Member States to identify and tackle administrative and regulatory barriers preventing the swift delivery of funding;
Amendment 285 #
2015/2320(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Encourages Member States to continue to create one stop shops to provide information on all regulatory requirements and funding opportunities that anyone starting a business in any sector of the economy will encounter;
Amendment 298 #
2015/2320(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes that in some cases EU competition policy results in privileging that mostly benefits big market operators that are characterised by greater economic efficiency than SMEs; stresses in this regard the need for specific measures for SMEs in order to curb their market diseconomies, thus enabling their internationalisation and boosting their job creation potential; Notes that EU Competition policy protects SMEs by preventing monopolies, cartels, market dominance or state aid and thus facilitates the job creation potential of SMEs;
Amendment 319 #
2015/2320(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that in regions where economic development is focused on attracting foreign direct investment (FDI), MNCs arcan be treated preferentially in both legislative and tax matters; believes that these practices should be examined with a view to ensuring a level playing field for SMEs and restoring their employment creation capacities; Recognises that multinational companies can have a positive effect on a workforce through the provision of jobs skills and training; Acknowledges the fact that many SMEs are created to support MNCs and their employees through the provision of supply chain products and services; Welcomes the move by the OECD to boost transparency in the International Tax system and calls for swift implementation of the BEPS measures;
Amendment 143 #
2015/2255(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Calls for the stepping-up of checks in relation to compliance with work, standby, driving and rest times in all relevant sectors, such as construction, catering, health and transport, and for the imposition of penalties for serious non- compliance;
Amendment 448 #
2015/2255(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 466 #
2015/2255(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 484 #
2015/2255(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 510 #
2015/2255(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 530 #
2015/2255(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 545 #
2015/2255(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 559 #
2015/2255(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 37 #
2015/2228(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that women tend to be second earners and ICT jobs feature heavily in this field, encourages the commission and member states to have tax and benefit systems that are free of disincentives for second earners to work or work more;
Amendment 53 #
2015/2228(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission and the Member States to address the situation, with a positive approach, regarding flexible work and job security that is prominent in the ICT sector, whereas it has been shown that flexible work can help women gain a foothold in the marketplace;
Amendment 7 #
2015/2147(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Communication on ‘A Digital Single Market Strategy for Europe’; emphasises that the implementation of digitisation and the enhanced deployment of Intelligent Transport Systems (ITS) will be key tools to make the European transport system more efficient and productive, and as a result daily transport and logistics will be more fluid, safe, resource-wise and sustainable; Notes that tools are at different stages of development and implementation for transport by sea (SafeSeaNet7, Directive 2010/65/EU on reporting formalities, Blue Belt8, e-Maritime), inland waterways (RIS9), rail (TAF-TSI10), road (ITS11), air (SESAR12); calls on the commission to readily implement these tools so as to have smooth information flows;
Amendment 38 #
2015/2147(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Urges the Commission to assess the need to modernise EU regulations and adapt them to the digital age; asks the Commission to harmonise the regulatory framework of different transport modes in order to promote true competition between modes and to encourage new innovations and services for mobility and logistics like that of single transport documents in electronic form, including those based on the sharing economy, while creating a level playing field for existing market actors and new market entrants in terms of high European standards regarding safety, working conditions, fair taxation, consumer protection and the prevention of harmful environmental effects; highlights the importance of journey planning, accessible multimodal information and clear and transparent ticketing through digital and online platforms; Stresses that Geo-blocking of transport linked services should be prevented;
Amendment 49 #
2015/2147(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that dismantling barriers to the cross-border development of transport and tourism e-commerce is of the utmost importance; Calls on the commission to ensure the interoperability of systems and the use of common standards so as to build a truly inclusive Digital Single Market;
Amendment 85 #
2015/2147(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Expects the Commission to present a comprehensive report encompassing an assessment of the current state of play of digitalisation in the EU tourism market with a view to identifying and addressing challenges and opportunities of the various public and private players at national, regional and local level; Considers that such a report should include appropriate recommendations to ensure fair competition and a level playing field for all actors and to protect consumers by providing for transparency, neutrality and accessibility;
Amendment 378 #
2015/2147(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’s initiative to improve the legal protection of consumers as regards intangible digital content; points out that while consumers buying tangible digital content are protected by consumer protection laws, consumer rights when buying intangible digital content remain largely unregulated; agrees that consumers should enjoy a comparable level of protection regardless of whether they purchase digital content online or offline and whether they purchase tangible or intangible goods, products or content;
Amendment 404 #
2015/2147(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that a full harmonisation ofEmphasises that developing the rules and the legal framework govconcerning online sales irrespective of whether they are cross- border or domestic sales, while maintaining the coherence of online and offline rules regarding legal remedies, constitutes the most practical and proportionate approachshould be done in a technology neutral manner, which allows consumers and businesses to choose the appropriate technology for each purpose; welcomes the efforts to boost e-commerce irrespective whether cross-border or domestic sales;
Amendment 439 #
2015/2147(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that there is a risk that the Commission’s proposals entail a growing disparity between the applicable legal standards for offline and online purchases; believes that online and offline sales should be treated equally and that the consumer protection framework should be updated for the digital age to ensure a level playing field for consumers and for businesses;
Amendment 459 #
2015/2147(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is sceptical about the legal nature ofBelieves that the model contracts regarding online sales of tangible goods in the absence of statutory regulationcould be one of the tools to spread best practices;
Amendment 683 #
2015/2147(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Considers that where private investment alone cannot be ensured, citizens and businesses need to be enabled to participate in the Digital Single Market through other measures; an ambitious goal on full Internet coverage should be set;
Amendment 711 #
2015/2147(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that since the development of over-the-top services has increased demand and competition to the benefit of consumers, modernisation of the telecommunication framework should not lead to more regulatory burdens, but should drive innovation and fair competition; emphasises the importance of regulatory simplicity and predictability to boost infrastructure investments and to ensure similar rules for similar services;
Amendment 781 #
2015/2147(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that uniform enforcement of the Connected Continent package, including the end of roaming surcharges and the net neutrality principle, requires the establishment of a single European telecommunications regulatora transparent application policy across the Member States, which takes into account all spectrum users;
Amendment 862 #
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 upcoming InternalDigital Single Market Strategy;
Amendment 975 #
2015/2147(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Believes that a thriving European Digital Economy is a cornerstone for boosting job creation and growth in the EU and that it is fundamental also to the modernisation of traditional industry; notes the important role of SMEs as enablers of job creation and welcomes the development of new business models and services;
Amendment 976 #
2015/2147(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Stresses that the digitalisation of other industries including manufacturing, the energy and transport sectors, the retail sector and SMEs, public services and education needs to be actively strengthened;
Amendment 65 #
2015/2103(INL)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. notes that civil robotics provide opportunities for more resources in areas of employment where there is increasingly a funding and staffing shortfall such as in the caring sector, thus allowing staff to concentrate on providing social and emotional support;
Amendment 91 #
2015/2103(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. There is a need to explore ways to ensure that the health and safety of workers is adequately protected when working with or alongside robotics and other forms of artificial intelligence.
Amendment 32 #
2015/2007(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Whereas women tend to be second earners with ICT jobs featuring heavily in this field, encourages Member States to have tax and benefit systems that are free of disincentives for second earners to work or work more;
Amendment 61 #
2015/2007(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to encourage Member States to take action in the area of affordable childcare so as to facilitate equal access for women to the labour market;
Amendment 85 #
2015/2007(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission and the Member States to positively address the situation regarding flexible work and job security that is prominent in the ICT sector, whereas it has been shown that flexible work can help women gain a foothold in the labour market;
Amendment 145 #
2015/2005(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises that the completion of the Trans-European Transport Network remains one of the preconditions for a more sustainable and efficient transport system and a more balanced distribution of freight and passengers among transport modes; stresses that the selection of projects eligible for EU funding must focus on the completion of missing links, the upgrading of existing infrastructure and the development of multimodal terminals, putting greater emphasis on European added value; considers that the Connecting Europe Facility instrument and other means of financing should stimulate investment in shipping, ports, rail and inland waterways as a priority; emphasises that co-funded projects should reflect the need for infrastructure that minimises the impact on the environment, that is resilient to the possible impact of climate change and that improves the safety of users; stresses also the need for proper maintenance of the existing infrastructure;
Amendment 467 #
2015/2005(INI)
Motion for a resolution
Paragraph 26 – indent 1 a (new)
Paragraph 26 – indent 1 a (new)
- an EU roadmap for cycling to be included in the next Commission Work Programme 2016,
Amendment 573 #
2015/2005(INI)
Motion for a resolution
Paragraph 28 – indent 1 a (new)
Paragraph 28 – indent 1 a (new)
- promotion of increased market access to port services,
Amendment 582 #
2015/2005(INI)
Motion for a resolution
Paragraph 28 – indent 3
Paragraph 28 – indent 3
– setting a binding targetglobal target in the International Maritime Organisation (IMO) to reach the objective of the White Paper for an at least 40 % reduction in CO2 emissions from maritime bunker fuels by 2050, to be accompanied by concrete measures including market-based mechanisminternational alignment of the EU MRV Regulation with the global measures,
Amendment 597 #
2015/2005(INI)
Motion for a resolution
Paragraph 28 – indent 5
Paragraph 28 – indent 5
– actions supporting the deployment of alternative fuels infrastructure in sea ports, including the provision of LNG bunkering facilities and the use of shore-side electricity,
Amendment 258 #
2015/0278(COD)
Proposal for a directive
Annex I – section V – part A – paragraph 1 – point a – point iii a (new)
Annex I – section V – part A – paragraph 1 – point a – point iii a (new)
(iiia) the available accessibility features of the service should be listed and explained
Amendment 260 #
2015/0278(COD)
Proposal for a directive
Annex I – section V – part A – paragraph 1 – point b
Annex I – section V – part A – paragraph 1 – point b
(b) making websites, online applications and mobile based services including mobile applications accessible in a consistent and adequate way for users’ perception, operation and understanding,. This includinges the adaptability of the contents presentation and interaction, when necessary providingith an accessible electronic alternative; and provided when necessary; in a way whichthat facilitates interoperability with a variety of user agents and the assistive technologies available at Union and international level;
Amendment 263 #
2015/0277(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) It has to be ensured that the rules applying to a large number of existing heterogeneous commercial air transport activities, are further developed at a technical level. Future legislation should provide for a wide range of operations, each subject to rules that are risk- proportionate with the particular operation or type of operations.
Amendment 407 #
2015/0277(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
(23) ‘commercial air transport’ means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration between two different aerodromes;
Amendment 529 #
2015/0277(COD)
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. the conditions under which, taking into account the principles of Article 4, operations shall be subject to, or exempted from the requirements applicable to commercial air transport in this Regulation and the measures taken under this Regulation, notwithstanding the definition in Article 3(23).
Amendment 548 #
2015/0277(COD)
Proposal for a regulation
Article 31
Article 31
Amendment 554 #
2015/0277(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1
Article 31 – paragraph 1 – subparagraph 1
Where the delegated acts adopted pursuant to Article 34 so provide, safety- critical aerodromesafety data demonstrates that an equipment type used or intended forto be used at aerodromes subject to this Regulation shall be subject to certification and shall be issued with a certificaposes a safety risk, the Agency shall take appropriate measures by promoting safety and making recommendations so appropriate and proportionate measures shall be adopted.
Amendment 556 #
2015/0277(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 2
Article 31 – paragraph 1 – subparagraph 2
Amendment 561 #
2015/0277(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 868 #
2015/0277(COD)
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
1. The Member States assisted by the Agency, the Commission and the Agency shall cooperate on security matters related to civil aviation, including cyber security, with a view to ensuring that interdependencies between civil aviation safety and security are taken into account.
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 103 #
2014/2244(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Emphasises the crucial importance, in terms of social mobility, of transport being accessible, and of equal access to transport for all; calls for more attention to be paid to the needs of people with disabilities or limited mobility in relation to access to travel information before and during journeys; , ticketing options and reservation and payment systems, including the ability to reserve wheelchair spaces; welcomes the Commission's European Accessibility Act Roadmap and the potential for legislative action to remove economic and social barriers facing people with disabilities; urges the Commission to tackle barriers to transport as part of its efforts to improve accessibility;
Amendment 26 #
2014/2238(INI)
Motion for a resolution
Recital F
Recital F
Amendment 94 #
2014/2238(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Welcomes the commitment of the Commission to use the Targeted Mobility Schemes under the Programme for Employment and Social Innovation (EaSI) to promote labour mobility of jobseekers;
Amendment 99 #
2014/2238(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses the need for a greater emphasis on bridging the skills gap through fostering skills development;
Amendment 100 #
2014/2238(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the Commission to help foster skills development through the updating of qualifications and corresponding education and training curricula on an EU level;
Amendment 101 #
2014/2238(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Calls on the Commission to emphasise greater use of classification systems such as ESCO which can be used to identify skills gaps;
Amendment 102 #
2014/2238(INI)
Motion for a resolution
Paragraph 9 d (new)
Paragraph 9 d (new)
9d. Emphasises the importance of better synergies between the education systems and the emerging new green jobs through better coordination between the educational institutions and the employers' unions and other relevant organisations;
Amendment 127 #
2014/2238(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and the Member States to adopt ambitious and integrated regulatory, fiscal and financial frameworks to guarantee sustainable investment and encourage innovation, thereby fully unlocking the employment potential of these changes; highlights that policies should be developed in a framework of long-term horizons that includes binding targets where necessary as well as indicators to measure progress towards their achievement;
Amendment 142 #
2014/2238(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to fully respect and implement the new provisions of the revised EU legislation on public procurement, and to introduce proactively environmental and social criteria in their public procurement policies in order to create sustainable jobs;
Amendment 153 #
2014/2238(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to use the EU Semester and the review of the Europe 2020 strategy to support green job creation; calls on the Commission to issue country- specific recommendations that contribute to higher employment and smaller ecological footprints, including a shift from labour to environmental taxation and the phasing out of counterproductive subsidies by 2020;
Amendment 164 #
2014/2238(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to renew its commitment to the Europe 2020 strategy and to issue its mid-term review without delay; calls on the Commission to introduce quality employment and resource efficiency as lead goals; calls on the Commission to propose more ambitious social and environmental targets for 2030 and 2050;
Amendment 196 #
2014/2238(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Notes that ESF support is available to help support green economic and employment growth and encourages the national governments and the relevant national services to consider using more actively this financing in order to promote creation of economically justified and economically sustainable green jobs;
Amendment 200 #
2014/2238(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Recalls that SMEs have enormous potential for creating employment, in particular youth employment, and promoting a dual system of vocational training and apprenticeship schemes;
Amendment 202 #
2014/2238(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Points out that SMEs can only create growth and jobs if favourable incentivising opportunities are also available through the green economy;
Amendment 203 #
2014/2238(INI)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25c. Calls on the Commission to ensure that green incentives for SMEs have a meaningful impact where they are most needed;
Amendment 108 #
2014/2149(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Emphasises the significant potential for the development of entrepreneurial activity in the tourism sector, in particular of tourism SMEs, which contribute to the preservation, protection and promotion of Europe’s cultural heritage; stresses that quality of service, an online presence and high-level professional skills are key factors for the success and competitiveness of the European tourism sector;
Amendment 134 #
2014/2149(INI)
Draft opinion
Paragraph 15
Paragraph 15
15. Supports the Commission in its initiatives for the digitalisation of Europe’s rich cultural heritage as an important contribution to the promotion of its unique cultural wealth worldwide. and that this is also implemented at a local level for the benefit of small businesses;
Amendment 121 #
2013/0436(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – subpoint b a (new)
Article 1 – paragraph 1 – point 19 – subpoint b a (new)
Regulation No 850/98
Article 29d – paragraph 4 a (new)
Article 29d – paragraph 4 a (new)
Amendment 118 #
2013/0157(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The overwhelming majority of Union maritime traffic transits through the seaports of the trans-European transport network. In order to achieve the aim of this Regulation in a proportionate way without imposing any unnecessary burden on other ports, this Regulation should only apply to the seaports of the trans-European transport network, each of which playing a significant role for the European transport system either because it handles more than 0.1% of the total EU freight or the total number of passengers or because it improves the regional accessibility of island or peripheral areas, without prejudice, however, to the possibility of Member States deciding to apply this Regulation to other ports as well. However, this Regulation should give Member States the possibility to decide whether to apply or not this Regulation to maritime ports of the comprehensive trans-European transport network located in the outermost regions. Member States may also introduce derogations in order to avoid disproportionate administrative burdens for those maritime ports of the comprehensive trans-European transport network whose annual traffic does not justify the full application of this Regulation. Pilotage services performed in the deep sea do not have a direct impact on the efficiency of the ports as they are not used for the direct entry and exit of the ports and therefore do not need to be included in this Regulation.
Amendment 123 #
2013/0157(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) This Regulation does not impose a specific port management model to the managing bodies of ports. Provided that rules relating to market access and financial transparency are respected, existing port management models established at national level in the Member States can be maintained
Amendment 133 #
2013/0157(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The self-provision of service which entails shipping companies or providers of port services to employ staff of their own choice and to provide themselves port services is regulated in a number of Member States for safety or social reasons. The stakeholders consulted by the Commission when preparing its proposal highlighted that imposing a generalised allowance of the self-provision of service at Union level would require additional rules on safety and social issues in order to avoid possible negative impacts in these areas. It appearis therefore not appropriate at this stage not to regulate this issue at Union level and to leave iit should instead be left to the Member States to regulate the self-provision of port services or not. Therefore, this Regulation should only cover the provision of port services for remuneration.
Amendment 146 #
2013/0157(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Due to the significant variations in the size of ports, the economic capacity and the amount of space available for operations on the water also need to be taken into account when limiting the number of providers of port services. Moreover, it should be possible to limit access to the market so as to ensure safe, secure or environmentally sustainable port operations.
Amendment 153 #
2013/0157(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The selection procedure for selecting providers of port service in the cass where the number of those providers is limited should follow the principles and approach determined in Directive ../../… [concession]7 , including the threbe made public and should and method for determining the value of the contracts as well as the definition of substantial modifications and the elements related to the duration of the contract. __________________ 7 Proposal for a Directive on the award of concession contracts (COM 2011) 897 finalbe non-discriminatory, transparent and open to all interested parties.
Amendment 170 #
2013/0157(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Member States should retain the full power to ensure an adequate level of social protection for the staff of undertakings providing port services. This Regulation shallould not affect the application of the social and labour rules of the Member States. In cases of limitation of the number of port service providers, where the conclusion of a port service contract may entail a change of port service operator, it should be possible for the competent authorities to askshould require the chosen service operator to apply the provisions of Council Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses11 . __________________ 11 OJ L 82, 22.3.2001, p. 16.
Amendment 176 #
2013/0157(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In a highly complex, and competitive sector such as port services, training of new recruits as well as lifelong training of staff are essential for ensuring port worker's health and safety, as quality of services and competitiveness of EU ports. Relevant training should be provided to every worker entering the port sector. The EU-level Sectoral Social Dialogue Committee for Ports should be able to develop guidelines for the establishment of training requirements to ensure a high quality of education and training of port workers, to minimise the risk of accidents and take into consideration the future needs of the sector in light of technological and logistical changes imposed by customers' demand.
Amendment 180 #
2013/0157(COD)
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) The European port sector is facing certain challenges that can impact both its competitiveness and social dimension. These challenges are: the ever increasing size of ships, the competition from non- EU ports, increasing market power as a result of alliances between shipping lines, the need to timely negotiate new working patterns and provide adequate training for technological innovation and minimise its social impact, the growing volumes which are more and more clustered, the lack of adequate investments on hinterland infrastructures, the removal of administrative barriers to the internal market, the changing energy landscape and the growing societal and environmental pressure. The Member States, together with the social partners, should address these challenges with the aim to safeguard both the competitiveness of the sector and the good working conditions in ports.
Amendment 193 #
2013/0157(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The Commission should clarify the notion of State aid with regard to the financing of port infrastructure, taking into consideration the non-commercial nature of public access and defence infrastructure.
Amendment 227 #
2013/0157(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 263 #
2013/0157(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Member States have the possibility to decide not to apply this Regulation to maritime ports of the comprehensive trans-European transport network located in the outermost regions as referred to in Article 349 TFEU. When Member States decide not to apply this Regulation to such maritime ports, they shall notify their decision to the Commission.
Amendment 293 #
2013/0157(COD)
Proposal for a regulation
Article 2 – point 6
Article 2 – point 6
6. ‘mooring’ means the berthtying and un- berthing services required for a waterborne vessel being anchored or otherwise ftying of a waterborne vessel to the berth, the quayside or a buoy in order to immobilise the vessel thereby allowing people, pastsened to the shore in the port or in the waterways access to the portgers, goods or cargo to be safely moved onto or from the waterborne vessel;
Amendment 302 #
2013/0157(COD)
Proposal for a regulation
Article 2 – point 9
Article 2 – point 9
9. ‘port infrastructure charge’ means a fee collected for the direct or indirect benefit of the managing body of the port and paid by the operators of waterborne vessels or cargo owners for the use of infrastructures, facilities and services that allow vessels entry and exit in and out of the port, including the waterways giving access to those ports, as well as access to the processing of passengers and cargo where these waterways are administered and managed by the port itself, access to the processing of passengers and cargo, but excluding land lease rates and charges having equivalent effect;
Amendment 310 #
2013/0157(COD)
Proposal for a regulation
Article 2 – point 16
Article 2 – point 16
16. ‘seaport’ means an delimited area of land and water made up of such works and equipmen, amongst other things, of infrastructures and facilities managed autonomously by the managing body of the port so as to permit, principally, the reception of ships, their loading and unloading, the storage of goods, the receipt and delivery of these goods and the embarkation and disembarkation of passengers; and any other infrastructure necessary for transport operators within the port areapersons;
Amendment 328 #
Amendment 350 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) the availability of the port service to all users;
Amendment 355 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d b (new)
Article 4 – paragraph 2 – point d b (new)
(d b) the availability of the service without interruption during the day, the night, the week and the year;
Amendment 362 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d c (new)
Article 4 – paragraph 2 – point d c (new)
(dc) the compliance with social and labour legislation of the Member States.
Amendment 418 #
2013/0157(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. When a managing body of a port or a competent authority provides port services itself or through a legally distinct entity which it directly or indirectly controls, the Member State may entrust the adoption of the decision limitingshall take necessary measures to avoid conflicts of interest. In the absence of such measures, the number of providers of port serviceshall not be less to han authority which is independent from the managing body of the port. If the Member State does not entrust the adoption of the decision limiting the number of providers of port services to such an authority, the number of providers shall not be less than twotwo, unless any of the reasons listed in paragraph 1 justifies a limitation to a single provider.
Amendment 429 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Any limitation of the number of providers for a port service in accordance with Article 6 shall follow a selection procedure which shall be open to all interested parties, non-discriminatory and transparent. The managing body of the port or the competent authority shall communicate to all interested parties information concerning the organisation of the selection procedure and the submission deadline, as well as all relevant award criteria and requirements.
Amendment 450 #
2013/0157(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The Member States may decideshall designate the competent authorities within their territory, which may be the managing body of the port, entitled to impose public service obligations related to port services on providers in order to ensure the following:
Amendment 454 #
2013/0157(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the availability of the service to all users, where appropriate on equal terms;
Amendment 458 #
2013/0157(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(ca) the provision of adequate transport services to the public;
Amendment 516 #
2013/0157(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the port mayight require the designated provider of port services appointed in accordance with the procedure established by Article 7, in the case where this provider is different from the incumbent provider of port services, to grant staff previously taken on by the incumbent provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23/EC.
Amendment 527 #
2013/0157(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Amendment 593 #
2013/0157(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with commercial practices related to frequentthe port’s economic strategy and the port’s spatial planning policy, related inter alia to certain categories of users, or in order to promote a more efficient use of the port infrastructure, short sea shipping or a high environmental performance, energy efficiency or carbon efficiency of transport operations. The criteria used for such a variation shall be relevant, objective, transparent and non-discriminatory and in due respect of the competition rules. The resulting variation shall in particular be available to all relevant port service users on equal tnon-discriminatory on the basis of nationality and shall comply with state aid and competition rules. Port infrastructure charges may vary also in accordance with commercial practices related inter alia to certain categories of userms.