1733 Amendments of Inma RODRÍGUEZ-PIÑERO
Amendment 266 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 223 a (new)
Rule 223 a (new)
Rule 223a Cooperation between committees and interparliamentary delegations In line with their responsibilities as defined respectively in Annex VI and in Rule 223, committees and interparliamentary delegations shall strive for cooperation in the setting of their priorities and for coordination in the conduct of their respective activities. The Conference of Committee Chairs and the Conference of Delegation Chairs shall hold regular meetings to that end and systematically meet at the beginning of the parliamentary term and at mid-term in order to jointly establish a list of priority countries with whom to engage, based on upcoming legislative files and geopolitical or strategic priorities. They may hold additional joint exchanges of views on relations of the Union with selected critical or strategic partners, or on horizontal priority issues based on geopolitical and other developments, in order to ensure optimal coordination on established priorities of the Union and hold regular meetings to this end.
Amendment 1 #
2024/0028(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The temporary trade-liberalisation measures established by this Regulation should take the following form: (i) the suspension of the application of the entry price system to fruit and vegetables; (ii) the suspension of tariff-rate quotas and import duties; and (iii) the suspension of the application of Chapter V and Article 24 of Regulation (EU) 2015/478 of the European Parliament and of the Council 11. Through those measures, the Union will, in effect, temporarily provide appropriate economic and financial support to the benefit of Ukraine and the economic operators that are affected.
Amendment 9 #
2024/0028(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Subject to an assessment by the Commission carried out in the context of the regular monitoring of the impact of this Regulation and launched either following a duly substantiated request from a Member State or on the Commission’s own initiative, it is necessary to provide for the possibility to take any necessary measures for imports of any products falling under the scope of this Regulation which are adversely affecting the Union market or the market of one or several Member States for like or directly competing products. There is a particularly precarious situation in the markets for poultry, eggs, and sugar that may harm Union agricultural producers if imports from Ukraine were to increase. It is appropriate to introduce an automatic safeguard for eggs, poultry, and sugar products that is activated if quantities imported pursuant to this Regulation exceed the arithmetic mean of quantities in 2022 and the period 2021-2023.
Amendment 13 #
2024/0028(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The application of Chapter V and Article 24 of Regulation (EU) 2015/478 shall be temporarily suspended with regard to imports originating in Ukraine.
Amendment 16 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
1. If a product covered by Article 1(1) originating in Ukraine is imported under conditions which adversely affect the Union market or the market of one or several Member States for like or directly competing products, the Commission may impose any measure which is necessary by means of an implementing act. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 5(3).
Amendment 20 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. In critical circumstances where delay would cause damage that would be difficult to repair, the Commission may provisionally impose any measure which is necessary by means of an implementing act. Such measures may only be imposed upon a duly substantiated request from a Member State pursuant to paragraph 3(a) of this Article and shall be adopted within 214 days after the request has been received. The implementing act shall be adopted in accordance with the advisory procedure referred to in Article 5(4). The duration of a provisional safeguard measure shall not exceed 1250 days.
Amendment 27 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – introductory part
Article 4 – paragraph 7 – subparagraph 1 – introductory part
7. If, during the period 6 June to 31 December 2024, cumulative import volumes of either eggs, poultry or sugar since 1 January 2024 reach the respective arithmetic mean of import volumes recorded in 2022 and the period 2021-2023, the Commission shall, within 214 days and after informing the Committee on Safeguards established by Article 3(1) of Regulation (EU) 2015/478:
Amendment 40 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 2
Article 4 – paragraph 7 – subparagraph 2
If, during the period 1 January to 5 June 2025, cumulative import volumes of either eggs, poultry or sugar for the period since 1 January 2025 reach five twelfths of the respective arithmetic mean of import volumes recorded 2022 andin the period 2021- 2023,the Commission shall, within 214 days and after informing the Committee on Safeguards, reintroduce for that product the corresponding tariff-rate quota suspended by Article 1(1), point b.
Amendment 46 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 3
Article 4 – paragraph 7 – subparagraph 3
For the purposes of this paragraph, the terms eggs, poultry and sugar refer to all products covered by the tariff-rate quotas in the Appendix to Annex I-A of the Association Agreement for, respectively, eggs and albumins, poultry meat and poultry meat preparations, and sugars, and the arithmetic mean shall be calculated by dividing the sum of import volumes in 2022 and the period 2021-2023 by twohree.
Amendment 1 #
2023/2107(INI)
Draft opinion
Recital A
Recital A
A. whereas Japan is the EU’s closest partner in the Indo-Pacific region; whereas in 2022, the EU was Japan’s third largest trading partner, while Japan was the EU’s eighth largest trading partner; whereas together the EU and Japan account for almost a quarter of the world’s gross domestic product;
Amendment 2 #
2023/2107(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the EU-Japan Economic Partnership Agreement entered into force on 1 February 2019; whereas bilateral trade flows caught up to pre-pandemic levels in 2021 (EUR 124 billion) and in 2022 bilateral trade flows increased by 13.4% to EUR 140.6 billion in goods; whereas in 2022, EU exports to Japan amounted to EUR 71.5 billion in goods and EUR 35.4 billion in services;
Amendment 6 #
2023/2107(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that the EU-Japan Economic Partnership Agreement (EPA) that entered into force on 1 February 2019, is a landmark trade agreement benefittis a landmark trade agreement that goes beyond trade, strengthening bnoth only economies; underlines that since then, bilateral trade in goods and services between the EU and Japan has increased, with a positive trade balance for the EUc ties, but also consolidating bilateral cooperation at a global level, which is based on democratic values, the rule of law, free and fair trade, sustainable development, as well as a rules-based multilateral world order;
Amendment 7 #
2023/2107(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes that since the entry into force of the EPA, bilateral trade in goods and services between the EU and Japan has increased, with a positive trade balance for the EU; welcomes the results after four years of the Economic Partnership Agreement between the EU and Japan, with an increase of 14,9 % of EU exports of good in 2022 over the previous year and an increase of 11,9 % of EU imports of good in the same period;
Amendment 9 #
2023/2107(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges that simplified procedures for obtaining tariff preferences and strong rules of origin have facilitated exports from EU companies and small and medium-sized enterprises to Japan; calls on the Commission to continue its outreach events to enable smaller companies to access information and benefit from the agreement;
Amendment 10 #
2023/2107(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recognises that the EPA has opened new markets for several agri-food sectors, including for fruits, vegetables, meat and wine, resulting in an increase of more than 30 % in EU agri-food exports to Japan since 2018; calls for further cooperation with Japan on the sustainability of global food systems, also taking into account that, in July 2023, the EU fully lifted the import restrictions for food in place following the 2011 Great East Japan earthquake;
Amendment 14 #
2023/2107(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the ongoing work towards the extension of the list of geographical indications protecAsks the Commission to accelerate the remaining work for the third amendment to the list of geographical indications annexed to the EPA , bringing us closer to the protection of 300 geographical indications; highlights that the extension of geographical indications so far agreed by the EU and Japan is unprecedented uander the EPA believes it is an important step forward in the protection of EU geographical indications at the global level;
Amendment 18 #
2023/2107(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls the importance ofUnderlines that the implementingation of the EPA fully and effectively, includinghas overall been smooth and successful but demands further progress in the areas of government procurement to ensure transparency, and in the implementation of sanitary and phytosanitary (SPS) commitments to speed up and simplify import procedures;
Amendment 21 #
2023/2107(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 24 #
2023/2107(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Welcomes the progress made since the EU-Japan Summit 2023 on SPS import procedures, especially on the project for mutual recognition of zoning in the area of animal health;
Amendment 25 #
2023/2107(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls on both parties to enhance regulatory cooperation in the fields of green technologies, notably on offshore wind power and renewable hydrogen, stepping up joint work on the energy and green transitions under the EU-Japan Green Alliance; welcomes the signature of a memorandum of cooperation on hydrogen to help establish a rules-based and transparent global hydrogen market;
Amendment 27 #
2023/2107(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the negotiations on data flows under the EPA provided that these provisions will properly protectUnderlines the need to complete the EPA with provisions ensuring the free flow of data; welcomes the negotiations on data flows under the EPA and calls on both parties to agree on modern digital trade rules that preserve the high level of personal data and privacy protection in the EU;
Amendment 30 #
2023/2107(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the launch of the EU- Japan digital partnership to advance cooperation on digital issues; welcomes, in this regard, the conclusion of the digital trade principles and the signature of the memorandum of cooperation on semiconductors, promoting a human-centric digital transformation based on democratic principles; welcomes, in this regard, the conclusion of the digital trade principles, covering data governance, digital trade facilitation as well as consumer and business trust, and the signature of the memorandum of cooperation on semiconductors, which namely foresees an early warning mechanism of critical disruptions in the semiconductors supply chain;
Amendment 33 #
2023/2107(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that the EU has a new approach to trade and sustainable development, which includes the possibility of sanctions as a last resort in cases of serious violations of the Paris Agreement and the core International Labour Organization (ILO) standards; believes that the Economic Partnership Agreement should be a ‘living agreement’ and calls on both parties to find ways to implement a number of innovative sustainable elements into the trade agreement;
Amendment 35 #
2023/2107(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes the Japanese ratification of the fundamental ILO convention on the Abolition of Forced Labour (No. 105); encourages Japan to continue the works towards the ratification of the remaining ILO core convention on Discrimination in respect of Employment and Occupation(No. 111);
Amendment 37 #
2023/2107(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Stresses the important role of civil society organisations and the domestic advisory groups in the monitoring and implementation of the agreement; asks Japan to develop ways of participation of civil society in the dialogue around the Trade and Sustainable Development provisions of the EPA; calls for closer cooperation between the EU and Japan domestic advisory groups and expects that their views on sustainability issues are taken into account in the government-to- government consultations provided in the agreement;
Amendment 38 #
2023/2107(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Takes note that the negotiations for an agreement on the protection of investment are stalled and recalls the European Parliament resolution of June 2022 on the future of EU International Investment policy;
Amendment 39 #
2023/2107(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Calls on both parties to continue to pursue a full and effective implementation of the EPA, strengthening the resilience of bilateral trade and investment relations and ensuring that citizens and businesses, especially SMEs, fully benefit from the opportunities that the agreement creates;
Amendment 40 #
2023/2107(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Welcomes the decision of Japan to join the Multi-Party Interim Appeal Arbitration Arrangement, which is an alternative system open to all World Trade Organization (WTO) members for resolving WTO disputes, pending the restoration of a reformed WTO dispute settlement system;
Amendment 41 #
2023/2107(INI)
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Asks the EU and Japan to explore the possibility of establishing a joint Trade and Technology Council, following the model existing between the EU and the USA; asks the Commission and Japan to explore ways of developing common strategies in economic security and technological cooperation; calls for further cooperation with Japan in the digital and green transitions, economic security, the resilience of global supply chains in strategic sectors, as well as in other relevant issues such as anti- coercion, export controls and investment screening, as the EU and Japan share common values and our strategic interests increasingly converge;
Amendment 22 #
2023/2105(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the European Parliament is one of the most respected parliaments or assemblies in the world, whose positions and resolutions are taken note of and often generate reactions and repercussions in third countries;
Amendment 24 #
2023/2105(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the European Parliament develops its role in parliamentary diplomacy, among others, through its 45 delegations that maintain and deepen relations with other parliaments of non- EU countries, regions and organisations, spreading the positions the European Parliament adopts;
Amendment 25 #
2023/2105(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas the Democracy Support and Election Coordination Group (DEG) of the European Parliament, which is headed by the chairs of the Committee on Foreign Affairs and the Committee on Development and includes MEPs from across the political spectrum, oversee Parliament's efforts to support democracy beyond the EU, including with regard to election observation, mediation and dialogue; whereas through the Jean- Monnet Dialogue for peace and democracy, Parliament brings non-EU political leaders together to promote inter- party communication and consensus building; whereas MEPs act as special envoys and mediators for conflict prevention in situations of high tension in specific countries;
Amendment 26 #
2023/2105(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas the European Parliament assists national parliaments and international regional assemblies beyond the EU’s borders in order to reinforce their institutional capacity and it establishes an ongoing dialogue with these legislatures, exchanging best practices and supporting their participation as fully-fledged members of the democratic community;
Amendment 27 #
2023/2105(INI)
Motion for a resolution
Recital C e (new)
Recital C e (new)
Ce. whereas Parliament is developing an increasing role as a normative actor worldwide, including in inter- parliamentary cooperation;
Amendment 30 #
2023/2105(INI)
Motion for a resolution
Recital D
Recital D
D. whereas by exercising parliamentary diplomacy Parliament engages through dialogue with elected officials and diplomat, government representatives, diplomats, public institutions, as well as civil society representatives and other stakeholders from non-EU countries and multilateral institutions on a continuous basis, in particular through the work of its delegations and committees, including through holding hearings and country visitpromoting the EU interests in general and encouraging their partners to uphold universal values;
Amendment 47 #
Amendment 49 #
2023/2105(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes Parliament’s growing role in the EU’s external action, gradually evolving from a somewhat marginal to a substantial one, combining its legislative, budgetary and scrutiny powers with multiple forms of engagement with countries and societies from outside the EU; underlines particularly Parliament’s budgetary powers and its consent power to EU international agreements;
Amendment 56 #
2023/2105(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights the distinct role and value of parliamentary diplomacy in complementing EU's diplomacy and reinforcing the visibility and impact of EU foreign and security policy, alongside the European External Action Service (EEAS), the Commission and the diplomatic services of the Member States, while assuring the Parliament’s own autonomy; underlines, in this sense, the paramount importance of parliamentary diplomacy as a means to reach out to more diverse stakeholders in partner countries with a view to reinforcing awareness about EU legislation and positions, to better understanding perceptions, impacts and consequences of such legislation and positions in third countries and to forging alliances and solid partnerships in an increasingly complex and multipolar international context;
Amendment 58 #
2023/2105(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the importance of parliamentary diplomacy and Parliament’s activities in this regard to promote political pluralism and democratic parliamentary standards worldwide, as well as to contribute in the improvement of human rights in third countries; notes that MEPs can address more sensitive issues, such as human rights violations and make public statements on these, open avenues for communication or engage with local partners when the space of traditional diplomacy is more restricted;
Amendment 75 #
2023/2105(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights Parliament’s specific, dynamic and public contribution to the EU’s foreign and security policy through the work of its committees working on external affairs, which contribute to relations with non-EU countries and international organisations; welcomes the visits of presidents and prime ministers, leading government officials and representatives from international and non-governmental organizations to the Committee on Foreign Affairs as an important tool for Parliament’s diplomacy;
Amendment 76 #
2023/2105(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that, under the overall oversight of the Committee on Foreign Affairs,Stresses that the standing delegations complement the work of the committees by establishing a regular and sustained forum for political dialogue with non-EU countries, including multilateral assemblies and through joint parliamentary bodies and multilateral assembliewhich constitute the parliamentary dimension of the EU political and trade agreements;
Amendment 85 #
2023/2105(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recognizes the positive contribution of the Delegation to the Euro-Latin American Parliamentary Assembly (Eurolat) in strengthening and promoting bi-regional relations; appreciates the role of the Eurolat Assembly as a parliamentary institution of the bi-regional strategic partnership between the European Union and Latin America and the Caribbean, and underlines the need to continue supporting its work to strengthen ties between both regions;
Amendment 86 #
2023/2105(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Stresses the important work of Parliament’s Democracy Support and Election Coordination Group (DEG) in the fields of international election observation, reinforcement of parliamentary democracy in non-EU countries and in initiatives involving mediation, facilitation and the promotion of human rights; acknowledges its key contribution to the parliamentary diplomacy activities of the Parliament, complementing the activities of the committees and delegations; calls for the findings from DEG activities on specific countries as well as those derived from EU Election Observation Missions to be better integrated into the relevant work of committees, delegations and plenary sessions when focusing on those same countries;
Amendment 90 #
2023/2105(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that Parliament’s official missions outside the EU form an integral part of EU external policy, which must therefore enjoy the full support of the EU delegations; stresses the need for these missions to count with the highest level of information and security and, in this regard, calls for the EU INTCEN and the EEAS Crisis Response Center to be provided with all necessary resources;
Amendment 93 #
2023/2105(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Underlines that parliamentarians should be fully prepared on the cultural and international cultural relations dimension of a third country when going on an official mission, thus fostering a culture of dialogue within the context of a dialogue of cultures; calls in this regard for the EEAS, and particularly its Strategic Communication and Foresight division, which should count with all necessary resources, to fully support Parliament’s official missions to third countries;
Amendment 96 #
2023/2105(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
Amendment 97 #
2023/2105(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Suggests that Parliament's Conference of Committee Chairs (CCC) and the Conference of Delegation Chairs (CDC) take up the task of promoting this internal coordination by, among other actions, periodically setting a list of priority countries with whom to engage - based on upcoming legislative files and geopolitical or strategic priorities-, by holding joint exchanges of views on EU relations with priority countries or on horizontal geopolitical issues, and by fostering synergies among the high number of Parliament's missions abroad to avoid unnecessary multiplications, streamline resources and reinforce consistency in Parliament's messages;
Amendment 110 #
2023/2105(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the consistent dedication of Parliament to placing human rights and democracy at the heart of EU external action and providing a key forum in which to hear and amplify the voice of civil society and democratic actors from around the world; reminds, nevertheless, that the provisions set out in the Treaties, such as in Art. 21 of TEU establishing the principles that will guide the EU’s external actions are binding for all EU institutions and therefore warns against any division of roles between ones defending values and other attached only to a 'realpolitik' approach;
Amendment 115 #
2023/2105(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Highlights the great relevance of the debates and resolutions on cases of breaches of human rights, democracy and the rule of law (Rule 144) as one of Parliament's tools with greatest impact abroad when addressing human rights situations in non-EU countries; calls, therefore, for better visibility of these debates and resolutions, including with regard to the agenda of the plenary sessions, and increased involvement during their drafting with relevant office- holders from other parliamentary bodies;
Amendment 123 #
2023/2105(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Takes note of EU tools for its relations with Member States’ national parliaments such as COSAC and IPEX and calls to explore the feasibility of their use in the relations with third countries or parliamentary assemblies worldwide; considers that creating an inter- parliamentary platform for exchange of information, such as IPEX, with parliaments outside the EU could strengthen Parliament’s diplomatic toolbox and its relation with parliamentarians from third countries;
Amendment 126 #
2023/2105(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that the next parliamentary term and the establishment of the future Commission should be an opportunity to strengthen the framework of interinstitutional relations between Parliament, the EEAS and the Commission, including EU delegations, in order to enhance parliamentary diplomacy and strengthen the EU’s toolbox for external action; calls for a framework on strengthening external action cooperation between the EEAS and the European Parliament, which could enhance the EU’s own foreign policy toolbox and Parliament’s role in EU Diplomacy;
Amendment 148 #
2023/2105(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for a further strengthening of Parliament’s relations with the Member States’ national parliaments, which are well-placed bodies to act as a relay towards Member States’ executive branches; highlights the importance of the inter- parliamentary conferences on CFSP/CSDP which can help to better align these policy dimensions within the EU and its Member States;
Amendment 152 #
2023/2105(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers that Parliament has a unique role to play in bringing EU foreign policy closer to European citizens, in particular and in strengthening its democratic legitimacy, including by engaging with sub-state entities such as regional governments and parliaments;
Amendment 157 #
2023/2105(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Takes the view that, in the context of backsliding in terms of respect for human rights and democracy worldwide, Parliament has a specific role to play in helping democratically elected parliaments globally to consolidate their institutional role and internal working methods; calls for a strengthened coordination with the Commission, including DG NEAR and DG INTPA in supporting parliamentary democracy worldwide and bolstering institutional support for parliaments; suggests that the Network with National Parliaments on democracy support, established by the Parliament, could become a regular institutional venue to coordinate activities and leverage expertise;
Amendment 170 #
2023/2105(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Highlights the specific role of Parliament in helping partner countries and, in particular, enlargement countries' parliaments to strengthen their role in the EU accession process, including by accompanying them in developing their capacities throughout the enlargement process;
Amendment 189 #
2023/2105(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Highlights the need to exchange good practices on parliamentary diplomacy and cooperation from EU Member States’ parliaments, particularly in their relations with those from third countries;
Amendment 190 #
2023/2105(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Reiterates its call to develop an autonomous EU diplomacy determined by a common diplomatic culture from an EU perspective and underlines Parliament’s role in this regard; considers that the implementation of Parliament’s Pilot Project on the creation of the European Diplomatic Academy, and specially its future and permanent structure, is a concrete step in this regards; calls to guarantee Parliament's permanent participation and active involvement in the future European Diplomatic Academy´s managing or governing bodies, as well as in its training programmes and activities;
Amendment 24 #
2023/2072(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls the European Commission and the Member States to deliver on open strategic autonomy to regain lost ground in all those fields where China's dominant position creates a risk of overdependance to the EU.
Amendment 25 #
2023/2072(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to consider ways of making its FDI screening opinions more impactful, in order to avoid distortions of the internal market and a race to the bottom between Member States;
Amendment 26 #
2023/2072(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the European Commission and the Member States to conduct a process to increase the harmonization of the regulations on screening and control of foreign investments, and to fully implement the Foreign Direct Investment screening mechanism . Likewise, the Commission and the Member States must pay attention to investments by third countries, which could carry an indirect control position by China, through ownership or relevant participation in companies from those third countries.
Amendment 30 #
2023/2072(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Is concerned about China’s assertive geopolitical and economic rise that has a considerable impact on the global economic and political developments particularly of the Global South, through its Belt and Road Initiative; calls on the Commission and the Member States to screen with a particular attention China’s acquisitions of critical infrastructures in the Western Balkans and in the EU neighbourhood countries; calls on China to increase transparency on Belt and Road Initiatives (BRI) projects, given that many BRI loans that have underperformed and became not financially viable.
Amendment 31 #
2023/2072(INI)
5a. Stresses that, as a reliable partner, the EU should engage on equal footing with partner countries, building long term, mutually beneficial partnerships. Calls on the Commission and EEAS to ensure that EU investments, notably via Global Gateway projects, in partner countries support partner countries in their own just and sustainable transition, delivering benefits on the ground in line with international climate agreements, ILO conventions, our Common Security and Defence Policy (CSDP) and International Humanitarian Law and Human Rights;
Amendment 43 #
2023/2072(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Urges the Commission and the Member States to secure the main use of EU infrastructures is preserved and protected, to allow the normal development of EU economic activity and trade, notably transport (ports, airports, train, and roads) energy and telecommunication infrastructures. Calls on the Commission to periodically report to the European Parliament on: a) the detection of possible dual use of strategic infrastructures that provide logistical and intelligence support to China; b) the full respect of EU trade legislation, especially due diligence, anti coercion and forced labour of goods entering the EU markets.
Amendment 45 #
2023/2072(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is of the opinion that fair, transparent, sustainable and mutually reinforcing trade relationships between the EU and China are of strategic importance and should be rules-based, with the multilateral trading system, the principle of reciprocity, and international labour and environmental agreements at its core;
Amendment 47 #
2023/2072(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the European Commission in coordination with the Member States, to design a rapid mechanism of response, in case of detection of dual use, or misuse, of the infrastructures in the EU, which are under property, participation or concession to China, that could lead to the cancellation of the rights of concession, and/or the suspension of the capacity of domain in the cases or property and participation.
Amendment 48 #
2023/2072(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Commission, in cooperation with the Member States, to activate procedures for the suspension and revocation of China's capacity of domain, or concessions in case that, in the context of the Russian aggression against Ukraine, China involves in the conflict on the side of the aggressor, to avoid any possible dual or direct use, jeopardising EU and/or Ukrainian security.
Amendment 49 #
2023/2072(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Calls on the European Commission and China to explore coordinated ways to boost trade and investment, looking to better adaptation of China to EU legislation and to the international and multilateral trade provisions.
Amendment 50 #
2023/2072(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Calls on the Commission to fully put in force the recently developed legislation and mechanisms to address the unbalanced trade relationship and mitigate EU vulnerabilities, such as the screening of Foreign Direct Investment, the review of Trade Defence Instruments, the International Procurement Instrument, the EU Foreign Subsidies Regulation, the export controls, the anti- coertion instrument the Critical Raw materials proposal, the Net Zero Industries Act, and the European Economic Security Strategy. Calls on China to cooperate to level the playing field limiting the assistance and the intervention in Chinese companies and removing the restrictions of European companies’ access.
Amendment 58 #
2023/2072(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission and the Member States to strengthen the EU strategic autonomy notably by building diversified, secure and resilient supply chains and by increasing its actions in key areas such as research and development, cutting-edged technologies, critical raw materials, reindustrialisation and new infrastructures.
Amendment 61 #
2023/2072(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the Commission to design actions to reduce the risks for EU own security and to develop internal resilience, strenghthening the security and integrity of its critical infrastructures, the supply chains and the technology base, notably the 5G and 6G networks, all of them essential for our normal economic activity and trade; calls the Commission and the Member States to review their networks security toolbox.
Amendment 63 #
2023/2072(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Calls on the Commission, the EU institutions and the Member States to terminate any research funding to Chinese companies active in the areas of critical and strategic importance for the EU, such as ICT, and to channel risks related to contracting operators using Chinese equipment.
Amendment 64 #
2023/2072(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Calls on China to put in place and implement a responsible digital governance, with respect for privacy rights, freedom of expression and the rule of law in its digital governance policies, in the framework of WTO and multilateral standards; calls on the Commission to assess other areas under risk such as the semiconductors, quantum computing, blockchains, space, AI or biotechnologies, and consider legislation or tools for further protection against malicious software and cyber espionage.
Amendment 65 #
2023/2072(INI)
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Requires the Commission to share with the European Parliament, before the end of this parliamentary term, a detailed analysis of the risks for EU trade, regarding the semiconductors, quantum computing, blockchain, space, AI or biotechnologies and the possible need of EU action in these fields.
Amendment 57 #
2023/2065(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that trade irritantdiscrepancies have occurred in relation to sanitary and phytosanitary (SPS) measures, in particular for poultry and citrus fruits; calls on the Commission and the SADC EPA States to use the forums and cooperation mechanisms agreed under the EPA to address changes in SPS regulations and problems related to SPS measures at an early stage and in a cooperative atmosphere so that appropriate action can be taken in a timely manner; appreciates that the Commission has given technical and financial support to our partners to comply with the requirements of the sanitary and phytosanitary measures and calls for a thorough monitoring of the work to reduce health risks;
Amendment 1 #
2023/2059(INI)
Draft opinion
Recital A
Recital A
A. whereas European ports are a key artery for EU and global trade, with 74 % of goods entering or leaving the EU by sea; whereas, in addition to its strategic function, ports are taking up an increasingly important role as the anchor of social and economic growth of the regions as well as in the supply, production, provision and storage of energy, and greening of transport and industry;
Amendment 9 #
2023/2059(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that geopolitical tension and supply chain disruption, alongside Russia’s war of aggression against Ukraine, represent significant challenges for the efficient operation ofduring the pandemic, ports have played a crucial role in ensuring the continuance of emergency supply chains; highlights that also in the new geopolitical context, alongside Russia’s war of aggression against Ukraine, the essential role of ports in keeping supply chains operational and setting up new alternative routes, including humanitarian lanes and solidarity lanes for Ukrainian exports, is again coming to the forefront; further underlines that European ports are pivotal in safeguarding energy supplies and in reducing energy dependency from Russia and will remain instrumental in repowering Europe in the short term, by enhancing the setting up of alternative routes for the provision of gas and increasing gas storage; in parallel, stresses that ports are and will be key in reinforcing efforts to prepare for a fossil- free energy landscape in Europe an ports; d will play an important role in the greening of transport, industry and energy generation;
Amendment 10 #
2023/2059(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to the Joint Communication to the European Parliament, the European Council and the Council on “European Economic Security Strategy” of 20 June 2023 (JOIN(2023) 20 final)
Amendment 16 #
2023/2059(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
– having regard to Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market
Amendment 17 #
2023/2059(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights that an open, fair, sustainable and assertive EU trade policy, coupled with ambitious trade agreements, would strengthen the competitiveness and resilience of European portsare key for the competitiveness and resilience of European ports and for Europe’s growth and prosperity; recognises that Europe’s maritime manufacturing capabilities are essential to the Union's maritime strategic autonomy, innovation and sustainable growth as well as to the EU's ambitions to lead the twin green and digital transitions; believes that the EU Regulation on Foreign Subsidies and autonomous tools are essential to preserve and foster the European maritime industrial base;
Amendment 17 #
2023/2059(INI)
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
– having regard to the Commission Regulation (EC) No 906/2009 of 28 September 2009 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia),
Amendment 25 #
2023/2059(INI)
Motion for a resolution
Recital A
Recital A
A. whereas our ports are the European Union’s gateways to the world, the backbone of the EU economy and competitiveness, and an entry into the Blue Economy, and as such play a crucial role in our economy, providing wealth and jobs, both by facilitating external trade and in the energy transitionvestment, and connecting to the hinterland;
Amendment 29 #
2023/2059(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the implementation of recent or pending EU legislation, including in the field of trade, will require investment and training for port operators and authorities; acknowledges that ports require significant investments to implement the obligations stemming from the Fit for 55 package and to be able to play their role in the green transition; underlines the importance of emerging technologies and digitalisation in European ports and the need to stimulate investment in the uptake of innovative solutions and support the digital transition in the port sector; recalls the importance of promoting sustainable investments in European ports, such as in electrification, hydrogen production, offshore wind energy, it will be key to boost ports' rail connections to TEN-T networks and to avoid botlenecks in these networks;
Amendment 30 #
2023/2059(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas ports are crucial energy hubs that are vital for the supply, production, provision and storage of energy and are therefore crucial assets in the EU’s quest to become strategically autonomous and more resilient;
Amendment 34 #
2023/2059(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas ports have played an indispensable role in EU crisis management, by ensuring the continuance of supply chains and setting up of alternative routes;
Amendment 35 #
2023/2059(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas ports have taken on renewed importance from a military and defence point of view;
Amendment 39 #
2023/2059(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that in certain cases foreign trade andThe lack of an effective and efficient investment can causd trade defense policy can produce security vulnerabilities, in particular with regard to foreign ownership, control or access to EU critical infrastructure, including European ports; believes that foreign investments in essential and critical infrastructure that might enable effective participation or control (direct or indirect) in the management of the port should be thouroughly scrutinized; underlines that foreign investments, from state backed companies or state subsidies in all forms, that enable effective participation or direct or indirect control in the management of the port, should be avoided; considers that, in order to strengthen Europe's resilience, competetion on an equal footing must be ensured and that the level playing field and Europe's competitiveness can not be undermined with distortive foreign subsidies in European Ports;
Amendment 39 #
2023/2059(INI)
Motion for a resolution
Recital B
Recital B
B. whereas ports carry out a vital public service, are making the transition towards carbon neutrality, strengthen the EU’s objective to make supply chains more resilient, and are enablers in the just transition, and should hence be valued as such;
Amendment 44 #
2023/2059(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas ports are essential for the decarbonization of waterborne transport, in accordance with the objectives of the European Green Deal and related legislation;
Amendment 45 #
2023/2059(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Amendment 46 #
2023/2059(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas ports are part of a wider waterborne eco-system comprising a wide range of activities, including shipping, shipbuilding, maritime equipment manufacturing, inland navigation, and logistics;
Amendment 49 #
2023/2059(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, while competition between ports is beneficial, a race to the bottom between them at the cost of security or, increased foreign control via investmenpolitical influence or foreign control by non-EU entities, or societal and or environmental costs should be avoided;
Amendment 53 #
2023/2059(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that a well-functioning Customs Union is fundamental to the EU’s competitiveness, sustainability and resilience; believes that a reformed and strengthened Customs Union with a common customs code will preserve the integrity of the Single Market, helping to maintain EU competitiveness in the twin green and digital transitions and avoid unfair competition between European ports;
Amendment 56 #
2023/2059(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Believes that tackling ‘port shopping’, a practice undermining the integrity of the EU internal market whereby traders target certain ports for products to enter the Single Market, is key; notes that currently customs controls are largely based on automated and targeted risk management, and that Member States employ national systems with national data to do this; underlines the urgency to have in place harmonised customs controls in all European ports to avoid different application of sanitary or due diligence standards;
Amendment 60 #
2023/2059(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recalls that the regulation on the screening of foreign direct investments2 addresses risks to security and public order resulting from investments from third countries, including those concerning European ports; believes the forthcoming review of the FDI Regulation should make foreign direct investment screening system mandatory in all Member States; considers that assessments on the basis of this Regulation should be more binding and take place within a reasonable timeframe safeguarding the attractiveness of Europe for new investments; _________________ 2 Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (OJ L 79I, 21.3.2019, p. 1).
Amendment 67 #
2023/2059(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Emphasises the considerable role that the Global Gateway could play in strengthening the network of European ports with third countries, facilitating trade and expanding investment opportunities, hence creating mutually beneficial partnerships and promoting sustainable value chains; highlights in this regard the importance for the EU to step up its economic diplomacy.
Amendment 71 #
2023/2059(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Underlines the importance of a healthy, competitive and diversified maritime and logistics environment for ports; points however to the increasing market power of a small amount of stakeholders, in particular shipping lines, that risks to affect the fair power balance and level playing field between the different actors in the port ecosystem; as such, emphasizes the importance of effective and timely dialogue between ports and other logistics stakeholders in order to ensure well-functioning supply chains and avoid stranded assets.
Amendment 74 #
2023/2059(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that the maritime and port sector are characterized by different governance structures, and have different means to allow investments, ranging from licensing and concession schemes, over the granting of ownership of port infrastructure, to full operational power over port authorities;
Amendment 75 #
2023/2059(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Considers that port concessions and lease contracts, whereby the port managing body sets conditions under which a terminal should be operated (e.g. on operational, social, environmental, or security grounds) are an important tool for the port managing bodies to safeguard control and intervene in case of breaches of contract;
Amendment 76 #
2023/2059(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Cautions against the increasing Chinese presence in port infrastructure (mostly terminals), both in seaports and inland ports, as well as hinterland operations;
Amendment 87 #
2023/2059(INI)
2a. Asks the Commission to further research the specific impact on local and EU economic indicators (such as employment and trade) from non-EU investments in European ports to accurately understand implications of decreasing non-EU influence;
Amendment 112 #
2023/2059(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the importance of information sharing about threats and opportunities, and increasing EU cooperation in screening and blocking inbound investments in critical infrastructures, where major negative impacts on other Member States or the whole EU cannot be excluded, in a spirit of finding a balance between keeping an open investment environment, and mitigating potential risks ;
Amendment 139 #
2023/2059(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Suggests that all Member States introduce laws to retake control of ports, terminals and other maritime infrastructure and develop contingency plans for a major conflict scenario; highlights repeated warnings by intelligence agencies against the risks of economic dependence, espionage and sabotage caused by the economic presence of entities from non-EU countries in our critical infrastructure and strategic sectors, such as portsdevelop contingency plans for a major conflict scenario; calls on the European Commission in coordination with the Member States, to design a rapid mechanism of response, in case of detection of dual use, or misuse, of the infrastructures in the EU, which are under property, participation or concession to non-EU state-backed entities, that could lead to the cancellation of the rights of concession, and/or the suspension of the capacity of domain in the cases or property and participation;
Amendment 153 #
2023/2059(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls upon the European Commission and Member States to identify strategic fleets for Europe’s defence and security, trade, energy and food supply and the Blue Economy;
Amendment 154 #
2023/2059(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Warns that with accelerated digitalization comes an increased risk of cyber-attacks, with significant knock-on effects for society; asks the Commission to further research and collect data on the coverage and risks of non-EU companies’ involvement in cyber and data security in critical infrastructure;
Amendment 159 #
2023/2059(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Asks the Commission to support cyber resilience, by urging ports to increase their monitoring capacity and support the development of comprehensive contingency plans; stresses that the Commission should support this development by sharing guidelines, providing training and adequate financial means, as well as providing access to data and intelligence;
Amendment 163 #
2023/2059(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Asks the Commission to support and facilitate the sharing of best practices on digital innovation and cybersecurity among ports and member states;
Amendment 164 #
2023/2059(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Stresses the importance of cooperation between ports, and with European, national, regional and international institutions to gain information on threat vectors or intelligence indicators, ensuring a more coordinated support towards threat analysis so ports can optimize their resilience and contingency planning;
Amendment 173 #
2023/2059(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that EU ports are key entry points for illicit drugs and calls on the Commission to present measures for effective European cooperation to combat drug trafficking, extraction and criminal subversion; welcomes in this respect the Commission’s intent to combat drug trafficking with an EU coordinated approach; further highlights the need to combat all kinds of transnational organized crime;
Amendment 183 #
Amendment 207 #
2023/2059(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Reiterates the importance of the targets of climate neutrality as set in the new growth strategy of the EU (Green Deal), including for the maritime and ports sector;
Amendment 208 #
2023/2059(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Highlights the crucial role that ports can play as enablers of the green transition, where industrial policy and climate policies can go hand in hand; asks the Commission to raise awareness around existing best practices and case studies in leading EU ports and to enhance cooperation between ports in the Union and between Member States to share such best practises;
Amendment 209 #
2023/2059(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Asks the Commission to carry out an in-depth analysis (including a societal and environmental cost-benefit analysis) on a potential ship capacity maximum to call in EU ports (harmonised across all EU ports), striking a balance between ports’ competitiveness, societal return, labour conditions in ports, and climate gains;
Amendment 210 #
2023/2059(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. Asks the Commission to prioritize ports in its Circular Economy strategy and assist Member States and local Port Authorities by providing guidance on implementing projects related to circularity;
Amendment 211 #
2023/2059(INI)
Motion for a resolution
Paragraph 17 e (new)
Paragraph 17 e (new)
17e. Highlights that ports are air pollution hotspots, especially during peak congestion; stresses the need for increased monitoring and prevention measures for air pollution from ships; asks the Commission to take steps towards pollution free port areas;
Amendment 212 #
2023/2059(INI)
Motion for a resolution
Paragraph 17 f (new)
Paragraph 17 f (new)
17f. Stresses that collaboration and forming strong cooperative networks beyond the ports’ territories will be key in making the green transition a success;
Amendment 213 #
2023/2059(INI)
Motion for a resolution
Paragraph 17 g (new)
Paragraph 17 g (new)
17g. Asks the Commission to deliver on its Modal Shift ambition as put forward in the Green Deal and tackle the remaining challenges on inland waterways and, especially, rail freight to boost its uptake in ports and their connectivity to the hinterland;
Amendment 215 #
2023/2059(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Underlines that an energythe just transition in ports will not be possible without a skilled workforce; urges the Commission to provide future-proof training, education and life-long learning opportunities to put port workers in the center of the digital and green transition, and to make the industry more attractive to women;
Amendment 221 #
2023/2059(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Reiterates the important societal role of ports in providing many direct and indirect jobs and stresses the need to safeguard fair and safe working conditions for all port and maritime workers;
Amendment 224 #
2023/2059(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Highlights that crisis episodes have shown that seafarers, crew members, fishers and port workers are essential ‘front line’ workers and their wellbeing is vital to keep the world moving;
Amendment 225 #
2023/2059(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Asks for data on (direct and indirect) employment across all EU ports to be included and made publicly accessible in the Eurostat database; underlines the importance of data on maritime accidents to be recorded and made transparent;
Amendment 226 #
2023/2059(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18d. Asks the Commission to address social dumping in the maritime sector, especially related to third-nationals on board of ships docking into EU ports and to increase the number of social inspections as well as to improve monitoring;
Amendment 227 #
2023/2059(INI)
Motion for a resolution
Paragraph 18 e (new)
Paragraph 18 e (new)
18e. Reiterates the importance of social dialogue, in which all stakeholders involved in the maritime supply chain should take part, to ensure that the digital and green transitions do not happen on the shoulders of workers;
Amendment 228 #
2023/2059(INI)
Motion for a resolution
Paragraph 18 f (new)
Paragraph 18 f (new)
18f. Highlights the importance of strong port worker statutes, to ensure jobs are safe and well-regulated across EU ports;
Amendment 237 #
2023/2059(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Underlines the importance of a healthy, competitive and diversified maritime and logistics environment for ports; points however to the increasing market power of a small amount of stakeholders, in particular shipping lines, as a result of market consolidation and vertical integration, that risks to affect the fair power balance and level playing field between the different actors in the port ecosystem, with significant social, environmental implications and financial costs for society; asks the Commission to no longer extend the Consortia Block Exemption Regulation;
Amendment 242 #
2023/2059(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Emphasizes the importance of effective and timely dialogue between ports and other logistics stakeholders (including shipping lines) in order to ensure well-functioning supply chains, avoid stranded assets, and to increase transparency about mutual needs;
Amendment 243 #
2023/2059(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. Highlights that ports play a crucial role in a well-functioning Customs Union, which is fundamental to the EU’s competitiveness, security, sustainability and resilience;
Amendment 255 #
2023/2059(INI)
21. Recalls that ports are not stand- alone assets as they have their place in a vast the waterborne ecosystem of maritime logistics and supply chains driven by demand from European importers and exporters;
Amendment 262 #
2023/2059(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines the importance of the EU Global Gateway initiative as a strategic global alternative to the Chinese Belt and Road Initiative; emphasizes the potential of Global Gateway projects in the maritime industry (e.g. port infrastructure, hinterland road and rail connection, green hydrogen) to create a network of ports that facilitate trade and investment, and leads to mutually beneficial partnerships;
Amendment 267 #
2023/2059(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the urgent need for improving the strength and capacity of hinterland connections in a sustainable way with particular links to inland waterways and rail connection, particularly those that are part of TEN-T;
Amendment 274 #
2023/2059(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines the importance of maritime manufacturing and equipment in the EU as a foundation for maintaining a thriving maritime logistical sectorwaterborne sector, for Europe’s resilience and strategic autonomy, for promoting innovation, and for strengthening the EU's ambitions to lead the twin green and digital transitions;
Amendment 276 #
2023/2059(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Asks the Commission to assess and lay down clear and operational classifications and definitions on maritime equipment and monitor patterns and changes in terms of market shares;
Amendment 277 #
2023/2059(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Calls on the Commission to research and assess the impact of Europe’s dependence on foreign shipbuilding and maritime equipment manufacturing (especially equipment necessary for port infrastructure) and take adequate measures to enhance the competitiveness and resilience of Europe’s shipyards and their entire supply chains;
Amendment 278 #
2023/2059(INI)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25c. Calls upon the European Commission to ensure a level playing field and that Europe’s competitiveness in the waterborne ecosystem, including EU ports, is not undermined by distortive foreign subsidies; asks the Commission to identify possible legal gaps on Regulation (EU) 2022/2560 on competitive distortions from foreign subsidies and take legislative initiatives to solve these gaps;
Amendment 281 #
2023/2059(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Highlights the strong acceleration in the digitalization in many EU ports in recent years; believes this can be an enabler for Europe's competitiveness, energy transition and sustainability, innovation capacity, and fight against organized crime;
Amendment 285 #
2023/2059(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Underlines the importance of the creation of an enabling regulatory framework that ensures ports can be a front-runner in technological innovation; emphasizes that ports are critical infrastructure and that technological legislation should take this distinct nature into account and provide for a harmonised approach towards the use of innovative technologies;
Amendment 286 #
2023/2059(INI)
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26c. Encourages the European Commission to support and facilitate the roll-out of digital innovations, such as drones, AI, smart shipping, etc., in the context of a port environment by allowing and encouraging for testbed environments;
Amendment 288 #
2023/2059(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission to present a comprehensive port strategy addressing the aforementioned issues, to recognize the strategic nature of ports as critical infrastructure and to anchor this in a holistic strategy that brings together a harmonized European view and vision;
Amendment 291 #
2023/2059(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Asks the Commission to approach ports from a multi-disciplinary perspective, and as part of a waterborne ecosystem, and to come forward with such a holistic framework and strategy by the end of 2024;
Amendment 292 #
2023/2059(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Asks the Commission to raise awareness among and support Ports and relevant Member States authorities related to the implementation of existing and new European initiatives and legislation;
Amendment 293 #
2023/2059(INI)
Motion for a resolution
Paragraph 27 c (new)
Paragraph 27 c (new)
27c. Asks the Commission to take ownership in accelerating the green and digital transition, also by increasing its capacity in people and means to enhance dialogue and commitment with ports and relevant Member State authorities;
Amendment 294 #
2023/2059(INI)
Motion for a resolution
Paragraph 27 d (new)
Paragraph 27 d (new)
27d. Emphasizes that adequate funding and financing instruments will need to be allocated to ports to remain competitive, play an enabling role in the green transition, and contain risks of foreign influence; asks the Commission to increase the percentage funding designated to ports under the Connecting Europe Facility and Innovation Europe funding schemes;
Amendment 68 #
2023/0265(COD)
Proposal for a directive
Recital 9
Recital 9
(9) European Modular Systems (EMS) have been used and trialled at length and have proven to be an interesting solution to improve the economic and energy efficiency of transport operations, while ensuring road safety and protection of infrastructure, thanks to their confinement to adequate parts of the road networks. Given national specificities, different economic interests, transportation needs and diverse transport infrastructure capacities in Member States, they are best placed to assess and authorise the circulation of EMS on their territories. At the same time, to enlarge the positive socio-economic and environmental impacts of the use of EMS, it is crucial to remove unnecessary barriers to their use in cross- border operations between neighbouring Member States that allow such vehicle combinations on their territories, without limitation in the number of borders crossed as long as they comply with the maximum authorised weights and dimensions for EMS established by Member States within their respective territories. This is to ensure that EMS used in cross-border operations comply with the common lowest weight and dimension limit for EMS applicable in those Member States. In the interests of safety of operations, transparency and legal clarity, common conditions should be established for the circulation of EMS in national and international traffic, including providing clear information on the weights and dimensions limits for EMS and on parts of the road network compatible with specifications of such vehicles, and monitoring the impacts of the use of EMS on road safety, on the road infrastructure, on modal cooperation, as well as the environmental impacts of European Modular Systems on the transport system, including the impacts on modal share. The clear definition of EMS in this Directive guarantees that EMS are composed of standard vehicle units to ensure compatibility with other transport modes, notably rail.
Amendment 72 #
2023/0265(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The transport of indivisible loads carried out by vehicles or vehicle combinations exceeding the maximum weights or dimensions and the use of EMS, given their needs for additional safety features and for suitable infrastructure, require that special attention is given to elements such as transparency of relevant information, legal certainty and harmonisation of the permit processes. It is therefore necessary for Member States to establish a single electronic information and communication system containing all the relevant information regarding the operational and administrative conditions for the transport of indivisible loads and for the use of EMS, in a clear and easily accessible manner. This national system should also enable the operators to obtain the information and submit electronically the application, in an EU standardised format, for special permits for the carriage of indivisible loads in the Member State concerned. These permits should be issued in an electronic format and it should be possible to carry out an abnormal transport using this electronic document. In addition, that national system should provide information on the national maximum authorised dimensions and weights of vehicles and vehicle combinations, information on possible restrictions, in particular on height, as well as on the minimum qualifications requirements for drivers. To ensure that operators and citizens can access all relevant information in one place, a dedicated European web portal connecting the national electronic and communication systems and providing, among others, a clear graphic overview of the roads on which EMS are allowed to circulate in the relevant Member States, should be established by the Commission, at the latest by [6 months after the date of transposition of this Directive].
Amendment 94 #
2023/0265(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Similarly to the need for extra space, current standards are also not suitable to compensate for the extra weight of zero-emission heavy-duty vehicles, in particular in long distance transport. Additional weight and axle weight are necessary for vehicle combinations including a zero-emission motor vehicle combinations, as well as to the most common passenger vehicles in use in the Union. Lighter technologies and better aerodynamics will render the use of zero- emission propulsion systems more efficient (for example, to allow for longer range travelled and longer battery life) by reducing their energy consumption. To provide additional incentives to the deployment of zero- emission heavy-duty vehicles, to promote technological development, as well as the equipment of vehicles with improved aerodynamics, extra weight allowances should therefore be disconnected from the weight of the zero-emission technology.
Amendment 96 #
2023/0265(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Effective, efficient, and consistent enforcement of the rules is of utmost importance to ensure undistorted competition between operators and eliminate risks to road safety and to road infrastructure posed by vehicles unlawfully exceeding the applicable weights or dimensions. To better target roadside controls at overloaded vehicles, and if they choose to use automatic systems on the road infrastructure, Member States should ensure as a minimum the deployment of such systems in the trans-European road transport network. Moreover, for reliability and consistency of the enforcement across the Union, the mandatory minimum level of controls to be performed by Member States should be established in proportion to the level of traffic on their territories by the vehicles within scope of this Directive, including an appropriate number of controls during night hours. Certified automatic systems should be able to recognise vehicles or vehicle combinations which exceed the maximum authorised weights and have a derogation based on a special permit or a similar arrangement. This will avoid unjustified penalties and save administrative costs for both operators and Member States.
Amendment 106 #
2023/0265(COD)
Proposal for a directive
Recital 19
Recital 19
(19) To promote the growth of multimodal transportation system, in particular in combination with rail transport, containerised transport should be further facilitated by allowing extra height to road vehicles to transport high- cube containers.
Amendment 112 #
2023/0265(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission to establish an EU common standard application form and harmonise the rules and procedures for the issuing of national permits or similar arrangements for vehicles or vehicle combinations which exceed the maximum weights and/or dimensions and are intended to carry indivisible loads, to establish a standard reporting format for Member States to comply with their reporting obligations, and to establish temporary exceptions from the application of the weights and dimensions limits used in international traffic between Member States affected by a crisis. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council45 . __________________ 45 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 134 #
2023/0265(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 96/53/EC
Article 4 – paragraph 3 – second subparagraph
Article 4 – paragraph 3 – second subparagraph
Member States shall ensure that the procedure for obtaining permits or similar arrangements for the transport of indivisible loads is smooth, efficient and non-discriminatory, by providing an EU common standard application form and by minimising administrative burdens and avoiding unnecessary delays.
Amendment 136 #
2023/0265(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 96/53/EC
Article 4 – paragraph 3 – third subparagraph
Article 4 – paragraph 3 – third subparagraph
Member States shall guarantee that the conditions under which the permits or similar arrangements related to the transport of indivisible loads are issued are proportionate and non-discriminatory. In particular, Member States shall cooperate to issue the permits or similar arrangements in an electronic format as well as to avoid the multiplicity of vehicle markings and signalling, and to favour the use of pictograms over text. Member States shall also cooperate to harmonise rules on the prescribed use, markings and signs for escort vehicles. Member States shall not impose language requirements related to the transport of indivisible loads.
Amendment 194 #
2023/0265(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 96/53/EC
Article 4a – paragraph 2
Article 4a – paragraph 2
2. The Commission may adopt implementing acts establishing an EU common standard application form and harmonising the rules and procedures for the issuing of national permits or similar arrangements referred to in paragraph 1 of this Article and in Article 4(3). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10i(2).
Amendment 228 #
2023/0265(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a
Article 1 – paragraph 1 – point 8 – point a
Directive 96/53/EC
Article 9a – paragraph 1
Article 9a – paragraph 1
1. Vehicles or vehicle combinations which comply with Regulation (EU) 2018/858 may exceed the maximum lengths laid down in point 1.1 of Annex I to this Directive provided that their cabs deliver improved aerodynamic performance, energy efficiency and, safety performance and driver comfort. Any excess of the maximum lengths allowed under this Article may also be used to install zero-emission technology. Vehicles or vehicle combinations equipped with such cabs shall comply with point 1.5 of Annex I to this Directive and any exceeding of the maximum lengths shall not result in an increase in the load capacity of those vehicles.
Amendment 237 #
2023/0265(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 96/53/EC
Article 10c
Article 10c
The maximum lengths laid down in point 1.1 of Annex I, subject where applicable to Article 9a(1) and 10b(2), and the maximum distance laid down in point 1.6 of Annex I, may be exceeded by 15 cm for vehicles or vehicle combinations engaged in the transport of 45-foot or 48-foot containers or 45-foot swap bodies, empty or loaded, provided that the road transport of the container or swap body in question is part of an intermodal transport operation.;
Amendment 238 #
2023/0265(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a
Article 1 – paragraph 1 – point 13 – point a
Directive 96/53/EC
Article 10d – paragraph 1 – new subparagraph
Article 10d – paragraph 1 – new subparagraph
Certified automatic systems shall be linked to the single national entry point for special permits or similar arrangement set out in Article 4a in order to be able to recognise vehicles or vehicle combinations which exceed the maximum authorised weights and are in possession of a special permit.
Amendment 261 #
2023/0265(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall adopt and publish, by [date-of-adoption+21 years] 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. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Amendment 15 #
2023/0260R(NLE)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas the current international instability highlights the need for the EU to reinvigorate its partnerships with democratic and like-minded countries in order to strengthen its open strategy autonomy and cooperate in all multilateral fora to protect a rules-based international order based on peace, rule of law and sustainable development;
Amendment 17 #
2023/0260R(NLE)
Motion for a resolution
Recital A
Recital A
A. whereas Chile and the EU are close partners in tackling regional and global challenges and are united by shared valuesuniversal values such as democracy and human rights, and close cultural, economic and political ties;
Amendment 19 #
2023/0260R(NLE)
Motion for a resolution
Recital B
Recital B
B. whereas the modernised EU-Chile Advanced Framework Agreement (‘the Agreement’) has the potential to considerably strengthen cooperation between Chile and the EU and extend it to new areas and to support them in tackling new global challenges;
Amendment 25 #
2023/0260R(NLE)
Motion for a resolution
Recital C
Recital C
C. whereas Chile’s main trading partner is currently China, which accounts for 38% of Chile’s total exports and for 30% of its imports; whereas the EU is Chile’s third largest trading partner and its largest source of foreign direct investment; whereas the EU and Chile share a commitment to promoting an open, sustainable, rules- and values-based multilateral trading system with the World Trade Organization (WTO) at its core;
Amendment 64 #
2023/0260R(NLE)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the fact that parliamentary diplomacy is recognised as a pillar of the political dialogue with Chile; praises Chile’s key role in the Parlamento Andino also in the context of the EuroLat Assembly;
Amendment 83 #
2023/0260R(NLE)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers the mutually beneficial Agreement to be an important signal in support of open, fair and rules- and values- based trade, at a time of increasing economic fragmentation and protectionism;
Amendment 86 #
2023/0260R(NLE)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that over 95 % of trade between the EU and Chile will be duty-free under the Agreement; points out that 216 European geographical indications will be protected under the new agreement, in addition to the 1 573 wines and 235 spirit drinks already protected; highlights that the extension of geographical indications agreed by EU and Chile is an important step forward in the protection of EU geographical indications at the global level;
Amendment 90 #
2023/0260R(NLE)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Welcomes the fact that the chapter on trade and sustainable development (TSD) contains ambitious and binding commitments on environmental and labour standards; notes that in their joint statement on trade and sustainable development attached to the Agreement, the EU and Chile commit to reviewing the Agreement’s TSD provisions upon its entry into force;
Amendment 91 #
2023/0260R(NLE)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Welcomes the inclusion of the rights of indigenous peoples under the TSD chapter; notes that ILO Convention No 169 is not explicitly mentioned; acknowledges that this convention is key for upholding the rights of indigenous peoples in Chile and the EU when it comes to our trade relations; stresses the importance of abiding by ILO Convention No 169;
Amendment 96 #
2023/0260R(NLE)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the inclusion of a stand- alone dedicated chapter on trade and gender, the first of its kind in an EU trade agreement, which includesrecognizes the importance of incorporating a gender perspective into the promotion of inclusive economic growth, and the key role that gender-responsive policies can play in this regard; strongly supports the inclusion of a number of binding commitments to eliminate barriers and discrimination against women, promote women’s economicgender equality and women’s empowerment and ensure that international trade benefits all; expects the Commission to build on this precedent in all future trade negotiations;
Amendment 98 #
2023/0260R(NLE)
Motion for a resolution
Paragraph 20 – subparagraph 1 (new)
Paragraph 20 – subparagraph 1 (new)
Welcomes the Parties’ commitment to promote the development of international trade in a way that is conducive to decent work for all, in particular women, young people and persons with disabilities, in line with their respective obligations under the ILO; calls on Chile to swiftly ratify the ILO’s Occupational Safety and Health Convention (C155); points to the fact that in 2021 informal employment in Chile accounted to 27.4% of total employment;
Amendment 99 #
2023/0260R(NLE)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Underlines the importance of fighting against all sort of human rights violations and to effectively eradicate economic and any discrimination against indigenous people, migrant workers, people with disabilities, LGBTI people and any other vulnerable person;
Amendment 100 #
2023/0260R(NLE)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20 b. Notes that Chile is a major destination for migrants from other Latin American countries, particularly Venezuela, and that in the last years migrants have grown to almost 8% of the total population; acknowledges the Government’s effort to successfully integrate the migrant population, most of which lacks of social protection because jobless or employed in the informal economy; invites the Chilean authorities to design and implement a comprehensive policy to ensure accessible and affordable regularisation for migrant workers and their families who are in an irregular situation;
Amendment 113 #
2023/0260R(NLE)
Motion for a resolution
Paragraph 22
Paragraph 22
22. EmphasisesIs convinced that the provisions on investment liberalisation and investment protection will further boost sustainable investments in both directions by guaranteeing that investors from both sides will be granted fair and non-discriminatory treatment; stresses that these provisions are fully aligned with the EU’s reformed approach on investment protection;
Amendment 137 #
2023/0260R(NLE)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Emphasises Chile’s leading role as a major supplier of critical raw materials, including those that are essential for the green and digital transitions, such as lithium and copper; stresses that theis mutually beneficial Agreement will ensure non-discriminatory access of EU companies to Chilean raw materials, while leaving sufficientthe proper policy space for Chile to create local added value; believes that the EU should actively support Chile in its efforts to move up the value chain; is convinced that the exploitation of raw materials should be carried out in an environmentally and socially sustainable manner, and that it should benefit local communities, including indigenous communities;
Amendment 138 #
2023/0260R(NLE)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 146 #
2023/0260R(NLE)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 153 #
2023/0260R(NLE)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Welcomes an institutionalised mechanism for involving civil society organisations in the implementation of the Agreement and the strengthening of the Domestic Advisory Groups; stresses the important role of civil society organisations and the domestic advisory groups in the monitoring and implementation of the agreement; calls on the Commission and on the Chilean authorities to ensure the active and meaningful involvement of civil society, including indigenous representatives, in the monitoring of the Agreement’s implementation; expects close cooperation between the EU and Chilean domestic advisory groups;
Amendment 155 #
2023/0260R(NLE)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Urges the institutions to implement quickly and make all resources available so that SMEs and women can benefit from the roll-out of the agreement as soon as it is approved;
Amendment 96 #
2023/0226(COD)
(21) Decisions declaring the category 1 NGT plant status should assign an identification number to the NGT plant concerned in order to ensure transparency and traceability of such plants when they are listed in the database and for the purpose of labelling of plant reproductive material derived from them.
Amendment 114 #
2023/0226(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Provision should be made to ensure transparency as regards the use of category 1 NGT plant varieties, to ensure that production chains that wish to remain free from NGTs can do so and thereby safeguard consumer trust. NGT plants that have obtained a category 1 NGT plant status declaration should be listed in a publicly available database. To ensure traceability, transparency and choice for operators, during research and plant breeding, when selling seed to farmers or making plant reproductive material available to third parties in any other way, plant reproductive material of category 1 NGT plants should be labelled as category 1 NGT.
Amendment 159 #
2023/0226(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Herbicide tolerant plants are bred to be intentionally tolerant to herbicides, in order to be cultivated in combination with the use of those herbicides. If such cultivation is not done under appropriate conditions, it may lead to development of weeds resistant to those herbicides or to the need to increase of quantities of herbicides applied, regardless of the breeding technique. For this reason, NGT plants featuring herbicide-tolerant traits should not be eligible for incentives under this framework. However, tThis Regulation should not take other specific measures on herbicide tolerant NGT plants, because such measures are taken horizontally in [the Commission’s Proposal for a Regulation of the European Parliament and of the Council on the production and marketing of plant reproductive material in the Union].
Amendment 168 #
2023/0226(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The special rules laid down in this Regulation concerning the authorisation procedure for category 2 NGT plants are expected to result in more cultivation in the Union of category 2 NGT plants compared to the situation so far under the current Union GMO legislation. That renders necessary for Member States’ public authorities to define coexistence measures for category 2NGT plants to balance the interests of producers of conventional, organic and GM plants and thereby allow producers a choice between different types of production, in line with the Farm to Fork Strategy’s target of 25 % of agricultural land under organic farming by 2030.
Amendment 206 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘targeted mutagenesis’ means mutagenesis techniques resulting in modification(s) of the DNA sequence at precisetargeted locations in the genome of an organism;
Amendment 229 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 – point b a (new)
Article 3 – paragraph 1 – point 7 – point b a (new)
(b a) for which it is not feasible to provide an analytical method that detects, identifies and quantifies;
Amendment 237 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘NGT product’ means a product, other than food and feed, containing or, consisting of aor produced from NGT plants and food and feedother products containing, or consisting of or produced from such a plants;
Amendment 252 #
2023/0226(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
(2) the plant is a category 2 NGT plant and has been granted consent or has been authorised in accordance with Chapter III.
Amendment 254 #
2023/0226(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2 a (new)
Article 4 – paragraph 1 – point 2 a (new)
(2 a) The implementation, enforcement and application of this Regulation shall not have the object or effect of preventing or impeding imports from third countries of NGT plants and products that meet the same standards as those laid down in this regulation.
Amendment 278 #
2023/0226(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. NGT CAT 1 (conventional-like) plants and to products produced from or by such plants, are not subject to provisions established in Article 26b of Directive 2001/18/EC.
Amendment 302 #
2023/0226(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Verification procedure of category 1 NGT plant status for request submitted prior to the deliberate release for any other purpose than placing on the market
Amendment 314 #
2023/0226(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The other Member States and the Commission may make commentreasoned objections to the verification report within 20 days from the date of receipt of that report. These reasoned objections must solely refer to the fulfilment of the criteria as set out in Annex I and must include a scientific justification.
Amendment 331 #
2023/0226(COD)
Proposal for a regulation
Article 6 – paragraph 8
Article 6 – paragraph 8
8. In the absence of any commentreasoned objections from a Member State or the Commission, within 10 working days from the expiry of the deadline referred to in paragraph 7, the competent authority that prepared the verification report shall adopt a decision declaring whether the NGT plant is a category 1 NGT plant. It shall transmit the decision without undue delay to the requester, the other Member States and to the Commission.
Amendment 341 #
2023/0226(COD)
Proposal for a regulation
Article 6 – paragraph 9
Article 6 – paragraph 9
9. In cases where a comment isreasoned objections are made by another Member State or by the Commission by the deadline referred to in paragraph 7, the competent authority that prepared the verification report shall forward the the comment(s)reasoned(s) objection (s) to the other Member Sates and to the Commission without undue delay.
Amendment 357 #
2023/0226(COD)
Proposal for a regulation
Article 6 – paragraph 10
Article 6 – paragraph 10
10. The Commission, after having consulted the European Food Safety Authority (‘the Authority’), shall prepare a draft decision declaring whether the NGT plant is a category 1 NGT plant within 45 working days from the date of receipt of the commentreasoned(s) objection(s), taking the latter into account. The decision shall be adopted in accordance with the procedure referred to in Article 28(2).
Amendment 373 #
2023/0226(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
Verification procedure of category 1 NGT plant status for request submitted prior to the placing on the market of NGT products
Amendment 403 #
2023/0226(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 437 #
2023/0226(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point l
Article 14 – paragraph 1 – point l
(l) methods for sampling (including references to existing official or standardised sampling methods), detection, identification and quantification of the NGT plant. In cases where it is not feasible to provide an analytical method that detects, identifies and quantifies, if duly justified by the notifier, the modalities to comply with analytical method requirements shall be adapted as specified in the implementing act adopted in accordance with Article 27, pointNGT 2 plant should be considered to fall under category 1 as to Article 3 (e7) and the guidance referred to in Article 29(2(ba);
Amendment 465 #
2023/0226(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The incentives in this Article shall apply to category 2 NGT plants and category 2 NGT products, where at least one of the intended trait(s) of the NGT plant conveyed by the genetic modification is contained in Part 1 of Annex IIIicle 52(1) of Regulation (EU) .../... (of Plant Reproductive Material) and it does not have any traits referred to in Part 2 of that Annex.
Amendment 478 #
2023/0226(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
Member States shall take appropriate measures to avoid the unintended presence of category 2 NGT plants in products not subject to Directive 2001/18 or Regulation 1829/2003. These provisions shall not apply to category 1 NGT plants and products produced from or by such plants.
Amendment 486 #
2023/0226(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
Article 26b of Directive 2001/18/EC shall not apply to category 2 NGT plants.
Amendment 497 #
2023/0226(COD)
Proposal for a regulation
Annex I – paragraph 1
Annex I – paragraph 1
A NGT plant is considered equivalent to conventional plants when it differs from the recipient/parental plant by no more than 20 genetic modifications of the types referred to in points 1 to 5, in any DNA sequence sharing sequence similarity with the targeted site that can be predicted by bioinformatic toes not include foreing genetic material from outside the breeder´s gene pools.
Amendment 562 #
2023/0226(COD)
Proposal for a regulation
Annex III – Part 1 – paragraph 1 – introductory part
Annex III – Part 1 – paragraph 1 – introductory part
Traits justifying the incentives referred to in Article 22: are listed in article 52(1) of Regulation (EU) .../... ( of Plant Reproductive Material).
Amendment 565 #
2023/0226(COD)
Proposal for a regulation
Annex III – Part 1 – paragraph 1 – point 1
Annex III – Part 1 – paragraph 1 – point 1
Amendment 568 #
2023/0226(COD)
Proposal for a regulation
Annex III – Part 1 – paragraph 1 – point 2
Annex III – Part 1 – paragraph 1 – point 2
Amendment 569 #
2023/0226(COD)
Proposal for a regulation
Annex III – Part 1 – paragraph 1 – point 3
Annex III – Part 1 – paragraph 1 – point 3
Amendment 573 #
2023/0226(COD)
Proposal for a regulation
Annex III – Part 1 – paragraph 1 – point 4
Annex III – Part 1 – paragraph 1 – point 4
Amendment 575 #
2023/0226(COD)
Proposal for a regulation
Annex III – Part 1 – paragraph 1 – point 5
Annex III – Part 1 – paragraph 1 – point 5
Amendment 576 #
2023/0226(COD)
Proposal for a regulation
Annex III – Part 1 – paragraph 1 – point 6
Annex III – Part 1 – paragraph 1 – point 6
Amendment 578 #
2023/0226(COD)
Proposal for a regulation
Annex III – Part 1 – paragraph 1 – point 7
Annex III – Part 1 – paragraph 1 – point 7
Amendment 580 #
2023/0226(COD)
Proposal for a regulation
Annex III – Part 2
Annex III – Part 2
Amendment 130 #
2023/0156(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Economic operators meeting certain criteria and conditions to be considered compliant and trustworthy traders by customs authorities can be granted the status of AEO and thereby benefit from facilitations in customs processes. While ensuring that the traders dealing with most of Union trade are trustworthy, the AEO scheme suffers from certain weaknesses highlighted in the evaluation of Regulation (EU) No 952/2013 and in the findings of the European Court of Auditors. To deal with those concerns, in particular about the divergent national practices and challenges regarding AEO compliance monitoring, the rules should be amended to introduce the customs authorities’ obligation to monitor compliance at least every 3 yearevery 2 years taking into account the risk and the number of customs procedures and customs formalities.
Amendment 142 #
2023/0156(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) The Member States and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the EU Customs Authority. The composition of the Management Board, including the selection of its Chairperson and Deputy- Chairperson, should respect the principles of gender balance, experience and qualification. Given the Union’s exclusive competence on the customs union, and the close link between customs and other policy fields, it is appropriate that its chairperson is elected from among those Commission representatives. In view of the effective and efficient functioning of the EU Customs Authority, the Management Board should, in particular, adopt a Single Programming Document including annual and multiannual programming, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. The Management Board should be assisted by an Executive Board. A Customs Advisory Board composed of stakeholders is established to to assist the Executive Board and the EU Customs Autority. by giving input on the customs dimensions of other legislation and by sending early warnings in case they have a substantiated concern to suspect that a certain goods imported in the EU is likely to infringe customs legislation or other legislation. The Customs Advisory Board shall include Small Medium Enterprises and take their insights into account
Amendment 144 #
2023/0156(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) The Member States, the European Parliament and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the EU Customs Authority. The composition of the Management Board, including the selection of its Chairperson and Deputy- Chairperson, should respect the principles of gender balance, experience and qualification. Given the Union’s exclusive competence on the customs union, and the close link between customs and other policy fields, it is appropriate that its chairperson is elected from among those Commission representatives. In view of the effective and efficient functioning of the EU Customs Authority, the Management Board should, in particular, adopt a Single Programming Document including annual and multiannual programming, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. The Management Board should be assisted by an Executive Board.
Amendment 145 #
2023/0156(COD)
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
(58 a) In recognition of the evolving landscape of global trade, characterized by the increasing prominence of cross- border e-commerce and the necessity for efficient customs controls, this article advocates for the enhanced use of artificial intelligence (AI) and non- intrusive inspection (NII) technologies in customs operations.
Amendment 146 #
2023/0156(COD)
Proposal for a regulation
Recital 59 a (new)
Recital 59 a (new)
(59 a) Whereas the need for a streamlined, efficient, and accessible approach to manage and disseminate information related to unilateral trade measures and customs data management is increasingly vital for the proper functioning of international trade; Recognizing that companies face significant challenges in complying with various unilateral trade measures due to the complexity and fragmentation of information available; Acknowledging that a unified digital interface, known as the "DataHub," would significantly alleviate these challenges by providing a centralized, user-friendly portal for accessing all relevant information; Understanding that such a system would not only facilitate compliance with unilateral trade measures but also reduce the burden on companies in sourcing this information, thereby promoting more coherent and effective application of these measures; And further recognizing the importance of real-time data availability to customs authorities for the monitoring and management of the movement and status of goods; This amendment seeks to establish the DataHub as a comprehensive digital solution that includes a self-assessment tool for companies. This tool aims to assist in evaluating their compliance with import criteria and enhancing the overall efficiency and effectiveness of trade regulation and management. Through this initiative, the amendment aims to foster a more integrated and coherent approach to unilateral trade measures, thereby contributing to a more streamlined and effective international trade environment.
Amendment 148 #
2023/0156(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) It is necessary to establish common provisions for extenuating or mitigating factors, as well as for aggravating circumstances, with regard to the customs infringements. The limitation period for initiatpartnership between customs and industry, particularly since the introduction of the Authorized Economic Operator (AEO), has demonstrated that, with few exceptions, companies are generally compliant. In light of this, in cases of labor errors, the initial focus should be on collaboratively improving the cbustoms infringement proceedings should be established in accordance with national law and should be between 5 and 10 years, so as to provide for a common rule based oniness process, rather than immediately resorting to punitive measures. Corrections to incorrect data in customs declarations must be facilitated to allow for easy rectification. Penalties and the withdrawal of authorizations should be considered as measures of last resort in response to infringements. Furthermore, the impact of penalties on the company must be proportionate, both in terms of the detected offense and its impact on the company. Penalties should be specifically related to duties and taxes actually foregone, excluding transitory items such as VAT. The limitation period for initiating customs infringement proceedings should be established in accordance with national law and should range between 5 and 10 years. This aligns with the time limitation for the notification of customs debt and provides a common rule. The competent jurisdiction should be the one where the infringement was committed. Cooperation between Member States is necessaryessential in cases where the customs infringement has been committoccurred in more than one Member State; i. In such casinstances, the Member State that first initiates the proceedings should cooperate with the other customs authorities concerned by the same customs infringement.
Amendment 153 #
2023/0156(COD)
Proposal for a regulation
Recital 74 a (new)
Recital 74 a (new)
(74 a) Recognizing the importance of cohesive and informed decision-making in customs operations, it is hereby established that the Customs Advisory Board (CAB) shall engage in cooperation with the Domestic Advisory Groups (DAGs) established under Free Trade Agreements (FTAs). The CAB shall take into account the information provided by these DAGs, acknowledging their crucial role in offering insights and perspectives relevant to trade and customs matters. To facilitate this cooperation, DAGs shall be granted access to the data hub. This access is intended to enable them to retrieve information provided by the Commission within the hub. An obligation to ensure such access and information exchange will be established in an amendment under Title III. This provision aims to streamline the process, making the exchange of relevant information between the CAB and DAGs more efficient and effective. By doing so, it enhances the collaborative efforts and shared knowledge base essential for robust and well-informed customs operations under the framework of FTAs.
Amendment 155 #
2023/0156(COD)
Proposal for a regulation
Recital 74 a (new)
Recital 74 a (new)
(74 a) For transparency purposes, interested parties including Domestic Advisory Groups and customs intermediaries may be given observer status within the Customs Advisory Board established and consulted by the Management Board of the EU Customs Authority.
Amendment 156 #
2023/0156(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article1a This legislation shall be designed in line with the goals of the World Trade Organizations Trade Facilitation Agreement aim to facilitate trade. In this regard 1.1 the customs code of the European Union must establish a reliable framework for the operation of economic stakeholders. 2.1 Adjustments to customs procedures and formalities should be implemented after fulfilling specific communication requirements, where feasible. 2.2 These adjustments will be made only after the customs authorities have provided timely, easily accessible, and understandable information to the economic operators. 3.1 To maintain consistency and reduce complexity, adjustments to customs procedures and formalities will be consolidated and implemented collectively, ideally at the end of the month, wherever feasible.
Amendment 159 #
2023/0156(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) supporting legitimate business activity, by maintaining a proper balance between customs controls and facilitation of legitimate trade and simplifying customs processes and procedures, through robust real –time risk analysis enabled by the EU Customs Data Hub artificial intelligence capabilities as defined in Article 29 (1) (d).
Amendment 171 #
2023/0156(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 64 b (new)
Article 5 – paragraph 1 – point 64 b (new)
(64 b) “shipment at risk - to be assessed before release in the internal market” means a shipment to be segregated and examined by national customs authorities upon arrival at destination;
Amendment 173 #
2023/0156(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 64 c (new)
Article 5 – paragraph 1 – point 64 c (new)
(64 c) “incompliant shipment” means a shipment incompliant with EU rules, to be denied for pick up at origin and/or denied for release in the internal market.
Amendment 174 #
2023/0156(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Customs authorities shall, without delay and at the latest within 3014 calendar days of receipt of the application for a decision, verify whether the conditions for the acceptance of that application are fulfilled.
Amendment 175 #
2023/0156(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1
Article 6 – paragraph 3 – subparagraph 1
Except where otherwise provided, the competent customs authority shall take a decision as referred to in paragraph 1 at the latest within 1290 calendar days of the date of acceptance of the application and shall notify the applicant without delay.
Amendment 178 #
2023/0156(COD)
Proposal for a regulation
Article 23 – paragraph 10 a (new)
Article 23 – paragraph 10 a (new)
10 a. 1.1 The participation of Small and Medium-sized Enterprises (SMEs) and Micro, Small, and Medium-sized Enterprises (MSMEs) in external trade is acknowledged as being of central importance to the economy of the European Union. 2.1 It is recognized that SMEs and MSMEs may face challenges in fully complying with the criteria set forth by the Trust & Check Trader program. 2.2 In cases where SMEs and MSMEs are unable to meet the Trust & Check Trader criteria, it shall be ensured that the existing procedural facilitations for exports will continue to be applicable in a comparable form.This is to support the continuous and effective participation of SMEs and MSMEs in external trade. 2.3 The aim is to provide a balanced approach that recognizes the unique challenges faced by SMEs and MSMEs while maintaining the integrity and security of external trade processes. 3.1 Relevant authorities shall offer support and guidance to SMEs and MSMEs to help them understand and strive to meet the criteria of the Trust & Check Trader program. 3.2 Continuous efforts shall be made to simplify and make the procedures more accessible for SMEs and MSMEs, ensuring their vital role in the EU's external trade is facilitated and promoted.
Amendment 193 #
2023/0156(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) allow forensure the electronic implementation of customs legislation;
Amendment 194 #
2023/0156(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) ensure, as defined in Article 5, the quality, integrity, traceability and non- repudiation of data processed therein, including the amendment of such data;
Amendment 195 #
2023/0156(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point d
Article 29 – paragraph 1 – point d
(d) enablprovide risk analysis, economic analysis and data analysis, including through the use of artificial intelligence systems in accordance with [the Artificial Intelligence Act 2021/0106 (COD)]65 and data mining techniques and tools ; _________________ 65 Regulation (EU) …./.. of the European Parliament and of the Council (OJ L…,../../…., p..). [OJ: Please insert in the text the number of the Regulation contained in document COM(2021) 206 final, 2021/0106(COD)) and insert the number, date, title and OJ reference of that Directive in the footnote.]
Amendment 196 #
2023/0156(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point e
Article 29 – paragraph 1 – point e
(e) enablsure the interoperability of those services and systems with other electronic systems, platforms or environments for the purpose of cooperation in accordance with Title XIII;
Amendment 197 #
2023/0156(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point f
Article 29 – paragraph 1 – point f
(f) integrcoordinate the Efuropean Union Single Window Certificates Exchange System established by Article 4 of Regulation (EU) 2022/2399ther integration of artificial intelligence into customs systems while preserving ethical standards at every stage of the process;
Amendment 199 #
2023/0156(COD)
Proposal for a regulation
Article 29 – paragraph 5 – subparagraph 2 a (new)
Article 29 – paragraph 5 – subparagraph 2 a (new)
Establishment of a Comprehensive Electronic Data System for Unilateral Trade Measures The comprehensive and user-friendly digital interface, known as the "DataHub.", shall also provide access to all information related to unilateral trade measures.It aims to enhance companies' compliance with these measures without imposing additional burdens in terms of information retrieval.Additionally, it will promote greater coherence among various unilateral measures.The system will also include a self-assessment tool for companies to assess their compliance with import criteria, along with the provision of real-time data to customs authorities concerning the movement and status of goods. 2.1 The DataHub shall offer direct access to all information pertaining to unilateral trade measures, including tariffs, quotas, sanctions, and embargoes. 2.2 The system shall integrate an electronic system providing real-time data to customs authorities on the movement of goods and the compliance of relevant entities with all applicable requirements. 2.3 The interface shall prioritize user experience, ensuring accessibility, organization, and up-to-dateness of information. 3.1 The electronic system integrated shall be integrated within the EU Customs Data Hub as established in Article 29. 4.1 A Self-Assessment Tool for companies to evaluate compliance with import criteria shall be included within the DataHub or easily accessible from the DataHub. 4.2 The tool shall provide a step-by-step guide for self-evaluation against established trade criteria. 4.3 It shall enable companies to generate compliance reports for internal audits and record-keeping. 5.1 The DataHub shall be accessible to businesses, trade organizations, and the public, requiring account creation for full access. 5.2 Regular updates and maintenance will ensure the system’s accuracy and relevance. 5.3 Support services and resources will be available for user assistance and navigation of the DataHub. 5.4 The system will enable data sharing within the EU Customs Data Hub. 5.5 Domestic Advisory Groups, under Free Trade Agreements, will provide information to the DataHub relevant to the applicability or circumvention of unilateral trade measures.This information shall be verified and submitted prior to the annual meeting of the customs advisory boards. 6.1 The Directorate General Taxation and Customs union, in cooperation shall oversee the development, implementation, and maintenance of the DataHub and its integrated electronic system. 6.2 Regular reviews and audits shall ensure the system's effectiveness and compliance with legislative standards. 7.1 Necessary funding and resources shall be allocated for the development, implementation, and continuous improvement of the DataHub and the electronic system.
Amendment 200 #
2023/0156(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States mayThe EU Customs Authority shall develop the applications necessary for Member States to connect to the EU Customs Data Hub in order to provide data to and process data from the EU Customs Data Hub.
Amendment 202 #
2023/0156(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
Amendment 203 #
2023/0156(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Where the EU Customs Authority develops an application in accordance with paragraph 21, it shall coordinate with and make it available to all Member States.
Amendment 207 #
2023/0156(COD)
Proposal for a regulation
Article 31 – paragraph 3 – point c a (new)
Article 31 – paragraph 3 – point c a (new)
(c a) to perform robust real-time risk analysis to minimise the responsabilities and liability of legitimate operators.
Amendment 212 #
2023/0156(COD)
Proposal for a regulation
Article 31 – paragraph 11 – point c a (new)
Article 31 – paragraph 11 – point c a (new)
(c a) Relevant data may be made available to third countries’ customs and market surveillance authorities, allowing for cooperation between EU and third countries’ customs authorities to the extent necessary to ensure compliance of imports with EU law. It is imperative that this process incorporates stringent measures for the protection of company data, particularly sensitive information. To this end, the deployment of the best available cybersecurity software and practices will be mandatory to safeguard the integrity and confidentiality of the shared data against any form of unauthorized access or cyber threats.
Amendment 214 #
2023/0156(COD)
Proposal for a regulation
Article 31 – paragraph 11 a (new)
Article 31 – paragraph 11 a (new)
11 a. To ensure the accuracy and reliability of the information provided, a robust verification mechanism shall be implemented. This mechanism will involve a thorough review and validation of the information by the relevant authorities before its inclusion in the EU Customs Data Hub. This process aims to maintain the integrity of the data within the hub and to prevent the dissemination of erroneous or misleading information.
Amendment 216 #
2023/0156(COD)
Proposal for a regulation
Article 31 – paragraph 14 – subparagraph 1 – introductory part
Article 31 – paragraph 14 – subparagraph 1 – introductory part
The Commission shall lay down, by means of implementing acts, rules and modalities for accessing or processing data, including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub by the authorities referred to in paragraphs 6 to 11, as well as confidentiality and accountability rules for all persons with access to the data. In determining those rules and modalities, the Commission shall, for each authority or category of authorities:
Amendment 217 #
2023/0156(COD)
Proposal for a regulation
Article 31 – paragraph 14 – subparagraph 1 – point d
Article 31 – paragraph 14 – subparagraph 1 – point d
(d) consider the need forrequest the authority concerned to designate a specific contact point, person or persons or to provide additional safeguards;
Amendment 218 #
2023/0156(COD)
Proposal for a regulation
Article 43 – paragraph 3 a (new)
Article 43 – paragraph 3 a (new)
3 a. Encouraging the Use of Artificial Intelligence and Non-Intrusive Inspection Technologies in Customs Controls 1.1 Customs authorities are encouraged to incorporate artificial intelligence (AI) and non-intrusive inspection (NII) technologies, such as X-ray scanners, into their operational procedures.This recommendation aims to improve the efficiency and effectiveness of customs inspections, especially in handling the increasing volumes of cross-border e- commerce. 1.2 The application of AI for automated image identification and risk assessment in customs controls is recommended to reduce reliance on manual analysis and to minimize human error. 2.1 The use of advanced image compression technologies for the cost- effective collection, storage, and archiving of X-ray scans is encouraged.This facilitates the creation of a substantial image library, instrumental for training purposes and the development of Automated Threat Detection (ATD) algorithms. 3.1 The integration of Internet of Things (IoT) technology is encouraged to enhance security and efficiency in customs operations.This includes employing sensors in vehicles and containers for effective cargo monitoring and journey tracking, as well as improving communication between X-ray scanners and electronic seals (e-seals) on containers. 3.2 The development of policies and legislation to address privacy and data exchange challenges associated with the use of IoT in customs operations is recommended. 4.1 The deployment of Robotic Process Automation (RPA) in customs operations is encouraged to perform high-volume, repetitive tasks more efficiently than human capability.This includes automating the verification of manifests and declaration submissions, and integrating with optical character recognition systems for rapid verification and correction processes. 5.1 Customs administrations are advised to adopt best practices and continually update their technological strategies to reflect the advancements in AI, IoT, and RPA. 5.2 Regular training and updating of customs personnel are recommended to ensure the effective use of these technologies. 5.3 Compliance with this article will be monitored through periodic reviews, assessing the effectiveness of technology implementation in customs operations.
Amendment 224 #
2023/0156(COD)
Proposal for a regulation
Article 86 – paragraph 5
Article 86 – paragraph 5
5. Non-Union goods in temporary storage shall be placed under a customs procedure no later than 3 days after the notification of their arrival or no later than 6 days after the notification of their arrival in the case of an authorised consignee as referred to in Article 116(4), point (b)90 days follwing their presentation to customs, unless the customs authorities require the goods to be presented. In exceptional cases, that time limit may be extended.
Amendment 231 #
2023/0156(COD)
Proposal for a regulation
Article 207 – paragraph 2 – point a
Article 207 – paragraph 2 – point a
(a) the EU Customs Authority shall contribute to the operational management of the customs union, and thereby coordinate and supervise operational cooperation between customs authorities and pool and provide technical expertise and provide guidance in best practices to increase efficiency and delivery of results;
Amendment 233 #
2023/0156(COD)
Proposal for a regulation
Article 207 – paragraph 2 – point d a (new)
Article 207 – paragraph 2 – point d a (new)
(d a) The EU Customs Authority shall contribute to the mission of customs authorities to support legitimate business activity, by maintaining a proper balance between customs controls, the facilitation of legitimate trade and the simplification of customs processes and procedures by:(i) performing robust risk analysis enabled by the EU Customs Data Hub capabilities, including artificial intelligence as defined in Article 29 (1) (f); and(ii) providing trusted traders with access to real-time risk analysis data made available through the EU Customs Data Hub and categorized with a color code, as follows:- Green for “shipment not at risk” as defined in Article 5(64a new);- Yellow for “shipment at risk to be assessed before release in the internal market”, as defined in Article 5 (64 b new);- Red for “incompliant shipment” to be denied for pick up at origin as defined in Article 5 (64 c new). The color codes provision shall be detailed by way of an implementing act.(iii) avoiding duplication of data requirements on economic operators,(iv) minimizing the administrative burden and responsibilities of legitimate operators established in the Union with regards to data reporting, including through measures providing for the direct submission of non-financial data requirements by importers and exporters at origin; and(v) submitting on a yearly basis a series of recommendations to improve customs facilitation and to ensure a fair and balanced level of liability for trusted traders.
Amendment 235 #
2023/0156(COD)
Proposal for a regulation
Article 208 – paragraph 3 – point g b (new)
Article 208 – paragraph 3 – point g b (new)
(g b) ensure the emission of simplified guidelines and manuals for SMEs and support their familiarisation with customs legislation and formalities and ensure that no unnecessary burdens on SMEs are added in the EU legislative process;
Amendment 237 #
2023/0156(COD)
Proposal for a regulation
Article 211 – paragraph 1 – point d a (new)
Article 211 – paragraph 1 – point d a (new)
(d a) a Customs Advisory Board who shall exercise the functions set out in Article 221 a(new)
Amendment 242 #
2023/0156(COD)
Proposal for a regulation
Article 212 – paragraph 2
Article 212 – paragraph 2
2. The Management Board shall also include onetwo members designated by the European Parliament, without the right to vote.
Amendment 245 #
2023/0156(COD)
Proposal for a regulation
Article 212 – paragraph 5 a (new)
Article 212 – paragraph 5 a (new)
5 a. The Customs Advisory Board referred to in Article 211- (e) ( new) shall appoint four of its members to participate with observer status in the Management Board. They shall represent, as broadly as possible, the different views represented in the Advisory Body. The initial term of office shall be 48 months and shall be extendable.
Amendment 246 #
2023/0156(COD)
Proposal for a regulation
Article 214 – paragraph 4
Article 214 – paragraph 4
4. The Management Board mayshall invite any person whose opinion may be of interest to attend its meetings as an observer., namely representatives designated to the Customs Advisory Board as defined in Article Article 215 – paragraph 1 – point v a (new)
Amendment 250 #
2023/0156(COD)
Proposal for a regulation
Article 215 – paragraph 1 – point v a (new)
Article 215 – paragraph 1 – point v a (new)
(v a) Participation of Third Counties Representtaives as observers in the Customs Advisory Board may be possible when conditions for such participation are established in EU Agreemnts and when reciprocity is met.
Amendment 251 #
2023/0156(COD)
Proposal for a regulation
Article 216 – paragraph 2 a (new)
Article 216 – paragraph 2 a (new)
2 a. The decision referred to in Article 215(1), points (b), (c), (d), (f), (j), (m), (o) and (s) may only be taken if the representatives of the European Parliament cast a positive vote.
Amendment 252 #
2023/0156(COD)
Proposal for a regulation
Article 221 – paragraph 1 a (new)
Article 221 – paragraph 1 a (new)
The Customs Advisory Board Article 221a Customs Advisory Board 1.A Customs Advisory Board is established to assist the Executive Board and the EU Customs Autority. 2.The Customs Advisory Board is tasked to: (a) give input on the customs dimensions of other legislation; (b) send early warnings in case they have a substantiated concern to suspect that that a certain goods imported in the EU products is likely to infringe customs legislation or other legislation. 3.The Customs Advisory Board (CAB) shall be composed of at least seven representatives of civil society organisations, including at least one-pan European consumer organisation, two employers and two employee's federation, a pan-European trade union and at least one SMEs employer's organization.The CAB adopts its rules of procedure 6 months after the appointment of its members.The Commission will ensure the secretariat.The CAB takes its decisions on a consensual basis.The mandate of the members shall be 4 years and shall be renewable. 4.The Customs Advisory Board shall hold at least one ordinary meeting every six months.In addition, it shall meet at the request of the EU Customs Authority or Executive Board. 5.The Customs Advisory Board shall exchange information in-between the ordinary meeting. 6. Domestic Advisory Groups (DAG) established under FTAs shall provide input relevant for early warnings on illegal trade or other risks of circumvention of existing EU legislation. The information by DAGs may be provided up to two weeks prior to the ordinary meeting of the CAB through the specific platform in the data hub.
Amendment 253 #
2023/0156(COD)
Proposal for a regulation
Article 247 – paragraph 1
Article 247 – paragraph 1
1. 1. Whenre the person responsible for an act or an omission which has resultinged in a customs infringement referred to in Article 252 provides the evidence that that person acted in good faith, it is taken into account in determining the sanction referred to in Article 254within the meaning of Article 252 proves that he acted in good faith good faith, this shall be taken into account when determining the penalty referred to in Article 254. referred to in Article 254. Priority shall be given to improving the company's processes in partnership in order to prevent errors before any sanction is imposed. (2) When reducing the sanction to be imposed for the customs offence, the following circumstances the following circumstances shall be taken into account: (a) the goods in question are not subject to the other legislation applied by the customs authorities applied by the customs authorities; (b) the customs offence does not have a significant impact on the determination of the amount of amount of customs duties and other charges to be paid; (c) the person responsible for the infringement co- operates effectively with with the customs authority; (d) the previous experience with the economic operator; (e) the complexity of the underlying transaction, the number of similar transactions; (f) the clarity of the provisions to be complied with; (g) the rectification of incomplete or erroneous information by subsequent data transmission.
Amendment 255 #
2023/0156(COD)
Proposal for a regulation
Article 254 – paragraph 1 – introductory part
Article 254 – paragraph 1 – introductory part
Non-criminal sanctions shall only be imposed if deemed necessary after considering all circumstances. Priority must be given to preventing future errors. Where sanctions to customs infringements referred to in Article 252 are applied, they shall take at least one or several of the following forms, while ensuring that sanctions are effective, proportionate and dissuasive and taking into account extenuating and mitigating circumstances referred to in Article 247 and aggravating circumstances referred to in Article 248:
Amendment 256 #
2023/0156(COD)
Proposal for a regulation
Article 254 – paragraph 1 – point a – point i – point 1
Article 254 – paragraph 1 – point a – point i – point 1
(1) where the customs(1) For an infringement has been committed "intentionally," — defined as an act undertaken with knowledge and deliberate intent to evade customs duties — the pecuniary charge shall comprise an amount equal to between 100% and 200% of the de facto amount of customs duties and other charges eluded;.
Amendment 257 #
2023/0156(COD)
Proposal for a regulation
Article 254 – paragraph 1 – point a – point i – point 2
Article 254 – paragraph 1 – point a – point i – point 2
(2) (2) in other cases, the pecuniary charge shall comprise an amount equal to between 310% and 1020% of the actual amount of customs duties and other charges eluded; (ii) where it is not possible to calculate the pecuniary charge in accordance with point (i), the pecuniary charge shall be calculated based on the customs value of the goods, as follows:
Amendment 258 #
2023/0156(COD)
Proposal for a regulation
Article 254 – paragraph 1 – point a – point ii – point 1
Article 254 – paragraph 1 – point a – point ii – point 1
(1) where the customs infringement has been committed intentionally, the pecuniary charge shall comprise an amount equal to between 100% and 200% of the actual amount of the customs value of the goods;
Amendment 259 #
2023/0156(COD)
Proposal for a regulation
Article 254 – paragraph 1 – point a – point ii – point 2
Article 254 – paragraph 1 – point a – point ii – point 2
(2) in other cases, the pecuniary charge shall comprise an amount equal to between 30% and 100% of the actual amount of the customs value of the goods;
Amendment 260 #
2023/0156(COD)
Proposal for a regulation
Article 254 – paragraph 1 – point a – point iii
Article 254 – paragraph 1 – point a – point iii
(iii) where the customs infringement is not related to specific goods, the pecuniary charge shall comprise an amount equal to between EUR 150 and EUR 150 20.000;
Amendment 263 #
2023/0156(COD)
Proposal for a regulation
Article 256 – paragraph 4
Article 256 – paragraph 4
4. The Commission shall verify the report and transmit it afterwards to the Member StatesEuropean Parliament and Council for information.
Amendment 265 #
2023/0156(COD)
Proposal for a regulation
Article 265 – paragraph 1
Article 265 – paragraph 1
1. Articles 205 to 237 shall apply from 1 January 20286.
Amendment 266 #
2023/0156(COD)
Proposal for a regulation
Article 265 – paragraph 2 – introductory part
Article 265 – paragraph 2 – introductory part
2. The following provisions shall apply from 1 March 20286:
Amendment 267 #
2023/0156(COD)
Proposal for a regulation
Article 265 – paragraph 3
Article 265 – paragraph 3
3. The functionalities of the EU Customs Data Hub laid down in Article 29 shall be fully operational by 31 December 20327.
Amendment 268 #
2023/0156(COD)
Proposal for a regulation
Article 265 – paragraph 4
Article 265 – paragraph 4
4. Economic operators may start fulfilling their reporting obligations under this Regulation by using the EU Customs Data Hub from 1 March 20328.
Amendment 269 #
2023/0156(COD)
Proposal for a regulation
Article 265 – paragraph 5
Article 265 – paragraph 5
5. The customs authorities shall reassess the authorisations granted pursuant to Regulation (EU) No 952/2013 from 1 January 20352 to 31 December 20375.
Amendment 270 #
2023/0156(COD)
Proposal for a regulation
Article 265 – paragraph 6
Article 265 – paragraph 6
6. Before 31 December 20276, the Commission shall present a report to the European Parliament and to the Council providing an assessment of centralised clearance referred to in Article 72. If appropriate, the Commission may present a legislative proposal with a view to ensuring a fair distribution of the rights and obligations of the Member States in connection with the assessment of and liability for the customs debt at import.
Amendment 271 #
2023/0156(COD)
Proposal for a regulation
Article 265 – paragraph 7 – introductory part
Article 265 – paragraph 7 – introductory part
7. By 31 December 20352, the Commission shall present a report to the European Parliament and to the Council to assess, in particular:
Amendment 53 #
2023/0079(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Firstly, in order to effectively ensure the Union's access to a secure and sustainable supply of critical raw materials, that framework should include measures to decrease the Union's growing supply risks by strengthening Union capacities along all stages of the strategic raw materials value chain, including extraction, processing and recycling, towards benchmarks defined for each strategic raw material. Secondly, as the Union will continue to rely on imports, the framework should include measures to increase the diversification of external supplies of strategic raw materials through the conclusion of preferential trade agreements, sustainable investment facilitation agreements, revision of existing FTAs to include chapters dedicated to critical raw materials and conclusion of Strategic Partnership Agreements with third countries. Thirdly, is necessary to provide measures to reinforce the Union’s ability to monitor and mitigate existing and future supply risks. Fourthly, the framework should contain measures to increase the circularity and sustainability of the critical raw materials consumed in the Union.
Amendment 61 #
2023/0079(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The list of critical raw materials should contain all strategic raw materials as well as any other raw materials of high importance for the overall Union economy and for which there is a high risk of supply disruption. To take account of possible technological and economic changes, the Commission should, in continuation of current practice, periodically perform an assessment based on data for production, processing, trade, applications, recycling, available stocks and substitution for a wide range of raw materials to update the lists of critical and strategic raw materials reflecting the evolution in the economic importance and supply risk associated with those raw materials. The list of critical raw materials should include those raw materials which reach or exceed the thresholds for both economic importance and supply risk, without ranking the relevant raw materials in terms of criticality. This assessment should be based on an average of the latest available data over a 5-year-period. The measures set out in this Regulation related to one stop shop for permitting, planning, exploration, monitoring, circularity, and sustainability should apply to all critical raw materials.
Amendment 65 #
2023/0079(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) To strengthen Union capacities along the strategic raw materials value chain, benchmarks should be set to guide efforts and track progress. The aim should be to increase capacities for each strategic raw material at each stage of the value chain, while aiming to achieve overall capacity benchmarks for extraction, processing and recycling of strategic raw materials. Firstly, the Union should increase the use of its own geological resources of strategic raw materials and build up capacity to allow it to extract the materials needed to produce at least 10 % of the Union's consumption of each strategic raw materials. Keeping in mind that extraction capacity is highly dependent on the availability of Union geological resources, the achievement of this benchmark is dependent on such availability. Secondly, in order to build a full value chain and prevent any bottlenecks at intermediate stages, the Union should in addition increase its processing capacity along the value chain and be able to produce at least 40 % of its annual consumption of strategic raw materials. Thirdly, it is expected that in the coming decades a growing share of the Union's consumption of strategic raw materials can be covered by secondary raw materials, which would improve both the security and the sustainability of the Union’s raw materials supply. Therefore, Union recycling capacity should be able to produce at least 15 % of the Union’s annual consumption of each strategic raw materials. These benchmarks refer to the 2030 time horizon, in alignment with the Union's climate and energy targets set under Regulation (EU) 2021/1119 of the European Parliament and of the Council29 and the digital targets under the Digital Decade30 , which they underpin. Furthermore, quality jobs, including skills development and job-to-job transitions, will address risks in the sectoral labour market and help ensure the EU’s competitiveness. _________________ 29 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 (OJ L 243, 9.7.2021, p. 1). 30 Decision (EU) 2022/2481 of the European Parliament and of the Council of 14 December 2022 establishing the Digital Decade Policy Programme 2030 (OJL 323, 19.12.2022, p. 4–26 )
Amendment 78 #
2023/0079(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to diversify the Union's supply of strategic raw materials, the Commission should, with the support of the Board, identify Strategic Projects in third countries that intend to become active in the extraction, processing or recycling of strategic raw materials. To ensure that such Strategic Projects are effectively implemented, they should benefit from improved access to finance. In order to ensure their added value, projects should be assessed against a set of criteria. Like projects in the Union, Strategic Projects in third countries should strengthen the Union's security ofresilience of the Union's supply ofor strategic raw materials, show sufficient technical feasibility and be implemented sustainably. For projects in emerging markets and developing economies, the project should be mutually beneficial for the Union andaligned with the sustainable development plans of the third country involved and add value in that country, taking into account also its consistency with the Union’s common commercial policy. Such value may beshould derived from the project’s contribution to more than one stage of the value chain as well as from creating through the project wider economic and social benefits, including, but not limited to, the creation of quality employment in compliance with international standards. Where tThe Commission should assesses these criteria to be fulfillin consultation with the third country’s government and local communities involved, itn the project and, should publish the decision of recognition asof a Strategic Project in a decisiononce the criteria are fulfilled.
Amendment 82 #
2023/0079(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure the sustainability of increased raw material production, new raw materials projects should be implemented sustainably. To that end, the Strategic Projects receiving support under this Regulation should be assessed taking into account international instruments covering all aspects of sustainability highlighted in the EU principles for sustainable raw materials[31 ], including ensuring environmental protection, socially responsible practices, including respect for human rights such as the rights of women, and transparent business and due diligence practices. Projects should also ensure engagement in good faith as well as comprehensive and meaningful consultations with local communities, including with indigenous peoples. To provide project promoters with a clear and efficient way of complying with this criterion, compliance with relevant Union legislation, international standards, guidelines and principles or participation in a certification scheme recognised under this Regulation should be considered sufficient. _________________ 31 European Commission, Directorate- General for Internal Market, Industry, Entrepreneurship and SMEs, EU principles for sustainable raw materials, Publications Office, 2021, https://data.europa.eu/doi/10.2873/27875
Amendment 84 #
2023/0079(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) To prevent misuse of the recognition as Strategic Project, the Commission should be able to repeal its initial decision to recognise a project as strategic if it no longer fulfils the conditions or the recognition was based on an application containing incorrect information. Before it can do so, the Commission should consult the Board and heargive the project promoter the opportunity to address any failings.
Amendment 89 #
2023/0079(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In order to overcome the limitations of the currently often fragmented public and private investments efforts, facilitate integration and return on investment, the Commission, Member States, national export credit agencies and promotional banks should better coordinate and create synergies between the existing funding programmes at Union and national level as well as ensure better coordination and collaboration with industry and key private sector stakeholders. To that end, a dedicated sub-group of the Board bringing together experts from the Member States and the Commission as well as relevant public financial institutions should be set up. This sub-group should discuss the individual financing needs of Strategic Projects and their existing funding possibilities in order to provide project promoters with a suggestion on how to best access existing financing possibilities. When discussing and making recommendations for the financing of Strategic Projects in third countries, the Board should in particular take into account the Global Gateway strategy42 . _________________ 42 Joint Communication to the European Parliament, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank The Global Gateway (JOIN/2021/30 final)further development and increased financing of the Global Gateway strategy[42] connected to critical raw materials projects.
Amendment 101 #
2023/0079(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) The Union has concluded Strategic Partnerships covering raw materials with third countries in order to implement the 2020 Action Plan on Critical Raw Materials. In order to diversify supply, these efforts should continue. To develop and ensure a coherent framework for the conclusion of future partnerships, these should strive to meet an established set of goals, including achieving the intended aims of this Act, improving cooperation across the whole value chain, contributing to increased local value addition in third countries, and facilitating the joint assessment of Strategic Projects abroad, ensuring the effective participation of affected communities. The Member States and the Commission should, as part of their interaction on the Board, discuss and ensure coordination on, inter alia, whether existing partnerships achieve thesuch intended aims, the prioritisation of third countries for new partnerships, the content of such partnerships and their coherence and potential synergies between Member States' bilateral cooperation with relevant third countries and the availability of sufficient access to finance . The Union should seek mutually beneficial partnerships with emerging market and developing economies, in coherence with its Global Gateway strategy, whichTeam Europe approach, common commercial policy and its development and foreign policy, which should contribute to the diversification of its raw materials supply chain as well as add value into the production in theseeconomic and social framework of partner countries.
Amendment 103 #
2023/0079(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) In order to support the implementation of tasks pertaining to the development of Strategic Projects and their financing, exploration programmes, monitoring capacities or strategic stocks and to advise the Commission appropriately, a European Critical Raw Materials Board should be established. The Board should be composed of Member States, representatives of the European Parliament and of the Commission, while being able to ensure participation of other parties as observers. To develop the necessary expertise for the implementation of certain tasks, the Board should establish standing sub-groups on financing, exploration, monitoring and strategic stocks, that should act as a network by gathering the different relevant national authorities and, when necessary, consult industry, academia, civil society and other relevant stakeholders. The Board’s advice and opinions should be non-binding and the absence of such an advice or opinion should not prevent the Commission from performing its tasks under this Regulation.
Amendment 109 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a – point i
Article 1 – paragraph 2 – point a – point i
(i) Union extraction capacity is able to extract the ores, minerals or concentrates needed to produce at least 10% of the Union's annual consumption of each strategic raw materials, to the extent that the Union’s reserves allow for this;
Amendment 112 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a – point iii
Article 1 – paragraph 2 – point a – point iii
(iii) Union pre-consumer and post- consumer recycling capacity, including for all intermediate recycling steps, is able to produce at least 15% of the Union's annual consumption of each strategic raw materials.;
Amendment 116 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a a (new)
Article 1 – paragraph 2 – point a a (new)
Amendment 118 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) improve the Union's ability to monitor and mitigate the supply risk related to critical raw materials both internally and externally;
Amendment 130 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. The Commission shall take into account the objectives and benchmarks laid down in paragraph 2 when carrying out impact assessments in all of its legislative proposals.
Amendment 131 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) secondary raw material’ means a substance or material recovered from processes residuals or from end of life products, that can be used in manufacturing processes instead of, or in combination with virgin raw material;
Amendment 146 #
2023/0079(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The Commission shall review and, if necessary, update the list of strategic raw materials by [OP please insert: fourthree years after the date of entry into force of this Regulation], and every 4 four years thereafter. three years thereafter. The Board may request the Commission to review or update the list at any time outside of these scheduled reviews, to which the Commission must respond.
Amendment 149 #
2023/0079(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The Commission shall review and, if necessary, update the list of critical raw materials by [OP please insert: fourthree years after the date of entry into force of this Regulation], and every 4 four years thereafterthree years thereafter. The Board may request the Commission to review or update the list at any time outside of these scheduled reviews, to which the Commission must respond.
Amendment 153 #
2023/0079(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the project would make a meaningful contribution to the security of the Union's supply of strategic raw materials and reaching the benchmarks described in Article 1, Paragraph 2, points a and b;
Amendment 156 #
2023/0079(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the project, also when based in a third country, would be implemented sustainably, in particular as regards the monitoring, prevention and minimisation of environmental impacts, the use of socially responsible practices including respect of human and labour and indigenous peoples' rights, quality jobs potential and meaningful engagement with local communities and relevant social partners, and the use of transparent business practices with adequate compliance and due diligence policies to prevent and minimise risks of adverse impacts on the proper functioning of public administration, including corruption and bribery, excluding partnerships with actors convicted for illegal activity including, but not limited to, child labour, forced labour, human trafficking, terrorism, liaisons with criminal organisations, corruption, fraud and money laundering;
Amendment 167 #
2023/0079(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) for projects in third countries that are emerging markets or developing economies, the project would be mutually beneficial for the Union and the third country concerned by adding value in that country. contribute to the sustainable development of the third country concerned by supporting relevant national development plans, fostering the establishment of relevant downstream industries and bringing benefits to local communities.
Amendment 170 #
2023/0079(COD)
(ea) for projects in third countries, the Project Promoter must demonstrate that the project contributes to reaching the objectives described in Article 1 Paragraph 2.
Amendment 181 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 2
Article 6 – paragraph 5 – subparagraph 2
For Strategic Projects in third countries, the Commission shall share the application received with the third country whose territory is concerned by the proposed project. The Commission shall not approve the application before receiving the explicit approval of the relevant third country. For Strategic Projects in third countries with which the Union has negotiated a Strategic Partnership Agreement, the Commission shall conduct consultations with the authorities of this country in order to guarantee swift implementation of the project.
Amendment 188 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 8 a (new)
Article 6 – paragraph 8 a (new)
8a. Before the Commission repeals the decision granting a project the status of Strategic Project, the Project Promoter shall be given the opportunity to rectify the identified failings; The Commission shall provide in writing a clear set of requirements that need to be fulfilled, and set a reasonable timeframe in which these must be rectified; The Commission shall then review the project and assess whether the requirements have been fulfilled; In the event that they have not, the Commission may then proceed with repealing the decision granting a project the status of Strategic Project;
Amendment 189 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 9 a (new)
Article 6 – paragraph 9 a (new)
9a. The Commission shall within one year after the date of entry into force of this Regulation establish a list of Union based raw material projects for which Strategic Project Status shall automatically be conferred in the event that a Project Promoter submits an application; these raw materials projects will be identified on the basis of their ability to make a meaningful contribution to reaching the objectives described in Article 1;
Amendment 195 #
2023/0079(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Board shall periodically, but no less than every one year, discuss the implementation of the Strategic Projects and, where necessary, measures that could be taken by the project promoter or, the Member State or third state whose territory is concerned by a Strategic Project to further facilitate the implementation of those Strategic Projects.
Amendment 196 #
2023/0079(COD)
Proposal for a regulation
Article 7 – paragraph 5 – introductory part
Article 7 – paragraph 5 – introductory part
5. The project promoter shall, every twoone years after the date of recognition as a Strategic Project, submit a report to the Board containing information on at least:
Amendment 199 #
2023/0079(COD)
Proposal for a regulation
Article 7 – paragraph 9
Article 7 – paragraph 9
9. The project promoter shall establish and regularly update a dedicated project website with relevant information about the Strategic Project, including information on the environmental, social and economic impacts and benefits associated with the Strategic Project. The website shall be freely accessible to the public and shall be available in a language or languages that can be easily understood by the local population and allow for effective communication with the project promoter.
Amendment 235 #
2023/0079(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that national, regional and local authorities responsible for preparing plans, including zoning, spatial plans and land use plans, include in such plans, where appropriate, provisions for the development of critical raw materials projects. Priority shall be given to artificial and built surfaces, industrial sites, brownfield sites, and, where appropriate, greenfield sites not usable for agriculture and forestry abandoned or decommissioned former mining sites.
Amendment 236 #
2023/0079(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. Member States mayshall provide, when requested, administrative support to Strategic Projects to facilitate their rapid and effective implementation, including by providing:
Amendment 237 #
2023/0079(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b a (new)
Article 14 – paragraph 2 – point b a (new)
(ba) predictable, regular, and clear communication to the project promoter as to administrative delays and obstacles in the permitting process, including the reasons for such delays.
Amendment 239 #
2023/0079(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point a a (new)
Article 15 – paragraph 1 – point a a (new)
(aa) Strategic Projects in third countries should be prioritised for Global Gateway funding;
Amendment 241 #
2023/0079(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Amendment 245 #
2023/0079(COD)
Proposal for a regulation
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
1b. 3. The standing sub-group referred to in Article 35(6) shall 2 years after entry into force provide a report describing obstacles to access to finance and recommendations to facilitate access to finance for Critical Raw Materials Projects through the European Investment Bank Group and relevant Union funding and financing programmes as well as state aid.
Amendment 251 #
2023/0079(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Each Member State shall draw up a national programme for general exploration targeted at critical raw materials. Each Member State shall draw up the first such programme by [OP please insert: 1 year after the date of entry into force of this Regulation]. The national programmes shall be reviewed and, if necessary, updated, at least every 5four years.
Amendment 258 #
2023/0079(COD)
Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
Member States shall make the information on their mineral occurrences containing critical raw materials gathered through the measures set out in the national programmes referred to in paragraph 1 publicly available on a free access website, while preserving commercially sensitive information. This information shall, where applicable, include the classification of the identified occurrences using the United Nations Framework Classification for Resources.
Amendment 262 #
2023/0079(COD)
Proposal for a regulation
Article 18 – paragraph 6 – point c
Article 18 – paragraph 6 – point c
(c) the possibility to createion an integrated database for storing the results of the national programmes referred to in paragraph 1.
Amendment 271 #
2023/0079(COD)
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. The Commission shall provide additional analysis that takes account of the potential demand that would stem from meeting the manufacturing capacity benchmarks referred to in the Net Zero Industrial Act; This anticipated demand should be reflected in the stress testing.
Amendment 278 #
2023/0079(COD)
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point c
Article 19 – paragraph 3 – subparagraph 2 – point c
(c) factors that might affect supply, including but not limited to the geopolitical situation, economic coercion, logistics, energy supply, workforce or natural disasters;
Amendment 283 #
2023/0079(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point c a (new)
Article 22 – paragraph 1 – point c a (new)
(ca) the levels of international stocks held by Strategic Partners and third countries.
Amendment 284 #
2023/0079(COD)
Proposal for a regulation
Article 22 – paragraph 3 – point b a (new)
Article 22 – paragraph 3 – point b a (new)
(ba) to increase cooperation in joint purchasing mechanisms in order to secure a desirable level of strategic stocks.
Amendment 303 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) increase the collection and processing of waste with high critical raw materials recovery potential and ensure their introduction into the appropriate recycling system, with a view to maximising the availability and quality of recyclable material as an input to critical raw material recycling facilities;
Amendment 307 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) increase the re-use, refurbishing, remanufacturing, and repurposing of products and components with high critical raw materials recovery potential;
Amendment 310 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point e a (new)
Article 25 – paragraph 1 – point e a (new)
(ea) include a criterion related to sustainable critical raw materials in public procurement which would reward the most sustainable critical raw material.
Amendment 319 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 7 – subparagraph 2 – point e a (new)
Article 25 – paragraph 7 – subparagraph 2 – point e a (new)
(ea) available data on export of waste containing critical and strategic raw materials.
Amendment 323 #
2023/0079(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Governments, or organisations, multi- stakeholder organisations, industrial companies or individual undertakings that have developed and oversee certification schemes related to the sustainability of critical raw materials ("scheme owners") may apply to have their schemes recognised by the Commission.
Amendment 325 #
2023/0079(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Where, on the basis of the evidence provided pursuant to the paragraph 1, the Commission determines that a certification scheme meets the criteria laid down in Annex IV, it shall adopt an implementing act granting that scheme a recognition. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(3) The timeframe for adopting these implementing acts shall not be longer than 6 months after the submission of the application by the scheme owner.
Amendment 326 #
2023/0079(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The Commission shall periodically verify that recognised schemes continue to fulfil the criteria laid down in Annex IV. and are used in combination with other due diligence tools to ensure Strategic Projects fulfil the highest environmental and social standards.
Amendment 331 #
2023/0079(COD)
Proposal for a regulation
Article 30 – paragraph 3 – point c
Article 30 – paragraph 3 – point c
(c) the effectiveness of strategic partnerships, strategic projects, trade agreements, sustainable investment facilitation agreements and other international instruments and outreach conducted by the Union in achieving the Union’s climate and environmental objectives.
Amendment 340 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. The Board shall periodicallywithin 1 year after entry into force of this Regulation and every one year afterwards present a report discussing:
Amendment 342 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point a – introductory part
Article 33 – paragraph 1 – point a – introductory part
(a) the extent to which Strategic Partnerships concluded by the Union contribute towards the objectives defined in article 1, and more specifically to:
Amendment 345 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point a – point i
Article 33 – paragraph 1 – point a – point i
(i) improving the Union's security of supplyresilience of the Union's supply of strategic and critical raw materials;
Amendment 347 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point a – point ii
Article 33 – paragraph 1 – point a – point ii
(ii) the benchmarks set out in Article 1, paragraph 2, point (b);
Amendment 352 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii a (new)
Article 33 – paragraph 1 – point a – point iii a (new)
(iiia) an up-to-date list of existing Strategic Partnerships and ongoing negotiations for Strategic Partnerships as well as Strategic Projects in third countries;
Amendment 361 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point b
Article 33 – paragraph 1 – point b
(b) the coherence and potential synergies between Member States’ bilateral cooperation with relevant third countries and the actions carried out by the Union in the context of Strategic Partnershipspursuit and negotiation of preferential trade agreements with third countries, in the context of functioning and negotiated Strategic Partnerships and functioning and negotiated sustainable investment facilitation agreements with third countries; The Board shall facilitate better dialogue and coordination in the Commission to ensure that these processes complement one another and are appropriately sequenced;
Amendment 365 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c – point i
Article 33 – paragraph 1 – point c – point i
(i) the potential contribution to security of supplyresilience of the Union’s supply of critical raw materials, taking into account a third country's potential reserves, extraction, processing and recycling capacities related to critical raw materials;
Amendment 372 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c – point ii
Article 33 – paragraph 1 – point c – point ii
(ii) whether a third country's regulatory framework ensures the monitoring, prevention and minimisation of environmental impacts, the use of socially responsible practices including respect of human and labour rights and meaningful engagement with local communities, the use of transparent business and due diligence practices and the prevention of adverse impacts on the proper functioning of public administration and the rule of law;
Amendment 373 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c – point ii a (new)
Article 33 – paragraph 1 – point c – point ii a (new)
(iia) whether there are existing or potential preferential trade agreements or ongoing negotiations of trade agreements with third countries;
Amendment 379 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iv a (new)
Article 33 – paragraph 1 – point c – point iv a (new)
(iva) for emerging markets and developing economies, to what extent existing Union finance, funding and de- risking tools in particular under Global Gateway, are used, and to what extent obstacles exist to the use of such tools in the context of Critical Raw Materials Projects;
Amendment 386 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2a. The Board shall coordinate efforts in supporting the inclusion of Strategic Projects conducted in third countries within the Global Gateway financing pipeline. The Commission shall publish an annual report outlining the benefits brought in the preceding year by each of the Strategic Partnership Agreements; the report shall include: a. An up to date list of all existing Strategic Partnership Agreements; b. An up to date list of all ongoing negotiations for Strategic Partnership Agreements; c. A priority list of potential Strategic Partnership Agreements; d. A list of the relevant projects facilitated by Strategic Partnerships and an analysis of how these projects have contributed to fulfilling the aims of this regulation; e. An up to date list of all projects granted the status of Strategic Project that are located in third countries;
Amendment 396 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 3 a (new)
Article 33 – paragraph 3 a (new)
3a. coordinate the activities of their development banks, export credit agencies and other public institutions under their supervision to support the implementation and financing of Strategic Projects conducted in third countries;
Amendment 407 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point a
Article 35 – paragraph 6 – subparagraph 2 – point a
(a) a subgroup to discuss and coordinate financing for Strategic Projects pursuant to Article 15; representatives of national promotional banks and institutions, representatives of export credit agencies, the European development financial institutions, the European Investment Bank Group, other international financial institutions including the European Bank for Reconstruction and Development and, as appropriate, private financial institutions shall be invited as observers;
Amendment 414 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point d a (new)
Article 35 – paragraph 6 – subparagraph 2 – point d a (new)
(da) A subgroup bringing together the One Stop Shop Observers to meet at regular intervals and cultivate greater convergence in decision making between the Member States;
Amendment 417 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point d b (new)
Article 35 – paragraph 6 – subparagraph 2 – point d b (new)
(db) A subgroup bringing together scientists, experts and organisations specialized in sustainable mining and production of critical raw materials with the purpose of evaluating the sustainability provisions of the accepted Strategic Projects.
Amendment 421 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 7 – subparagraph 2
Article 35 – paragraph 7 – subparagraph 2
Where appropriate, the Board mayshall invite experts, other third parties or representatives of third countries to attend meetings of the standing or temporary sub- groups referred to in paragraph 6 as observers or to provide written contributions.
Amendment 423 #
2023/0079(COD)
2. The power to adopt delegated acts referred to in Article 1(2a), Article 3(2), Article 4(2), Article 5(2), Article 27(12), Article 28(2) and Article 30(1) and (5) shall be conferred on the Commission for a period of eight years from [OP please insert: one month after the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the six- year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 425 #
2023/0079(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The delegation of power referred to in Article 1(2a), Article 3(2), Article 4(2), Article 5(2), Article 27(12), Article 28(2) and Article 30(1) and (5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 427 #
2023/0079(COD)
Proposal for a regulation
Article 36 – paragraph 6
Article 36 – paragraph 6
6. A delegated act adopted pursuant to Article 1(2a), Article 3(2), Article 4(2), Article 5(2), Article 27(12), Article 28(2) and Article 30(1) and (5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period may be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 441 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 2 – point b
Annex III – point 2 – point b
(b) whether the applicable legal framework or other conditions provide assurance that trade and investment related to the project will not be distortednon-discrimination towards companies from the Union and a level playing field is kept, taking into account notably whether the Union has concluded a Strategic Partnership referred to in Article 33 or a trade agreement containing a chapter on raw materials with the relevant third country, and is consistent with the Union’s common commercial policy;
Amendment 450 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – paragraph 1 – point b
Annex III – point 4 – paragraph 1 – point b
(b) committing to obtaining certification for the project concerned as part of a recognised scheme referred to in Article 29 and providing sufficient evidence that when implemented the project concerned will be able to meet the criteria for such certification.
Amendment 451 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 6 – point b
Annex III – point 6 – point b
(b) to fostering private investment in the domestic raw materials value chain;
Amendment 452 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 6 – point c
Annex III – point 6 – point c
(c) to the creation of wider economic or social benefits, including the creation of quality employment. in accordance with relevant international conventions
Amendment 453 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 6 – point c a (new)
Annex III – point 6 – point c a (new)
(ca) to achieving the goals and objectives of economic development plans adopted by the country’s national or territorial governments in line with the UN Sustainable Development Goals.
Amendment 455 #
2023/0079(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point a – point i (new)
Annex IV – paragraph 1 – point a – point i (new)
i) the scheme is based on a multi- stakeholder governance of the standard with equal voting power across public and private sector participants;
Amendment 456 #
2023/0079(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point a – point ii (new)
Annex IV – paragraph 1 – point a – point ii (new)
ii) the level of detail and depth of coverage of the standard across all relevant environmental and social topics is reflective of best practices.
Amendment 457 #
2023/0079(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i
Annex IV – paragraph 1 – point b – point i
(i) requirements ensuring environmentally sustainable practices, including requirements ensuring environmental management and impact mitigation, such as the obligation not to damage habitats, wildlife, flora and ecosystems or to practice deep-sea tailing;
Amendment 458 #
2023/0079(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point b – point ii
Annex IV – paragraph 1 – point b – point ii
(ii) requirements for ensuring socially responsible practices, including respect for human rights and labour r, indigenous rights and labour rights with access to a meaningful grievance mechanism to address any concerns that arise related to the standards and assurance system, in line with the United Nations Guiding Principles on Business and Human Rights;
Amendment 461 #
2023/0079(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point c
Annex IV – paragraph 1 – point c
(c) verification and monitoring of compliance is objective, based on international, Union or national standards, requirements and procedures and carried out independently from the relevant economic operator;, such as: (i) Ten Principles of the United Nations Global Compact; (ii) UNEP Guidelines for Social Life Cycle Assessment of Products; (iii) Convention on Biological Diversity, in particular Decision COP VIII/28- Voluntary guidelines on Biodiversity- Inclusive impact assessment; (iv) UN Framework Convention on Climate Change (UNFCCC) and the Paris Agreement adopted by the Conference of the Parties to the UNFCCC; (v) International Labour Organisation core Conventions as defined under the international labour organisation Declaration on Fundamental Principles and Rights at work.
Amendment 1 #
2023/0038M(NLE)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to its resolution of 6 October 2022 on the outcome of the Commission’s review of the 15-point action plan on trade and sustainable development,
Amendment 14 #
2023/0038M(NLE)
Motion for a resolution
Recital A
Recital A
A. whereas the EU and New Zealand are like-minded partners who share fundamental values, such as respect for human rights, democracy and the rule of law, and both support a rules-based trading system, with the World Trade Organization (WTO) as its centrepiece;
Amendment 17 #
2023/0038M(NLE)
Motion for a resolution
Recital B
Recital B
B. whereas New Zealand is situated in the dynamic and strategically important Indo-Pacific region ; whereas New Zealand is a member of the Comprehensive and Progressive Trans-Pacific Partnership and the Regional Comprehensive Economic Partnership;
Amendment 27 #
2023/0038M(NLE)
Motion for a resolution
Recital G
Recital G
G. whereas this is the first EU trade agreement aligned with the EU’s new approach to trade and sustainable development, which includes enforceable provisions with sanctions as a last resort;
Amendment 33 #
2023/0038M(NLE)
Motion for a resolution
Recital H
Recital H
H. whereas open and fair trade is one of the four pillars of the EU’s Green Deal industrial plan;
Amendment 35 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers this agreement to be of major significance for bilateral relations between the EU and New Zealand and the promotion of rules- and values-based trade, bringing benefits beyond purely economic gains;
Amendment 38 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the fact that, a the agreement is comprehensive, economically balanced and it is the most ambitious and comprehenprogressive EU trade deal ever concluded,to date on sustainability; highlights that the agreement delivers on the priorities set out in Parliament’s resolutions of 25 February 2016 and 26 October 2017; notes that the agreement includes a dispute settlement mechanism to ensure that the rights and obligations contained therein are respected, so that businesses, workers and consumers can enjoy its benefits;
Amendment 42 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes noteStrongly welcomes that the agreement integrates, for the first time, the new EU approach to trade and sustainable development and incorporates an unprecedented level of environmental and labour commitments to effectively implement fundamental International Labour Organization (ILO) conventions ratified by the parties and the Paris Agreement; points outstrongly welcomes the possibility of trade sanctions as a last resort, in instances of serious violations of the Paris Agreement and the core ILO standards; believes that the FTA sets a benchmark in this area; is aware that these levels may not be matched by future FTAs with less like-minded partners; calls on both parties to define a set of guiding principles to be considered essential to achieving the objectives of the Paris Agreement; expects concrete progress within a reasonable timeframe on the part of New Zealand towards the ratification and effective implementation of the two remaining ILO core conventions (No. 87 on freedom of association and the right to organise, and No. 138 on minimum wage), in accordance with the commitments laid down in the agreement; welcomes that the EU and New Zealand agreed to reflect the ILO recent decision to add occupational health and safety to core labour standards, as appropriate; welcomes that the agreement has a trade and gender equality article under the trade and sustainable development chapter and calls on both parties to promote women’s empowerment and gender equality; welcomes a dedicated provision on trade and fossil fuel subsidies reform and calls on the parties to intensify engagement on this issue at the WTO; welcomes that the agreement liberalises green goods and services at entry into force, with a list of such goods and services, and calls for a regular reviewing of this list; points out that the EU and New Zealand will cooperate on circular economy, deforestation-free supply chains and carbon pricing; stresses that the agreement includes a non-regression clause prohibiting the parties to weaken, reduce or fail to enforce labour and environmental standards to encourage trade; believes that the FTA sets a new benchmark to other trading partners in the area of sustainable trade;
Amendment 56 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that the agreement will level the playing field with other trading partners that already have FTAs with New Zealand; notes the high level of tariff liberalisation under the agreement, which will entail the removal of 100 % of New Zealand tariffs on EU exports at entry into force and the lifting of 98.5 % of EU tariffs on New Zealand trade after seven years; notes the counter-seasonal nature of our respective agriculture production; believes that the sensitive character of certain European agricultural sectors has been duly reflected by well-calibrated concessions in the formtaken into account through tariff-rate quotas and longer transition periods; calls on the Commission to monitor closely the management of tariff- rate quotas and longer transition periodsfor agricultural products and report back to Parliament; welcomes the inclusion of dedicated chapters on sustainable food systems and animal welfare respectively and anand calls on both parties to further exchange on outcomes for sustainable agricultural practices; also welcomes the animal welfare condition in the tariff rate quota for beef and the ambitious chapter on sanitary and phytosanitary matters;
Amendment 75 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the protection that the agreement provides for the names of 163 European foodstuff geographical indications (GIs) and the complete list of EU GI wines and spirits, as well as the scope for (close to 2000 names); highlights that the agreement foresees the opportunity to adding more GI names in the future; notes that the agreement also includes comprehensive intellectual property provisions on copyright, trademarks and industrial designs, thereby ensuring effective protection and enforcement;
Amendment 80 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that the market-access commitments on goods, given the removal of relatively high duties on industrial products such as cars and textiles, and the commitments on services, including delivery, telecommunications, financial and international maritime transport services, have the potential to significantly boost bilateral trade; considers that the agreement promotes transparency and the use of international standards to facilitate market access, while safeguarding the levels of protection that each party deems appropriate; welcomes that the agreement explicitly reaffirms the right of each party to regulate to pursue legitimate policy objectives; appreciates New Zealand’s acceptance of EU type-approval certificates and the provisions of the annex on wine and spirits, which will respectively facilitate trade in the vehicles and wine and spirits sectors;
Amendment 83 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the fact that the EU and New Zealand will reciprocally open up their procurement markets beyond what is already covered under the WTO Agreement on Government Procurement; stresses that EU companies will be allowed to tender for New Zealand central and sub-central government contracts on an equal footing with local companies;
Amendment 87 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the agreement includes a dedicated chapter on digital trade, which will ensure predictability and legal certainty in digital trade transactions and facilitate cross-border data flows, while respecting the EU acquis on the protection of data and privacy; welcomes that the agreement will help ensure a secure online environment for consumers and that it will preserve a high level of personal data and privacy protection in the EU; welcomes the inclusion of ambitious articles on the protection of source code and paperless trade;
Amendment 89 #
2023/0038M(NLE)
11a. Urges both partners to ensure the active involvement of social partners and civil society, notably through the civil society forum and the domestic advisory group, on the implementation of the agreement; calls on both parties to ensure the swift establishment of well- functioning, effective and balanced domestic advisory groups and to ensure that their views on transversal sustainability issues are taken into account in a transparent manner in the government-to-government consultations provided in the agreement; calls on the Commission to ensure that the EU delegation to New Zealand is involved in the process of implementing the agreement from start to finish;
Amendment 5 #
2022/2195(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recognises the efforts made by Uzbekistan in implementation of the ILO standards, notably directed towards the elimination of child labour and forced labour in the cotton sector. Underlines the need for continued efforts in this regard. Urges the government to work towards ensuring fair wages for cotton workers; recognises the adoption of the new Labour Code, which will introduce innovations in labour relations and dispute resolution coming into force on 30 April 2023;
Amendment 11 #
2022/2195(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Acknowledges the challenges that Uzbekistan is facing, considering the current geopolitical situation, as the government attempts to diversify its economic and trade dependencies on Russia and seeks to encourage greater cooperation with its European partners;
Amendment 19 #
2022/2195(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates the importance of Uzbekistan’s membership of the Generalised Scheme of Preferences Plus, which contributes to economic growth and yields very positive results (exports to the EU increased by 34 % in 2021); Recognises that the acceptance of Uzbekistan as a beneficiary of GSP+ reflects the recognition of reforms undertaken by the government. Notes that despite the progress made by Uzbekistan in recent years, a number of concerns remain regarding the effective implementation of the 27 international conventions. Reiterates the need for effective implementation of the conventions as well as compliance with reporting obligations under the GSP+ scheme.
Amendment 27 #
2022/2195(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that Uzbekistan can play an important role in exporting precious metals to Europe, which are needed for the EU’s green transition;, while respecting and in light of EU and international developments on due diligence
Amendment 34 #
2022/2195(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for cooperation and EU support for green development and the further exploration of Uzbekistan’s potential for building trade and economic relations with the EU .
Amendment 42 #
2022/2188(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 45 #
2022/2188(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. MCalls on the Commission to assess the level of protection of EU geographical indications in the UK and maintains its call for both parties to activate the ‘rendez- vous’ clause on the future protection of geographical indications registered after 2021;
Amendment 46 #
2022/2188(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Reiterates that the TCA is the delicate outcome of long and difficult negotiations and it should therefore be fully implemented in good faith, equally to the Withdrawal Agreement, in particular the Protocol on Ireland and Northern Ireland, and the recent Windsor Framework, for the mutual benefit of both parties; calls on both parties to fully exploit its huge potential to facilitate EU-UK trade to the greatest extent possible, while bearing in mind that the advantages of membership in terms of access to the EU single market and to the Customs Union, as well as of participation in other common and flanking policies, cannot, under any circumstances, be replicated through an FTA;
Amendment 52 #
2022/2188(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Takes note of the further postponement of the implementation of certain UK import procedures and checks on products coming from the EU; calls on the UK Government to clarify the schedule and requirements in order to avoid further uncertainty for businesses and to digitalize and simplify UK customs procedures to the extent possible, in order to avoid further frictions in trade between the EU and the UK; highlights that customs cooperation between the EU and the UK is important in order to support compatibility in customs legislation and procedures, and to promote trade facilitation;
Amendment 53 #
2022/2188(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls that as a consequence of a separate sanitary and phytosanitary (SPS) regulatory regime following its withdrawal from the EU, the UK is subject to all EU rules applicable to third countries not dynamically aligning with EU legislation; takes note of the fact that post-Brexit, the EU and UK remain important trading partners for agri-food products and that from January to October 2022, EU exports to the UK reached EUR 39.5 billion, a 15 % increase compared to 2021, while the UK was the third most important partner for the EU in terms of agri-food imports8 ; calls on the UK Government to consider an SPS agreement, as an alignment of this type woulexpedite the transition to a digital system for sanitary and phytosanitary certificates, and to consider an SPS agreement, as an alignment of this type would reduce the administrative and financial burden on both sides, and facilitate EU-UK agri-food trade, including trade between Great Britain and Northern Ireland; _________________ 8 ‘Monitoring EU agri-food trade’, European Commission, Directorate- General for Agriculture and Rural Development, Brussels, 2022, https://agriculture.ec.europa.eu/system/files /2023-01/monitoring-agri-food-trade- oct2022_en_1.pdf.
Amendment 58 #
2022/2188(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Commends the ongoing work of the Trade Partnership Committee and of the specialised and trade-specialised committees, and urges the parties to fully explore their potential as bilateral bodies established under the TCA, which can discuss subjects of shared strategic importance and address all implementation issues in a direct manner; invites the Commission to continue the good practice of keeping the European Parliament fully and immediately informed of the ongoing work of and developments in these committees;
Amendment 65 #
2022/2188(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on the Commission to keep the European Parliament fully and immediately informed about all complications that may jeopardise the level playing field and fair competition for EU businesses and workers;
Amendment 11 #
2022/2040(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas these external shocks cannot serve as justifications for reshoring, isolationism or a rushed-up inward reorientation of the Union policies that would imply higher prices and a loss of jobs and disrupt even more the existing supply chains;
Amendment 15 #
2022/2040(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas the disruption of Union supply chains and the economic and social consequences on European citizens are further exacerbated by the steady deterioration of the rule of law and democracy in some Member States;
Amendment 17 #
2022/2040(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
A c. whereas the Union needs to preserve its internal cohesion and solidarity and a balanced position between all international partners, in particular the US and China;
Amendment 21 #
2022/2040(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas more transparent, traceable and standardised supply chains within a WTO and Union legislative framework are needed;
Amendment 22 #
2022/2040(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas more Free Trade International Agreements, as well as investments in third countries, are urgently needed together with an effort to mitigate geopolitical tensions, invest in infrastructures and transportation, diversify the supply chains, promote social, economic and environmental sustainability, advance in circular economy and improve warehousing;
Amendment 23 #
2022/2040(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. whereas the Union does not produce enough key raw materials and components needed for the transition to a sustainable and digital economy, and relies heavily on imports both for commodities and for manufactured products;
Amendment 31 #
2022/2040(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas food supply chains are increasingly vulnerable and at risk from the impacts of climate change and natural disasters such as drought, flood, pests and diseases, as well as logistical challenges which were intensified as a result of lockdowns and restrictions during the COVID pandemic, and most recently due to the illegal, unprovoked and unjustifiable Russian invasion of Ukraine;
Amendment 50 #
2022/2040(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas the Union may achieve positive changes only by actively supporting the global development agenda, creating positive economic spill- overs for our partners and reinforcing the socio-ecological and digital transition;
Amendment 51 #
2022/2040(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas the Covid-19 pandemic confirmed that coordination and solidarity within the Union and between the Union and third countries is crucial to tackling major crises and that the Union and its partners should avoid protectionist measures while focusing on preventing supply chain disruptions and allowing the cross-border flow of essential products, in particular food products and medicines;
Amendment 52 #
2022/2040(INI)
G c. whereas the Commission in the Pharmaceutical Strategy for Europe has recognised the importance of fostering pharmaceutical production and investment in Europe and cooperating with international partners to work towards enhanced regulatory cooperation;
Amendment 71 #
2022/2040(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Considers the fact that recent supply chain disruptions, notably caused by the COVID-19 pandemic and, most recently, by the illegal, unprovoked and unjustifiable Russian invasion of Ukraine has highlighted the Union reliance on complex import and export chains, in particular for specific sectors;
Amendment 73 #
2022/2040(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Notes that import dependency for inputs increases vulnerability of food producers to external shocks, as now observed in fuel, fertiliser and feed chains; calls for Union production to be recalibrated towards more domestic production and sustainable practices which reduce the need for inputs, and to focus primarily on Union demand for safe, affordable and high-quality food;
Amendment 75 #
2022/2040(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Highlights the resilience of the agri-food sector during the COVID-19 pandemic, its ability to maintain the functioning of the food supply chains and ensure food security in what were very difficult circumstances;
Amendment 82 #
2022/2040(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Urges the Commission to develop a coordinated set of solutions aimed at increasing the resilience of Union supply chains by creating long-term, sustainable and inclusive development partnerships and alliances, diversifying suppliers, promoting domestic production and appropriate, targeted and proportionate stock-piling of critical raw materials and products to tackle market crises and price volatility, to secure supply and to prevent speculation;
Amendment 98 #
2022/2040(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes the EU Chips Act that represents a decisive and important step in the Union’s ambitious race for digital sovereignty and strategic autonomy in order to achieve Europe’s independence in the supply of this category of semiconductors;
Amendment 101 #
2022/2040(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Calls on the Commission to enter into consultations with relevant third countries in order to seek cooperative solutions to address future supply chain disruptions and to involve, where appropriate, coordination in relevant international fora while ensuring robust engagement with the stakeholder community;
Amendment 118 #
2022/2040(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Underlines that coordination and solidarity within Member States and between the Union and third countries is crucial to tackling major crises, as proved by the Covid-19 pandemic; stresses that populist movements and extremist parties established in some Member States are often in contrast with Union interests and principles, including increased coordination and solidarity, and prefer stocking the fire of divisions, in particular in time of uncertainty;
Amendment 120 #
2022/2040(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Calls on the Commission and the Member States to prevent supply chain disruptions and allow the cross-border flow of medicines by limiting any export restrictions on medicines, active pharmaceutical ingredients and other manufacturing input, adopting targeted regulatory flexibilities, establishing priority lanes for freight and air transport of medicines and ensuring cross-border mobility of workers; stresses the need to ensure medicines and their ingredients are exempted from sanctions to limit any potential adverse effects on patients;
Amendment 121 #
2022/2040(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Urges the Commission to support Member States by developing targeted Union rules on medicines procurement, under the current public procurement Directive, aimed at ensuring long-term sustainability, competition, security of supply and stimulating investments in manufacturing; calls on the Commission to propose incentives, such as EU funds and State Aid, to stimulate the production of critical goods such as off-patent medicines, to achieve its open strategic autonomy in view of any crisis, while ensuring long term resilient supply chains;
Amendment 125 #
2022/2040(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses that fair, sustainable and value-based trade and markets which respect international law, as well as working with cooperatives partners, will reinforce the Union’s supply chains and ensure a level playing field and fair competition for workers and businesses to compete globally;
Amendment 149 #
2022/2040(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Underlines the importance to carry out an ambitious EU digital agenda with the aim to build strategic international partnerships, building on the experience of the Trade and Technology Council with the US, and to secure a leading position for the Union in digital trade and in the area of technology, most importantly by promoting innovation;
Amendment 169 #
2022/2040(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Highlights that the Union is deeply involved in global supply and value chains and that solutions pushing towards isolationism, an increase in non-tariff barriers on Union imports or an excessive inward reorientation of its policies would have very negative effects on Union workers and businesses, increase political and economic degradation and shrink the Union’s global economy share;
Amendment 172 #
2022/2040(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Underlines that the Union should focus on improving the production of critical goods and services, and that the introduction of effective autonomous strategic policies requires more cohesion among Member States and a much deeper European integration with a stronger and democratic European governance to further strengthen the link between trade, industrial, social, foreign policies, development, security, financial and taxation;
Amendment 173 #
2022/2040(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Stresses the importance for the Union to actively seek genuine partnerships and better connections with developing countries and create lasting partnerships based on fair, sustainable value-based trade and development cooperation able to address local problems such as famine, poverty and inequality, epidemics and climate change; highlights that this may be achieved by enhanced cooperation with international development institutions as well as more support to Union’s international projects, which fall under the Global gateway strategy and the NDICI-Global Europe;
Amendment 180 #
2022/2040(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Calls on the Commission to urgently relaunch the negotiations around the ongoing trade agreements, to finalise those where an agreement is near, and to focus on new ones, including Association and Economic partnerships’ agreements, in line with the review of the TSD chapter;
Amendment 2 #
2022/2008(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the EU industrial strategy must be implemented in a coherent and coordinated way; stresses that freeair, sustainable and value-based trade and open markets which respect international law, as well as working with cooperative partners, will reinforce the EU’s industrial base; urges the Commission to deliver an ambitious trade agenda, in line with the Paris Agreement and the UN Sustainable Development Goals;
Amendment 19 #
2022/2008(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned that both the current and the proposed EU legislation envisages too many bureaucratic hurdles for EU businesses; calls on the Commission to cut un-necessary red-tape, fully implement the principles of better regulation and ‘think small first’, and to carefully apply the SME Test in its impact assessments;
Amendment 25 #
2022/2008(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that for the EU to be competitive in open markets, every sector must receive sufficient support in developing its respective technological base and in promoting the research and innovation efforts carried out by public and private stakeholders; stresses that the Commission and the Member States should cooperate in the design and implementation of the Industrial Strategy, in order to guarantee increased coherence with the Commercial Policy, by diversifying and exploiting synergies, as well as to make different sectors more competitive at international level; calls on the Commission to draw up annual implementation reports for presentation to the European Parliament;
Amendment 42 #
2022/2008(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for further negotiations to secure future-oriented trade agreements and to continue with the reform of the World Trade Organization; points out that trade and access to third markets are crucial in supporting the EU’s economic recovery and resilience, with the aim of strengthening the EU’s autonomy, diversifying its supply chains and guaranteeing its independence from any single producerReiterates its support for a multilateral agenda and urges WTO members to agree at the next MC12 on a work plan of reform to update the World Trade Organization rule book, and restore a level playing field and fair competition for workers and businesses; points out that trade and access to third markets are crucial in supporting the EU’s economic recovery and resilience;
Amendment 44 #
2022/2008(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Urges the Commission to pursue an open strategic autonomy to reduce dependence in critical sectors, diversify our value chains and guarantee its independence from single producers;
Amendment 48 #
2022/2008(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Strongly insists that the fight against illicit trade and the prevention of unfair competition, as well as strategic investment and takeovers by hostile actors, must remain a key priority; urges the Commission to work to pursue a trade and investment agenda to fight unfair policies and practices, such as the tripartite EU, US, Japan agreement;
Amendment 51 #
2022/2008(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission to adopt and enforce a proper toolbox of measures to secure a level playing field for EU’s workers and businesses to compete globally, such as the International Procurement Instrument, due diligence, anti-coercion and foreign subsidies;
Amendment 52 #
2022/2008(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Welcomes the efforts made by the EU-US Trade and Technology Council to coordinate approaches to key global trade, economic and technologies issues, as well as the ambitious agenda set for its second meeting;
Amendment 53 #
2022/2008(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Underlines the importance to carry out an ambitious EU digital agenda with the aim to build strategic international partnerships, and to ensure a leading position for the EU in digital trade and in the area of technology, most importantly by promoting innovation;
Amendment 54 #
2022/2008(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7 d. Highlights the importance to continue WTO negotiations on e- commerce and to reach a comprehensive and ambitious set of rules to facilitate business operations, especially for SMEs, and to strengthen consumers’ trust in the online environment;
Amendment 55 #
2022/2008(INI)
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
7 e. Welcomes the Commission’s initiative for a European Chips Act that represents a decisive and important step in the EU’s ambitious race for digital sovereignty and strategic autonomy in order to achieve Europe’s independence in the supply of this category of semiconductors;
Amendment 56 #
2022/2008(INI)
Draft opinion
Paragraph 7 f (new)
Paragraph 7 f (new)
7 f. Highlights that the violence of the Russian invasion in Ukraine and the COVID-19 pandemic raised awareness of the risk of disruption on the supply of raw materials, such energy supply and agriculture commodities; stresses that the surge of energy prices is having a strong impact on the prices of agricultural raw materials and inputs, in particular fertilisers, underlining the need for new resilience schemes in order to ensure reliable supplies of safe, affordable and high-quality food for all EU consumers;
Amendment 65 #
2022/2008(INI)
8 a. Calls on the Commission and the Member States to work together and support the growth of enterprises to increase their competitiveness in trade and access to third country markets and to face the challenges of global technology giants.
Amendment 52 #
2022/0358(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) To that end, harmonised rules on data generation and data sharing for short- term accommodation rental services should be laid down to increase access to and quality of data for public authorities on the provision of short-term accommodation rental services, which in turn should enable them to design and implement policies on such services in an effective and proportionate manner. This implies maintaining opportunities for platforms while respecting public policy objectives like available and affordable housing and protecting urban centres and rural areas, especially when economic conditions in Europe are deteriorating. Short-term accommodation rental services via platforms and their impact shall not undermine the high acceptance of tourism in Europe's regions and cities and degrade the liveability of neighbourhoods. They should respect local communities and promote sustainability from an ecological and socioeconomic point of view.
Amendment 61 #
2022/0358(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Registration procedures enable competent authorities to collect information on hosts and units relating to short-term accommodation rental services. The registration number, which is a unique identifier of a unit rented, should ensure that the data collected and shared by platforms can be properly attributed to hosts and units. It should therefore be for competent authorities, where they wish to receive data from providers of online short- term rental platforms, to put in place or maintain registration procedures for hosts and their units, either at national, regional or local level. The registration procedure by virtue of this Regulation is understood without prejudice to other possible information obligations, for example in the fields of taxation, population census and statistics.
Amendment 68 #
2022/0358(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Article 31 of the Regulation (EU) 2022/2065 lays down certain due diligence requirements for providers of online platforms allowing consumers to conclude distance contracts with traders. Those requirements apply to online short-term rental platforms with respect to short-term accommodation rental services offered by hosts that qualify as traders. However, the short-term accommodation rental sector is characterised by the fact that hosts are often private individuals offering short- term accommodation rental services on an occasional peer-to-peer basis, who do not necessarily meet the conditions to be categorised as ‘traders’ under Union law. Therefore, in line with the concept and objective of ‘compliance by design’ under Article 31 of Regulation (EU) 2022/2065, and in order to enable competent authorities to verify whether applicable registration obligations are complied with, it is appropriate to apply specific conditions for compliance by design in the context of short-term accommodation rental services, including those offered by hosts that do not qualify as traders pursuant to Union law. Online short-term rental platforms should ensure that services are not offered where no registration number has been provided, in cases where a host declares that such a registration number applies. This should not amount to an obligation for onlinelead to short-term rental online platforms to generally monitmaking every possible effort the services offered by hosts through their platform, nor to a general fact-finding obligation aimed at assessing the accuracy of the registration number prior to the publication of the offer of short-term accommodation rental serviceo assess whether the unit offered for short-term accommodation rental services is located in an area where a registration procedure has been established, for example, by using the list provided pursuant to Article 13(1)(a). This evaluation could be done through the use of automated means.
Amendment 71 #
2022/0358(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Competent authorities that wish to receive from online short-term rental platforms information about hosts’ activities and have registration systems in place should be able to obtain activity data from online platforms on a regular basis. The type of data that may be obtained should be fully harmonised and include information on the number of nights for which a registered unit has been rented, the number of guests that stayed in the unitfor which the unit was rented per night, the registration number and, the URL of the listing of the unit, which is needed in order to facilitate and the address of the unit, including the exact number of the apartment, which is needed for the identification of the host and the unit offered for short-term accommodation rental services in cases where the registration number is missing or incorrect. Only online platforms that have effectively facilitated the conclusion of direct transactions between hosts and guests are covered by the obligation to provide the activity data, the registration number and the URL of the listing of the unit, as only those platforms are in a position to collect data, such as on the number of nights for which a unit is rented and the number of guests that stayed in the unit per night. Member States should not maintain or introduce measures that require platforms to report on short-term accommodation rental service providers and their activities diverging from those laid down in this Regulation, unless otherwise provided under Union law.
Amendment 74 #
2022/0358(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Single Digital Entry Points should facilitate the ability of online short- term rental platforms to randomly check the validity of a registration number or the accuracy of self-declarations, in order to reduce errors and inconsistencies as regards data transmission and to ease their compliance burden. The Single Digital Entry Point should, while not requiring the actual storage of the registration number, allow the performance of random checks either automatically by means of Application Programming Interface allowing the verification of a registration number against the given entries in the registry of the individual registration procedures in a Member State connected to the Single Digital Entry Point or manually, for example, by entering a registration number in an online interface and receiving a confirmation on its validity. Online short- term rental platforms should be free to perform additional checks through the Single Digital Entry Point. Member States should continue enforcing registration obligations using the tools already available to them.
Amendment 80 #
2022/0358(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Aggregated dData sets based on the available activity data, would also be important for the compilation of official statistics. Those data, together with information on the total number of units and on the maximum number of guests that the unit can accommodate in each geographical subdivision, should be transmitted to national statistical offices and Eurostat every month for the purposes of compiling statistics in line with the requirements applicable to other service providers in the accommodation sector as laid in Regulation 692/2011 concerning European statistics on tourism. Member States should designate the national entity responsible for aggregating data and transmitting it. Competent authorities should also be able to share activity data, without any data that could enable the identification of individual units or hosts, such as registration numbers and URLs, with entities and persons when this is needed to carry out scientific research or analytical activities as well as to produce new business models and services. Under the same conditions, activity data could be made available via sectorial data spaces, when established.
Amendment 85 #
2022/0358(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) national, regional or local rules regulating the development or use of land, town and country planning or building standards and the law on housing or horizontal property;
Amendment 103 #
2022/0358(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) technical means are in place to assess the validity of registration numbers for which a common structure of registration numbers will be established as envisaged in Article 11;
Amendment 107 #
2022/0358(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that hosts are aoble to requiged, when offering their short-term rental servicest that the information or documentation provided pursuant to Article 5(1) and (2) can be re- used for the purposes of subsequentrough an online platform, to provide the registration number to the online short- term rental platform if the offered unit is subject to a registrations procedure.
Amendment 112 #
2022/0358(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4
Article 5 – paragraph 1 – point a – point 4
(4) the maximum number of guests that the unit can accommodate; , expressly mentioning the number of people authorised to accommodate in the rental unit in accordance with the requirements set by the competent authorities in the matter;
Amendment 114 #
2022/0358(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4 a (new)
Article 5 – paragraph 1 – point a – point 4 a (new)
(4a) whether the unit is subject to authorisation from the competent authorities to offer short-term rental accommodation services and, if so, whether the host has obtained such authorisation;
Amendment 120 #
2022/0358(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States may require that the information submitted pursuant to paragraph 1 is accompanied by appropriate supporting documentation. With respect to the information referred to in point 5 of subparagraph (a) of paragraph 1, where the host declares that the unit is subject to authorisation, or where the other information referred to in paragraph 1 allows the determination that an authorisation requirement applies, Member States may request a copy of, or reference to, the authorisation.
Amendment 137 #
2022/0358(COD)
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
6a. The competent authority in the event of non-compliance of the orders issued pursuant to paragraphs 3, 4 and 5, may apply the penalty system they have defined or they define in their rules to online short-term rental platforms.
Amendment 144 #
2022/0358(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) design and organis, organise and continuously update their online interface in a way that requires hosts to self-declare whetentering the registration number is mandatory in cases where the unit offered for short-term accommodation rental servicesaddress of a specific unit is located in an area where a registration procedure has been established or applies; according to Art.13 (1).
Amendment 147 #
2022/0358(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) where the host declares that the unit offered for short- term accommodation rental services is located in an area where a registration procedure has been established or applies, design and organise their online interface in a way that enablesmakes it mandatory for hosts to let users identify the unit through a registration number, and to ensure that hosts have provided a registration number prior to allowing the offering of the short- term accommodation rental services with respect to that unit;
Amendment 150 #
2022/0358(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) make reasonable efforts to randomly check the declarationcheck the listings ofn the hostplatforms concerning the existence or not of a registration procedure, taking into account the list made available pursuant to Article 13(1), point (a), and, where such a procedure exists, thecheck the necessary validity of the registration number provided by the host, including through the use of the functionalities offered by the Single Digital Entry Points referred to in Article 10(2), point (b), after allowing the offering of the short-term accommodation rental services by the host; platforms shall also carry out additional ad hoc checks at the request of competent authorities.
Amendment 159 #
2022/0358(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. When a listing concerns a unit located in an area included in the list referred to in Article 13(1), point (b), providers of online short-term rental platforms shall collect and, on a monthly basis, transmit to the Single Digital Entry Point of the Member State where the unit is located, activity data per unit, together with the address of the unit, including the exact number of the apartment including its zip code, the corresponding registration number as provided by the host and the URL of the listing. That transmission shall take place by machine-to-machine communication means.
Amendment 160 #
2022/0358(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. When a competent authority, after verification, finds that there are doubts regarding the accuracy and completeness of the data transmitted, it will be empowered to require the online platforms to rectify the data set in a reasonable time which should be specified by the competent authority
Amendment 167 #
2022/0358(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall aggregdesignate the activity data obtained pursuant to Article 9 and transmit it on a monthly basis to national statistical offices and Eurostat for the purposes of compiling national entity responsible for transmitting, for each unit, the activity data and the registratistics in accordance with Regulation (EC) No 223/2009 of the European Parliamenton numbers obtained pursuant to Articles 5 and of9, the Council43. Activity data shall be aggregated at national, regional and municipal level, and shall include information on the total number of unitsmunicipality where the unit is located and on the maximum number of guestavailable bed places that the unit can accommodate in each geographical subdivision. Those data shall be broken down by the type of unit as described in Article 5(1), point (a), of this Regulation. Member States shall designatethe national entity responsible for aggregating activity data and transmitting it to nats, on a monthly basis to national, and where relevant, regional statistical offices and Eurostat. _________________ 43 Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealingmake available to Eurostat for the purposes of compiling statistics in accordance with Regulation (EC, Euratom) No 1101223/20089 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the S. Access to the data referred to above by the national or regional statistical Ooffice of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164)s shall be subject to appropriate safeguards for data protection.
Amendment 171 #
2022/0358(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Authorities designated by the Member State of the relevant Single Digital Entry Point shall be competent to enforce Articles 7(1), 7(2), 7(3) and 9 of this Regulation.
Amendment 172 #
2022/0358(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States shall lay down rules on penalties applicable to infringements by online short-term rental platforms of Articles 7 (1), 7(2), 7(3) and 9. Member States shall ensure that those penalties are effective, proportionate and dissuasive.
Amendment 20 #
2022/0212(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission and Member States to use the available financial tools - CEF, RRF, Cohesion Fund, InvestEU, ERDF - in a comprehensive way to maximise their effect on recovery while ensuring adequate long-term funding of Union transport projects;
Amendment 25 #
2022/0212(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates the crucial role of the Connecting Europe Facility (CEF) in fostering the development and timely completion of a high performance trans- European network that is sustainable and interconnected, as well as in supporting actions related to safe and secure infrastructure and mobility; acknowledges the slight increase in the CEF-transport budget for 2023 compared to 2022 although notes that the increase is impaired by the current economic situation; underlines that the CEF should also support actand geopolitical situation and the consequent rising needs of the transport sector; acknowledges in that regard the Commission’s intention to use the CEF to support interoperability and connectivity projects of the Union's transport network with Ukraine; further recalls that the Commission's related to safe and secure infrastructure and mobilityREPowerEU Plan foresees the mobilisation of CEF funding to achieve the targets set on renewable hydrogen production, infrastructure and end-use appliances; reiterates its call for increased financing of the CEF programme;
Amendment 39 #
2022/0212(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the increase in the Cohesion Fund allocation to the CEF for transport in 2023; reiterates the essential role the Union transport policy and investment play in enhancing territorial, social and economic cohesion in the Union;
Amendment 42 #
2022/0212(BUD)
5. Notes the increase in the InvestEU budget and its important reinforcement from NextGenerationEU by almost EUR 2,5 billion in 2023; invites the Commission to maintain a high level of investment after 2024 to maintain InvestEU’s role in fostering sustainable and safe infrastructure, mobility solutions and equipment and for the deployment of innovative technologies and alternative fuels;
Amendment 44 #
2022/0212(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the funding of the Just Transition Fund under the Just Transition Mechanism for 2023 and highlights the role of the Mechanism in disadvantaged regions; highlights the role of the Mechanism and its public sector loan facility in investing in safe, sustainable and resilient transport and tourism infrastructure in the regions that are the most affected by transition challenges such as rural and sparsely populated, disadvantaged regions and environmentally vulnerable territories and in promoting affordable and accessible mobility services for all passengers, including those with disabilities and reduced mobility; stresses the need to support the up- and reskilling of workers and jobseekers in the transport sector, as well as productive and sustainable investment in SMEs;
Amendment 51 #
2022/0212(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes the modest increase in the military mobility budget for 2023 and the attempt to adapt parts of the TEN-T networks for a dual use of the transport infrastructure with a view to improving both civilian and military mobility; highlights that a further increase is needed in line with the needs of the new geopolitical situation in order to reinforce critical infrastructures such as ports, airports, tunnels and bridges;
Amendment 59 #
2022/0212(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. Reiterates Parliament’s request for the creation of a specific Union programme on sustainable Union-wide tourism of a specific budget line that reflects both the importance of the sector in the Union economy and its needs;
Amendment 60 #
2022/0212(BUD)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
Amendment 68 #
2022/0212(BUD)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Recalls that any new legislation applying to the transport sector, such as the Green Deal and in particular the Sustainable and Smart Mobility Strategy, implies additional responsibilities for EU transport agencies; highlights that the ERA has an outstanding climate and environmental performance and is crucial to achieving modal shift and advancing in the establishment of the Single European Railway Area and the deployment of ERTMS; recalls that ERA can provide additional support to TEN-T completion objectives -particularly in cross-border sections-, and consequently, could have a key role in assisting Member States in the establishment of the new ‘EU-Ukraine Solidarity Lanes’; reiterates that adequate financing of EASA is needed in line with its contribution to the green recovery of the EU’s aviation industry; stresses EMSA's important role in supporting sustainability of maritime transport;
Amendment 73 #
2022/0212(BUD)
Draft opinion
Paragraph 10
Paragraph 10
10. Acknowledges the slight increase in the budgets of the transport Joint Undertakings; highlights the importance of their work in boosting research and innovation and improving the performance, safety and sustainability of the transport sector.;
Amendment 16 #
2022/0115(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Making geographically linked products is often based on local know-how and materials and follows local production methods that are rooted in the cultural and social heritage of the home region of such products. Efficient intellectual property protection has the potential to contribute to increased profitability and attractiveness of the traditional craft professions. Specific geographical indication protection is acknowledged so as to safeguard and develop cultural heritage both in the agricultural and the craft and industrial areas. Efficient procedures should be established for the registration of Union geographical indications protecting the names of craft and industrial products, which take into account regional and local specificities. The geographical indication system for craft and industrial products should ensure that the production and marketing traditions are maintained and enhanced.
Amendment 21 #
2022/0115(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) It is therefore necessary to firstly, ensure fair competition for producers of craft and industrial products in the internal market; secondly, guarantee the availability to consumers of reliable information pertaining to such products; thirdly, safeguard and develop cultural and artistic heritage and traditional know-how; fourthly ensure an efficient registration of geographical indications for craft and industrial products both for the Union and at international level; fifthly provide for an effective enforcement of intellectual property rights throughout the Union and in electronic commerce within the internal market and by the means of trade agreements negotiated by the EU with third countries, and lastly, ensure the link with the international registration and protection system based on the Geneva Act.
Amendment 27 #
2022/0115(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) To provide for a full coverage of craft and industrial products eligible for GI protection (i.e. those having processing methods, characteristics, attributes or reputation linked to their place of production or manufacturing), the scope of this Regulation needs to be determined in line with the relevant international framework, namely, the World Trade Organization. Hence, the use of the Combined Nomenclature should be established through direct reference to Annex I to Council Regulation No 2658/8710 . This approach ensures coherence with the scope of the revised GI Regulation for agricultural products, foodstuff, wine and spirits. _________________ 10 Council Regulation (EEC) No 2685/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff Regulation (OJ L 256, 7.9.1987 p.1).
Amendment 39 #
2022/0115(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Union negotiates international agreements, including those concerning the protection geographical indications, with its trade partners. Protection of geographical indications for craft and industrial products throughout the Union can also stem from those agreements, irrespective of the international registrations provided under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications or the application and registration system set out in this Regulation. In its negotiating capacity the Commission should to extend protection of geographical indications pertaining to craft and industrial products with trade partners which are not party to the Geneva Act of the Lisbon Agreement by agreements with third countries. In order to facilitate the provision to the public of information about the geographical indications protected in the Union either by virtue of the international registrations provided under the Geneva Act or by virtue of the international agreements with the Union trade partners, and in particular to ensure protection and control of the use to which those geographical indications are put, those geographical indications should be entered in the Union register of geographical indications for craft and industrial products.
Amendment 116 #
2022/0115(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Geographical indications concerning products from third countries that are protected in the Union under an international agreement to which the Union is a contracting party shall be entered in the Union register of geographical indications for craft and industrial products, which should be regularly updated. Geographical indications other than those protected in the Union pursuant to Article 7 Regulation EU 2019/5713 shall be registered by means of implementing acts adopted by the Commission in accordance with the examination procedure referred to in Article 65(2).
Amendment 29 #
2022/0051(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The behaviour of companies across all sectors of the economy is key to success in the Union’s sustainability objectives as many Union companies, especially large ones, rely on global value chains. It is also in the interest of companies to protect human rights and the environment, and uphold good governance, in particular given the rising concern of consumers and investors regarding these topics. Several initiatives fostering enterprises which support value- oriented transformation already exist on Union77 , as well as national78 level. _________________ 77 ‘Enterprise Models and the EU agenda’, CEPS Policy Insights, No PI2021-02/ January 2021. 78 E.g. https://www.economie.gouv.fr/entreprises/ societe-mission
Amendment 30 #
2022/0051(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Existing international standards on responsible business conduct specify that companies have a responsibility to respect and should protect human rights and set out how they should address the protection of the environment across their operations and value chains. The United Nations Guiding Principles on Business and Human Rights79 recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations, products and services on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships. The UN Guiding Principles state that businesses should have in place processes to enable the remediation of any adverse human right impacts they cause or to which they contribute. _________________ 79 United Nations’ “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”, 2011, available at https://www.ohchr.org/documents/publicati ons/guidingprinciplesbusinesshr_en.pdf.
Amendment 33 #
2022/0051(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5 a) The United Nations Guiding Principles on Business and Human Rights further recognise, as part of their duty to protect against business-related human rights abuses, that States should take appropriate steps to ensure, through judicial, administrative and legislative means, that those affected have access to an effective remedy.
Amendment 35 #
2022/0051(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) All companies have the responsibility to respect human rights, as enshrined in the international conventions listed in the Annex, Part I, Section 2, regardless of their size, sector, operational context, ownership and structure, and therefore under this Directive they should be required to conduct due diligence and should take appropriate measures to identify and address adverse human rights impacts along their value chain. The extent and nature of due diligence can vary according to the size, sector, operating context, and risk profile of the company.
Amendment 37 #
2022/0051(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The European Parliament, in its resolution of 10 March 2021 calls upon the Commission to propose Union rules for a comprehensive corporate due diligence obligations, applicable to all large companies and SMEs listed in stock exchanges or operating in high-risk sectors, with consequences up to and including civil liability for those companies that cause or contribute to harm by failing to carry out due diligence100 . The Council Conclusions on Human Rights and Decent Work in Global Supply Chains of 1 December 2020 called upon the Commission to table a proposal for a Union legal framework on sustainable corporate governance, including cross- sector corporate due diligence obligations along global supply chains.101. The European Parliament also calls for clarifying directors` duties in its own initiative report adopted on 2 December 2020 on sustainable corporate governance. In their Joint Declaration on EU Legislative Priorities for 2022102 , the European Parliament, the Council of the European Union and the Commission have committed, to deliver on an economy that works for people, and to improve the regulatory framework on sustainable corporate governance. _________________ 100 European Parliament resolution of 10 March 2021 with recommendations to the Commission on corporate due diligence and corporate accountability (2020/2129(INL)), P9_TA(2021)0073, available at https://oeil.secure.europarl.europa.eu/oeil/p opups/ficheprocedure.do?lang=en&referen ce=2020/2129(INL). 101 Council Conclusions on Human Rights and Decent Work in Global Supply Chains, 1 December 2020 (13512/20). 102 Joint declaration of the European Parliament, the Council of the European Union and the European Commission on EU Legislative Priorities for 2022, available at https://ec.europa.eu/info/sites/default/files/j oint_declaration_2022.pdf.
Amendment 38 #
2022/0051(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive aims to ensure that companies active in the internal market respect human rights and contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potential or of potential and actual adverse human rights, environmental and good governance impacts and through bringing to an end and providing for remediation of actual adverse impacts on human rights and, the environmental impacts and good governance connected with companies’ own operations, subsidiaries and value chains.
Amendment 41 #
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, products and services, those of 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. In such a situation, the company should be required to terminate the harmful business relationship and to modify the structure of its value chain in order to ensure that the value chain no longer contributes to or can be a cause of the adverse impact. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the company’s value chain, sector or geographical area in which its value chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influence.
Amendment 44 #
2022/0051(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The due diligence process set out in this Directive should cover the six steps defined by the OECD Due Diligence Guidance for Responsible Business Conduct, which include due diligence measures for companies to identify and address adverse human rights and environmental impacts. This encompasses the following steps: (1) integrating due diligence into policies and management systems, (2) identifying and assessing adverse human rights and environmental impacts, (3) preventing, ceasing or minimising actual and potential adverse human rights, and environmental impacts, (4)and good governance impacts, (4) verifying, monitoring and assessing the effectiveness of measures, (5) communicating, (6) providing remediation.
Amendment 49 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The value chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company. It should encompass upstream established direct and indirect business relationships that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.
Amendment 50 #
2022/0051(COD)
Proposal for a directive
Recital 19
Recital 19
(19) As regards regulated financial undertakings providing loan, credit, or other financial services, “value chain” with respect to the provision of such services should be limited to the activities of the clients receiving such services, and the subsidiaries thereof whose activities are linked to the contract in question. Cclients that are households and natural persons not acting in a professional or business capacity, as well as small and medium sized undertakings, should not be considered to be part of the value chain. The activities of the companies or other legal entities that are included in the value chain of that client should not be covered.
Amendment 52 #
2022/0051(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 56 #
2022/0051(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Under this Directive, EU companies with more than 2500 employees on average and a worldwide net turnover exceeding EUR 1540 million in the financial year preceding the last financial year should be required to comply with due diligence. As regards companies which do not fulfil those criteria, but which had more than 250 employees on average and more than EUR 40 million700 000 worldwide net turnover in the financial year preceding the last financial year and which operate in one or more high-impact sectors, due diligence should apply 2 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period. In order to ensure a proportionate burden, companies operating in such high- impact sectors should be required to comply with more targeted due diligence focusing on severe adverse impacts. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103 , should be included in the calculation of the number of employees in the user company. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company. _________________ 103 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
Amendment 58 #
2022/0051(COD)
Proposal for a directive
Recital 22
Recital 22
(22) In order to reflect the priority areas of international action aimed at tackling human rights and, environmental and good governance issues, the selection of high- impact sectors for the purposes of this Directive should be based on existing sectoral OECD due diligence guidance. The following sectors should be regarded as high-impact for the purposes of this Directive: the manufacture of textiles, wearing apparel, fur, leather and related products (including footwear), and the wholesale trade and retail of textiles, clothing and footwear; agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, animal products, wood, food, and beverages; energy, the extraction, transport and handling of mineral resources regardless of where they are extracted from (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non- metallic minerals and quarry products), the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products (except machinery and equipment), and the wholesale trade of mineral resources, basic and intermediate mineral products (including metals and metal ores, construction materials, fuels, chemicals and other intermediate products). As regards the financial sector, due to its specificities, in particular as regards the value cha construction and related activities and the provision of fin and thecial services offered, even if it is covered by sector-specific OECD guidance, it should not form part of the high-impact sectors covered by this Directive. At the same time, in this sector, the broader coverage of actual and potential adverse impacts should be ensured by also including very large compani, such as loans, credits, financing, pensions, market funding, risk management, payment services, securitisation, insurance or reinsurance services, in the scope that are regulated financial undertakings, even if they do not have a legal form with limited liabilityvestment services and activities, and other financial services.
Amendment 60 #
2022/0051(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In order to achieve fully the objectives of this Directive addressing human rights and adverse environmental, environmental and good governance adverse impacts with respect to companies’ operations, products and services, and those of its subsidiaries and value chains, third-country companies with significant operations in the EU should also be covered. More specifically, the Directive should apply to third-country companies which generated a net turnover of at least EUR 1540 million in the Union in the financial year preceding the last financial year or a net turnover of more than EUR 40 million700 000 but less than EUR 1540 million in the financial year preceding the last financial year in one or more of the high- impact sectors, as of 2 years after the end of the transposition period of this Directive.
Amendment 62 #
2022/0051(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In order to achieve a meaningful contribution to the sustainability transition, due diligence under this Directive should be carried out with respect to adverse human rights impact on protected persons resulting from the violation of one of the rights andany action which removes or reduces the ability of an individual or group to enjoy the rights or to be protected by the prohibitions as enshrined in the international conventions and instruments listed in the Annex to this Directive, which include trade union, workers’ and social rights. In order to ensure a comprehensive coverage of human rights, a violation of a prohibition ornegative impact on the enjoyment of a right not specifically listed in that Annex which directly impairs a legal interest protected in those conventions and instruments should also form part of the adverse human rights impact covered by this Directive, provided that the company concerned could have reasonably established the risk of such impairment and any appropriate measures to be taken in order to comply with the due diligence obligations under this Directive, taking into account all relevant circumstances of their operations, such as the sector and operational context. Due diligence should further encompass adverse environmental impacts on air, water, soil, biodiversity, animal welfare, climate mitigation and adaptation, the transition to a circular economy and impacts resulting from the violation of one of the prohibitions and obligations pursuant to the international environmental conventions listed in the Annex to this Directive. Due diligence should also be carried out in relation to adverse good governance impacts, such as on the proper functioning of public administration and services, the rule of law, and democratic electoral systems, and impacts resulting from the violation of one of the prohibitions and obligations pursuant to the international good governance conventions listed in the Annex to this Directive
Amendment 63 #
2022/0051(COD)
Proposal for a directive
Recital 27
Recital 27
(27) In order to conduct appropriate human rights, and environmental and good governance 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, remediate as well as bring to an end and minimistigate the extent of potential and actual adverse human rights and, environmental and good governance impacts, establish and maintaor participate in a complaints procedure, monitor and verify the effectiveness of the taken measures taken in accordance with the requirements that are set up in this Directive and, communicate publicly on their due diligence and consult with affected stakeholders throughout this entire process. 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 65 #
2022/0051(COD)
Proposal for a directive
Recital 28
Recital 28
(28) In order to ensure that due diligence forms part of companies’ corporate policies, and in line with the relevant international framework, companies should integrate due diligence into all their corporate policies and have in place a due diligence policy. The due diligence policy should contain a description of the company’s approach, including in the long term, to due diligence, a code of conduct describing the rules and principles to be followed by the company’s employees and subsidiaries; a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to established business relationships. The code of conduct should apply in all relevant corporate functions and operations, including procurement and purchasing decisions. Companies should also update and publish their due diligence policy annually.
Amendment 66 #
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 measure that is capable of achieving the objectives of due diligence, commensurate with the degree of severity and the likelihood of the adverse impact, and reasonably available to the company, taking into account the circumstances of the specific case, including characteristics of the economic sector and of the specific business relationship and the company’s influence thereof, and the need to ensure prioritisation of action. In this context, in line with international frameworks, the company’s 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 and good governance 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 67 #
2022/0051(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Under the due diligence obligations set out by this Directive, a company should identify actual or potential adverse human rights and environmental impacts. In order to allow for a comprehensive identification of adverse impacts, such identification should be based on meaningful stakeholder engagement and quantitative and qualitative information. For instance, as regards adverse environmental impacts, the company should obtain information about baseline conditions at higher risk sites or facilities in 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 69 #
2022/0051(COD)
Proposal for a directive
Recital 31
Recital 31
Amendment 72 #
2022/0051(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Under the due diligence obligations set out by this Directive, if a company identifies potential adverse human rights or, environmental or good governance impacts, it should take appropriate measures to prevent and adequately mitigate them. To provide companies with legal clarity and certainty, this Directive should set out the actions companies should be expected to take for prevention and mitigation of potential adverse impacts where relevant depending on the circumstances.
Amendment 73 #
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, c. Companies should develop and implement a prevention action plan. Companies should seek to obtain contractual assurances from a directengage and support business partners with whom they have an established business relationship that it willroughout their ensutire 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. Thvalue chains in order to obtain assurance, contractual or otherwise, of implementation of the prevention action plan of the company concerned. Possible contractual assurances should be accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also adapt their business models and strategies, including trading, procurement, purchasing and pricing practices, and make investments which aim to prevent adverse impacts, provide targeted and proportionate support for an SME with which they have an established business relationshippartners, suppliers, including SMEs 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 78 #
2022/0051(COD)
Proposal for a directive
Recital 36
Recital 36
(36) In order to ensure that prevention and mitigation of potential adverse impacts is effective, companies should prioritize engagement with business relationships in the value chain, instead of terminating the business relationship, as a last resort action after attempting at preventing and mitigating adverse potential impacts without success. However, the Directive should also, fFor cases where potential adverse impacts could not be addressed by the described prevention or mitigation measures, refer tocompanies should have the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to. In such a situation, companies should take one of the following actions: either temporarily suspend commercial relationships with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts are to succeed in the short-termtigation efforts; or to terminate the business relationship with respect to the activities concerned if the potential adverse impactmitigation and ceasing of the impact is made impossible, in particular due to its seveystemic or state-imposed nature. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to suspend or terminate the business relationship in contracts governed by their laws. The suspension or termination of harmful business relationships should be without prejudice to the civil liability of the company for previous damage arising from its failure to comply with the due diligence obligations under this Directive. It is possible that prevention of adverse impacts at the level of indirect business relationships requires collaboration with another company, for example a company which has a direct contractual relationship with the supplier. In some instances, such collaboration could be the only realistic way of preventing adverse impacts, in particular, where the indirect business relationship is not ready to enter into a contract with the company. In these instances, the company should collaborate with the entity which can most effectively prevent or mitigate adverse impacts at the level of the indirect business relationship while respecting competition law.
Amendment 81 #
2022/0051(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Under the due diligence obligations set out by this Directive, if a company identifies actual human rights or, environmental or good governance adverse impacts, it should take appropriate measures to bring those to an end. It can be expected that a company is able to bring to an end actual adverse impacts in their own operations and in subsidiaries. However, it should be clarified that, as regards established business relationships, where adverse impacts cannot be brought to an end, companies should minimistigate the extent of such impacts, whilst pursuing efforts to bring the adverse impact to an end, and implementing a corrective action plan, developed in consultation with affected stakeholders. Minimisation of the extent of adverse impacts should require an outcome that is the closest possible to bringing the adverse impact to an end. To provide companies with legal clarity and certainty, this Directive should define which actions companies should be required to take for bringing actual human rights and environmental adverse impacts to an end and minimisation of their extent, where relevant depending on the circumstances.
Amendment 82 #
2022/0051(COD)
Proposal for a directive
Recital 39
Recital 39
(39) So as to comply with the obligation of bringing to an end and minimising the extent of actual adverse impacts under this Directive, companies should be required to take the following actions, where relevant. They should neutralise the adverse impact or minimise its extent, with an action proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Where necessary due to the fact that the adverse impact cannot be immediately brought to an end, cCompanies 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 direcengage and support business partners with whom they have an established business relationship that they willroughout their ensutire 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. Thvalue chains in order to obtain assurance, contractual or otherwise, of implementation of the company’s corrective action plan. Possible contractual assurances should be accompanied by the appropriate measures to verify compliance. Finally, companies should also make investments aiming at ceasing or minimistigating the extent of adverse impact, provide targeted and proportionate support for anpartners and suppliers, including 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 86 #
2022/0051(COD)
Proposal for a directive
Recital 41
Recital 41
(41) In order to ensure that bringing actual adverse impacts to an end or minimising them is effective, companies should prioritize engagement with business relationships in the value chain, instead of terminating the business relationship, as a last resort action after attempting at bringing actual adverse impacts to an end or minimising them without success. However, this Directive should also, fFor cases where actual adverse impacts could not be brought to an end or adequately mitigated by the described measures, refer tocompanies should have the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to. In such situations, companies should take one of the following actions: either temporarily suspend commercial relationships with the partner in question, while pursuing efforts to bring to an end or minimise the extent oftigate the adverse impact, or terminate the business relationship with respect to the activities concerned, if the adverse impact is considered sevemitigation and ceasing of the impact is made impossible, in particular due to its systemic or state-imposed nature. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to suspend or terminate the business relationship in contracts governed by their laws. The suspension or termination of a harmful business relationship should be without prejudice to the civil liability of the company for previous damage arising from its failure to comply with the due diligence obligations under this Directive.
Amendment 88 #
2022/0051(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Companies should provide the possibility forestablish or participate in effective mechanisms that can be used by persons and organisations to easily submit complaints directly to them in case of legitimate concerns regarding actual or potential human rights and, environmental and good governance 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, and legal and natural persons defending human rights and the environment. Companies should establish a procedure for dealing with those complaints and inform workers, trade unions and other workers’ representatives, where relevant, about such processes. Companies should provide the possibility of submitting complaints through collaborative agreements with other companies or organisations, by participating in multi- stakeholder grievance mechanisms or joining a global framework agreement. Recourse to the complaints and remediation mechanism should not prevent the complainant from having recourse to judicial remedies, nor should the former be a prerequisite before seeking judicial remedies. In accordance with international standards, complainants should be entitled to requestceive 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. Companies should also be responsible for ensuring that any complainants are protected from potential retaliation and retribution, for instance by ensuring anonymity or confidentiality in the complaints process. The complaints procedure should be legitimate, accessible, predictable, safe, equitable, transparent, rights-compatible and adaptable asset out in the effectiveness criteria for non-judicial grievance mechanisms in Principle 31 of the United Nations Guiding Principles on Business and Human Rights and the United Nations Committee on the Rights of the Child General Comment No 16.
Amendment 92 #
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 periodongoing and dynamic assessments of their own operations, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitig, mitigation and remediation of human rights and environmental adverse impacts. Such assessments should verify that potential or actual 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 94 #
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 impacthe following aspects: specific adverse impacts, including adverse impacts on good governance; full mapping of companies’ value chains and efficient processes to monitor partners’ behaviours throughout the entire value chain; responsible and sustainable trading, purchasing and pricing policies; facilitation of access to justice for victims, including regarding collective redress, representative actions, non-discriminatory costs of proceedings and appropriate limitation periods; prevention and mitigation of retaliation risks faced by stakeholders, including human rights and environmental rights defenders, as a result of their participation; implementation of heightened due diligence in conflict-affected areas, occupation situations, and non-self- governing territories; responsible disengagement from harmful business relationships; methodology and criteria to be used by supervisory authorities to make decisions related to administrative sanctions and nature and harmonisation of effective, proportionate and dissuasive sanctions; assessing the integrity and fitness of industry schemes and multi- stakeholder initiatives, in particular the inclusion of the perspectives of civil society and stakeholders in audits.
Amendment 96 #
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 SMEs.
Amendment 99 #
2022/0051(COD)
Proposal for a directive
Recital 49
Recital 49
(49) The Commission and Member States should continue to work in partnership with third countries to support upstream economic operators build the capacity to effectively prevent and mitigate adverse human rights and, environmental and good governance impacts of their operations and business relationships, paying specific attention to the challenges faced by smallholders. They should use their neighbourhood, development and international cooperation instruments to support third country governments and upstream economic operators in third countries addressing adverse human rights and, environmental and good governance impacts of their operations and upstream business relationships. This could include working with partner country governments, the local private sector and stakeholders on addressing the root causes of adverse human rights and, environmental and good governance impacts.
Amendment 104 #
2022/0051(COD)
Proposal for a directive
Recital 57
Recital 57
(57) As regards damages occurring at the level of established indirect business relationships, the liability of the company should be subject to specific conditions. The company should not be liable if it carried out specific due diligence measures. However, it should not be exonerated from liability through implementing such measures in case it was unreasonable to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the adverse impact. In addition, in the assessment of the existence and extent of liability, due account is to be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided as well as any collaboration with other entities to address adverse impacts in its value chains.
Amendment 110 #
2022/0051(COD)
(71) The objective of this Directive, namely, to promote the respect for and protection of human rights, the environment and good governance worldwide, in line with the Treaty on European Union and the Treaty on the Functioning of the European Union and making sure that products and services placed in the market have not involved violations of human right, environmental rights and good governance and better exploiting the potential of the single market to contribute to the transition to a sustainable economy and contributing to sustainable development through the prevention and mitigation of potential or actual human rights and, environmental and good governance adverse impacts in companies’ value chains, cannot be sufficiently achieved by the Member States acting individually or in an uncoordinated manner, but can rather, by reason of the scale and effects of the actions, be better achieved at Union level. In particular, addressed problems and their causes are of a transnational dimension, as many companies are operating Union wide or globally and value chains expand to other Member States and to third countries. Moreover, individual Member States’ measures risk being ineffective and lead to fragmentation of the internal market. Therefore, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
Amendment 118 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts and environmental adverse impactson human rights, the environment and good governance, with respect to their own operations, the operationsproducts and services and those of their subsidiaries, and the value chain operations carried out by entities with whom the company has an established business relationship and
Amendment 119 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a a (new)
Article 1 – paragraph 1 – subparagraph 1 – point a a (new)
(a a) The rules provided for under this Directive are aimed at ensuring that companies fulfill their duty to respect human rights, the environment and good governance and that those affected by a failure to respect this duty have access to justice.
Amendment 123 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
Amendment 131 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive shall be without prejudice to obligations in the areas of human rights, good governance, protection of the environment and climate change under other Union legislative acts. If the provisions of this Directive conflict with a provision of another Union legislative act pursuing the same objectives and providing for more extensive or more specific obligations, the provisions of the other Union legislative act shall prevail to the extent of the conflict and shall apply to those specific obligations.
Amendment 139 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the company had more than 2500 employees on average and had a net worldwide turnover of more than EUR 1540 million in the last financial year for which annual financial statements have been prepared;
Amendment 147 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
Article 2 – paragraph 1 – point b – introductory part
(b) the company did not reach the thresholds under point (a), but had more than 250 employees on average and had a net worldwide turnover of more than EUR 40 million700 000 in the last financial year for which annual financial statements have been prepared, provided that at least 50% of this net turnover was generated in one or more of the following sectors:
Amendment 152 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point i
Article 2 – paragraph 1 – point b – point i
(i) the manufacture of textiles, wearing apparel, fur, leather and related products (including footwear), and the wholesale trade and retail of textiles, clothing and footwear;
Amendment 156 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point ii
Article 2 – paragraph 1 – point b – point ii
(ii) agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, animal products, wood, food, and beverages;
Amendment 161 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii
Article 2 – paragraph 1 – point b – point iii
(iii) energy, the extraction, transport and handling of mineral resources regardless from where they are extracted (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non-metallic minerals and quarry products), the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products (except machinery and equipment), and the wholesale trade of mineral resources, basic and intermediate mineral products (including metals and metal ores, construction materials, fuels, chemicals and other intermediate products).
Amendment 164 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii a (new)
Article 2 – paragraph 1 – point b – point iii a (new)
(iii a) construction and related activities;
Amendment 166 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii b (new)
Article 2 – paragraph 1 – point b – point iii b (new)
(iii b) the provision of financial services, such as loans, credits, financing, pensions, market funding, risk management, payment services, securitisation, insurance or reinsurance, investment services and activities and other financial services;
Amendment 190 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) generated a net turnover of more than EUR 1540 million in the Union in the financial year preceding the last financial year;
Amendment 194 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) generated a net turnover of more than EUR 40 million700 000 but not more than EUR 1540 million in the Union in the financial year preceding the last financial year, provided that at least 50% of its net worldwide turnover was generated in one or more of the sectors listed in paragraph 1, point (b).
Amendment 215 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘value chain’ means activities related toll upstream and downstream activities, operations, including marketing and advertising, related to, and entities involved in, the production and supply of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘value chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The value chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
Amendment 221 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
Amendment 226 #
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, workers and their representatives, trade unions, local communities, indigenous people, human rights and environmental rights defenders, civil society organisations, company’s shareholders and other individuals, groups, communities or entities whose rights or interests are or could be affected by the potential or actual adverse impacts on human rights, the environment and good governance caused by the products, services and operations of that company, its subsidiaries and its business relationships; across the entire value chain;
Amendment 233 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) ‘appropriate measure’ means a measure that is capable of achieving the objectives of due diligence, commensurate with in a manner proportionate to the degree of severity and the likelihood of the adverse impact, and reasonably available to the company, taking into account the circumstances of the specific case, including the nature of the adverse impact, 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, the nature of the company’s specific activities, products and services, and the specific business relationship.
Amendment 274 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
Article 8 – paragraph 6 – subparagraph 1 – introductory part
As regards actual adverse impacts within the meaning of paragraph 1 that could not be brought to an end or the extent of which could not be minimistigated by the measures provided for in paragraphs 3, 4 and 5 or any other means and where there is no reasonable prospect of change, the company shall refrain from entering into new or extending existing relations with the partner in connection to or in the value chain of which the impact has arisen and shall, where the law governing their relations so entitles them to, take one of the following actions:
Amendment 279 #
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 280 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point a a (new)
Article 8 – paragraph 6 – subparagraph 1 – point a a (new)
(a a) engage in a timely manner, efficiently and meaningfully with stakeholders impacted by the decision to suspend or terminate the relationship before reaching such decision;
Amendment 283 #
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 sevewhere mitigation and ceasing of the impact is made impossible, in particular by its systemic or state-imposed nature.
Amendment 285 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point b a (new)
Article 8 – paragraph 6 – subparagraph 1 – point b a (new)
(b a) provide for remediation of past adverse impacts pursuant to paragraph 3, point (a)
Amendment 286 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point b b (new)
Article 8 – paragraph 6 – subparagraph 1 – point b b (new)
(b b) identify, prevent and mitigate the potential or actual adverse impacts related to the suspension or termination of the relationship and cooperate to remediate the impact arising from disengagement.
Amendment 290 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 2
Article 8 – paragraph 6 – subparagraph 2
Member States shall provide for the availability of an option to suspend or terminate the business relationship in contracts governed by their laws.
Amendment 293 #
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 forestablish or participate in effective mechanisms that can be used by persons and organisations listed in paragraph 2 to submit complaints to them where they have legitimate concerns regarding actual or potential adverse human rights impacts and adverse environmental, environmental impacts or good governance impacts with respect to their own operations, the operations of their subsidiaries and their value chains. Member States shall ensure that companies are able to provide such a possibility to submit complaints through collaborative arrangements with other companies or organisations, by participating in multi-stakeholder grievance mechanisms or joining a Global Framework Agreement. The complaint procedure shall be safe, legitimate, accessible and equitable, and shall provide for the possibility to raise complaints anonymously and confidentially. Recourse to such procedures shall not preclude claimants from having access to judicial mechanisms.
Amendment 312 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) persons who are affected or have reasonable grounds to believe that they might be affected by an adverse impactindividuals, groups, communities or entities whose rights or interests are or could be affected by the products, services and operations of that company, its subsidiaries and its business relationships throughout the entire value chain,
Amendment 317 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) the company’s employees, the employees of its subsidiaries, workers; trade unions and other workers’ representatives, including those representing individuals working in the value chain concerned,
Amendment 326 #
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., and
Amendment 327 #
2022/0051(COD)
(c a) legal or natural persons defending human rights, good governance and the environment.
Amendment 331 #
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, by ensuring that complaints are anonymous and confidential; and inform the relevant 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.
Amendment 333 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
(a) to requestceive timely and appropriate follow-up on the complaint from the company with which they have filed a complaint pursuant to paragraph 1, providing substantiated reasoning as to whether a claim has been considered founded or unfounded, and
Amendment 334 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point a a (new)
Article 9 – paragraph 4 – point a a (new)
(a a) Member States shall ensure that supervisory authorities are empowered to issue guidance to companies and other actors responsible for developing and administering complaints mechanisms, including in relation to their compliance with the criteria set out in this Article, in line with relevant international standards.
Amendment 343 #
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, representative SME organisations, business organisations and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, the European Labour Authority and where appropriate with international bodies having expertise in due diligence, mayshall issue guidelines, including for specific sectors or specific adverse impacts or contexts, such as situations of conflict or occupation. The Commission may also issue guidelines on responsible and sustainable trading, purchasing and pricing practices, as well as responsible disengagement from harmful business relationships, assessing the integrity and fitness of industry schemes and multi-stakeholder initiatives and implementation of heightened due diligence in conflict-affected areas, occupation situations, and non-self- governing territories.
Amendment 357 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Commission mayshall complement Member States’ support measures building on existing Union action to support due diligence in the Union and in third countries and mayshall devise new measures, including facilitation of joint stakeholder initiatives to help companies fulfil their obligations and enable stakeholders to exercise their rights. The Commission and Member States shall develop and strengthen cooperation and partnership mechanisms with third countries to address the root causes of adverse impacts on human rights, the environment and good governance, and build the capacity of upstream economic actors to comply with the requirements under this Directive.
Amendment 360 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. The Commission and European Union delegations in third countries shall complement Member States’ support measures in order to help stakeholders exercise their rights, including the submission of substantiated concerns pursuant to Article 19 and of civil claims pursuant to Article 22. Union Delegations shall be mandated to and provided with adequate resources to fulfil that facilitation and support role.
Amendment 366 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Companies may rely onuse credible industry schemes and multi-stakeholder initiatives to support the implementation of their obligations referred to in Articles 5 to 11 of this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. The Commission and the Member States may facilitate the dissemination of information on the precise scope, alignment with this Directive, and credibility of such schemes or initiatives and their outcome. The Commission, in collaboration with Member States, mayshall issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives. The company shall be responsible for assessing the reliability and quality of any industry initiative that they use.
Amendment 374 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point a
Article 22 – paragraph 1 – point a
(a) they or a company under their control failed to comply with the obligations laid down in Articles 7 and 8this Directive and;
Amendment 377 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) as a result of this failure the company or a company under their control caused or contributed to an adverse impact that should have been identified, prevented, mitigated, brought to an end, remedied or its extent minimised through the appropriate measures laid down in Articles 7 and 8 occurredthis Directive and led to damage.
Amendment 411 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
No later than … [OP please insert the date = 75 years after the date of entry into force of this Directive], the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive. The report shall evaluate the effectiveness of this Directive in reaching its objectives and assess the following issues:
Amendment 416 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) whether the thresholds regarding the number of employeeworkers and net turnover laid down in Article 2(1) need to be lowered;
Amendment 425 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point d
Article 29 – paragraph 1 – point d
(d) whether Articles 4 to 14 should be extended to adverse climatditional adverse environmental, climate, biodiversity, human rights or animal welfare impacts.
Amendment 427 #
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) the achievement of the objectives of this Directive, including the convergences in the implementation of measures between the Member States.
Amendment 68 #
2022/0032(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) A framework for increasing the Union’s resilience in the field of semiconductor technologies should be established, stimulating investment, promoting workforce skills and knowledge, including on chip design, production and research and development, strengthening the capabilities of the Union’s semiconductor supply chain, and increasing cooperation and coordination among the Member States and, the Commission and like-minded third countries.
Amendment 74 #
2022/0032(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It is necessary to take measures to build capacity and strengthen the Union’s semiconductor sector in line with Article 173(3) of the Treaty. These measures do not entail the harmonisation of national laws and regulations. In this regard, the Union should reinforce the competitiveness and resilience of the semiconductor technological and industrial base, whilst strengthening the innovation capacity of its semiconductor sector, reducing dependence on a limited number of third country companies and geographies, and strengthening its capacity to design and produce advanced components. The Chips for Europe Initiative (the ‘Initiative’) should support these aims by bridging the gap between Europe’s advanced research and innovation capabilities and their sustainable industrial exploitation. It should promote capacity building to enable design, production and systems integration in next generation semiconductor technologies, enhance collaboration among key players across the Union and like- minded third countries, strengthening Europe's semiconductor supply and value chains, serving key industrial sectors and creating new markets. EU should promote cooperation and coordination with like- minded partners rather than racing subsidies.
Amendment 81 #
2022/0032(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) Strengthening the Union’s technological leadership requires leading- edge and custom chips, in particular for future-proof and strategic sectors such as telecommunication infrastructure. It is thus necessary to ensure that the bolstering of Europe’s semiconductor value chain prioritises reinforcing European chip design capabilities and leverages the Union’s existing leadership in strategic assets such as 5G and 6G technologies ascross-sector enablers and critical infrastructure.
Amendment 89 #
2022/0032(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Given the globalised nature of the semiconductor supply chain, international cooperation with third countries is an important element to achieve a resilience of the Union’s semiconductor ecosystem. The actions taken under this Regulation should also enable the Union to play a stronger role, as a centre of excellence, in a better functioning global, interdependent semiconductors ecosystem. The Commission, assisted by the European Semiconductor Board, should cooperate and, build partnerships and make full use of current free trade agreements with third countries with a view to seeking solutions to address, to the extent possible, disruptions of the semiconductor supply chain.
Amendment 93 #
2022/0032(COD)
(7 a) As the establishment of a fully self-sufficient domestic semiconductor supply chain is unrealistic and expensive, with estimated incremental upfront investment costs of more than $1 trillion[1], the Union must secure resilient global sources of supply through diversification and building of international partnerships with like- minded third countries. The Union’s trade policy and initiatives such as the EU-US and EU-India Trade and Technology Councils (TTC) and the EU-Taiwan Trade and Investment Dialogue are essential, as well as EU-Japan Strategic Partnership and upcoming EU-South Korea Digital Partnership, for the establishment of these relationships.
Amendment 111 #
2022/0032(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In light of this, the Commission, in consultation with the European Semiconductor Board, should prepare the ground for a certification of green, trusted and secure chips and embedded systems that rely on or make extensive use of semiconductor technologies. In particular, they should discuss and identify the relevant sectors and products in need of such certification, taking into account existing international standards and the need to ensure the sufficient involvement of stakeholders across the semiconductor value chain and carried out in an open access.
Amendment 117 #
2022/0032(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30 a) The Commission should assess and monitor the actual or potential adverse human rights and environmental impact in the semiconductor supply chain that have been or should have been identified in accordance with applicable Union legislation or Member States legislation setting out due diligence and reporting requirements on corporate sustainability.
Amendment 141 #
2022/0032(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) A number of sectors are critical for the proper functioning of the internal market and preserving the competitiveness of European industries. Those critical sectors are the sectors listed in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities61 [2]. For the purposes of this Regulation, defence, telecommunication, and other activities that are relevant for public safety and security should be additionally considered as a critical sector. Sectors critical to the economic well-being of Europe, such as the automotive sector, should also be considered. Certain measures should only be enacted fuor the purpose of securing supply to critical sectors. The Commission may limit the emergency measures to certain of these sectors or to certain parts of them when the semiconductor crisis has disturbed or is threatening to disturb their operation. _________________ 61 COM(2020) 829. 16.12.2020.
Amendment 169 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘critical sector’ means any sector referred to in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities, the defence sector, telecommunication and other activities that are relevant for public safety and security;, as well as sectors critical wellbeing of Europe eg. automotive.
Amendment 187 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d – point 2
Article 4 – paragraph 2 – point d – point 2
(2) address the knowledge and skills shortage, attracting and mobilising new talent and supporting the emergence of a suitably skilled workforce for strengthening the semiconductor sector, including via reskilling and upskilling of workers on research, design and production.
Amendment 206 #
2022/0032(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) facilitating the transfer of expertise and know how between Member States and region, regions and international partners encouraging exchanges of skills, knowledge and good practices and encouraging joint programmes;
Amendment 246 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
7. National competent authorities designated pursuant to Article 26(1) shall map undertakings operating along the semiconductor supply chain in their national territory, including non- confidential information on the services or goods, and contact information, and request information from other relevant authorities and from individual undertakings operating along the semiconductor supply chain on the actual or potential adverse human rights and environmental impacts in the semiconductor supply chain that have been or should have been identified in accordance with applicable Union legislation or Member States legislation setting out due diligence and reporting requirements on corporate sustainability. They shall notify this list and any subsequent update to the Commission. The Commission mayshall issue guidance, after consulting the European Semiconductor Board, to further specify the information to be gathered and define the technical specifications and formats.
Amendment 250 #
2022/0032(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall, after consulting the European Semiconductor Board, assess risks that may disrupt, compromise or negatively affect the supply of semiconductors (Union risk assessment), including risks resulting from adverse human rights and environmental impacts. In the Union risk assessment, the Commission shall identify early warning indicators.
Amendment 282 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. When a semiconductor undertaking established in the Union is subject to a third country priority rated order measure, it shall inform the Commission. Should that obligation significantly impact the operation of certain critical sectors, the Commission may oblige that undertaking, where necessary, proportionate and as a last resort measure, to accept and prioritise orders of crisis relevant products in the line with paragraph 4, 5 and 6.
Amendment 296 #
2022/0032(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. The European Semiconductor Board shall support the Commission in international cooperation, including information gathering and, crisis assessment and coordination of responses to supply shortages, in line with international obligations.
Amendment 306 #
2022/0032(COD)
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article 26 a International cooperation 1. The Commission, on behalf of the Union, shall pursue cooperation with relevant third countries on mutual support and benefits in the field of semiconductor supply, building on complementarities and interdependencies along the semiconductor supply chain. 2. The Commission shall enter into consultations or cooperation, on behalf of the Union, with relevant third countries with a view to seeking cooperative solutions to address future supply chain disruptions, in compliance with international obligations. This may involve, where appropriate, coordination in relevant international for a, and should ensure robust engagement with the stakeholder community. 3. In future investment and trade agreement of the Union with relevant third countries, collaboration in the field of semiconductors and along the entire semiconductor supply chain shall be a priority. 4. For the purpose of implementing actions under the Initiative's component referred to in Article 5, point d, the Commission may set up an exchange programme for doctoral researchers in semiconductors engineering. The programme shall finance exchange periods for doctoral researchers between two or more higher education institutions in the Union and EEA members, including universities and research and technology organisations, and the relevant third countries. The cooperation agreement shall aim for the reciprocal participation of legal entities established in the Union in equivalent programmes of associated countries.
Amendment 10 #
2021/2200(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Indo-Pacific region has become a geopolitical and geoeconomic reality; whereas the region’s growing economic, demographic, and political weight makes it a key player in shaping the international order and in addressing global challenges; whereas the global economy’s centre of gravity has shifted from the Atlantic to the Pacific;
Amendment 16 #
2021/2200(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the EU currently has four bilateral trade agreements in place in the region (with Japan, Singapore, South Korea and Vietnam) and, five strategic partnerships (with ASEAN, China, India, Japan and South Korea) and two connectivity partnerships (with Japan and India);
Amendment 24 #
2021/2200(INI)
Motion for a resolution
Recital D
Recital D
D. whereas geopolitical competition between the United States and China continues to rise with significant effects on global tradein the global order between key players continues to rise, namely between US and China, with significant effects on global trade; whereas recent events have affected globally sustainable supply chains and sourcing of critical raw materials and escalating energy and food prices; whereas EU- China relationship has a multifaceted nature where China is both a cooperation and negotiating partner, but is also an economic competitor and a systemic rival in a number of areas;
Amendment 34 #
2021/2200(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the Regional Comprehensive Economic Partnership (RCEP) – led by ASEAN and signed as well by Australia, China, Japan, the Republic of Korea and New Zealand – entered into force in January 2022, thereby creating the world’s largest trading bloc; whereas the RCEP stands to promote greater regional cooperation in trade and investment and in digital trade while addressing regulatory issues to ease cross- border movements while including only limited provisions on labour and environment; and failing to be inclusive, people-oriented, weak on human rights, with lack of consultation of civil society organisations.
Amendment 44 #
2021/2200(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the COVID-19 crisis has accelerated a number of geopolitical trends that were already under way; whereas it also highlighted the need for deepening international cooperation namely in the health sector; whereas it has also shown vulnerabilities in the global supply chains and has made clear the need for more diversification;
Amendment 55 #
2021/2200(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the EU strategy for cooperation in the Indo-Pacific, which identifies tradesustainable and fair trade and investment as a priority; believes its main focus on inclusiveness and cooperation is essential; calls for the EU’s strategic approach and engagement with the Indo- Pacific region to be developed based on the multilateral, rules-based international order with a modernised World Trade Organization at its core, based on the principles of open environment for trade and investment, a level playing field, reciprocity and mutual benefit, based on shared values and principles, including a commitment to respecting democracy, human rights and the rule of law; stresses that this new approach should constitute a fundamental reorientation based on sharedcommon interests as the region is vital to EU prosperity;
Amendment 57 #
2021/2200(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Commission to increase its engagement with the Indo- Pacific region to build partnerships that reinforce the rules-based international order, address common global challenges, and lay the foundations for a just and sustainable economic recovery that creates long-term prosperity for both regions; reaffirms this engagement should be based on promoting democracy, the rule of law, human rights, labour rights and ratification of ILO Conventions, and universally agreed commitments such as the 2030 Agenda and its Sustainable Development Goals ( SDG’s), and the Paris Agreement on Climate Change.
Amendment 59 #
2021/2200(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Considers that the Indo-Pacific region is vital for mitigating climate change and protecting the planet’s ecological balance; believes that the EU’s engagement should seek to contribute to achieving the SDGs goals, to addressing climate change and environmental degradation and to supporting sustainable and inclusive socio-economic development, with the Green Deal at its core; therefore, calls on the Commission to engage in bilateral and multilateral cooperation with partners to meet the objectives of the Paris Agreement on Climate Change and the Convention on Biological Diversity (CBD); recalls the Indo-Pacific region is still severely hit by the COVID-19 pandemic, therefore a stronger focus is needed on securing access to the COVID-19 vaccine; calls on the Commission to work with countries of the region for pandemic preparedness including engaging in an international pandemic treaty; welcomes recent progress on the negotiations for a Covid- 19 related TRIPS waiver and insists that any outcome should cover vaccines, diagnostics and treatments.
Amendment 60 #
2021/2200(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Underlines that the Indo-Pacific region hosts major waterways that are of vital importance to EU trade and that 40% of the EU’s foreign trade passes through the South China Sea, making ocean governance and stability in this region a shared concern and area of cooperation; believes the EU should reinforce cooperation with Indo-Pacific partners in bilateral, regional and multilateral contexts, with the ASEAN, the African Union in the Western Indian Ocean and the ACP, to promote the rules-based international order, access to open markets and ensure a stable trading environment promoting economic growth, job creation and better living standards; underlines that further diversifying and deepening trade and investment ties should result in mutually supportive trade and economic relations with the region fostering inclusive economic growth and stability, promoting and facilitating connectivity; outlines that policy-making and cooperation with the region should promote inclusivity and assure that the voices of civil society, the private sector, social partners and other key stakeholders are taken into account.
Amendment 62 #
2021/2200(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to strengthen partnerships with all relevant actors in the Indo-Pacific, taking into consideration sub-regional dynamics and specificities, and to work closely with its Indo-Pacific like-minded partners to reinforce value chains by strengthening and diversifying trade relations in order to reduce strategic dependencies in critical supply chains with a particular focus on technologies and raw materials, by working towards the full implementation and better enforcement of existing trade agreements, by finalising ongoing trade negotiations and by developing cooperation in strategic sectors; underlines the importance of working together with like-minded Indo-Pacific countries on establishing technical standards, to further promote the EU as a global standard-setter;
Amendment 70 #
2021/2200(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the EU should make better and more strategic use of its economic leverage while respecting the political and economic specificities of its partner countries in order to reach its geopolitical goals, by deploying its full, integrated range of policy instruments for this purpose; and to promote global and binding standards on development, fiscal fairness, consumer protection, labour rights, and climate change while contributing to the region’s stability, security, prosperity and sustainable development, in line with the principles of democracy, rule of law, human rights and international law.
Amendment 83 #
2021/2200(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the substantial growth in bilateral trade between the EU and South Korea since the FTA entered into force in 2011; is pleased with the recent steps taken by South Korea in respect of the ratification and implementation of International Labour Organization (ILO) Conventions No 29, No 87 and No 98 and the implemented changes on the labour code; calls on South Korea to speedily take the necessary steps to ratify the outstanding ILO Convention No 105; supports further cooperation between the EU and South Korea on semiconductors;
Amendment 85 #
2021/2200(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the remaining EU Member States to proceed with the internal ratification of the EU-Singapore IPA and PCA, signed in October 2018, in particular given the importance of Singapore as the EU’s largest FDI destination in Asia, with EU FDI stocks in Singapore amounting to EUR 256 billion at the end of 2020; calls on Singapore to make increased efforts towards ratifying and implementing the fundamental ILO conventions;
Amendment 90 #
2021/2200(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes the EU-Japan Economic Partnership Agreement has been instrumental in creating more sustainable trade; welcomes the increase in the preference utilisation rates for EU exports to Japan in 2020; underlines that further progress is needed in the implementation of the agreement, in particular as regards the utilisation rates of tariff rate quotas opened by Japan for EU exporters, the liberalisation of trade in services and; welcomes the undertakings of Japan towards the ratification ofthe outstanding ILO Cconventions No 105 and further calls for swift progress on the ratification of ILO convention No 111;
Amendment 96 #
2021/2200(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Call onUrges the Member States to ratify the EU-Vietnam IPA and PCA so that it enters into force and creates favourable conditions to boost EU investment in Vietnam and in the region, in particular in areas promoting green transformation and the circular economy; underlines the importance of the TSD Chapter for the EU and calls for a swift set up of the Domestic Advisory Groups (DAG); urges Vietnam to guarantee a full implementation of the sanitary and phytosanitary provisions; invites Vietnam to complete its key labour reforms in accordance with the agreement and to swiftly ensure the ratification of ILO Convention No 87 by 2023;
Amendment 104 #
2021/2200(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for continuing actions oriented at raising awareness among businesses, stakeholders, civil society, social partners and citizens of existing FTAs in the region and the opportunities they provide; calls for strengthened technical and financial support where necessary to help partner countries to effectively implement FTAs, in particular the chapters on TSD;
Amendment 113 #
2021/2200(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for substantive progress and the conclusion of negotiations on the EU- Australia and EU-New Zealand FTAs by no later than mid 2022 in order for the European Parliament to be able to duly ratify these balanced agreements in the current parliamentary mandate, not compromising the content of the agreement over the calendar;
Amendment 115 #
2021/2200(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the decision to resume negotiations with India on a comprehensive trade agreement with India and supports, as an intermediate andand mutually beneficial trade agreement promoting shared values of freedom, democracy, pluralism, the rule of law, equality, respect for human rights, a commitment to promoting an inclusive, coherent and rules-based global order, effective multilateralism, fighting climate change, enforceable trade and sustainable development and promoting peace and stability in the world; welcomes as a positive step, the conclusion of a stand- alone IPA and possibly of an agreement on geographical indications; welcomes the establishment of permanent structures such as high-level dialogues in several sectors; calls on India to step up its engagement and meet the EU’s ambition on content and timetable;
Amendment 122 #
2021/2200(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines the need for the EU to pursue its multifaceted engagement with China, especially in this geopolitically challenging global contextdialogue with China, taking into account the present geopolitically challenging global context, including on the Russian invasion of Ukraine; stresses that it is important to continue engaging bilaterally to promote solutions to common challenges and to cooperate on issues of common interest;.
Amendment 124 #
2021/2200(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Acknowledges that the discussions on the ratification of the Comprehensive Investment Agreement between the EU and China have been put on hold in the European Parliament for the moment; believes, however,considers that dein spite ourf multiple diffvergences wethe EU should continue to maintain dialogue at all levels and through various channels to be able to understand eplomatic dialogue with interlocutors at all appropriate levels to find a way out of the present situation; recalls that is essential full respect for universal values and to abide by international standards including with regard to its impacht others positions and in particular to find a way out of the present situation; n climate, the environment, biodiversity, poverty, health, labour rights and human rights; urges China, in the context of promoting sustainable trade and development, to take concrete action towards the ratification and implementation of the four outstanding fundamental ILO conventions; calls on the Commission, the Council and all Member States to uphold the EU’s core values.
Amendment 136 #
2021/2200(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is looking forward toBelieves that the EU-China Summit taking place in April 2022; trusts that it will could contribute to calming the recently escalating trade and geopolitical tensions between both parties, that it will allowallowing for progress towards developing a much more balanced economic relationship based on reciprocity and that it will help to resolve the crisis linked to sanctions imposed on EU policymakers, including members of the European Parliament;
Amendment 144 #
2021/2200(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes recent progress in negotiations on the Comprehensive Economic Partnership Agreement with Indonesia, including on sustainability related areas, and renewed commitment by both sides to conclude this agreement; stresses that according to the Commission, the agreement could bring 2.3 % growth to the GDP of Indonesia by 2032;
Amendment 147 #
2021/2200(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Regrets the fact that negotiations on a bilateral trade and investment agreement with Philippines, which started in 2015, have been put on hold; acknowledge due to continuous violation of human rights and conditions to progress were not met; recalls that negotiations should only resume once the worrying and critical situation concerning human rights and the rule of law in Philippines has improved;
Amendment 1 #
2021/2177(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to its resolution on the 15th of January 2020 on the European Green Deal(2019/2956(RSP)),
Amendment 2 #
2021/2177(INI)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
— having regard to its report of 2 June 2021 on the trade-related aspects and implications of COVID- 19(2020/2117(INI)),
Amendment 3 #
2021/2177(INI)
Motion for a resolution
Citation 10 c (new)
Citation 10 c (new)
— having regard to the joint motion for a resolution of 29 January 2020 on India’s Citizenship (Amendment)Act, 2019 (2020/2519(RSP))
Amendment 10 #
2021/2177(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EU is India’s third- largest trading partner and leading foreign investor, while India is the EU’s ninth- largest trading partner and only accounted for less than 2.1 % of its total trade in goods in 2021; whereas there is untapped potential for stronger, deeper and mutually beneficial economic cooperation, as long as European standards are protected;
Amendment 15 #
2021/2177(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas India still faces important challenges in relation to sustainable development, human rights and the environment, notably with respect to the situation of minorities and the fundamental freedoms; whereas the European Parliament voiced its concern on the Citizenship (Amendment) Act,2019 (CAA), excluding Muslims to citizenship protection;
Amendment 22 #
2021/2177(INI)
Motion for a resolution
Recital E d (new)
Recital E d (new)
E d. whereas the European Commission presented the Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937 on 23 February; whereas the European Parliaments has called for a legislative proposal on an effective traceability mechanism for goods produced through forced and child labour;
Amendment 23 #
2021/2177(INI)
Motion for a resolution
Recital E e (new)
Recital E e (new)
E e. whereas COVID-19 has caused a global pandemic, giving rise to an unprecedented global health, economic, social and humanitarian crisis, which has created bottlenecks and disruptions of an unprecedented scale to international trade; whereas major fashion brands refused to pay for $16bn of goods during COVID-19, leaving overseas suppliers unable to pay garment workers;
Amendment 37 #
2021/2177(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses the economic and strategic importance of this agreement, which will only succeed if it manages to align the EU and India agenda and values in relation to sustainable development – to stimulate growth and employment, boost competitiveness, fight against poverty, make progress towards achieving the Sustainable Development Goals (SDGs), and support workers’ rights and fundamental freedoms;
Amendment 45 #
2021/2177(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the existing negotiating mandate is comprehensive and broad enough for negotiations to restart; takes the view, however, that an addendum is necessary to ensure thatNotes that for a swift adoption a trade agreement a complete revision of the negotiating mandate is not possible due to time restraints; stresses that the current mandate should be interpreted to be in line with modern standards to ensure that the environmental and human rights standard are at the core of the prospective comprehensive trade agreement; contains as integral parts thereof a dedicated chapter for SMEs, a dedicated chapter on raw materials to remove all export duties on raw materials, and an ambitious and enforceable trade and sustainable development chapteralls for an ambitious, binding and enforceable trade and sustainable development chapter which is subject to suitable and effective dispute settlement system with a sanctions-based mechanism that fully respects international commitments, and is aligned with the Paris Agreement and the European Green Deal,;
Amendment 66 #
2021/2177(INI)
Motion for a resolution
Paragraph 6 – introductory part
Paragraph 6 – introductory part
6. Encourages the negotiators to make good progress in achieving a comprehensive, state-of-the-art and WTO- compatible free trade agreement, giving priority to areas conducive to sustainable growth, addressing inequalities, and the digital and green just transitions, as follows:
Amendment 69 #
2021/2177(INI)
Motion for a resolution
Paragraph 6 – point i
Paragraph 6 – point i
i. the comprehensive elimination of tariffs and quotas on a reciprocal basis, while paying attention to sensitive products and ensuring that reductions will not be compensated by an increase in taxes and levies, including at state level, on imported, with a view to sensitive products;
Amendment 80 #
2021/2177(INI)
Motion for a resolution
Paragraph 6 – point iii
Paragraph 6 – point iii
iii. the elimination of onerousunjustified technical barriers to trade, including a review of the increasing number of obstacles of late such acurrent technical barriers ion ICT, medical devices, toys, alcoholic beverages, polished diamonds, food and steel; the agreement should seek to ensure compliance with the international standards of the International Organization for Standardisation (ISO), International Electrotechnical Commission (IEC) and International Telecommunication Union (ITU), go beyond the WTO Technical Barriers to Trade Agreement, ensurepreventing that there is no duplication of testing and certification, and streamline licensing schemes, quality control orders and clinical investigations;
Amendment 85 #
2021/2177(INI)
Motion for a resolution
Paragraph 6 – point iv
Paragraph 6 – point iv
iv. a comprehensive chapter on public procurement at all levels of governance in order to enforce the principles of transparency and non-discrimination in public procurement through effective remedy procedures; calls, in this respect, for India to accede to the WTO Agreement on Government Procurement and to prohibit ‘buy national’ practices;
Amendment 99 #
2021/2177(INI)
Motion for a resolution
Paragraph 6 – point vii
Paragraph 6 – point vii
vii. the establishment of modern rules of origin, in line with the EU’s other modern and comprehensive free trade agreementsexpected future directive of the recently presented Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937 proposal by the European Commission to ensure supply chain accountability;
Amendment 107 #
2021/2177(INI)
Motion for a resolution
Paragraph 6 – point x
Paragraph 6 – point x
x. effective bilateral measures on safeguards in addition toline with the existing WTO trade defence instruments;
Amendment 117 #
2021/2177(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the agreement should remove all discriminatory and disproportionate obstacles to establishment in services and manufacturing sectors in order to ensure a level playing field between EU and Indian operators, subject to special and differential treatment as appropriate;
Amendment 125 #
2021/2177(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Invites the EU’s negotiating team to make best use of India’s commitment to multilateralism and an international rules-based trading orderRegrets the lack of progress to reform the WTO and to urges India to play a more decisive role in ongoing efforts to reform the WTO; applaudto secure meaningful results at the next MC 12 in line with its economic and political weight; notes the EU and India’s co-sponsored reform proposal for the WTO Dispute Settlement Body and calls on India to join the multi- party interim appeal arbitration arrangement; commends the commitment of EU and Indian leaders to enhancing coordination on global economic governance, notably in the WTO and G20; expects to be briefed about the results of the EU-India Senior Officials’ Dialogue, which aims to deepen bilateral cooperation on WTO issues under the auspices of the High-Level Dialogues on Trade and Investment;
Amendment 137 #
2021/2177(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. ReaffirmNotes that an investment protection agreement could be an adequate stepping stone for further strengthening bilateral trade relations; encourages the negotiators to agree onput more pressure on the founding of a multilateral investment court, and to only accept a dedicated EU- India investment court system as a stepping stone to a multilateral investment courtmporary solution, to which both the EU and India should adhere;
Amendment 141 #
2021/2177(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. WelcomNotes the establishment of two joint working groups to ramp up regulatory cooperation on goods and services, including on green and digital technologies and on resilient supply chains with representatives from different stakeholders, including social partners, NGOs and business representatives, on equal footing; stresses the crucial role of the High-Level Dialogues on Trade and Investment for ensuring good progress overall, including on long- standing market access issues; expects to be briefed and consulted promptly and regularly about the results of these dialogues;
Amendment 144 #
2021/2177(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the negotiators, as a matter of priority, to agree on the establishment of a bilateral ex ante consultation platform between the EU and India designed to facilitate discussions and consultations in advance of any new measures ;believes that such a platform subsidies that could negatively affect trade or investment; takes the view that business and industry associations should be able to bring any new trade or investment irritants to the attention of the secretariat of this platform; believehould have representatives from different stakeholders, including social partners, NGOs and business representatives, on equal footing; considers that the platform shcould eventually be made an integral part of the governance framework of the future trade agreement;
Amendment 148 #
2021/2177(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that the conclusion of the EU-India free trade agreement should be supported with the establishment of a joint committee to provide joint monitoring, structured dialogue, and oversight by the European Parliament and both chambers of the Parliament of Indiato improve coordination, implementation and review of the measures of the TSD chapter and the agreement as a whole by the European Parliament and both chambers of the Parliament of India; stresses that the involvement of civil society in monitoring the implementation of the agreement is crucial, and calls for the swift establishment of Domestic Advisory Groups following the entry into force of the agreement and for the balanced representation of civil society therein, including independent organisations from the labour and environmental sectors; highlights that the Commission is failing to take into account the repeated demand from the European Parliament for greater enforceability and monitoring of commitments, for instance through the use of sanctions and a reform of the Domestic Advisory Group system;
Amendment 1 #
2021/2176(INI)
Motion for a resolution
Recital A
Recital A
A. whereas since the Lisbon Treaty, foreign direct investment has remained an exclusive competence of the European Union, as enshrined in Article 3(1)(e), Article 206 and Article 207 TFEU; whereas the EU’s international investment policy should be furtherneeds to accelerate and strengthen its reformeds to address the current challenges;
Amendment 17 #
2021/2176(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas, in order to attract investment, labour standards, respect for the environment and corporate social responsibility should not be lowered in the sustainable development chapters of EU IIA;
Amendment 22 #
2021/2176(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas foreign direct investment (FDI) in developing countries is a primary means of financing the 2030 Agenda for Sustainable Development; whereas such capital can support job creation, and social and environmental improvements as set out in the SDGs;
Amendment 23 #
2021/2176(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas the EU is a global leader in investment policy reform; whereas significant reform of investment policy has been undertaken at European and international level since the entry into force of the Lisbon Treaty, at the insistence and with the support of the European Parliament; whereas the EU has launched and concluded IIAs with third countries, reformed investment protection provisions, replaced ISDS with ICS, launched multilateral negotiations for an investment court, proposed legislation to regulate foreign subsidies, and adopted legislation for the screening of inward foreign direct investment; whereas these developments are significant steps in the right direction for a modernised and sustainable investment policy; whereas much more remains to be done to advance this reform agenda;
Amendment 27 #
2021/2176(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that the EU’s investment policy needs to meet the expectations of investors and beneficiary states, but also the EU’s broader economic interests and external policy objectives; considers that EU international investment policy needsshould continue to be reformed in order to address a variety of challenges and transform it into an integrated and coherent policy framework;
Amendment 33 #
2021/2176(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that investment can and should have a positive impact on sustainable development and create jobs; recalls that investment agreements should serve to facilitate investment, as well as provide a regulatory framework for minimum standards and commitments; points out that inbound and outbound investments need to meet the needs of the real economy; calls on the Commission to continue reviewing the EU’s investment policy to ensure consistency with the European Green Deal and the Sustainable Development Goals;
Amendment 44 #
2021/2176(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that the definition of investment as codified in EU IIAs covers not only greenfield investments, but alsoshould not cover financial instruments that can be held for purely speculative purposes or for the extraction of rent;
Amendment 46 #
2021/2176(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that greater transparency and tighter controls on arbitration have been introduced with the ICS, including the creation of a permanent tribunal, a permanent appeal mechanism, a code of conduct and improved substantive provisions, such as reiterating the right to regulate, improving transparency and preventing arbitration for loss or expectation of profits;
Amendment 67 #
2021/2176(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges the Commission to exclude invensure consistments in fossil fuels or any other activities that pose significant harm to the environment and human rightcy between IIAs and EU environment policies, labour rights and human rights, in particular by excluding investments in fossil fuels from treaty protections, in particularcluding investor- state arbitration mechanisms, and by including in the sustainable development chapters provisions that help to comply with the Paris Agreement and international treaties on labour and gender equality;
Amendment 73 #
2021/2176(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that even in the absence of legal proceedings, the explicit or implicit threat of recourse to investment arbitration can enhance the position of investors in negotiations with states (the ‘chilling effect’); calls on the Commission to follow the same line as in recent trade IIA and to clarify the right of the government to prioritise legitimate public policy objectives, even if it may affect the profit expectations of an investor;
Amendment 77 #
2021/2176(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that IIAs do not contain investor obligations; stresses that only foreign investors can launch investment cases against states; regrets the fact that having a case dismisseTakes note of provisions in IIAs for environmental, labour and corporate responsibility obligations for states and investors and the non-lowering of standards, but regrets that the reform of investor obligations has not kept pace with that of investor rights; notes that in the majority of IIAs, only foreign investors can launch investment cases against states; urges the Commission to accelerate multilateral discussions to expand investor obligations and its the best possible outcome for respondent stateenforcement, including through negotiations for a UN Binding Treaty on Business and Human Rights;
Amendment 78 #
2021/2176(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that EU and Member State IIAs must ensure full compatibility with the provisions of forthcoming instruments on sustainable corporate governance, forced labour and deforestation in order to advance the enforcement of investor obligations; notes that progress in these areas and the continued strengthening of EU IIA provisions should ensure that EU investors in third countries, in particular in developing countries, transparently demonstrate strategies to actively contribute to the achievement of the SDGs and the Paris goals, and are subject to accountability mechanisms, in particular by providing access to justice for victims in third countries;
Amendment 81 #
2021/2176(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is concerned that recent EU IIAs still contain broadWelcomes recent reforms limiting protection standards, and underlines that EU IIAs should not allow protection standards which canto be used to challenge legitimate public policies; asks the Commission to further reform this area to only allow protection against discrimination, direct expropriation and, the gross denial of justice, and the specific cases of state abuses that EU investors in third countries may face; and to ensure that foreign investors are not accorded superior rights to those enjoyed by domestic investors;
Amendment 89 #
2021/2176(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the fact that EU IIAs negotiated after 2009 still include sunset clauses which prevent easy termination; points out thatcalls on Member States and the other contracting parties can agree to neutralise sunset clauses in current agreements and not to include sunset clauses in new investment agreements;
Amendment 95 #
2021/2176(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines that the considerable damages awarded by investment tribunals have imposed a significant financial burden on respondent states; points out that the use of valuation methods generally used by adjudicators is highly controversial owing to their very wide margin of discretion and reliance on highly complex and inherently speculative assumptions; invites the Commission to review the provisions governing compensation in EU IIAestablish transparency rules and safeguards in relation to the provisions governing compensation in EU IIAs; encourages the Commission to include in the negotiations on the Multilateral Investment Court the introduction of rules setting out in a transparent manner the compensation to be paid by states;
Amendment 100 #
2021/2176(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that the increasing recourse by investors to third parties to finance their litigation in exchange for a return in the outcome of an award (third-party funding) is adding incentives to increase the number of claims; invitestakes note of progress to make third-party funding for investor-state disputes more transparent, and calls on the Commission to support the restriction of third- party funding for investor-state disputes or even to propose measures to restrict this practice which encourages speculation on awards;
Amendment 103 #
2021/2176(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls Draws attention to the Menumber States to terminate or modernise anyof existing Member State bilateral investment treaties thatwhich contain ISDS, any treaties that contain protection standards beyond protection against direct expropriation, nationality-based discrimination or the gross denial of justice, and any treaties that protect fossil fueoutdated provisions and standards including overly broad protection standards, ISDS, and transparency provisions which fall below the modernised EU standard; Calls on the Member States to terminate their bilateral investment treaties or modernise them to bring them into line with the new approach set out in EU IIAs, including preparations to conduct future cases through the Multilateral iInvestments Court;
Amendment 109 #
2021/2176(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Points out that delays in Member State ratification of EU IIAs delays the replacement of BITs with transparent and modern provisions that equally protect all EU investors in third countries; calls on Member States to swiftly ratify concluded EU investment agreements; notes that continued delays in the entry into force of EU IIAs seek to undermine the credibility of the Union as an effective international actor;
Amendment 113 #
2021/2176(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to ensure that all of the Member States’ bilateral investment treaties are fully compatible with EU law; supports the Commission in strictly applying the conditions for authorising the negotiation, signature and conclusion of new agreements by Member States; including transparently demonstrating the compatibility of BIT provisions with minimum EU standards;
Amendment 123 #
2021/2176(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Points out that the ECT is the most litigated investment agreement in the world today; welcomes efforts to modernise the ECT and the EU’s position to exclude protection for most fossil fuel investments; emphasises that the reformed ECT should also include the addition of renewable/clean hydrogen to the list of protected energy materials; notes that investments considered ‘significantly harmful’ under the EU taxonomy would remain protected according to the EU’s position; underlines that amending the ECT requires unanimity of all contracting parties voting at the annual conference;
Amendment 131 #
2021/2176(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the Commission to ensure that a revised ECT will immediately prohibit fossil fuel investors from suing contracting parties for pursuing policies to phase out fossil fuels in line with their commitments under the Paris Agreement; urges the Commission to ensure that in the revised ECT the investment protection is only granted to real investors and not to purely financial or speculative investors; calls on the Commission and the Member States to start preparing for the possibility of a coordinated exit from the ECT, including with an impact assessment to assess the potential effects of withdrawal, with a view to formal submission to the Council in the event of the negotiating objectives not being achieved by June 2022;
Amendment 137 #
2021/2176(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the Court of Justice’s clarification that ISDS provisions in the ECT are not applicable in the case of intra- EU disputes; notes with concern that the Achmea ruling did not deter arbitration tribunals from continuing to hear intra-EU investment disputes; welcomes the recent declarations from the Commission and a majority of Member States reflecting the Achmea ruling; supports the request from several Member States for a ruling from the Court of Justice, and considers this should offer definitive clarification on the issue to prevent any future intra-EU arbitration being admissible under the ECT; urges the Commission to make its best efforts to assert these judgments in the existing intra EU arbitration proceedings;
Amendment 141 #
2021/2176(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Is concerned that many Contracting Parties seem not to share EU ambitions in the field of climate change mitigation, sustainable development and energy transition, despite the fact that all of them are also signatories of the Paris Agreement; urges the Commission to ensure the alignment of the ETC with the Paris Agreement and the objectives of the European Green Deal, while preserving the EU’s ability to develop public policy measures consistent with its commitment to become the first climate neutral continent by 2050;
Amendment 146 #
2021/2176(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that in the context of theSupports the ongoing negotiations in UNCITRAL Working Group III discussions,in which the EU and its Member States are pursuing the establishment of a standing mechanism to resolve investment disputes: the multilateral investment court; stresses, however,welcomes the global lead the EU is providing in these negotiations; notes that this proposal does not cover the modernisation of substantive protection standards; considers the institutional structure of the MIC should be a first step towards establishing binding interpretations and the reform and modernisation of substantive protection standards, including robustly protecting the right to regulate;
Amendment 150 #
2021/2176(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. CStrongly criticises the significant delay in the ratification and implementation of the UN Convention on Transparency in Treaty-based Investor- State Arbitration; calls on the Member States to adopt without delay the proposal for a Council decision on thefor its conclusion, on behalf of the EU, of the UN Convention on Transparency; points to recent rulings of the ECJ on exclusive and shared competences in Trelaty-based Investor- State Arbitraion to international treaty ratification which may offer guidance on unblocking the ratification of this Convention;
Amendment 159 #
Amendment 161 #
2021/2176(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Underlines the importance of maintaining, strengthening and implementing the clauses in the new EU IIAs that prohibit the lowering of standards, as they are critical to avoid a "race to the bottom" in countries attracting foreign investment; calls on the Commission to analyse their effectiveness further, in particular in developing countries, to ensure that tax policy and development finance are aligned to support a "race to the top"; notes that tax revenues are crucial for developing countries to provide basic public services; and urges the Commission to work at multilateral level to promote sustainable investment facilitation which is not pursued through competitive tax breaks among others by continuing its work on the Joint Initiative on Investment Facilitation for Development in the framework of the WTO that aims to increase the participation of developing and least-developed WTO members in global investment flows;
Amendment 164 #
2021/2176(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Is of the opinion that investment facilitation is a good instrument to improve the EU's competitiveness and economic growth; calls on the Commission to use this tool to strengthen the EU's strategic autonomy, in particular the energy, raw materials and semiconductor sectors, especially in the current geopolitical climate;
Amendment 6 #
2021/2038(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Identifies trade policy as a strategic geopolitical tool for the transatlantic agenda; highlights the need to identify joint actions based on shared interests and values in order to contribute to a global sustainable and inclusive economic recovery; stresses that ‘workers and wages’ and more resilient and responsible supply chains should be at the core of such an agenda; in this regard encourages both sides to design similar tools to ban forced labour and exploitative labour conditions and to cooperate on improving respect for workers' rights and environmental standards in trade agreements including by building on each other's experience to enforce these provisions more efficiently; encourages both sides to join forces in promoting human rights, environmental and workers' rights also at the multilateral level;
Amendment 19 #
2021/2038(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the US support for the new Director-General of the WTO, the US’s return to the Paris Agreement, the WTO tariff rate quota agreement and, the temporary suspension of Airbus Boeing tariffs, the announcement to start discussions to address global steel and aluminum excess capacity as well as the US willingness to engage in discussions on a potential TRIPS waiver;
Amendment 30 #
2021/2038(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recognises at the same time that some diverging interests remain; in this regard, urges both sides to resolve bilateral disputes; urges the US to remove unilateral trade measures and refrain from taking further ones; urges the removal of section 232 tariffs on steel and aluminium; calls for a rapid and lasting solution on aircraft subsidies; calls for the suspension of announced trade retaliation on economic sectors such as footwear in Member States that have implemented a Digital Services Tax (DST) while negotiations are ongoing in the OECD framework; expects both sides to address the EU's concerns regarding the US Buy American Act and the Jones Act;
Amendment 43 #
2021/2038(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for enhanced cooperation on WTO reform, including reinstating the appellate body,the reform of its 3 core functions which entails reforming and reinstating the appellate body as well as reinforcing the monitoring and deliberative function among others by making sure open plurilateral agreements can be included; urges both sides to cooperate on regulating trade in health products, setting an ambitious environmental agenda, and agreeingmong others by relaunching the negotiations on the Environmental Goods Agreement; expects both sides to agree on concrete deliverables for the 12th WTO Ministerial Conference (MC12); encourage including an agreement on fisheries, a declaration on trade and health, a work programme for reform of the dispute settlement system, a work programme on industrial subsidies and state owned enterprises as well as substantial progress on e-commerce negotiations; encourages both sides to update WTO rules on state owned enterprises, industrial subsidies and overcapacity as well as technology transfer to efficiently address the challenges posed by China: in this regard also supports expanding the trilateral initiative with Japan; expects both sides to stick to multilateral agreements;
Amendment 59 #
2021/2038(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Advocates, wherever possible, a joint strategic approach towards China, addressing the roots of unfair trade practices and tackling industrial subsidies, state-owned enterprises and human rights concerns by including a discussion on the US phase one agreement with China and the EU's CAI;
Amendment 69 #
2021/2038(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on both sides to use trade as a mean to fight climate change and achieve upward convergence; in this regard urges both sides to cooperate on pricing carbon and in particular to coordinate on the development of a carbon border adjustment mechanism;
Amendment 71 #
2021/2038(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Advocates a joint approach on tackling the COVID-19 crisis among others by increasing the availability and affordability of vaccines; in this regard calls on both sides to refrain from any export restricting measures, enhance production capacity, ensure the proper functioning of supply chains and engage constructively on a potential TRIPS waiver; encourages both sides to increase regulatory cooperation to facilitate essential access to medicines.
Amendment 90 #
2021/2038(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Encourages both sides to find a framework for joint action and look for selective agreements via the relaunch of a high-level strategic dialogue; calls for a stronger regulatory, green and digital partnership through the Trade and Technology Council and; calls for a coordinated approach to critical technologies, a carbon border adjustment mechanism ands well as to digital and global taxes.
Amendment 96 #
2021/2038(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls for a continued and enhanced transatlantic parliamentary dimension on trade including within the framework of the Transatlantic Legislators' Dialogue; calls more specifically for the establishment of a sub- committee on Trade & Technology within the Transatlantic Legislators' Dialogue to complement the executive part of the Trade & Technology Council and to exercise democratic control thereof;
Amendment 101 #
2021/2038(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Urges the Commission, as common practice, to be transparent in its cooperation with the United States among others by publishing all proposals that are sent to the United States as well as by guaranteeing the involvement of the European Parliament and civil society in the development of these proposals so as to enhance consumers' and citizens' trust;
Amendment 1 #
2021/2037(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that in 2020 China for the first time ranked as the EU’s largest partner for trade in goods, with the trade balance further deteriorating to the EU’s detriment; the volume of trade between China and the EU will require, in the medium term, a framework of agreements of which the GI and the CAI are only two first steps; for any broader agreement to be possible in the future, China must show full respect to the values in which the EU is based, and it must include an instance of democratic control where the European Parliament must develop its competences.
Amendment 14 #
2021/2037(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is convinced that the EU-China bilateral trade and investment relationship is of strategic importance and should be rules-based, with the multilateral trading system at its core; calls on the Commission and China to closely cooperate to reform the WTO rulebook to make the organization more flexible and fit for the challenges of the 21st century, in order to contribute to a more sustainable development, and promote the green transition and digital revolution; expects China to match its economic weight to its international obligations and restore a level playing field by addressing industrial subsidies, SOEs and overcapacity , forced technology transfer public procurement and intellectual property.
Amendment 26 #
2021/2037(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned about the increasingly unbalanced EU-China bilateral economic and trade relationship; stresses that rebalancing and a more level playing field are vital to EU interests; China and the EU must build a level playing field and a fruitful relationship, despite the differences between both economic systems; for that, the Union must complete its range of autonomous instruments: (screening of foreign direct investments; export of double use technology; state subsidies; access to public procurement; protection in front of coercive measures form third countries); and China must consider the need to meet European standards in aspect related to Trade, especially in the area of human rights and working conditions.
Amendment 43 #
2021/2037(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Is concerned about the emerging practice of Chinese courts claiming worldwide jurisdiction over the determination of fair, reasonable and non-discriminatory licencing terms for standard essential patents, and barring companies from challenging their decisions; underlines that this practice amounts to allowing Chinese companies not to pay a fair price for the use of standard essential patents and endangers European research; asks the Commission to engage with the Chinese authorities on this matter;
Amendment 44 #
2021/2037(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Urges the Chinese Government to ratify and implement ILO Convention n°29 on Forced Labour, ILO Convention n°105 on the Abolition of Forced Labour, ILO Convention n°87 on Freedom of Association and Protection of the Right to Organize and ILO Convention n°98 on the Right to Organize and to Collective Bargaining; urges China to ratify the International Covenant on Civil and Political Rights;
Amendment 48 #
2021/2037(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Urges China to re-engage in the work of the global forum on steel excess capacity to eliminate overcapacity and restore a level playing field;
Amendment 51 #
2021/2037(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Highlights that counterfeit is a top priority for EU’s efforts in intellectual property protection; is concerned that China remains at the origin of a dominant share of counterfeit and pirated goods arriving in the EU, in terms of both value and volume; underlines how the agreement on GIs represents a first step in the fight against counterfeit and urges the European Commission to increase the efforts to protect EU's intellectual property;
Amendment 67 #
2021/2037(INI)
5. Welcomes the conclusion at the political level of the EU-China Comprehensive Agreement on Investment (CAI); recalls that the CAI has to be considered in the context of a strengthened EU toolbox of unilateral measures; underlines it will thoroughly scrutinise the agreement, including its sustainable development section, and take stock of the human rights context, before determining its position;; reiterates its most serious concern about the various abuses of human rights in China, and recalls that full respect of universal values, despite the differences between both systems is essential; takes the position that the ratification of the EU-China Comprehensive Agreement on Investment (CAI), by the European Parliament, is suspended until the Chinese retaliatory sanctions are lifted.
Amendment 78 #
2021/2037(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Reiterates its call for a legislative proposal aiming at banning the import of products linked to severe human rights violations such as forced labour or child labour;
Amendment 96 #
2021/2037(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Is concerned about China’s increasing digital authoritarianism and its efforts to promote its digital governance model internationally. Calls on the EU to step up cooperation on digital and technology policies with like-minded partners, particularly with the US. Calls on the Commission to include comprehensive and ambitious digital trade chapters in EU FTAs and to consider negotiating stand-alone digital economy agreements with democratic partners. Emphasises that the WTO e- commerce JSI agreement is needed to promote a basic level of openness and level playing field with China.
Amendment 100 #
2021/2037(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Considers it necessary to conclude a Bilateral Investment Agreement with Taiwan
Amendment 13 #
2021/2003(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses its previous position calling for a specific chapter on trade and gender equality and women’s empowerment, in the upcoming modernisation of the EU Chile Association agreement; observes with interest the progress made on a trade and gender chapter in the negotiations and calls for a swift conclusion in 2021;
Amendment 44 #
2021/2003(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the Commission’s commitment to table binding measures on pay transparency which can be a useful tool to detect gaps and discrimination within the same sector and bridge the gender pay gap; regrets nonetheless the delay in publishing this proposal and asks the Commission to put forward the proposal as soon as possible building on examples like the one on Switzerland with public procurement policy;
Amendment 54 #
2021/2003(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes that e-commerce has a potential to connect more female entrepreneurs with international markets; however, calls for the Commission to support women in adopting new technologies such as blockchain that due to its peer-to-peer nature, anonymity and efficiency can help certain women to overcome some discriminatory legal and cultural barriers to trade, improve their access to finance and help them to integrate in global value chains;
Amendment 61 #
2021/2003(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to ensure that sufficient resources are available to promote the core value of gender equality in its trade and investment policies and to ensure that the secretariats of the EU institutions responsible for trade policy and negotiations have the knowledge and technical capacity to incorporate the gender perspective. in the entire process of trade negotiations and policy formulation, by appointing gender focal points
Amendment 65 #
2021/2003(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Is convinced that sharing best practices between the EU and organisations active in researching and promoting women economic empowerment such as ILO, ITC, UNCTAD, World Bank and creation of networks involving academia, CSOs and other stakeholders is indispensable for achieving results; stresses in this context also the role of parliaments; calls on the Commission to ensure that sufficient resources are available to promote the core value of gender equality also in its trade and investment policies and to ensure that the secretariats of the EU institutions responsible for trade policy and negotiations have the knowledge and technical capacity to incorporate the gender perspective in the entire process of trade negotiations and policy formulation;
Amendment 67 #
2021/2003(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Welcomes ISO International Workshop Agreement (ISO/IWA 34) on global definitions related to women’s entrepreneurship (with an aim to facilitate policymaking, data collection and access to capacity building, finance, and markets for women's economic empowerment);
Amendment 227 #
2021/0420(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The realisation of the trans- European transport network creates the enabling conditions in terms of infrastructure basis allowing to make all transport modes more sustainable, affordable and inclusive in all regions of the EU, to make sustainable alternatives widely available in a multimodal transport system and to put in place the right incentives to drive the transition, notably by ensuring a fair transition, in line with the objectives presented in the Council Recommendation (EU) […] of […] on ensuring a fair transition towards climate neutrality.
Amendment 231 #
2021/0420(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The planning, development and operation of the trans-European transport network should enable sustainable forms of transport, provide for improved multimodal and interoperable transport solutions and for an enhanced intermodal integration of the entire logistic chain, thereby contributing to a smooth functioning of the internal market by creating the arteries that are necessary for smooth passenger and freight transport flows across the Union. In addition, the network should aim at strengthening economic, social and territorial cohesion by ensuring accessibility and connectivity for all regions of the Union, including a better connectivity of the outermost regions and other remote, rural, insular, peripheral and mountainous regions as well as sparsely populated areas. The development of the trans-European transport network should also enable seamless, safe and sustainable mobility of goods and persons in all their diversity, and should contribute to further economic growth and competitiveness in a global perspective, by establishing interconnections and interoperability between national transport networks in a resource-efficient and sustainable way, at same time it contributes to address demographic challenges such as depopulation.
Amendment 237 #
2021/0420(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Growth in traffic has resulted in increased congestion in international transport. In order to ensure the international mobility of passengers and goods, the resilience and capacity of the trans-European transport network and the use of that capacity should be optimised and, where necessary, expanded by removing infrastructure bottlenecks and bridging missing infrastructure links within and between Member States and, as appropriate, neighbouring countries, and taking into account the ongoing negotiations with candidate and potential candidate countries.
Amendment 244 #
2021/0420(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The trans-European transport network should be developed and sustained through the creation of new smart and sustainable transport infrastructure, through the maintenance and upgrading of existing infrastructure and through measures promoting its resource- efficient use and resilience.
Amendment 254 #
2021/0420(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to achieve a high-quality and efficient transport infrastructure across all modes, the development of the trans- European transport network should take into account the security and safety of passengers and freight movements, the contribution to climate change and the impact of climate change and of potential natural hazards and human-made disasters on infrastructure and accessibility for all transport users, especially in regions that are particularly affected by the negative impacts of climate change as well geopolitical changes that could cause disruptions in the supply chain.
Amendment 263 #
2021/0420(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Given the evolution of the Union infrastructure needs and the decarbonisation goals, the Conclusions of the 2020 July European Council, according to which Union expenditure should be consistent with Paris Agreement objectives and the "do no significant harm" principle, within the meaning of Article 17 of the Taxonomy Regulation17 , projects of common interest should be assessed in order to ensure that TEN-T policy is coherent with transport, environmental and climate policy objectives of the Union. Member States and other project promoters should carry out environmental assessments of plans and projects which should include the “do no significant harm” assessment based on the latest available guidance and best practice. In cases that the implementation of a project of common interest entails a significant harm to an environmental or climate objective, reasonable alternatives should be considered, in particular when the project contribute to ensure accessibility and connectivity for the outermost, remote, rural, island, peripheral and mountainous regions. __________________ 17 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (Text with EEA relevance) (OJ L 198, 22.6.2020, p. 13).
Amendment 293 #
2021/0420(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Capacity bottlenecks appear in all modes of transport for both passengers and freight traffic hampering the network connectivity and multimodality. Furthermore, the lack of quality of the last mile connections negatively increases bottlenecks urban nodes. Consequently, the TEN-T Regulation needs to urgently address the existing bottlenecks in the TEN-T, particularly in cross-border links, in order to facilitate seamless and efficient transport to better connect people and business across Europe and contribute to the well-functioning of the EU internal market.
Amendment 294 #
2021/0420(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Certain existing standards of the core network should be extended to the extended core and comprehensive network in order to reap full network benefits, to increase interoperability between network types and to enable more activity by more sustainable forms of transport, including through higher digitalisation and other technological solutions. The provision of clear and reliable planning for the technical specifications for interoperability (TSI) is of utmost importance for regulatory stability, legal certainty and for unlocking investments in ERTMS.
Amendment 302 #
2021/0420(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) An isolated network for the purposes of this Regulation should mean a rail network of a Member State, or a part thereof, with a track gauge different from that of the European standard nominal track gauge. Imposing certain standards and requirements of this Regulation to such networks, or parts thereof, is not justified in economic cost- benefit terms by virtue of the specificities of such networks arising from their detachment with other networks of a different track gauge.
Amendment 306 #
2021/0420(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The land-side infrastructure network, established through the core network, extended core network and comprehensive network, should integrate with the maritime dimension of the trans- European transport network. To this end, a truly sustainable, smart, seamless and resilient European Maritime Space should be created. It should encompass all maritime infrastructure components of the trans-European transport network as well as the services and actions needed to support the mobility of persons and goods with special attention to insular and coastal regions.
Amendment 317 #
2021/0420(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In order to establish the trans- European transport network in a coordinated and timely manner, thereby making it possible to maximise network effects, Member States concerned should ensure that appropriate measures are taken to finalise the projects of common interest of the core, the extended core and the comprehensive network by the given deadlines 2030, 2040 and 2050 respectively. To this end, Member States should ensure that there is coherence of the national transport and investment plans with the priorities set out in this Regulation and in the work plans of the European Coordinators. Projects of national plans which are not aligned with the Union transport objectives should not be considered as a priority for receiving Union funds.
Amendment 330 #
2021/0420(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Projects of common interest for which Union funding is sought should be the subject of a socio-economic cost- benefit analysis based on a recognised methodology, taking into account the relevant social, economic, climate-related and environmental benefits, territorial balance, and costs as well as the life-cycle approach. The analysis of climate-related and environmental costs and benefits should be based on the environmental impact assessment carried out pursuant to Directive 2011/92/EU of the European Parliament and of the Council21 . __________________ 21 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).
Amendment 333 #
2021/0420(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In order to contribute to the climate reduction targets of the European Green Deal of a 90% cut in greenhouse gas emissions by 2050, measures to mitigate the greenhouse gas impacts of projects of common interest in the form of new, extended or upgraded transport infrastructures should be analysedtaken into account.
Amendment 335 #
2021/0420(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Cooperation with third countries, including neighbouring countries, is necessary in order to ensure connection and interoperability between the infrastructure networks of the Union and those countries. In view of this, where appropriate, the Union should promote projects of common interest with those countries, and also assessing and ensuringe that the objectives and requirements of the trans- European transport network are complied with in order to ensure the interoperability of the Union network and are aligned with the goal of achieving climate neutrality in the EU by 2050 in order to ensure level playing field in transport, in particular by preventing carbon leakage.
Amendment 343 #
2021/0420(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) To achieve transformation of the transport sector into a truly multimodal system of sustainable and smart mobility services, the Union should build a high quality transport network with rail services meeting minimum operational line speed. Competitive passenger rail has a high potential for the decarbonisation of transport. There is the need to develop a coherent and interoperable European high speed rail network linking its capitals and major cities for which sufficient funding is needed. Complementing existing high speed lines with passenger lines at a minimum operational line speed of 160 km/h should in return lead to network effects, a more coherent network and an increased number of passengers travelling by rail. The completion of a high- performance network will also facilitate the development and introduction of new or different models of capacity allocation, for example interval- service timetables enabled by the Timetable Redesign (TTR) initiative.
Amendment 363 #
2021/0420(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) ERTMS should be deployed in a continuous and synchronised manner not only on the core network, extended core network and comprehensive network, including in the urban nodes, but also on access routes to multimodal terminals. This will enable operations with ERTMS only and boost the business case of railway undertakings. Under no circumstance should it be possible for a new railway project that is not planning ERTMS deployment to be financed by Union funds.
Amendment 412 #
2021/0420(COD)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46a) Maritime ports have a strategic role in the logistics supply chain, the diversification of energy supply and storage and consequently, in EU's strategic autonomy. They are also crucial in geopolitical and cohesion terms, something which should be considered in addition to traffic volumes for their identification in the TEN-T network.
Amendment 416 #
2021/0420(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Short sea shipping can make a substantial contribution to the decarbonisation of transport by carrying more freight and passengers. The European Maritime Space should be promoted by creating or upgrading short-sea shipping routes and by developing maritime ports and their hinterland connections as to provide an efficient and sustainable integration with other modes of transport. Moreover, the new concept of the European Maritime Space brings the opportunity to regain and update for the maritime dimension the original policy approach to Motorways of the Sea, first introduced in the trans-European transport network regulation with the Decision 884/2004/EC, as sustainable short sea shipping links within the European Maritime Space intended to concentrate flows of freight on sea-based logistical routes in such a way as to improve existing maritime links or to establish new viable, regular and frequent maritime links so as to reduce road congestion in the EU territory and/or improve access to peripheral and island regions and States.
Amendment 420 #
2021/0420(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Road transport in the Union accounts for three-quarters of the total inland freight transport (based on tonne- kilometres performed) and for around 90% of the total inland passenger transport (based on the total number of passenger kilometres). Given the importance ofNotwithstanding the expected benefits from the Union’s modal shift to other transportation modes, road transport and the commitment to improve road safety in line with the milestone of the Sustainable and Smart Mobility Strategy, remain important and there is a need to enhance the road infrastructure from the safety point of view, as well as to adapt it to sustainability and digitalisation standards ensuring the highest safety standards. The improvement of operational safety throughout the life cycle of vulnerable infrastructure (i.e. tunnels, bridges) is of outmost importance to guarantee quality road infrastructure in the TEN-T. To this aim, other regulations such as the Directive 2004/54 on minimum safety requirements for tunnels in the trans-European road network, must be adapted to the new safety and digitisation standards of the transport sector. Improving safety must also be a priority in the rail sector, in particular in level-crossings where there are significant accidents resulting in hundreds of fatalities and injuries1a . Consequently, level crossings which pose a high safety risk should be identified EU- wide with a view to investing in improving the infrastructure, which should eventually be replaced by bridges and underpasses. __________________ 1a "Safety Overview 2021- Main figures based on CSI data up to 2019", European Union Agency for Railways, March 2021.
Amendment 426 #
2021/0420(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) The trans-European transport network should ensure efficient multimodality in order to allow better and more sustainable modal choices to be made for passengers and freight and in order to enable large volumes to be consolidated for transfers over long distances. Multimodal terminals should play a key role to meet this objective. Insufficient punctuality has been a major obstacle to making multimodality an attractive option for the transport of freight and passengers. Efficient management of traffic flows as well as the increase in capacity of the infrastructure will enable rail to play its full part in improving the functioning of the intermodal transport chain.
Amendment 441 #
2021/0420(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Member States should establish a national SUMP support programme aimed at promoting the uptake of SUMPs and improving coordination among regions, cities and towns. It should support regions and urban areas to develop high-quality SUMPs and reinforce monitoring and evaluation of the SUMP implementation through legislative measures, guidance, capacity building, assistance and possibly financial support. The Commission can update the list of urban nodes in Annex II at the request of a Member State, previous agreement with the urban nodes concerned and its relevant authorities, with the aim of improving territorial balance and accelerating the transition to a more sustainable mobility. The Commission should facilitate exchanges of best practices and lessons learnt between urban nodes along the network.
Amendment 454 #
2021/0420(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) A sufficient number of fast recharging points for light and heavy-duty vehicles accessible to the public should be deployed across the trans-European transport network without delay. This aim should ensure full cross-border connectivity and allow electric vehicles to circulate throughout the Union. Distance- based targets for the trans- European transport network as defined in Regulation (EU) […] [on the deployment of alternative fuels infrastructure] are to ensure a minimum of sufficient coverage of electric recharging points along the Union’s main road networks.
Amendment 464 #
2021/0420(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) Publicly accessible recharging and refuelling infrastructure along the trans- European transport network as defined in Regulation (EU) […] [on the deployment of alternative fuels infrastructure] should be complemented with requirements on the deployment of recharging and refuelling infrastructure in multimodal terminals and for multimodal passenger hubs, to provide charging and refuelling opportunities for long haul trucks when they are being loaded or unloaded or when the driver is taking a rest or for busses in multimodal passenger hubs. In order to ensure free circulation, where the terminals or passenger hubs receive Union or public support, the access for purposes of charging and refuelling, should be on fair, affordable, transparent and non- discriminatory basis, so as to avoid market lock in for specific enterprises or possible distortions of competition. Pricing should be made on transparent and non- discriminatory basis for all authorised undertakings or persons, where the charging and refuelling infrastructure is build using Union or public funding.
Amendment 483 #
2021/0420(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) European Transport Corridors should help to develop the infrastructure of the trans-European transport network in such a way as to address bottlenecks, enhance cross-border connections and improve efficiency and sustainability. They should contribute to cohesion through improved territorial cooperation. They should also address wider transport policy objectives and facilitate interoperability, modal integration and multimodal operations. The corridor approach should be transparent and clear and the management of such corridors should not create additional administrative burdens or costs. The European Transport Coordinators should also encourage the establishment of integrated management structures, including joint ventures, aimed at speeding the implementation of cross- border infrastructure projects.
Amendment 488 #
2021/0420(COD)
Proposal for a regulation
Recital 67 a (new)
Recital 67 a (new)
(67a) EU border regions cover 40% of the EU's territory and account for 30% of the EU's population. By connecting border regions more effectively the EU will become more integrated in a tangible way and offer citizens the possibility of enjoying sustainable cross-border mobility services. European Transport Coordinators should analyse mobility needs in EU cross-border regions and in coordination with the relevant regional and local authorities, and should establish "cross-border mobility plans". These plans should include targeted measures to improve the coordination and frequency of rail and public transport services between these regions, address missing links and bottlenecks, enhance the performance of services and the capacity of the infrastructures and improve the affordability of the cross-border services.
Amendment 495 #
2021/0420(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) The technical basis of the maps specifyinginteractive geographical and technical information system for the trans- European transport network is(TENtec) provided bys the interactive geographical and technical information system for the trans-European transport network (TENtec)technical basis of the maps reflecting the evolution of the European transport network with a view of achieving the corresponding final goals reflected in Annex I and in the lists of Annex II of this Regulation.
Amendment 504 #
2021/0420(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) In order to maximise consistency between the guidelines and the programming of the relevant financial instruments available at Union level, trans- European transport network funding should comply with this Regulation and be based, in particular, on Regulation (EU) No 2021/1153 of the European Parliament and of the Council29 . In addition, network funding should also build on funding and financing instruments provided under other Union law, including InvestEU, the Recovery and Resilience Facility, Cohesion Policy, Horizon Europe and other financing instruments established by the European Investment Bank, including the Green Rail Investment Platform. To enable the financing of projects of common interest, references to ‘multimodal logistics platforms’, ‘motorways of the sea’ and ‘telematic applications’ in Regulation (EU) 2021/1153 should be respectively construed as references to ‘multimodal freight terminals’, ‘European Maritime Space’ and ‘ICT systems for transport’ as defined in this Regulation. For the same purpose, references to ‘core network’ in Regulation (EU) 2021/1153 should be construed as including ‘extended core network’ as defined in this Regulation. __________________ 29 Regulation (EU) No 2021/1153 of the European Parliament and of the Council of 7 July 2021 establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014 (OJ L 249, 14.7.2021, p. 38).
Amendment 505 #
2021/0420(COD)
Proposal for a regulation
Recital 72 a (new)
Recital 72 a (new)
(72a) The current budget of the Connecting Europe Facility 2021-2027 (CEF II) has proven insufficient given the rising needs of the transport sector and the new geopolitical context as well as the enhanced TEN-T infrastructure requirements. Furthermore, Russia's war of aggression against Ukraine has highlighted the importance to adapt parts of the TEN-T infrastructure, in particular critical infrastructure, to a dual use for civil and defence purposes. In consequence, an increase in the portion of the CEF for Transport dedicated to military mobility is needed with the aim of improving, among others, a seamless cross-border mobility of humanitarian transport. Taking into consideration all this context, the Commission and Member States should explore new funding opportunities and plan an ambitious successor programme to CEF II for the MFF post-2027, with reinforced funding.
Amendment 511 #
2021/0420(COD)
Proposal for a regulation
Recital 74 a (new)
Recital 74 a (new)
(74a) The inclusion of transport nodes (ports, airports, terminals and urban nodes) in Annexes I and II entails the application of other EU legal acts. In order to provide legal certainty and to enable long-term strategic planning, it is essential to keep the network as stable as possible and avoid exclusions. Consequently, where the established quantitative thresholds within the "planning methodology for the TEN-T" are no longer met, the Commission, shall initiate a monitoring procedure before any exclusion and shall take into account qualitative indicators such as the strategic location of the nodes and their contribution to the EU strategic autonomy, and any cyclical factors which may explain the decline in infrastructure traffic.
Amendment 553 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) 'urban node' means an functional urban area where elements of the transport infrastructure of the trans-European transport network, such as ports including passenger terminals, airports, railway stations, bus terminals, logistic platforms and facilities and freight terminals, located in and around the urban area, are connected with other elements of that infrastructure and with the infrastructure for regional and local traffic;
Amendment 578 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point p
Article 3 – paragraph 1 – point p
(p) ‘active modes’ means the transport of people or goods, through non-motorised means, based on human physical activity or by a combination of an electric motor and human power;
Amendment 611 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a a
Article 3 – paragraph 1 – point a a
(aa) ‘short-sea shipping’ means the movement of cargo and passengers by sea between ports situated in geographical waters of one or several Member States or between a port situated in waters of Member States and a port situated in waters of a neighbouring third country having a coastline on the enclosed seas bordering waters of the Unionone or several Member States;
Amendment 616 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a j
Article 3 – paragraph 1 – point a j
(aj) ‘maintenance’ means activities and works that have to be undertaken routinely, periodically or in emergency situations in order to be able to use the asset over its expected service life cycle with the samewith the intention of maintaining the condition and capability of existing infrastructure during its lifetime in order to ensure high level of services and safety, in line with this Regulation;
Amendment 620 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point an a (new)
Article 3 – paragraph 1 – point an a (new)
(an a) ‘project authorising decision’ means the decision or a set of decisions, which may be of an administrative nature, taken simultaneously or successively by an authority or by authorities of a Member State, not including administrative and judicial appeal authorities, under a national legal system and administrative law that determine whether or not a project promoter is entitled to implement the project on the geographical area concerned on the trans-European transport network, without prejudice to any decision taken in the context of an administrative or judicial appeal procedure in accordance with Directive (EU) 2021/1187 of the European Parliament and the Council (the "Smart TEN-T Directive").
Amendment 630 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a – point ii
Article 4 – paragraph 2 – point a – point ii
(ii) enabling greater use of more sustainable modes of transport, including particular by further developing a long- distance rail passenger network, including at high speed, and a fullyn interoperable rail freight network, a reliable inland waterway and short-sea shipping network across the Unionfor passenger and freight across the Union and also by promoting active modes of transport;
Amendment 643 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a – point iv
Article 4 – paragraph 2 – point a – point iv
(iv) reduction of negative external costities including those related to environment, health, congestion and accidents;
Amendment 649 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b – point i
Article 4 – paragraph 2 – point b – point i
(i) accessibility and connectivity of all regions of the Union, includingpaying particular attention to outermost regions and other remote, insular, peripheral and mountainous regions as well as sparsely populated areas;
Amendment 675 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d – point i
Article 4 – paragraph 2 – point d – point i
(i) ensuring the accessibility for and meeting the mobility and transport needs of users, taking into account in particular the needs of people in situations of vulnerability, including persons with disabilities or reduced mobility and people living in remote regions, including the outermost regions and islands, and in rural and sparsely populated areas;
Amendment 681 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d – point v
Article 4 – paragraph 2 – point d – point v
(v) ensuring the resilience of infrastructure, in particular on cross-border sections and critical infrastructure;
Amendment 682 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d – point v a (new)
Article 4 – paragraph 2 – point d – point v a (new)
(va) ensuring, when relevant, the adaptation of parts of the TEN-T for the dual use of the infrastructure to address both civilian and defence needs, paying particular attention to strategic infrastructure of the Union.
Amendment 697 #
2021/0420(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) the optimisation of infrastructure use, in particular through efficient capacity and traffic management and the shift towards more sustainable mobility patterns, including the development of sustainable, attractive and efficient multimodal transport services;
Amendment 707 #
2021/0420(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point h
Article 5 – paragraph 1 – point h
(h) the adequate consideration of the resilience of the transport network and its infrastructure, particularly strategic infrastructure, with regard to a changing climate as well as natural hazards, geopolitical changes and human-made disasters, as well as intentional disruptions with a view to addressing those challenges;
Amendment 756 #
2021/0420(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point h a (new)
Article 9 – paragraph 1 – point h a (new)
(ha) promote the decarbonisation of transport, in particular through the deployment of alternative fuels infrastructure in third countries in view of establishing a continuous network linked with the trans-European transport network.
Amendment 758 #
2021/0420(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) be as specified in the maps in Annex I and in the lists in Annex II, which should exclusively represent the final goals of the network, i.e. nodes and itineraries, with their implementation deadlines (2030, 2040 or 2050). The TENtec system should reflect the evolution of the network in accordance with Article 55;
Amendment 768 #
2021/0420(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) increasing freight and passenger transport activity of more sustainable modes of transport in view of a reduction of GHG emissionthe share of more sustainable modes of transport for freight and passengers, in particular in view of a reduction of GHG emissions and pollution and of an increase of social and economic benefits from transport;
Amendment 792 #
2021/0420(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point i a (new)
Article 12 – paragraph 1 – point i a (new)
(ia) adapting, where necessary, the infrastructure to a dual use in order to address both civilian and defence needs, paying particular attention to strategic infrastructure of the Union.
Amendment 795 #
2021/0420(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point i b (new)
Article 12 – paragraph 1 – point i b (new)
(ib) removing barriers for active modes when infrastructure is being built or upgraded.
Amendment 815 #
2021/0420(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) the development of a seamless inland waterways, aviation and maritime infrastructure system for passengers and freight;
Amendment 822 #
2021/0420(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point g
Article 13 – paragraph 1 – point g
(g) the deployment of the necessary infrastructure which ensures a seamless circulation of zero-emission vehiclesustainable vehicles, vessels and aircrafts.
Amendment 873 #
2021/0420(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
(b) at the request of a Member State, in duly justified cases, other exemptions may be granted by the Commission by means of implementing acts in respect of the requirements referred to in paragraph 2. Any request for exemption shall be based on a socio-economic cost-benefit analysis and an assessment of the impact on interoperability. An. The request for exemptions shall comply with the requirements of Directive (EU) 2016/797 of the European Parliament and of the Council58 , and shall be coordinated and agreed with the neighbouring Member State(s) where applicable. in case of cross-border sections. The Commission shall assess the request in view of the justification provided as well as in terms of its impact on interoperability and continuity of the railway network where relevant. The Commission shall ask for and take duly into account the opinion(s) of the neighbouring Member State(s) concerned. The Commission shall inform other Member States of the exemptions granted pursuant to this Article. __________________ 58 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).
Amendment 894 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point c – paragraph 1
Article 16 – paragraph 2 – point c – paragraph 1
allows for a prevailing minimum operational line speed of 160 km/h for passenger trains on the passenger lines of the extended core network;
Amendment 925 #
2021/0420(COD)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Amendment 999 #
2021/0420(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Member States shall ensure that, by 31 December 2030, the quality of services provided by infrastructure managers to, railway undertakings and terminal operators, technical and operational requirements for infrastructure use and procedures related to border controls do not prevent the operational performance of rail freight services along the rail freight lines of the European Transport Corridors from meeting the following target values:
Amendment 1040 #
2021/0420(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point g
Article 19 – paragraph 1 – point g
(g) developing innovative alternative fuels technologies for railways, such as hydrogen and battery electric applications for sections that are exempted from the electrification requirement.
Amendment 1115 #
2021/0420(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point b a (new)
Article 24 – paragraph 2 – point b a (new)
(ba) the promotion of sustainable and resilient short-sea shipping links, in particular those that concentrate flows of freight in order to reduce negative external costs such as emissions, and congestion from road transport within the Union and those that improve access to outermost and other remote, insular and peripheral regions through the establishment or upgrading of sustainable, regular and frequent maritime services.
Amendment 1191 #
2021/0420(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point e a (new)
Article 28 – paragraph 1 – point e a (new)
(ea) access routes and last mile connection to multimodal passenger hubs, including infrastructure for active modes;
Amendment 1217 #
2021/0420(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Member States shall ensure that the road infrastructure of the core network and extended core network meets the requirements set out in Article 29(2), points (a), (c) and (d), by 31 December 2040.
Amendment 1222 #
2021/0420(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Member States shall ensure that the road infrastructure of the core network and extended core network meets the requirements set out in Article 29(2), points (b) and (c), by 31 December 2030.
Amendment 1273 #
2021/0420(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point e
Article 34 – paragraph 1 – point e
(e) improving sustainability and mitigating climate, environmental and noise impacts, in particular by introducing new technologies and innovation, alternative fuels, zero- and low emission aircraft and zero and low carbon infrastructure in accordance with Regulation (EU) […] [on the deployment of alternative fuels infrastructure] and Regulation (EU) […] [on ensuring a level playing field for sustainable air transport].
Amendment 1291 #
2021/0420(COD)
Proposal for a regulation
Article 35 – paragraph 3 – subparagraph 2
Article 35 – paragraph 3 – subparagraph 2
Member States shall consult shippers, transport and logistics operators which operate on their territory as well as relevant authorities. They shall take into account the results of the consultation in their analysis.
Amendment 1331 #
2021/0420(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point b – point i
Article 40 – paragraph 1 – point b – point i
(i) adoption of a sustainable urban mobility plan (SUMP) in line with Annex V that includes notably measures to integrate the different modes of transport, including active modes, to promote efficient zero-emission mobility including sustainable and zero-emission urban logistics and public transport, to promote affordability and accessibility to all users and address mobility poverty, to reduce air and noise pollution and that takes long- distance trans-European transport flows into consideration;
Amendment 1335 #
2021/0420(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point b – point ii
Article 40 – paragraph 1 – point b – point ii
(ii) collection and submission to the Commission of urban mobility data per urban node covering at minimum greenhouse gas emissions, congestion, accidents and injuries, modal share and access to mobility serviceibility and affordability to mobility services, including data on mobility poverty, as well as data on air and noise pollution. Thereafter these data shall be submitted every year;
Amendment 1337 #
2021/0420(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point b – point ii a (new)
Article 40 – paragraph 1 – point b – point ii a (new)
(iia) the adoption of concrete measures, such as the deployment of ICT tools and ITS systems and the collection of other relevant data, to allow optimised itineraries for vehicles with a view to improving the management of traffic flows, reducing congestion and air pollution and improving road safety.
Amendment 1341 #
2021/0420(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point c – point i
Article 40 – paragraph 1 – point c – point i
(i) for passenger transport: sustainable, seamless and safe interconnection between rail, road, air, the active modes of transport, including where possible EuroVelo infrastructure, and, as appropriate, inland waterway and maritime infrastructure;
Amendment 1351 #
2021/0420(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point d
Article 40 – paragraph 1 – point d
(d) by 31 December 2040: the development of at least one multimodal freight terminal allowing for sufficient transhipment capacity within or in the vicinity of the urban node taking into account urban logistics and last mile and access routes connections. One multimodal freight terminal may serve several urban nodes if capacity allows and be located in the urban node itself or in its vicinity.
Amendment 1358 #
2021/0420(COD)
Proposal for a regulation
Article 40 – paragraph 1 a (new)
Article 40 – paragraph 1 a (new)
From 1 January 2026, EU funding for projects of common interest related to urban nodes should be made conditional to the adoption of SUMPs in accordance with the requirements set out in Annex V.
Amendment 1364 #
2021/0420(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point c
Article 41 – paragraph 1 – point c
(c) promotion of efficient and, low- noise and zero emission transport and mobility, including greening urban fleets and the establishment of low-emission mobility zones;
Amendment 1367 #
2021/0420(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point d a (new)
Article 41 – paragraph 1 – point d a (new)
(da) increase of accessibility and connectivity between urban and rural areas and unhindered access to smart, sustainable and affordable transport;
Amendment 1374 #
2021/0420(COD)
Proposal for a regulation
Article 43 – paragraph 1 – introductory part
Article 43 – paragraph 1 – introductory part
1. Member States shall promote projects of common interest which both provide efficient freight transport services that use the infrastructure of the trans- European transport network and contribute to reducing carbon dioxideGHG emissions and other negative environmental and socio- economic impacts, and which aim to:
Amendment 1377 #
2021/0420(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point e
Article 43 – paragraph 1 – point e
(e) improve links to the most vulnerable and isolated parts of the Union, in particular the outermost regions, and other remote, insular, peripheral and mountainous regions as well as sparsely populated areas promoting regular and frequent services.
Amendment 1382 #
2021/0420(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point a
Article 44 – paragraph 1 – point a
(a) support and promote the decarbonisation of transport through transition to zero- and low-emission vehicles, vessels, rolling stock and aircraft and other innovative and sustainable transport and network technologies such as hyperloop;
Amendment 1384 #
2021/0420(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point a a (new)
Article 44 – paragraph 1 – point a a (new)
(aa) encourage research and development of green and innovative mobility alternatives, such as "Mobility as a Service" solutions in territories where exceptions of TEN-T technical requirements have been granted.
Amendment 1398 #
2021/0420(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point f
Article 44 – paragraph 1 – point f
(f) promote efficient ways to provide accessible and comprehensible information to all users and providers of transport services regarding interconnections, interoperability and multimodality and regarding the environmental impacts of their transport choices;
Amendment 1403 #
2021/0420(COD)
Proposal for a regulation
Article 44 – paragraph 1 a (new)
Article 44 – paragraph 1 a (new)
Member States should, when relevant, coordinate the implementation of the innovative technological developments and deployments included in paragraph (1) with neighbouring countries, particularly in cross-border sections.
Amendment 1413 #
2021/0420(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. Member States shall notify the Commission of any project of common interest in their territory with the participation of or contribution of any kind by a natural person of a third country or an undertaking of a third country with a view to allow assessment of its impact on security or public order in the Union and ensure fair competition in public procurement. This obligation shall not apply to foreign direct investments notified to the Commission and other Member States pursuant to Article 6(1) of Regulation (EU) 2019/452.
Amendment 1441 #
2021/0420(COD)
Proposal for a regulation
Article 48 – paragraph 1 a (new)
Article 48 – paragraph 1 a (new)
The Commission, in coordination with the European Coordinators, shall establish a core network monitoring plan on maintenance at European level. This monitoring plan should, among others, evaluate the compliance of Member States with the requirements set in paragraph (1), study the state of play of the maintenance of the network and identify gaps in the quality requirements of infrastructure, especially in critical infrastructure. The Commission shall provide Member States with recommendations on targeted measures to improve the maintenance of the network. The Commission shall also present progress reports every two years.
Amendment 1445 #
2021/0420(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
Transport infrastructure, including services connected to it, shall allow seamless mobility and accessibility for all users, in particular people in situations of vulnerability including persons with disabilities or reduced mobility as well as persons living in outermost regions and other remote, rural, insular, peripheral and mountainous regions as well as sparsely populated areas.
Amendment 1449 #
2021/0420(COD)
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. European Transport Corridors are an instrument to facilitate the coordinated implementation of the parts of the core and extended core of the trans- European transport network and are intended, in particular, to improve cross- border links and to remove bottlenecks within the Union.
Amendment 1452 #
2021/0420(COD)
Proposal for a regulation
Article 50 – paragraph 2 – point b
Article 50 – paragraph 2 – point b
(b) interoperability and continuity of the network;
Amendment 1457 #
2021/0420(COD)
Proposal for a regulation
Article 50 – paragraph 2 – point c
Article 50 – paragraph 2 – point c
(c) a coordinated development of infrastructure, in particular in cross-border sections, notably in view of developing a fully interoperable rail freight system as well as an accessible for all users long- distance rail passenger network at high speed across the Union;
Amendment 1459 #
2021/0420(COD)
Proposal for a regulation
Article 50 – paragraph 2 – point d
Article 50 – paragraph 2 – point d
(d) supporting the coordinated and integrated development and deployment of innovative solutions for the digitalisation and interoperability of transport.
Amendment 1461 #
2021/0420(COD)
Proposal for a regulation
Article 50 – paragraph 2 – point d a (new)
Article 50 – paragraph 2 – point d a (new)
(da) promoting the deployment of alternative fuels infrastructure.
Amendment 1479 #
2021/0420(COD)
Proposal for a regulation
Article 51 – paragraph 5 – point e a (new)
Article 51 – paragraph 5 – point e a (new)
(ea) facilitate the establishment of a "joint authority" which may be established by mutual agreement between two or more Member States to facilitate the permit-granting procedures related to cross-border projects as set in the Smart TEN-T Directive.
Amendment 1490 #
2021/0420(COD)
Proposal for a regulation
Article 51 – paragraph 7 – point b
Article 51 – paragraph 7 – point b
(b) monitor administrative, operational and interoperability aspects of passenger traffic on the rail passenger lines of the European Transport Corridors, including monitoring the performance and accessibility of rail passenger services.
Amendment 1492 #
2021/0420(COD)
Proposal for a regulation
Article 51 – paragraph 7 – point b a (new)
Article 51 – paragraph 7 – point b a (new)
(ba) analyse the cross-border mobility needs in EU cross-border regions and encourage Member States, in cooperation with the relevant regional and local authorities, to jointly establish "cross- border mobility plans" with targeted measures in order to, among others, increase the network connectivity index, foster the coordination and frequency of rail and public transport services between regions, address missing links and bottlenecks, enhance the performance of passenger rail services and infrastructure and improve the affordability of the cross- border services.
Amendment 1501 #
2021/0420(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The “Corridor Forum” shall be formally established and chaired by the European Coordinator. The Member States concerned shall agree on the membership of the Corridor Forum for their part of the European Transport Corridor and ensure representation of the rail freight governance, as well as, when appropriate the relevant regional and local authorities.
Amendment 1552 #
2021/0420(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point c
Article 53 – paragraph 3 – point c
(c) an identification of the missing links and bottlenecks hampering the development of the corridor with particular attention to cross-border sections;
Amendment 1553 #
2021/0420(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point c a (new)
Article 53 – paragraph 3 – point c a (new)
(ca) an analysis of the state of play of cross-border sections with a view of identifying challenges and proposing concrete measures to comply with the dates set out in this Regulation and the coherence of the financial programming of the Member States concerned to achieve this aim.
Amendment 1560 #
2021/0420(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point e
Article 53 – paragraph 3 – point e
(e) a description of possible solutions to address the investment needs and bottlenecks, in particular for the passenger and freight lines and nodes of the corridor;
Amendment 1561 #
2021/0420(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point f
Article 53 – paragraph 3 – point f
(f) a plan with intermediate targets for the removal of physical, technical, digital, operational and administrative barriers between and within transport modes paying particular attention to the improvement of accessibility for all users, and for the enhancement of efficient multimodal transport with particular attention to cross-border sections and national missing links.
Amendment 1581 #
2021/0420(COD)
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 1 – point b
Article 56 – paragraph 1 – subparagraph 1 – point b
(b) exclude maritime ports and airports from the comprehensive network, if it is demonstrated that the average of their traffic volume over the last six years is below 85% of the relevant threshold and after initiating a monitoring procedure taking into account qualitative indicators such as their strategic location and contribution of the EU strategic autonomy and any cyclical factors explaining the decline in traffic flow;
Amendment 1587 #
2021/0420(COD)
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 1 – point b a (new)
Article 56 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) include maritime ports in the core network at the request of a Member State when maritime ports comply with Article 25 paragraphs (1) and (2) and have a geopolitical strategic importance and European added value in terms of emergency supply chains, geopolitical importance, military mobility and energy security.
Amendment 1594 #
2021/0420(COD)
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 1 – point c a (new)
Article 56 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) include an opt-in mechanism for urban nodes alongside the TEN-T corridors, to be included in the lists in Annex II, at the request of a Member State with the previous agreement of the urban node concerned and its relevant authorities.
Amendment 1607 #
2021/0420(COD)
Proposal for a regulation
Article 58 – paragraph 3
Article 58 – paragraph 3
3. Member States shall notify to the Commission the draft national plans and programmes, or any modification of those, with a view to developing the trans- European transport network, at least twelve months before their adoption. The Commission may issue an opinion no later than six months following the notification by the Member State on the coherence of the draft national plans and programmes with the priorities set out in this Regulation and with the priorities set out in the work plans for the corresponding corridor(s) and of the horizontal priorities and in the implementing acts adopted in accordance with Article 54(1). The Member States shall inform the Commission, no later than two months after notification of the opinion, on the measures adopted to address the recommendations set out in the opinion. Projects of national plans that are not aligned with Union transport policy shall not be considered to be a priority for receiving Union funds.
Amendment 1616 #
2021/0420(COD)
Proposal for a regulation
Article 62 – paragraph 3 – subparagraph 1
Article 62 – paragraph 3 – subparagraph 1
The Commission mayshall, after considering the reasons provided by the Member State or Member States concerned pursuant to the first subparagraph, adopt a decision addressed to the Member State or Member States concerned, finding that the significant delay in starting or completing the work on the core network, extended core network or on the comprehensive network is attributable to the Member State or Member States without an objective justification. The Commission shall give the Member State or Member States concerned 6 months to eliminate the significant delay.
Amendment 1620 #
2021/0420(COD)
Proposal for a regulation
Article 63 – paragraph 1
Article 63 – paragraph 1
The provisions relating to railways, and in particular any requirement to connect airports and ports to railways as well as the provisions related to safe and secure parking and multimodal freight terminals shall not apply to Cyprus, Malta, islands and outermost regions for as long as no railway system is established within their territory.
Amendment 1828 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 1
Annex V – point 1
1. Goals and objectives: A Sustainable Urban Mobility Plan (SUMP) shall have as central goal improving accessibility of the functional urban area to all users with particular attention to persons with disabilities or reduced mobility, and providing high- quality, safe and sustainable low-emission mobility to, through and within the functional urban area. It shall notably support zero-emission mobility and the implementation of an urban transport system which contributes to a better overall performance of the trans- European transport network, in particular through the establishment of low-emission mobility zones, the development of infrastructure for the seamless circulation of zero-emission vehicles as well as of multimodal passenger hubs to facilitate first and last mile connections and of multimodal freight terminals serving urban nodes.
Amendment 1831 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 2
Annex V – point 2
2. Long-term vision and short-term implementation plan: A SUMP shall include a – or be linked to an existing – long term strategy, including in financial terms, for the future development of transport infrastructure and multi-modal services. It shall also include a delivery plan for the short-term implementation of the strategy. It shall be embedded into an integrated approach for sustainable development of the urban area and linked to relevant land-use and spatial planning.
Amendment 1835 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 3
Annex V – point 3
3. Integration of the different modes of transport: A SUMP shall promote multimodal accessible transport through the integration of the different modes and measures aimed at facilitating seamless and sustainable mobility. It shall include actions to increase the modal share of the more sustainable forms of transport such as public transport, active mobility, and, as appropriate, inland waterway and maritime transport. It shall also include actions to promote zero-emission mobility, in particular with regard to the greening of the urban fleet, to reduce congestion and to improve road safety in particular of vulnerable road users. establishment of low-emission mobility zones, the greening of the urban fleet, to reduce congestion, to improve accessibility for all users with particular attention to persons with disabilities or reduced mobility, as well as to improve road safety in particular of vulnerable road users in accordance with EU road safety standards, including standards for safety of cycling infrastructure.
Amendment 1841 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 5
Annex V – point 5
5. Participatory approach: The development and implementation of a SUMP shall be based on an integrated approach with a high level of cooperation, coordination and consultation between the different levels of government and relevant authorities. Citizens as well as representatives of civil society and economic actors shall also be involved, in particular urban transport authorities. Citizens, accessibility experts, as well as representatives of civil society, including organisations of persons with disabilities and economic actors shall also be involved. It shall also support the creation of a multi-level collaboration platform at national level to identify and address shortcomings in rural-urban connectivity covering the functional urban areas and assess the possibilities offered by regional mobility plans.
Amendment 1848 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 6
Annex V – point 6
6. Monitoring and performance indicators: A SUMP shall include objectives, targets and indicators underpinning the current and future performance of the urban transport system, at minimum, on greenhouse gas emissions, improved management of traffic flows, congestion, accidents and injuries, modal share and access to mobility services and infrastructure to all users, as well as data on air and noise pollution in cities. The implementation of a SUMP shall be monitored using performance indicators. Member States and the relevant authorities shall implement mechanisms to ensure that a SUMP is in line with the provisions of this Annex and of high quality.
Amendment 1851 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 1
Annex V – point 1
1. Goals and objectives: A Sustainable Urban Mobility Plan (SUMP) shall have as central goal improving accessibility of the functional urban area to all users with particular attention to persons with disabilities or reduced mobility, and providing high- quality, safe and sustainable low-emission mobility to, through and within the functional urban area. It shall notably support zero-emission mobility and the implementation of an urban transport system which contributes to a better overall performance of the trans- European transport network, in particular through the establishment of low-emission mobility zones, the development of infrastructure for the seamless circulation of zero-emission vehicles as well as of multimodal passenger hubs to facilitate first and last mile connections and of multimodal freight terminals serving urban nodes.
Amendment 1854 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 2
Annex V – point 2
2. Long-term vision and short-term implementation plan: A SUMP shall include a – or be linked to an existing – long term strategy, including in financial terms, for the future development of transport infrastructure and multi-modal services. It shall also include a delivery plan for the short-term implementation of the strategy. It shall be embedded into an integrated approach for sustainable development of the urban area and linked to relevant land-use and spatial planning.
Amendment 1858 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 3
Annex V – point 3
3. Integration of the different modes of transport: A SUMP shall promote multimodal accessible transport through the integration of the different modes and measures aimed at facilitating seamless and sustainable mobility. It shall include actions to increase the modal share of the more sustainable forms of transport such as public transport, active mobility, and, as appropriate, inland waterway and maritime transport. It shall also include actions to promote zero-emission mobility, in particular with regard to the greening of the urban fleet, to reduce congestion and to improve road safety in particular of vulnerable road users. establishment of low-emission mobility zones, the greening of the urban fleet, to reduce congestion, to improve accessibility for all users with particular attention to persons with disabilities or reduced mobility, as well as to improve road safety in particular of vulnerable road users in accordance with EU road safety standards, including standards for safety of cycling infrastructure.
Amendment 1864 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 5
Annex V – point 5
5. Participatory approach: The development and implementation of a SUMP shall be based on an integrated approach with a high level of cooperation, coordination and consultation between the different levels of government and relevant authorities. Citizens as well as representatives of civil society and economic actors shall also be involved, in particular urban transport authorities. Citizens, accessibility experts, as well as representatives of civil society, including organisations of persons with disabilities and economic actors shall also be involved. It shall also support the creation of a multi-level collaboration platform at national level to identify and address shortcomings in rural-urban connectivity covering the functional urban areas and assess the possibilities offered by regional mobility plans.
Amendment 1871 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 6
Annex V – point 6
6. Monitoring and performance indicators: A SUMP shall include objectives, targets and indicators underpinning the current and future performance of the urban transport system, at minimum, on greenhouse gas emissions, improved management of traffic flows, congestion, accidents and injuries, modal share and access to mobility services and infrastructure to all users, as well as data on air and noise pollution in cities. The implementation of a SUMP shall be monitored using performance indicators. Member States and the relevant authorities shall implement mechanisms to ensure that a SUMP is in line with the provisions of this Annex and of high quality.
Amendment 112 #
2021/0297(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The general objectives of the GSP are to support eradication of poverty in all its forms, in line with Agenda 2030 and Sustainable Development Goal 17.12 and to promote the sustainable development agenda, while averting harm to EU industry’s interests. The 2018 GSP Mid- term Evaluation and the 2021 supporting Study for the Impact Assessment underpinning this Regulation concluded that the GSP framework under Regulation (EU) No 978/2012 has delivered on these main objectives, which were at the core of the 2012 overhaul of Council Regulation (EC) No 732/200815 , although noting a limited impact on sustainable development and environmental protection, together with a lack of progress on democracy and human rights. _________________ 15 Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of generalised tariff preferences from 1 January 2009 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No 964/2007 (OJ L 211, 6.8.2008, p. 1).
Amendment 142 #
2021/0297(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The scheme should consist of a basic arrangement (‘standard GSP arrangement’), and two special arrangements, namely the ‘special incentive arrangement for sustainable development and good governance – GSP+’ and the ‘special arrangement for the least-developed countries - EBA’. It, therefore, continues the structure of the previous ten years, which is considered a success, as it focuses on the countries most in need and addresses the varying developmental needs of beneficiaries.
Amendment 147 #
2021/0297(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The special incentive arrangement for sustainable development and good governance (GSP+) is based on the integral concept of sustainable development, as recognised by international conventions and instruments such as the 1986 UN Declaration on the Right to Development, the 1992 Rio Declaration on Environment and Development, the 1998 International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work, the 2000 UN Millennium Declaration, the 2002 Johannesburg Declaration on Sustainable Development, the ILO Centenary Declaration for the Future of Work of 2019, the Outcome Document of the UN Summit on Sustainable Development of 2015 "Transforming Our World: the 2030 Agenda for Sustainable Development", the UN Guiding Principles on Business and Human Rights, and the Paris Agreement on Climate Change under the UN Framework Convention on Climate Change. Consequently, the additional tariff preferences provided for under the special incentive arrangement for sustainable development and good governance should be granted to those developing countries which, due to a lack of diversification, are economically vulnerable, have ratified core international conventions on human and labour rights, climate and environmental protection and good governance, and commit to ensuring the effective implementation thereof. The special incentive arrangement for sustainable development and good governance should help those countries to assume the additional responsibilities resulting from the ratification and effective implementation of these conventions. The list of conventions relevant for GSP should be updated to better reflect the evolution of core international instruments and standards and take a proactive approach to sustainable development in keeping with the Sustainable Development Goals and Agenda 203018 . In this regard, the following conventions are added: the Paris Agreement on Climate Change (2015) – replacing the Kyoto Protocol; the Convention on the Rights of Persons with Disabilities (CRPD); the First Optional Protocol to the International Covenant on Civil and Political Rights; the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (OP-CRC-AC); ILO Convention No 81 on Labour Inspection; ILO Convention No 144 on Tripartite Consultation; and the UN Convention against Transnational Organized Crime. _________________ 18 United Nations (2015). Resolution adopted by the General Assembly on 25 September 2015, Transforming our World: the Agenda 2030 for Sustainable Development (A/RES/70/1), available at: https://sustainabledevelopment.un.org/post 2015/transformingourworld
Amendment 152 #
2021/0297(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Preferences should be designed to promote further economic growth and, thereby, to respond positively to the need for sustainable economic development. Under the special incentive arrangement for sustainable development and good governance, the ad valorem tariffs should, therefore, be suspended for the beneficiary countries concerned. The specific duties should also be suspended, unless combined with an ad valorem duty.
Amendment 153 #
2021/0297(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) The application for the special incentive arrangement for sustainable development should comprise, among others, a public plan of action detailing a priority-oriented list of measures to be taken which are considered necessary to effectively implement the relevant international conventions. This plan of action, on which the beneficiary country should have reached a common understanding with the Commission and where appropriate the European External Action Service, should also include deadlines and identify the relevant bodies of the beneficiary country responsible for its implementation.
Amendment 154 #
2021/0297(COD)
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15 b) The special incentive arrangement for sustainable development and good governance should help those countries to assume the additional responsibilities resulting from the ratification and effective implementation of the international conventions on human and labour rights, environmental protection and good governance. The suspension of tariffs should therefore follow their effective implementation. Consequently, the plan of action should comprise a schedule for the suspension of tariffs (the “tariffs suspension schedule”), based on benchmarks against which the progress in the implementation of the relevant conventions is assessed.
Amendment 155 #
2021/0297(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission and where appropriate the European External Action Service should monitor the status of ratification of the international conventions on human and labour rights, environmental protection and good governance and their effective implementation, by examining the relevant information, in particular where available the conclusions and recommendations of the relevant monitoring bodies established under those conventions. Every threewo years, the Commission should present to the European Parliament and the Council a report on the status of ratification of the respective conventions, the compliance of the beneficiary countries with any reporting obligations under those conventions, and the status of the implementation of the conventions in practice.
Amendment 159 #
2021/0297(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) For the purposes of monitoring of implementation and, where applicable, subsequent granting or withdrawal of tariff preferences, reports from relevant monitoring bodies are essential. However, such reports may be supplemented by other information available to the Commission, including information obtained under bilateral or multilateral technical assistance programmes, and through other sources of information, provided they are accurate and reliable. This could include information from the European Parliament and the Council, governments, international organisations, civil society, social partners, or complaints received through the SEP provided they satisfy the relevant requirements. Shortcomings identified during the monitoring process may inform the Commission’s future programming of development assistance in a more targeted manner.
Amendment 160 #
2021/0297(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In July 2020, the Commission appointed the Chief Trade Enforcement Officer with the role of enforcing trade rules. In this connection, in November 2020, the Commission launched a new complaints mechanism, the Single Entry Point (‘SEP’), as part of its increased efforts to strengthen the enforcement and implementation of trade commitments. Through the SEP, the Commission receives complaints on various matters related to trade policy, including breaches of the GSP commitments. The SEP is accessible to citizens, entities, trade unions, stakeholders or civil society established in the Union or in the beneficiary countries and complaints may be submitted anonymously. Such new system of complaints should be integrated and formalised within the framework of this Regulation.
Amendment 186 #
2021/0297(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) The Commission should initiate the procedure for temporary withdrawal when it considers that there are sufficient reasons to believe that a beneficiary country is in breach of its obligations under the current regulation. In determining whether such reasons exist, it should take into consideration all relevant and credible information emanating from, inter alia, the relevant monitoring bodies, civil society organisations, stakeholders and Union institutions. The Commission should initiate the procedure for temporary withdrawal when it is requested to do so by the European Parliament in its annual report on the implementation of the generalised scheme of tariff preferences.
Amendment 187 #
2021/0297(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 193 #
2021/0297(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 197 #
2021/0297(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The Commission should report regularly to the European Parliament and to the Council on the effects of the scheme under this Regulation through the relevant institutional committees. By 1 January 203029, the Commission should report to the European Parliament and to the Council on the mid-term application of this Regulation and assess the need to review the scheme. The report is necessary to analyse the impact of the scheme on the development, trade and financial needs of beneficiaries as well as on bilateral trade and on the Union's tariff income, with particular attention to the sustainable development goals.
Amendment 203 #
2021/0297(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
(10 a) ‘plan of action’ means a forward looking and priority-oriented list of measures, including legislative ones, to be adopted and actions to be taken by a beneficiary country which are considered necessary to effectively implement the core international conventions referred to in Annex VI, including a timeframe for each listed measure and action and identifying as precisely as possible the relevant institution or structure responsible for its implementation and oversight;
Amendment 206 #
2021/0297(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10 b (new)
Article 2 – paragraph 1 – point 10 b (new)
(10 b) ‘tariff suspension schedule’ means the schedule included in the plan of action and according to which the tariff preferences are granted, following the benchmarks and timeframe agreed in the plan of action;
Amendment 207 #
2021/0297(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10 c (new)
Article 2 – paragraph 1 – point 10 c (new)
(10 c) ‘list of issues’ means a list of the salient issues in relation to attaining effective implementation of the international conventions relevant to the GSP+ arrangement, as identified by the monitoring bodies or based on any accurate and reliable sources of information, including as provided by relevant stakeholders and civil society organisations, and based on the conclusions outlined in the report referred to in Article 14 and relative to the preceding monitoring cycle;
Amendment 209 #
2021/0297(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
Amendment 211 #
2021/0297(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘complaint’ means a complaint submitted, also anonymously, to the Commission through the Single Entry Point. by citizens, entities, trade unions, stakeholders or civil society from the Union or the beneficiary countries covered by the schemes referred to in Article 1 paragraph 2 and relating to conditions and reasons referred to in Articles 9 and 19;
Amendment 216 #
2021/0297(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(b a) there is sufficient ground to consider that serious and systematic infringement and violations of the conditions set out in Article 19.1 points (a), (b), (c), (d) and (e) exist.
Amendment 220 #
2021/0297(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. Countries that benefit from the standard arrangement referred to in paragraph 1 shall ratify the conventions listed in Annex VI, and adopt a National Action Plan for the implementation of the UN Guiding Principles on Business and Human Rights, in conformity with the Guidance on National Action Plans of the UN Working Group on Business and Human Rights, within five years upon the application of the preferences.
Amendment 222 #
2021/0297(COD)
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1 b. Union development finance programming under the Neighbourhood, Development and International Cooperation Instrument - Global Europe established by Regulation (EU) 2021/947 of the European Parliament and of the Council in support of countries benefitting from the special arrangement referred to in paragraph 1 shall prioritise ratification of the conventions listed in Annex VI and the adoption of a National Action Plan as referred to in paragraph 1a.
Amendment 224 #
2021/0297(COD)
Proposal for a regulation
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. BWith regard to the economic criteria referred to in Article 4 paragraph 1 (a) and (b), by 1 January of each year following the entry into force of this Regulation the Commission shall review Annex I. To provide a standard GSP beneficiary country and economic operators with time for orderly adaptation to the change of the country's status under the scheme:
Amendment 229 #
2021/0297(COD)
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1 b. The Commission shall also, as appropriate, periodically verify that recognised voluntary sustainability certification schemes continue to fulfil the criteria that led to their recognition in accordance with paragraph 1a.
Amendment 230 #
2021/0297(COD)
Proposal for a regulation
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
Amendment 231 #
2021/0297(COD)
Proposal for a regulation
Article 6 – paragraph 1 d (new)
Article 6 – paragraph 1 d (new)
1 d. If there is evidence of repeated or significant cases where economic operators implementing a scheme recognised in accordance with paragraph 1a have failed to fulfil the requirements of this Regulation, the Commission shall examine, in consultation with the operator of the recognised scheme, whether those cases indicate deficiencies in the scheme.
Amendment 232 #
2021/0297(COD)
Proposal for a regulation
Article 6 – paragraph 1 e (new)
Article 6 – paragraph 1 e (new)
1 e. The Commission shall establish and keep up-to-date a register of recognised voluntary sustainability certification schemes. That register shall be made publicly available on the internet.
Amendment 233 #
2021/0297(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Where the Commission identifies deficiencies in a recognised voluntary sustainability certification scheme, it may grant the scheme operator an appropriate period of time to take remedial action.
Amendment 245 #
2021/0297(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(b a) it has adopted a National Action Plan for the implementation of the UN Guiding Principles on Business and Human Rights, in conformity with the Guidance on National Action Plans of the UN Working Group on Business and Human Rights;
Amendment 250 #
2021/0297(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a The plan of action referred to in paragraph 1 point d) shall: (a) include a timetable of measures that are necessary to effectively implement the relevant conventions; (b) include a tariff suspension schedule, based on the benchmarks against which the progress in the implementation of the relevant conventions is assessed; (c) be jointly agreed between the Commission and the applicant country for a period of two years; (d) serve as a basis for the report referred to in Article 14; (e) be made publicly available.
Amendment 252 #
2021/0297(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Common Customs Tariff ad valorem duties on all products listed in Annex III and Annex VII, which originate in a GSP+ beneficiary country, shall be suspended according to the tariff suspension schedule referred to in Article 9(1a) point b).
Amendment 253 #
2021/0297(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Common Customs Tariff specific duties on products referred to in paragraph 1 shall be suspended entirelyaccording to the tariff suspension schedule referred to in Article 9(1a) point b), except for products for which the Common Customs Tariff duties include ad valorem duties. For products with Combined Nomenclature code 1704 10 90, the specific duty shall be limited to 16 % of the customs value.
Amendment 255 #
2021/0297(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. As of the date of the granting of the tariff preferences provided under the special incentive arrangement for sustainable development and good governance, the Commission shall, with regard to each of the GSP+ beneficiary countries, keep under review and monitor the status of ratification of the relevant conventions and their effective implementation, as well as the cooperation of the GSP+ beneficiary country with the relevant monitoring bodies. In doing so, the Commission shall examine all relevant information, in particular the conclusions and recommendations of the relevant monitoring bodiesassess in a transparent manner and based on objective criteria the progress made by the GSP+ beneficiary countries in implementing their plans of action, and examine all relevant information, in particular the conclusions and recommendations of the relevant monitoring bodies, as well as duly substantiated information submitted by individual citizens, private sector actors, civil society organisations, representatives of trade unions, other relevant stakeholders and any complaints received. A cycle of two years for the review, monitoring and assessment (hereinafter monitoring cycle) is hereby established.
Amendment 262 #
2021/0297(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. At the beginning of each monitoring cycle, the Commission shall send a list of issues to all GSP+ beneficiary countries outlining implementation issues that need to be addressed during the cycle. The lists of issues shall be made publicly available.
Amendment 265 #
2021/0297(COD)
Proposal for a regulation
Article 13 – paragraph 2 b (new)
Article 13 – paragraph 2 b (new)
2 b. At the end of each monitoring cycle, the Commission shall assess which benchmarks have been met by the GSP+ beneficiary country with regard to the implementation of the relevant conventions. Where relevant and based on the tariff suspension schedule, it shall adopt an implementing act establishing, in accordance with the advisory procedure referred to in Article 39(2), on which products tariff duties shall be suspended.
Amendment 269 #
2021/0297(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a The Commission shall be assisted in reviewing, monitoring and assessing the binding undertakings referred to in Article 9, points (d), (e) and (f) by an advisory body composed of representatives of the Union’s stakeholders. The Commission shall consult the advisory body with regard to the plans of action submitted by the GSP beneficiary countries in view of their application to the GSP+ scheme; for that purpose, the participation to the advisory body shall be extended to stakeholders in the beneficiary countries. The Commission shall also consult with and report to the advisory body when assessing the implementation of the plans of action during each monitoring cycle and more generally throughout the cycle as regularly as necessary, including ahead of and after monitoring missions.
Amendment 270 #
2021/0297(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. By 1 January 20276, and every threewo years thereafter, the Commission shall present to the European Parliament and to the Council a report on the status of ratification of the relevant conventions, the compliance of the GSP+ beneficiary countries with any reporting obligations under those conventions and, the status of the effective implementation thereof, and a list of products on which tariffs are suspended.
Amendment 276 #
2021/0297(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In drawing their conclusions concerning effective implementation of the relevant conventions, the Commission and where appropriate the European External Action Service shall assess the implementation of the plans of action, also based on the conclusions and recommendations of the relevant monitoring bodies, as well as, without prejudice to other sources, information submitted by the European Parliament or the Council as well as third parties, including governments and international organisations, civil society, and social partners. The Commission and, where applicable, the European External Action Service shall provide recommendations on issues and actions to be prioritised in the following monitoring cycle, including on the provision of technical assistance and development support, as appropriate. In case of major shortcomings in implementing the plans of action, the report shall indicate which measures the country shall undertake in order to comply with the obligations under Article 9(d).
Amendment 281 #
2021/0297(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The special incentive arrangement for sustainable development and good governance shall be withdrawn temporarily, in respect of all or of certain products, including certain sectors or economic operators, originating in a GSP+ beneficiary country, where that country does not respect its binding undertakings as referred to in Article 9, points (d), (e) and (f), or the GSP+ beneficiary country has formulated a reservation which is prohibited by any of the relevant conventions or which is incompatible with the object and purpose of that convention as established in Article 9, point (c).
Amendment 283 #
2021/0297(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. When requested by the European Parliament or, on its own initiative, where, either on the basis of the conclusions and of the GSP+ beneficiary country’s follow up to recommendations and priority actions as provided by the report referred to in Article 14 or on the basis of the evidence available, including evidence submitted through a complaint, the Commission has a reasonable doubt that a particular GSP+ beneficiary country does not respect its binding undertakings as referred to in Article 9, points (d), (e) and (f), including with regard to the implementation of its plan of action, or has formulated a reservation which is prohibited by any of the relevant conventions or which is incompatible with the object and purpose of that convention as established in Article 9, point (c), it shall, in accordance with the advisory procedure referred to in Article 39(2), adopt an implementing act to initiate the procedure for the temporary withdrawal of the tariff preferences provided under the special incentive arrangement for sustainable development and good governance. The Commission shall inform the European Parliament and the Council thereof. In its assessment of whether the GSP+ beneficiary country does not respect its binding undertakings referred to in Article 9 point (d), the Commission will in particular take into account whether the relevant monitoring bodies, treaty and supervisory mechanisms have signalled a potentially serious failure to effectively implement the relevant conventions, based on indicators such as: - the establishment of commissions of inquiry, fact-finding missions, country special rapporteurs, or other monitoring mechanisms by the UN Human Rights Council or General Assembly; - findings by the UN High Commissioner for Human Rights, UN Special Procedures or other UN independent human rights experts; - relevant procedures in the framework of the ILO Committee of Application of Standards, such as the introduction of a special paragraph; - rulings and opinions by international human rights courts; - reports by prominent local and international human rights groups; - relevant indicators for the effective implementation of Multilateral Environmental and good governance Conventions.
Amendment 287 #
2021/0297(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point a
Article 15 – paragraph 4 – point a
(a) where relevant, state the grounds for the reasonable doubt referred to in paragraph 3 which may call into question the right of the GSP+ beneficiary country to continue to enjoy the tariff preferences provided under the special incentive arrangement for sustainable development and good governance;
Amendment 300 #
2021/0297(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. An eligible country shall benefit from the tariff preferences provided under the special arrangement for the least- developed countries referred to in Article 1(2), point (c), if that country is identified by the United Nations as a least-developed country and if the country is compliant with the conditions referred to in Article 19 paragraph 1.
Amendment 302 #
2021/0297(COD)
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1 a. The Commission and, where applicable the EEAS, shall make sure that countries that benefit from the special arrangement referred to in paragraph 1 make continued and sustained progress towards ratifying the conventions listed in Annex VI and towards the adoption of National Action Plans for the implementation of the UN Guiding Principles on Business and Human Rights, in conformity with the Guidance on National Action Plans of the UN Working Group on Business and Human Rights; EU development finance programming under the Neighbourhood, Development and International Cooperation Instrument - Global Europe established by Regulation (EU) 2021/947 shall prioritise support to countries benefitting from the special arrangement referred to in paragraph 1 aiming to make progress towards the ratification of the conventions listed in Annex VI and the adoption of the National Action Plans.
Amendment 307 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. The preferential arrangements referred to in Article 1(2) may be withdrawn temporarily, in respect of all or of certain products, including certain sectors or economic operators, originating in a beneficiary country, for any of the following reasons:
Amendment 311 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) serious and systematic violation of principles laid down in the conventions listed in Annex VI, or failure to abide by the obligation to ratify these conventions, as referred to in Article 4(1a);
Amendment 317 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) serious shortcomings in customs controls on the export or transit of drugs (illicit substances or precursors), or related to the obligation to readmit the beneficiary country’s own nationals or serious failure to comply with international conventions on antiterrorism or anti-money laundering;
Amendment 323 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1 (new)
Article 19 – paragraph 1 – subparagraph 1 (new)
For the purpose of applying point (a), the Commission will in particular take into account whether the relevant monitoring bodies, treaty and supervisory mechanisms have signalled potentially serious and systematic violations of the principles of the relevant conventions, based on such indicators as: - the establishment of commissions of inquiry, fact-finding missions, country special rapporteurs, or other monitoring mechanisms by the UN Human Rights Council or General Assembly; - findings by the UN High Commissioner for Human Rights, UN Special Procedures or other UN independent human rights experts; - relevant procedures in the framework of the ILO Committee of Application of Standards, such as the introduction of a special paragraph; - rulings and opinions by international human rights courts; - reports by prominent local and international human rights groups; - relevant indicators for the effective implementation of Multilateral Environmental and good governance Conventions.
Amendment 330 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2 a. The Commission may notify the beneficiary country when in particular the seriousness of the violations of principles of the international conventions listed in Annex VI so requires, based on available assessments, comments, decisions, recommendations and the conclusions of the relevant monitoring bodies, or based on substantiated concerns expressed by the Council, international organisations, and civil society including trade unions, or acting upon a complaint. It shall do so when requested by the European Parliament. Starting from the date of the notification and for the duration of one year, the beneficiary country and the Commission shall enter into an enhanced engagement, whereby the beneficiary country commits to adopt time-bound roadmaps providing for concrete actions and sustainable solutions to the serious violations identified. EU development finance programming under the Neighbourhood, Development and International Cooperation Instrument - Global Europe established by Regulation (EU) 2021/947 of the European Parliament and of the Council may support beneficiary countries in implementing the roadmaps. The Commission shall regularly consult with the European Parliament and the Council during the enhanced engagement process. The Commission shall also consult with the advisory body referred to in Article 13a.
Amendment 332 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where the Commissionn requested by the European Parliament or where, acting upon a complaint or on its own initiative, the Commission considers that there armay be sufficient grounds justifying temporary withdrawal of the tariff preferences provided under any preferential arrangement referred to in Article 1(2) because the beneficiary country has failed to deliver on its roadmap referred to Article 19(2a), or more generally on the enhanced engagement, or on the basis of the reasons referred to in paragraph 1 of this Article it shall adopt an implementing act to initiate the procedure for temporary withdrawal in accordance with the advisory procedure referred to in Article 39(2). The Commission shall inform the European Parliament and the Council of the adoption of that implementing act.
Amendment 339 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3 a. The Commission shall inform the European Parliament, the Council and the advisory body referred to in Article 13a about the complaints received. The Commission shall inform the complainant, the European Parliament, the Council and the advisory body referred to in Article 13a where it considers that the complaint does not provide sufficient evidence in relation to the indicators referred to in this article.
Amendment 370 #
2021/0297(COD)
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2 a. For the purposes of this Chapter, ‘directly competing product’ means a product which, after or prior to industrial processing, has characteristics comparable to those of the product under consideration.
Amendment 389 #
2021/0297(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. Without prejudice to Section I of this Chapter, on 1 January of each year, the Commission, on its own initiative and in accordance with the advisory procedure referred to in Article 39(2), shall adopt an implementing act in order to remove the tariff preferences referred to in Articles 7 and 12 with respect to the products from GSP sections S-11a and S-11b or to products falling under Combined Nomenclature codes 1006, 1701, 2207 10 00, 2207 20 00, 2909 19 10, 3814 00 90, 3820 00 00, 38249956, 38249957, 38249992, 38248400, 38248500, 38248600, 38248700, 38248800, 38249993, and 38249996 where imports of such products, originate in a beneficiary country and their total value:
Amendment 390 #
2021/0297(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. Without prejudice to Section I of this Chapter, on 1 January of each year, the Commission, on its own initiative and in accordance with the advisory procedure referred to in Article 39(2), shall adopt an implementing act in order to remove the tariff preferences referred to in Articles 7 and 12 with respect to the products from GSP sections S-11a, S-11b and S-11b2a or to products falling under Combined Nomenclature codes 2207 10 00, 2207 20 00, 2909 19 10, 3814 00 90, 3820 00 00, 38249956, 38249957, 38249992, 38248400, 38248500, 38248600, 38248700, 38248800, 38249993, and 38249996 where imports of such products, originate in a beneficiary country and their total value:
Amendment 397 #
2021/0297(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a a (new)
Article 29 – paragraph 1 – point a a (new)
(a a) for products falling under Combined Nomenclature codes 1006 and 1701 exceeds the share referred to in point 2 a of Annex IV of the value of Union imports of the same products from all countries and territories listed in Annex I, columns A and B, during a calendar year
Amendment 404 #
2021/0297(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) for products under GSP sections S- 11a, S-11b and S-11b2a exceeds the share referred to in point 3 of Annex IV of the value of Union imports of products in GSP sections S-11a and S-11b from all countries and territories listed in Annex I, columns A and B, during a calendar year.
Amendment 409 #
2021/0297(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Paragraph 1 shall not apply to EBA beneficiary countries, nor shall it apply to countries with a share for the relevant products referred to in paragraph 1 not exceeding 6 % of total Union imports of the same products.
Amendment 414 #
2021/0297(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
By 1 January 20276 and every threewo years thereafter, the Commission shall submit to the European Parliament and to the Council a report on the effects of the scheme covering the most recent three-year period and all of the preferential arrangements referred to in Article 1(2).
Amendment 417 #
2021/0297(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
By 1 January 203029, the Commission shall submit, to the European Parliament and to the Council, a report on the application of this Regulation. Such a report may, where appropriate, be accompanied by a legislative proposal.
Amendment 423 #
2021/0297(COD)
Proposal for a regulation
Annex IV – subheading 1
Annex IV – subheading 1
Modalities for the application of Article 8 and Article 29
Amendment 434 #
2021/0297(COD)
Proposal for a regulation
Annex IV – point 2 a (new)
Annex IV – point 2 a (new)
2a. Article 29 shall apply for products falling under Combined Nomenclature codes 1006 and 1701, when the percentage share referred to in paragraph 1 of that Article exceeds 10 %
Amendment 169 #
2021/0223(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) LNG is likely to play a continued role in maritime transport, where there is currently no economically viable zero- emission powertrain technology available. The Communication on the Smart and Sustainable Mobility Strategy points to zero-emission seagoing ships becoming market ready by 2030. Fleet conversion should take place gradually due to the long lifetime of the ships. Contrary to maritime transport, for inland waterways, with normally smaller vessels and shorter distances, zero-emission powertrain technologies, such as hydrogen and electricity, should enter the markets more quickly. LNG is expected to no longer play a significant role in that sector. Transport fuels such as LNG need increasingly to be decarbonised by blending/substituting with liquefied biomethane (bio-LNG) or renewable and low-carbon synthetic gaseous e-fuels (e-gas) for instance. Those decarbonised fuels can be used in the same infrastructure as gaseous fossil fuels thereby allowing for a gradual shift towards decarbonised fuels. The role of this fuel as a transitional alternative fuel would remain vital until 2035.
Amendment 246 #
2021/0223(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Hydrogen-powered motor vehicles have at present very low market penetration rates. However, a build-up of sufficient hydrogen refuelling infrastructure is essential in order to make large-scale hydrogen-powered motor vehicle deployment possible as envisaged in the Commission’s hydrogen strategy for a climate-neutral Europe54 . Currently, hydrogen refuelling points are only deployed in a few Member States and are largely not suitable for heavy-duty vehicles, not allowing for a circulation of hydrogen vehicles across the Union. Mandatory deployment targets for publicly accessible hydrogen refuelling points should ensure that a sufficiently dense network of hydrogen refuelling points is deployed across the TEN-T core network to allow for the seamless travel of hydrogen fuelled light-duty and, heavy- duty vehicles and long-distance collective passenger transport throughout the Union. _________________ 54 COM(2020) 301 final.
Amendment 252 #
2021/0223(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Hydrogen fuelled vehicles should be able to refuel at or close to the destination, which is usually located in an urban area. To ensure that publicly accessible destination refuelling is possible at least in the main urban areas, all urban nodes as defined in Regulation (EU) No 1315/2013 of the European Parliament and of the Council55 should provide such refuelling stations. Within the urban nodes, public authorities should consider to deploy the stations within multimodal freight centres as those are not only the typical destination for heavy-duty vehicles but could also serve hydrogen to other transport modes, such as rail and inland shipping, inland shipping and long-distance collective passenger transport. _________________ 55 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 265 #
2021/0223(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) A number of LNG refuelling points are established in the Union, already providing a backbone for the circulation of LNG driven heavy-duty vehicles. The TEN-T corDespite this, significant gaps in the LNG network remain across the EU. The TEN-T core and comprehensive networks should remain the basis for the deployment of LNG infrastructure, and progressively for bio- LNG, as it covers the main traffic flows and allows cross border connectivity throughout the Union. It had been recommended in Directive 2014/94/EU that such refuelling points be installed every 400 km on the TEN-T core network, but certain limited gaps in the network remain to reach that objective. Member States should by 2025 reach that objective and fill the remaining gaps, after which the target should cease to apply.
Amendment 276 #
2021/0223(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Transport infrastructure should allow seamless mobility and accessibility for all users, including persons with disabilities and older persons. In principle, the location of all recharging and refuelling stations as well as the recharging and refuelling stations themselves should be designed in such a way that they can be used by as much of the public as possibleaccessible and user-friendly for all public, in particular by older persons, persons with reduced mobility and persons with disabilities. This should include for example providing sufficient space around the parking lot, ensuring that the recharging station is not installed on a kerbed surface, ensuring that the buttons or screen of the recharging station are at an appropriate height and the weight of the recharging and refuelling cables is such that persons with limited strength can handle them with ease. In addition the user interface of the related recharging stations should be accessible. In that sense, the accessibility requirements in Annexes I and III to Directive 2019/88257 should be applicable to recharging and refuelling infrastructure. _________________ 57 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
Amendment 307 #
2021/0223(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Container ships and passenger ships, being the ship categories which are producing the highest amount of emissions per ship at berth, in other words, when the ship is securely moored at a berth while loading and unloading, should as a priority be provided with shore-side electricity supply. In order to take into account power demand characteristics while at berth of different passenger ships, as well as port operational characteristics, it is necessary to distinguish between the passenger ship requirements for ro-ro passenger ships and high speed passenger vessels, and those for other passenger ships.
Amendment 311 #
2021/0223(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) These targets should take into account the types of vessels served and their respective traffic volumes. Maritime ports with low traffic volumes of certain ship categories, should be exempted from the mandatory requirements for the corresponding ship categories based on a minimum level of traffic volume, so as to avoid underused capacity being installed. Similarly, the mandatory targets should not aim to target maximum demand, but a sufficiently high volume, in order to avoid underused capacity and to take account of port operational characteristics. Maritime transport is an important link for the cohesion and economic development of islands and the outermost regions in the Union. Energy production capacity in these islands and outermost regions may not always be sufficient to account for the power demand required to support the provision of shore- side electricity supply. In such a case islands and the outermost regions should be exempted from this requirement unless and until such an electrical connection with the mainland has been completed or there is a sufficient locally generated capacity from clean energy sources.
Amendment 342 #
2021/0223(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In accordance with Article 3 of Directive 2014/94/EU, Member States have established national policy frameworks outlining their plans and objectives to ensure that those objectives would be met. Both the assessment of the national policy framework and the evaluation of Directive 2014/94/EU have highlighted the need for higher ambition and a better coordinated approach across Member States in view of the expected acceleration in the uptake of alternative fuel vehicles, in particular of electric vehicles. Furthermore, alternatives to fossil fuel will be needed in all transport modes to meet the ambitions of the European Green Deal. The existing National Policy Frameworks should be revised to clearly describe how the much greater need for publicly accessible recharging and refuelling infrastructure as expressed in the mandatory targets is going to be met by the Member States. The national policy frameworks should be based on territorial analysis, identifying the different needs and taking into account, when relevant, existing local and regional deployment plans of refuelling and recharging infrastructure. Particular attention should be paid to rural areas in order to ensure their closest accessibility to these refuelling and recharging infrastructures based on an ex-ante evaluation of their corresponding needs focused on i.e. users' demand, socioeconomic local activities, mobility basic needs... Furthermore, the revised frameworks should equally address all transport modes including those for which no mandatory deployment targets exists, of particular importance for rural areas too.
Amendment 359 #
2021/0223(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Member States should make use of a wide range of regulatory and non- regulatory incentives and measures to reach the mandatory targets and implement their national policy frameworks, in close cooperation with regional and local authorities, as well as private sector actors, who should play a key role in supporting the development of alternative fuels infrastructure.
Amendment 364 #
2021/0223(COD)
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41 a) With an overall climate target of 30% of the European Regional Development Fund (ERDF) and 37% of the Cohesion Fund, cohesion policy will play a key role in the deployment of alternative fuels infrastructure across the EU. Therefore, regional and local authorities will have a fundamental role in the planning and implementing of the targets set in this Regulation. They should also be fully involved in the elaboration and implementation of the national policy frameworks for the deployment of the alternative fuels infrastructure, and should ensure that no territories are left behind in terms of accessibility and availability of the latter.
Amendment 366 #
2021/0223(COD)
Proposal for a regulation
Recital 41 b (new)
Recital 41 b (new)
(41 b) Rural areas, which are home to 30.6% of the EU, are more exposed to suffer, particularly those that are sparsely populated, from lack of transport-related infrastructure, including for alternative fuels, and quality and frequent transport services. This has a direct impact on rural regions' connectivity and socioeconomic development. In order to promote the transition to smart and sustainable mobility as well in rural areas, Member States and regional and local authorities, should cooperate to implement a coherent plan of deployment of alternative fuels infrastructure in these territories, in line with their national policy frameworks, which should comply with the accessibility and availability needs of these territories. Member States and regional and local authorities should make use of the European, national and regional funds at their disposal for this matter.
Amendment 376 #
2021/0223(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Data should play a fundamental role in the adequate functioning of recharging and refuelling infrastructure. The format, the frequency and the quality in which these data should be made available and accessible should determine the overall quality of an alternative fuels infrastructure ecosystem that meets user needs. Moreover, those data should be accessible in a coherent manner in all Member States. Therefore, data should be provided in accordance with the requirements set in Directive 2010/40/EU of the European Parliament and the Council59 for national access points (NAPs). The Commission should establish a European access point which connects all NAPs and which is publicly accessible for users to easily access relevant information on the refuelling and recharging points at any time. The development of a public interface at EU level is needed to access this data and give users information on the accessibility and availability, including waiting times and the remaining alternative fuels capacity of the refuelling and recharging points. This could help preventing traffic disruption and benefit road safety. The interface should also provide users with a standardised and secure booking and payment systems. The form of this interface should be standardised, multilingual and user-friendly. _________________ 59 Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport (OJ L 207, 6.8.2010, p. 1).
Amendment 416 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b – indent 1
Article 2 – paragraph 1 – point 3 – point b – indent 1
– biomass fuels, including biogas, bioliquids and biofuels as defined in Article 2, points (27), (28), (32) and (33) of Directive (EU) 2018/2001,
Amendment 475 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 57
Article 2 – paragraph 1 – point 57
(57) ‘ship at berth’ means a ship which is securely moored at a berth as defined in Article 3, point (n) of Regulation (EU) 2015/757in a port falling under the jurisdiction of a Member State while it is loading and unloading, including the time spent when not engaged in cargo operations; in case of cruise vessels, hoteling is included;
Amendment 494 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 1
Article 3 – paragraph 1 – indent 1
– publicly accessible recharging stations for light-duty vehicles are deployed commensurate to the uptake of light-duty electric vehicles, including passenger cars and light commercial vehicles;
Amendment 608 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) by 31 December 2030, in each safe and secure parking area at least one recharging station dedicated to heavy-duty vehicles with a power output of at least 1050 kW is installed;
Amendment 613 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) by 31 December 2025, in each urban nodes where services for heavy-duty vehicles are offered, publicly accessible recharging points dedicated to heavy-duty vehicles providing an aggregated power output of at least 600 kW are deployed, provided by recharging stations with an individual power output of at least 150 kW;
Amendment 620 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) by 31 December 2030, in each urban nodes where services for heavy-duty vehicles are offered, publicly accessible recharging points dedicated to heavy-duty vehicles providing an aggregated power output of at least 1200 kW are deployed, provided by recharging stations with an individual power output of at least 150 kW.
Amendment 635 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. Member States should, in coordination with the relevant stakeholders, carry out a study before 2025 in order to evaluate and plan the necessary reinforcements to the electricity grids that would supply power to the TEN- T network in line with the evolution of the heavy-duty vehicle market.
Amendment 795 #
2021/0223(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States shall ensure until 1 January 202530 that an appropriate number of publicly accessible refuelling points for LNG and CNG are put in place, at least along the TEN-T core and comprehensive networks, in order to allow LNG heavy-duty motor vehicles to circulate throughout the Union, where there is demand, unless the costs are disproportionate to the benefits, including environmental benefits.
Amendment 813 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall ensure that a minimum shore-side electricity supply for seagoing container and seagoing at berth passenger ships is provided in TEN-T maritime ports. To that end, Member States shall take, in cooperation with the managing body or the competent authority, the necessary measures to ensure that by 1 January 2030:
Amendment 846 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 (new)
Article 9 – paragraph 1 – subparagraph 1 (new)
The provision of electricity in ports can be supplied from the electricity grid or by mobile GPUs powered with electricity or with zero-carbon fuels.
Amendment 860 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) port calls that are at berth for less than twofour hours, calculated on the basis of hour of departure and arrival monitored in accordance with Article 14 of the proposal for a Regulation COM(2021)562;
Amendment 868 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c a (new)
Article 9 – paragraph 2 – point c a (new)
(c a) port calls by ships without shore connection or that are not securely moored at a berth while are loading or unloading, including the time spent when not engaged in cargo operations;
Amendment 872 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c b (new)
Article 9 – paragraph 2 – point c b (new)
(c b) port calls that are at berth, that require the use of on-board energy generation, under emergency situations representing immediate risk to life, the ship, the environment or for other reasons of force majeure;
Amendment 874 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where the maritime port of the TEN-T core network and the TEN-T comprehensive network is located on an island or in an outermost region as referred to in Article 349 TFEU, which is not connected directly to the electricity grid, paragraph 1 shall not apply, until such a connection has been completed or there is a sufficient locally generated capacity from clean energy sources.
Amendment 917 #
2021/0223(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. Member States shall support the development or repurposing of needed infrastructure to facilitate the penetration of renewable and low-carbon gases, such as hydrogen and ammonia.
Amendment 944 #
2021/0223(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a Targets for supply of alternative fuels infrastructure along the rail network Member States shall ensure that an appropriate number of charging stations for battery-powered trains and hydrogen refuelling stations for rail are put in place for sections of the TEN-T rail network for which a derogation from the electrification requirements has been granted in line with Article 12(3) or Article 39(3) of Regulation 1315/2013/EU.
Amendment 945 #
2021/0223(COD)
Proposal for a regulation
Article 12 b (new)
Article 12 b (new)
Article 12 b Flexibility due to national circumstances 1. In addition to the provisions set out in this Regulation, the Commission is empowered to adopt implementing acts authorising any Member State to introduce timeframe extensions for specific national circumstances. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21 (2). 2. A Member State wishing to extend those timeframes shall inform the Commission accordingly and in due time and shall provide the Commission with all relevant and necessary justified information. 3. The Commission shall examine the request, taking into account, inter alia, socioeconomic cohesion, the proper functioning of the internal market, the need to ensure fair competition and Union environment, energy and transport policies.
Amendment 973 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point i a (new)
Article 13 – paragraph 1 – subparagraph 1 – point i a (new)
(i a) measures to guarantee accessibility of all territories to refuelling and recharging infrastructure, paying particular attention to rural areas to ensure their closest accessibility. Targeted policies and measures should be considered and implemented for these territories by Member States.
Amendment 991 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point m
Article 13 – paragraph 1 – subparagraph 1 – point m
(m) a deployment plan for non- transitional alternative fuels infrastructure in maritime ports, in particular for electricity and hydrogen, for port services as defined in Regulation (EU) 2017/352 of the European Parliament and of the Council66 ; _________________ 66 Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports (OJ L 57, 3.3.2017, p. 1).
Amendment 996 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point n
Article 13 – paragraph 1 – subparagraph 1 – point n
(n) a deployment plan for non- transitional alternative fuels infrastructure in maritime ports other than for LNG and shore-side electricity supply for use by sea going vessels, in particular for hydrogen, ammonia and electricity;
Amendment 1010 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point p a (new)
Article 13 – paragraph 1 – subparagraph 1 – point p a (new)
(p a) measures to promote an appropriate number of charging stations for battery-powered trains and hydrogen refuelling stations along the TEN-T network where electrification is not possible;
Amendment 1099 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
Article 18, paragraph 2, new point I
2. Operators of publicly accessible recharging and refuelling points or, in accordance with the arrangement between them, the owners of those points, shall ensure the availability of static and dynamic data concerning alternative fuels infrastructure operated by them and allow accessibility of that data through the National Access Points at no cost. The following data types shall be made available: I. Publicly accessible electric recharging points
Amendment 1100 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point a – introductory part
Article 18 – paragraph 2 – point a – introductory part
(a) static data for publicly accessible recharging and refuelling points operated by them:
Amendment 1102 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point a – point i
Article 18 – paragraph 2 – point a – point i
(i) geographic location of the recharging or refuelling point,
Amendment 1103 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point a – point iii a (new)
Article 18 – paragraph 2 – point a – point iii a (new)
(iii a) opening hours, identification and payment methods,
Amendment 1104 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point a – point iv
Article 18 – paragraph 2 – point a – point iv
(iv) contact information of the owner and operator of the recharging and refuelling station.
Amendment 1108 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point b – introductory part
Article 18 – paragraph 2 – point b – introductory part
(b) further static data for publicly accessible recharging points operated by them:
Amendment 1110 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c – introductory part
Article 18 – paragraph 2 – point c – introductory part
(c) dynamic data for all recharging and refuelling points operated by them:
Amendment 1112 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c – point i
Article 18 – paragraph 2 – point c – point i
(i) operational statusavailability (operational/out of order),
Amendment 1114 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c – point ii
Article 18 – paragraph 2 – point c – point ii
(ii) availabilityoccupation status (in use/ not in use),
Amendment 1124 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new) Artclee 18 – paragraph 2 – new point II
Article 18 – paragraph 2 a (new) Artclee 18 – paragraph 2 – new point II
2 a. II.Publicly accessible hydrogen refuelling points and other publicly accessible refuelling points: (a) static data: (i) geographic location, (ii) number of parking spaces for people with disabilities, (iii) opening hours, identification and payment methods, (iv) contact information of the owner and operator of the recharging station. (b) dynamic data: (i) availability (operational/out of order).
Amendment 1129 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3 a. By 31 December 2026, the Commission shall establish a common European access point for data on alternative fuels infrastructure that connects all National Access Points and that offers access to all data referred to in paragraph 2. The Commission shall ensure that the data contained in the common European access point on the availability and accessibility, including waiting times and the remaining alternative fuels capacity, of the refuelling and recharging points, is available through a public, up-to-date, user-friendly, accessible and multilingual interface at EU level. The Commission shall ensure its compatibility and interoperability across the EU and specify the functionalities and EU standards of this interface by an implementing act.
Amendment 1132 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 3 b (new)
Article 18 – paragraph 3 b (new)
3 b. The Commission shall take the necessary measures to ensure that a standardised and secure booking system is provided throughout this interface.
Amendment 74 #
2021/0214(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Global warming already reached 1.18°C in December 2020, leading to world wide draughts, floods, storms and heatwaves. If we continue at the current trend, global warming will reach 1.5°C in 2034. The outcome of the COP 26 in Glasgow, lacks the needed ambition and stronger commitments to turn the tide. The new announcements and updates of the NDCs after Glasgow will reduce temperature rises only by 0.1%, still leading to a disastrous estimated temperature rise between 1.8°C and 2.9°C by 2100;
Amendment 80 #
2021/0214(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The initiative for a carbon border adjustment mechanism (‘CBAM’) is a part of the ‘Fit for 55 Package’. That mechanism is to serve as an essential element of the EU toolbox to meet the objective of a climate-neutral Union by 2050 in line with the Paris Agreement by addressing risks of carbon leakage resulting from the increased Union climate ambition. The CBAM should serve as one element in the EU’s comprehensive strategy towards global sustainable trade and the ambition to reduce global carbon emissions;
Amendment 84 #
2021/0214(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) It is necessary to come forward with a holistic and comprehensive impact assessment of the entire fit for 55 package. Stakeholders, both within and outside of the EU borders, will not only feel the consequences of the separate proposals, but will also experience combined effects of the various proposals together, as they are all interlinked. Therefore, aside from the 13 separate impact assessments already carried out, an impact assessment of the entire package as a whole should be performed.
Amendment 87 #
2021/0214(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Existing mechanisms to address the risk of carbon leakage in sectors or sub- sectors at risk of carbon leakage are the transitional free allocation of EU ETS allowances and financial measures to compensate for indirect emission costs incurred from GHG emission costs passed on in electricity prices respectively laid down in Articles 10a(6) and 10b of Directive 2003/87/EC. However, free allocation under the EU ETS and indirect cost compensation systems weakens the price signal that the system provides for the installations receiving ithem compared to full auctioning and thus affectselectricity pricing without compensation and thus lower the incentives for investment into further abatement of emissions. Therefore, to promote further emission reductions in the industrial and power sectors, free allocation and indirect cost compensation shall be phased out as soon as possible and following at least the same pattern as the gradual phase in of CBAM certificates, in order to respect WTO legal principles of non-discrimination and not to distort existing trade patterns to the Union's advantage;
Amendment 109 #
2021/0214(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) While the objective of the CBAM is to lower global carbon emissions by preventing the risk of carbon leakage, this Regulation would also encourage the use of more GHG emissions-efficient technologies by producers from third countries, so that less emissions per unit of output are generated. Special attention, intensive dialogue, administrative, technical and financial support is needed regarding LDCs, empowering them to reach the green transition in a sustainable and fair way and enabling them to be full- fledged participators in global sustainable trade;
Amendment 115 #
2021/0214(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) To meet the Union objectives and international commitments, such as those under WTO agreements and the Paris agreement and in line with the principle of CBDR, the Commission should come forward with a proposal and sufficient funding to support LDCs in complying with the various CBAM requirements. This should entail, amongst others, the necessary administrative and technical assistance and financial support to facilitate LDC’s adaptation to the new obligations established by this regulation as well as support the help them cut emissions and accomplish the green transition.
Amendment 117 #
2021/0214(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12 b) In the transitional phase, producers of LDCs in the sectors covered by the CBAM should be supported in complying with the administrative requirements of the CBAM and assisted in mapping the real emissions of their production processes. At the same time, possible environmental and energy improvements in the production process (such as regarding raw material use, circular economy aspects, energy efficiency and use of renewable energy) should be proposed, technical and knowledge transfers should take place and best practices should be shared.
Amendment 118 #
2021/0214(COD)
Proposal for a regulation
Recital 12 c (new)
Recital 12 c (new)
(12 c) During the implementation phase, when revenues will be generated from the sale of CBAM certificates and the financial consequences of the CBAM will be sensed in third countries, sufficient support and funding should be attributed to helping LDCs in implementing the environment, climate, energy and resource related improvements to help them lower emissions, cut CBAM costs and accomplish the green transition.
Amendment 120 #
2021/0214(COD)
Proposal for a regulation
Recital 12 d (new)
Recital 12 d (new)
(12 d) As the sole aim of the CBAM is to reduce global carbon emissions, the revenues generated from the sale of CBAM certificates, or the equivalent in financial value of these revenues, should be channeled towards global climate funding. Sufficient funding should be made available to realize the support for LDCs as stipulated above;
Amendment 141 #
2021/0214(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The GHG emissions to be regulated by the CBAM should correspond to those GHG emissions covered by Annex I to the EU ETS in Directive 2003/87/EC, namely carbon dioxide (‘CO2’) as well as, where relevant, nitrous oxide (‘N2O’) and perfluorocarbons (‘PFCs’). The CBAM should initiaapply to direct emissions as welly applys to indirect emissions of those GHG from the production of goods up to the time of import into the customs territory of the Union, and after the end of a transition period and upon further assessment, as well to indirect emissions, mirroring the scope of the EU ETS.mirroring the scope of the EU ETS and leading to as equal carbon costs as possible for domestic production and imports;
Amendment 166 #
2021/0214(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The use of the first criterion allows listing the following industrial sector in terms of cumulated emissions: iron and steel, refineries, cement, organic basic chemicals and polymers, and fertilisers.
Amendment 172 #
2021/0214(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 178 #
2021/0214(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Similar tTechnical constraints apply to refinery products, for which it is not possible to unambiguously assign GHG emissions to individual output products. At the same time, the relevant benchmark in the EU ETS does not directly relate to specific products, such as gasoline, diesel or kerosene, but to all refinery output.
Amendment 179 #
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 futureThe scope of the CBAM shall cover also indirect emissions related to electricity consumption, heating and cooling, used to produce CBAM products. To eliminate risks of carbon leakage due to resource shuffling, indirect emissions shall be calculated based on the average marginal or other price-setting power generation unit in the relevant electricity market. Where such data are not available, average CO2 intensity of the relevant power market supplying the producing installation shall be used instead.
Amendment 206 #
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, such as all sectors covered by ETS and downstream sectors, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . _________________ 47 Commission 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 213 #
2021/0214(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) In light of the above, an extensive dialogue with third countries should continue and t, trade partners, EU’s and third country’s industries, federations, international organisations, NGO’s, think tanks and all other involved stakeholders should continue in order to boost global climate action and maximize engagement and the chances of the CBAM succeeding. There should be space for cooperation and solutions that could inform the specific choices that will be made on the details of the design of the measure during the implementation, in particular during the transitional period.
Amendment 219 #
2021/0214(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) As the CBAM aims to encourage cleaner production processes, and in line with the CBDR principle, the EU stands ready to work with low and middle- income countries towards the de- carbonisation of their manufacturing industries. Moreover, the UnCommission should support less developed countriecome forward with a proposal and sufficient funding to support LDCs with the necessary technical and financial assistance in order to facilitate their adaptation to the new obligations established by this regulation. In the transitional phase, producers of LDCs in the sectors covered by the CBAM should be supported in complying with the administrative requirements of the CBAM, assisted in mapping the real emissions of their production processes and supported to determine production process improvements. During the implementation phase, when the CBAM has financial consequences, LDCs should be supported to cut emissions and thus CBAM costs and accomplish the green transition.
Amendment 233 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a carbon border adjustment mechanism (the ‘CBAM’) for addressing greenhouse gas emissions embedded in the goods referred to in Annex I, upon their importation into the customs territory of the Union, in order to reduce global carbon emissions by preventing the risk of carbon leakage.
Amendment 271 #
2021/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15 a (new)
Article 3 – paragraph 1 – point 15 a (new)
(15 a) ‘indirect emissions’ mean emissions from the production of electricity, heating and cooling, which is consumed during the production processes of goods.
Amendment 274 #
2021/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘embedded emissions’ mean direct emissions released during the production of goods and inputs of CBAM products into those goods, as well as indirect emissions from the production of electricity, heating and cooling consumed during the production of goods, calculated pursuant to the methods set out in Annex III;
Amendment 278 #
2021/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 28
Article 3 – paragraph 1 – point 28
Amendment 287 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Embedded emissions in goods other than electricity shall be determined based on the actual emissions in accordance with the methods set out in Annex III, points 2 and 3. When actual emissions cannot be adequately determined, the embedded emissions shall be determined by reference to default values in accordance with the methods set out in Annex III, point 4.1. In determining indirect emissions from the consumption of electricity, heating and cooling embedded in goods other than electricity, the annual average emissions intensity of the marginal or other price- setting generator in the relevant electricity market shall be used. Where such data are not available, the average emissions intensity of fossil fuel-based generation plants in the relevant power market supplying the producing installation shall be used instead;
Amendment 291 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The Commission is empowered to adopt implementdelegated acts, ing actscordance with Article 28, concerning detailed rules regarding the elements of the calculation methods set out in Annex III, including determining system boundaries of production processes, emission factors, installation-specific indirect emissions related to electricity, heating and cooling consumption, installation-specific values of actual emissions and default values and their respective application to individual goods as well as laying down methods to ensure the reliability of data on the basis of which the default values shall be determined, including the level of detail and the verification of the data. Where necessary, those acts shall provide that the default values can be adapted to particular areas, regions or countries to take into account specific objective factors such as geography, natural resources, market conditions, prevailing energy sources, or industrial processes. The implementing acts shall build upon existing legislation for the verification of emissions and activity data for installations covered by Directive 2003/87/EC, in particular Implementing Regulation (EU) No 2018/2067.
Amendment 292 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 397 #
2021/0214(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24 a Revenues from the sale of CBAM certificates In line with the Union objectives and international commitments, such as those under WTO agreements, the Paris agreement and the CBDR principle, the Commission should come forward with a proposal and sufficient funding to support LDCs. This should entail, amongst others, the necessary administrative and technical assistance and financial support to facilitate LDC’s adaptation to the new obligations established by this regulation and the accomplishment of a sustainable transition. In the transitional phase, producers of LDCs in the sectors covered by the CBAM should be supported in complying with the administrative requirements of the CBAM and assisted in mapping the real emissions of their production processes. At the same time, possible environmental and energy improvements in the production process (such as regarding raw material use, circular economy aspects, energy efficiency and use of renewable energy) should be proposed, technical and knowledge transfers should take place and best practices should be shared. During the implementation phase, when revenues will be generated from the sale of CBAM certificates and the financial consequences of the CBAM will be sensed in third countries, sufficient support and funding should be attributed to helping LDCs in implementing the environment, climate, energy and resource related improvements to lower emissions, cut CBAM costs and accomplish the green transition.
Amendment 401 #
2021/0214(COD)
Proposal for a regulation
Article 24 b (new)
Article 24 b (new)
Article 24 b To ensure that the sole aim of the CBAM is to reduce global carbon emissions, the revenues generated from the sale of CBAM certificates, or the equivalent in financial value of these revenues, shall be channeled towards global climate funding. Sufficient funding shall be made available to accomplish the goals set out in the previous paragraph.
Amendment 413 #
Amendment 420 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2 a. The following shall be considered as circumvention practices, processes or work referred to in the first subparagraph: (a) Any slight modification of the product to which CBAM is to be applied in order to place it under customs codes not subject to the obligations of this Regulation, provided that the changes made do not alter its essential characteristics (b) Falsification of the identity of the producer of the product in question, its nature or the process involved in its production (c) The reorganisation by exporters or producers of their patterns and channels of sale with a view to possibly circumventing the obligations laid down in this Regulation, or to undermining its effects (d) The shipment of the product to which the mechanism applies through third countries which are exempt from the obligations or which are more favourable to them (e) Any other measures to possibly avoid or circumvent the obligations set out in this Regulation, or to undermine their effects, including on overall GHG emissions
Amendment 430 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. A Member State or any party affected or benefitted by the situations described in paragraph 2 may notify the Commission if it is confronted, over a two- month period compared with the same period in the preceding year with a significant decrease in the volume of imported goods included in the scope of this Regulation and an increase of volume of imports of slightly modified products, which are not included in the list of goods in Annex I. The Commission shall continually monitor any significant change of pattern of trade of goods and slightly modified products at Union level. The Commission shall provide information to the Member States once an interested party or a Member State has submitted a request justifying the initiation of an investigation and the Commission has completed its analysis, or when the Commission itself has determined the need to initiate an investigation
Amendment 441 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 5 a (new)
Article 27 – paragraph 5 a (new)
5 a. Following a complaint by an interested party or on its own initiative, the Commission may decide, after an investigation, to extend the obligations laid down in this Regulation, as necessary to prevent future circumvention of the Mechanism, where the measures in force are being circumvented
Amendment 447 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 5 b (new)
Article 27 – paragraph 5 b (new)
5 b. Investigations shall be carried out by the Commission. The Commission may be assisted by the customs authorities and the investigationshall be concluded in due time
Amendment 448 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 5 c (new)
Article 27 – paragraph 5 c (new)
5 c. The Commission decision finding circumvention shall impose a penalty in accordance with Article 26 on the authorised declarant involved in the circumvention and, where appropriate, on the operator of the facility located in the third country who is related to the authorised declarant. Where appropriate, the penalty shall also entail the withdrawal of the import authorisation and shall be extended to the operator
Amendment 450 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 5 d (new)
Article 27 – paragraph 5 d (new)
5 d. Where a party submits sufficient information showing that, after the entry into force of this Regulation, an approved declarant has been absorbing the cost of CBAM certificates such that there has been no or insufficient change in resale prices or subsequent selling prices of the imported product in the Union, and that such situation has no sufficient cause or economic justification other than to undermine the effects of the obligations laid down in this Regulation, the Commission shall initiate an investigation.A Member State shall have the power to request the initiation of investigations where it detects a case of absorption of irregular cost (a) The Commission shall provide information to Member States once a party has submitted sufficient information to justify the initiation of the investigation and the Commission has completed its analysis (b) Investigations shall be carried out by the Commission.The Commission may be assisted by the customs authorities.During an investigation pursuant to this Article, the interested party shall be given the opportunity to clarify the situation regarding resale prices and subsequent selling prices (c) If it is concluded that the obligations laid down in this Regulation should have led to movements of such prices, the Commission shall take appropriate measures to restore the effectiveness of the obligations laid down in this Regulation
Amendment 458 #
2021/0214(COD)
Proposal for a regulation
Article 28 – paragraph 5 a (new)
Article 28 – paragraph 5 a (new)
5 a. This committee of experts shall be inclusive and consist of people who, together, are knowledgeable of all the various effects of the CBAM, representing the interests of all affected stakeholders and society as a whole.
Amendment 468 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Commission shall collect the information necessary with a view to extending the scope of this Regulation to indirect emissions and goodgoods and services other than those listed in Annex I, such as all the sectors covered by the ETS and downstream sectors, and develop methods of calculating embedded emissions based on environmental footprint methods.
Amendment 490 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3 a. Before the end of the fourth year following the entry into force of this Regulation, the Commission shall conduct a review of the carbon leakage risks posed to EU ETS installations producing products listed in Annex I of this Regulation for export beyond the customs territory of the Union. This review shall take into account relevant risk factors, including the extent to which third countries have adopted equivalent carbon pricing or regulatory policies to the Union, the ability of EU ETS installations to deduct carbon prices already paid in the EU or pass on emission costs in third country markets, and the prospects for global cooperation on carbon leakage protection.
Amendment 492 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 3 b (new)
Article 30 – paragraph 3 b (new)
3 b. If the remaining risk of carbon leakage to exporters determined by the review referred to in paragraph 4 is deemed to place into question the effectiveness of the Union’s climate policy of pricing emissions for EU ETS installations, the Commission shall propose legislative amendments to eliminate this risk. If necessary, any such legislative proposals shall respect the WTO legal principles of non- discrimination and shall not distort existing trade patterns to the Union’s advantage.
Amendment 531 #
2021/0214(COD)
Proposal for a regulation
Annex I – point 2 – point i (new)
Annex I – point 2 – point i (new)
i) Organic chemicals and polymers
Amendment 536 #
2021/0214(COD)
Proposal for a regulation
Annex III – point 2 – introductory part
Annex III – point 2 – introductory part
2. Determination of actual direct embedded emissions for simple goods
Amendment 537 #
2021/0214(COD)
Proposal for a regulation
Annex III – point 2 – paragraph 1 – introductory part
Annex III – point 2 – paragraph 1 – introductory part
For determining the specific actual embedded emissions of simple goods produced in a given installation, only direct emissions shall be accounted for. For this purpose, the following equation is to be applied:
Amendment 538 #
2021/0214(COD)
Proposal for a regulation
Annex III – point 2 – paragraph 3 – introductory part
Annex III – point 2 – paragraph 3 – introductory part
‘Attributed emissions’ mean the part of the installation’s direct emissions during the reporting period that are caused by the production process resulting in goods g when applying the system boundaries of the process defined by the implementing acts adopted pursuant to Article 7(6). The attributed emissions shall be calculated using the following equation:
Amendment 539 #
2021/0214(COD)
Proposal for a regulation
Annex III – point 2 – paragraph 3 – subparagraph 1
Annex III – point 2 – paragraph 3 – subparagraph 1
Amendment 540 #
2021/0214(COD)
Proposal for a regulation
Annex III – point 2 – paragraph 3 – subparagraph 1 a (new)
Annex III – point 2 – paragraph 3 – subparagraph 1 a (new)
Attrg = DirEm + EmH,imp –EmH,exp + Gcorr,imp – Gcorr,exp + Emel –Emel,exp
Amendment 541 #
2021/0214(COD)
Proposal for a regulation
Annex III – point 2 – paragraph 4
Annex III – point 2 – paragraph 4
Where DirEm are the direct emissions, resulting from the production process, expressed in tonnes of CO2e, within the system boundaries referred to in the implementing act pursuant to Article 7(6). ; EmH,imp are the indirect emissions accounted for heat imported to the installation and consumed within the system boundaries of the process; EmH,exp are emission equivalents of heat exported from the process system boundaries; Gcorr,imp is a correction factor taking into account imports of waste gases or greenhouse gases used as process input; Gcorr,exp is a similar correction factor for exports of such gases from the system boundaries of the process; Emel are the indirect emissions accounted for electricity consumed within the system boundaries of the process, including any electricity consumed from the relevant power grid from which the installation is supplied; Emel,exp are emission equivalents of electricity exported from the process system boundaries; EmH is to be calculated using the emission factor for heat given in the implementing act pursuant to Article 7, Emel is to be calculated using the emission factor for electricity given in that act. Where offsite power is consumed, the annual average emissions intensity of the marginal or other price-setting generator in the relevant electricity market shall be used.Where such data are not available, the average emissions intensity of fossil- fuel based generation plants in the relevant power market supplying the producing installation shall be used instead. For Gcorr the implementing act shall specify the types of gases and of their use eligible for corrections, and relevant calculation factors.
Amendment 52 #
2021/0211(COD)
Proposal for a directive
Recital 14
Recital 14
(14) International maritime transport activity, consisting of voyages between ports under the jurisdiction of two different Member States or between a port under the jurisdiction of a Member State and a port outside the jurisdiction of any Member State, has been the only means of transportation not included in the Union's past commitments to reduce greenhouse gas emissions. Emissions from fuel sold in the Union for journeys that depart in one Member State and arrive in a different Member State or a third country have grown by around 36 % since 1990. Those emissions represent close to 90 % of all Union navigation emissions as emissions from fuel sold in the Union for journeys departing and arriving in the same Member State have been reduced by 26 % since 1990. In a business-as-usual scenario, emissions from international maritime transport activities are projected to grow by around 14 % between 2015 and 2030 and 34 % between 2015 and 2050. If the climate change impact of maritime transport activities grows as projected, it would significantly undermine reductions made by other sectors to combat climate change.
Amendment 70 #
2021/0211(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17 a) The European Commission stated in its "Sustainable and Smart Mobility Strategy" the importance of all transport modes to become more sustainable, with green alternatives widely available and to put in place the right incentives to drive the transition. Furthermore, the Commission's Strategy recognised that maritime transport has greater decarbonisation challenges since there is currently no economically viable zero- emission power train technology available and the fuel mix in the maritime sector relies entirely on fossil fuels. The June 2020 Council Conclusions on “EU Waterborne Transport Sector – Future outlook: Towards a carbon-neutral, zero accidents, automated and competitive EU Waterborne Transport Sector” stressed the need to support the development of alternative fuels for use in all segments of waterborne transport. It presented a vision for green and carbon-neutral ports and coastal areas that included the use of liquefied natural gas (LNG) as a transitional fuel. In addition, the European Parliament's Resolution on "Maritime efficient and cleaner maritime transport" of April 2021, recognised the importance of transitional technologies, such as LNG and LNG infrastructure, for a gradual transition towards zero- emissions alternatives in the maritime sector;
Amendment 75 #
2021/0211(COD)
Proposal for a directive
Recital 17 b (new)
Recital 17 b (new)
(17 b) Given the key role of alternative fossil fuels for a transitional phase, such as LNG, in the decarbonisation of the maritime transport, and taking into account the long lifetime of ships, ships operating with these alternative fossil fuels for a transitional phase, should be liable to surrender allowances from 2026 in order to ensure a smooth and just inclusion in the EU ETS.
Amendment 76 #
2021/0211(COD)
Proposal for a directive
Recital 17 c (new)
Recital 17 c (new)
(17 c) Ships operating under a public service contract or subject to public service obligations, and ships operating to and/or from the outermost regions of the EU should be exempted from any obligations under this Directive, given their high EU value in improving EU regions' accessibility and socioeconomic cohesion.
Amendment 83 #
2021/0211(COD)
Proposal for a directive
Recital 19
Recital 19
(19) The Commission should review the functioning of Directive 2003/87/EC in relation to maritime transport activities in the light of experience of its application, including in relation to possible evasive practices and socioeconomic and competitiveness impact in the EU maritime sector, and should then propose measures to tackle the latter and ensure its effectiveness towards the decarbonisation of the sector.
Amendment 103 #
2021/0211(COD)
Proposal for a directive
Recital 33
Recital 33
(33) The scope of the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC should be extended to support innovation in low-carbon technologies and processes that concern the consumption of fuels in the sectors of buildings and road transport. In addition, the Innovation Fund should serve to support investments to decarbonise the maritime transport sector, including investments in sustainable alternative fuels, such as hydrogen and ammonia that are produced from renewables, and their corresponding refuelling and recharging infrastructures in ports as well as zero- emission propulsion technologies like wind technologies. Considering that revenues generated from penalties raised in Regulation xxxx/xxxx [FuelEU Maritime]52 are allocated to the Innovation Fund as external assigned revenue in accordance with Article 21(5) of the Financial Regulation, the Commission should ensure that due consideration is given to support for innovative projects aimed at accelerating the development and deployment of renewable and low carbon fuels in the maritime sector, as specified in Article 21(1) of Regulation xxxx/xxxx [FuelEU Maritime]. To ensure sufficient funding is available for innovation within this extended scope, the Innovation Fund should be supplemented with 50 million allowances, stemming partly from the allowances that could otherwise be auctioned, and partly from the allowances that could otherwise be allocated for free, in accordance with the current proportion of funding provided from each source to the Innovation Fund. __________________ 52[add ref to the FuelEU Maritime Regulation].
Amendment 111 #
2021/0211(COD)
Proposal for a directive
Recital 43
Recital 43
Amendment 115 #
2021/0211(COD)
Proposal for a directive
Recital 43
Recital 43
Amendment 119 #
2021/0211(COD)
Proposal for a directive
Recital 44
Recital 44
Amendment 120 #
2021/0211(COD)
Proposal for a directive
Recital 44
Recital 44
Amendment 128 #
2021/0211(COD)
Proposal for a directive
Recital 45
Recital 45
Amendment 130 #
2021/0211(COD)
Proposal for a directive
Recital 45
Recital 45
Amendment 134 #
2021/0211(COD)
Proposal for a directive
Recital 46
Recital 46
Amendment 135 #
2021/0211(COD)
Proposal for a directive
Recital 46
Recital 46
Amendment 138 #
2021/0211(COD)
Proposal for a directive
Recital 47
Recital 47
Amendment 139 #
2021/0211(COD)
Proposal for a directive
Recital 47
Recital 47
Amendment 146 #
2021/0211(COD)
Proposal for a directive
Recital 48
Recital 48
Amendment 147 #
2021/0211(COD)
Proposal for a directive
Recital 48
Recital 48
Amendment 149 #
2021/0211(COD)
Proposal for a directive
Recital 49
Recital 49
Amendment 154 #
2021/0211(COD)
Proposal for a directive
Recital 49
Recital 49
Amendment 156 #
2021/0211(COD)
Proposal for a directive
Recital 50
Recital 50
Amendment 159 #
2021/0211(COD)
Proposal for a directive
Recital 50
Recital 50
Amendment 163 #
2021/0211(COD)
Proposal for a directive
Recital 51
Recital 51
Amendment 164 #
2021/0211(COD)
Proposal for a directive
Recital 51
Recital 51
Amendment 169 #
2021/0211(COD)
Proposal for a directive
Recital 52
Recital 52
Amendment 172 #
2021/0211(COD)
Proposal for a directive
Recital 52
Recital 52
(52) The introduction of the carbon price in road transport and buildings should be accompanied by effective social compensation, especially in view of the already existing levels of energy poverty. About 34 million Europeans reported an inability to keep their homes adequately warm in 2018, and 6,9 % of the Union population have said that they cannot afford to heat their home sufficiently in a 2019 EU-wide survey60 . To achieve an effective social and distributional compensation, Member States should be required to spend the auction revenues on the climate and energy-related purposes already specified for the existing emissions trading, but also for measures added specifically to address related concerns for the new sectors of road transport and buildings, including related policy measures under Directive 2012/27/EU of the European Parliament and of the Council61 . Auction revenues should be used to address social aspects of the emission trading for the new sectors with a specific emphasis incosts of the transition, and the increased volatility of energy and commodity prices owing to transition- related adjustments and resource depletion, make it necessary to protect the most vulnerable households, micro-enterprises and transport users. In this spirit, a new Social Climate Fund will provide dedicated funding to Member States to support the European citizens most affected or at risk of energy or mobility poverty. This Fund will promote fairness and solidarity between and within Member States while mitigating the risk of energy and mobility poverty during the transition. It will build on and complement existing solidarity mechanisms. The resources of the new Fund will in principle correspond to 25 % of the expected revenues from new emission trading in the period 2026-2032, and will be implemented on the basis of the Social Climate Plans that Member States should put forward under Regulation (EU) 20…/nn of the European Parliament and the Council62 . In addition, each Member State should use their auction revenues inter alia to finance a part of the costs of their Social Climate PlansSMEs while maintaining a high level of investment to ensure the ecological transition is a success. Therefore, a Social Climate Fund should be established in order to ensure an inclusive and just transition that leaves no one behind. __________________ 60 Data from 2018. Eurostat, SILC [ilc_mdes01]. 61Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1–56). 62[Add ref to the Regulation establishing the Social Climate Fund].
Amendment 174 #
2021/0211(COD)
Proposal for a directive
Recital 53
Recital 53
Amendment 176 #
2021/0211(COD)
Proposal for a directive
Recital 53
Recital 53
Amendment 178 #
2021/0211(COD)
Proposal for a directive
Recital 54
Recital 54
Amendment 182 #
2021/0211(COD)
Proposal for a directive
Recital 54
Recital 54
Amendment 186 #
2021/0211(COD)
Proposal for a directive
Recital 55
Recital 55
Amendment 189 #
2021/0211(COD)
Proposal for a directive
Recital 55
Recital 55
Amendment 191 #
2021/0211(COD)
Proposal for a directive
Recital 56
Recital 56
Amendment 194 #
2021/0211(COD)
Proposal for a directive
Recital 56
Recital 56
Amendment 198 #
2021/0211(COD)
Proposal for a directive
Recital 57
Recital 57
Amendment 203 #
2021/0211(COD)
Proposal for a directive
Recital 57
Recital 57
Amendment 207 #
2021/0211(COD)
Proposal for a directive
Recital 58
Recital 58
Amendment 209 #
2021/0211(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) The Commission stated in its "Sustainable and Smart Mobility Strategy" the importance of all transport modes to become more sustainable, with green alternatives widely available and to put in place the right incentives to drive the transition. Furthermore, the Commission's Strategy recognised that maritime transport has greater decarbonisation challenges since there is currently no economically viable zero- emission power train technology available and the fuel mix in the maritime sector relies entirely on fossil fuels. The June 2020 Council Conclusions on “EU Waterborne Transport Sector – Future outlook: Towards a carbon-neutral, zero accidents, automated and competitive EU Waterborne Transport Sector” stressed the need to support the development of alternative fuels for use in all segments of waterborne transport. It presented a vision for green and carbon-neutral ports and coastal areas that included the use of liquefied natural gas (LNG) as a transitional fuel. In addition, the European Parliament's resolution of 27 April 2021 on technical and operational measures for more efficient and cleaner maritime transport, recognised the importance of transitional technologies, such as LNG and LNG infrastructure, for a gradual transition towards zero- emissions alternatives in the maritime sector.
Amendment 209 #
2021/0211(COD)
Proposal for a directive
Recital 58
Recital 58
Amendment 210 #
2021/0211(COD)
Proposal for a directive
Recital 59
Recital 59
Amendment 211 #
2021/0211(COD)
Proposal for a directive
Recital 59
Recital 59
Amendment 215 #
2021/0211(COD)
Proposal for a directive
Recital 17 b (new)
Recital 17 b (new)
(17b) Given the key role of alternative fossil fuels for a transitional phase, such as LNG, in the decarbonisation of the maritime transport, and taking into account the long lifetime of ships, ships operating with these alternative fossil fuels for a transitional phase, should be liable to surrender allowances from 2026 in order to ensure a smooth and just inclusion in the EU ETS.
Amendment 217 #
2021/0211(COD)
Proposal for a directive
Recital 60
Recital 60
Amendment 218 #
2021/0211(COD)
Proposal for a directive
Recital 17 c (new)
Recital 17 c (new)
(17c) Ships operating under a public service contract or subject to public service obligations, and ships operating to and/or from the outermost regions of the EU should be exempted from any obligations under this Directive, given their high EU value in improving EU regions' accessibility and socioeconomic cohesion.
Amendment 218 #
2021/0211(COD)
Proposal for a directive
Recital 60
Recital 60
Amendment 228 #
2021/0211(COD)
Proposal for a directive
Recital 66
Recital 66
Amendment 239 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2003/87/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to the activities listed in Annexes I and III, and to the of greenhouse gases listed in Annex II. Where an installation that is included in the scope of the EU ETS due to the operation of combustion units with a total rated thermal input exceeding 20 MW changes its production processes to reduce its greenhouse gas emissions and no longer meets that threshold, it shall remain in the scope of the EU ETS until the end of the relevant five year period referred to in Article 11(1), second subparagraph, following the change to its production process.
Amendment 243 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 2003/87/EC
Article 3 – point b
Article 3 – point b
(b) ‘emissions’ means the release of greenhouse gases from sources in an installation or the release from an aircraft performing an aviation activity listed in Annex I or from ships performing a maritime transport activity listed in Annex I of the gases specified in respect of that activity, or the release of greenhouse gases corresponding to the activity referred to in Annex III;;
Amendment 244 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2003/87
Article 3 – point d
Article 3 – point d
(d) ‘greenhouse gas emissions permit’ means the permit issued in accordance with Articles 5, 6 and 30b;6;
Amendment 249 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point v
Article 3 – point v
(v) ‘shipping company’ means the shipowner or any other organisation or person, such as the manager or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention, set out in Annex I to Regulation (EC) No 336/2006 of the European Parliament and of the Council(*);; When the ultimate responsibility for the purchase of the fuel or the operation of the ship is assumed, pursuant to a contractual agreement, by a different entity, this entity shall be responsible under this contractual agreement to cover the costs arising from the implementation of this Directive. Operation of the ship for the purposes of this Article shall mean determining the cargo carried, the route or the speed of the ship.
Amendment 251 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point w a (new)
Article 3 – point w a (new)
Amendment 256 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point w b (new)
Article 3 – point w b (new)
Amendment 258 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point w c (new)
Article 3 – point w c (new)
(w c) "transhipment operation” means an operation in which any cargo, container or good is unloaded from a ship to the port for the sole purpose of loading it on another ship;
Amendment 260 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point w d (new)
Article 3 – point w d (new)
(w d) "non-EU neighbouring country" means a non-EU country which is connected by the same sea basin to an EU Member State, or adjacent to an EU Member State;
Amendment 262 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point x
Article 3 – point x
Amendment 266 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point y
Article 3 – point y
Amendment 267 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point z
Article 3 – point z
Amendment 298 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1a (new)
Article 3ga – paragraph 1a (new)
In the case of ships operating with "alternative fossil fuels for a transitional phase" (i.e. LNG) as defined in Article 2 in Regulation (EU) […][on the deployment of alternative fuels infrastructure] liability to surrender allowances shall follow the following schedule: (a) 20 % of verified emissions reported for 2026; (b) 45 % of verified emissions reported for 2027; (c) 70 % of verified emissions reported for 2028; (d) 100 % of verified emissions reported for 2029 and each year thereafter.
Amendment 303 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 2
Article 3ga – paragraph 2
To the extent that fewer allowances are surrendered compared to the verified emissions from maritime transport for the years 2023, 2024 and 2025, once the difference between verified emissions and allowances surrendered has been established in respect of each year, a corresponding quantity of allowances shall be cancelled rather than auctioned pursuant to Article 10. The latter will apply correspondingly to the years 2026, 2027 and 2028 for ships operating with "alternative fossil fuels for a transitional phase".
Amendment 305 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 2 a (new)
Article 3ga – paragraph 2 a (new)
Each shipping company shall be entitled to use international credits up to a maximum of 6 % of its verified emissions during the period from 2023 to 2030 when officially proving these credits are obtained participating in decarbonisation projects within the EU regions where they operate their ships
Amendment 309 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga b (new)
Article 3ga b (new)
Article 3ga b Maritime Transition Fund The European Commission shall propose the establishment of a dedicated Maritime Transition Fund in order to support and accelerate projects, investments and innovations in the EU maritime sector. The dedicated Fund shall support the decarbonisation of the maritime sector, supporting the deployment of sustainable alternative fuels and its corresponding recharging and refuelling infrastructure, as well as the development of the most innovative European technologies in the fleet, as well as the promotion of fleet renewal across the EU ship building industry.
Amendment 315 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd b (new)
Article 3gd b (new)
Amendment 331 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 2
Article 3ge – paragraph 2
2. The Commission shall monitor the implementation of this Chapter and possible trends and results as regards companies seeking to avoid being bound by the requirements of this Directive, as well as results on the socioeconomic impact and competitiveness in the EU maritime sector. If appropriate, the Commission shall propose measures to prevent such avoidancethe latter.;
Amendment 362 #
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/EC
Article 10a – paragraph 8 – subparagraph 3
Article 10a – paragraph 8 – subparagraph 3
The Innovation Fund shall cover the sectors listed in Annex I and Annex III, including environmentally safe carbon capture and utilisation (“CCU”) that contributes substantially to mitigating climate change, as well as products substituting carbon intensive ones produced in sectors listed in Annex I, and to help stimulate the construction and operation of projects aimed at the environmentally safe capture and geological storage (“CCS”) of CO2, as well as of innovative renewable energy and energy storage technologies; in geographically balanced locations. The Innovation Fund may also support break- through innovative technologies and infrastructure, including for refuelling and recharging infrastructure in ports according to Regulation (UE) […][on the deployment of alternative fuels infrastructure] to decarbonise the maritime sector and for the production of low- and zero-carbon fuels in aviation, rail and road transport. Special attention shall be given to projects in sectors covered by the [CBAM regulation] to support innovation in low carbon technologies, CCU, CCS, renewable energy and energy storage, in a way that contributes to mitigating climate change.
Amendment 376 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point -a (new)
Article 1 – paragraph 1 – point 15 – point -a (new)
Directive 2003/87/CE
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
(-a) the following paragraph 1b is added: " Access to the EU ETS market shall be limited to operators with compliance obligations under the EU ETS. This includes stationary installations operators, aviation operators and maritime operators. Access shall also be granted to financial intermediaries purchasing allowances on behalf of operators mentioned above."
Amendment 385 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c a (new)
Article 1 – paragraph 1 – point 15 – point c a (new)
(c a) An obligation to surrender allowances shall not arise, until 2030, in respect of emissions from ships operating in deep-sea routes with Carbon Leakage risks and under an efficiency benchmark. The list of routes and the efficiency benchmark shall be determined by the Commission. The Commission shall monitor and report every year on the situation of carbon leakage to Member States from the implementation of this Regulation. The Commission shall assess the need to extend this provision and/or the need for new preventive measures - such as incentives to shipping companies performing such routes- from 2030 to avoid carbon leakage risks in transhipment ports of the EU close to non-EU transhipment ports as well as in deep-sea routes.
Amendment 386 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c b (new)
Article 1 – paragraph 1 – point 15 – point c b (new)
(c b) An obligation to surrender allowances shall not arise in respect of: - 100% of emissions of ships operating under a public service contract concluded in accordance to article 4 of Council Regulation (EEC) No 3577/92 of 7 December 1992. - 50% of emissions of greenhouse gases for ships subject to public service obligations in accordance to article 4 of Council Regulation (EEC) No 3577/92 of 7 December 1992. - 100% of the voyages performed by a ship with total annual emissions lower than 10.000 tonnes per year. - emissions from voyages operating inside the outermost regions of the EU and emissions from voyages between a port located in an outermost region of a Member State and a port located in the same Member Sated outside that outermost regions.
Amendment 391 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c c (new)
Article 1 – paragraph 1 – point 15 – point c c (new)
Directive 2003/87/CE
Article 12 – paragraph 3 – a a (new)
Article 12 – paragraph 3 – a a (new)
(cc) the following paragraph 3-aa is inserted: "3–aa. For the purpose of this Directive, the CO2 emissions from shipping shall not be taken into account in the following circumstances: (i) humanitarian voyages; (ii) search and rescue voyages or parts of normal voyages by ships where search and rescue activities had to be carried out;"
Amendment 397 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Directive 2003/87/EC
Article 29a – paragraph 1
Article 29a – paragraph 1
Amendment 402 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Chapter IVa
Chapter IVa
Amendment 403 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Chapter IVa
Chapter IVa
Amendment 408 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30a
Article 30a
Amendment 410 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30b
Article 30b
Amendment 413 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30c
Article 30c
Amendment 415 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30d
Article 30d
Amendment 428 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Amendment 430 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30f
Article 30f
Amendment 435 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Amendment 436 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30h
Article 30h
Amendment 444 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30i
Article 30i
Amendment 448 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2003/87/EC
Annexes
Annexes
Amendment 449 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2003/87/EC
Annexes
Annexes
(22) Annexes I, IIb, IV and V to Directive 2003/87/EC are amended in accordance with Annex I to this Directive, and Annexes III, IIIa and IIIb are inserted in Directive 2003/87/EC as set out in Annex I to this Directive.
Amendment 452 #
2021/0211(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5aa (new)
Article 1 – paragraph 5aa (new)
(ca) the following paragraph is inserted after paragraph 5a: "5aa. The number of allowances to be placed in the reserve during the 12 months beginning on 1 September of every year shall not exceed 25 % of the number of allowances to be auctioned during the next 12 months."
Amendment 453 #
2021/0211(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Decision (EU) 2015/1814
Article 1a
Article 1a
Amendment 474 #
2021/0211(COD)
Proposal for a directive
Annex I – paragraph 1 – point c – point vii
Annex I – paragraph 1 – point c – point vii
Directive 2003/87/EC
Annex I – table – ultimate row – column 1
Annex I – table – ultimate row – column 1
Maritime transport Maritime transport activities of ships covered by Regulation (EU) 2015/757 of the European Parliament and of the Council performing voyages with the purpose of transporting passengers or cargo for commercial purposes This activity shall not include: - voyages performed in the framework of a public service contract or subject to public service obligations in accordance to Council Regulation (EEC) No 3577/92. - voyages performed by a ship with total annual emissions lower than 10.000 tonnes per year. - voyages operating inside the outermost regions of the EU and voyages between a port located in an outermost region of a Member State and a port located in the same Member Sated outside that outermost regions. In addition, the following emissions shall not be accounted for: (i) Humanitarian voyages (ii) Search and rescue voyages or parts of normal voyages by ships where search and rescue activities had to be carried out
Amendment 476 #
2021/0211(COD)
Proposal for a directive
Annex I – point 2
Annex I – point 2
Directive 2003/87/EC
Annexes III, III a, III b
Annexes III, III a, III b
Amendment 477 #
2021/0211(COD)
Proposal for a directive
Annex I – point 2
Annex I – point 2
Directive 2003/87/EC
Annex III
Annex III
Amendment 482 #
2021/0211(COD)
Proposal for a directive
Annex I – point 2
Annex I – point 2
Directive 2003/87/EC
Annex IIIa
Annex IIIa
Amendment 484 #
2021/0211(COD)
Proposal for a directive
Annex I – point 3 – point c
Annex I – point 3 – point c
Directive 2003/87/EC
Annex IV – part C
Annex IV – part C
Amendment 486 #
2021/0211(COD)
Proposal for a directive
Annex I – point 4
Annex I – point 4
Directive 2003/87/EC
Annex V – part C
Annex V – part C
Amendment 669 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EU
Article 3 – paragraph 1 – point x a (new)
Article 3 – paragraph 1 – point x a (new)
(xa) “port of call” means the port where a ship stops to load or unload cargo or to embark or disembark passengers; consequently, for the purpose of this Directive stops for the sole purposes of refuelling, obtaining supplies, relieving the crew, going into dry-dock or making repairs to the ship or its equipment, stops in port because the ship is in need of assistance or in distress, ship-to-ship transfers carried out outside ports, stops in a transhipment port of a non-EU neighbouring country and stops for the sole purpose of taking shelter from adverse weather or rendered necessary by search and rescue activities are excluded;
Amendment 670 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EU
Article 3 – paragraph 1 – point x b (new)
Article 3 – paragraph 1 – point x b (new)
(xb) “transhipment port” means the port where the movement of one type of cargo to be transhipped exceeds 60 % of the total traffic of that port. It needs to be considered that cargo, container or goods are transhipped when they are unloaded from ship to the port for the sole purpose of loading them on another ship.
Amendment 671 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EU
Article 3 – paragraph 1 – point x c (new)
Article 3 – paragraph 1 – point x c (new)
(xc) “deep sea routes” means those shipping routes connecting two or more continents and performed by regular services covering more than 3 000 km long where ships would carry out transhipment operations at any port in its route. Such routes shall be incorporated in a list and reconsidered on an annual basis by the Commission;
Amendment 736 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 a(new)
Article 3ga – paragraph 1 a(new)
Amendment 742 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 2
Article 3ga – paragraph 2
To the extent that fewer allowances are surrendered compared to the verified emissions from maritime transport for the years 2023, 2024 and 2025, once the difference between verified emissions and allowances surrendered has been established in respect of each year, a corresponding quantity of allowances shall be cancelled rather than auctioned pursuant to Article 10. The latter will apply correspondingly to the years 2026, 2027 and 2028 for ships operating with "alternative fossil fuels for a transitional phase".
Amendment 746 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Each shipping company shall be entitled to use international credits up to a maximum of 6 % of its verified emissions during the period from 2023 to 2030 when officially proving these credits are obtained participating in decarbonisation projects within the EU regions where they operate their ships
Amendment 1304 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point -a (new)
Article 1 – paragraph 1 – point 15 – point -a (new)
Directive 2003/87/CE
Article 12 – paragraph 1a a (new)
Article 12 – paragraph 1a a (new)
Amendment 1326 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point d a (new)
Article 1 – paragraph 1 – point 15 – point d a (new)
Directive 2003/87/EC
Article 12 – paragraph 3 a a (new)
Article 12 – paragraph 3 a a (new)
(da) the following paragraph is inserted: " 3aa. An obligation to surrender allowances shall not arise, until 2030, in respect of emissions from ships operating in deep-sea routes with Carbon Leakage risks and under an efficiency benchmark. The list of routes and the efficiency benchmark shall be determined by the Commission. "
Amendment 1327 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point d b (new)
Article 1 – paragraph 1 – point 15 – point d b (new)
Directive 2003/87/EC
Article 12 – paragraph 3 a b (new)
Article 12 – paragraph 3 a b (new)
Amendment 1392 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Directive 2003/87/EC
Article 29 a – paragraph 1
Article 29 a – paragraph 1
(19a) in Article 29a, paragraph 1 is replaced by the following: "1. If, for more than six consecutiveone and half months, the average allowance price is more than threeone and a half times the average price of allowances during the two preceding years on the European carbon market, the Commission shall immediately convene a meeting of the Committee esadopt a decision to release 100 million allowances covered by this Chapter from the Market Stabilished byty Reserve in accordance with Article 91(7) of Decision No 280/2004/EC. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20200101)(EU) 2015/1814." Or. en
Amendment 1566 #
2021/0211(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c a (new)
Article 2 – paragraph 1 – point 1 – point c a (new)
Decision 2015/1814
Article 1 – paragraph 5 a a (new)
Article 1 – paragraph 5 a a (new)
(ca) the following paragraph is inserted: "5aa. The number of allowances to be placed in the reserve during the 12 months beginning on 1 September of every year shall not exceed 25 % of the number of allowances to be auctioned during the next 12 months." ;
Amendment 1661 #
2021/0211(COD)
Proposal for a directive
Annex I – paragraph 1 – point c – point vii
Annex I – paragraph 1 – point c – point vii
Directive 2003/87/EU
Annex I – table – last row – column 1
Annex I – table – last row – column 1
“Maritime transport Maritime transport activities of ships covered by Regulation (EU) 2015/757 of the European Parliament and of the Council performing voyages with the purpose of transporting passengers or cargo for commercial purposes. This activity shall not include voyages performed by a shipping company performing voyages with total annual emissions lower than 10 000 tonnes per year.
Amendment 102 #
2021/0210(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) LNG is likely to play a continued transitional role in maritime transport, where there is currently no economically viable zero-emission powertrain technology available. The Communication on the Smart and Sustainable Mobility Strategy points to zero-emission seagoing ships becoming market ready by 2030. Fleet conversion should take place gradually due to the long lifetime of the ships. Transport fuels such as LNG need increasingly to be decarbonised by blending/substituting with liquefied biomethane (bio-LNG) or renewable and low-carbon synthetic gaseous e-fuels (e-gas) for instance.
Amendment 106 #
2021/0210(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In the context of fuel transition to renewable and low carbon fuels and substitute sources of energy, it is essential to ensure the proper functioning of and fair competition in the EU maritime transport market regarding marine fuels, which account for a substantial share of ship operators’ costs. Differences in fuel requirements across Member States of the Union can significantly affect ship operators’ economic performance and negatively impact competition in the market. Due to the international nature of shipping, ship operators may easily bunker in third countries and carry large amounts of fuel. This may lead to carbon leakage and detrimental effects on the competitiveness of the sector if the availability of renewable and low carbon fuels in maritime ports under the jurisdiction of a Member State is not accompanied by requirements for their use that apply to all ship operators arriving at and departing from ports under the jurisdiction of Member States. This Regulation should lay down measures to ensure that the penetration of renewable low-carbon fuels in the marine fuels market takes place under the conditions of fair competition on the EU maritime transport market. In this line, this Regulation shall not apply to the energy used for those voyages in the EEE where the socioeconomic impacts of these measures risk to render the voyage services impracticable or where it can be demonstrated there is a carbon leakage due to cargo shifting to other transport means.
Amendment 115 #
2021/0210(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to produce an effect on all the activities of the maritime transport sector, it is appropriate that this Regulation covers a share of the voyages between a port under the jurisdiction of a Member State and port under the jurisdiction of a third country. This Regulation should thus apply to half of the energy used by a ship performing voyages arriving atthe entirety of the energy used on voyages from a non-EU neighbouring country transhipment port to a port of call under the jurisdiction of a Member State, and a share of the voyages between a port under the jurisdiction of a Member State from aand port outsiunder the jurisdiction of a Member State, half of the of the energy used by a ship performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State,third country except those from a non-EU neighbouring country transhipment port. This Regulation should also apply to the entirety of the energy used on by a ship performing voyages arriving at a port under the jurisdiction of a Member State from a port under the jurisdiction of a Member State, and the energy used at berth, in other words, when the ship is securely moored at a berth while loading and unloading, in a port under the jurisdiction of a Member State. Such coverage of a share of the energy used by a ship in both incoming and outgoing voyages between the Union and third countries ensures the effectiveness of this Regulation, including by increasing the positive impact on the environment of such framework. Simultaneously, such frameworktargeted measures should be implemented to further limits the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. IThis Regulation should ensure uniform rules in order to ensure smooth operation of maritime traffic, as well as a level playing field among maritime transport operators and among ports, and avoid distortions in the EU internal market, all journeys arriving or departing from ports under jurisdiction of Member States, as well as the stay of ships in those ports should be covered by uniform rules contained in this Regulation.
Amendment 122 #
2021/0210(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Voyages operating under a public service contract or subject to public service obligations, and voyages operating within the EEE to the outermost regions of the Union within the same Member States and also those voyages within the same Member State in these regions should be exempted from any obligations under this Regulation, given their high EU value in improving these regions' accessibility and socioeconomic cohesion.
Amendment 274 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) the entirety of the energy used on voyages from a non-EU neighbouring country transhipment port to a port of call under the jurisdiction of a Member State, and
Amendment 278 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) a half of the energy used on voyages departing from or arriving to a port of call under the jurisdiction of a Member State, where the last or the next port of call is under the jurisdiction of a third country. except those from a non EU neighbouring country transhipment port
Amendment 284 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Paragraphs (a), (b), (c), and (d) above shall not apply to: (i) the energy used for force majeure purposes, (ii) for the energy used for those voyages in the EEE where the social and economic impact of the measure would risk to render the service impracticable or where it can be demonstrated that there is a carbon leakage due to cargo shifting to other transport means, (iii) the energy used for those within the EEE to the outermost regions of the Union within the same Member States and also those departing and arriving within the same Member State in these regions, provided that the relevant Member States ensure that, in those regions the air quality standards are respected . (iv) the energy used for those voyages operating under a public service contract or subject to public service obligations.
Amendment 303 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) ‘"port of call’" means a port of call as defined in Article 3, point (b) of Regulation (EU) 2015/757the port where a ship stops to load or unload cargo or to embark or disembark passengers; consequently, for the purpose of this regulation stops for the sole purposes of refuelling, obtaining supplies, relieving the crew, going into dry-dock or making repairs to the ship or its equipment, stops in port because the ship is in need of assistance or in distress, ship-to-ship transfers carried out outside ports, stops in a transhipment port of a non-EU neighbouring country and stops for the sole purpose of taking shelter from adverse weather or rendered necessary by search and rescue activities are excluded;
Amendment 306 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point i a (new)
Article 3 – paragraph 1 – point i a (new)
(ia) "transhipment port" means the port where the movement of one type of cargo to be transhipped exceeds 60 % of the total traffic of that port. It needs to be considered that cargo, container or goods are transhipped when they are unloaded from ship to the port for the sole purpose of loading them on another ship.
Amendment 311 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point k a (new)
Article 3 – paragraph 1 – point k a (new)
(ka) ‘maritime fuel supplier’ means a fuel supplier as defined in Article 2, second paragraph, point 38 of Directive (EU) 2018/2001, supplying marine fuel at a Union port;
Amendment 316 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) ‘ship at berth’ means a ship at berth as defined in Article 3, point (n) of Regulation (EU) 2015/757which is securely moored in a port falling under the jurisdiction of a Member State while it is loading, unloading or hotelling, including the time spent when not engaged in cargo operations;
Amendment 383 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The Commission will carry out a review of the implementation of this regulation at the level of the MS and with regards to fuel certification schemes worldwide every five years from 2028 in order to assess the need to maintain or modify the percentages indicated in section 2 of this article. Furthermore, the Commission will carry out with a first review in 2025 to specifically address carbon leakage.
Amendment 386 #
2021/0210(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Maritime fuel suppliers 1. Maritime fuel suppliers shall ensure that the supply of fuels in the Union ports is sufficient, in order for ships to meet the requirements set out in Article 4 paragraph 2 and Article 4b (new) paragraph 2b 2. Marine fuel suppliers shall provide to the master of the ship a ‘FuelEU Maritime Bunker Note’, which should be annexed to the Bunker Delivery Note. The fuel supplier shall be responsible for the accuracy of the information. 3. The Commission is empowered to adopt delegated acts in accordance with Article 26 to calculate and publish, at least two years in advance, the total quantities of fuels referred to in paragraph 1.
Amendment 389 #
2021/0210(COD)
Proposal for a regulation
Article 4 b (new)
Article 4 b (new)
Article 4 b Supply plans and reporting obligations for maritime fuel suppliers 1. By 31 March of each year maritime fuel suppliers shall develop and submit to the compliance database, referred to in Article 16, a comprehensive plan for the projected supply of the fuels referred to in Article 4 a (new) paragraph 1 and 2. The supply plan shall include the following information for each of the fuels projected to be supplied at Union ports: (a) The list of the Union ports and their geographical location; (b) The type of fuels supplied and volumes; (c) The well-to-wake emission factors, origin of feedstock and conversion process. 2. By 31 March of each reporting year, maritime fuel suppliers shall report in the compliance database referred to in Article 16, the following information: (a) The volume of each type of fuels supplied at each Union port; (b) The well-to-wake emission factors, origin of feedstock and conversion process for each type of renewable marine fuels supplied at Union ports. 3. Commission shall publish information submitted to the compliance database referred to in paragraph 1 and 2.
Amendment 396 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. From 1 January 2030, a ship at berth, in other words, moored at the quayside, in a port of call under the jurisdiction of a Member State shall connect to on- shore power supply and use it for all energy needs while at berth.
Amendment 402 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Ship operators shall inform and consult the port managing body and/or, where relevant, the terminal operator and/or competent authority, in due time about the current and future demand for shore-side electricity supply and/or any of equivalent technologies.
Amendment 415 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) that are at berthmoored at the quayside for less than twofour hours, calculated on the basis of hour of departure and arrival monitored in accordance with Article 14;
Amendment 432 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point d a (new)
Article 5 – paragraph 3 – point d a (new)
(d a) that operate in a port which is located on an island in accordance with Article 9(3) of AFIR Regulation;
Amendment 461 #
2021/0210(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. In accordance with Articles 7 to 9, companies shall, for each of their ships, monitor and report on the relevant data during a reporting period. They shall carry out that monitoring and reporting within all ports under the jurisdiction of a Member State and for anyll voyages to or from a port under the jurisdiction of a Member State.
Amendment 516 #
2021/0210(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c a (new)
Article 14 – paragraph 1 – point c a (new)
(c a) the amount of electricity taken at berth at navigational purposes;
Amendment 517 #
2021/0210(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) the well-to-wake emission factors for each type of fuel, including electricity taken from onshore power supply, consumed at berth and at sea, broken down by well-to-tank, tank- to-wake and fugitive emissions, covering all relevant greenhouse gases;
Amendment 522 #
2021/0210(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. When the supply of fuels referred to in Article 4a (new) paragraph 2 and 4, is not sufficient at the Union ports of call in accordance with the supply plan of the maritime fuel suppliers, the ship shall submit a fuel non-availability report (FNAR). The report shall cover the Union port of call where bunker is to be taken, the bunkers that gave rise to the FNAR. FNARs, shall be valid for one compliance period only, and shall be submitted to the competent authorities and the Commission.
Amendment 530 #
2021/0210(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. The Commission is empowered to adopt delegated acts in accordance with Article 26 to create a template for the fuel non-availability report referred to in paragraph 1 a (new).
Amendment 566 #
2021/0210(COD)
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. The company, considering the bunker supplied leading to a FNAR shall get a proportional discount in the penalty referred to in paragraph 1. If more than one fuel supplier is included in the FNARs, the discounts shall be cumulative.
Amendment 587 #
2021/0210(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The revenues generated from penalties referred to in paragraph 1 shall be allocated to the the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC. These revenues shall constitute external assigned revenue in accordance with Article 21(5) of the Financial Regulation, and shall be implemented in accordance with the rules applicable to the Innovation Funda maritime dedicated fund set with the objective of supporting projects and investments as follows: (a) improvement of the energy efficiency of ships and ports; (b) innovative technologies and infrastructure for decarbonising the maritime transport sector, including as regards short sea shipping and ports; (c) deployment of sustainable alternative fuels, such as hydrogen and ammonia; (d) zero-emission propulsion technologies, including wind technologies; (e) research and development and first industrial application of innovative technologies and fuels; (f) projects preserving and benefiting biodiversity and promoting innovation in technologies, for decarbonisation, reduction of risk of noise and air and maritime pollution; (g) contribution to a just transition in the maritime sector through training, upskilling and reskilling of existing workforce; All investment supported by the Fund shall be made public and shall be consistent with the aims of this Regulation.
Amendment 614 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. The Commission shall report to the European Parliament and the Council, by 1 January 2030, the results of an evaluation on the functioning of this Regulation and the evolution of the technologies and market for renewable and low-carbon fuels in maritime transport and its impact on the maritime sector in the Union and globally. The Commission shall consider possible amendments to:
Amendment 622 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point c a (new)
Article 28 – paragraph 1 – point c a (new)
(c a) (e) the scope of application listed in Article 2;
Amendment 626 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point c b (new)
Article 28 – paragraph 1 – point c b (new)
(c b) the definitions listed in Article 3
Amendment 660 #
Amendment 662 #
2021/0210(COD)
Proposal for a regulation
Annex I – paragraph 8 – indent 5 a (new)
Annex I – paragraph 8 – indent 5 a (new)
- Standard used for setting the WtT GHG emission factors
Amendment 664 #
2021/0210(COD)
Proposal for a regulation
Annex II – table
Annex II – table
LNG Otto 2,755 (dual fuel MEPC245 (66) 3,1 LNG 3,0,0491 17,7 medium medium 0 0,00011 speed Regulation (EU) speed) 2,755 2015/757 LNG Otto MEPC245 (66) LNG 0,0491 18,5 (dual fuel LNG Otto 0 0,00011 1,7 Regulation (EU)(dual fuel slow speed) 2015/757 LNG Diesel (dual fuel 0.2 0.2 slow speed) LBSI N/A
Amendment 45 #
2021/0206(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) The "UN Climate Change Conference UK 2021", known as COP26, committed to the transition to climate neutrality to be just and sustainable, so that no region or community is left behind and highlighted the importance of ensuring a just transition of the workforce and the creation of decent work and quality jobs. The COP26 emphasised the need to support communities and regions that are particularly vulnerable to the economic, employment and social effects of the transition.
Amendment 48 #
2021/0206(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Those amendments have differing economic and social impacts on the different sectors of the economy, on the citizens, and the Member States. In particular, the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC of the European Parliament and the Council31 should provide an additional economic incentive to invest intoEU regions and Member States. The aspect of social compensation is critical to address the greduction of fossil fuel consumption and thereby accelerate the reduction of gen transition and to protect and prevenhouse gas emissions. Combined with other measures, this should, in the medium to long term, reduce the costs for buildings and road transport, and provide new opportunities for job creation and investment. _________________ 31Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union (OJ L 275, 25.10.2003, p. 32)t the possible negative impacts on the most vulnerable households and enterprises while maintaining a high level of investment to ensure the success of the ecological transition.
Amendment 53 #
2021/0206(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) However, sufficient, stable and equitable resources are needed to finance those investments. In addition, before they have taken place, the cost supported by households and transport users for heating, cooling and cooking, as well as for road transport, is likely to increase as fuel suppliers subject to the obligations under the emission trading for buildings and road transport pass on costs on carbon to the consumers.
Amendment 59 #
2021/0206(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The increase in the price for fossil fuels maywill disproportionally affect vulnerable households, vulnerable micro- enterprises including SMEs and vulnerable transport users who spend a larger part of their incomes on energy and transport, who, in certain regionthus exacerbating inequalities, and who, in certain regions, especially in rural, peripheral, remote, outermost, insular, mountainous and sparsely populated ones, as well as those in less developed regions or territories and those suffering from other demographic and accessibility challenges, do not have access to alternative, affordable mobility and transport solutions and who may lack the financial capacity to invest into the reduction of fossil fuel consumption.
Amendment 66 #
2021/0206(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Therefore, a part of the revenues generated by the inclusion of building and road transport into the scope of Directive 2003/87/EC should be used to address the social impacts arising from that inclusion, for the transition to be just and inclusive,Social Climate Fund should be established at EU level, alongside Member States' Social Climate Plans, in order to ensure a green inclusive and just transition that leavinges no one behind.
Amendment 72 #
2021/0206(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) This is even more relevant in view of the existing levels of energy poverty. Energy is essential and access to affordable energy services is a basic social right and essential for social inclusion. Energy poverty is a situation in which households are unable to access essential energy services such as cooling, as temperatures rise, and heating. About 34 million Europeans reported an inability to keep their homes adequately warm in 2018, and 6.9% of the Union population have said that they cannot afford to heat their home sufficiently in a 2019 EU-wide survey32 . Overall, the Energy Poverty Observatory estimates that more than 50 million households in the European Union experience energy poverty. Energy poverty is therefore a major challenge for the Union. While social tariffs or direct income support can provide immediate relief to households facing energy poverty, only targeted structural measures, in particular energy renovations, can provide lasting solutions. _________________ 32 Data from 2018. Eurostat, SILC [ilc_mdes01]).
Amendment 76 #
2021/0206(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) The increasing importance of energy and transport poverty have been acknowledged at EU-level through various initiatives. However, there are no standard Union level definitions and as a result, no transparent and comparable data on energy and transport poverty are available. Therefore, a broad Union level definition of both concepts should be established to target support and monitoring practices, in particular for the most vulnerable households, vulnerable enterprises and vulnerable transport users.
Amendment 77 #
2021/0206(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12 b) Rural areas, which are home to 30.6% of the EU, are more exposed to suffer, particularly those that are sparsely populated, from transport poverty, due to, among others, lack of infrastructure and quality transport services, as well as from a deterioration in existing services and a low frequency or lack of public transport services, resulting in people relying on their own private vehicles and directly impacting in these regions' connectivity and socioeconomic development. To address all the latter, cooperation at EU, national and regional level is needed to incorporate rural mobility in the transition, throughout boosting investment in sustainable transport infrastructure and public transport services, as well as providing support to purchase low and zero-emission vehicles and promoting alternative mobility solutions such as sustainable mobility on demand and shared mobility services in these territories.
Amendment 78 #
2021/0206(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) A Social Climate Fund (‘the Fund’) should therefore be established to provide funds to the Member States to support their policies to address the social impacts of the emissions trading for buildings and road transport on vulnerable households, vulnerable micro-enterprises, including SMEs, and vulnerable transport users. Thise Fund should promote fairness and solidarity between and within Member States while mitigating the risk of energy and mobility poverty during the transition and should build on and complement existing solidarity and climate mechanisms. This should be achieved notably through temporary income support and measures and investments intended to reduce reliance on fossil fuels through, on one hand, increased energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sources, and granting improvedon the other hand, by granting access to zero- and low-emission mobility and transport, including attractive and safe active mobility, to the benefit of vulnerable households, vulnerable micro-enterprises and vulnerable transport usersenterprises, including SMEs, and vulnerable transport users, as well as by promoting the use of affordable and accessible public transport and increasing the quality and frequency of its services particularly in rural areas, and incentivising clean urban transport fleet renewal and the deployment of the corresponding refuelling and recharging infrastructure .
Amendment 87 #
2021/0206(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) The implementation of the Fund should take into account an ex ante impact assessment provided by the Commission, illustrating the socioeconomic impact of the transition on vulnerable households, vulnerable enterprises, including SMEs, and vulnerable transport users in Member States. This assessment should go hand in hand with an EU socioeconomic and governance policy addressing inequalities, in particular energy and transport poverty and social exclusion.
Amendment 90 #
2021/0206(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) For that purpose, each Member State should submit to the Commission a Social Climate Plan (‘the Plan’). Those Plans should pursue twohe following objectives. Firstly, they should provide vulnerable households, vulnerable micro-enterprises, including SMEs, and vulnerable transport users the necessarysufficient resources to finance and carry out investments in energy efficiency, decarbonisation of heating and cooling, in of buildings and to access zero- and low- emission vehicles and mobility. Secon, including attractive and safe active mobility. Secondly, the Plans should provide the sufficient resources to promote the use of affordable and accessible public transport and increase the quality and frequency of its services particularly in rural areas, as well as to incentivise clean urban transport fleet renewal and the deployment of the corresponding refuelling and recharging infrastructure. Thirdly, they should mitigate the impact of the increase in the cost of fossil fuels on the most vulnerable and thereby prevent energy and transport poverty during the transition period until such investments have been implemented. The Plans should have an investment component promoting the long-term solution of reduce fossil fuels reliance and could envisage other measures, including temporary direct income support to mitigate adverse income effects in the shorter term.
Amendment 96 #
2021/0206(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) The Plans should also include resources to provide information and awareness-raising support, capacity building and training necessary to implement the investments and measures intended to reduce reliance on fossil fuels and to grant access to zero- and low- emission mobility and transport modes, promote the use of affordable and accessible public transport and increase the quality and frequency of its services particularly in rural areas, incentivise clean urban transport fleet renewal and the deployment of the corresponding refuelling and recharging infrastructure, as well as to increase energy efficiency of buildings, and decarbonisation of heating and cooling of buildings including the integration of energy from renewable sources.
Amendment 98 #
2021/0206(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Member States, in consultation with regional, local level authorities, social partners and civil society organizations, are best placed to design and to implement Plans that are adapted and targeted to their local, regional and national circumstances as their existing policies in the relevant areas and planned use of other relevant EU funds. In that manner, the broad diversity of situations, the specific knowledge of local and regional governments, research and innovation and industrial relations and social dialogue structures, as well as national traditions, can best be respected and contribute to the effectiveness and efficiency of the overall support to the vulnerable.
Amendment 102 #
2021/0206(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Ensuring that the measures and investments are particularly targeted towards energy poor oraddressing energy and transport poverty, particularly in the case of vulnerable households, vulnerable micro-enterprises, including SMEs, and vulnerable transport users is key for a just and inclusive transition towards climate neutrality. Support measures to promote reductions in greenhouse gas emissions should help Member States to address the social impacts arising from the emissions trading for the sectors of buildings and road transport.
Amendment 107 #
2021/0206(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Pending the impact of those investments on reducing costs and emissions, well targeted direct income support for the most vulnerable would help the just transition. Such support should be understood to be a temporary measure accompanying the decarbonisation of the housing and transport sectors. It would not be permanent as it does not address the root causes of energy and transport poverty. Such support should only concern direct impacts of the inclusion of building and road transport into the scope of Directive 2003/87/EC, not electricity or heating costs related to the inclusion of power and heat production in the scope of that Directiveconcern direct impacts of the transition and should address and reduce energy and transport poverty. Eligibility for such direct income support should be limited in time.
Amendment 115 #
2021/0206(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Taking into account the importance of tackling climate change in line with Paris Agreement commitments, and the commitment to the United Nations Sustainable Development Goals, the actions under this Regulation should contribute to the achievement of the target that 30% of all expenditure under the 2021-2027 multiannual financial frameworkat least 30% of the total amount of the Union budget and the European Union Recovery instrument expenditure should be spent on mainstreamto supporting climate objectives and should contribute to the ambition of providing 7.5% of annual spending under the MFF to biodiversity objectives in 2024 and 10% of annual spending to biodiversity objectives in 2026 and 2027, while considering the existing overlaps between climate and biodiversity goals. For this purpose, the methodology set out in Annex II of Regulation (EU) 2021/1060 of the European Parliament and of the Council33 should be used to tag the expenditures of the Fund. The Fund should support activities that fully respect the climate and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’ within the meaning of Article 17 of Regulation (EU) 2020/852 of the European Parliament and of the Council34 . Only such measures and investments should be included in the Plans. Direct income support measures should as a rule be considered as having an insignificant foreseeable impact on environmental objectives, and as such be considered compliant with the principle of ‘do no significant harm’. The Commission intends to issue technical guidance to the Member States well ahead of the preparation of the Plans. The guidance will explain how the measures and investments must comply with the principle of ‘do no significant harm’ within the meaning of Article 17 of Regulation (EU) 2020/852. The Commission intends to present in 2021 a proposal for a Council Recommendation on how to address the social aspects of the green transition. _________________ 33Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159). 34 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
Amendment 118 #
2021/0206(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Women are particularly affected by carbon pricing asdisproportionally affected by the consequences of climate change1a, by energy poverty and are particularly affected by carbon pricing due to the employment, income, pay and pension gaps. Moreover, they represent 85% of single parent families. Single parent families, which have a particularly high risk of child poverty. Gender equality and are under-represented as tenants. Women are also under-represented as car owners and feel more unsafe in public transport, despite using it more1b. All the latter, limits women's involvement in the green and digital mobility transition. Gender equality as well as rights and equal opportunities for all, and the mainstreaming of those objectives, as well as questions of accessibility for persons with disabilities and reduced mobility should be taken into account and promoted throughout the preparation and, implementation and monitoring of Plans to ensure no one is left behind. _________________ 1aEIGE, Area K - Women and the environment: climate change is gendered, 05 March 2020, available at: https://eige.europa.eu/publications/beijing -25-policy-brief-area-k-women-and- environment 1bIPOL study on "Women and transport", available at: https://www.europarl.europa.eu/thinktank /nl/document/IPOL_STU(2021)701004
Amendment 122 #
2021/0206(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19 a) Women have different and more complex mobility patterns than those of men. They require more varied means of transport as they are the main responsible persons for care within households. They use more public transport, are more interested in the frequency and quality of service and more affected by transport and mobility affordability1a.Moreover, as transport is a factor that can directly impact and increase poverty and social exclusion, gender mainstreaming should be promoted and implemented into all EU and national transport-related legislation, policies, programmes and actions, including those of the Social Climate Fund and the Member States’ Social Climate Plans. _________________ 1aIPOL study on "Women and transport", available at: https://www.europarl.europa.eu/thinktank /nl/document/IPOL_STU(2021)701004
Amendment 130 #
2021/0206(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The financial envelope of the Fund should, in principle, be commensurate to amounts corresponding to 25% of the expected revenues from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC in be negotiated within the EU budget and the resource allocation should be negotiated between the European Parliament and the Council as any other EU programme. The budget of the Fund should be at least EUR 23 700 000 000 in current prices for the period 20263-2032. Pursuant to Council Decision (EU, Euratom) 2020/205341 , Member States should make those revenues available to the Union budget as own resources27 and EUR 48 500 000 000 in current prices for the period 2028-2032. This amount could be revised upwards in line with the evolution of the costs of the transition. Member States are to finance 5025 % of the total costs of their Plan themselves. For this purpose, as well as for investment and measures to accelerate and alleviate the required transition for citizens negatively affected, Member States should inter alia use their expected revenues from emissions trading for buildings and road transport under Directive 2003/87/EC for that purpose. _________________ 41Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (OJ L 424, 15.12.2020, p. 1)This share could be revaluated in accordance with the resources allocated to the Fund.
Amendment 132 #
2021/0206(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) In the event of higher carbon price, additional financing should be made available for the Fund to ensure the adequate and fair mitigation of the impact on the most vulnerable households, vulnerable enterprises, including SMEs, and vulnerable transport users.
Amendment 141 #
2021/0206(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
The measures and investments supported by the Fund shall benefit households, micro-enterprises including SMEs and transport users, which are vulnerable and particularly affected by the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC, especially households in energy poverty and citizens without public transport alternative to individual cars (in remote and rural areas)costs of the transition and who suffer from or at risk of energy and transport poverty.
Amendment 147 #
2021/0206(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
The general objective of the Fund is to contribute to the transition towards climate neutrality by addressing the social impacts of the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/ECpreventing and addressing the possible socioeconomic impacts of the measures taken at Union and national level to advance in the green transition to achieve the climate neutrality objective set out in Article 2, paragraph 1 of the Regulation EU 2021/1119 ("European Climate Law"). The specific objective of the Fund is to support vulnerable households, vulnerable micro-enterprises, including SMEs, and vulnerable transport users through temporary direct income support and through measures and investments intended to, on one hand, increase energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sources, and granting improvedon the other hand, granting access to zero- and low-emission mobility and transport. , promoting the use of affordable and accessible public transport and increasing the quality and frequency of its services particularly in rural areas, and incentivising clean urban transport fleet renewal and the deployment of the corresponding refuelling and recharging infrastructure.
Amendment 156 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘building renovation’ means all kinds of energy-related building renovationmeasures to increase energy efficiency in buildings, including the insulation of the building envelope, that is to say walls, roof, floor, the replacement of windows, the decarbonisation of replacement of heating, and cooling and cooking applianc, the replacement of cooking appliances and lighting for more efficient ones, and the installation of on-site production of energy from renewable sources, as well as measures aiming at adapting buildings for people with disabilities and/or reduced mobility;
Amendment 161 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘energy poverty’ means energy poverty as defined in point [(49)] of Article 2 of Directive (EU) [yyyy/nnn] of the of the European Parliament and of the Council50 ; _________________ 50[Directive (EU) [yyyy/nnn] of the of the European Parliament and of the Council (OJ C […], […], p. […]).] [Proposal for recast of Directive 2012/27/EU on energy efficiency]a household’s inability to meet its basic energy supply needs and lack of access to essential energy services as to guarantee basic levels of comfort and health and a decent standard of living.
Amendment 165 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2 a) 'transport poverty' means a household inability to carry out its basic daily mobility to meet its essential socioeconomic needs (such as accessing the workplace, health facilities, education...) resulting of, among others: low income, lack of financial means, inability to replace their combustion engine cars and purchase low or zero- emission vehicles, high fuel costs, lack of affordable or availability of quality and high-frequency public transport services, lack or shortage of alternative mobility solutions;
Amendment 168 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Amendment 172 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘transport users’ means households or micro-enterprises, including SMEs, that use various transport and mobility options;
Amendment 177 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘vulnerable households’ means households inwhich suffer from or at risk of energy poverty or households, including lower and middle- income ones, that are significantly affected by the price impacts of the inclusion of buildings into the scope of Directive 2003/87/EC and lack the means to renovate the building they occupy;measures taken at Union and national level to advance in the green transition to achieve climate neutrality.
Amendment 183 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘vulnerable micro-enterprises’ means micro-enterprises, including SMEs, that are significantly affected by the price impacts of the inclusion of buildings into the scope of Directive 2003/87/EC and lack the means to renovate the building they occupy;measures taken at Union and national level to advance in the green transition to achieve climate neutrality.
Amendment 186 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12 a (new)
Article 2 – paragraph 1 – point 12 a (new)
(12 a) ‘small or medium-sized enterprise’ or ‘SME’ means a small or medium-sized enterprise as defined in Article 2 of the Annex to Commission Recommendation 2003/361/EC;
Amendment 191 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘vulnerable transport users’ means transport users, including from lower and middle-income households, that are significantly affected by the price impacts of the inclusion of road transport into the scope of Directive 2003/87/EC and lack the means to purchase zero- and low- emission vehicles or to switch to alternative sustainable modes of transport, including public transport, particularly in rural and remote areasuffer from or at risk of transport poverty; particular attention should be taken to vulnerable transport users in rural peripheral, remote, outermost, insular, mountainous and sparsely populated regions, as well as those in less developed regions or territories and those suffering from other demographic and accessibility challenges.
Amendment 194 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall submit to the Commission a Social Climate Plan (‘the Plan’) together with the update to the integrated national energy and climate plan referred to in Article 14(2) of Regulation (EU) 2018/1999 in accordance with the procedure and timeline laid down in that Article. The Plan shall contain a coherent set of measures and investments to address the impact of carbon pricingcost of the transition to climate neutrality on vulnerable households, vulnerable micro-enterprises, including SMEs and vulnerable transport users in order to ensure affordable heating, cooling and mobility while accompanying and accelerating necessary measures to meet the climate targets ofgrant access to sustainable and smart mobility and transport services to citizens and regions alongside the Union.
Amendment 197 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Plan may include national m: a) Measures providing temporary direct income support to vulnerable households and households that are vulnerable transport users to address and reduce the impaccost of the increase in the price of fossil fuels resulting from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC. transition to climate neutrality. Member States that have ongoing national or regional programmes in the areas of energy renovation of buildings and zero and low emissions mobility and transport may allocate up to 100% of the fund's allocation to direct income support. b) Finance measures and investments to increase energy efficiency of buildings, to implement energy efficiency improvement measures, to carry out building renovation, and to decarbonise heating and cooling of buildings, including the integration of energy production from renewable energy sources, to carry out electrical, fire and seismic safety inspection and renovation; c) Finance measures and investments to increase the uptake of zero- and low- emission mobility and transport, to promote the use of affordable and accessible public transport and increase the quality and frequency of its services, particularly in rural areas, and to incentivise clean urban transport fleet renewal and the deployment of the corresponding refuelling and recharging infrastructure.
Amendment 202 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 215 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. Local and regional authorities, social partners, civil society organisations, including those representing young people, and other relevant stakeholders shall be consulted on the draft plan in accordance with the national legal framework, before it is submitted to the Commission.
Amendment 226 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) an estimate of the likely effects of that increase in prices on households, and in particular on incidence of energy poverty, on micro-enterprises, including SMEs, and on transport users, comprising in particular an estimate and the identification of vulnerable households, vulnerable micro- enterprises, including SMEs, and vulnerable transport users; these impacts are to be analysed with a sufficient level of regional disaggregation and sex- disaggregated data, taking into account elements such as access to, affordability and availability of frequent and quality public transport and basic services and identifying the areas mostly affected, particularly territories which are remote and rural;in rural, sparsely populated and remote areas, among others.
Amendment 233 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) where the Plan provides for measures referred to in Article 3(2), the criteria for the identification of eligible final recipients, the indication of the envisaged time limit for the measures in question and their justification on the basis of a quantitative estimate and a qualitative explanation of how the measures in the Plan are expected to address the transition to climate neutrality, and reduce energy and transport poverty and the vulnerability of households, micro-enterprises, including SMEs, and transport users to an increase of road transport and heating fuel prices;
Amendment 238 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) envisaged milestones, targets to reduce the number of vulnerable households, vulnerable enterprises, including SMEs, and an indicative timetable for the implementation of the measures and investments to be completed by 31 July 2032;
Amendment 246 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point j
Article 4 – paragraph 1 – point j
(j) for the preparation and, where available, for the implementation of the Plan, a summary of the consultation process provided in Article 3, paragraph 3a (new), conducted in accordance with Article 10 of Regulation (EU) 2018/1999 and with the national legal framework, of local and regional authorities, social partners, civil society organisations, youth organisations and other relevant stakeholders, and how the input of the stakeholders is reflected in the Plan;
Amendment 261 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point e
Article 5 – paragraph 2 – point e
(e) reductions in the number of vulnerable households, especially households in energy poverty, of vulnerable micro-enterprises, including SMEs and of vulnerable transport users, including in rural particular, rural, sparsely populated and remote areas, among others.
Amendment 277 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States may include the costs of measures providing temporary direct income support to vulnerable households and vulnerable households that are transport users to absorb the increase in road transport and heating fuel prices. Such support shall decrease over time and be limited to the direct impact of the emission trading for buildings and road transportof fuel prices and other costs of the transition to smart and sustainable mobility. Such support shall decrease over time. Eligibility for such direct income support shall cease within the time limits identified under Article 4(1) point (d).
Amendment 279 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Member States may include the costs of the following measures and investments in the estimated total costs of the Plans, provided they principally benefit vulnerable households, vulnerable micro- enterprises, including SMEs, or vulnerable transport users and intend to:
Amendment 283 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) support building renovations, prioritising social housing and deprived areas, especially for those occupying worst- performing buildings, including in the form of financial support or fiscal incentives such as deductibility of renovation costs from the rent, independently of the ownership of the buildings concerned;
Amendment 286 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) contribute to the decarbonisation, including the electrification, of heating and cooling ofin buildings, and of cooking in, buildings andappliances, as well as the integration of energy from renewable sources that contribute to the achievements of energy savings;
Amendment 296 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) provide accessfinancial support or incentives to access, including for their purchase, to zero- and low- emission vehicles and bikes, including financial support or fiscal incentives for their purchasecycles, as well as for appropriate public and private infrastructure, including for recharging and refuelling; for support concerning low-zero - emission vehicles, a timetable for gradually reducing the supportincentivising its uptake shall be provided;
Amendment 298 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point e
Article 6 – paragraph 2 – point e
(e) promote the use of affordable and accessible public transport and increase the quality and frequency of its services particularly in rural areas, granting free access to public transport or adapted tariffs for access to public transport, as well as fostering sustainable mobility on demand and shared mobility services paying particular attention to those areas suffering from demographic and accessibility challenges such as depopulated areas, and incentivising clean urban transport fleet renewal and the deployment of the corresponding refuelling and recharging infrastructure;
Amendment 300 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f
Article 6 – paragraph 2 – point f
(f) support public and private entities in developing and providing affordable zero- and low-emission mobility and transport services and the uptake of attractive and safe active mobility options, for rural, insular, mountainous, remote and less accessible areas or for less developed regions or territories, including less developed peri-urban areatermost, peripheral, remote, mountainous, and sparsely populated regions as well less developed regions or territories, including less developed peri-urban areas, and regions and territories suffering from other demographic and accessibility challenges.
Amendment 307 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f a (new)
Article 6 – paragraph 2 – point f a (new)
(f a) support training, upskilling and reskilling of the labour force for jobs in sectors related to the transition towards smart and sustainable mobility and to energy-efficient building renovation.
Amendment 308 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f b (new)
Article 6 – paragraph 2 – point f b (new)
(f b) provide targeted information and awareness-raising support, capacity building and training necessary to implement the measures and investments listed in Article 6 paragraph 2 of this Regulation.
Amendment 313 #
2021/0206(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
Amendment 317 #
2021/0206(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where it is proven by the Member State concerned in its Plan that the public interventions referred to in paragraph 1 do not fully off-set the price increase resulting from the inclusion of the sectors of buildings and road transport into the scope of Directive 2003/87/ECcosts of the transition to climate neutrality, direct income support may be included in the estimated total costs in the limits of the price increase not fully off-set.
Amendment 321 #
2021/0206(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States may include into the estimated total costs financial support provided to public or private entities other than vulnerable households, vulnerable micro-enterprises, including SMEs, and vulnerable transport uses, if those entities carry out measures and investments ultimately benefitting vulnerable households, vulnerable micro- enterprises, including SMEs, and vulnerable transport users.
Amendment 327 #
2021/0206(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The financial envelope for the implementation of the Fund for the period 20253-2027 shall be at least EUR 23 700 000 000 in current prices.
Amendment 335 #
2021/0206(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The financial envelope for the implementation of the Fund for the period 2028-2032 shall be at least EUR 48 500 000 000 in current prices, subject to the availability of the amounts under the annual ceilings of the applicable multiannual financial framework referred to in Article 312 TFEU.
Amendment 346 #
2021/0206(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 348 #
2021/0206(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Technical assistance of Member States 1) At the initiative of the Member State, the Fund may support actions necessary for the effective administration and use of the Fund, as well as to provide financing to carry out, among others, functions such as preparation, training, management, monitoring, evaluation, visibility and communication. 2) The Member State may propose to undertake additional technical assistance actions to reinforce the capacity and efficiency of public authorities and bodies, beneficiaries and relevant partners necessary for the effective administration and use of the Fund. 3) The amount of technical assistance will be established at 10% of the total amount of the Fund.
Amendment 361 #
2021/0206(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall contribute at least to 250 percent of the total estimated costs of their Plans.
Amendment 362 #
2021/0206(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 365 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point i
Article 15 – paragraph 2 – point a – point i
(i) whether the Plan represents a response to the social impact on and challenges of the costs of the transition faced by vulnerable households, vulnerable micro-enterprises, including SMEs, and vulnerable transport users in the Member State concerned from establishing the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/EC, especially households in energy poverty, duly taking into account the challenges identified in the assessments of the Commission of the update of the concerned Member State’s integrated national energy and climate plan and of its progress pursuant to Article 9(3), and Articles 13 and 29 of Regulation (EU) 2018/1999, as well as in the Commission recommendations to Member States issued pursuant to Article 34 of Regulation (EU) 2018/1999 in view of the long-term objective of climate neutrality in the Union by 2050. This shall take into account the specific challenges and the financial allocation of the Member State concerned;
Amendment 378 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b – point i
Article 15 – paragraph 2 – point b – point i
(i) whether the Plan is expected to have a lasting impact on the challenges addressed by that Plan and in particular on vulnerable households, vulnerable micro- enterprises, including SMEs and vulnerable transport users, especially households in energy poverty, in the Member State concerned;
Amendment 379 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b – point iii a (new)
Article 15 – paragraph 2 – point b – point iii a (new)
(iii a) whether the consultation for the preparation of the Plan was conducted in accordance with Article 3, paragraph 3a (new).
Amendment 383 #
2021/0206(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Where a Social Climate Plan, including relevant milestones and targets, is no longer achievable, either in whole or in part, by the Member State concerned because of objective circumstances, in particular because of the actual direct effeccosts of the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/ECtransition to climate neutrality, the Member State concerned may submit to the Commission an amendment of its Plan to include the necessary and duly justified changes. Member States may request technical support for the preparation of such request.
Amendment 387 #
2021/0206(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. By 15 March 2027 each Member State concerned shall assess the appropriateness of its Plans in view of the actual direct effeccosts of the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/087/ECtransition. Those assessments shall be submitted to the Commission as part of the biennial progress reporting pursuant to Article 17 of Regulation (EU) 2018/1999.
Amendment 390 #
2021/0206(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. After the Commission has adopted a decision as referred to in Article 16, it shall in due time conclude an agreement with the Member State concerned constituting an individual legal commitment within the meaning of Regulation (EU, Euratom) 2018/1046 covering the period 20253-2027. That agreement may be concluded at the earliest one year before the year of the start of the auctions under Chapter IVa of Directive 2003/87/EC.
Amendment 403 #
2021/0206(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point f
Article 23 – paragraph 1 – point f
(f) in 2027, an assessment of the Plan referred to in Article 17(5) in view of the actual direct effects of the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/087/ECcosts of the transition;
Amendment 405 #
2021/0206(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. By 1 July 20284, the Commission shall provide the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions with an early evaluation report on the implementation and functioning of the Fund.
Amendment 407 #
2021/0206(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1 a. By 1 July 2026 the Commission shall provide the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions with an evaluation report on the implementation and functioning of the Fund.
Amendment 412 #
2021/0206(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The evaluation report shall, in particular, assess to which extent the objectives of the Fund laid down in Article 1 have been achieved, the efficiency of the use of the resources and the Union added value. It shall consider the continued relevance of all objectives and actions set out in Article 6 in light of the impact on greenhouse gas emissions from the emission trading system for buildings and road transport pursuant to Chapter IVa of Directive 2003/87/EC and from thef the measures taken at Union and national level to advance in the green transition to achieve the climate neutrality objective, as well as the impact of national measures taken to meet the binding annual greenhouse gas emission reductions by Member States pursuant to Regulation (EU) 2018/842 of the European Parliament and of the Council63 . It shall also consider the continued relevance of the financial envelope of the Fund in relation to possible developments concerning the auctioning of allowances under the emission trading system for buildings and road transport pursuant to Chapter IVa of Directive 2003/87/ECcosts of the transition and other relevant considerations. _________________ 63Regulation (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. 26-42).
Amendment 415 #
2021/0206(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 40 #
2021/0205(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Over the past decades, air transport has played a crucial role in the Union's economy and in the everyday lives of Union citizens, as one of the best performing and most dynamic sectors of the Union economy. It has been a strong driver for economic growth, jobs, trade and tourism, as well as for connectivity and mobility for businesses and citizens alike, particularly within the Union aviation internal market. Growth in air transport services has significantly contributed to improving connectivity within the Union and, fostering cohesion and reducing regional disparities within the Union, in particular for peripheral, outermost and insular regions, as well as with third countries, and has been a significant enabler of the Union economy.
Amendment 44 #
2021/0205(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) In line with the Union’s climate commitments under the Paris Agreement, the European Union has established legal obligations through the Regulation (EU) 2021/1119 to achieve climate neutrality by 2050 at the latest and to achieve a reduction of net greenhouse gas emissions by at least 55 % compared to 1990 by 2030. Accordingly, various policy instruments are needed to contribute to the reduction of greenhouse gas emissions in all economic sectors, including the transport sector. Taking into consideration that currently aviation relies exclusively on fossil jet fuel to operate, targeted financing and policy measures at EU and national level are needed to reverse this trend and to ramp up the uptake and supply of sustainable fuels, in order to advance in the decarbonisation of the sector.
Amendment 52 #
2021/0205(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The functioning of the Union air transport sector is determined by its cross- border nature across the Union, and by its global dimension. The aviation internal market is one of the most integrated sectors in the Union, governed by uniform rules on market access and operating conditions. The air transport external policy is governed by rules established at global level at the International Civil Aviation Organisation (ICAO), as well as by comprehensive multilateral or bilateral agreements between the Union or its Member States, and third countries. In consequence, it is important that the Union pushes forward changes at ICAO level regarding fiscal and regulatory frameworks in aviation, including in the uptake of SAF, with the same level of ambition as at EU level in order to ensure a fair international level playing field in the sector.
Amendment 63 #
2021/0205(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In particular, it is essential to ensure a level playing field across the Union air transport market regarding aviation fuel, which account for a substantial share of aircraft operators’ costs. Variations in fuel prices can affect significantly aircraft operators’ economic performance and negatively impact competition on the market. Where differences in aviation fuel prices exist between Union airports or between Union and non-Union airports, this can lead aircraft operators to adapt their refuelling strategies for economic reasons. Fuel tankering increases aircraft’s fuel consumption and results in unnecessary greenhouse gas emissions. Fuel tankering for economic reasons by aircraft operators accordinglycould undermines of the Union’s efforts towards environmental protection. Some aircraft operators are able to use favourable aviation fuel prices at their hoNevertheless, fuel tankering may at times base as a competitive advantage towards other airlines operating similar routes. This can have detrimental effects on the competitiveness of the sector and be harmful to air connectivitye justified for safety and operational reasons. This Regulation should set up measures to prevent suchunjustifiable practices in order to avoid unnecessary environmental damage as well as to restore and preserve the conditions for fair competition on the air transport market.
Amendment 69 #
2021/0205(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Communication on a Sustainable and Smart Mobility Strategy10 adopted by the Commission in December 2020 sets a course of action for the EU transport system to achieve its green and digital transformation and become more resilient. The decarbonisation of the air transport sector is a necessary and challenging process, especially in the short term. Technological advancements, pursued in European and national research and innovation aviation programmes have contributed to important emission reductions in the past decades. However, the global growth of air traffic has outpaced the sector’s emissions reductions. Whereas new technologies, including new zero-emission electric- or hydrogen- powered aircrafts, are expected to help reducing short-haul aviation’s reliance on fossil energy in the next decades, sustainable aviation fuels offer the only solution for significant decarbonisation of all flight ranges, already in the short term. However, this potential is currently largely untapped. _________________ 10 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Sustainable and Smart Mobility Strategy – putting European transport on track for the future (COM/2020/789 final), 9.12.2020.
Amendment 74 #
2021/0205(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) SThis Regulation aims at establishing a common definition of sustainable aviation fuels as fuels from renewable sources. Currently, the most common sustainable aviation fuels are liquid, drop-in fuels, fully fungible with conventional aviation fuel and compatible with existing aircraft engines. Several production pathways of sustainable aviation fuels have been certified at global level for use in civil or military aviation. Sustainable aviation fuels are technologically ready to play an important role in reducing emissions from air transport already in the very short term. TheyOther alternatives to power aircraft, such as electricity or liquid hydrogen from renewable sources are expected to progressively contribute to the decarbonisation of air transport, beginning with short-haul flights. This Regulation should also take into account these energy carriers, promoting their acceleration and incentivising technological innovation. Sustainable aviation fuels are expected to account for a major part of the aviation fuel mix in the medium and long term and they should replace the conventional fossil aviation fuels in the long term. Further, with the support of appropriate international fuel standards, sustainable aviation fuels might contribute to lowering the aromatic content of the final fuel used by an operator, thus helping to reduce other non-CO2 emissions. Other alternatives to power aircraft, such as electricity or liquid hydrogen are expected to progressively contribute to the decarbonisation of air transport, beginning with short-haul flights.
Amendment 80 #
2021/0205(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The gradual introduction of sustainable aviation fuels on the air transport market will represent an additional fuel cost for airlines, as such fuel technologies are currently more expensive to produce than conventional aviation fuel. This is expected to exacerbate the pre-existing issues of level playing field on the air transport market as regards aviation fuel, and to cause further distortions among aircraft operators and airports. This regulation should take measures to prevent that the introduction of sustainable aviation fuels affects negatively the competitiveness of the EU aviation sector and its associated industries (e.g. manufacturing) by defining harmonised requirements across the Union.
Amendment 83 #
2021/0205(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) To create a global market of sustainable aviation fuels, the EU should engage in establishing and implementing a global policy framework at ICAO level. This should prevent distortions of competition in the international aviation market and the loss of traffic flows connecting through the EU airports and should prevent carbon leakage.
Amendment 84 #
2021/0205(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) At global level, sustainable aviation fuels are regulated at ICAO. In particular, ICAO establishes detailed requirements on the sustainability, traceability and accounting of sustainable aviation fuels for use on flights covered by the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). While incentives are set in CORSIA and sustainable aviation fuels are considered an integral pillar of the work on the feasibility of a Long-Term Aspiration Goal for international aviation, there is currently no mandatory scheme on the use of sustainable aviation fuels for international flights. Comprehensive multilateral or bilateral air transport agreements between the EU or its Member States, and third countries generally include provisions on environmental protection. However, for the time being, such provisions do not impose on contracting parties any binding requirements on the use of sustainable aviation fuels. In order to ensure the long- term competitiveness of traffic flows connecting through EU airports, the Union should do its utmost to ensure the adoption of a global scheme on the use of sustainable aviation fuels, while safeguarding the Union's competence regarding this matter.
Amendment 90 #
2021/0205(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, uniform rules need to be laid down for the aviation internal market to complement Directive (EU) 2018/2001 and to deliver on its overall objectives by addressing the specific needs and requirements arising from the EU aviation internal market and promoting sustainable renewable fuels in aviation. In particular, the present Regulation aims to avoid a fragmentation of the aviation market, prevent possible competitive distortions between economic actors, or unfair practices of cost avoidance as regards the refuelling of aircraft operators. Targeted support and financing is required from EU and national levels, as well as incentivising public and private partnerships to accelerate the uptake of sustainable aviation fuels.
Amendment 103 #
2021/0205(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The present Regulation should apply to aircraft engaged in civil aviation, carrying out commercial air transport flights. It should not apply to aircraft such as military aircraft and aircraft engaged in operations for humanitarian, search, rescue, disaster relief or medical purposes, as well as customs, police and fire-fighting operations. Indeed, flights operated in such circumstances are of exceptional nature and as such cannot always be planned in the same way as regular flights. Due to the nature of their operations, they may not always be in a position to fulfil obligations under this Regulation, as it may represent unnecessary burden. In order to cater for a level playing field across the EU aviation single market, this regulation should cover the largest possible share of commercial air traffic operated from airports located on EU territory. At the same time, in order to safeguard air connectivity for the benefits of EU citizens, businesses and regions, it is important to avoid imposing undue burden on air transport operations at small airports. However, air transport operations at airports not covered by this Regulation could be encouraged to comply with the obligations of this Regulation on a voluntary basis. A threshold of yearly passenger air traffic and freight traffic should be defined, below which airports would not be covered by this Regulation; however, the scope of the Regulation should cover at least 95% of total traffic departing from airports in the Union. For the same reasons, a threshold should be defined to exempt aircraft operators accountable for a very low number of departures from airports located on EU territory.
Amendment 107 #
2021/0205(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) It is crucial that less-connected European regions such as insular and outermost regions, for which accessibility and connectivity are essential for socioeconomic and territorial cohesion and which rely on maritime and aviation as the sole means of connection, are not affected by the obligations resulting from this Regulation and that access of these regions to essential goods and services is ensured.
Amendment 108 #
2021/0205(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Development and deployment of sustainable aviation fuels with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promoted. This should support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable aviation fuels for aviation in short and long term to contribute to Union transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, sustainable aviation fuels produced from feedstock listed in Parts A and B of Annex IX of Directive (EU) 2018/2001, as well as synthetic aviation fuels should be eligible. In particular, sustainable aviation fuels produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technology to decarbonise air transport already in the short term, but their potential is limited due to constraints on the availability of feedstock, and their supply chain and collection are not always well tracked. Directive (EU) 2018/2001 limits these feedstocks. Biofuels produced from the feedstocks listed in Annex IX part B to Directive (EU) 2018/2001 that are counted towards the present sustainable aviation fuels (SAF) obligation are subject to the cap established under that Directive for counting such biofuels towards the renewable energy target in transport. This Regulation should reflect the cap set out in Directive (EU)2018/2001.
Amendment 133 #
2021/0205(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The present Regulation should aim to ensure that aircraft operators can compete on the basis of equal opportunities as regards the access to sustainable aviation fuels. To avoid any distortions on the air services market, all Union airports covered by this Regulation should be supplied with uniform minimum shares of sustainable aviation fuels. Whereas the market is free to supply and use larger quantities of sustainable fuel, this Regulation should ensure that the mandatory minimum shares of sustainable aviation fuels are the same across all the covered airports. It supersedes any requirements established directly or indirectly at national or regional level requiring aircraft operators or aviation fuel suppliers to uptake or supply sustainable aviation fuels with different targets than the ones prescribed under this Regulation. In order to create a clear and predictable legal framework and in doing so encourage the market development and deployment of the most sustainable and innovative with growth potential to meet future needs fuel technologies, this Regulation should set out gradually increasing minimum shares of synthetic aviation fuels over time. Setting out a dedicated sub-obligation on synthetic aviation fuels is necessary in view of the significant decarbonisation potential of such fuels, and in view of their current estimated production costs. When produced from renewable electricity and carbon captured directly from the air, synthetic aviation fuels can achieve as high as 100% emissions savings compared to conventional aviation fuel. They also have notable advantages compared to other types of sustainable aviation fuels with regards to resource efficiency (in particular for water needs) of the production process. However, synthetic aviation fuels’ production costs are currently estimated at 3 to 6 times higher than the market price of conventional aviation fuel. Therefore, this Regulation should establish a dedicated sub-obligation for this technology. Other types of synthetic fuels, such as low carbon synthetic fuels achieving high greenhouse gas reductions, and also those derived from Direct Air Capture (DAC) could be considered for inclusion in the scope of this Regulation in the course of future revisions, where such fuels become defined under the Renewable Energy Directive.
Amendment 139 #
2021/0205(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) It is essential to ensure that the minimum shares of sustainable aviation fuels can be successfully supplied to the aviation market without supply shortages. For this purpose, sufficient lead-time should be planned to allow the renewable fuels industry to develop production capacity accordingly. The supply of sustainable aviation fuels should become mandatory starting in 2025. Similarly, in order to provide legal certainty and predictability to the market and drive investments durably towards sustainable aviation fuels production capacity, the terms of this Regulation should be stable over a long period of time. The interim targets of this Regulation could be revised in the future where appropriate on the basis of the evolution of the aviation fuels markets, the EU's climate commitments as well as on the impact on the competitiveness on the EU aviation internal market.
Amendment 149 #
2021/0205(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) With the introduction and ramp-up of sustainable aviation fuels at Union airports, practices of fuel tankering for economic reasons may be exacerbated as a consequence of aviation fuel costs increases. These tankering practices are unstainable and should be avoided as they could undermine the Union’s efforts to reduce environmental impacts from transport. Those would be contrary to the aviation decarbonisation objectives as increased aircraft weight would increase fuel consumption and related emissions on a given flight. Tankering practices alsoankering practices for economic reasons put at risk the level playing field in the Union between aircraft operators, and also between airports. Nevertheless, fuel tankering may at times be justified for safety and operational reasons. This Regulation should therefore require aircraft operators to refuel prior to departure from a given Union airport. The amount of fuel uplifted prior to departures from a given Union airport should be commensurate with the amount of fuel necessary to operate the flights departing from that airport, taking into account the necessary compliance with fuel safety rules and operational reasons. Theis requirement prevents unjustifiable practices and ensures that equal conditions for operations in the Union applying equally to Union and foreign operators, while ensuring high level of environmental protection. As the Regulation does not define a maximum share of sustainable aviation fuels in all aviation fuels, airlines and fuel suppliers may pursue more ambitious environmental policies with higher sustainable aviation fuels uptake and supply in their overall network of operations, while avoiding fuel tankering.
Amendment 157 #
2021/0205(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Airports covered by this Regulation should ensure that all the necessary infrastructure is provided for delivery, storage and refuelling of sustainable aviation fuel, so as not to constitute an obstacle with respect to the uptake of such sustainable aviation fuel. If necessary, the AgencyAirports should also take the necessary measures for the future deployment of alternative fuels infrastructure for hydrogen and electric recharging for aircrafts. If necessary, the European Union Aviation Safety Agency (‘the Agency’), should be able to require a Union airport to provide information on the infrastructure available allowing for seamless distribution and refuelling of aircraft operators with sustainable aviation fuels. The role of the Agency should allow airports and airlines to have a common focal point, in the event where technical clarification is necessary on the availability of fuel infrastructure.
Amendment 166 #
2021/0205(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Aircraft operators should also be required to report yearly on their actual aviation fuel uplift per Union airport, so as to prove that no fuel tankering for economic reasons was performed. Reports should be verified by independent verifiers and transmitted to the Agency for monitoring and assessment of compliance. Verifiers should determine the accuracy of the yearly aviation fuel required reported by the operators using a tool approved by the Commission.
Amendment 168 #
2021/0205(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) This Regulation should promote greater transparency on the environmental footprint of aviation. Information should be provided to users of aviation services on life-cycle emissions of flights including on the use of sustainable alternative fuels, so that they can make informed decisions on their transport needs and the related environmental impacts. To this end, a comprehensive Union labelling system for the environmental performance of aviation should be established that can provide users of aviation services clear and easily understandable information about the environmental performance of aviation. The creation of such a labelling system could draw on existing and ongoing work at Union level.
Amendment 174 #
2021/0205(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
Amendment 186 #
2021/0205(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) To advance the decarbonisation efforts of the Union, the Commission and Member States should ensure that both existing and future comprehensive air transport agreements as well as air services agreements integrate comprehensive and binding provisions on a sustainable aviation fuels' blending mandate. Member States should equally strive to achieve this in their existing and future bilateral air service agreements.
Amendment 190 #
2021/0205(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down harmonised rules on the uptake and supply of sustainable aviation fuels. , including through establishing obligations for aviation fuel suppliers to provide a share of sustainable aviation fuel, a refuelling obligation for aircraft operators, and obligations for Union airports to provide the necessary infrastructure.
Amendment 221 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 5
Article 3 – paragraph 1 – indent 5
— ‘sustainable aviation fuels’ (‘SAF’) means drop-in aviation fuels that are either synthetic aviation fuels, advanced biofuels as defined in Article 2, second paragraph, point 34 of Directive (EU) 2018/2001, or biofuels produced from the feedstock listed in Part B of Annex IX to that Directive, which comply with the sustainability and greenhouse gas emissions criteria laid down in Article 29(2) to (7) of that Directive and are certified in accordance with Article 30 of this Directive;
Amendment 229 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 8
Article 3 – paragraph 1 – indent 8
— ‘synthetic aviation fuels’ means liquid or gaseous fuels that are renewable fuels of non- biological origin, as defined in Article 2, second paragraph, point 36 of Directive (EU) 2018/2001, or electricity from renewable sources used in aviation;
Amendment 259 #
2021/0205(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Aviation fuel suppliers shall ensure that all aviation fuel made available to aircraft operators at each Union airport contains a minimum share of sustainable aviation fuel, including a minimum share of synthetic aviation fuel in accordance with the values and dates of application set out in Annex I. To meet these minimum shares, the biofuels produced from the feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 shall not count more than 1,7% of the total aviation fuel supplied.
Amendment 265 #
2021/0205(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 281 #
2021/0205(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
The yearly quantity of aviation fuel uplifted by a given aircraft operator at a given Union airport shall be at least 90% of the yearly aviation fuel required taking into account the necessary compliance with fuel safety rules, and the specific conditions which could create serious and recurrent operational difficulties in refuelling aircrafts.
Amendment 305 #
2021/0205(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Union airports shall take necessary measures to facilitate the access of aircraft operators to aviation fuels containing shares of sustainable aviation fuels in accordance with Annex I and, shall provide the infrastructure necessary for the delivery, storage and uplifting of such fuels, as well as for hydrogen and electric recharging and refuelling infrastructure for aircrafts, in accordance with [Article 13 of Regulation on the deployment of alternative fuels infrastructure].
Amendment 317 #
2021/0205(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Where aircraft operators report difficulties to the European Union Aviation Safety Agency (‘the Agency’) in accessing aviation fuels containing sustainable aviation fuels at a given Union airport for lack of adequate airport infrastructure, the Agency mshall without undue delay request the Union airport to provide the information necessary to prove compliance with paragraph 1. The Union airport concerned shall provide the information without undue delay.
Amendment 344 #
2021/0205(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) The total amount of sustainable aviation fuel purchased from aviation fuel suppliers, for the purpose of operating their commercial air transport flights departing from Union airports, expressed in tonnes.
Amendment 372 #
2021/0205(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9 a Union labelling system for the environmental performance of aviation 1. In order to incentivise emission reductions and increase the transparency of information, the Commission shall set up a comprehensive Union labelling system for the environmental performance of aviation which shall apply to commercial air transport flights. 2. By 1 January 2024, the Commission shall adopt a delegated act in accordance with Article 13b to supplement this Regulation by setting out the detailed provisions for the functioning of the Union labelling system for the environmental performance of flights as well as the technical standards which constitute its basis.
Amendment 382 #
2021/0205(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
(2 a) Member States shall ensure that any Union airport failing to comply with the obligations laid down in Article 6 is liable to an administrative fine. The Commission is empowered to adopt delegated acts in accordance with Article 13b to determine guidance for the calculation of the amount of the fine.
Amendment 394 #
2021/0205(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
(7) Member States shall have the necessary legal and administrative framework in place at national level to ensure the fulfilment of the obligations and the collection of the administrative fines. Member States shall transfer the amount collected through those administrative fines as contribution to the InvestEU Green Transition Investment Facility, as a top-up to the EU guarantee.
Amendment 398 #
2021/0205(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Allocation of penalties to support sustainable aviation fuels 1. The amount collected through the administrative fines referred to in Article 11 shall be allocated to support common projects aimed at the rapid deployment of sustainable aviation fuels, including the development, testing and deployment of innovative aircraft technologies that have the potential to achieve significant emission reductions, and to support redeployment, re-skilling and up-skilling of workers, in quality social dialogue with social partners. 2. The revenues generated from penalties referred to in paragraph 1 shall be allocated to the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC. These revenues shall constitute external assigned revenue and shall be implemented in accordance with the rules applicable to the Innovation Fund.
Amendment 400 #
2021/0205(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) The amount of sustainable aviation fuel purchased by aircraft operators at Union level in aggregate, for use on commercial air transport flights departing from a Union airport, and by Union airport;
Amendment 402 #
2021/0205(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) The amount of sustainable aviation fuel and of synthetic aviation fuel supplied at Union level in aggregate, by Member State and by Union airport;
Amendment 405 #
2021/0205(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) The state of the market, including price information, and trends in sustainable aviation fuel production and use in the Union, and in each Member State;
Amendment 410 #
2021/0205(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f
Article 12 – paragraph 1 – point f
(f) The origin and the characteristics of all sustainable aviation fuels purchased by aircraft operators for use on commercial air transport flights departing from Union airports.
Amendment 420 #
2021/0205(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Opt-in for airports and aircraft operators An airport situated on Union territory, or an aircraft operator operating from Union airports, which do not fall within the scope of the definitions set out in Article 3 may request to be treated as an Union airport or aircraft operator, respectively, under this Regulation if that airport or that aircraft operator informs accordingly the Commission, the Agency and the competent authorities.
Amendment 421 #
2021/0205(COD)
Proposal for a regulation
Article 13 b (new)
Article 13 b (new)
Article 13 b Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 9a and 11 shall be conferred on the Commission for an indeterminate period of time from [the entry into force of this Regulation]. 3. The delegation of power referred to in Articles 9a and 11 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Articles 9 a and 11 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month at the initiative of the European Parliament or of the Council.
Amendment 426 #
2021/0205(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
By 1 January 20285 and every five years thereafter, the Commission services shall present a report to the European Parliament and the Council, on the application of this Regulation, the evolution of the aviation fuels market and itsthe impact on the competitiveness and the functioning of the aviation internal market of the Union, including regarding the possible extension of the scope of this Regulation to other energy sources, and other types of synthetic fuels defined under the Renewable Energy Directivethe socioeconomic impacts as well as the related employment and training needs, the possible revision of the minimum shares in Article 4 and Annex I, and the level of administrative fines. The report shall include information, where available, on development of a potential policy framework for uptake of sustainable aviation fuels at ICAO level. The report shall also inform on technological advancements in the area of research and innovation in the aviation industry which are relevant to sustainable aviation fuels, including with regards to the reduction of non-CO2 emissions. The report may consider if this Regulation should be amended and, options for amendments, wh and the development of technologies such as electric- or hydrogen-powered appropriate, in lircraft, includineg with a potential policy framework on sustainable aviation fuels uptake at ICAO levelregards to the reduction of non-CO2 emissions.
Amendment 430 #
2021/0205(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
The Commission shall accompany the reports laid down in this Article, where appropriate, with legislative proposals amending this Regulation in particular in relation to: (a) the minimum shares referred to in Article 4 and Annex I. (b) the alignment of this Regulation with a potential policy framework on sustainable aviation fuels uptake at ICAO level in a manner that is consistent with the aim of preserving the environmental integrity and effectiveness of the Union climate action and targets.
Amendment 75 #
2021/0114(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) There should be a financial contribution provided, directly or indirectly, by the public authorities of a third country. The financial contribution may be granted through public or private entities. Whether a public entity provides a financial contribution should be determined on a case-by-case basis with due regard to elements such as the characteristics of the relevant entity and the legal and economic environment prevailing in the country in which the entity operates including the government’s role in the economy. Financial contributions may also be granted through a private entity if its actions can be attributed to the third country. A dominant market position in a third country such as a monopoly could also be considered as a financial contribution.
Amendment 90 #
2021/0114(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) TIn exceptional cases the Commission shcould take into account the positive effects of the foreign subsidy on the development of the relevant subsidised economic activity, where it relates to the fulfilment of public policy objectives. The Commission shcould weigh these positive effects against the negative effects of a foreign subsidy in terms of distortion on the internal market in order to determine, if applicable, the appropriate redressive measure or accept commitments. The balancing may also lead to the conclusion that no redressive measures should be imposed. The Commission should reach any such conclusion in close cooperation with the Member State(s) concerned. Categories of foreign subsidies that are deemed most likely to distort the internal market are less likely to have more positive than negative effects.
Amendment 111 #
2021/0114(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The Commission should be given adequate investigative powers and resources to gather all necessary information. It should therefore have the power to request information from any undertaking or association of undertakings throughout the whole procedure. In addition, the Commission should have the power to impose fines and periodic penalty payments for failure to timely supply the requested information or for supplying incomplete, incorrect or misleading information. The Commission could also address questions to Member States or to third countries. Furthermore, the Commission should have the power to make fact-finding visits at the Union premises of the undertaking, or, subject to agreement by the undertaking and the third country concerned, at the premises of the undertaking in the third country. The Commission should also have the power to take decisions on the basis of facts available if the undertaking in question does not cooperate.
Amendment 130 #
2021/0114(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) When reviewing a concentration, the assessment of whether there is a distortion in the internal market should be limited to the concentration at stake, and only foreign subsidies granted in the three years prior to the concentration or future subsidies which have been approved and will become effective within one year of the concentration, should be considered in the assessment.
Amendment 139 #
2021/0114(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) It should be ensured that the principles governing public procurement, notably proportionality, non- discrimination, equal treatment, and transparency, are respected, and compliance to applicable environmental, social and labour law and standards, as regards all undertakings involved in the public procurement procedure, regardless of investigations initiated and pending pursuant to this Regulation.
Amendment 154 #
2021/0114(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure a level playing field on the internal market also in the long term, with a view to ensuring adequate coverage of cases investigated both through notifications as well as ex officio, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the CommissionCommission should evaluate the functioning and effectiveness of this Regulation at the latest three years after its entry into force, and every two years thereafter, and present that evaluation by means of a report to the European Parliament and the Council. That report should include an assessment of whether or not this Regulation should be amended. Where the report proposes amending the Regulation, it may be accompanied by a legislative proposal, in particular in respect of amending the notification thresholds for concentrations and for public procurement procedures, exempting certain categories of undertakings from the notification obligations under this Regulation, introducing lower notification thresholds specific to certain economic sectors, as well as amending the time limits for the preliminary review and the in-depth investigations of notified concentrations or notified financial contributions in the context of a public procurement procedure. In relation to financial contributions in the context of a public procurement procedure, the power to adopt such actsevaluation should be exercisconducted in a way that takes into account the interests of SMEs. ItDuring its of particular importance that the Commission carries out appropriate consultations during the preparations of those acts, including at expert level, and that those consevaluation, the Commission should consider to abrogate the present Regultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making47 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 47 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission of 13 April 2016 on Better Law-Making (OJ L 123, 12.5.2016, p. 1), if it considers that the development of multilateral rules to address distortive subsidies has rendered this Regulation fully redundant.
Amendment 181 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a – point iii a (new)
Article 2 – paragraph 2 – point a – point iii a (new)
(iii a) (iii a) the benefit of a domestic captive market in the third country, such as a monopoly position
Amendment 202 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) the level and evolution of economic activity of the undertaking concerned on the internal market;
Amendment 213 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
(2 a) To ensure efficiency and transparency, the Commission shall publish guidelines on the application of this Article. Those guidelines shall be regularly updated, in close cooperation with the Member States, while keeping the European Parliament informed.
Amendment 226 #
2021/0114(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
a foreign subsidy from countries which are not signatories to the OECD arrangement on officially supported export credits;
Amendment 228 #
2021/0114(COD)
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
a foreign subsidy in sectors with structural overcapacity;
Amendment 229 #
2021/0114(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) TIn exceptional circumstances the Commission shallmay, where warranted, balance the negative effects of a foreign subsidy in terms of distortion on the internal market with positive effects on the development of the relevant economic activity for the fulfilment of public policy objectives.
Amendment 247 #
2021/0114(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
(2 a) The Commission shall undertake such assessment in close cooperation with Member States and the European Parliament.
Amendment 252 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
(1) TWithout prejudice to Article 5, the Commission shall impose redressive measures in order to remedy the distortion on the internal market actually or potentially caused by a foreign subsidy, the Commission may impose redressive measures. The undertaking concerned may also offer commitments.
Amendment 270 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
(6) Where the undertaking concerned proposes to repay the foreign subsidy including an appropriate interest rate, the Commission shall, in consultation with the Member State(s) concerned could accept such repayment as commitment ifonly where it can ascertain that the repayment is transparent and effectively contributes towards remedying the distortive effect, while taking into account the risk of circumvention.
Amendment 282 #
2021/0114(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The Commission mayshall on its own initiative examine information from any source regarding alleged distortive foreign subsidies, including Member States and undertakings or their professional associations, regarding alleged distortive foreign subsidies. The Commission shall provide information to the Member States once an interested party or a Member State has submitted a request justifying the initiation of an investigation and the Commission has completed its analysis thereof, or where the Commission has itself determined that there is a need to initiate an investigation.
Amendment 293 #
2021/0114(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) inform the undertaking concerned, Member States and the European Parliament; and
Amendment 297 #
2021/0114(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
(3) Where the Commission, after a preliminary assessment, concludes that there are no sufficient grounds to initiate the in-depth investigation, either because there is no foreign subsidy or because there are no indications of an actual or potential distortion on the internal market, it shall close the preliminary review and inform the undertaking concernedand Member States concerned, and the European Parliament.
Amendment 303 #
2021/0114(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
(2) Where the Commission finds that a foreign subsidy distorts the internal market pursuant to Articles 3 to 4 and without prejudice to Article 5, it mayshall impose redressive measures (‘decision with redressive measures’).
Amendment 314 #
2021/0114(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 2
Article 10 – paragraph 1 – point 2
(2) there is a serious risk of substantial and irreparable damage to competition on the internal market.
Amendment 319 #
2021/0114(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
Interim measures shall be limited in time.
Amendment 326 #
2021/0114(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point c
Article 11 – paragraph 3 – point c
(c) contain a statement that, pursuant to Article 14, a lack of cooperation from the undertaking concerned allowrequires the Commission to take a decision on the basis of the facts that are available.
Amendment 333 #
2021/0114(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
(1) The Commission mayshall conduct the necessary inspections of undertakings.
Amendment 350 #
2021/0114(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
(3) Where an undertaking concerned, including a public undertaking which is directly or indirectly controlled by the State, fails to provide the necessary information to determine whether a financial contribution confers a benefit to it, that undertaking maywill be deemed to have received such benefit.
Amendment 353 #
2021/0114(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
(4) When applying facts available, the result of the procedure mayshould be less favourable to the undertaking concerned than if it had cooperated.
Amendment 366 #
2021/0114(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
In a concentration, the assessment whether there is a distortion on the internal market within the meaning of Articles 3 or 4 shall be limited to the concentration at stake. Only foreign subsidies granted in the three calendar years prior to the conclusion of the agreement, the announcement of the public bid, or the acquisition of a controlling interest or known future subsidies that have been approved by the authorities concerned of the third country, and will become effective within one year following the concentration, shall be considered in the assessment.
Amendment 368 #
2021/0114(COD)
Proposal for a regulation
Article 18 – paragraph 3 – point a
Article 18 – paragraph 3 – point a
(a) the acquired undertaking or at least one of the merging undertakings is established in the Union and generates an aggregate turnover in the Union of at least EUR 2500 million; and
Amendment 380 #
2021/0114(COD)
Proposal for a regulation
Article 18 – paragraph 4 – point a
Article 18 – paragraph 4 – point a
(a) the joint venture itself or one of its parent undertakings is established in the Union and generates an aggregate turnover in the Union of at least EUR 2500 million; and
Amendment 389 #
2021/0114(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
(4) If the undertakings concerned fail to meet their obligation to notify, the Commission mayshall review a notifiable concentration in accordance with this Regulation by requesting the notification of that concentration. In that case the Commission shall not be bound by the time limits referred to in Article 23(1) and (4).
Amendment 393 #
2021/0114(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
(5) The Commission may request the prior notification of any concentration which is not a notifiable concentration within the meaning of Article 18 at any time prior to its implementation where the Commission suspects that the undertakings concerned may have benefitted from foreign subsidies in the three years prior to the concentration or an undertaking will benefit from future subsidies that have been approved and will become effective within one year following the concentration. That concentration shall be deemed to be a notifiable concentration for the purposes of this Regulation.
Amendment 407 #
2021/0114(COD)
Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 1 (new)
Article 24 – paragraph 2 – subparagraph 1 (new)
The Commission shall publish notification of the in-depth investigation in the Official Journal of the European Union and invite interested parties, including Member States and third countries, to submit any relevant information in writing within a fixed timeframe.
Amendment 415 #
2021/0114(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
Foreign subsidies that cause or risk causing a distortion in a public procurement procedure shall be understood as foreign subsidies that enable an undertaking to submit a tender that is unduly advantageous in relation to the works, supplies or services concerned. The assessment of whether there is a distortion on the internal market pursuant to Article 3 and whether a tender is unduly advantageous in relation to the works, supplies or services concerned shall be limited to the public procurement procedure at stake. Only foreign subsidies granted during the three years prior to the notification, or known future subsidies that have been approved and will become effective within one year following the submission of the tender or request to participate in the public procurement procedure, shall be taken into account in the assessment.
Amendment 421 #
2021/0114(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
(2) For the purpose of Article 28, a notifiable foreign financial contribution in an EU public procurement procedure shall be deemed to arise where the estimated value of that public procurement is equal or greater than EUR 1250 million for public works or infrastructures, and EUR 50 million for services.
Amendment 433 #
2021/0114(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
(1) When submitting a tender or a request to participate in a public procurement procedure, undertakings shall either notify to the contracting authority or the contracting entity all foreign financial contributions received, including that of parent companies, received or pending in the three years preceding that notification or confirm in a declaration that they did not receive any foreign financial contributions in the last three years. Undertakings which do not submit such information or declaration shall not be awarded the contract.
Amendment 438 #
2021/0114(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
(2) The obligation to notify foreign financial contributions under this paragraph shall extend to economic operators, groups of economic operators referred to in Article 26(2) of Directive 2014/23/EU, Article 19(2) of Directive 2014/24/EU and Article 37(2) of Directive 2014/25/EU, main subcontractors and main suppliers. A subcontractor or supplier shall be deemed to be main where their participation ensures key elements of the contract performance and in any case where the economic share of their contribution exceeds 3020 % of the estimated value of the contract.
Amendment 443 #
2021/0114(COD)
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
(6) Where the Commission suspects that an undertaking may have benefitted from foreign subsidies in the three years prior to the submission of the tender or request to participate in the public procurement procedure, it may request the notification of the foreign financial contributions receivedor where an undertaking may benefit from foreign subsidies in the year following the submission of the tender or request to participate in the public procurement procedure, it may request the notification of the foreign financial contributions received or foreign financial contributions to be received within one year following the submission of the tender or request to participate in the public procurement procedure by that undertaking in any public procurement procedure which are not notifiable under Article 27(2) or fall within the scope of paragraph 5 of this Article, at any time before the award of the contract. Once the Commission has requested the notification of such a financial contribution, it is deemed to be a notifiable foreign financial contribution in a public procurement procedure.
Amendment 463 #
2021/0114(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
(4) The Commission may adopt a decision closing the in-depth investigation no later than 20150 days after it received the notification. In exceptional circumstances, this time limit may be extended after consultation with the concerned contracting authority or contracting entity.
Amendment 472 #
2021/0114(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
Amendment 475 #
2021/0114(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
(4) Where the Commission issues a decision under Article 30(2) regarding the most economically advantageous tender, the contract may be awarded to the undertaking having submitted the next best tender not subject to a decision under Article 30(2).
Amendment 476 #
2021/0114(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
(5) Where the Commission adopts a decision in accordance with Article 30(1) or (3), the contract may be awarded to any undertaking having submitted the most economically advantageous tender, including, as the case may be, the undertaking(s) having submitted the notification under Article 28.
Amendment 477 #
2021/0114(COD)
Proposal for a regulation
Article 31 – paragraph 6
Article 31 – paragraph 6
(6) In all cases, the contracting authority or the contracting entity shall inform the Commission of any decision relating to the outcome of the public procurement procedure, in the month after the procedure is concluded.
Amendment 486 #
2021/0114(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
(2) The Commission mayshall, where relevant, publish a report on the results of its market investigation into particular sectors, particular types of economic activity or particular subsidy instruments and invite comments from interested parties.
Amendment 491 #
2021/0114(COD)
Proposal for a regulation
Article 34 – paragraph 4 a (new)
Article 34 – paragraph 4 a (new)
(4 a) Following a market investigation, the Commission may engage in dialogue with the third country concerned, with the objective to end the distortive effects of a subsidy scheme. This dialogue shall not prevent the Commission from taking further action under the provisions of this Regulation, including the application of interim or redressive measures.
Amendment 494 #
2021/0114(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
(1) The powers of the Commission under Article 9 shall be subject to a limitation period of ten years, starting on the day on which a foreign subsidy is granted to the undertaking concerned. Any action taken by the Commission under Articles 8, 11, 12, 13 or 134 with respect to a foreign subsidy shall interrupt the limitation period. After each interruption, the limitation period shall start to run afresh.
Amendment 497 #
2021/0114(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
(1) The Commission shall publish a summary notice of the decisions adopted pursuant to Article 8(2). and to Article 34 (2).
Amendment 498 #
2021/0114(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
(1) Decisions adopted pursuant to Articles 8, 9, 15, 24(3), 25, 30(1), 32 and 324 (2), shall be addressed to the undertakings or to the association of undertakings concerned. The Commission shall notify the decision to the addressee without delay and shall give the addressee the opportunity to indicate to the Commission which information it considers to be confidential. The Commission shall provide the contracting authority or the contracting entity concerned with a copy of any Commission decision addressed to an undertaking participating in a public procurement procedure.
Amendment 505 #
2021/0114(COD)
Proposal for a regulation
Article 40 – paragraph 7
Article 40 – paragraph 7
(7) An investigation pursuant to this Regulation shall not be carried out and measures shall not be imposed or maintained where such investigation or measures would be contrary to the Union’s obligations emanating from any relevant international agreement it has entered into. In particular, no action shall be taken under this Regulation which would amount to a specific action against a subsidy within the meaning of Article 32.1 of the Agreement on Subsidies and Countervailing Measures and granted in a third country which is a member of the World Trade Organisation. This Regulation shall not prevent the Union from exercising its rights or fulfilling its obligations under international agreements.
Amendment 508 #
2021/0114(COD)
Proposal for a regulation
Article 42 – paragraph 1 a (new)
Article 42 – paragraph 1 a (new)
(1 a) The first such implementing act shall be adopted no later than one year after the entry into force of this Regulation.
Amendment 509 #
2021/0114(COD)
Proposal for a regulation
Article 44
Article 44
Amendment 519 #
2021/0114(COD)
Proposal for a regulation
Article 45
Article 45
Amendment 521 #
2021/0114(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. Within fivthree years after the entry into force of this Regulation at the latest, and every two years thereafter, the Commission shall present a report to the European Parliament and the Council on the applicationview and evaluate the functioning and effectiveness of this Regulation, accompanied, where the Commission considers it appropriate, by relevant legislative proposalsnd present a report to the European Parliament and the Council on its application.
Amendment 525 #
2021/0114(COD)
Proposal for a regulation
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
1a.Where the report recommends amendments to this Regulation and where the Commission considers it appropriate in light of its practice during the application of this Regulation and taking into account the effectiveness of application, the report may be accompanied by relevant legislative proposals, including: a) to amend the thresholds for notifications as set out in Articles 18 and 27; b) to exempt certain categories of undertakings concerned from the obligation to notify pursuant to Articles 19 and 28, especially where the practice of the Commission enables the identification of economic activities where foreign subsidies are unlikely to distort the internal market; c) to establish specific thresholds for notifications for certain economic sectors, especially where the practice of the Commission enables the identification of economic activities where foreign subsidies are more likely to distort the internal market; d) to amend the timelines for review and in-depth investigations as set out in Articles 24 and 29; e) to abrogate the present Regulation, if the Commission considers that multilateral rules to address distortive subsidies have rendered this Regulation fully redundant.
Amendment 23 #
2020/2273(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the importance of systematically including a biodiversity dimension to all sustainableility impact assessments (SIAs) that must follow a more robust methodology than previously, as suggested by available Commission studies, and to consistently factor in biodiversity issues; requests that the Commission secure adequate funding for carrying out such analyses on biodiversity; calls for SIAs to be launched as part of the scoping exercise phase on future free trade agreements and for them to be regularly updated as negotiations develop in order to adequately identify and address possible risks to biodiversity in the region concerned as well as in the EU as early as possible, and to shape relevant bilateral commitments outlined in the negotiations; stresses the importance of systematically conducting regular ex post sustainableility evaluations and impact assessments to ensure consistency with the EU’s international commitments on biodiversity; calls for trade and sustainable development chapters to include time-bound roadmaps that provide verifiable commitments and objectives, which are to be regularly monitored by, evaluated and adjusted by and in accordance with ex post SIAs and for the lowering of (non- )tariff barriers be made conditional thereon; invites the Commission to update existing chapters of FTAs accordingly at the earliest convenience;
Amendment 32 #
2020/2273(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Asks the Commission to use the indicators developed in the search for possible risks to biodiversity to formulate short-, mid- and long-term goals for the protection of biodiversity; requests annual updates from the Commission to the European Parliament on the status of implementation of said goals;
Amendment 33 #
2020/2273(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Asks the Commission to evaluate the existing FTAs as well as texts currently in legal scrubbing with regard to their effect on biodiversity and to present the results and planned adjustments to the European Parliament;
Amendment 51 #
2020/2273(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. In this context, asks the Commission to investigate the necessity of prohibiting trade in certain products in order to protect biodiversity;
Amendment 55 #
2020/2273(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Requests that the Council in its draft mandate of future agreements and, on the occasion of the review of existing agreements, make the Convention on Biological Diversity (CBD), together with the Paris Agreement, an essential element of free trade agreementhe Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) together with the Paris Agreement, an essential element of free trade agreements, since the EU must set a high standard and produce incentives and enforcement mechanisms for Conventions and Multilateral Environmental Agreements (MEA) that do not have direct access to remedies and redress;
Amendment 79 #
2020/2273(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Welcomes the Commission’s intention to present a legislative proposal in Spring 2021 that will prohibit the placing of products whose production processes are associated with deforestation or forest degradation from the EU market; calls on the Commission to adopt a moratorium on imports of wild animals or any other species from reported emerging infectious disease hotspots; asks the Commission to ensure better implementation of the customs provisions at border inspections in order to improve the preventive measures on the inflow of invasive species;
Amendment 25 #
2020/2260(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the European Pillar of Social Rights,
Amendment 31 #
2020/2260(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the EU internal market is the world’s biggest importer and exporter of agri-food products; is convinced that the EU should use this position to set the benchmark in terms of standards for sustainable food systems, based on the respect of human and labour rights, the precautionary principle, environmental protection and animal welfare;
Amendment 32 #
2020/2260(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
- having regard to its resolution on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis adopted on 19 June,
Amendment 47 #
2020/2260(INI)
3. Believes that sustainable production should become a key characteristic of EU agri- food products, expanding the concept of quality to social and environmental aspects, on top of their worldwide reputation for being safe and healthy; stresses, in this regard, that EU quality production and Geographical Indications, combined with an ambitious EU promotion policy, should be considered as an asset with regard to the objective to foster sustainable trade;
Amendment 74 #
2020/2260(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to pursueensure consistency and coherence between the objectives of the Farm to Fork Strategy and the Common Commercial Policy, and to pursue these objectives through the development of Green Alliances in all relevant forums, including the UN Food Systems Summit 2021;
Amendment 79 #
2020/2260(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the need, also highlighted by the COVID-19 pandemic, to develop a EU open strategic autonomy, with the aim of ensuring access to key markets and critical goods, as well as protecting economic assets; reiterates that food security must be acknowledged as a crucial aspect of the open strategic autonomy, in order to secure the functioning of food supply systems during future crisis;
Amendment 84 #
2020/2260(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Highlights the importance of transparency in the food supply-chain and of traceability of all production and distribution processes; notes that innovative digital tools and mandatory origin labelling of food products have the potential to significantly increase transparency and traceability, thus improving consumer confidence;
Amendment 91 #
2020/2260(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises the importance of enforceable Trade and Sustainable Development chapters in trade agreements, which include sanction-based dispute mechanisms, to promote biodiversity, foster more sustainable agri-food production and, stop EU-driven global deforestation; urges and raise labour standards, in line with the eight ILO core Conventions; urges particular support for developing countries to promote food security and provide assistance on alignmenting with European standards for sustainabilityle agri-food systems;
Amendment 120 #
2020/2260(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the risk of putting the EU agri-food sector at a competitive disadvantage in the absence of global convergence of standards, and of leading to increased costs for consumers; calls on the Commission to present a comprehensive and cumulative impact assessment of the targets envisaged in the Strategy, as well as proportionate measures, adequate time- frame for adaptation and compensation mechanisms to maintain the competitiveness of the EU agri-food sector and, in particular by ensureing reciprocity of standards; for all agri-food and forestry products imported into the EU;
Amendment 134 #
2020/2260(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Urges the Commission to strengthen customs checks in order to prevent food frauds, enhance protection of IPRs, notably Geographical Indications, and avoid the possible entry of plant and animal pests into the EU thus ensuring the highest level of sanitary and phytosanitary protection;
Amendment 140 #
2020/2260(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Emphasises the importance of granting access to technological and scientific innovations, including sustainable bio-technologies able to foster the diversity of genetic resources and food production systems, with special attention for local breeds and varieties; stresses that building strong relationships with trading partners in terms of research and development of these innovations could be a key factor in fostering more sustainable agri-food production while safeguarding agricultural productivity;
Amendment 216 #
2020/2260(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Europe’s food system should deliver food and nutrition security in a way that contributes to social well- being and, maintains human and animal health and restores ecosystem health; whereas currently, the food system is responsible for a range of impacts on human and animal health and on the environment, the climate and biodiversity; whereas the way in which we produce and consume food needs to transform in order to ensure coherence with the SDGs, the Paris Agreement, the Convention on Biological Diversity and EU policies, particularly in the areas of sustainability, the environment, climate, public health, animal welfare, working conditions, food and economic sustainability for farmers;
Amendment 323 #
2020/2260(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. considering that the EU is the only agricultural actor worldwide, that has significantly reduced greenhouse gas and nitrate emissions coming from agriculture, as well as the use of antibiotics in livestock; and that the new commitments expected from the sector to adapt to the requirements of the European Green Deal should take into account the achievements of EU agriculture in recent decades;
Amendment 348 #
2020/2260(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the farm-to-fork strategy recognises the substantial efforts made to reduce the use of antimicrobials in animals, further strengthened by the new EU Regulations on Veterinary Medicinal Products and Medicated Feed, thus contributing to the global effort to reduce antibiotic resistance; whereas the EU must ensure that treating animals with antimicrobials remains possible where needed to ensure that the health and welfare of animals is protected at all times;
Amendment 353 #
2020/2260(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas the European Commission’s One Health Action Plan Against Antimicrobial Resistance recognises that immunisation through vaccination is a cost-effective public health intervention with proven economic benefits and a control measure for AMR;
Amendment 355 #
2020/2260(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas the uptake of smart and digital farming technologies to continuously monitor animal health and welfare has the potential to ensure effective disease prevention and the implementation of animal welfare standards;
Amendment 356 #
2020/2260(INI)
Motion for a resolution
Recital C e (new)
Recital C e (new)
Ce. whereas it is necessary to ensure consistency and coherence amongst the measures envisaged by the farm to fork strategy and the CAP and CFP, the Trade Policy, the EU biodiversity strategy , as well as other related EU policies and strategies;
Amendment 378 #
2020/2260(INI)
Motion for a resolution
Recital D
Recital D
D. whereas it is important that consumers are trained, informed and enabled to take responsibility for the consequences of their choice of food stuffs, including the price, on the whole food system, from production to processing and distribution; whereas this requires a healthy and sound food environment which ensures that the healthy and sustainable choice is also the easy and affordable choice, and fosters and encourages consumption patterns, available for all consumers, that support human health while ensuring the sustainable use of natural and human resources and animal welfare;
Amendment 412 #
2020/2260(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the European food system has played a crucial role during the COVID-19 pandemic, demonstrating its resilience with farmers and their cooperatives or producers organisations, workers employed along the food value chain, processors and retailers working together under difficult conditions and sanitary risks, including lockdowns, to ensure that European consumers continue to have access to safe, affordable, and high quality products without impediment;
Amendment 491 #
2020/2260(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the farm to fork strategy as an important step in ensuring a sustainable, fair and resilient food system, which is central to achieving the goals set out in the European Green Deal, the European Pillar of Social Rights and in the SDGs; emphasises the inextricable links between healthy people, decent working conditions, healthy societies and a healthy planet, encourages the Commission to translate the strategy into concrete legislative and non-legislative action as soon as possible, involving not only farmers but all actors in the food chain, including consumers;
Amendment 531 #
2020/2260(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the contribution to climate change mitigation and the viability of the European model of agriculture, as well as the resilient supply of sustainable and safe food, are not mutually exclusive objectives and can be achieved with a balanced and evidence- based approach;
Amendment 543 #
2020/2260(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Welcomes the Commission's proposal to develop a contingency plan for ensuring food supply and food security in order to coordinate a common European response to crises affecting food systems ; insists that a prevention approach is needed to avoid panic movements and overreactions by people, firms or Member States; considers that it will be an adequate response to the growing expectations about food security that are to be addressed at European level; urges the Commission to consider strategic food stock issues in the way that it does for strategic petroleum stocks across European Union;
Amendment 548 #
2020/2260(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Urges the Commission to integrate food aid issues in the farm to fork strategy since 33 millions of Europeans suffer from lack of food, especially single parent families and students, and the social and economic consequences of the pandemic will increase that figure; recognises the unique role of the food aid associations across the European Union that need to be more supported because of the growing number of people who need help; considers that the resilience of our food system need to increase the connections between food policies and agricultural policies at every level from the local to the European level;
Amendment 574 #
2020/2260(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the announcement of an impact-assessed proposal for a legislative framework for sustainable food systems that should be based on transparent data and take into account the latest scientific knowledge; invites the Commission to use this proposal to set out a holistic common food policy in which all actors make their contribution, aimed at reducing the environmental and climate footprint of the EU food system in order to make Europe the first climate- neutral continent by 2050 and strengthen its resilience to ensure food security in the face of climate change and biodiversity loss, leading a global transition towards sustainability from farm to fork, based on the principle of a multifunctional and competitive agricultural sector while ensuring consistency between policdifferent EU policies and strategies by taking into account the existing legislation in order to enable all actors in the European food system to develop long-term plans based on realistic and transparent objectives that respond to rational criteria based on the best scientific knowledge; suggests that the respective base lines and progress achieved in each Member State be taken into account, while promoting the exchange of know-how and best practices between Member States; stresses the need to include the entire food and beverage chains including processing, marketing, distribution and retail;
Amendment 622 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that the Mediterranean Diet, inscribed by UNESCO in 2010 in the List of Intangible Cultural Heritage of Humanity, is known as a healthy and balanced diet with a high nutritional, social and cultural value based on respect for the territory and biodiversity, which guarantees the conservation and development of traditional and artisanal activities related to sustainable fishing and agriculture and plays a protective role in the primary and secondary prevention of the main chronic degenerative diseases;
Amendment 634 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that the Commission should, for the remaining legislative proposals announced in the strategy, rely on scientifically sound ex-ante impact assessments describing the calculation methods for each target and the baselines and reference periods for each of them, taking into account the cumulative effects of the legislative proposals and the need to adapt them to the reality of each Member State;
Amendment 666 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Recalls that the social dimension must be fully integrated in all future initiatives of the farm to fork strategy along with the economic and environmental dimensions to achieve a much-needed policy coherence for sustainable development; insists that improvement of working conditions, in line with the 8 ILO core Convention, collective bargaining, social protection, investment in public services, inclusive governance and fair taxation should be included as sustainability criteria;
Amendment 668 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Recalls that for the FAO, agroecology is a fundamental part of the global response to climate change and for the creation of sustainable food and agricultural systems, the new legislative framework for sustainable food systems, to be proposed until 2023, must be based on the principles and elements defined by the FAO as agroecology in order to trigger a true agroecological transition;
Amendment 689 #
2020/2260(INI)
Motion for a resolution
Subheading 2
Subheading 2
Building the food chain that works for consumers, workers, producers, climate and the environment
Amendment 730 #
2020/2260(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 803 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that the reduction targets for phytosanitary products that will finally be established should be accompanied by sustainable alternatives available on the market with equivalent effectiveness in the protection of plant health, in order to avoid the lack of necessary treatments for crops in the EU and the proliferation of organisms harmful to plants;
Amendment 834 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recalls that simply reducing the volume of phytosanitary products will not automatically reduce the resulting environmental impact; notes that tools and technologies already exist and are under development to reduce their impact on the environment or on human health and asks the European Commission to take them into account when revising the Directive;
Amendment 857 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on the Commission to establish the appropriate regulatory framework to speed up the adoption of new plant health solutions, including plant protection products with a lower impact, such as low-risk substances or biosolutions;
Amendment 866 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Recalls that in order to achieve an effective reduction of plant protection products we need to apply all the tools at our disposal without excluding those offered by sustainable biotechnology, which includes new genomic techniques for which a legislative framework should be established for their implementation in the EU;
Amendment 872 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Emphasises the need to improve policy coordination between agricultural legislation, particularly legislation on plant protection products, biocides and fertilisers, and, inter alia, water legislation, in order to ensure the protection of our water resources, particularly those used for drinking water supply , from overexploitation and agricultural pollution;
Amendment 938 #
2020/2260(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises the importance of recognising the significant impact of agriculture and especially animal production on greenhouse gas (GHG) emissions andefforts made by European agriculture to reduce greenhouse gas (GHG) emissions and the need to make further progress in reducing them and in reducing the impact of agricultural activity on land use; stresses the need to enhance natural carbon sinks and reduce agricultural emissions of carbon dioxide, methane and nitrous oxide, in particular in the feed and livestock sectors; calls for regulatory measures and targets based on scientific knowledge to ensure progressive reductions in all GHG emissions in these sectors;
Amendment 1074 #
2020/2260(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the notion of rewarding carbon sequestration in soils; stresses, however, that intensive and industrial agriculture and farming models with negative impacts on biodiversity should not receive climate funding or be incentivised; calls for the proposals to be in line with the environmental objectives and the ‘do no harm’ principle of the Green Deal; calls on the European Commission together with the Member States to define what kind of production models are considered as intensive and industrial and to provide instruments to bring about change on those farms to become consistent with the principles and objectives defined in the Green Deal;
Amendment 1247 #
2020/2260(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for CAP National Strategic Plans to ensure adequate financial support and incentives to promote new ecological ‘green’ business models for agriculture and artisanal food production, notably through fostering short supply chains and quality food production, such models should support farmers in the transition towards climate neutrality;
Amendment 1281 #
2020/2260(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Welcomes the explicit recognition of a safeguard of the social rights of workers in the food chain; recalls that this has been endorsed by the European Parliament with the introduction of the social conditionality for the CAP basic payment in its position on the national strategic plans Regulation;
Amendment 1287 #
2020/2260(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Underlines that the COVID 19 pandemic presents the EU with the unique opportunity to rethink the European agriculture and food systems with a more sustainable and socially just vision;
Amendment 1298 #
2020/2260(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that the European food system delivers a sufficient and varied supply of safe, nutritious, affordable and sustainable food to people at all times and underlines that increasing the economic, environmental and social sustainability of food producers will ultimately increase their resilience; encourages the Commission and Member States to consider the food supply chain and its workers as a strategic asset for the safety and well-being of all Europeans; and to ensure that working and social protection conditions throughout the EU food supply chain meet national, EU and international standards for all workers;
Amendment 1398 #
2020/2260(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses its deep concern about the emergence of zoonotic diseases that are transferred from animals to humans (anthropozoonoses), such as Q fever, avian influenza and the new strain of influenza A (H1N1), which is exacerbated by anthropogenic climate change, the destruction; calls for a better management of the veterinary prevention and promotion of high standards of animal health and animal welfare also with trading partners in order to prevent spread of zoonotic diseases and to promote the high levels of bBiodiversity, environmental degradation and our current food production systemssecurity developed in EU as the best practice at global level;
Amendment 1457 #
2020/2260(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Urges the Commission to propose mechanisms that support cooperation between the various links in the chain, for example, by prioritizing stable market- oriented trade relations; considers that collaboration between the different segments of the food chain will be essential in the future, as it has been during the worst months of the covid-19 crisis;
Amendment 1513 #
2020/2260(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to bring forward proposals for better cooperation between farmers, already allowed under competition rules, and to support investment in improving production and marketing structures to make them more robust, stable, secure and profitable for farmers as means of helping strengthen their position in the chain;
Amendment 1519 #
2020/2260(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Recognises that retailers and wholesalers can help move sustainable products away from market niches and into mainstream markets; highlights their growing commitment to create transparency, promote healthy diets through consumer information, reformulation, promotion of organic products and treatment of food waste, which they offer in response to the already strong demand from its customers;
Amendment 1521 #
2020/2260(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Calls for the recognition of the food distribution system, based on the proximity of retail outlets to consumers, both in urban and rural areas, as essential to ensure access to food to all European citizens, avoiding the so-called food deserts that occur in the USA;
Amendment 1650 #
2020/2260(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for measures toat European level to encourage product reformulation of products not covered by EU quality schemes and reduce the burden that highly processed foods with high salt, sugar and fat content place on public health; regrets that the introduction of nutrient profiles is greatly delayed and stresses that a robust set of nutrient profiles must be developed to restrict or prohibit the use of false nutritional claims on foods high in fats, sugars and/or salt; calls for a mandatory EU-wide front-of-pack nutrition labelling system based on independent science and urges Member States to support the implementation of the upcoming EU system and refrain from unilateral actions that could hinder the harmonization work of the European Commission;
Amendment 1703 #
2020/2260(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the European Commission to consider digital consumer information as a key element in making information on healthy and sustainable diets available to consumers in the EU;
Amendment 1710 #
2020/2260(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls on the Commission to strengthen the EU single market and provide clarity and simplicity for all players in the food sector, offering a more harmonised and science-based approach, which is currently lacking, in areas such as front-of-pack labelling, origin labelling, waste management, food donations, to name but a few, so that Europe can uphold sustainability standards in the food chain at the international level;
Amendment 1719 #
2020/2260(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Recalls the growing importance attached by producers and consumers to origin labelling; insists that such labelling should be established at EU level, should not undermine the smooth functioning of the internal market, be fully verifiable and traceable, and should be compatible with the EU's international obligations;
Amendment 1773 #
2020/2260(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the fact that the strategy rightly recognises the role and influence of the food environment in shaping consumption patterns and the need to make it easier for consumers to choose healthy and sustainable diets; reiterates the importance of promoting sustainable diets by raising consumer awareness of the impacts of consumption patterns and providing information on diets that are better for human health and have a lower environmental footprint and alerting consumer on the proliferation of ultra- processed products that are presented as healthy copies; underlines that food prices must send the right signal to consumers; welcomes, therefore, the strategy’s objective that the healthy and sustainable choice should become the most affordable one;
Amendment 1894 #
2020/2260(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Highlights the recognition in the strategy that Europeans’ diets are not always in line with recommendations for healthy eating, and that a population-wide shift in dietary consumption patterns is needed towards more healthy and plant-based foods and less red and processed meat, sugars, salt, and fats, which will also benefit the environment; acknowledges that the healthy choice may not always be the most sustainable and affordable choice and vice-versa; emphasises that EU-wide guidelines for sustainable and healthy diets wshould bring clarity to consumers on what constitutes a healthy and sustainable diet and inform Member States’ own efforts to integrate sustainability elements in national dietary advicee science-based and take into account the cultural and regional diversity of European foods and diets, as well as consumer needs and preferences ; calls on the Commission to develop such guidelines and specific actions to effectively promote healthy plant-based diets;
Amendment 1944 #
2020/2260(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that the further development of plant protein production and alternative sources of proteincomplementary sources of nutrition for human food and animal feed such as insects or algae, in the EU is a way of effectively addressing many of the environmental and climate challenges that EU agriculture is facing, as well as preventing deforestation in countries outside the EU;
Amendment 2035 #
2020/2260(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Reiterates its call to take the measures required to achieve a Union food waste reduction target of 30 % by 2025 and 50 % by 2030 compared to the 2014 baseline; underlines that binding targets and common criteria for measuring food waste in the different links of the food chain are needed to achieve this;
Amendment 2068 #
2020/2260(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the proposed revision of EU rules on date marking; stresses that any change to date marking rules should be science based and should improve the use of date marking by actors in the food chain, including Horeca, and its understanding by consumers, in particular ‘best before’ labelling, while at the same time not undermining food safety or quality;
Amendment 2079 #
2020/2260(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Expresses its concern on the dynamics resulting from the process of concentration and the increasing dominant power of financial investors in the food supply chain, which lead to lower food quality and worsening of working conditions;
Amendment 2119 #
2020/2260(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines the importance EU funding for research and innovation as a key driver in accelerating the transition to a more sustainable, healthy and inclusive European food system while facilitating investments needed to encourage agro- ecological practices in both social and technological innovation, and the crucial role of farm advisory services in ensuring the transfer of knowledge to the farming community, drawing on the existing specialised training systems for farmers in Member States; stresses the strategic importance of collective approaches through producer organisations and cooperatives to bring farmers together in achieving their goals;
Amendment 2147 #
2020/2260(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Notes that in order to achieve the goals set out in this strategy, we must take advantage of scientific and technological progress, highlighting recent advances in both the versatility, safety and sustainability of new technologies for genetic improvement, promoting a legislative process in the EU that provides the necessary certainty for the development of this innovative sector, at the service of a more sustainable and healthy European food system;
Amendment 2176 #
2020/2260(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Recalls that the transition to this system will require significant investments and it cannot be accomplished without the complicity and support of European farmers;
Amendment 2179 #
2020/2260(INI)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25c. Considers the allocated budget to achieve the ambitions of the EU Green Deal and the Just transition mechanism to be insufficient to deal in a socially sustainable manner with the consequences of the expected transformation; calls for the Just transition mechanism to cover as well agricultural regions that may be adversely affected and underlines the need to ensure the proper involvement of social partners in the definition and implementation of future initiatives of the strategy;
Amendment 2262 #
2020/2260(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Welcomes the explicit reference to the risk of asymmetries between the new requirements for European producers and those for imported products and calls once again on the European Commission to demand effective reciprocity in the negotiation of agreements with third countries;
Amendment 2278 #
2020/2260(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Calls on the Commission and Member States to strengthen control mechanisms both at origin and at the border in trade with third countries to safeguard the animal and plant health of European agriculture and prevent the entry of pests and diseases from outside the EU;
Amendment 2 #
2020/2202(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas in 2021 EU imports of goods from the United Kingdom are estimated at EUR 146 billion, which is a marked decline both compared to 2020 (- 13.6%) and to 2019 (-24.8%); whereas in the same year EU exports of goods to the United Kingdom are estimated at EUR 283 billion, up by 1.9% compared to 2020 but still 11.4% below the level registered in 2019;
Amendment 3 #
2020/2202(INI)
A b. whereas EU imports and exports of goods with the rest of its partners sharply rose in 2021 compared to 2020 and above the 2019 pre-pandemic levels, while trade with the United Kingdom is still far from its pre-pandemic level;
Amendment 16 #
2020/2202(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the UK’s withdrawal from the EU has resulted in trade and supply chain disruptions and rising costs for traders in various sectors, investors and industry due to transportation shortages, shipping delays and customs border commotion, difficulties in complying with changing import rules and customs border commotion as a consequence of dual regulatory systems and additional formalities; notes that this has resulted in an overall decline in the UK’s trade in goods and services with the EU, in stark contrast to trade between Northern Ireland and the Republic of Ireland which has increased significantly since the Protocol began operating in January 2021;
Amendment 28 #
2020/2202(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines that the rigorous, timely and full implementation of the Withdrawal Agreement and of the Trade and Cooperation Agreement, which are based on international law, is and will always remain a key priority for the Union;
Amendment 35 #
2020/2202(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Urges the Commission to continue monitoring the United Kingdom’s regulatory system in the areas covered by the TCA, in order to ensure that it does not conflict with the TCA provisions and that Union workers and businesses are not put at a competitive disadvantage;
Amendment 42 #
2020/2202(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to keep the European Parliament fully informed in a timely manner of all difficulties that may arise, in particular possible breaches of the Agreements, putting at risk a level playing field and fair competition for Union's workers and businesses.
Amendment 43 #
2020/2202(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Welcomes the Commission proposal to lay down rules and procedures governing the exercise of Union's rights under the Withdrawal Agreement and the Trade and Cooperation Agreement.
Amendment 4 #
2020/2131(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that small and medium- sized enterprises (SMEs) are the backbone of the EU economy; underlines that the proper functioning of the internal market and the creation of a capital market union remains an absolute priority for SMEs; highlights that due regard should be given to the innovation cycle and market deployment of newly available technologies; stresses that the wellbeing of EU single market depends on the ability of EU SMEs to adapt to the impending revolution in information technologies; recognizes the role of micro enterprises and startups in the process of deployment of new and disruptive technologies of tomorrow. Therefore, sufficient support must be given to them; recognizes the importance of maintaining strong and predictable intellectual property rights framework;
Amendment 26 #
2020/2131(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Encourages the Commission to fully support SMEs in overcoming all barriers that prevent their access to third- country markets; calls on the Commission to reduce administrative and regulatory burden for SMEs and facilitate surpassing of red tape; calls on the Commission to support SMEs focusing on green technologies and innovations that are already exporting goods and services to third countries and thereby, foster conditions for level playing field; requests the inclusion of an SME chapter in every trade agreement; underlines the need for the effective enforcement of trade agreements as a priority task of the Chief Trade Enforcement Officer; clear and strong efforts should be made in order to re-start International cooperation and revive a functioning multilateral dispute settlement system.
Amendment 36 #
2020/2131(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to be more active in its support of national and regional export agencies in order to allow SMEs to overcome the information gap and take better advantage of trade agreements; opines, in this respect, that the Commission could set up an SME internationalisation platform to monitor progress; notes that this platform could include circular economy proofing, whereby Commission could clearly indicate whether imported products into the EU satisfy EUs recyclability standards;
Amendment 42 #
2020/2131(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to take greater account of the role of SMEs when it comes to negotiating public procurement chapters in trade agreements; welcomes the announcement from the Commission that it will launch a new information portal on customs procedures and formalities; calls on the Commission to deliver on its objective of launching a self-assessment tool for rules of origin to help SMEs assess whether a product benefits from preferences under a given trade agreement; reiterates the importance of clear rules on cross border data flows in achieving EUs digital strategy objectives; reiterates that SMEs will play a pivotal role in scaling up data driven technologies and businesses; underlines the need to promote interoperability and access to data internationally in order optimize various processes in international trade;
Amendment 48 #
2020/2131(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that access to financing is essential for SMEs; asks the European Investment Bank to pay particular attention to SMEs when defining its policies; draws particular attention to SMEs, which need funding and technical assistance to comply with the Green Deal and digitalisation objectives in order to remain competitive; recalls that this also includes making progress on investment facilitation agreement, e-commerce directive and continued work on multilateral services agreement;
Amendment 52 #
2020/2131(INI)
6. Calls on the Commission to strengthen the EU’s safeguard and trade defence instruments in order to better protect European industry, in particular when it affects sectors with a majority of SMEs.; recognizes that the world is facing unprecedented and unforeseeable challenges, which is why a smart re- shoring and an EU wide strategy for protection of EU strategic sectors should be part of the EU SME strategy in order to improve the self-sufficiency of the European Union. Including, ensuring level playing field via the imposition of carbon border adjustment mechanism. Underlines that improving the resilience of various strategic supply chains and reducing reliance of EU industry on third countries should be a key element in the new SME strategy;
Amendment 58 #
2020/2131(INI)
Draft opinion
Paragraph 6 – subparagraph 1 (new)
Paragraph 6 – subparagraph 1 (new)
Stresses that the EU is experiencing an economic and social shock resulting in rapidly rising unemployment rates as well as sinking of the EU GDP in the second quarter of2020 by 12.1%; reminds that different regions in the EU are more adversely impacted than others; stresses the need for strong social safeguards and social inclusion in the SME strategy in order to balance this stark reality; recalls that this crisis is also an unprecedented opportunity to shift our priorities towards a more social and sustainable modus operandi; underlines that eliminating tax competition within the EU would significantly contribute towards social stability in the EU and could also contribute towards upskilling and reskilling of workers;
Amendment 59 #
2020/2131(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the Commission to continue its efforts to support MSMEs, with specific focus on, and measures for women-led MSMEs; calls on the EU and its Member States to pay particular attention to the special circumstances of women-led MSMEs when establishing export help-desks, to take advantage of the possibilities created by FTAs and to strengthen services, technologies and infrastructures (such as access to internet) that are of particular importance to the economic empowerment of women and women-led MSMEs; calls on the Commission to help set up partnerships between female entrepreneurs in the EU and their counterparts in developing countries.
Amendment 50 #
2020/2117(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that the post-COVID-19 recovery is a unique opportunity to set the agenda for sustainable growth; calls on the Commission, therefore, to presentspeed up its review of the 15-point action plan on TSD chapters without delayso it can be implemented in all ongoing negotiations without exception; expects the review to address the enforceability of TSD commitments as a matter of urgency, as it is not currently included; recalls, in this regard, the non- paper from the Netherlands and France on trade, social economic effects and sustainable development11 ; suggests that, as a minimum, recent advances in enforceability should be applied to EU trade policy, namely the ability to tackle any non-compliance by partners through unilateral sanctions, including the introduction of tariffs or quotas on certain products or the cross- suspension of other parts of an agreement; __________________ 11 Non-paper from the Netherlands and France on trade, social economic effects and sustainable development, accessed at ‘the Netherlands at International Organisations (permanentrepresentations.nl)’.
Amendment 66 #
2020/2117(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that high up-front costs, which will only repay themselves over time, and a lack of know-how and equipment are currently preventing developing countries from ‘going green’; demands that the Commission use all trade instruments and development cooperation policies at its disposal to increase financial support, technical assistance, technology transfers and digital penetration in order to empower developing countries and enable them to achieve sustainable resilience and to better implement due diligence across the supply chain;
Amendment 89 #
2020/2117(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises that transparency and dialogue are key to creating support for trade policy; insists that the role and responsibilities of civil society and domestic advisory groups must be clearly defined in the EU’s internationalpolitical and trade agreements, and that financial assistance must be accompanied by capacity-building measures to enable it to function effectively;
Amendment 106 #
2020/2117(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for the EU to ensure trade works also for the economically disadvantaged; in this regard recalls that the specific actions to promote ‘fair and ethical trade schemes’ to which the Commission committed in the ‘Trade for All’ strategy have become even more relevant under the current circumstances given that Fair Trade bottom-up initiatives can ensure that trade benefits the economically disadvantaged actors in the supply chain; calls on the Commission to promote Fair Trade initiatives through EU programs involving young people and the private sector, in external action in general, in the implementation of chapters on trade and sustainable development, through EU delegations as well as by rewarding best practices and facilitating knowledge exchange amongst EU local, regional, national authorities, civil society, schools and universities, including through the extension of the ‘EU cities for fair and ethical trade award’ to schools and universities and the setting up of an annual Fair Trade week hosted in Brussels by the European Commission; demands the European Commission to report on the support of Fair Trade initiatives by the EU and the member states;
Amendment 139 #
2020/2117(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is convinced that the EU is too dependent on a limited number of suppliers for critical goods and services, especially for medical and pharmaceutical goods; insists that the EU should overcome these undesirable dependencies via a mix of policies to incentivise companies to stockpile, diversify sourcing strategies and promote nearshoring, - which could create new trading opportunities for partners in the Eastern and Southern Neighbourhoods - and reshoring where necessary;
Amendment 171 #
2020/2117(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Welcomes the proposal by several government leaders for an international treaty on the pandemic response and calls for this to include a strong trade pillar; underlines that the international trade framework must foster cooperation and put into place both structural and rapid response mechanisms to help governments overcome the challenges associated with health emergencies; maintains that progress needs to be made in the areas of transparency on available stocks, global supply networks, production capacities and product pricing of essential health products, the implementation and development of exemptions for public health security in the intellectual property rights framework, increasing the global mobility of essential services, protecting and fostering the resilience of SMEs, and developing an intersectional approach to tackle the negative impact of health crises on gender equality, income equality, and the position of minorities;
Amendment 172 #
2020/2117(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls to establish a new Committee on Trade and Health on the 12th WTO Ministerial Conference in order to prepare guidelines on how governments can implement existing exemptions and flexibilities in international trade law to increase public health security, which mechanisms must be put in place to improve the global response to health emergencies and to lay the groundwork for a trade pillar for the negotiations on a future international treaty on the pandemic response;
Amendment 174 #
2020/2117(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises, in this connection, the detrimental effects of unilateral measures such as export restrictions and prohibitions and the lack of transparency on global stocks and the subsequent price speculation on scarce essential goods, not least for low and middle-income countries; calls, therefore, for the adoption of the WTO trade and health initiative by the end of 2021 and for greatera new regulation to be drawn up that is much more demanding on transparency on the supply and, production and cost of essential medical products and services;
Amendment 176 #
2020/2117(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls for a review of the European Directive on Intellectual Property Rights to ensure that patents do not hinder access to vaccines for COVID-19, to demand the necessary transparency from the industry and a cost-benefit analysis per product that allows for a fair and reasonable patent term and the necessary flexibility in exceptional situations for public health reasons;
Amendment 177 #
2020/2117(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Calls on the European Commission to make efficient use of its power of centralized public purchasing of vaccines to demand the necessary transparency and contract compliance from suppliers;
Amendment 182 #
2020/2117(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is concerned about the recent rise in export restrictions on vaccines by the main manufacturing countries such as the US, the UK, China and India and by, to a lesser extent, the EU, and emphasises that this endangers the rapid global scaling up of vaccine production capacity; urges the Commission to engage with producing countries to swiftly eliminate export barriers and to replace the export authorisation mechanism with an export and import notification requirement; insists on having timely and comprehensive access to such data;
Amendment 189 #
2020/2117(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines that the vaccines against COVID-19 and its variants are a global public good and that multilateral efforts should be focused on the equitable distribution of vaccines across the world, ramping up global production capacities and technology transfers, including in low and middle- income countries; strongly welcomes, in this regard, the Global C19 Vaccine Supply Chain and Manufacturing Summit held on 8 and 9 March 2021 and calls for the establishment of structural platforms to rapidly scale up vaccine production in more countries; calls for more international efforts to speed up the delivery of vaccines to COVAX;
Amendment 198 #
2020/2117(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Emphasises that international trade policy must play a proactive role in this endeavour by facilitating trade in raw materials, alleviating shortages of qualified and experienced personnel, solving supply chain problems and revisiting the global framework for intellectual property rights for future pandemics; insists, in this regard, on a constructive dialogue about a temporary waiver of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in order to ensure that countries do not face retaliation over COVID-19 related patent infringements during the pandemic; calls on the Commission to re-evaluate the TRIPS+ commitments in EU trade agreements in light of lessons learned, and to improve the work on increasing the effectiveness of IPR flexibilities such as, but not limited to, compulsory licensing in the context of bilateral negotiations and dialogue;
Amendment 203 #
2020/2117(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Emphasises that international trade policy must play a proactive role in this endeavour by facilitating trade in raw materials, health and medical essential products alleviating shortages of qualified and experienced personnel, solving supply chain problems and revisiting the global framework for intellectual property rights for future pandemics; insists, in this regard, on a constructive dialogue about a temporary waiver of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in order to ensure thato countries do not face retaliation over COVID-19 related patent infringements during the pandemicbute to increasing the industrial capacity for vaccine protection;
Amendment 222 #
2020/2117(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the TPRrade Policy Review’s affirmation of multilateralism and the extensive proposals made for the necessary in-depth WTO reform of the WTO; shares; shares the emphasis placed by the Commission’s emphasis on sustainable development in its vision for WTO reform and urges the Commission to bring to beardeploy all efforts to implement a sustainable development agenda, including goals on gender, human rights and labour standards; stresses the importance of taking forward the WTO initiative on trade and climate and to assure the swift connection of the WTO and other organizations of the multilateral system as the WHO;
Amendment 232 #
2020/2117(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Emphasises that reviving the WTO negotiating function will play a key role in any substantial reform of the organisation; highlights, in particular, the need to address competitive distortions caused by industrial subsidies and state-owned enterprises; calls for the Commission to actively pursue a solution to the mismatch between the level of development and the number of commitments undertaken within the international trading system; is convinced that EU leadership is crucial for any meaningful WTO reform to succeed; considers essential that the next WTO ministerial conference address the debate on intellectual property rights, the role of international trade in protecting the world from health threats, and also address the sanctions regime to prevent that the consequences of breaching international trade rules by some members, are paid by sectors not responsible for non- compliance;
Amendment 245 #
2020/2117(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Supports thea new, forward-looking wide transatlantic agenda based on common interests and shared values; urges the Commission and the, giving impulse and priority to the development of the EU relations with all the Americas, based on common interests and shared values, aiming to counterbalance the development of the economic and trade cooperation in the Pacific, to achieve meaningful WTO reform and to find common solutions to common problems; in the new political context invites the new US administration to closely cooperate closely in orderwith the EU institutions to secure a level playing field and to agree on ambitious social, labour and environmental standards and build on each other’s experience to enforce these more efficiently enforce them; calls for joint efforts to overcomeget out of the pandemic, speed up the economic recovery and facilitate trade in vaccines and essential medical goods; reiterates that we should work together to achieve meaningful WTO reform and find common solutions to common problems;
Amendment 254 #
2020/2117(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Is aware of the importance of the EU’s multifaceted trade relationship with China; firmly believes that EU-China trade relations require a more balanced and reciprocal approach; stresses that the process of ratification process of the EU-China Comprehensive Agreement on Investment (CAI) can only begin once the EU has the requisitestart when the EU has its necessary autonomous measures in place, including a ban onf products made using forced labour, an upgraded trade defence toolbox and a working sanctions mechanism on human rights; underlines that the ratification process of the EU- China Comprehensive Agreement on Investment will not start until the Chinese sanctions against MEPs are lifted; demands that the Commission to move forward with the Investment Agreement with Taiwan;
Amendment 264 #
2020/2117(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the TPRrade Policy Review’s engagement towards Africa and the Eastern and Southern Nneighbourhoods and looks forward to concrete steps tofor deepening the EU’s relations with these partners; reiterates the importance of a strategic and sustainable partnership with Southe-East Asia, and India and Latin America; calls on all the EU institutions to maintain as a priority in a higher rank of our trade and development cooperation, the generation of greater resilience in front of pandemics and health emergencies;
Amendment 274 #
2020/2117(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Stresses that the EU needs to actively support the diversification of inner-African value chains;
Amendment 1 #
2020/2114(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that the rules-basedfair, inclusive, rules-based and non-discriminatory multilateral trading system has been a key driver of global trade liberalisation, which has powered economic growth, job creation, improvement of living standards, income growth and the promotion of sustainable economic development, therefore strengthening prosperity, peace and security; recalls the importance of incorporating a gender perspective into the promotion of inclusive economic growth and to promote women’s empowerment that is key to the eradication of poverty; underlines importance of the Sustainable Development Goals (SDGs) and the Paris Agreement objectives as well as social, environmental and human rights; notes furthermore its role in fostering a predictable trade environment through the development of more transparent and fair trade rules and regulations; believes, however, that there is a need and motivation to rebuild trust in multilateral institutions in the face of global challenges and shifting world power dynamics;
Amendment 14 #
2020/2114(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets the growing tendencies towards protectionism and trade weaponisation that have developed in parts of the global economy; welcomes the strengthening of the EU’s trade enforcement efforts and the development of a toolbox of autonomous trade instruments to respond to these emerging challenges; notes the aim at a reformed and well-functioning multilateral rulebook with an effective functioning dispute settlement system at its core in the World Trade Organization (WTO); stresses the need, however, to remain fully engaged in efforts to reinvigorate the World Trade Organization (WTO) with a view to increasing its effectiveness, inclusiveness, transparency and legitimacy as the cornerstone of a liberalised global economy and to deal with the challenges posed by non-market economies; recalls the need for all WTO members to commit to modernize and equip the WTO with tools to address the trade challenges of the twenty-first century, including digital revolution, green, fair and sustainable transition, and to carry the reform agenda forward aiming at agreeing on a concrete work plan by the next MC12;
Amendment 24 #
2020/2114(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the need to work closely with like-minded partners, and to engage with all members of the WTO that are committed to a positio bring forward a positive agenda for reform; points out that a successful reform will require engaging with all parties involved agenda for reformnd taking into account their valid concerns when agreeing on a compromise solution; recognises that historically it has been EU- US cooperation that has been the main driving force for progress within multilateral trade negotiations, and therefore welcomes the positive statements on WTO reform made by the current US administration, which shand encourages the US to follow through on this with concrete proposals which could provide a basis for renewed engagement on actionable outcomes; supports a forward- looking transatlantic agenda based on common interests and shared values, aiming to achieve meaningful WTO reform, including of dispute settlement;its monitoring, negotiating and dispute settlement functions; regrets the stalemate at the WTO Appellate Body, which is depriving the global trading system of an enforceable dispute settlement system; urges all WTO members to engage on solutions to restore a fully functioning and independent Appellate Body.
Amendment 33 #
2020/2114(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the WTO’s close collaboration the World Health Organisation and other international organizations ensuring that trade plays a positive role in addressing the pandemics and subsequent crisis and in supporting the recovery of the global economy; urges the conclusion of an ambitious initiative in the area of trade and health, eliminating trade and regulatory restrictions that affect the distribution of and boosting the capacity to produce active ingredients, medicines, vaccines, treatments and equipment, and on transparency and global cooperation in times of crisis including temporary TRIPS waiver, in order to maintain the resilience of supply chains in the current context but for future crises as well; welcomes the purpose to strengthen pandemic prevention, preparedness and response capacity of the WTO;
Amendment 38 #
2020/2114(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that democratic, legitimate, accountable and transparent global governance should feature greater participation of parliamentary bodies, as directly elected parliamentarians can function as a crucial link between citizens and the multilateral system; emphasises the importance of the work of the joint European Parliament and Inter- Parliamentary Union parliamentary conference on the WTO; underlines the need to ensure that parliamentarians have better access to trade negotiations and are involved in the formulation and implementation of WTO decisions; reiterates the need for all WTO members to enhance the exchange with stakeholders including civil society and business organisations and community and calls on improved cooperation with other international organisations such as the ILO, the UN system, the OECD and the IMF.
Amendment 9 #
2020/2076(INI)
1. Takes note of the Commission’s initiatives to support European SMEs’ access to international markets; stresses, however, that SMEs have to deal with too many regulations and burdens and excessive bureaucracy; stresses that SMEs are kept at a competitive disadvantage bywhich might cause extra red tape or administrative burdens; stresses that support is needed for those SMEs which investing in climate neutrality to comply with the Green Deal while tryingand might face difficulties in short term to remain competitive and thrive on export markets;
Amendment 15 #
2020/2076(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Commission to adopt a strong holistic approach in its work on the new industrial strategy; emphasizes that social rights, digitalisation, transport, trade and environmental policies are interlinked within the European industry;
Amendment 17 #
2020/2076(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Expresses concerns that, since the covid-19 outbreak, which has imposed closing of a large number of factories, many industrial sectors have suffered and continues to suffer colossal losses. World trade is set to plummet by between 13% and 32% in 2020 and estimates of expected recovery in 2021 are still uncertain;
Amendment 30 #
2020/2076(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to focus on domestic productivity within Europe, in order to establish less dependence ondiversify vulnerable supply chains in core industry sectors such as the tech and telecommunications, medical products and pharmaceuticals sectors, especially in times of global crisis, and to remain competitive on the global markets;
Amendment 31 #
2020/2076(INI)
Draft opinion
Paragraph 2 – point 1 (new)
Paragraph 2 – point 1 (new)
(1) Recognises that the competitiveness of European industry is strongest if the EU maintains its leading role as the most innovative and most climate and environmentally friendly trade partner; calls on the Commission to include innovation and sustainable development goals into the core of EU trade, as well as the core of the industrial policy, and to apply the European Green New Deal as a guiding principle;
Amendment 32 #
2020/2076(INI)
Draft opinion
Paragraph 2 – point 2 (new)
Paragraph 2 – point 2 (new)
(2) Recognises the significant impact the next industrial revolution and automation can have on international trade; notes that with anticipated optimisation of production also the international supply chain will be restructured, which will have a significant impact on the labour market and consequently will have an adverse effect on future job creation and the market as a whole; calls on the Commission to integrate strong social safeguards in its policy;
Amendment 42 #
2020/2076(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Supports, in principle, the initiative to reinforcCalls on the Commission to work with the other WTO members to carry forward an ambitious reform to ensure a trule-based multilateral trading system; expresses its concern, however, about the functioning of the WTO, owing to some international actors abusing their market powere level playing field for trading companies and to fully incorporate social and environmental standards, in line with the new Green Deal; urges the Commission, in this respect, to negotiate new rules to fight trade - distortive practices, including non-market policies and practices, SOEs and industrial subsides, leading to overcapacity, and forced technology transfer policies and practices;
Amendment 54 #
2020/2076(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to work towards effective and opuncil for a rapid and swift agreement on the International pProcurement that allows the EU to take swift, targeted and compelling measures and increase leverage to negotiate reciprocity and market openingInstrument in order to provide legal security, reciprocity and a level playing field to EU operators. Calls for the inclusion of a global catalogue of essential emergency products to avoid abuses by third country providers' in international trade during a global pandemic;
Amendment 64 #
2020/2076(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for a swift adoption of the reienforcement of the safeguard instruments in order to make them more efficient and better adapted to protect European industry and to tackle market distortions effectivelyregulation, which will protect EU’s rights under international agreements against illegal measures adopted by third countries, including through the use of retaliation, provided the new regulation is extended to intellectual property and services;
Amendment 73 #
2020/2076(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls onUrges the Commission to consider the urgentensure effective enforcement of intellectual property rights and the involvement of all actors in the fight against infringement and counterfeitingo tackle the trade of counterfeit and pirated goods throughout the international supply chain, in cooperation with all relevant actors, as key objectives of the intellectual property action plan;
Amendment 76 #
2020/2076(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the CommMember States to swiftly implement all provission to strengthes of the Regulation on the screening of foreign direct investment and to protect access to strategic industries,in order to defend strategic industries from hostile takeover, notably in the areas of healthcare and other crucial infrastructures, key enabling technologies, orand any other assets in the interests of security and cybersecurity.; calls on the Commission to come forward with a legislative proposal strengthening the EU antitrust rules in order to prevent and to tackle hostile takeovers by third country companies heavily subsidised by their governments, in particular in light of the COVID-19crisis and EU recovery;
Amendment 82 #
2020/2076(INI)
Draft opinion
Paragraph 7 – point 1 (new)
Paragraph 7 – point 1 (new)
(1) Calls on the Commission to continue negotiations on e-commerce, which is one of the few sectors that has been thriving despite the pandemic, to reach a deal by MC12; recalls that cross border data flows are vital for the digital economy; calls on the Commission to integrate strong safeguards on data transfer; recalls that EU still suffers from a lack of interoperability in domestic privacy laws and consumer protection laws;
Amendment 83 #
2020/2076(INI)
Draft opinion
Paragraph 7 – point 2 (new)
Paragraph 7 – point 2 (new)
(2) Calls on the Commission to continue its work towards a comprehensive and binding supply chain law; expresses a need for obligatory corporate due diligence that ensures more sustainability and crisis resistance of the value creation process in order to create more resilient value chains;
Amendment 2 #
2020/2071(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the COVID-19 pandemic has revealed in the starkest possible terms the vital role played by functioning global supply chains for medical products, and in particular for medicines; emphasises that the implementation of an open, rules- based trading system is fundamental to ensuring the global availability of medicines and that our vulnerability is not repeated in future emergencies;
Amendment 5 #
2020/2071(INI)
Draft opinion
Recital A
Recital A
A. whereas the problem of medicine shortages in the Member States is gettrowing ever more severe on account ofdue the lack of production capacity in the EU and the relocation of our industries in the sector to other markets in third countries;
Amendment 6 #
2020/2071(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the COVID-19 pandemic has revealed in the starkest possible terms the vital role played by functioning global supply chains for medical products, and in particular for medicines; emphasises that an fair, open, rules-based trading system is fundamental to ensuring the global availability of medicines;
Amendment 11 #
2020/2071(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recognises that the EU depends on a narrow set of countries for a large proportion of its imports of active pharmaceutical ingredients and chemical raw materials; stresses that this over- reliance can pose a risk when limitations in production capacity, excess demand or protectionist measures threaten the proper functioning of global supply chains and potentially undermine the availability of medicines in the EU; calls on the Commission to present a long-term strategy focused on ensuring the EU’s open strategic autonomy in healthand Member States to take the necessary legislative measures, policies and incentives to encourage the production of essential APIs and medicines in Europe to guarantee supply at all times and reduce supply dependence from third countries;
Amendment 16 #
2020/2071(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recognises that the EU depends on a narrow set of countries for a large proportion of its imports of active pharmaceutical ingredients and chemical raw materials; stresses that this over- reliance can pose a risk when limitations in production capacity, excess demand or protectionist measures threaten the proper functioning of global supply chains and potentially undermine the availability of medicines in the EU; calls on the Commission to present a long-term strategy focused on ensuring the EU’s open strategic autonomy in health, and the diversification of its supply chains;
Amendment 22 #
2020/2071(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines that a complete repatriation of medical supply chains is not possible in a global economy; urges the Commission and the Member States to work with the EU’s partners, the WHO and WTO, on establishing an international framework that can prevent the breakdown of supply chains i.a. by establishing a global catalogue of essential emergency healthcare products in order to limit the resort to protectionist measures;
Amendment 31 #
2020/2071(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Member States to enhance theirComission to coordinate with Member States a strategy for a cooperation in order to improve the distribution chain through better visibility and efficient monitoring, particularly on cross-border routes, and to establish corridors where medical supplies have priority of delivery;
Amendment 33 #
2020/2071(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that the EU is a leading global exporter of pharmaceutical products; notes that the protection and enforcement of IP rights in free trade agreements (FTAs) and at the WTO is crucial to the development of new medicines and treatments; underlines that the flexibilities provided in the TRIPS agreement canshould be used to address potential supply shortages in exceptional circumstances;
Amendment 34 #
2020/2071(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 41 #
2020/2071(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that boosting the industrial production of the Member States through favourable economic conditions in the context of national fiscal policie, social and environmental conditions would lead to a more efficient and sustainable logistics network, while reducing the length of transport routes, thereby reducing emissions, mitigating the impact on the environment, and improving the functioning of the internal market;
Amendment 44 #
2020/2071(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that a broad network of fair and well implemented FTAs together with a functioning multilateral trading system constitute the best way of guaranteeing that multiple sources of manufacturing for essential medicines are available and regulatory standards converge globally;
Amendment 45 #
2020/2071(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to work in coordination with the Member States in order to adopt strategic plans to upgrade their existing infrastructure for an efficient supply of medicines with a better use of all transport modes; deems it necessary to remove bottlenecks, boost intermodality (while favouring the shift to rail), finance the main hubs (ports, airports and intermodal platforms), and enhance the delivery of various types of goods, including dangerous goods crucial for the production of the chemical and pharmaceutical industry;
Amendment 51 #
2020/2071(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes that the whole world is fighting the COVID-19 pandemic, as no available medication that can fight the disease has been found yet; calls upon the Commission to coordinate with the WTO and the WHO that all countries, and in particular the developing countries, have equal access in case of any breakthrough drugs; encourages all member states to make efforts to establish a pool of patent rights for COVID-19 technologies at the WHO;
Amendment 52 #
2020/2071(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the importance of IT systems in facilitating the exchange of information between the various actors involved in the transport logistics chain, including the customs authorities, with a view to optimising the distribution of medicines in the Member States and planning supply times more efficiently; calls on the Commission to develop mechanisms in cooperation with Member States in order to ensure a fast and safe transport of medicines; notes also the importance of having contingency plans that ensure the unobstructed transport of medicines when the transport sector is conditioned;
Amendment 53 #
2020/2071(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 57 #
2020/2071(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes the importance of guaranteeing high safety standards for both transport infrastructure and employees, making it possible to manage significant volumes in the supply chain without disruptions or posing risks to health; underlines the importance of having good conditions for drivers in order to respect the resting time and good working conditions; further derogations of rest time rules should become more harmonised and limited to what is strictly necessary;
Amendment 64 #
2020/2071(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls upon the Commission and the Member States to make sure that there is a constant and reliable supply of medical products; stresses that the development of medical products has to be in line with the international standards of human rights, in compliance with the Paris agreement, and that labour rights are in compliance with the ILO conventions; calls on the Commission that to maintain a level playing field in the internal market a common European approach for binding supply chain law is urgently needed;
Amendment 66 #
2020/2071(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Highlights the importance that the European Commission takes all necessary measures to combat speculation, fraud and price abuses in the trade of essential medical substances;
Amendment 67 #
2020/2071(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Emphasises the importance of European safety standards for medical products; urges the Commission to check medical products entering our internal market that they uphold to the European safety standards; calls upon the Commission to ensure that consumer protection is prioritised in the WTO negotiations on e-commerce in negotiation;
Amendment 67 #
2020/2071(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the importance of catering to specific transport needs at local and regional levels, particularly in rural, mountain and insular, insular and outermost regions areas that are more difficult to access and involve higher delivery costs; notes that there are new automated delivery tools, such as via drones, available on the market that could help operators to access these areas;
Amendment 68 #
2020/2071(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Calls on the Commission to exercise leadership at global level to ensure that developing countries have guaranteed access to and supply of essential medicines, especially in emergencies;
Amendment 69 #
2020/2071(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Stresses the importance of ensuring universal access to vaccines and medical treatment, especially in cases of emergency and for new diseases for which no treatment exists, as in the case of Covid-19; urges a close collaboration between the WHO and the WTO to ensure the supply of the vaccine once it is found; at the same time, calls on the Commission to strengthen its mechanisms for the joint procurement of medicines in order to guarantee universal access to treatment for all citizens regardless of their place of residence.
Amendment 29 #
2020/2058(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges the actions taken in the transport sector to reduce specific emissions and stresses the need to strengthen financial support for research on and innovation in zero-emissions mobility solutions;
Amendment 42 #
2020/2058(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the Connecting Europe Facility (CEF) is a key enabler for deliveringcompleting the TEN-T network and in achieving the goals of the Green Deal, providing up to 80 % of its funding in transport to meet climate objectives; insists on a strong CEF and warns that financing the Sustainable Europe Investment Plan (SEIP) must not l through the promotion of sustainable infrastructure projects, multimodality, rail freight transport, innovative and digital actions such as telematics applications systems and the deployment of alternative fuels; insists on the need to have a stronger CEF budget to support a readl to financial reallocation that negatively affects the CEFransition towards smart, sustainable and safe mobility in the EU; considers that the inclusion of a specific investment pillar on synergies under CEF programme would accelerate the transition towards climate neutrality;
Amendment 49 #
2020/2058(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that transport projects require large-scale investment and therefore, that in order to attract investors, legal certainty and, stable targets and availability of information are crucial; stresses that the investments made so far must not be put at risk by shifting funding conditions and expects the SEIP to provide a realistic and future-proof support framework for investments and to ultimately ensure the continuity of projects in the most efficient and effective way;
Amendment 55 #
2020/2058(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Highlights the importance of the Green Deal being accompanied by a just, inclusive and non-discriminatory transition to ensure the transport sector’s businesses, SMEs and workforce can adjust, and to support the regions and communities most affected; considers it important to have EU proper funding schemes for this adjustment process, including incentives for sustainable investment, as well as training and equipping the sector’s workforce with new expertise for new job prospects, requirements and skills;
Amendment 61 #
2020/2058(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that to ensure sufficient investment in sustainable transport infrastructure, it is essential that all relevant EU funds (the CEF, InvestEU, the European Structural and Investment Funds, etc.) and European Investment Bank lending are tailored to the specific needs of the transport sector and that the Member States commit to proper funding; highlights that synergies across relevant Union programmes in areas such as transport, energy and digitalisation could be key to accelerate the advancement towards the development of smart and sustainable mobility at EU level;
Amendment 67 #
2020/2058(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines that the reform of EU own resources system would have immediate economic and policy benefits as of 2021; asks the European Commission to put forward concrete legislative proposals on EU's new own resources system, including among others, the extension of the Emissions Trading System to the maritime and aviation sectors and the establishment of a Carbon Border Adjustment Mechanism; suggests these new EU sources of revenue could be redirected to achieve the goals set by the European Green Deal, such as accelerating the shift to sustainable and smart mobility;
Amendment 75 #
2020/2058(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers thatEncourages the EU and the Member States already haveto maximize the use of the available tools at their disposal several tools for ensuring that the transport sector contributes to decarbonisation; strongly believes in this respect that the Member States should earmark revenue from taxes or fees and the EU Emissions Trading System related to transport to foster investment in the sustainability of the relevant transport modes;
Amendment 84 #
2020/2058(INI)
6. Calls on the Commission to boost the use of InvestEU for transport and tourism.suistainable transport infraestructure and tourism; welcomes the recent budget increase of InvestEU programme proposed in the New Generation EU; considers it a key opportunity to provide smart investment and support Union policies such as the shift to smart and sustainable mobility within the European Green Deal by promoting sustainable infrastructures projects and by giving crucial support to companies, SMEs, investors and workers of the transport sector;
Amendment 90 #
2020/2058(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes the incorporation of the new strategic European investment policy window in InvestEU programme; highlights it comprises key investment opportunities to activities within the EU of strategic importance, particularly in view of the green and digital transitions and of enhanced relisilience; considers this smart investment should incentivise European industrial leadership in strategic sectors and key value chains such as transport and logistics, including the aeronautical industry, as well as in the development of telematics application systems such as ERTMS; stresses the new strategic European investment policy window should also support activities related to sustainable and social inclusiveness as well as social resilience and employment initiatives in EU strategic sectors;
Amendment 95 #
2020/2058(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Sustainable transport modes and sustainable mobility plans
Amendment 97 #
2020/2058(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Stresses that the percentual increase in EU rail and maritime freight transport, as defined in the European Green Deal, needs of a concrete EU investment plan and EU concrete measures to manage better and to increase the capacity of railways and inland waterways; in the case of rail freight transport, it is crucial to count with financing for the maintenance and upgrading of the EU rail infrastructure, the elimination of bottlenecks, the bridging of missing links and the promotion of interoperability at EU level; maritime freight transport needs investment in research into new technologies to descarbonise the sector and in the development of zero-emission and green ships;
Amendment 98 #
2020/2058(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Highlights the key role of the European Union Agency for Railways (ERA) and the Shift2RailJoint Undertaking in achieving a lasting shift from road to rail as established in the European Green Deal; stresses that the Shift2Rail undertaking plays a key role in overcoming technical obstacles and driving forward interoperability, with the aim, ultimately, of making rail transport cheaper, more efficient and more attractive contributing to reducing accidents and CO2 emissions; calls on the importance to increase the EU investment in ERA and the Shift2Rail in order to advance in the establishment of the Single European Railway Area;
Amendment 100 #
2020/2058(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6 e. Recognises that the European Green Deal investment plan has a great potential to include sustainable transport as a strategic mean to achieve carbon neutrality; underlines that collective passenger transport, as one of the fastest and most cost-efficient way to decarbonise people’s mobility, should be at the core of the EU financing of the green transition;
Amendment 103 #
2020/2058(INI)
Draft opinion
Paragraph 6 g (new)
Paragraph 6 g (new)
6 g. Stresses that investment in public transport is central to sustainable urban mobility, as well as for sustainable rural mobility, in order to promote environmentally, climatically and economically sustainable societies and to tackle social exclusion and the negative trend of depopulation in isolated low- density areas; calls in this regard for increased support for transport infrastructure and the promotion of public transport and sustainable mobility; highlights the importance to support multimodal ticketing system action plans;
Amendment 104 #
2020/2058(INI)
Draft opinion
Paragraph 6 h (new)
Paragraph 6 h (new)
6 h. Considers a stronger articulation of urban transport financing with Sustainable Urban Mobility Plans (SUMPS) to be essential to boost the urban mobility transformation; calls the European Commission to cooperate with Member States to develop sustainable urban mobility plans and policies, including the support for efficient public transport systems and active mobility solutions such as walking and cycling and the promotion of accessibility and multimodality among the different modes of transport, at the same time balanced socio-economic arrangements are guaranteed to ensure inclusiveness and affordability among EU citizens;
Amendment 105 #
2020/2058(INI)
Draft opinion
Paragraph 6 i (new)
Paragraph 6 i (new)
6 i. Highlights that innovation and digitalisation play a key role in the decarbonisation of the civil aviation sector, including the civil aeronautics industry, in line with the ambitions of the European Green Deal; recalls, in particular, the role of Clean Sky 2 and SESAR Joint Undertakings in ensuring net accelerations in green technologies aimed to improve safety and to reduce the CO2 and greenhouse gas emissions, as well as the noise levels produced by aircraft; calls on the European Commission to develop and support an EU investment roadmap for aviation and aeronautics to trigger innovation towards sustainable aviation, including research in alternative fuels, with the view of preserving competitiveness and maintaining Europe's leadership.
Amendment 106 #
2020/2058(INI)
Draft opinion
Paragraph 6 j (new)
Paragraph 6 j (new)
6 j. Considers that there is a need for EU financing to guarantee the deployment of zero-emission vehicles at EU level; EU funds should ensure the transformation of the automotive industry towards climate neutrality by supporting the renewal of vehicle fleets both public and private, the increase in the production and deployment of sustainable alternative fuels and of recharging points, and the promotion of ecological scrappage schemes; highlights EU funds should also address the needed upskilling and reskilling of workers of the automotive industry to adapt to the new innovation, sustainability and digitalisation demands of the sector;
Amendment 107 #
2020/2058(INI)
Draft opinion
Paragraph 6 k (new)
Paragraph 6 k (new)
6 k. Calls on Member States to include the transport industry as priority in their national recovery plans to ensure they can have major access to the resources allocated from different initiatives set by the European Recovery Plan; further calls on Members States to support rail investment in their national action plans in line with the European Green Deal's goals; asks the European Commission to cooperate with Member States by mapping smart investment initiatives for the sustainable and resilient recovery of the sector;
Amendment 108 #
Amendment 109 #
2020/2058(INI)
Draft opinion
Paragraph 6 m (new)
Paragraph 6 m (new)
6 m. Highlights that EU funding is an important lever to invest in innovative and smart road safety solutions and accelerate the delivery of road safety results across the EU; calls on the European Commission to safeguard and increase investments on road safety at EU level, particularly in cost effective actions such as enforcement, road infrastructure maintenance and upgrades through the TEN-T network and beyond, the upgrading of the safety vehicle fleets - both public and private- as part of procurement, adaptation of road signalling and marking, as well as investment in bike lanes and pedestrian high risk zones;
Amendment 110 #
Amendment 112 #
2020/2058(INI)
Draft opinion
Paragraph 6 p (new)
Paragraph 6 p (new)
6 p. Insists on the creation and introduction of a specific budget allocation for sustainable tourism as clearly stated in the European Parliament's position on the Multiannual Financial Framework 2021-2027 and reiterates that several significant steps have to be taken in order to prepare the third largest economic branch of the European Union meet the conditions of the European Green Deal;
Amendment 113 #
2020/2058(INI)
Draft opinion
Paragraph 6 q (new)
Paragraph 6 q (new)
6 q. Underlines that the new initiative REACT-EU programme, in the framework of the European Recovery Plan, should support the financing of the recovery of the tourism sector, and ensure that crisis repair measures are adapted accordingly.
Amendment 114 #
2020/2058(INI)
Draft opinion
Paragraph 6 r (new)
Paragraph 6 r (new)
6 r. Calls on the European Commission to provide companies and SMEs of the EU tourism and travel sector with guidance on how to access the available EU funding and investment programmes for the recovery and sustainable transformation of the sector;
Amendment 115 #
2020/2058(INI)
Draft opinion
Paragraph 6 s (new)
Paragraph 6 s (new)
6 s. Calls on Member States to include the tourism and travel sector as priority in their national recovery plans to ensure they can have major access to the resources allocated from different initiatives set by the European Recovery Plan; asks the European Commission to cooperate with Member States and to exchange best practices on financing and funding opportunities for the sector.
Amendment 1 #
2020/2041(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that, while there are a number of dynamic middle income countries on the African continent, its economic development is still relatively weak in comparison to other partsStrongly supports the renewed engagement between the EU and Africa; welcomes the publication of the Communication ofn the world; stresses that many of its countries will therefore face almost insurmountable challenges caused by the COVID-19 crisis and the effects of climate changeupcoming strategy; highlights the importance of a dynamic partnership to pursue common Goals between the two continents;
Amendment 9 #
2020/2041(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights the importance of ecologically and socially sustainable trade relations with the African continent; calls on the Commission to proceed with its legislative proposal on mandatory human rights and environmental due diligence obligations for EU companies;
Amendment 11 #
2020/2041(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Highlights that, while there are a number of dynamic middle income countries on the African continent, its economic development is still relatively weak in comparison to other parts of the world; stresses that many of its countries will therefore face almost insurmountable challenges caused by the COVID-19 crisis and the effects of climate change, amongst them huge demographic shifts with poverty- and conflict-driven migration as well as other problems; highlights in this context that in the short run, the EU must provide immediate aid measures such as procuring tests and laboratory equipment, followed by pandemic prevention measures through the development of an infrastructure of laboratories, financing of medical training measures, information campaigns and national pandemic response plans; underlines that the economic impact of the lockdown will be profound on the African continent, given the size of the informal sector; stresses that the long term goal of the partnership between the EU and Africa must be the resilience of African economies as well as economic independence from aid and indebtedness, to which the increasing resilience of the health sector should be a side effect;
Amendment 17 #
2020/2041(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the announcement from the G20 on a temporary moratorium on debt repayments for the weakest developing countries; reiterates that debt reductions and debt cancellations are not mentioned in the current version of the Africa strategy while they are important palliatives in the COVID-19 crisis and a necessary measure beyond the pandemic since they will contribute to the policy space of African countries that is currently taken up by repaying debt;
Amendment 26 #
2020/2041(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights that the European Union still has important economic ties with African states, and that China has intensified its economic engagement in Africa, while the EU Member States have shown only very selective interests for trade with- and investments in the African states, which is why the trade volume between the EU and most African states remains relatively small; underlines that the EU needs an entirely new foundation for its economic partnership with Africa, meaning that it needs to take the final step away from a dependency-based relationship and arrive in the new reality in which the EU and Africa need to develop a mutually beneficial sustainable partnership; underlines that the prerequisite of this partnership is the substantial further sustainable development in all African states;
Amendment 37 #
2020/2041(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that the role of many African states in the international division of labour does not promote their sustainable development as long as it means that they export raw materials and some unprocessed agricultural commodities, while the EU exports manufactured goods, services and agricultural overcapacities; underlines that the EU must support the diversification of inner-African value chains by means of public investment in improved infrastructures and the development of a sustainable energy- supply; calls on the Commission to facilitate through the channels at its disposal the development of regional value chains as inner-regional trade on the African continent remains marginal and is a prerequisite for sustainable development and long term economic independence;
Amendment 46 #
2020/2041(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to reform its current version of its strategy entitledadapt its priorities set out in the Communication ‘Towards a comprehensive Strategy with Africa’ ahead of the planned EU-AU Summit with a view to addressing the needs of the African regions in the wake of this health and economic crisis; but also with regard to the danger of upcoming threats to food security; notes that the common plan for economic recovery needs to remain in accordance with the Sustainable Development Goals and the Paris Agreement;
Amendment 58 #
2020/2041(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to support Africa in its ambitions for a continental free trade area by making the necessary adjustments in order to implement its Economic Partnership Agreements (EPAs) and make them fit the project of the Continental Free Trade Area; by offering technical support for making the necessary fiscal adjustments to the abolition of customs duties, to help implement resilient fiscal systems that tackle the dramatic problem of tax evasion and to reduce the dependency of remittances; underlines the necessity of implementing technical assistance on border cooperation and other technical issues for the sake of regional value chain development;
Amendment 77 #
2020/2041(INI)
8. Calls for a concrete proposal that establishes common initiatives on a renewable energy supply on the African continent; and the promotion of innovation geared towards it, including both a concrete plan to publicly finance those initiatives and a plan on how to get into closer cooperation with regard to the future common usage of the resulting renewable energy; reiterates that sustainable development without comprehensive access to energy is not possible and encourages the Commission to come up with an ambitious plan for implementing this sustainable energy partnership;
Amendment 82 #
2020/2041(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Emphasises the need for substantial sustainable investments that enable leapfrogging in the African states; possibly in the form of investment partnerships with regard to infrastructure, a sustainable agricultural sector as well as comprehensive energy supply from renewable sources; underlines the necessity of sustainable innovation projects that enable leapfrogging with the specific goal of ecological and social sustainability in the African states underlines that the EU needs to pursue public investments in the development of general infrastructures and specifically cross-border infrastructures in order to facilitate regional trade and thereby the diversification of value chains; highlights that the promotion of foreign direct investment amongst other programs by the External Investment Plan should be linked to local entrepreneurship, SMEs, smallholder agriculture, the local services sector, the local manufacturing industry as well as sustainable innovation projects in order to facilitate the diversification of value chains on the continent as well as for the sake of the creation of decent employment opportunities;
Amendment 90 #
2020/2041(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Underlines that empowering civil society, and thereby including a social counterpart into investment structures, is a vital aspect of EU policies towards and with the African states., therefore asks the Commission to involve civil society at all levels of the political dialogue, especially when trade agreements are prepared, monitored and evaluated; calls for a bigger role for civil society in the Aid for Trade system;
Amendment 96 #
2020/2041(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Recognizes the critical role of women and girls in sustainable growth and development; emphasizes that the empowerment of women and girls must be mainstreamed throughout the implementation of the Africa strategy; underlines that the economic independence of women must be fostered by the promotion of female entrepreneurs;
Amendment 100 #
2020/2041(INI)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Underlines that the African continent has the youngest population in the world and thus asks the Commission to firmly integrate the interests of children and young people in the implementation plan for the Africa strategy and to make sure that substantial investments are made in building the expertise of young people given their critical role in further developing strategies for an ecologically, socially and economically sustainable future of their continent;
Amendment 60 #
2020/2023(INI)
Motion for a resolution
Paragraph 4 – point ii
Paragraph 4 – point ii
(ii) protection of the full integrity and proper functioning of the single market and customs union, the indivisibility of the four freedoms; in particular, the degree of cooperation in the economic pillar should be commensurate with the freedom of movement of peopleassociation pillar must be in accordance with the commitments that are acquired to facilitate the mobility of people, in areas, among others, such as the non- requirement of visas to travel, the mobility of researchers and students, the cooperation in the field of social security, and of temporary service providers and business travellers;
Amendment 104 #
2020/2023(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Reiterates its support to the negotiating directives, which set out that Gibraltar will not be included in the territorial scope of the agreements to be concluded between the EU and the UK, and that any separate agreement will require the prior agreement of the Kingdom of Spain;
Amendment 121 #
2020/2023(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the Withdrawal Agreement is the instrument for implementing the arrangements for the UK’s withdrawal and that the onlyone of the main purposes of the EU-UK Joint Committee is to oversee its application; underlines the importance of the effective implementation of the Withdrawal Agreement as a litmus test for the good faith that the UK has committed to brings to the negotiating process and recalls that the outcome of the negotiations would be linked to it;
Amendment 153 #
2020/2023(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that until 31 December 2020, the United Kingdom is obliged to contribute, inter alia, to the financing of the European Defence Agency, the European Union Institute for Security Studies, and the European Union Satellite Centre, and to the costs of Common Security and Defence Policy (CSDP) operations;
Amendment 186 #
2020/2023(INI)
Motion for a resolution
Paragraph 13 – point ii a (new)
Paragraph 13 – point ii a (new)
(ii a) commitment by both parties not to adopt trade restrictive measures, unless the non-regression clause would be violated;
Amendment 258 #
2020/2023(INI)
Motion for a resolution
Paragraph 16 – point iv
Paragraph 16 – point iv
(iv) environmental protection and climate change related standards, including a commitment to effectively continue implementing the Paris Climate Agreement, as well as the promotion of the UN’s Sustainable Development Goals;
Amendment 264 #
2020/2023(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Points out that these provisions should ensure that standards are not lowered, while empowering both parties to modify commitments over time to lay down higher standards or include additional areas, in full compliance with the proportionality and necessity principles; stresses, moreover, that commitments and provisions should be enforceable by autonomous interim measures, a solid dispute settlement mechanism and remedies, with a view to dynamic alignment;
Amendment 267 #
2020/2023(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Emphasises the need to establish appropriate risk-control measures to prevent any fraud or circumvention in relation to imports into the EU of goods that are subject to trade defence measures, including in the framework of the implementation of the Protocol on Ireland and Northern Ireland;
Amendment 269 #
2020/2023(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Strongly believes that the UK should adhere to the evolving standards on taxation and anti-money laundering legislation within the EU acquis, including tax transparency, the exchange of information on tax matters and anti-tax avoidance measures, and should address the respective situations of its Overseas Territories, its Sovereign Base Areas and its Crown Dependencies and their non- compliance with EU good governance criteria and transparency requirements; reminds, with regard to the territory of Gibraltar, the negotiating directives and the provisions set out in the draft legal text of the EU;
Amendment 289 #
2020/2023(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Regrets the fact that the UK negotiating objectives published on 27 February stated that foreign policy will be determined within a framework of broader friendly dialogue and cooperation between the UK and the EU, demoting this key area to a non-institutionalised relationship to be agreed upon at a later stage;
Amendment 309 #
2020/2023(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls that both the EU and the UK share principles, values and interests and a commitment to promoting global prosperity, security and effective multilateralism; stresses that it is in both sides’ interest to maintain an ambitious, close and lasting cooperation that, respecting the autonomy of the Union, serves the security of Europe and it citizens and contributes to global stability, the protection of human rights and peace in line with the objectives and principles we share and which, for the EU, are set out in Article 21 of the TEU;
Amendment 328 #
2020/2023(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines the fact that the EU isand the UK are to each other an important partner for the UK in foreign and security policy, as the need for common responses to address foreign, security and defence policy challenges is crucial to both sides; encourages the exchange of information and intelligence as well as close cooperation in the areas of counter- terrorism, space policy, cyberwarfare and chemical, biological, radiological and nuclear (CBRN) defence;
Amendment 331 #
2020/2023(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Emphasises that as of 1 January 2021, if there is no agreement on cooperation in foreign and security policy, the UK will be considered a third country without any specific framework of relations, which will have an impact on existing cooperation in foreign and security policy;
Amendment 342 #
2020/2023(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that it is in the common interest of the UK and the EU to cooperate on the development of effective and genuinely interoperable defence capabilities, including within the European Defence Agency, and under the necessary administrative agreement that will have to be negotiated, in order to be able to continue the highly valuable partnerships within NATO and EU programmes on defence and external security, such as the European Defence Fund, Galileo and cyber-security programmes;
Amendment 363 #
2020/2023(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Recalls that effective international arms control, disarmament and non- proliferation regimes are a cornerstone of global and European security; recalls the importance of a coherent and credible European strategy for multilateral negotiations at global level and on regional de-escalation and confidence-building measures; calls on the UK to commit to continuing to remain compliant with in the future withe criteria ofequivalent to those laid down by Common Position 2008/944/CFSPP12; _________________ 12 OJ L 335, 13.12.2008, p. 99.
Amendment 379 #
2020/2023(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Insists on the absolute necessity for this governance system, while respecting the autonomy of both sides, to fully preserve the autonomy of the EU’s decision-making and legal and judicial order, including the role of the CJEU as the sole interpreter of EU law and the EU Charter of Fundamental Rights; considers that, for provisions based on EU law concepts, the governance arrangements must provide for referral to the CJEU;
Amendment 2 #
2020/1998(BUD)
Draft opinion
Recital A
Recital A
A. Whereas the Union transport sector is essential for Union’s economic, social and environmental development and its sustainability and for ensuring the territorial accessibility and connectivity of all regions of the Union, with particular attention for peripheral, rural, insular and outermost regions;
Amendment 3 #
2020/1998(BUD)
Draft opinion
Recital B
Recital B
B. Whereas transport will be key to achieving climate neutrality by 2050 and any significant contribution from the transport sector to this goal will require enormous public and private financial investments on EU and national level in order to accelerate the shift to sustainable, safe, smart, interoperable, multimodal mobility;
Amendment 8 #
2020/1998(BUD)
Draft opinion
Recital C
Recital C
C. Whereas the transport and tourism sectors are among the most hardly hit by the recent COVID 19 crisis; whereas transport has proven vital to providing all necessary goods, including medical and sanitary equipment to the Union population amidst the crisis; whereas the recovery of the transport and tourism sectors are key to well-functioning of the EU internal market, as well as for connectivity and competitiveness in the EU;
Amendment 15 #
2020/1998(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. [02 03 01] Reiterates the crucial role of the Connecting Europe Facility (CEF) in fostering the development of a high-performance trans-European network (TEN-T) that is sustainable, safe, multimodal, interoperable and interconnected across the areas of transport, energy and digital services infrastructure and in achieving the goals of the Green Deal, particularly in regards to the promotion of smart and sustainable mobility, including an increase in rail freight transport; Considers unacceptable the drastic reductions in commitments for the Energy and Digital branches of the CEF and the global reduction of the CEF budget resulting from these cutes; Considers that the increase in the CEF transport budget is the step in the right direction but insufficient in view of the needs of the sector; Therefore requests a budget in line with the European Parliament position on MFF1 ; _________________ 117,746 bn euros for 2021-2027 in 2018 prices (an average of 2,542 billion euros per year).
Amendment 22 #
2020/1998(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. [new01 20 03 00] Regrets the absence of a specific allocation and specific programme for sustainable tourism, including the allocation of a budget of EUR 300 million as requested by the European Parliament; Requests that this allocation be added in order to take into consideration a sector that has strong links to transport,reiterates the need to create a new budget line in order to take into consideration the important role of tourism for competitiveness and employment in the EU transport sector which has been severely hit by the COVID-19 crisis and is very important for the Union economy;
Amendment 23 #
2020/1998(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. [13 04 01] Deeply regrets that the new commission’s proposal for MFF foresees a 75 % reduction in commitments for military mobility under the transport pillar, limitingwhich aims to adapt parts of the TEN-T networks for a dual use of the transport infrastructure in view of improving both civilian and military mobility; this reduction, limits de facto this new policy objective of the Union to merely symbolic actions ; requests the initial level to be restored and the level of commitments for 2021 to be set accordingly;
Amendment 27 #
2020/1998(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. [02 01 01] Notes with satisfaction the important surge in investment due to the EUR 9,645 billion contribution from the Next Generation EU to InvestEU in 2021; welcomes the incorporation of the new strategic European investment policy window in InvestEU programme which includes key investment opportunities for the transport and logistics sectors of the EU; however; deeply regrets the suggested cuts on MFF and Next Generation EU for the InvestEU programme recently adopted by Council, which could have an impact on budget 2021;
Amendment 30 #
2020/1998(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. [02 01 01] Highlights the importance of InvestEU programme in supporting the investment in sustainable and safe transport infrastructures, mobility solutions and equipment and deployment of innovative technologies, including investment in multimodal transport hubs and road safety; reiterates InvestEU Programme should be key to support operations promoting innovative and digital and sustainable tourism;
Amendment 31 #
2020/1998(BUD)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. [09 03 01]Highlights the importance of the necessary investment for the transport sector under the Just Transition Fund to ensure a fair, inclusive and socially acceptable transition to climate neutrality where nobody is left behind; stresses the need to support the up- and reskilling of workers and jobseekers in the transport sector, productive and sustainable investment in SMEs, the investment in smart ,and sustainable mobility, as well as environmentally-friendly transport infrastructure; however, deeply regrets the suggested cuts on MFF however; deeply regrets the suggested cuts on MFF and Next Generation EU for the Just Transition Fund recently adopted by Council, which could have an impact on budget 2021;
Amendment 35 #
2020/1998(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. Reiterates the important role that European partnerships could play in improving the transport sector’s performance and safety and in fostering a reduction of transport emissions based on technological progress and rules; highlights that EU financing programmes such as Horizon Europe could play a key role in promoting partnerships with EU countries, the private sector, foundations and other stakeholders; requests that such initiatives - for example the creation of a European partnership for the maritime sector - receive adequate funding in order to contribute to the aforementioned objectives; however, deeply regrets the suggested cuts on MFF and Next Generation EU for the Horizon Europe research programme recently adopted by Council, which could have an impact on budget 2021;
Amendment 40 #
2020/1998(BUD)
Draft opinion
Paragraph 9
Paragraph 9
9. [02 10 03] Regrets the decrease in the budget 2021 of the European Union Agency for Railways (ERA) whose role is crucial to achieving a lasting shift from road to rail and to advance in the establishment of the Single European Railway Area; notes that such a decrease is particularly unfortunate since 2021 will be the European year of Rail; Therefore requests that the ERA budget be re- established in its 2020 level and that the percentage increase planned in the Draft budget for the following years apply from that limit;
Amendment 43 #
2020/1998(BUD)
Draft opinion
Paragraph 10
Paragraph 10
10. [02 10 01] Notes the slight increase in the European Union Aviation Safety Agency (EASA) budget for 2021; Requests that the subsequent increases be confirmed in the next MFF in order to allow for a stronger EASA, in view of progressively advance in the Single European Sky initiative, among others;
Amendment 15 #
2020/0365(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Despite existing measures at 19 Union and national level aimed at supporting the protection of critical infrastructures in the Union, the entities operating those infrastructures are not adequately equipped to address current and anticipated future risks to their operations that may result in disruptions of the provision of services that are essential for the performance of vital societal functions or economic activities. This is due to a dynamic threat landscape with an evolving terrorist threat, cyber attacks and growing interdependencies between infrastructures and sectors, as well as an increased physical risk due to natural disasters and climate change, which increases the frequency and scale of extreme weather events and brings long-term changes in average climate that can reduce the capacity and efficiency of certain infrastructure types if resilience or climate adaptation measures are not in place. Moreover, relevant sectors and types of entities are not recognised consistently as critical in all Member States. _________________ 19European Programme for Critical Infrastructure Protection (EPCIP).
Amendment 26 #
2020/0365(COD)
Proposal for a directive
Recital 5
Recital 5
(5) It is therefore necessary to lay down harmonised minimum rulrules for all critical entities from all Member States to ensure the provision of essential services in the internal market and enhance the resilience of critical entities.
Amendment 41 #
2020/0365(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to be able to ensure their resilience, critical entities should have a comprehensive understanding of all relevant risks to which they are exposed and, analyse those risks and establish measures to combat them. To that aim, they should carry out risks assessments, whenever necessary in view of their particular circumstances and the evolution of those risks, yet in any event every fourthree years. The risk assessments by critical entities should be based on the risk assessment carried out by Member States.
Amendment 47 #
2020/0365(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Member States should ensure that their competent authorities have certain specific powers, the necessary infrastructure and tools for the proper application and enforcement of this Directive in relation to critical entities, where those entities fall under their jurisdiction as specified in this Directive. Those powers should include, notably, the power to conduct inspections, supervision and audits, require critical entities to provide information and evidence relating to the measures they have taken to comply with their obligations and, where necessary, issue orders to remedy identified infringements. When issuing such orders, Member States should not require measures which go beyond what is necessary and proportionate to ensure compliance of the critical entity concerned, taking account of in particular the seriousness of the infringement and the economic capacity of the critical entity. More generally, those powers should be accompanied by appropriate and effective safeguards to be specified in national law, in accordance with the requirements resulting from Charter of Fundamental Rights of the European Union. When assessing the compliance of a critical entity with its obligations under this Directive, competent authorities designated under this Directive should be able to request the competent authorities designated under the NIS 2 Directive to assess the cybersecurity of those entities. Those competent authorities should cooperate and exchange information for that purpose.
Amendment 59 #
2020/0365(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall adopt by [threewo years after entry into force of this Directive] a strategy for reinforcing the resilience of critical entities. This strategy shall set out strategic objectives and policy measures with a view to achieving and maintaining a high level of resilience on the part of those critical entities and covering at least the sectors referred to in the Annex.
Amendment 60 #
2020/0365(COD)
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) strategic objectives and priorities for the purposes of enhancing the overall resilience of critical entities taking into account cross-border and cross-sectoral interdependencies and the need for the exchange of information between entities;
Amendment 63 #
2020/0365(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The strategy shall be updated where necessary and at least every fourthree years.
Amendment 68 #
2020/0365(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Competent authorities designated pursuant to Article 8 shall establish a list of essential services in the sectors referred to in the Annex. They shall carry out by [threewo years after entry into force of this Directive], and subsequently where necessary, and at least every fourthree years, an assessment of all relevant risks that may affect the provision of those essential services, with a view to identifying critical entities in accordance with Article 5(1), and assisting those critical entities to take measures pursuant to Article 11.
Amendment 72 #
2020/0365(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The risk assessment shall account for all relevant natural and man-made risks, including accidents, natural disasters, public health emergencies, antagonistic threats, cyber attacks including terrorist offences pursuant to Directive (EU) 2017/541 of the European Parliament and of the Council34 . _________________ 34Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
Amendment 85 #
2020/0365(COD)
Proposal for a directive
Article 5 – paragraph 7 – introductory part
Article 5 – paragraph 7 – introductory part
7. Member States shall, where necessary and in any event at least every fourthree years, review and, where appropriate, update the list of identified critical entities.
Amendment 87 #
2020/0365(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the impacts that incidents could have, in terms of degree and duration, on economic and societal activities, the environment and public security and safety;
Amendment 90 #
2020/0365(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
They shall subsequently submit that information where necessary, and at least every fourthree years.
Amendment 96 #
2020/0365(COD)
5 a. In the event of exceptional situations and high-risk incidents where critical entities and responsible national authorities fail to ensure that the incident is absorbed and remedied, the Commission should intervene through the available levers to help the critical entity to resolve this issue;
Amendment 98 #
2020/0365(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that critical entities assess within six months after receiving the notification referred to in Article 5(3), and subsequently where necessary and at least every fourthree years, on the basis of Member States’ risk assessments and other relevant sources of information, all relevant risks that may disrupt their operations.
Amendment 117 #
2020/0365(COD)
Proposal for a directive
Article 16 – paragraph 3 – point h
Article 16 – paragraph 3 – point h
(h) exchanging information and best practices on innovation, research and development relating to the resilience of critical entities in accordance with this Directive;
Amendment 121 #
2020/0365(COD)
Proposal for a directive
Article 16 – paragraph 7
Article 16 – paragraph 7
7. The Commission shall provide to the Critical Entities Resilience Group a summary report of the information provided by the Member States pursuant to Articles 3(3) and 4(4) by [threewo years and six months after entry into force of this Directive] and subsequently where necessary and at least every fourthree years.
Amendment 122 #
2020/0365(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. In order to assess the compliance of the entities that the Member States identified as critical entities pursuant to Article 5 with the obligations pursuant to this Directive, they shall ensure that the competent authorities shall have the powers and mean, means and human and financial resources to:
Amendment 123 #
2020/0365(COD)
Proposal for a directive
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. Member States shall ensure that the competent authorities have the powers and mean, means and human and financial resources to require, where necessary for the performance of their tasks under this Directive, that the entities that they identified as critical entities pursuant to paragraph 5 provide, within a reasonable time period set by those authorities:
Amendment 33 #
2020/0035(COD)
Proposal for a decision
Recital 1 a (new)
Recital 1 a (new)
(1a) The recent experiences during the COVID-19 pandemic demonstrated the importance of rail as being a stable, safe and a more resilient transport mode for freight and passenger transport. This is largely based on the employees who continued working under difficult, dangerous and uncertain conditions to ensure that medical supplies and essential goods are transported across Europe.
Amendment 36 #
2020/0035(COD)
Proposal for a decision
Recital 4
Recital 4
(4) In line with the objectives set out in the Commission Communication on the European Green Deal, there is a need to transform the Union economy and to rethink policies, in particular in the field of transport and mobility, which implies accelerating the shift to sustainable and smart mobility. Transport accounts for a quarter of the Union’s greenhouse gas emissions, and still growing. To achieve climate neutrality, a 90% reduction in transport emissions is needed by 2050. Achieving sustainable, intermodal transport means putting users first and providing them with more affordable, accessible, healthier and cleaner alternatives to their current mobility habits encouraging those already using sustainable transport modes such as walking, cycling and public transport. Achieving sustainable transport means as well putting transport workers first who are essential workers and deliver quality transport services to the benefit of users only when quality working conditions are realized. The European Green Deal implies to accelerate the shift to sustainable and smart mobility to address these challenges. In particular, a substantial part of the 75% of inland freight carried today by road should shift onto rail and inland waterways.
Amendment 48 #
2020/0035(COD)
Proposal for a decision
Recital 5 a (new)
Recital 5 a (new)
(5a) The COVID-19 pandemic has hit rail and the public transport sector exceptionally hard. The sector experienced an unprecedented decline in passenger numbers in international and long distant services as well as in regional, suburban and urban services. Despite the operational and financial constraints the sector maintained crucial connections for both people and the transport of essential goods. Rail and public transport play a key role in the economic recovery and are amongst the most sustainable transport means. Therefore the European Year of Rail should encourage citizens to use rail and public transport again.
Amendment 61 #
2020/0035(COD)
Proposal for a decision
Recital 6
Recital 6
(6) By connecting the Union’s main transport routes with its rural areas, regions, peripheral regions and territories, the rail sector contributes to social, economic and territorial cohesion.
Amendment 79 #
2020/0035(COD)
Proposal for a decision
Recital 7
Recital 7
(7) While the share of passenger rail in the Union land transport has only slightly increased since 2007, the share of freight has decreased. Many obstacles remain to achieve a true Single European Rail Area, including in respect of the need to minimise noise. Overcoming these obstacles together with cost reduction and accelerated innovation will allow rail to realise its full potential. Rail therefore needs a further boost to become more attractive to travellers, employees and businesses alike.
Amendment 82 #
2020/0035(COD)
Proposal for a decision
Recital 7 a (new)
Recital 7 a (new)
(7a) To increase the usage of rail services a comprehensive strategy needs to include a door-to-door approach and thus the use of public transport.
Amendment 86 #
2020/0035(COD)
Proposal for a decision
Recital 7 b (new)
Recital 7 b (new)
(7b) There were 979 railway companies employing over 660,000 people in the European Union in 20161a. Making the rail sector the third biggest employer of all modes of transport; in order to reach its full potential, it needs to diversify its workforce and attract women and young workers in particular. It is essential to deliver optimal transport services to the benefit of users, with rail employees enjoying quality working conditions; _________________ 1a European Commission (2019), Statistical Pocketbook: EU Transport in figures, p. 26-27.
Amendment 104 #
2020/0035(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) promote rail, including urban and suburban rail, as a sustainable, innovative and safe mode of transport, in particular by highlighting the role of rail and public transport as a game changer to help reaching the Union’s climate neutrality objective by 2050 and by reaching out to the wider public, especially youth;
Amendment 113 #
2020/0035(COD)
Proposal for a decision
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) highlight the European, cross- border dimension of rail and its crucial role for sustainable tourism, that brings citizens closer together, allows them to explore the Union in all its diversity, fosters cohesion and contributes to integrate the Union internal market;
Amendment 143 #
2020/0035(COD)
Proposal for a decision
Article 2 a (new)
Article 2 a (new)
Article 2a Emphasise the importance of urban rail and public transport in urban areas that guarantee a sustainable first and last mile option for travellers and daily sustainable transport solutions for commuters.
Amendment 154 #
2020/0035(COD)
Proposal for a decision
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) sharing experience and good practices of national, regional and local authorities, civil society, business, trade unions and schools on promoting the use of rail and public transport and on how to implement behavioural change at all levels;
Amendment 166 #
2020/0035(COD)
Proposal for a decision
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Encourage and promote initiatives in the public and private sector to promote and facilitate better business-travel patterns and commuting by rail.;
Amendment 167 #
2020/0035(COD)
Proposal for a decision
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. Initiatives to simplify ticketing systems and carriage regulations;
Amendment 169 #
2020/0035(COD)
Proposal for a decision
Article 3 – paragraph 1 c (new)
Article 3 – paragraph 1 c (new)
1c. Promote the attractiveness of the railway profession , promote equal pay at the same place, reconciliation of work and private life, career development, protection against abuse and fair conditions of service;
Amendment 171 #
2020/0035(COD)
Proposal for a decision
Article 3 – paragraph 1 d (new)
Article 3 – paragraph 1 d (new)
1d. Cooperation with European rail museums and existing cultural events such as film festivals and art exhibitions;
Amendment 172 #
2020/0035(COD)
Proposal for a decision
Article 3 – paragraph 1 e (new)
Article 3 – paragraph 1 e (new)
1e. Campaigns to re-establish trust of citizens and passengers to use rail public passenger transport again.
Amendment 10 #
2019/2209(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is aware that common problems in the EaP countries are a high level of corruption, bank fraud, the influence of oligarchs, the informal economy and poor governance; calls on the EaP countries to improve the rule of law, to eliminate these problems and to tackle illicit trade; calls on the EaP countries to guarantee the full respect of human rights and democracy.
Amendment 19 #
2019/2209(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses the European Commission to provide further technical support to Eastern Partners in order to improve the external investment framework, particularly in the areas of predictability, certainty and investor protection.
Amendment 22 #
2019/2209(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Stresses the European Commission to extend the cooperation with our Eastern Partners to strengthen the role of civil society for the scrutiny of trade agreements and relations.
Amendment 4 #
2019/2197(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the Joint Communication on the Global EU response to COVID-19, JOIN(2020) 11 final, of 8 April 2020
Amendment 5 #
2019/2197(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the Joint Communication “Towards a comprehensive strategy with Africa”, JOIN(2020) 4 final of 9 March 2020.
Amendment 6 #
2019/2197(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the G20 Trade Ministers statements of 30March and 14 May 2020
Amendment 15 #
2019/2197(INI)
Motion for a resolution
Recital A
Recital A
A. whereas while significant parts ofthe first Parliament’s resolution of 30 May 2018 on the implementation of the Common Commercial Policy remain valobtained a wid,e some other parts need to be updated due to the new developments and configuration in international trade worldwide;upport on its approach towards a rules, value based and predictable trade system; whereas new developments since 2018, notably the implementation of the EU- Canada trade agreement and most recently the effects of the COVID19 pandemic on trade make necessary a throughout update of the previous report
Amendment 23 #
2019/2197(INI)
Motion for a resolution
Recital B
Recital B
B. whereas recent Eurobarometer figures show that around 60 % of the EU citizens believe that the EU’s trade policy brings benefits for them; whereas part of the public opinion is strongly vocal againstparts of the public opinion have different perception on trade policy and trade agreements; whereascalls on the Commission and the Member States must continue to develop a proper communication strategy on trade policy and trade agreements, which aims to tackle fake news on trade and to transmit as much information as possible, while targeting specific stakeholders and raising economic operators’ awareness about trade agreements;
Amendment 29 #
2019/2197(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas on 30 April the EU together with eighteen WTO members formally notified the ‘Multi-party interim appeal arbitration arrangement’ (MPIA) to the WTO; whereas this notification marks the start of the application of the MPIA to disputes arising between the participating WTO members in view of the stalemate of the Appellate Body (AB).
Amendment 34 #
2019/2197(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas on 14 March2020 the Commission adopted Implementing Regulation (EU) 2020/402 under an urgency procedure to make the export of personal protective equipment subject to export authorisation in line with Regulation (EU) 2015/479 as a temporary measure that serves to help the EU face the surge in demand and prepare the EU's operational capacity to help out third countries.
Amendment 38 #
2019/2197(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. whereas many countries impose tariffs on medical devices including patient monitors, diagnostic equipment and common medicines like antibiotics, painkillers, or insulin and virtually all countries charge import tariffs on soap; whereas tariffs have been exacerbated by the United States decision to impose additional duties on USD 370 billion in imports from China which include some aspects of PPE;
Amendment 41 #
2019/2197(INI)
Motion for a resolution
Recital B d (new)
Recital B d (new)
B d. whereas G20 Trade Ministers have committed to mitigate the impacts of COVID19 on international trade and investment by continuing to working together to deliver a free, fair, non discriminatory, transparent, predictable and stable trade and investment environment, and by keep our markets open to ensure the continued flow of vital medical supplies and equipment, critical agricultural products, and other essential goods and services across border.
Amendment 43 #
2019/2197(INI)
Motion for a resolution
Recital B e (new)
Recital B e (new)
B e. whereas 36 million jobs in the EU depend on exports outside the EU, out of which 13,7 million are occupied by women; whereas women are largely under-represented in extra-EU trade in the agricultural and manufacturing sectors; whereas only one in five exporting companies in the EU is led (i.e.owned and/or managed) by a woman and women account for 30% or less of the total workforce; calls on the EU and its Member States to include in ex-ante and ex-post impact assessments the country- specific and sector-specific gender impact of EU trade policy and agreements; stresses that the results of the gender- focused analysis should be taken into account in trade negotiations – considering both positive and negative impact throughout the whole process, from the negotiation stage to implementation – and should be accompanied by measures to prevent or compensate possible negative effects1a _________________ 1aEuropean Parliament resolution of 13 March 2018 on gender equality in EU trade agreements (2017/2015(INI).
Amendment 47 #
2019/2197(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that despite the difficult global economic climate, the EU recorded a surplus of €84.6 billion in trade in goods with its trade agreement partners, compared to its overall trade deficit with the rest of the world of about €24.6 billion; recalls that over 36 million jobs being supported by exports to outside of the EU; notes that significant aspects of the global context have been shifting and have proven to be unpredictable in the last two years; reiterates its support for a rules- based, predictable and fair trading system that needs to be safeguarded;
Amendment 54 #
2019/2197(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that since the Commission adopted its latest trade strategy in 2015, entitled ‘Trade for All’, the EU has concluded and started applying a number of new trade agreements, notably the EU- Canada Comprehensive Economic and Trade Agreement (CETA), the EU-Japan Economic Partnership Agreement (EPA); the EU-Singapore and the EU-Vietnam FTA's.
Amendment 63 #
2019/2197(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Insists that EU trade strategy must continue to promote human rights, EU interests and values when contending with new challenges worldwide in order to keep and increase the competitiveness of its industry; considers, therefore, that an ambitious multilateral, plurilateral and plurbilateral agenda, the conclusion of mutually balanced, win-win trade agreements and their effective implementation and the elimination of unjustified trade barriers constitute the best way to make the EU more competitive in a globalised world
Amendment 70 #
2019/2197(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that choices in our relationship with the two other trade superpowers, China and the USA, which represent approximately 30 % of our trade exchanges, are key when it comes to driving EU trade policy;
Amendment 81 #
2019/2197(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that it is a critical moment for multilateralism and for the globDeeply regrets the impasse of the WTO and the multilateral trading system;
Amendment 86 #
2019/2197(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for a substantive reform of on the Commission to work with the other WTO, based on members to carry forward an ambitious reform to modernisinge its rule- book in order to make it more effective by providing structural and long-term solutions; encoto ensure a true level playing field for trading companies, respectful of social and environmental standards; urages WTO members to reach an ambitious and balanced agreement on the long-standing issue of fishery subsidies during the ministerial summit in Nur-Sultan, Kazakhstan and send out a clear signal that the WTO is still able to deliver on its negotiating functionthe Commission, in this respect, to negotiate new rules to fight trade - distortive practices, including non market policies and practices, SOEs and industrial subsides, leading to overcapacity, forced technology transfer policies and practices;
Amendment 90 #
2019/2197(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Urges WTO members to reach an ambitious and balanced agreement on the long-standing issue of fishery subsidies during the next ministerial summit and send out a clear signal that the WTO is still able to deliver on its negotiating function new recalls the importance of functional dispute settlement arbitration court for EU industry; regrets the current impasse of the WTO dispute settlement body;
Amendment 92 #
2019/2197(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls for the adoption of a global catalogue of essential emergency healthcare products within the World Trade Organization (WTO) and the World Health Organization (WHO), in order to stop price speculation and facilitate their trade; strongly encourages all countries to join the WTO Pharmaceutical Tariff Elimination Agreement (Zero for Zero) and for its scope to be extended to all pharmaceutical and medicinal products to ensure worldwide cross-border trade; calls on WTO members to make this topic a priority on the agenda of the next WTO Ministerial Meeting;1b _________________ 1bEuropean Parliament resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (2020/2616(RSP))
Amendment 94 #
2019/2197(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Recalls that emergency trade measures designed to tackle COVID-19, if deemed necessary, must be targeted, proportionate, transparent, and temporary, and that they shall not create unnecessary barriers to trade or disruption to global supply chains, are consistent with WTO rules;
Amendment 96 #
2019/2197(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Welcomes the multi-party interim appeal arbitration arrangement (MPIA), a new system that will allow the EU, together with other participating WTO members, to over come the current paralysis of the WTO’s Appellate Body and solve trade disputes amongst themselves;
Amendment 97 #
2019/2197(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Welcomes the progress on negotiations for the Multilateral Investment Court; notes that the International Court System, ICS, is intended to be a stepping stone towards the MIC; regrets the extremely slow progress of Member States dismantling intra-EUBITs; urges the Commission to take action where appropriate;
Amendment 103 #
2019/2197(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes note ofDeeply regrets the dramatic change in the US trade strategy over the past three years, which is focused on bilateral trade and often legally questionable unilateral trade measures; takes note of the limited progress made towards implementing the joint US-EU Statement of 25 July 2018; stresses the importance of relaunching the EU-US talks on the basis of the existing negotiating mandates adopted in April 2019 by the Council;
Amendment 109 #
2019/2197(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that despite recent tensions in transatlantic relations, the EU should continue to work with the USA as a partner, with whom it has to find solutions to trade issues of common interest;, such as the effects of the extra-territorial application of laws adopted by the US, which are contrary to international law.
Amendment 116 #
2019/2197(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Invites the Commission to find negotiated solutions with the USA, which include the issue of civil aircraft subsidies, and to reach a deal to ending the illegal imposition of US steel and aluminium tariffs; recalls the agreement found on the allocation of higher share in the tariff rate quota for high-quality beef with the purpose of reducing tensions in transatlantic relations while safeguarding EU interests in the agricultural sector; recalls its previous calls on the US to withdraw the anti-dumping and countervailing duties on ripe olives from Spain.
Amendment 135 #
2019/2197(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages the Commission to negotiate an ambitious investment agreement, with an effective TSD chapter, which removes all barriers to EU investments, and looks forward to a conclusion of the negotiations by the end of 2020 as agreed in the EU-China Summit in 2019; firmly believes, however, that substance of the agreement should be prioritised over the speed of its conclusion;
Amendment 155 #
2019/2197(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Acknowledges the promising outcome presented in the Commission’s report regarding the implementation of free trade agreements (FTAs), in particular South Korea, Central and Latin America, Canada, Eastern partners, and African Caribbean and Pacific Group of States (ACP) countries; stresses that EU trade agreements have a clear track record of, in most cases, reaching their primary objective of creating significant opportunities for EU exporters on third- country trade markets;
Amendment 165 #
2019/2197(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Reiterates its concern over the poor use of preference utilisation in the EU’s FTAs; notes, in particular, a large divergence in utilisation by the EU’s exporters in different agreements and little divergence in utilisation between the EU’s importers; calls on the Commission to further analyse preference utilisation; highlights the importance of flexible, streamlined, and easy rules of origin in this regard; calls on the Commission together with the Member States to streamline work towards more effective trade promotion and communication strategies and to use the full potential of the EU Delegations around the world;
Amendment 178 #
2019/2197(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. CWelcomes the publication of the Joint Communication for a comprehensive EU-Africa Strategy; calls on the European Union to engage more with African countries in order to create an effective and solid partnership that would promote effectivesustainable economic development and growth in the African continent; stresses that the figures of the recent report of 10 February 2020 on the General Scheme of Preferences (GSP) covering the period 2018-2019 show an increase of the utilisation rate of the preferences by the countries benefitting from the scheme; calls on the Commission to increase its technical and economic aid for developing tradesupport via aid for trade measures between the EU and African countries as well as among the African countries themselves; notes in this regard that aid for trade should be a key component in trade relations with Africa in the aftermath of the COVID- 19crisis;
Amendment 197 #
2019/2197(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the entry into force of the EU-Singapore trade agreement of 21 November 2019; welcomes its consent onprogress towards implementation of the EU- Vietnam agreement and calls for its quick implementacontinued speedy progress, notably in the establishment of joint institutions and the ratification of outstanding core ILO Conventions; views these agreements as a step towards concluding an FTA with the entire Association of Southeast Asian Nations (ASEAN) region;
Amendment 210 #
2019/2197(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines its determination to establish the closest relationship possible with the United Kingdom, based on the principles regarding trade, investments and competitiveness, as set out in its resolution of 12 February 2020 on the proposed mandate for negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland7 ; notes that the Political Declaration of 17 October 2019 supported by the United Kingdom states that the future economic partnership will be underpinned by provisions ensuring a level playing field for open and fair competition, especially if no agreement if reached before the end of 2020; _________________ 7 Texts adopted, P9_TA(2020)0033.
Amendment 215 #
2019/2197(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Encourages the Commission to seize the momentum caused by the UK’s withdrawal to streamline our EU-policies, cut red tape and enhance competitiveness for EU companies and small and medium- sized enterprises (SMEs); stresses that the FTA should aim to allow for the closest possible market access and trade facilitation in order to minimise trade disruptions and to ensure a level playing field;
Amendment 221 #
2019/2197(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. WelcomNotes the conclusions of the trade negotiations with Mexico and the MERCOSUR counimportance of strengthening mutually beneficial trade and political relations with Latin America; stries, which have both the potential to deepen our strategic partnership with Latin America and to create additional opportunities in our trade relations with those countries; notes that such opportunses the importance of the recently concluded modernisation of the EU- Mexico Association agreement; notes that the association agreement with the Mercosur countries has not been concluded yet; invities would also give EU companies access to an increasingly growing market;the Commission to clarify its intention concerning future trade and association agreements on the issue of the split of the text.
Amendment 225 #
2019/2197(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Recalls its position expressed in its previous report on the implementation of the CCP; underlines that the 15-point action plan of 27 February 20188 set out by the Commission services represents a good basis for reflection in order to impropoints out that the new- generation agreements include human rights clauses and sustainable development chapters, to be implemented comprehensively in their entirety in order to safeguard and promote the observance of human rights, the Union’s values and high labour, social and environmental standards; notes the evaluation of the sustainable development chapters included in the Commission report on implementation of FTAs and calls for a timely implementation of existing TSD provisions; asks the Commission to develop a precise and specific methodology of monitoring and evaluating the implementation of these chapters, given the mechanisms in trade andat such an evaluation cannot be made on the basis of quantitative data only; calls on the Commission to present proposals on how to strengthen the enforcement of the sustainable development (TSD) chapters; _________________ 8 https://trade.ec.europa.eu/doclib/press/inde x.cfm?id=1803 in trade agreements, in light of the initiative launched by DG JUST for mandatory due diligence for EU companies, including the consideration of mandatory due diligence in EU trade agreements and a sanctions- based enforcement mechanism among other options.
Amendment 237 #
2019/2197(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. BWelievcomes that the current system already demonstrates some efficiency, as seen in the framework of the EU-Korea FTA in which the EU has requested the establishment of a panele establishment of a panel at the request of the EU under the EU-Korea FTA following South Korea’s failure to ratify International Labour Organisation (ILO) conventions on workers’ rights, notably on freedom of association and collective bargaining;
Amendment 242 #
2019/2197(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recalls that the early efforts of the Commission and Parliament in the trade negotiations with Mexico and Vietnam paid off withsuccessfully encouraged the ratification by both countries respectively in November 2018 and July 2019 of the ILO Convention 98 on the right to organise and collective bargaining; congratulates both countries for such an important step;
Amendment 247 #
2019/2197(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Believes that TSD chapters in trade agreements should drive the external dimension of the European Green Deal, and any new adjustment mechanism should be compatible with WTO rules as well as EU FTAs; stresses that EU companies that are users of intermediate goods should not be put at a competitive disadvantage;
Amendment 248 #
2019/2197(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Calls on EU leaders and the Commission to take bold decisions regarding the reform of the EU own resources system, including the introduction of a basket of new own resources; reaffirms its position, as set out in the MFF interim report, regarding the list of potential candidates for new own resources: a common consolidated corporate tax base, digital services taxation, a financial transaction tax, income from the emissions trading scheme, a plastics contribution and a WTO compatible carbon border adjustment mechanism;1c _________________ 1cEuropean Parliament resolution of 15 May 2020 on the new multiannual financial framework, own resources and the recovery plan (2020/2631(RSP))
Amendment 252 #
2019/2197(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Notes that the EU trade and investment policy should be used as leverage towards responsible management of supply chains, which include ensuring that businesses uphold human rightseffective due diligence in supply chains must be central to EU trade and investment policy in order to uphold human rights, labour rights and environmental standards and ensure access to justice; recalls that voluntary measures have been largely ineffective; welcomes commitments from the Commission that it will present a legislative proposal by 2021;
Amendment 267 #
2019/2197(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Recalls that the efforts to keep rules-based trade must play a crucial role in our trade strategy and in this context recalls the adoption on the modernisation of trade defence instruments in 2018, and the new foreign investment screening mechanism; stresses that the new foreign investment screening mechanism should never be a tool for protectionism; ;calls on the Commission for an effective TDIs enforcement to protect European industry from unfair market practices and for the evaluation and reinforcement of the safeguard instruments in order to make them more responsive to extraordinary circumstances and better adapted to protect European industry by effectively anticipating market disruptions from trade flow;
Amendment 275 #
2019/2197(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Calls on the Council for a rapid and swift agreement on the International Procurement Instrument in order to provide legal security, reciprocity and a level playing field to EU operators; calls for the inclusion of a global catalogue of essential emergency healthcare products to avoid in the future abuses by third country providers' in international trade during a global pandemic;
Amendment 281 #
2019/2197(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Points out that the share of trade in services in the overall trade picture is underestimated; stresses that the EU is by far the world’s biggest exporter of services and that services represent about 70 % %of the EU’s gross domestic product (GDP); highlights in particular the relative resilience of trade in services during the COVID-19 crisis and underlines its role in the economic recovery in Europe;
Amendment 285 #
2019/2197(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Underlines the need to facilitate international recovery efforts through open and fair trade including through digital trade which necessitates a permanent moratorium on customs duties on electronic transmissions and an advancement of WTO e-commerce negotiations;
Amendment 287 #
2019/2197(INI)
Motion for a resolution
Paragraph 35 b (new)
Paragraph 35 b (new)
35 b. Underlines that foreign direct investment into the EU and the acquisition of healthcare and other key infrastructure by foreign investors has the potential to harm EU efforts to address the COVID-19 pandemic in Europe; welcomes in this regard the Communication from the Commission on Guidance to the Member States ahead of the application of the FDI Screening Regulation; urges Member States which have not yet established a screening mechanism to do so urgently; further calls on all Member States to use all available tools to ensure effective mechanisms are in place to assess potential investment and acquisitions for threats to critical health infrastructure in the EU, and to take mitigating or blocking measures as needed;
Amendment 288 #
2019/2197(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Notes that SMEs account for approximately 30 % of the EU goods exports; supports the idea that a specific chapter on SMEs should be part of all proposed FTAs, as done in the EU-Japan agreement and Mexico, and that they should be included when revising existing FTAs; notes that trade barriers and bureaucracy are especially problematic for SMEs that cannot afford the extra work to overcome them; calls on the Commission to continue its efforts to support MSMEs, with specific focus on, and measures for women-led MSMEs; calls on the EU and its Member States to pay particular attention to the special circumstances of women-led MSMEs when establishing export help-desks, to take advantage of the possibilities created by FTAs and to strengthen services, technologies and infrastructures (such as access to internet) that are of particular importance to the economic empowerment of women and women-led MSMEs; calls on the Commission to help set up partnerships between female entrepreneurs in the EU and their counterparts in developing countries1d _________________ 1dEuropean Parliament resolution of 13 March 2018 on gender equality in EU trade agreements (2017/2015(INI))
Amendment 8 #
2019/2131(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to ensure that EU competition policy promotes fair competition and reciprocal trading conditions at EU and global level with the further aim of strengthening our own industry in the EU; calls, therefore, for unfair trading practices to be addressed effectively by making full use of the available instruments, developing new, effective tools and tackling the distortive effects of foreign state ownership and subsidies in the internal market, in particular where EU funding is involved; welcomes, against this backdrop, the new Commission’s intention to strengthen the foreign direct investment screening mechanism, and calls for discussions on the EU’s international procurement instrument to be resumed;
Amendment 9 #
2019/2131(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Points out the need to reduce persisting asymmetries in international public procurement markets and calls on the Commission to show ambition in opening foreign markets to EU companies, especially SMEs; welcomes the renewed discussions on the EU's international procurement instrument (IPI) and asks for its adoption by 2020 in order to guarantee reciprocity where trade partners restrict their access to their procurement market;
Amendment 10 #
2019/2131(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls, moreover, on the Commission either to further enhance global cooperation on competition matters or to ensure fair conditions for competition via bilateral trade agreements and in international foruman international level playing field, agree on common standards and procedures via bilateral trade agreements and in international forums, such as OECD, UNCTAD, WTO, World Bank; asks the Commission to be active in strenghtening the International Competition Network (ICN) and highlights the importance of an effective cooperation with national competition authorities from third countries in order to increase the effectiveness of specific investigations; fully supports the Commission’s efforts in the context of the ongoing World Trade Organisation (WTO) reform to update the multilateral rules on subsidies or sectoral initiatives to adequately address subsidies at international level, in particular on industrial subsidies, state owned enterprises and forced technology transfers, in order to redress non market- oriented policies and practices of third countries;
Amendment 16 #
2019/2131(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. CWelcomes the presence of specific competition chapters in recently concluded bilateral trade and investment agreements and calls on the Commission to continue negotiating ambitious, enforceable competition and State aid provisions in all future trade agreements as part of a holistic and ambitious EU trade policy;
Amendment 18 #
2019/2131(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to ensure that competition rules are compatible with the moderna fast changing global economy and best serve European consumers by fully taking into account the impact of the digitalisation of the economy on how global markets operate; welcomes, in this context, the ongoing plurilateral WTO e-commerce negotiations toacknowledges that online platforms are key enablers of digital trade but highlights, in particular, that the emergence of digital economy has led to excessive market and power concentration; stresses the need to focus on key issues such as access to and portability of data, role and presence of platforms in the markets, technological neutrality; welcomes, in this context, the ongoing plurilateral WTO e-commerce negotiations and calls for a comprehensive and ambitious set of rules to address digital trade barriers, ensure that companies can compete worldwide on a level playing field based on global trading rules.and to enhance consumer's trust in online environment;
Amendment 22 #
2019/2131(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes the growing debate on the relation between EU competition rules, industrial policy and international trade; asks the Commission to examine whether is appropriate to modernise or to update the interpretation of targeted competition rules, without hampering competition on relevant European markets, in order to better take into account the distorsive effects created by state-backed or subsidised companies, which could create long-term market conditions detrimental to European consumers and to the competitiveness of EU businesses;
Amendment 24 #
2019/2131(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the Commission to properly analyse and study the public procurement markets of the third countries with which it has -or is negotiating - a Free Trade Agreement, in order to negotiate the best access conditions for European companies
Amendment 27 #
2019/2131(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Stresses that the effective implementation of the sustainable development provisions of trade agreements is important for ensuring a race to the top of environmental and social standards, protecting EU businesses from unfair competition, where such standards are not met by our trading partners; in this perspective, welcomes the introduction of environmental and social criteria in the reform of anti-subsidy and anti-dumping measures;
Amendment 28 #
2019/2131(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Calls on the Commission that the Directorates-General involved - DG Trade and DG Competence - act in coordination to ensure that the competition rules and their implementation guarantee fair competition to European companies in third markets, and vice versa.
Amendment 30 #
2019/2131(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Highlights the importance of incorporating a gender based perspective both at multilateral and bilateral level, including gender chapters in trade agreements and designing gender sensitive measures (i.e. include in ex-ante and ex-post impact assessment the gender impact of the EU trade policy and agreements) to boost competition and promote inclusive economic growth.
Amendment 17 #
2019/0273(COD)
Draft legislative resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to opinion 2/15 of the European Court of Justice,
Amendment 18 #
2019/0273(COD)
Proposal for a regulation
Citation 1 a (new)
Citation 1 a (new)
- having regard to opinion 2/15 of the European Court of Justice,
Amendment 19 #
2019/0273(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
Amendment 20 #
2019/0273(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Dispute settlement provisions, including in regional and bilateral trade agreements, might lack the specificity necessary to adjudicate disputes effectively, necessitating a reliance on this Regulation.
Amendment 44 #
2019/0273(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a a (new)
Article 1 – paragraph 1 – point 1 – point a a (new)
Regulation (EC) No 654/2014
Article 3 – paragraph 1 – point a b (new)
Article 3 – paragraph 1 – point a b (new)
(aa) the following point (ab) is inserted: (ab) In the event of the adoption by commercial policy measures by a third country that nullify or impair the commercial interests of the Union and constitute a clear breach of international law and which the Union has challenged at the WTO;
Amendment 47 #
2019/0273(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b a (new)
Article 1 – paragraph 1 – point 1 – point b a (new)
Regulation (EC) No 654/2014
Article 3 – paragraph 1 – point b c
Article 3 – paragraph 1 – point b c
(ba) the following point (bc) is inserted: (bc) In trade disputes relating to other international trade agreements, including regional or bilateral agreements, if adjudication is not possible, including because of lack of specificity of provisions, leading to a non-functioning dispute settlement procedure.
Amendment 52 #
2019/0273(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 654/2014
Article 4 – paragraph 2 – point b b
Article 4 – paragraph 2 – point b b
(bb) where measures are taken to restrict the trade with a third country in situations under Article 3(aa) or Article 3(bb), such measures shall be commensurate to the nullification or impairment of the Union’s commercial interests caused by the measures of that third country and, as much as possible, provide relief to the Union’s sectors affected;
Amendment 56 #
2019/0273(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) No 654/2014
Article 4 a (new)
Article 4 a (new)
(2a) The following article shall be inserted : Article 4a Request by the European Parliament or Member States 1. The European Parliament or Member States may ask the Commission to adopt or take appropriate steps to adopt the implementing acts referred to in Article 4. 2. If the European Parliament or a Member State decides to make use of the possibility referred to in paragraph 1, it shall supply the Commission with any evidence of cases referred to in Article 3 that nullifies or impairs the commercial interests of the Union. 3. After the receipt of a request, the Commission shall inform the European Parliament and Member States without delay of how it intends to follow up on the request.
Amendment 16 #
2018/0358M(NLE)
Motion for a resolution
Recital H
Recital H
H. whereas the agreement builds on the investment protection provisions included in the EU-Canada Comprehensive Economic and Trade Agreement (CETA), which was ratified by Parliament on 15 February 2017; emphasises that the new public Investment Court System was integrated into the already finalised CETA agreement by the European Parliament's efforts, thereby replacing the old private ISDS-system.
Amendment 40 #
2018/0358M(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the agreement guarantees that EU investors in Vietnam will get fair and equitable treatment and will suffer no discrimination in relation to Vietnamese investors; notes that the agreement properly protects EU investors from illegitimate expropriation; regrets that protection against discriminatory measures does not go hand-in-hand with obligations for investors to exercise due diligence with regard to sustainable business practices in compliance with human rights and international labour conventions as well as environmental standards.
Amendment 44 #
2018/0358M(NLE)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that the ICS plans to establish a Permanent Investment Tribunal of First Instance and an Appeal Tribunal, whose members will have to possess comparable qualifications to those held by judges of the International Court of Justice, and will have to demonstrate expertise in public international law and not just commercial law, in addition to satisfying strict rules of independence, impartiality, integrity and ethical behaviour through a binding code of conduct designed to prevent direct or indirect conflicts of interests; stresses that the European Court of Justice sees the ICS in full compliance with EU law as expressed in opinion 1/17 of the Court.
Amendment 55 #
2018/0358M(NLE)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the EU-Vietnam Investment Protection Agreement (EVIPA) does not contain a separate trade and sustainable development (TSD) chapter, as the latter applies to investment by virtue of the EU-Vietnam Free Trade Agreement (EUVFTA) that liberalises it; stresses that the EVIPA also contains a provision establishing a legal link to the PCA, as well as specific references in its preamble to the TSD values and principles as enshrined in the EUVFTA and to the Universal Declaration of Human Rights; underlines that the Parties and investors must respect all relevant international human rights standards and obligations; stresses the responsibilities of investors according to the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights;
Amendment 31 #
2018/0356M(NLE)
Motion for a resolution
Recital D
Recital D
D. whereas Vietnam joined the WTO in 2007 and is now one of the most open and pro-free trade economies in the world, as shown by its 16 trade agreements with 56 countries; recognises that the EU and Vietnam continue to have widely differing stances on political and civil rights, the recommendations of international human rights bodies concerning Vietnam as well as the implementation of said recommendations; recognises that freedom of expression is restricted in Vietnam.
Amendment 100 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the improved access under this agreement to Vietnamese public procurement in line with the Government Procurement Agreement (GPA), as Vietnam is not yet a member of the GPA; underlines that the government procurement chapter of the EVFTA achieves a degree of transparency and procedural fairness comparable to other FTAs that the EU has signed with developed and more advanced developing countries; underlines that the agreement must not restrict the political room for manoeuvre in procurements when it comes to setting requirements on what is to be procured and demands on e.g. environment, labour and employment conditions;
Amendment 120 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the EU and Vietnam to set up a clear action plan to help SMEs make use of the opportunities offered by the agreement, starting by increasing transparency and disseminating all the relevant information;
Amendment 122 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that the agreement safeguards the EU’s right to apply its own standards to all goods and services sold in the EU and upholds the EU’s precautionary principle; underlines that the EU’s high standards, including in national laws, regulations and collective agreements, should never be seen as trade barriers;
Amendment 136 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Welcomes the commitments made by Vietnam in the TSD chapter of the Agreement but calls for additional efforts in order to demonstrate effective progress and the full implementation of commitments therein, inter alia, by giving evidence of tangible action aiming at eradicating persecution of community leaders, including human rights defenders, environmental activists and workers' rights activists;
Amendment 137 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Regrets that the efforts to improve the enforceability of the TSD chapter, as repeatedly called for by the European Parliament and also mentioned in the mission letter for the new EU Trade Commissioner, are not yet reflected in this agreement. Calls on the Joint Committee to immediately begin work on strengthening the enforcement of TSD provisions.
Amendment 139 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Recalls that Article 8 in the Treaty of 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”; welcomes that both Vietnam and the EU have signed the WTO Buenos Aires Declaration on Women and Trade and calls on the Parties to put in value and practice the responsibilities undertaken therein, by strengthening and improving the commitments on gender and trade in this agreement; recalls the Commission´s engagement to include Gender Chapters in future EU trade agreements; is aware that this commitment was taken after the Free Trade Agreement with Vietnam was concluded, notwithstanding, calls on the EU and Vietnam to commit themselves to evaluate its implementation on the basis of gender disaggregated data and to include a specific Chapter on Gender and Trade in its future review;
Amendment 141 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Calls for the establishment of a Joint Committee of the Vietnamese National Assembly and the European Parliament to improve coordination and review of the measures of the TSD chapter and the implementation of the agreement as a whole, welcomes the favourable position of the Chairperson of the National Assembly of Vietnam towards this call for action and calls for a Memorandum of Understanding between both parliaments to be negotiated rapidly.
Amendment 142 #
2018/0356M(NLE)
11c. Calls the EU and Vietnam to cooperate to develop an action plan, accompanied by available EU programmes, to fight child labour, including the necessary due diligence framework for enterprises;
Amendment 144 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the concrete steps taken by the Vietnamese Government so far, including amending labour legislation and the legal framework on the minimum age at work, aimed at abolishing child labour and making commitments on non- discrimination and gender equality at work; encourages the Vietnamese National Assembly to finalise these steps as announced at the end of November 2019
Amendment 159 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Encourages the Parties to make full use of the provisions for cooperation on improving animal welfare and on capacity building for the development of high animal welfare standards; calls on the Parties to develop an action plan for the cooperation on animal welfare as soon as possible;
Amendment 160 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses the central role of implementing decrees in the implementation of the revised labour code and ratified ILO conventions, stresses the European Parliament's willingness to engage in an active dialogue on this issue and calls on the EU to support necessary capacity building measures.
Amendment 164 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the commitment to effectively implement multilateral environmental agreements such as the Paris Agreement on climate change, and to act in favour of the conservation and sustainable management of wildlife, biodiversity and forestry; recalls that the Agreement provides for specific measures to fight against Illegal, Unreported and Unregulated fishing (IUU) and to promote a sustainable and responsible fishery sector, including aquaculture; recognises in this context the yellow card Vietnam has been given as well as the measures already taken to improve the situation; calls for further action in line with the findings of the November 2019 review mission.
Amendment 168 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the commitment to effectively implement multilateral environmental agreements such as the Paris Agreement on climate change, and to act in favour of the conservation and sustainable management of wildlife, biodiversity and forestry; underlines the importance of both Parties’ effective implementation of the Paris Agreement and of cooperation on these matters; recalls that the Agreement provides for specific measures to fight against Illegal, Unreported and Unregulated fishing (IUU) and to promote a sustainable and responsible fishery sector, including aquaculture;
Amendment 192 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that the involvement of civil society in monitoring the implementation of the agreement is crucial, and calls for the swift establishment of domestic advisory groups following the entry into force of the agreement and for the balanced representation of civil society therein;therein, including independent organisations from the labour and environmental sectors; supports the efforts of civil society organisations in Vietnam to develop proposals in this regard and will support capacity building efforts; calls on the government of Vietnam to swiftly begin preparations for the establishment of DAGs.
Amendment 195 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that the involvement of independent civil society and social partners in monitoring the implementation of the agreement is crucial, and calls for the swift establishment of domestic advisory groups following the entry into force of the agreement and for the balanced representation of civil society thereiindependent, free and diverse civil society organisations therein, including representatives for organisations for human rights, labour rights and environmental protection;
Amendment 201 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Renews its concerns regarding the implementation of the new Cyber security Act, specifically on localisation and disclosure requirements as well as the protection of personal data. Welcomes the willingness to engage in an intensive dialogue, including the commitment of the Chairperson of the National Assembly of Vietnam to include both parliaments in the discussion and deliberation of the implementing decrees.
Amendment 206 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Acknowledges the institutional and legal link between the FTA and the PCA, which ensures that human rights are placed at the core of the EU-Vietnam relationship; urges the Parties to make full use of the agreements in order to improve the urgent human rights situation in Vietnam; underlines the importance of an ambitious Human Rights Dialogue between the EU and Vietnam;
Amendment 212 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses that the agreement has already fostered changes in many areas through dialogue and sees the agreement as the basis for further improvements for the people through dialogue.
Amendment 1120 #
2018/0228(COD)
Proposal for a regulation
Annex I – Part III – point 1 – table – Core network corridor “Mediterranean”
Annex I – Part III – point 1 – table – Core network corridor “Mediterranean”
Core network corridor "Mediterranean" Alignment Algeciras – Bobadilla –Madrid – Zaragoza – Tarragona Zaragoza – Teruel – Valencia/Sagunto Valencia – Madrid Sevilla – Bobadilla – Murcia Cartagena – Murcia – Valencia – Tarragona/Palma de Mallorca – Barcelona Tarragona – Barcelona – Perpignan – Marseille – Genova/Lyon – Torino – Novara – Milano – Bologna/Verona – Padova – Venezia – Ravenna/Trieste/Koper – Ljubljana – Budapest Ljubljana/Rijeka – Zagreb – Budapest – UA border Pre- Cross- Lyon – Torino: base tunnel and access Rail identified border routes sections Nice – Ventimiglia Trieste – Divača Ljubljana – Zagreb Zagreb – Budapest Budapest – Miskolc – UA border Lendava – Letenye Road Vásárosnamény – UA border Missing Perpignan – Montpellier Rail link Koper – Divača Rijeka – Zagreb Milano – Cremona – Mantova – Porto Inland Levante/Venezia – Ravenna/Trieste waterways
Amendment 308 #
2018/0224(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) To deliver scientific, economic and societal impact in pursuit of this general objective, the Union should invest in research and innovation through Horizon Europe - a Framework Programme for Research and Innovation 2021-2027 (the ‘Programme’) to support the creation and diffusion of high-quality knowledge and technologies, to strengthen the impact of research and innovation in developing, supporting and implementing Union policies, to support the uptake of innovative solutions in industry and society to address globsocietal challenges and promote industrial competitiveness; to foster all forms of innovation, including breakthrough innovation, non- technological innovation, social innovation, design and creativity, and strengthen market deployment of innovative solutions; and optimise the delivery of such investment for increased impact within a strengthened European Research Area.
Amendment 318 #
2018/0224(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Open Science, Open Innovation, Open to the World constitute general principles, which should ensure excellence and impact of the Union's investment in research and innovation. They should be adhered in the implementation of the Programme, in particular for the strategic planning in respect of the pillar 'GlobSocietal Challenges and Industrial Competitiveness'.
Amendment 325 #
2018/0224(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Open science, including open access to scientific publications and research data, has the potential to increase the quality, impact and benefits of science and to accelerate the advancement of knowledge by making it more reliable, more efficient and accurate, better understandable by society and responsive to societal challenges. Provisions should be laid down to ensure that beneficiaries provide open access to peer-reviewed scientific publications, research data and other research outputs in an open and non- discriminatory manner, free of charge and as early as possible in the dissemination process, and to enable their widest possible use and re-use. More emphasis should in particular be given to the responsible management of research data, which should comply with the FAIR principles of ‘Findability’, ‘Accessibility’, ‘Interoperability’ and ‘Reusability’, notably through the mainstreaming of Data Management Plans. Where appropriate, bBeneficiaries should make use of the possibilities offered by the European Open Science Cloud and adhere to further open science principles and practices.
Amendment 342 #
2018/0224(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) The focus towards the citizen has been identified as a central goal for Horizon Europe. Therefore, the engagement with society will not only be allowed in Horizon Europe but fostered by different means. In this context, Horizon Europe fosters responsible research and innovation as a cross- cutting element looking for building effective cooperation between science and society. It allows all societal actors (researchers, citizens, policy makers, business, third sector organisations etc.) to work together during the whole research and innovation process in order to better align both the process and its outcomes with the values, needs and expectations of European society.
Amendment 361 #
2018/0224(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The pillar 'GlobSocietal 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.
Amendment 366 #
2018/0224(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Full eEngagement 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 the creation of sustainable jobs and growth. 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 and should accomplish with the Barcelona Conclusions13a that state that overall spending on R&D and innovation in the Union should be increased with the aim of approaching 3% of GDP by 2010 and where two-thirds of this investment should come from the private sector. __________________ 13 13a http://ec.europa.eu/invest-in- research/pdf/download_en/barcelona_eur opean_council.pdf
Amendment 383 #
2018/0224(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The Programme should support research and innovation in an integrated manner, respecting all relevant provisions of the World Trade Organisation. The concept of research, including experimental development should be used in accordance with the Frascati Manual developed by the OECD, whereas the concept of innovation should be used in accordance with the Oslo Manual developed by the OECD and Eurostat, following a broad approach that covers social innovation, design and creativity. The OECD definitions regarding Technological Readiness Level (TRL) should continue, as in the previous Framework Programme Horizon 2020, to be taken into account in the classification of technological research, product development and demonstration activities, and the definition of types of action available in calls for proposals. In principle grants should not be awarded for actions where activities go above TRL 8. The work programme for a given call under the pillar 'GlobSocietal Challenges and Industrial Competitiveness' could allow grants for large-scale product validation and market replication.
Amendment 395 #
2018/0224(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The Programme should seek synergies with other Union programmes, from their design and strategic planning, to project selection, management, communication, dissemination and exploitation of results, to monitoring, auditing and governance. With a view to avoiding overlaps and duplication and increasing the leverage of Union funding, transfers from other Union programmes to Horizon Europe activities can take place. In such cases they will follow Horizon Europe rule drafted rules should be compatible and take into account State Aids provisions.
Amendment 417 #
2018/0224(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) SME should be at the centre of the Pilar III. According to Eurostat data1a, SME make up over 99 % of all enterprises in all EU countries and in Norway. They account for around two-thirds of total employment, ranging from 53 % in the United Kingdom to 86 % in Greece. SME contribute 57 % of value added in the EU. SME are thus a very important part of the European economy. __________________ 1a http://ec.europa.eu/eurostat/statistics- explained/index.php/Statistics_on_small_ and_medium-sized_enterprises
Amendment 419 #
2018/0224(COD)
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) Horizon Europe is the largest public R&D funding program in the world and should be, as far as the industry is concerned, mainly focused on SME. The definition of SME should be updated to ease their access to public support as mentioned in Resolution of the European Parliament on the definition of SME to prevent larger players from attempting to create artificial corporate structures to take advantage of the SME definition, which would lead to a system in which the available support is wrongly and more widely distributed and hence not available to SME in need.
Amendment 430 #
2018/0224(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The EIC through its instruments – Pathfinder and Accelerator – should aim at identifying, developing and deploying breakthrough market creating technological and social innovations and supporting their rapid scale-up to EU and international levels. Through coherent and streamlined support to breakthrough innovation the EIC should fill the current vacuum in public support and private investment for breakthrough innovation. The instruments of the EIC call for dedicated legal and management features in order to reflect its objectives, in particular market deployment activities for both, technological and social innovations.
Amendment 435 #
2018/0224(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Through EIC blended finance, the Accelerator should bridge the “valley of death” between research, pre-mass commercialisation and the scaling-up of companies. In particular, the Accelerator should provide support to operations presenting such technological or market risks that they are not considered as bankable and cannot leverage significant investments from the market, hence complementing the InvestEU programme established by Regulation …15 .. Notwithstanding, 75 % of the budget allocated to EIC will be in the form of grants. There are many SME (i.e. newly created spin off and start ups) without economic history that allow them to be recipients of a loan. __________________ 15
Amendment 438 #
2018/0224(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The dedicated SME instrument created under Regulation No 1291/2013 shall continue to provide staged and seamless support to innovative SME. The SME instrument shall be targeted at innovative SME showing a strong ambition to develop, grow and internationalise. It shall be provided for incremental innovation, including service, non-technological and social innovations, given each activity has a clear European added value.
Amendment 440 #
2018/0224(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The EIT, primarily through its Knowledge and Innovation Communities (KICs), should aim at strengthening innovation ecosystems that tackle globsocietal challenges, by fostering the integration of business, research, higher education and, design, entrepreneurship, civil society and citizens. The EIT should foster innovation in its activities and should support the integration of higher education within the innovation ecosystem, in particular by: stimulating entrepreneurial education, fostering strong non- disciplinary collaborations between industry and, academia and society; and identifying prospective skills for future innovators to address globsocietal challenges, which includes advanced digital and innovation skills. Support schemes provided by the EIT should benefit to EIC beneficiaries, while start-ups emerging from EIT KICs should have access to EIC actions. While the EIT’s focus on innovation ecosystems should make it naturally fit within the pillar 'Open Innovation', the planning of its KICs should be aligned through the strategic planning process with the pillar 'Glob Societal Challenges and Industrial Competitiveness'. KICs should also put a focus on the integration of social entrepreneurship and social innovation skills, and should seek to create greater diversity and inclusion of stakeholders in the R&I community.
Amendment 452 #
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 globsocietal challenges, as embodied in the UN SDGs, and to support the Union's external policies. An approach of general opening for international participation and targeted international cooperation actions 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.
Amendment 460 #
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 ProgrammeHorizon and through a dedicated activitiesprogramme 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. The programme should also seek to remove barriers and boost synergies between science, technology, design, culture and the arts to obtain a new quality of sustainable innovation.
Amendment 462 #
2018/0224(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Pursuant to Article 349 of the TFEU, the Union's outermost regions are entitled to specific measures (taking into account their structural, social and economic situation) regarding access to horizontal Union programmes. The Programme should therefore take into account the specific characteristics of those regions in line with the Commission's Communication on 'A stronger and renewed strategic partnership with the EU's outermost regions' (COM (2017) 623 final) as endorsed by the Council on 12 April 2018. Less developed regions will be also considered in some parts of Horizon Europe as for example in the Sharing Excellence Programme. The criteria for selecting these regions should consider criteria of European Structural and Investment Funds and the Innovation Scoreboard regional indicator15a. __________________ 15a http://ec.europa.eu/growth/industry/innov ation/facts-figures/regional_en
Amendment 465 #
2018/0224(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) So far, none of the sectors, apart from the advisory sector, has the minimum percentage of 40 % of women has been reached. Greater effort is needed on gender equality. Cross-cutting gender mainstreaming should be implemented as gender equality should be seen and understood as being necessary to a more unified society and wealth through the inclusion of greater knowledge and other viewpoints and needs. The following actions should be thus undertaken: using gender as a tiebreaker criterion in case of the same score of proposals as well as the coordination by women of projects; assessing the gender impact of the proposals; and comprising gender perspective in their design of proposals (for example, clinical trials are mainly carried out with men when women have a different physiological response, and new technologies are also tested normally with men). An obligation on equal pay between men and women should be among the principles for the implementation of the programme.
Amendment 468 #
2018/0224(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) In light of the specificities of the defence industry sector, that will fall outside the scope of Horizon Europe, the detailed provisions for Union funding to defence research projects should be fixed in the Regulation … establishing the European Defence Fund16 which defines the rules of participation for defence research. Research and innovation activities carried out under the European Defence Fund should have an exclusive focus on defence applications and will count on a specific budget allocation different form the Horizon Europe allocation. __________________ 16
Amendment 476 #
2018/0224(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) The Horizon Europe funding cannot be a substitute for national and regional funding, but should serve as a lever to promote investment in R&D and to increase public and private investments in research and development to 3 % of GDP. A stimulus for this could be that national investment in R&D is not accounted for as investment in relation to deficit objectives. Private sector investment is also a need in order to reach 3% of GDP in R&D.
Amendment 509 #
2018/0224(COD)
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50a) The dissemination of Horizon Europe and of science should reach all citizens, with special emphasis on young people, as a way to promote science among young people starting from early stages of schooling.
Amendment 525 #
2018/0224(COD)
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54a) The degree of participation of large industry (through loans, grants or at their own cost) will be determined depending on the extent of the European Added Value of the project and its potential to be a driving force for SME, while considering the specificities and needs of each sector.
Amendment 538 #
2018/0224(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) “open science” represents a new approach to the scientific process based on cooperative work and new ways of diffusing knowledge by using digital technologies and new collaborative tools.
Amendment 539 #
2018/0224(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 b (new)
Article 2 – paragraph 1 – point 3 b (new)
(3b) “responsible research and innovation” is characterised as a process for better aligning research and innovation with the values, needs and expectations of society, implying particularly close cooperation between all stakeholders in the following: science education, public engagement, access to research results and the application of new knowledge in full compliance with gender and ethics considerations.
Amendment 553 #
2018/0224(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Amendment 566 #
2018/0224(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 25
Article 2 – paragraph 1 – point 25
(25) “Horizon Europe or EIC blended finance” means a single financial support to an innovation and market deployment action, consisting in a specific combination of a grant or aplus a follow-on reimbursable advance with an investment in equity;
Amendment 569 #
2018/0224(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 25 a (new)
Article 2 – paragraph 1 – point 25 a (new)
(25a) “citizen engagement” refers to activities, events, or interactions characterized by mutual learning—not one-way transmission from “experts” to publics—among people of varied backgrounds, scientific expertise, and life experiences who articulate and discuss their perspectives, ideas, knowledge, and values. Goals for science engagement in addition to mutual learning include civic engagement skills and empowerment, increased awareness of the cultural relevance of science, and recognition of the importance of multiple perspectives and domains of knowledge to scientific endeavours.
Amendment 588 #
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 globsocietal challenges, including the Sustainable Development Goals.
Amendment 605 #
2018/0224(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) to support the creation and diffusion of high-quality new knowledge, skills, technologies and solutions to globsocietal challenges;
Amendment 619 #
2018/0224(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) to strengthen the impact of research and innovation in developing, supporting and implementing Union policies, and support the uptake of innovative solutions in industry and society to address globsocietal challenges;
Amendment 626 #
2018/0224(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) to foster all forms of innovation, including breakthrough innovation, non-technological and social innovation, the design and creativity, and strengthen market deployment and/or exploitation of innovative solutions;
Amendment 650 #
2018/0224(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d a (new)
Article 3 – paragraph 2 – point d a (new)
(da) to respond to societal needs and values by programming and developing responsible research and innovation, through the engagement and co-creation with citizens.
Amendment 658 #
2018/0224(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d b (new)
Article 3 – paragraph 2 – point d b (new)
(db) to contribute to the equitable development of the EU, its society and between regions.
Amendment 672 #
2018/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2 – introductory part
Article 4 – paragraph 1 – point 2 – introductory part
(2) Pillar II 'GlobSocietal Challenges and Industrial Competitiveness', pursuing the specific objective set out in Article 3(2)(b) and also supporting the specific objectives set out in Article 3(2)(a) and (c), with the following components:
Amendment 684 #
2018/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2 – point b
Article 4 – paragraph 1 – point 2 – point b
(b) cluster 'Inclusive and Secure Society';
Amendment 687 #
2018/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2 – point b a (new)
Article 4 – paragraph 1 – point 2 – point b a (new)
(ba) cluster ‘Secure Society’
Amendment 709 #
2018/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 3 – point a a (new)
Article 4 – paragraph 1 – point 3 – point a a (new)
(aa) SME Instrument for incremental innovation;
Amendment 712 #
2018/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 3 – point a b (new)
Article 4 – paragraph 1 – point 3 – point a b (new)
(ab) Young Innovators and Talent Return;
Amendment 722 #
2018/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 4 – point b a (new)
Article 4 – paragraph 1 – point 4 – point b a (new)
(ba) citizens in science.
Amendment 757 #
2018/0224(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The implementation of the specific programme29 shall be based on a transparent and strategic multiannual planning of research and innovation activities, in particular for the pillar 'GlobSocietal Challenges and Industrial Competitiveness', following consultations with stakeholders about priorities and the suitable types of action and forms of implementation to use. This shall ensure alignment with other relevant Union programmes. __________________ 29 … …
Amendment 778 #
2018/0224(COD)
Proposal for a regulation
Article 6 – paragraph 9 a (new)
Article 6 – paragraph 9 a (new)
9a. The Programme shall also ensure the participation of citizens and citizens representatives in all key phases of the programming process, including problem formulation, work programme drafting and topic design and the relevant groups and committees as well as in all evaluation panels, in order to define the necessary social innovations in all pillars.
Amendment 784 #
2018/0224(COD)
Proposal for a regulation
Article 6 – paragraph 9 b (new)
Article 6 – paragraph 9 b (new)
9b. Wherever relevant, funded research projects shall have a public engagement plan with a clear and articulated approach, going beyond the traditional communication and dissemination plan. Innovative approaches towards the recognition of citizens potential in science shall be promoted. Particular attention shall be paid to ensuring appropriate experts in evaluation panels and other relevant bodies.
Amendment 788 #
2018/0224(COD)
Proposal for a regulation
Article 6 – paragraph 9 c (new)
Article 6 – paragraph 9 c (new)
9c. Funded research projects shall include a gender impact study and ensure that the results of the research do not generate inequalities.
Amendment 799 #
2018/0224(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Missions shall be programmed within the pillar 'GlobSocietal Challenges and Industrial Competitiveness', but may also benefit from actions carried out within other parts of the Programme.
Amendment 899 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The financial envelope for the implementation of the Framework Programme for the period 2021 – 2027 shall be EUR 94 1120 000 000 000 in curreonstant prices for the specific programme referred to in Article 1(3)(a) and, in addition, the amount for the specific programme referred to in Article 1(3)(b), as laid down in Regulation…. establishing the European Defence Fund.
Amendment 919 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – introductory part
Article 9 – paragraph 2 – point a – introductory part
(a) EUR 25 834 600 000 000 for Pillar I 'Open Science' for the period 2021-2027, of which
Amendment 927 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – point 1
Article 9 – paragraph 2 – point a – point 1
(1) EUR 16 69 400 000 000 for the European Research Council;
Amendment 930 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – point 2
Article 9 – paragraph 2 – point a – point 2
(2) EUR 6 811 300 000 000 for Marie Skłodowska-Curie Actions;
Amendment 937 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – point 3
Article 9 – paragraph 2 – point a – point 3
(3) EUR 2 43 900 000 000 for research infrastructures;
Amendment 952 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – introductory part
Article 9 – paragraph 2 – point b – introductory part
(b) EUR 52 760 300 000 000 for Pillar II 'Global Challenges and Industrial Competitiveness' for the period 2021-2027, of which
Amendment 958 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point 1
Article 9 – paragraph 2 – point b – point 1
(1) EUR 7 710 400 000 000 for cluster 'Health';
Amendment 967 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point 2
Article 9 – paragraph 2 – point b – point 2
(2) EUR 21 800 000 000 for cluster 'Inclusive and Secure Society';
Amendment 971 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point 2 a (new)
Article 9 – paragraph 2 – point b – point 2 a (new)
(2a) EUR 2 300 000 000 for cluster 'Secure Society';
Amendment 979 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point 3
Article 9 – paragraph 2 – point b – point 3
(3) EUR 15 0500 000 000 for cluster 'Digital and Industry';
Amendment 989 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point 4
Article 9 – paragraph 2 – point b – point 4
(4) EUR 15 08 100 000 000 for cluster 'Climate, Energy and Mobility';
Amendment 1014 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c – introductory part
Article 9 – paragraph 2 – point c – introductory part
(c) EUR 13 55 700 000 000 for Pillar III 'Open Innovation' for the period 2021- 2027, of which
Amendment 1023 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c – point 1
Article 9 – paragraph 2 – point c – point 1
(1) EUR 10 59 200 000 000 for the European Innovation Council, including up to EUR 500 000 000 for European Innovation Ecosystems;
Amendment 1027 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c – point 1 a (new)
Article 9 – paragraph 2 – point c – point 1 a (new)
(1a) EUR 3 000 000 000 for the "SME Instrument for incremental innovation";
Amendment 1031 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c – point 1 b (new)
Article 9 – paragraph 2 – point c – point 1 b (new)
(1b) EUR 500 000 000 for the "Young Innovators and Talent Return"
Amendment 1040 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point d – introductory part
Article 9 – paragraph 2 – point d – introductory part
(d) EUR 2 19 400 000 000 for Part 'Strengthening the European Research Area' for the period 2021-2027, of which
Amendment 1047 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point d – point 1
Article 9 – paragraph 2 – point d – point 1
(1) EUR 1 78 500 000 000 for 'sharing excellence';
Amendment 1060 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point d – point 2 a (new)
Article 9 – paragraph 2 – point d – point 2 a (new)
(2a) EUR 500 000 000 for ‘citizens in science’
Amendment 1099 #
2018/0224(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Open access to scientific publications resulting from research funded under the Programme shall be ensured in accordance with Article 35(3). Open access to research data shall be ensured in line with the principle 'as open as possible, as closed as necessary'and open access to data and to R&D results shall be promoted. Open access to other research outputs shall be encouraged.
Amendment 1101 #
2018/0224(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Responsible management of research data shall be ensured in line with the principles ‘Findability’, ‘Accessibility’, ‘Interoperability’ and ‘Reusability’ (FAIR) and reciprocity between the public and private sector.
Amendment 1148 #
2018/0224(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b
Article 14 – paragraph 1 – subparagraph 2 – point b
(b) activities intended to modify the genetic heritage of human beings which could make such changes heritable30 , different from the objective of medical treatment or prevention of human diseases; __________________ 30 Research relating to cancer treatment of the gonads can be financed.
Amendment 1172 #
2018/0224(COD)
Proposal for a regulation
Article 15 – paragraph 6 a (new)
Article 15 – paragraph 6 a (new)
6a. Specific advancements in the ethics area will be also fostered by specific research, in order to advance the state-of- the-art on the area.
Amendment 1205 #
2018/0224(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. For all actions, except for EIC Pathfinder transition activities, the content of the calls for proposals shall be included in the work programme.
Amendment 1210 #
2018/0224(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 1218 #
2018/0224(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. The work programme shall specify calls for which "Seals of Excellence" will be awarded. With prior authorisation from the applicant, iInformation concerning the application and the evaluation may be shared with interested financing authoritiesprovided to the programme committee and national representatives may share it with financing authorities with R&I competences in their country, subject to the conclusion of confidentiality agreements.
Amendment 1254 #
2018/0224(COD)
Proposal for a regulation
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
3a. All proposals shall have a gender impact assessment.
Amendment 1255 #
2018/0224(COD)
Proposal for a regulation
Article 25 – paragraph 3 b (new)
Article 25 – paragraph 3 b (new)
3b. Gender balance and women coordinators of projects shall be one of the ranking factors to prioritise proposals above threshold with the same scores.
Amendment 1256 #
2018/0224(COD)
Proposal for a regulation
Article 25 – paragraph 3 c (new)
Article 25 – paragraph 3 c (new)
3c. The quality of the impact of projects shall be key in the evaluation beyond the excellence of the centre.
Amendment 1258 #
2018/0224(COD)
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1 – introductory part
Article 26 – paragraph 1 – subparagraph 1 – introductory part
The evaluation will be blind, to guarantee the focused o excellence. Proposals shall be evaluated by the evaluation committee which may be :
Amendment 1267 #
2018/0224(COD)
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1 – indent 2 a (new)
Article 26 – paragraph 1 – subparagraph 1 – indent 2 a (new)
– composed 50% by women and 50% by men;
Amendment 1290 #
2018/0224(COD)
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. The transparency of the evaluation criteria and of the proposal scoring shall be guarantee.
Amendment 1344 #
2018/0224(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1
Article 34 – paragraph 1 – subparagraph 1
Beneficiaries shall own the public or private results they generate. They shall ensure that any rights of their employees or any other parties in relation to the results can be exercised in a manner compatible with the beneficiaries’ obligations in accordance with the terms and conditions laid down in the grant agreement.
Amendment 1346 #
2018/0224(COD)
Proposal for a regulation
Article 35 – title
Article 35 – title
Amendment 1375 #
2018/0224(COD)
Proposal for a regulation
Article 35 – paragraph 7 a (new)
Article 35 – paragraph 7 a (new)
7a. Whenever possible, the beneficiaries will include public engagement and science education as a goal for communication and dissemination.
Amendment 1376 #
2018/0224(COD)
Proposal for a regulation
Article 35 – paragraph 7 b (new)
Article 35 – paragraph 7 b (new)
7b. Beneficiaries will include concrete actions to spread knowledge and disseminate the programme among young people starting from early stages of schooling.
Amendment 1396 #
2018/0224(COD)
Proposal for a regulation
Article 37 – paragraph 5 – subparagraph 2
Article 37 – paragraph 5 – subparagraph 2
In actions under the cluster ‘Inclusive and sSecure Society’, area of intervention ‘Protection and Security’, beneficiaries having received Union funding shall also grant access to their results on a royalty- free basis to Member States' national authorities, for developing, implementing and monitoring their policies or programmes in that area. Access shall be limited to non-commercial and non- competitive use and shall be granted upon bilateral agreement defining specific conditions aimed at ensuring that those rights will be used only for the intended purpose and that appropriate confidentiality obligations will be in place. The requesting Member State, Union institution, body, office or agency shall notify all Member States of such requests.
Amendment 1409 #
2018/0224(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. EIC blended finance shall be implemented in accordance with Article 43. The support under the EIC blended finance may be granted until the action can be financed as a blending operation or as a financing and investment operation fully covered by the EU guarantee under InvestEU. By derogation from Article 209 of the Financial Regulation, the conditions laid down in paragraph (2) and, in particular, paragraph (a) and (d), do not apply at the time of the award of EIC blended finance
Amendment 1410 #
2018/0224(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
Amendment 1420 #
2018/0224(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. The beneficiary of the EIC Accelerator shall be a legal entity qualifying as a start-up, an SME or as a mid-cap or as an SME, established in a Member State or associated country. The proposal mayshall be submitted by the beneficiary, or by one or more natural persons or legal entities intending to establish or support that beneficiary.
Amendment 1421 #
2018/0224(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. A single award decision shall cover and provide funding for all forms of Union contribution provided under EIC blended financeprovide a grant of at least 70% of the total eligible costs.
Amendment 1422 #
2018/0224(COD)
Proposal for a regulation
Article 43 – paragraph 2 a (new)
Article 43 – paragraph 2 a (new)
2a. During the execution of that grant, a second award decision may provide funding for the other forms of Union contribution provided under EIC blended finance.
Amendment 1423 #
2018/0224(COD)
Proposal for a regulation
Article 43 – paragraph 2 b (new)
Article 43 – paragraph 2 b (new)
2b. EIC Accelerator support should be limited to €5 million maximum per operation, considering together the grant plus the financial part.
Amendment 1441 #
2018/0224(COD)
Proposal for a regulation
Article 43 a (new)
Article 43 a (new)
Article 43a SME Instrument for incremental innovation 1. A dedicated SME instrument targeted at SME with an innovation potential shall be continued under a single centralised management system and implemented primarily in a bottom-up manner through a continuously open call tailored to the needs of SME, as a continuation of the SME instrument set down in the Regulation (EU) No 1291/2013, focused on incremental innovation.
Amendment 1469 #
2018/0224(COD)
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
3. The Commission shall also establish a dissemination and exploitation strategy for increasing the availability and diffusion of the Programme’s research and innovation results and knowledge to accelerate exploitation towards market uptake and boost the impact of the Programmethe uptake in the market, the public sector and the civil society and boost the impact of the Programme, ensuring that the results of the research do not end up being a factor for social inequality. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union as well as information, communication, publicity, dissemination and exploitation activities as far as they are related to the objectives referred to in Article 3.
Amendment 1495 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 1 – paragraph 1 – introductory part
Annex I – point 1 – paragraph 1 – introductory part
Through the following activities, this pillar will, in line with Article 4, support the creation and diffusion of high-quality knowledge skills, technologies and solutions to globsocietal challenges. It will also contribute to the other Programme's specific objectives as described in Article 3.
Amendment 1516 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 2 – introductory part
Annex I – point 2 – introductory part
(2) Pillar II 'GlobSocietal Challenges and industrial competitiveness'
Amendment 1523 #
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, and support the uptake of innovative solutions in industry and society to address globsocietal challenges. It will also contribute to the other Programme's specific objectives as described in Article 3.
Amendment 1541 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 2 – paragraph 4 – point a – paragraph 1
Annex I – point 2 – paragraph 4 – point a – paragraph 1
Areas of intervention: Health throughout the life course; Environmental and social health determinants; Non-communicable and rare diseases; Infectious diseases; Tools, technologies and digital solutions for health and care; Health care systems; Cancer; Cardiovascular diseases; Precision Medicine
Amendment 1546 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 2 – paragraph 4 – point b – introductory part
Annex I – point 2 – paragraph 4 – point b – introductory part
(b) Cluster 'Inclusive and secure society': Strengthening European democratic values, including rule of law and fundamental rights, safeguarding our cultural heritage, and promoting socio- economic transformations that contribute to inclusion and growth, while responding to the challenges arising from persistent security threats, including cybercrime, as well as natural and man-made disasters.
Amendment 1551 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 2 – paragraph 4 – point b – paragraph 1
Annex I – point 2 – paragraph 4 – point b – paragraph 1
Areas of intervention: Democracy; Cultural heritage; Social and economic transformations; Disaster-resilient societies; Protection and Security; CybersecurGender equality
Amendment 1559 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 2 – paragraph 4 – point b a (new)
Annex I – point 2 – paragraph 4 – point b a (new)
(b a) Cluster 'Secure society': Responding to the challenges arising from persistent security threats, including cybercrime, as well as natural and man- made disasters. Areas of intervention: Disaster-resilient societies; Protection and Security; Cybersecurity
Amendment 1596 #
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, oceans and Blue Economy; Food systems; Bio- based innovation systems; Circular systems
Amendment 1607 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 3 – paragraph 1 – point a – paragraph 1
Annex I – point 3 – paragraph 1 – point a – paragraph 1
Areas of intervention: Pathfinder, supporting future and emerging breakthrough technologies and innovations; Accelerator, bridging the financing gap between late stages of innovation activities and market take-up, to effectively deploy breakthrough market- creating innovation and scale up companies where the market does not provide viable financing, and; additional activities such as prizes and fellowships, and business added-value services.
Amendment 1613 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 3 – paragraph 1 – point a a (new)
Annex I – point 3 – paragraph 1 – point a a (new)
Amendment 1614 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 3 – paragraph 1 – point a b (new)
Annex I – point 3 – paragraph 1 – point a b (new)
(ab) Young Innovators and Talent return: developing innovation and research career among young people through the existing incubators, scientific and technological parks. Areas of intervention: creating entrepreneurial fabric with young entrepreneurs/genioses with an innovative idea using the existing incubators and science and technology parks; return of talented young people that have an ambitious project, providing them with an espace in scientific or technological park or incubators to address the specific needs of young people; collaborating with universities and vocational schools and helping to integrate entrepreneurship education and research capabilities into the education systems starting from early stages of schooling, demonstrating the value of research and business incubation to young people; building up capacities and helping young thinkers and innovators with their innovative ideas.
Amendment 1620 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 3 – paragraph 1 – point c – paragraph 1
Annex I – point 3 – paragraph 1 – point c – paragraph 1
Areas of intervention: Strengthen sustainable innovation ecosystems across Europe; Fostering the development of entrepreneurial and innovation skills, including design, in a lifelong learning perspective and support the entrepreneurial transformation of EU universities; Bring new solutions to global societal challenges to the market; Synergies and value added within Horizon Europe.
Amendment 1628 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 4 – paragraph 1
Annex I – point 4 – paragraph 1
Through the following activities, this part will, in line with Article 4, optimise the Programme's delivery for increased impact within a strengthened European Research Area. It will also support the Programme's other specific objectives as described in Article 3. While underpinning the entire Programme, this part will support activities that contributebuild effective and sustained cooperation between science and society, combat fake news, recruit new talent for science and innovation, promote gender equality and pair scientific excellence with excellence in science engagement and with social awareness and responsibility. It will contribute to an increased scientific, technical and media literate society, to a more knowledge-based and innovative and gender-equal Europe, at the front edge of global competition, thereby optimising national strengths and potential across Europe in a well- performing European Research Area (ERA), where knowledge and a highly skilled workforce circulate freely, where the processes and the outcomes of R&I are understood and trusted by informed citizens and benefit society as a whole,shared with society for its benefit and where EU policy, notably R&I policy, is based on high quality scientific evidence.
Amendment 1636 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 4 – paragraph 2
Annex I – point 4 – paragraph 2
Areas of intervention: Sharing Excellence; Reforming and enhancing the European R&I system; Citizens in Science.
Amendment 1641 #
2018/0224(COD)
Proposal for a regulation
Annex II – paragraph 2 – indent 1
Annex II – paragraph 2 – indent 1
– Research and innovation action: action primarily consisting of activities aiming to establish new knowledge and/or to explore the feasibility of a new or improved technology, product, process, service or solution. This may include basic and applied research, technology development and integration, design, testing and validation on a small-scale prototype in a laboratory or simulated environment;
Amendment 1653 #
2018/0224(COD)
Proposal for a regulation
Annex II – paragraph 2 – indent 9
Annex II – paragraph 2 – indent 9
– Coordination and support action: action contributing towards the objectives of the Programme, excluding research and innovation activities, such as standardisation, dissemination, awareness- raising and communication, science engagement and science education activities, networking, coordination or support services, policy dialogues and mutual learning exercises and studies;
Amendment 1658 #
2018/0224(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a – introductory part
Annex III – paragraph 1 – point 1 – point a – introductory part
(a) Evidence that the European Partnership is more effective in achieving the related objectives of the Programme, in particular in delivering clear impacts for the EU and its citizens, notably in view of delivering on globsocietal challenges and research and innovation objectives, securing EU competitiveness and contributing to the strengthening of the European Research and Innovation Area and international commitments;
Amendment 1713 #
2018/0224(COD)
Proposal for a regulation
Annex IV – point 6 – point b
Annex IV – point 6 – point b
(b) research and innovation needs related to digital aspects are identified and established in the Programme's strategic research and innovation plans; this includes research and innovation for High Performance Computing, Artificial Intelligence, Cybersecurity, combining digital with other enabling technologies and non-technological innovations; support for the scale-up of companies introducing breakthrough innovations (many of which will combine digital and physical technologies; the integration of digital across all the pillar 'GlobSocietal Challenges and Industrial Competitiveness'; and the support to digital research infrastructures;
Amendment 67 #
2012/0060(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) It is also imperative that, in view of an appropriate integration of environmental, social and labour requirements, contracting authorities take relevant measures to ensure compliance with obligations in the fields of environmental, social and labour law that apply at the place where the works are executed and result from international obligations, laws, regulations, decrees and decisions, at both national and Union level, as well as from collective agreements.
Amendment 100 #
2012/0060(COD)
Proposal for a regulation
Article 1 – paragraph 5 a (new)
Article 1 – paragraph 5 a (new)
5a. Member States shall take appropriate measures to ensure that in the performance of public contracts economic operators comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Annex X of the Directive 2014/24/EU and of the Paris Agreement.
Amendment 104 #
2012/0060(COD)
Proposal for a regulation
Title 1
Title 1
Amendment 108 #
2012/0060(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 111 #
2012/0060(COD)
(6) Within the context of the WTO and through its bilateral relations, the Union advocates an ambitious opening of international public procurement markets of the Union and its trading partners, in a spirit of reciprocity and mutual benefit.
Amendment 114 #
2012/0060(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The plurilateral WTO Agreement on Government Procurement and EU trade agreements that include provisions on procurement provide for market access for Union economic operators only to the procurement markets of third countries that are parties to these agreements.
Amendment 117 #
2012/0060(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) If thea third country concerned is a Party to the WTO Agreement on Government Procurement or has concluded a trade agreement with the EU that includes provisions on public procurement, the Commission should follow the consultation mechanisms and/or dispute settlement procedures set out in thatose agreements when the restrictive practices relate to procurement covered by market access commitments undertaken by the country concernedat third country towards the Union.
Amendment 121 #
2012/0060(COD)
(8) Many third countries are reluctant to open their public procurement and their concessions markets to international competition, or to open those markets further than what they have already done. As a result, Union economic operators face restrictive procurement practices in many of the trading partners of the Union. Those restrictive procurement practices result in the loss of substantial trading opportunities.
Amendment 125 #
2012/0060(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Regulation (EU) No 654/2014 of the European Parliament and of the Council174 lays down rules and procedures in order to ensure the exercise of the Union's rights under international trade agreements concluded by the Union. No such rules and procedures exist for the treatment of economic operators, goods and services not covered by such international agreements. _________________ 174 Regulation (EU) No 654/2014 of the European Parliament and of the Council of 15 May 2014 concerning the exercise of the Union's rights for the application and enforcement of international trade rules and amending Council Regulation (EC) No 3286/94 laying down Community procedures in the field of common commercial policy in order to ensure the exercise of the Community’s rights under international trade rules, in particular those established under the auspices of the World Trade Organization (OJ L 189, 27.6.2014, p. 50.)
Amendment 130 #
2012/0060(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In the interest of legal certainty for Union and third-country economic operators, contracting authorities and contracting entiternational market access commitments undertaken by the Union towards third countries in the field of procurement and concessions require, inter alia, the equal treatment of economic operators from those countries. Consequently, measures adopted under this Regulation can only apply to economic operators, goods or services from countries that are not parties to the plurilateral WTO Agreement on Government Procurement or to bilateral or multilateral trade agreements with the Union that include commitments on access to procurement and concessions markets, or from countries that are parties, the international market access commitments undertaken by the Union towardso such agreements but only regarding procurement procedures for goods, services or concessions that are not covered by those agreements. Irrespective of the application of measures adopted under this Regulation, and in accordance with the Communication from the Commission of 24 July 2019 on ‘Guidance on the participation of third- countries in the field of public procurement and concessions should be reflected in the legal order of the EU, thy bidders and goods in the EU procurement market’ and with Directives 2014/23/EU, 2014/24/EU and 2014/25/EU of the European Parliament and of the Council, economic operators from third countries which do not have any agreement providing for the opening of the Union’s procurement market or whose goods, services and works are not covered by ensuring effective application thereof. such an agreement, do not have secured access to procurement procedures in the Union and could be excluded.
Amendment 136 #
2012/0060(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The objeffectives of application of any measure adopted under this Regulation with a view to improving the access of Union economic operators to the public procurement and concessions markets of certain third countries protected by restrictive and discriminatory procurement measures or practices and of preserving equal conditions of competition within the internal market require to refer to the non-preferential rules of origin established in the EU customs legislation, so that contracting authorities and contracting entities know whether goods and services are covered by the international commitments of the Unionrequires a clear set of rules of origin for economic operators, goods and services.
Amendment 138 #
2012/0060(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The origin of a good should be determined in accordance with Article 22s 59 to 262 of Council Regulation (EECU) No 2913/199218 952/20135 of the European Parliament and of the Council. _________________ 18Council 5Regulation (EECU) No 2913/1992 of 12 October 1992 establishing the Community952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 302, 9.10.1992269, 10.10.2013, p. 1)
Amendment 140 #
2012/0060(COD)
(14) The origin of a service should be determined on the basis of the origin of the natural or legal person providing it. The origin of a legal person should be considered to be the country under the laws of which a legal person is constituted or organised and in the territory of which the legal person is engaged in substantive business operations. The criterion of substantive business operations should not allow the potential circumvention of any measure adopted under this Regulation by the creation of letterbox companies. The term ‘substantive business operations’ is a concept used in the WTO General Agreement on Trade in Services. In Union law it is equivalent to the term ‘effective and continuous link with the economy’ and is closely linked to the right of establishment set out in Article 49 of the Treaty on the Functioning of the European Union. The Commission regularly publishes guidelines based on the case law related to the right of establishment, addressing, inter alia, the concept of effective or stable and continuous link with the economy. Article 86 of Directive 2014/25/EU also refers to the concept of “direct and effective link with the economy” which is equivalent to the concept of ‘substantive business operations’.
Amendment 142 #
2012/0060(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 147 #
2012/0060(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 158 #
2012/0060(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) When assessing whether restrictive and/or discriminatory procurement measures or practices exist in a third countryspecific measures or practices exist in a third country that could result in the impairment of access of Union goods, services or economic operators to the procurement or concession markets, the Commission should examine to what degree laws on public, rules or other measures on procurement and concessions of the country concerned ensure transparency in line with international standards in the field of public procurement, and do not result in serious and preclude any discriminaurring restrictions against Union goods, services andor economic operators. In addition, it should examine to what degree individual contracting authorities or contracting entities maintain or adopt discriminatoryrestrictive practices against Union goods, services andor economic operators.
Amendment 167 #
2012/0060(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The Commission should be able, on its own initiative or at the application of interested parties or a Member State, to initiate at any time an investigation into restrictive procurement measures or practices allegedly adopted or maintained by a third country. . Such investigative procedures should be without prejudice to Regulation (EU) No 654/2014 of the European Parliament and of the Council , if it considers that such an investigation is in the interest of the Union.
Amendment 172 #
2012/0060(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) The determination whether an investigation is in the interest of the Union should be based on an appreciation of all the various interests taken as a whole, including the interests of the domestic industry, users, consumers, workers and social partners. The Commission is in any case responsible of determining the interest of the Union, and should weigh up the consequences of starting an investigation against its impact, and the potential measures that could be adopted under this Regulation on EU’s broader interests. The general objective of opening third-country markets and improving market access opportunities for Union economic operators should be taken into account. The objective of limiting any unnecessary administrative burden for contracting authorities and contracting entities as well as economic operators should also be taken into account.
Amendment 176 #
2012/0060(COD)
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) Given the overall policy objective of the Union to support the economic growth of least developed countries (LDCs) and their integration into global value chains, it would not be in the Union’s interest to start an investigation against such countries under this Regulation, unless there are reasonable indications of circumvention of any adopted IPI measures. Consequently, this Regulation is not intended to apply to LDCs benefitting from the "Everything But Arms" arrangement as defined in Regulation (EU) No 978/2012.
Amendment 183 #
2012/0060(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) If the existence of a restrictive and/or discriminatory procurement measure or practice in a third country is confirmedWhen conducting the investigation, the Commission should invite the third country concerned to enter into consultations with a view to eliminating any restrictive measures or practices and improving the tendering opportunities for Union economic operators, goods and services in respect of public procurementregarding procurement and concessions markets in that country.
Amendment 185 #
2012/0060(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) If the investigation confirms the existence of restrictive measures or practices and the consultations with the country concerned do not lead to sufficient satisfactory corrective actions that result in improvements to the tendering opportunities for Union economic operators, goods and services within a reasonable timeframe, the Commission, where appropriate, should be able to adopt, where appropriate, price adjustment measure applying to tenders submitted by economic operators originating in that country and/or including goods and services originating in that country under this Regulation measures (‘IPI measures’) in the form of a score adjustment or of exclusion of tenders.
Amendment 193 #
2012/0060(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) SuchA score adjustment measures should be applied only for the purpose of the evaluation of tenders comprising goods or servicesubmitted by economic operators originating in the country concerned. To avoid circumvention of those measures, it may also be necessary to target certain foreign-controlled or owned legal persons that, although established in the European Union, are not engaged in substantive business operations that have a direct and effective link withIt should not affect the price actually due to be paid under the economy of at least one Member State . Appropriate measures should not be disproportionate to the restrictive procurement practices to which they respondtract to be concluded with the successful tenderer.
Amendment 197 #
2012/0060(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) IPI measures should apply to procurement procedures falling under the scope of this Regulation, including framework agreements and dynamic purchasing systems. IPI measures should also apply in the case of specific contracts awarded under a dynamic purchasing system, when those dynamic purchasing systems were subject to an IPI measure. However, they should not apply to such contracts below a certain threshold with a view to limiting the overall administrative burden for contracting authorities and contracting entities. In order to avoid a possible double application of IPI measures, such measures should not apply to contracts awarded based on a framework agreement, once they have already been applied at the stage of concluding that framework agreement.
Amendment 200 #
2012/0060(COD)
Proposal for a regulation
Recital 23 b (new)
Recital 23 b (new)
(23b) In the light of the overall policy objective of the Union to support small and medium-sized enterprises (SMEs), the Commission and contracting authorities and contracting entities should duly consider the effects of this Regulation, with a view to preventing an overburdening of SMEs. The Commission in cooperation with the Member States should make available guidelines for best practices to achieve this objective, in order to ensure the efficiency of this Regulation and the consistency of its implementation.
Amendment 202 #
2012/0060(COD)
Proposal for a regulation
Recital 23 c (new)
Recital 23 c (new)
(23c) To avoid possible circumvention of an IPI measure, it will also be necessary to impose additional contractual obligations on any successful tenderer. Those obligations should apply only in case of procurement procedures to which an IPI measure is applicable, as well as to contracts awarded based on a framework agreement where such contracts are equal or above a certain threshold and when that framework agreement was subject to an IPI measure.
Amendment 205 #
2012/0060(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 213 #
2012/0060(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 217 #
2012/0060(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 225 #
2012/0060(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) It is imperative that contracting authorities and contracting entities have access to a range of high-quality products meeting their purchasing requirements at a competitive price. Therefore contracting authorities and contracting entities should be able not to apply price adjustment, on an exceptional basis, not to apply IPI measures limiting access of non- covered goods and services in casef there are no Union and/or covered goods or services available which meet the requirements of the contracting authority or contracting entity or where such action relates to safeguarding essential public policy needs, for example in the fields of health andregarding public safeecurity, or where the application of the measure would lead to a disproportionate increase in the price or costs of the contractpublic health emergencies.
Amendment 229 #
2012/0060(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In case of misapplication of IPI measures by contracting authorities or contracting entities of exceptions to price adjustment measures limiting access of non-covered goods and services, the Commission should be able to apply the corrective mechanism of Article 3 of, which negatively affects the chances to participate in the procurement procedure of economic operators having such a right, Council Directives 89/665/EEC20 or Article 8 of Council Directive 92/13/EEC21 . In addition, contracts concluded with an economic operator by contracting authorities or contracting entiti and 92/13/EEC should be applicable. The affected economic operator could therefore initiate a review procedure according to the national law implementing these Directives, in violation of price adjustment measures limiting access of non-covered goods and services should be ineffectivef, for example, a competing economic operator should have been excluded. The Commission should also be able to apply the corrective mechanism according to Article 3 of Council Directive 89/665/EEC19 or Article 8 of Council Directive 92/13/EEC20. _________________ 2019Council Directive 89/665/EEC on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ L 395, 30.12.1989, p. 33). 2120Council Directive 92/13/EEC coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 76, 23.3.1992, p. 14).
Amendment 233 #
2012/0060(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The examination procedure should be used for the adoption of implementing acts regarding the adoption, withdrawal, or suspension or reinstatement of a the price adjustment measuren IPI measure and the Commission should be assisted by the Committee set up under the Trade Barriers Regulation. If necessary and for matters affecting the Union’s legal framework on public procurement, the Commission may also seek the advice of the Advisory Committee on Public Procurement established by Council Decision 71/306/EEC.
Amendment 235 #
2012/0060(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) Information received pursuant to this Regulation should only be used for the purpose for which it was requested and with due respect to the applicable Union and national data protection and confidentiality requirements. Regulation (EC) No 1049/2001 as well as Article 28 of Directive 2014/23/EU, Article 21 of Directive 2014/24/EU and Article 39 of Directive 2014/25/EU, should apply accordingly.
Amendment 238 #
2012/0060(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Regular reporting by the Commission should make it possible to monitor the applicaIn line with the Interinstitutional Agreement of 13 April 2016 on Better Law-Making9a and with a view, inter alia, to reduce administrative burdens, in particular on Member States, the Commission should regularly review the scope, functioning and efficiency of the procedures established by this Regulationis Regulation. The Commission should report on its assessment to the European Parliament and the Council. The review may be followed up by appropriate legislative proposals.
Amendment 241 #
2012/0060(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 242 #
2012/0060(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) It is also imperative that, in view of an appropriate integration of environmental, social and labour requirements, Member States take relevant measures to ensure compliance with obligations in the fields of environmental, social and labour law that apply at the place where the works are executed and result from international obligations, laws, regulations, decrees and decisions, at both national and Union level, as well as from collective agreements.
Amendment 244 #
2012/0060(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Regulation establishes measures intended to improve the access of Union economic operators, goods and services to the public procurement and concessions markets of third countries, in respect of non-covered procurement. It lays down procedures for the Commission to undertake investigations into alleged restrictive and discriminatory procurement measures or practices adopted or maintained by third countrithird country measures or practices against Union economic operators, goods and services, and to enter into consultations with the third countries concerned.
Amendment 248 #
2012/0060(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
Amendment 252 #
2012/0060(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 256 #
2012/0060(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 260 #
2012/0060(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. The application of this Regulation shall be without prejudice to any international obligations of the Union or measures that Member States and their contracting authorities and contracting entities may take in accordance with the acts mentioned in paragraph 2.
Amendment 262 #
2012/0060(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Amendment 268 #
2012/0060(COD)
Proposal for a regulation
Article 1 – paragraph 5 a (new)
Article 1 – paragraph 5 a (new)
5a. This Regulation shall apply only to procurement procedures launched after its entry into force. An IPI measure shall only apply to procurement procedures which are covered by the IPI measure and have been launched at any moment between the entry into force of that IPI measure and its expiry, withdrawal or suspension. A reference to the application of this Regulation and any applicable IPI measure shall be included by contracting authorities and contracting entities in the procurement documents for procedures falling within the scope of an IPI measure.
Amendment 269 #
2012/0060(COD)
Proposal for a regulation
Article 1 – paragraph 5 b (new)
Article 1 – paragraph 5 b (new)
5b. Member States shall take appropriate measures to ensure that in the performance of public contracts economic operators comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Annex X of the Directive 2014/24/EU and of the Paris Agreement.
Amendment 270 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) 'economic operator' means any natural or legal person or public entity or group of such persons and/or entities, including any temporary association of undertakings, which submits a tender for the ex economic operator as defined in Direcution of works and/or a work, the supply of goods or the provision of services on the marketves 2014/23/EU, 2014/24/EU and 2014/25/EU respectively;
Amendment 274 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
Amendment 277 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a b (new)
Article 2 – paragraph 1 – point a b (new)
(ab) 'estimated value’ means estimated value as calculated in accordance with Directives 2014/23/EU, 2014/24/EU and 2014/25/EU respectively;
Amendment 278 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a c (new)
Article 2 – paragraph 1 – point a c (new)
(ac) 'score adjustment measure’ means the relative diminution by a given percentage of the score of a tender resulting from its evaluation by a contracting authority or a contracting entity on the basis of the contract award criteria defined in the procurement documents. For the purposes of contract award criteria, Member States shall integrate environmental, social and labour requirements that apply at the place where the works are executed and result from international obligations, laws, regulations, decrees and decisions, at both national and Union level, as well as from collective agreements. In cases where price or cost is the only contract award criterion, the score adjustment measure means the relative increase, for the purpose of the evaluation of tenders, by a given percentage of the price offered by a tenderer;
Amendment 281 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘contracting authority’ means ‘a contracting authority’ as defined in Article 2(1) of Directive 2014/24/EUDirectives 2014/23/EU, 2014/24/EU and 2014/25/EU respectively;
Amendment 282 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘contracting entity’ means a 'contracting entity' as defined in Article 4(1) of Directive 2014/25/EU and Article 7 of Directive 2014/23/EU ;
Amendment 284 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
Amendment 286 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
Amendment 290 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘restrictive and/or discriminatory procurementthird country measure or practice’ means any legislative, regulatory or administrative measure, procedure or practice, or combination thereof, adopted or maintained by public authorities or individual contracting authorities or contracting entities in a third country, that result in a serious and recurrent impairment of access of Union goods, services and/or economic operators to the public procurement or concession market of that countrys.
Amendment 291 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f a (new)
Article 2 – paragraph 1 – point f a (new)
(fa) ‘IPI measure’ means a measure adopted by the Commission in accordance with this Regulation limiting the access of economic operators and/or goods and services originating in the third country to the Union procurement or concessions market in the area of non-covered procurement;
Amendment 293 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f b (new)
Article 2 – paragraph 1 – point f b (new)
(fb) ‘non-covered procurement’ means procurement procedures for goods, services or concessions regarding which the Union has not undertaken market access commitments in an international agreement in the field of procurement or concessions;
Amendment 296 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f c (new)
Article 2 – paragraph 1 – point f c (new)
(fc) ‘contract’ means public contracts as defined in Directive 2014/24/EU, concessions as defined in Directive 2014/23/EU and supply, works and service contracts as defined in Directive 2014/25/EU;
Amendment 297 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f d (new)
Article 2 – paragraph 1 – point f d (new)
(fd) ‘tenderer’ means a tenderer as defined in Directives 2014/23/EU, 2014/24/EU and 2014/25/EU respectively;
Amendment 299 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
(ga) 'to subcontract’ means to arrange with a third party to execute part of a contract. The simple delivery of goods or parts necessary for the execution of a service is not considered to be subcontracting. When that delivery of goods or parts represents more than 10% of the total value of the contract, the delivery will be considered as 'subcontracting‘.
Amendment 301 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 303 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) 'Union interest' means a determination as to whether the Union's interest calls for intervention shall be based on an appreciation of all the various interests taken as a whole, including the interests of the domestic industry and users and consumers. Measures may not be applied where the authorities, on the basis of all the information submitted, can clearly conclude that it is not in the Union's interest to apply such measures. (See mutatis mutandis Article 21 Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (codification))
Amendment 304 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) ‘Evidence’ means any information, certificate, supporting document, statement and other means of proof aimed at proving compliance with the obligations set out in Art. 7.1 (c). This may refer to: (i) certificates of origin, supplier declarations or import declarations for goods originating in third countries; (ii) description of manufacturing processes (including samples, descriptions or photographs) for goods to be supplied; and (iii) extract of relevant registers or of financial statements for the origin of services, including a VAT identification number;
Amendment 308 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. For the purpose of this Regulation, except for Articles 5(3) and 5(7), the execution of works and/or a work within the meaning of Directives 2014/253/EU, 2014/24/EU and Directive 2014/235/EU shall be considered as the provision of a service.
Amendment 310 #
Amendment 312 #
2012/0060(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 314 #
2012/0060(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 315 #
2012/0060(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) in the case of a natural person, the country of which the person is a national or where hethat person has a right of permanent residence;
Amendment 318 #
2012/0060(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b – point i
Article 3 – paragraph 3 – point b – point i
(i) if the service is not provided through a commercial presence within the Union, the country under the laws of which the legal person is constituted or otherwise organised and in the territory of which the legal person is engaged in substantive business operations, entailing a direct and effective link with the economy of the country concerned;
Amendment 320 #
2012/0060(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b – point ii
Article 3 – paragraph 3 – point b – point ii
Amendment 322 #
2012/0060(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
Amendment 324 #
2012/0060(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3
Article 3 – paragraph 3 – subparagraph 3
Amendment 326 #
2012/0060(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3 a (new)
Article 3 – paragraph 3 – subparagraph 3 a (new)
Where an economic operator is a group of natural or legal persons and/or public entities, and at least one of such persons or entities originates from the third country whose economic operators and goods and services are subject to the IPI measure, the IPI measure shall equally apply to tenders submitted by that group. This shall not apply in cases in which such persons' or entities' participation in a group amounts to less than 15% of the value of the tender in question, unless that person or entity is necessary for fulfilling the majority of at least one of the selection criteria in a procurement procedure.
Amendment 327 #
2012/0060(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3 b (new)
Article 3 – paragraph 3 – subparagraph 3 b (new)
Contracting authorities or contracting entities may at any time during the procurement procedure request the economic operator to submit, supplement, clarify or complete the information or documentation related to the verification of the economic operator's origin within an appropriate time limit, provided that such requests are made in full compliance with the principles of equal treatment and transparency. Tenders from economic operators that fail to provide such information or documentation may be rejected in accordance with the rules applicable to the award procedure.
Amendment 328 #
2012/0060(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3 c (new)
Article 3 – paragraph 3 – subparagraph 3 c (new)
For the application of the additional contractual obligations upon the successful tenderer set out in Article 7, the origin of a good shall be determined in accordance with Articles 59 to 62 of Council Regulation (EEC) No 952/2013, while the origin of a service shall be determined on the basis of the origin of the economic operator providing it.
Amendment 330 #
2012/0060(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 4
Article 3 – paragraph 3 – subparagraph 4
Amendment 333 #
Amendment 337 #
2012/0060(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Tenders shall be exempted from this Regulation where more than 50% of the total value of the tender is made up of goods and/or servicesthey have been submitted by an economic operator originating in least- developed countries listed in Annex IV to Regulation (EU) No 978/201227 , and in developing countries considered to be vulnerable due to a lack of diversification and insufficient integration within the international trading system as defined in Annex VII to Regulation (EU) No 978/2012. _________________ 27Regulation (EU) No 978/2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008 (OJ L 303, 31.10.2012, p. 1).
Amendment 341 #
2012/0060(COD)
Proposal for a regulation
Article 5
Article 5
Amendment 344 #
2012/0060(COD)
Investigations, consultations and price adjustment measure, measures and contractual obligations
Amendment 347 #
Amendment 350 #
2012/0060(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Amendment 355 #
2012/0060(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 a (new)
Article 6 – paragraph 1 – subparagraph 1 a (new)
Upon publication of the notice, the Commission shall invite the third country concerned to submit its views, provide information and enter into consultations with the Commission in order to remove the alleged third country measure or practice. The Commission shall regularly inform Member States, within the Committee set up by Article 7 of the Council Regulation (EU) 2015/1843 (Trade Barriers Regulation), the interested parties and the European Parliament.
Amendment 360 #
2012/0060(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The assessment by the Commission of whether the alleged restrictive and/or discriminatory procurement measures or practices have been adopted or are maintained by the third country concerned shall be made on the basisinvestigation and consultations shall be concluded within a period of six months after the date of the publication in the Official Journal of the informitiation supplied by interested parties and Member States, of facts collected by the Commission during its investigation, or both. The assessment shall be concluded within a period of eight months after the initiation of the investigation. In duly justified cases, this period may be extended by four monthnotice. In duly justified cases, the Commission may, before the end of the initial six months, extend that period by three months, by publishing a notice in the Official Journal of the European Union and informing the third country, interested parties and Member States.
Amendment 364 #
2012/0060(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Upon conclusion of the investigation and consultations, the Commission shall make publicly available a report recording the main findings of the investigation and a proposed course of action. The Commission shall present the report to the European Parliament.
Amendment 368 #
2012/0060(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where the Commission concludes as a result offinds, following its investigation that the alleged restrictive and/or discriminatory procurementthird country measures or practices areis not maintained or that ithey does not result in restrictions toserious and recurrent impairment of access byof Union economic operators or Union goods andor services to the public procurement or concession markets of the third country concerned, the Commission shall terminate the investigation. and publish a notice of termination in the Official Journal of the European Union.
Amendment 370 #
2012/0060(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 374 #
2012/0060(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
Amendment 375 #
Amendment 387 #
2012/0060(COD)
Proposal for a regulation
Article 8
Article 8
Amendment 429 #
2012/0060(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Amendment 433 #
2012/0060(COD)
Proposal for a regulation
Article 9
Article 9
Authorities or entities concerned The Commission shall determine the contracting authorities or entities or categories of contracting authorities or entities, listed by Member State, whose procurement is concerned by the measure. To provide the basis for this determination, each Member State shall submit a list of appropriate contracting authorities or entities or categories of contracting authorities or entities. The Commission shall ensure that an appropriate level of action is taken and that a fair distribution of the burden among Member States is achieved.rticle 9 deleted
Amendment 439 #
2012/0060(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9a Additional contractual obligations upon the successful tenderer 1. In the case of procurement procedures to which an IPI measure is applicable, as well as in the case of contracts awarded based on a framework agreement where the estimated value of those contracts is equal or above the respective values set out in Article 8 of Directive 2014/23/EU, Article 4 of Directive 2014/24/EU and Article 15 of Directive 2014/25/EU and when those framework agreements were subject to the IPI measure, contracting authorities and contracting entities shall also include, among the conditions of the contract with the successful tenderer: (a) a commitment not to subcontract more than 25% of the total value of the contract to economic operators originating in a third country which is subject to an IPI measure; (b) for contracts whose subject matter covers the supply of goods, a commitment that, for the duration of the contract, goods and/or services supplied or provided in the execution of the contract and originating in the third country which is subject to the IPI measure represent no more than 25% of the total value of the contract, whether such goods and/or services are supplied or provided directly by the tenderer or by a subcontractor; (c) an obligation to provide upon request adequate evidence corresponding to points (a) and/or (b)to the contracting authority or the contracting entity at the latest upon completion of the execution of the contract; (d) a proportionate charge, in case of non-observance of the commitments referred in points (a) or (b) of 25% of the total value of the contract. 2. For the purposes of paragraph 1(c) it is sufficient to provide evidence that more than 75% of the total value of the contract originates in countries other than the third country subject to the IPI measure. The contracting authority or contracting entity shall request evidence in case of reasonable indications of incompliance with paragraph 1(a) and/or1(b) or if the contract is awarded to a group of economic operators comprising a legal person originating in the country subject to an IPI measure. 3. A reference to the additional conditions laid down in this Article shall be included by contracting authorities and contracting entities in the documents for procurement procedures to which an IPI measure is applicable.
Amendment 443 #
2012/0060(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 449 #
Amendment 466 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Contracting authorities and contracting entities may, on an exceptional basis, decide not to apply the price adjustmentIPI measure with respect to a procurement or a concession procedure if:
Amendment 470 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
Amendment 475 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a a (new)
Article 12 – paragraph 1 – point a a (new)
(aa) there are only tenders from economic operators originating in the country subject to an IPI measure, or only such tenders meet the tender requirements; or
Amendment 480 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a b (new)
Article 12 – paragraph 1 – point a b (new)
(ab) this is justified for overriding reasons relating to the public interest, public security or public health emergencies.
Amendment 483 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
Amendment 486 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where a contracting authority or contracting entity intenddecides not to apply a price adjustmentn IPI measure , it shall indicate its intention in the contract notice that it publishes pursuant to Article 49 of Directive 2014/24/EU or Arform the Commission, in a manner to be decided by the respective Member State, no later than thirty calendar days after the publication of the contract noticle 69 of Directive 2014/25/EU or in the concession notice pursuant to Article 31 of Directive 2014/23/EU. It shall notify the Commission no later than ten calendar days after the publication of the contract noticethe award of the contract. The Commission may object to a non- application of an IPI measure if the notification lacks sufficient justification. If the Commission intends to object to the non-application of an IPI measure, it shall notify the contracting authority or contracting entity within the aforementioned time period.
Amendment 492 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
3. The notification shall contain the following information: information on the origin of the economic operators that have submitted a tender, due justification of the use of the exception and, where appropriate, any other information deemed useful by the contracting authority or contracting entity.
Amendment 495 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 3 – point a
Article 12 – paragraph 3 – point a
Amendment 496 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
Amendment 498 #
2012/0060(COD)
Amendment 499 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 3 – point d
Article 12 – paragraph 3 – point d
Amendment 502 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 3 – point e
Article 12 – paragraph 3 – point e
Amendment 503 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2
Article 12 – paragraph 3 – subparagraph 2
The Commission may ask the contracting authority or contracting entityMember State concerned for additional information.
Amendment 504 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1
Article 12 – paragraph 4 – subparagraph 1
Amendment 507 #
2012/0060(COD)
Amendment 508 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2 – point b
Article 12 – paragraph 4 – subparagraph 2 – point b
Amendment 509 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2 – point c
Article 12 – paragraph 4 – subparagraph 2 – point c
Amendment 510 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2 – point d
Article 12 – paragraph 4 – subparagraph 2 – point d
Amendment 511 #
2012/0060(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2 – point e
Article 12 – paragraph 4 – subparagraph 2 – point e
Amendment 512 #
Amendment 514 #
2012/0060(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 515 #
2012/0060(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 518 #
2012/0060(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Remedies To ensure legal protection of economic operators having or having had an interest in obtaining a particular contract falling under the scope of this Regulation, Council Directive 89/665/EEC and Council Directive 92/13/EEC shall apply accordingly
Amendment 521 #
2012/0060(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 523 #
2012/0060(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 531 #
2012/0060(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17a Review No later than three years after the adoption of an implementing act or after the date of entry into force of this Regulation, whichever is the earliest, and every three years thereafter, the Commission shall review the scope, functioning and efficiency of this Regulation, and shall report its findings to the European Parliament and the Council.